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1989-03-14 15'7 TOWN BOARD MEETING REGULAR MEETING 4.05 P. M. MARCH 14, 1989 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA BOARD MEMBERS PRESENT: COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN SUPERVISOR STEPHEN BORGOS MEMBERS ABSENT: COUNCILMAN GEORGE KUROSAKA TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS: LEE YORK, RICK MISSITA, DAVE HATIN, PAUL NAYLOR PRESS: W WSC POST STAR RESOLUTION OF SORROW - SIDNEY VAN DUSEN RESOLUTION NO. 154, Introduced by the Entire Town Board, WHEREAS, Mr. Sidney VanDusen of Queensbury died on March 12, 1989, and WHEREAS, Mr. VanDusen was Warren County Clerk from 1958 until his retirement in 1972, and WHEREAS, Mr. VanDusen was President of the Queensbury Senior Citizens, Past President of the Warren/Washington Counties Chapter of the Association for Retarded Children, Past Vice President of the New York State Association for Retarded Children, and a Member of the Board of Governors of the State Association for Retarded Children, and WHEREAS, Mr. VanDusen was Past President and a 40-year member of the Bay Ridge Volunteer Fire Company and was a community leader and supporter of many organizations, and WHEREAS, Mr. VanDusen served the residents of Warren County and the Town of Queensbury in an exemplary manner as a true public servant, and WHEREAS, Mr. VanDusen was a valuable asset to his community through his involvement in public service organizations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury wishes to express to Mrs. Van Dusen and her family their sympathy on behalf of the Town Board and the residents of the Town of Queensbury, on the passing of Mr. VanDusen. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka (Moment of Silence) COUNCILMAN MONAHAN-Mr. VanDusen is a neighbor of mine he is also a member of the same church that I am a fellow Grange Member he is someone that I have know since I was knee high to a grass hopper as the saying goes, he is the type of person that has made the community, Queensbury and this area the type of community that it has. He has been a leader in all types of volunteer efforts he and his wife along with a few other key members did so much in this area to get facilities and programs like the workshop for the handicapped and he together with his wife are just an example to everyone in this area of what we should be doing as community citizens. I hate to see this great team broken up, of Mr. and Mrs. VanDusen and all I can say they are an example to all the rest of us in this area, may we all do as well. 158 SUPERVISOR BORGOS-I will ask that the flag be flown at half staff until after the funeral. OPEN FORUM 4:10 P. M. JOHN BUECKING-Ridge Road, I want to thank the Town Supervisor for his help in my matter that I wrote to him about earlier this fall. It has to do with the Route 9L conditions that are all around the town here with regard to the potholes and the condition of the highway. For sometime I have been after Mr. Steffens in order to get that portion of Ridge Road fix, it is just something that we find it real difficult to live with, it sounds like when the unladen vehicles from Finch Pruyn and all the rest of the vehicles come south from having dumped whatever they dumped, wherever they dumped it, those things are empty and they make a terrible sound as they hit the bumps. If there is anything we can do here as a body I would ask that we do it. SUPERVISOR BORGOS-As you know, I have written to Mr. Steffen several times, and Fred Austin at the County, I actually went out and looked at the spot its not hard to find. What I think what is happening is that when the trucks go over the bumps the tailgate swings open and a couple seconds later it comes back. It is a bad hole, its not the worst in the town, but its a bad one. Mr. Steffen has indicated that in the Spring he will do the best he can to patch the whole section. If you would like we can write another letter indicating that you attended this meeting and we have the consensus of the Town Board to request it be fix as soon as possible. JOHN BUECKING-That would be great. The way the road is constructed is that at one time the shoulders were widened what is there now is sort of a lower section and a upper section and as these big vehicles come around there they tend to try to miss the bumps so they steer towards the center of the road. The deterioration that I pointed out through you to Herb Steffen last fall has gotten worse to the point that they try to avoid that and they start coming towards my driveway. SUPERVISOR BORGOS-I hope you understand that it is a state road, we don't have the power. JOHN BUECKING-I know that, but I thank you in whatever you may do to fix it. COUNCILMAN MONAHAN-Anyone familiar with Ridge Road realize the problems of that road, perhaps Steve we might get together some resolution from this board that might have a little more power than a letter. SUPERVISOR BORGOS-We can do the Resolution and present it next Thursday at our meeting. --- COUNCILMAN MONAHAN-I think we all have to wonder if Ridge Road was ever originally engineered for the type of truck traffic that is going on it today. SUPERVISOR BORGOS-Maybe our resolution can go a little further than just repairing the hole maybe it can go to the state for reconstruction. Maybe Mr. Montesi in whose ward that is in would be willing to propose a few paragraphs and get them to our Attorney in the next few days. COUNCILMAN MONAHAN-That's a hazardous road when you get some of those projections there your going to have a little problem when you have Butternut right across the road from you there and that adds to it. COUNCILMAN MONTESI-As Town Board members we have received a Final Map Plan and Report from Quentin Kestner, Kestner Engineering, for our Route 9 Sewer District which is a extension up Route 9 probably to McDonald's north. We have also received a Map Plan and Report for Bay Road, which is basically from Cronin Road north to the Town Hall. Both of these reports are in the hands of the Town Board and the Supervisor we can read them and discuss them when we're ready we hope. We have had public information meetings on this we haven't gone to a public hearing. I would like to propose one workshop meeting with the entire Town Board and Quentin Kestner, and perhaps our Town Planner, and also because of the difficulty we have had in the past I would like to have ECON there just to make sure that Quentin reviews this with all the Town Board Members and we talk about the borders and the boundaries. I think we all are learning from Sewer District 1 that there are some parcels of land that were in the wetlands that probably shouldn't have been in the Sewer District. We ought to have a workshop session, its open to the public, at least the whole Board would be there we can ask Quentin any of these questions. I think this would prepare me as Chairman of the Sewer Committee to offer to the Town Board a proposal to go to Public Hearing on these two extensions. COUNCILMAN MONAHAN-Perhaps now is the time out here someplace to start posting these 159 maps of the proposed boundaries of the Sewer District so that people in that area can come in right in the primary stages and take a look at them so they can put their input in early. SUPERVISOR BORGOS-You might wish to want after the workshop because there will be Public Hearing's. COUNCILMAN MONAHAN-I realize that. This is the point, sometimes a Public Hearing has been a little bit to late for some of this stuff and I really think the people involved ought to be aware of exactly where we are talking about right at the very beginning so they can start to put their input in. SUPERVISOR BORGOS-I have no problem with that, my only concern is that maybe in the workshop you would clear up questions that we have that would automatically take some things out. (Board agreed to set up workshop meeting) OPEN FORUM CLOSED 4:20 P. M. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 155,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: RESOLVED, that the Town Board Minutes of January 31st, February 28th, and March 7th, 1989, be and hereby are approved. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO AMEND NAME OF TIFFANY DRIVE TO TIFFANY LANE RESOLUTION NO. 156,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury previously accepted the deed to Tiffany Drive in the Dixon Heights Subdivision on December 22, 1987, by resolution no. 387 of 1987, and WHEREAS, with the exception of said resolution accepting the street known as Tiffany Drive, in accordance with a letter from Edward M. Bartholomew, Jr., closing attorney for the Michaels Group, Inc., Dixon Heights, many other official documents, tax maps, surveys, and certificates of occupancies issued by the Town of Queensbury reflect the street as Tiffany Lane, and WHEREAS, Mr. Bartholomew has requested that the Town Board of the Town of Queensbury allow the street name to be changed from Tiffany Drive to Tiffany Lane to avoid confusion at a later date and rather than to change the mulitude of other documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 387 of 1987 such that Tiffany Drive will from hereon be referred to as Tiffany Lane. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION FOR PROPOSAL FOR ENGINEERING SERVICES- MAP, PLAN AND REPORT FOR PROPOSED EASY STREET WATER DISTRICT RESOLUTION NO.157, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town of Queensbury wishes to retain a consulting engineering firm to prepare 160 a map, plan and report for the proposed Easy Street Area Water District, such proposed service area to include the properties on Easy Street, Butler Pond Road, Eldridge Lane, Bennett Road, Aviation Road, and West Mountain Road, and WHEREAS, R. H. Irish, Consulting Engineer, has offered to engineer, map, plan, and prepare a report for the proposed Easy Street Water District for an amount of $1,500.00, and WHEREAS, Thomas K. Flaherty, Superintendent of the Town of Queensbury Water Department, has recommended the hiring of R. H. Irish Consulting Engineer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes R. H. Irish Consulting Engineer to prepare a map, plan and report for the proposed Easy Street Water District for an amount of $1,500.00, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized and directed to engage and retain R. H. Irish Consulting Engineer, in accordance with the terms set forth in this resolution and sign an agreement retaining R. H. Irish Consulting Engineer, 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 Queensbury. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION OF APPRECIATION FOR JOYCE EGGLEST.ON RESOLUTION NO. 158,Introduced by the Entire Town Board, WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Joyce Eggleston from the Town of Queensbury Board of Assessment Review, dated February 12, 1989, and WHEREAS, Joyce Eggleston, a resident of the Town of Queensbury, has served the community with distinction, and WHEREAS, Joyce Eggleston was a dedicated member of the Board of Assessment Review from March 31, 1987 through September 30, 1988, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the residents of the Town of Queensbury, wishes to express its sincere appreciation to Joyce Eggleston for the time and talent she has generously contributed toward making the Town of Queensbury a "good place to live." Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs, Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO HIRE PARALEGAL RESOLUTION NO.159,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town Attorney for the Town of Queensbury has requested a paralegal to assist him in his duties and responsibilities as Town Attorney, and WHEREAS, the Town Board of the Town of Queensbury, by virtue of Section 20 of the Town Law of the State of New York, has the authority to employ such employees as the Town Board 161 may determine necessary for the proper conduct of the affairs of the Town of Queensbury, and WHEREAS, the position of paralegal in the Office of Town Attorney was budgeted for, for the year 1989, NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of paralegal in the Office of jown Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Section 138 of the — Town Law of the State of New York, hereby appoints Ms. Susan Cummings as Paralegal, with her bi-weekly salary to be based upon the rate of $18,000.00 per year, and hereby approves and ratifies her commencement of work on April 3, 1989, in the capacity of Paralegal. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION REGARDING PETTY CASH FUND RESOLUTION NO. 160 Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Water Department for the Town of Queensbury presently has in existence a petty cash fund for use by the Water Department 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 Queensbury for the conduct of its affairs, and WHEREAS, the Water Superintendent, Thomas K. Flaherty, has requested an increase in the amount of said petty cash fund from $25.00 to $100.00, and WHEREAS, such petty cash funds are provided for under §64 of the Town Law, NOW, THEREFORE, BE IT RESOLVED, that the petty cash fund of the Water Department be increased from the present amount of $25.00 to an amount of $100.00, 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 to the rendering of any such services. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION OF SUPPORT FOR THE PUBLIC HIGH SCHOOL STATE CHAMPIONSHIP TOURNAMENT FOR GIRLS RESOLUTION NO. 161,Introduced by the Entire Town Board, WHEREAS, the Queensbury High School, located in the Town of Queensbury, has hosted the Public High School State Championship Tournament for Girls since 1983, and WHEREAS, the attendance at the annual tournament which represents the final competition for 16 public high schools in the state was 4,706 in 1989, and WHEREAS, the location of the tournament at the Queensbury High School offers the participants the use of practice gyms and the convenience of accommodations, restaurants, shopping, and entertainment near the school, and 162 WHEREAS, the residents of the Town of Queensbury are pleased to share the atmosphere of hospitality with visitors from across New York State, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby notifies the New York State Basketball Committee, meeting May 6, 1989, at Shaker Junior High School in Latham, New York, that the Town of Queensbury supports continuation of the Girls Public High School State Championship Tournament at the Queensbury High School, and BE IT FURTHER, RESOLVED, that the Town of Queensbury shall assist in the preparation of a formal proposal to retain the Public High School State Championship Tournament in the Town of Queensbury. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD COUNCILMAN MONTESI-Are we going to put together a financial package for an inducement sale pitch? SUPERVISOR BORGOS-A proposal will be put together, there are several separate committees working on this. The town is functioning only in the position in helping to retain this tournament here, what the final form of that looks like I'm not sure, but I'm sure will be in contact with the Adirondack Regional Chamber and with other business people in the area. We hope to have an opportunity to keep the tournament here in Queensbury. (Asked Town Clerk to send a certified copy to Dr. Irion at Queensbury School) RESOLUTION TO AUTHORIZE TOWN SUPERVISOR TO EXECUTE AMENDED TECHNICAL PARK SEWER DISTRICT AGREEMENT RESOLUTION NO.162,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: _ WHEREAS, by the Town Board Resolution No. 536, 1988, the Town Board of the Town of Queensbury previously approved an agreement to be entered into between the City of Glens Falls, and the Town of Queensbury relative to the Glens Falls Board of Water and Sewer Commissioners providing sewer service to the Queensbury Technical Park Sewer District, and WHEREAS, since the time that the Town Board previously approved the agreement referred to in said resolution, the City of Glens Falls Board of Water and Sewer Commissioners have requested certain additions and deletions from said agreement, and WHEREAS, a new, proposed agreement is presented to this Board for adoption instead of and in place of the agreement previously authorized by this Board, and WHEREAS, a review of said agreement discloses that the new, proposed agreement is fair and equitable in all respects and that it is in the best interest of The Technical Park Sewer District to enter into the proposed written agreement with the City of Glens Falls, NOW, THEREFORE, BE IT RESOLVED, that the previous resolution authorizing an agreement between the City of Glens Falls and the Town of Queensbury relative to the Queensbury Technical Park Sewer District is hereby rescinded, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of The Technical Park Sewer District, approve on behalf of the said sewer district the new, proposed agreement presented at this meeting in the present form thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury be authorized and directed 16.3 on behalf of the sewer district to execute said agreement and that the sewer district be bound by the terms and conditions of the agreement upon the execution thereof by the Town Supervisor. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO PREPARE, EXECUTE AND SUBMIT APPLICATION FOR THE INCREASE IN THE MAXIMUM AMOUNT TO BE EXPENDED FOR THE CONSTRUCTION OF THE SAID CENTRAL QUEENSBURY/QUAKER ROAD SEWER DISTRICT RESOLUTION NO.163,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town of Queensbury has heretofore formed the Central Queensbury/Quaker Road Sewer District by Town Board Resolution No.133, 1986, on the 13th day of May, 1986, and WHEREAS, the estimated maximum amount to be expended for the establishment and construction of such District heretofore stated in the public hearing for the establishment of such District was the sum of $7 million, and WHEREAS, the Town Board has received the report of Kestner Engineers, P. C., Project Engineers, indicating that it is necessary and in the public interest to increase such maximum amount, and WHEREAS, the Town Board wishes to make application to the Comptroller of the State of New York pursuant to Section 209 (h) of the Town Law of the State of New York for an order of the Comptroller to increase the maximum amount heretofore stated in the notice of public hearing for the establishment of Central Queensbury/Quaker Road Sewer District to the sum of 9.4 million, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor, Stephen Borgos, be and he is hereby authorized with the assistance of the Town Attorney and Special Counsel to the Town Attorney, John W. Tabner, in conjunction with the Project Engineers, Kestner Engineers, P. C., Consulting Engineers, to prepare, execute, and submit to the Comptroller of the State of New York, an application for the increase in the maximum amount to be expended for the construction of the said Central Queensbury/Quaker Road Sewer District. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD COUNCILMAN MONAHAN-Questioned if this required another Public Hearing? TOWN ATTORNEY-Yes ultimately it will, you first go to the State Comptroller Office then Public Hearing routes. RESOLUTION CONCERNING AMOUNTS TO BE HELD AND RETAINED FROM SALE OF CEMETERY LOTS BY CEMETERY COMMISSIONER _ RESOLUTION NO. 164,Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: WHEREAS, by virtue of special legislation passed in 1948 and 1954, there exists in the Town of Queensbury a Board of Cemetery Commissioners, which board is entrusted with the management, supervision, and control of the cemeteries and places provided for burial of the dead, belonging to or under the control of the Town of Queensbury, and WHEREAS, pursuant to legislation adopted by the State of New York in 1954, said Board of 164 Cemetery Commissioners may hold and retain from the sale price of cemetery lots sold by it, such amounts as the Town Board of the Town of Queensbury, may by resolution determine, and WHEREAS, the Board of Cemetery Commissioners have since December, 1974 withheld an amount equal to that of 33% of the sale price of cemetery lots sold by it, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the withholding of 33% of the sale of the cemetery lots by the Board of Cemetery Commissioners since 1974, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies and approves the actions the Board of Cemetery Commissioners in holding and retaining from the sale of cemetery lots an amount equal to 33% of the sale price of the lots sold since 1974, and ratifies and approves any actions by Town Officers or employees in allowing said amount to be retained, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Board of Cemetery Commissioners to hold and retain 33% from the sale price of cemetery lots sold by it as of the 14th day of March, 1989, until such time as the Town Board of the Town of Queensbury fixes a new amount to be withheld by resolution. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO ESTABLISH COMMITTEE TO STUDY LIFE INSURANCE/RETIREMENT POTENTIAL FOR MEMBERS OF VOLUNTEER FIRE DEPARTMENTS RESOLUTION NO. 165 -Introduced by Betty Monahan who moved for its adoption, seconded — by Marilyn Potenza: WHEREAS, during the month of December, 1988, the Town of Queensbury entered into contracts with the following volunteer fire companies: Bay Ridge Volunteer Fire Company, Inc., North Queensbury Volunteer Fire Company Inc., Queensbury Central Volunteer Fire Company, Inc., South Queensbury Volunteer Fire Company, Inc., and West Glens Falls Volunteer Fire Company, Inc., and WHEREAS, pursuant to the terms of said contracts, the Town of Queensbury and each of the Volunteer Fire Departments agreed to establish a committee to study the possibilities of life insurance/retirement potential for members of the Volunteer Fire Departments, with possible implementation at some future date, and WHEREAS, the Town Board of the Town of Queensbury is desirous of creating such a committee, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury proposes to create a committee to study the possibilities of life insurance/retirement potential for members of the Volunteer Fire Departments for possible implementation at some future date, and hereby proposes that the committee consist of two (2) members from each of the five (5) Volunteer Fire Companies, with the members to be selected by each Fire Company, and hereby proposes that Leslie Hillis of the Town of Queensbury be appointed Chairman of the Committee, with such Chairman to have a vote only in the case of a tie, and with such Chairman having the power to convene the first meeting not later than May 1, 1989, and BE IT FURTHER, RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized to present this resolution with the proposed committee structure to the Fire Companies for their agreement, and if the Fire Companies so agree, the committee will be set up as set forth herein. 165 Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD COUNCILMAN MONTESI-Questioned life insurance/retirement clause. SUPERVISOR BORGOS-That is one of the paragraphs in the contracts that we signed in December, at that point neither side was in the position to say yes, no, or under what circumstance and the legislation that provided the possibility of any kind of retirement for volunteer's had past the State, now that legislation has passed, all we're saying is that with this committee we want to take a look at it. I don't think that anybody is thinking of implementation for the foreseeable future at least. COUNCILMAN MONTESI-What has passed in the State Legislature? SUPERVISOR BORGOS-The State Legislature has authorized the provision by towns or other municipality to provide retirement in particular to volunteer fire fighters based on so many dollars per month per year as a certified service, its a small number I believe its $5.00 a month for years of service after five or ten years. It is just one of the options to look at and this committee is just going to look at it, we're under contract to create the committee. RESOLUTION TO RELOCATE RIGHT-OF-WAY IN NORTHERN DISTRIBUTING SUBDIVISION RESOLUTION NO.166,Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town of Queensbury is the owner of a certain 50 ft. right-of-way which proceeds in a southerly direction from a point in intersection with Corinth Road in the Town of Queensbury, and WHEREAS, said right-of-way crosses certain property owned by Carey Real Estate Trust and the trustees of said trust have proposed to relocate said right-of-way as set forth on a preliminary survey map by Rist-Frost Associates, P. C., and entitled, "Northern Distributing Subdivision", dated February 6, 1987 and presented to this meeting, NOW, THEREFORE, BE IT RESOLVED, that the relocation of said right-of-way is hereby approved and authorized so long as said new right-of-way is paved by Carey Real Estate Trust or their agents, employees, or assigns at their expense and at no expense to the Town of Queensbury and, such right-of-way shall be paved and constructed as a road in compliance with road specifications of the Town of Queensbury and the Town Attorney is hereby directed to draft such other documents and resolutions as may be necessary to effectuate the relocation of said right-of-way and the Town Supervisor is hereby authorized to execute on behalf of the Town of Queensbury any documents necessary to effectuate said transfer. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD COUNCILMAN MONTESI-I was hoping there was some kind of a string on this that by giving this right-of-way this change is that the first thing that they we're going to do is pave that so that we we're assured of a right-of-way to our land. I am concerned that maybe we do this they develop the front part and it might be a year or two or three before we're able to get to our property. SUPERVISOR BORGOS-Maybe Lee York can explain to us. I understand that this is the light manufacturing industrial operation on Corinth Road, I understand this has gone through the planning process am I correct? 166 LEE YORK-At this point they have come in for a preliminary approval. To my knowledge there are no agreements that have been made through the property to get to your property. COUNCILMAN MONTESI-Is it a phase operation? LEE YORK-Pretty much. MAP SHOWN TO BOARD SUPERVISOR BORG OS-Explained where Corinth Road was. For a long period of time the Town has had a 50 ft. right-of-way from the Corinth Road to no where, the town has owned about 60 acres of property here (points out on map) this was going to be a Town Recreation site at one point. COUNCILMAN MONTESI-This doesn't do what we want, this is being conveyed, this isn't paved this is_paved, I can't accept that. SUPERVISOR BORG OS-Fortunately for the Town a development has been proposed here whereby this will become a town road, instead of just having this particular easement we will now have a conveyance to the town from this town road directly to our property whereas before we couldn't reach our property. COUNCILMAN POTENZA-Is the road being conveyed to the town, will that also be paved? SUPERVISOR BORGOS-No, we would have to do that. We we're under pressure before to pave this entire road. COUNCILMAN MONTESI-We didn't do a very good job negotiating they built on our right-of-way we had it in our hands to get that road right in. SUPERVISOR BORGOS-This came across the Board a year ago. COUNCILMAN MONTESI-I realize that, if we do not give this up their building is in our right-of-way. SUPERVISOR BORGOS-That's how we're able to get this. COUNCILMAN POTENZA-We just don't want it, we want it paved. COUNCILMAN MONTESI-We want something out of it. COUNCILMAN POTENZA-They said they would pave it. SUPERVISOR BORGOS-I don't remember that. COUNCILMAN MONTESI-You have three guys here that are looking at it in a very aggressive way. SUPERVISOR BORGOS-You want them to pave it? COUNCILMAN MONTESI-They said they would give us a paving right to it, does that show in the subdivision? LEE YORK-It shows the easement there is no agreement to pave that however, to my knowledge. SUPERVISOR BORGOS-I think we should talk to the Attorney, I don't recall that entering into the discussion. COUNCILMAN POTENZA-The comment was "paving right to our land", not conveying to the Town, but paving the road right to our land. COUNCILMAN MONAHAN-Look at the amount of land we're giving up in our easement. SUPERVISOR BORGOS-Did they at that meeting? COUNCILMAN POTENZA-Yes. SUPERVISOR BORGOS-O.K., I didn't recall that. COUNCILMAN MONTESI-The other problem too is that they probably were going to do that subdivision around that roadway so that they could utilize it as a access also, we didn't have any problem with that. COUNCILMAN POTENZA-They could if they wanted to because this is their land too. COUNCILMAN MONTESI-We thought that it was a part of their plan and that's why we're getting it conveyed. SUPERVISOR BORGOS-All I remember is that this was going to be their road and we asked them to slice off a piece of one of these parcels. COUNCILMAN MONAHAN-When you look at the easement that we had before and the easement we're getting now we certainly ought to get more because that's not the same amount of land being conveyed. . . COUNCILMAN POTENZA-We needed this the other one is no good to us. — COUNCILMAN MONAHAN-What I'm saying is that its only fair that they pave this. SUPERVISOR BORGOS-You want to request that they pave this? COUNCILMAN POTENZA-Yes. SUPERVISOR BORGOS-Do you want this regular town road width? COUNCILMAN POTENZA-What's the width their conveying to us? PAUL NAYLOR-You better get some input from your Recreation Department. COUNCILMAN MONTESI-We have 64 acres of land that is potentially is recreational facility, I certainly couldn't expect that an entrance of a park be less than any other standard road 50 ft. What do you pave? PAUL NAYLOR-24 feet. You really don't want throughways, you want to keep it slow and rustic. You should have engineer input on that one. COUNCILMAN MONTESI-If we have a 50 ft. right-of-way you obviously don't want to pave 50 ft. PAUL NAYLOR-Keep it standard with our standards of the Town. COUNCILMAN MONTESI-I think the important thing to Paul is that easement or right-of-way if its 50 ft. and its paved to 24 ft. can also be utilize by the owner of the adjoining properties. PAUL NAYLOR-Right. COUNCILMAN MONTESI-I really assumed when we got this initially that part of this plan would be that the road would be paved and that they would also use it as part. . . COUNCILMAN POTENZA-To go by the layout of the map your right between two building lots and the buildings would face the cul-de-sac to the lands to the back, they might want a side driveway off of that or a back driveway off of that, but I can't imagine them having business facing that road if that's going to be an entrance someday, maybe could be both. COUNCILMAN MONAHAN-They can't use it around unless its a dedicated town road, they can't use as private road if going to a recreation area we have to think of people that may be walking, biking, etc. COUNCILMAN MONTESI-We will have to have it as a dedicated road how would you get from there? COUNCILMAN MONTESI-You could have that as a private town road leading into a recreation spot it would be like the road that wines around Gurney Lane. COUNCILMAN MONTESI-O.K. The only concern is that they have to accept the fact that whatever buildings go in there, there is a 50 ft. roadway going through there and it would have to be designed accordingly. RESOLUTION FOR PROPOSAL FOR ENGINEERING SERVICES- DEVELOPMENT OF SPECIFICATIONS FOR THE REPAINTING OF THE WEST MOUNTAIN ROAD STORAGE TANK RESOLUTION NO.167,Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the Town of Rueensbury wishes to retain a consulting engineer firm to prepare 168 detailed specifications and contract documents for repainting of the existing West Mountain Water Storage Tank, and WHEREAS, K. W. Bunn Engineering, P. C., Consulting Engineers, has offered to prepare said specifications for an amount of $2,485.00, and WHEREAS, Thomas K. Flaherty, Superintendent of the Town of Queensbury Water Department, has recommended the hiring of K. W. Bunn Engineering, P.C., Consulting Engineers, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes K. W. Bunn Engineering, P. C., Consulting Engineers, to prepare detailed specifications and contract documents for the repainting of the existing West Mountain Water Storage Tank, for an amount of $2,485.00, with said amount to be paid for from Capital Improvement Account #W1275-995-1900, and BE IT FURTHER, RESOLVED, that the Supervisor of the Town of Queensbury is hereby authorized and directed to engage and retain K. W. Bunn.Engineering, P. C., Consulting Engineers, in accordance with the terms set forth in this resolution and sign an agreement retaining K. W. Bunn Engineering, P. C., Consulting Engineers, 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 Queensbury. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING CONTRACT WITH ADIRONDACK CHAPTER 79, VIETNAM VETERANS OF AMERICA RESOLUTION NO. 168,Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi: WHEREAS, the 1989 Budget of the Town of Queensbury provides for an item of $125.00 to be paid to the Adirondack Chapter 79, Vietnam Veterns of America, for purposes of assisting in defraying the rental of rooms for holding meetings pursuant to §64 (13) of the Town Law, and WHEREAS, said association also provides services to the residents of said Town, such services including but not limited to healthy family survival skills for families of Vietnam Veterans, men and women veteran's counseling groups, and referral services including substance abuse referrals and agent orange testing, and WHEREAS, a copy of the proposed contract for payment of the amount of $125.00 has been presented to this meeting. NOW, THEREFORE, BE IT RESOLVED, that the proposed contract between said Town and said Adirondack Chapter 79, Vietnam Veterans of America, for purposes of the Town assisting said Chapter 79 in defraying the rental costs for meetings is hereby approved, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the proposed contract on behalf of the Town of Queensbury, and that a copy of such contract duly executed, shall be filed with the Town Clerk of the Town of Queensbury, and BE IT FURTHER, --- RESOLVED, that said payment be made from miscellaneous account number A 235-6510-440. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos U9 NOES: None ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING WATER SUPERINTENDENT AND DEPUTY SUPERINTENDENT TO ATTEND AMERICAN WATER WORKS ASSOCIATION MEETING RESOLUTION NO.169,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the New York Section and New England Water Works Association Sections of the American Water Works Association are holding a joint meeting on April 25 - 27, 1989 at the Tara Hyannis Hotel & Resort in Hyannis, Massachusetts, and - WHEREAS, Thomas K. Flaherty, Water Superintendent, and Ralph VanDusen, Deputy Water Superintendent, have requested to attend said joint meeting, as the meeting allows for greater flexibility in speakers as well as product displays, and two (2) concurrent technical sessions run throughout each day, and WHEREAS, both Mr. Flaherty and Mr. VanDusen will be available by telephone during the conference and officials will be available in the Water Department to handle any problems until the return of Mr. Flaherty and Mr. VanDusen, NOW, THEREFORE, BE IT RESOLVED, that Thomas K. Flaherty, Water Superintendent and Ralph VanDusen, Deputy Water Superintendent, are hereby authorized to attend the meeting reference to above, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at this meeting are a proper District Charge and that such expenses shall be paid for from the Town of Queensbury Water Department's Conference Account. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING WOOD DUCK NESTING BOXES AT RUSH POND RESOLUTION NO. 170, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, the Town of Queensbury owns property at Rush Pond, and WHEREAS, Water Fowl (USA) Limited has requested permission to place wood duck nesting boxes on the Town of Queensbury-owned property at Rush Pond, and WHEREAS, Wood ducks are considered to be one of the species once considered approaching extinction, and WHEREAS, the placement of wood duck nesting boxes encourages wood ducks to nest in their natural habitat, and WHEREAS, Water Fowl (USA) Limited will take the responsibility of purchasing and placing the nesting boxes on the Town-owned property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Water Fowl (USA) Limited to place wood duck nesting boxes on the Town of Queensbury-owned property at Rush Pond. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None 170 ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR DESIGN AND CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT AND APPURTENANCES FOR THE BAY AND HAVILAND ROAD INTERSECTION RESOLUTION NO. 171,Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is desirous of contracting for the design and construction of a traffic signal for the Bay and Haviland Road intersection, as more specifically identified in the proposed contract documents submitted to this meeting, and in possession of the Town Clerk of the Town of Queensbury, and WHEREAS, pursuant to Section 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory Requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that an advertisement for bids for the furnishing of said traffic light, equipment, and appurtenances, pursuant to the terms of the said proposed bid documents, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury, at any time, until, but not later than, April 18th, 1989, at 2:00 p. m., and that the bids will be publicly opened and read at 2:05 p. m., by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p. m., April 18th, 1989, read the same aloud, and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD SUPERVISOR BORGOS-This is the step we have to take in order to get a full traffic signal at this intersection. The specs that were prepared by our request by Mr. Austin, because it is a County Road, they were then reviewed by then Rist-Frost Associates they made three minor changes. We have asked in this proposal that the contractors submit engineering plans and recommendations for a time signal or for a trip signal, and at that time the Board can make a decision. COUNCILMAN MONTESI-This particular intersection was specifically identified in Hiland Park's Phasing Development as a intersection, if and when the counts got up or whenever his Phase Three or Phase Four came into being that this would be a area that Gary would help pay for or pay for a light at this intersection, obviously we are proposing to put this light up in advance of any phasing of Mr. Bowen's Hiland Park, are we giving any consideration at all of having him pay for this in advance? SUPERVISOR BORGOS-We can always discuss that with him. There is a report on record filed a couple of years ago indicating that the light is long overdue prior to the Hiland Park operation. COUNCILMAN MONTESI-I believe that is was part of his application for the P.U.D. and that was part of the statement findings as I recall, so I think he actually has a comment. SUPERVISOR BORGOS-His development hasn't necessitated yet. 171 COUNCILMAN MONTESI-Not at this point. COUNCILMAN MONAHAN-There is a time that he will become involved. SUPERVISOR BORGOS-We can look at this and see what the agreement says. COUNCILMAN MONTESI-I don't think we had asked him to pay for the whole thing, but I think that at some phase along the way he was going to pay for a portion of it, if we are doing it up front then I think we ought to document that we are doing this and at some point when he does come in for Phase Three there will be a charge back on that. RESOLUTION TO UNTABLE RESOLUTION NO. 67 OF 1989 RESOLUTION NO. 172, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves Resolution No. 67, entitled Resolution To Schedule Public Hearing Concerning Proposed Amendments To Ordinance Number 30 And Its Subsequent Amendment, back onto the table. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED AMENDMENTS TO ORDINANCE NUMBER 30 AND ITS SUBSEQUENT AMENDMENTS RESOLUTION NO. 67,Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza: WHEREAS, Ordinance No. 30 of the Town of Queensbury and its amendments dated April 22, 1980, August 24, 1982, September 23, 1988, and October 25, 1988 provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, said Ordinance No. 30, Section 5 was recently amended and the Director of Building and Codes Enforcement has recommended certain additional amendments to the Town of Queensbury, and WHEREAS, said Ordinance No. 30, Section 5 is proposed to be amended to establish new fees for inspections performed in connection with amusements rides, add additional wording regarding the fees for additions per floor, reduce the fees for alterations per floor, add additional wording regarding the fees for decks/porches, delete the fees for site clearing permits (removal of any material involving 4 acre), add additional wording regarding the fees for one/two family dwellings, including modular homes, add additional wording regarding the fees for townhouses, condominiums, apartments, multi dwellings, per dwelling unit, and mobile homes without septic systems, and add additional wording regarding the fees for garages, to read as set forth in the annexed proposed Section 5, and WHEREAS, a public hearing concerning said amendments is required by law, NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 130 of the Town Law of the State of New York, a public hearing shall be held concerning the amendments of the ordinance as set forth above to amend Section 5 to establish new fees for inspections performed in connection with amusements rides, add additional wording regarding the fees for additions per floor, reduce the fees for alterations per floor, add additional wording regarding the fees for decks/porches, delete the fees for site clearing permits (removal of any material involving 4 acre), add additional wording regarding the fees for one/two family dwellings, including modular homes, add additional wording regarding the fees for townhouse, condominiums, apartments, multi dwellings, per dwelling unit, and -- mobile homes without septic systems, add additional wording regarding the fees for garages, and that said public hearing be held at 4:30 p. m., in the Queensbury Center, Bay and Haviland Roads, in the Town of Queensbury, Warren County, New York, on March 28, 1989, at which time all persons interested in the subject thereof shall be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be authorized and directed to 17194 publish and provide Notice of Said Public Hearing in accordance with the law. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka DISCUSSION HELD SUPERVISOR BORGOS-The last time that we talked about this we had a couple of concerns. The biggest concern that I personally had was not so much the dollar value of the fee with the very last one listed, or the concern with the counter value of the amusement ride fee, or rather with the concept of us inspecting amusement rides in any fashion, but I am concerned about us saying to anybody that anything is either right or wrong with foundations, footings, wiring, to cover the liability. DAVE HATIN-What I'm looking for is not to inspect the ride itself, all we're looking for is to make sure that what they submit for plans as foundations for these rides shows up on the job site, the engineer will verify along with my inspector and then they will submit an engineer letter when the ride is constructed and done with to the Department and then we will be done with it. SUPERVISOR BORGOS-Instead of doing that why don't we simply require a certification from an engineer that it has been done so we don't get into it at all. My concern is that if a foundation of a ride lets go and 35 or 50 people are killed then that's a big disaster and I would rather not have the Town of Queensbury involved. DAVE HATIN-Look at it from this point, we have large office buildings going up in this Town which are used basically as the same types of foundations, heavy concrete reinforced steel foundations and you have people in those. SUPERVISOR BORGOS-I don't think the potential for an instantaneous disaster is there. DAVE HATIN-The Department of Labor inspects these rides also. SUPERVISOR BORGOS-Right, with Department of Labor licence or approval plus an engineer's certification, I would be very comfortable and we wouldn't even have to go near it then we would just require those things. DAVE HATIN-Do you want to have a building permit? SUPERVISOR BORGOS-Maybe we don't want a building permit. COUNCILMAN MONTESI-Without a building permit I think your still going to be held liable. DAVE HATIN-The Uniform Code and also the Town Code addresses structures and buildings. COUNCILMAN MONTESI-If you give them a building permit your tying your hands in something. TOWN ATTORNEY-I think your right to some extent on the building permit its going to throw the Town into the suit somewhat to some extent, the other problem I have though is the question that goes through my mind is I don't know to what extent the other laws that are on the books require the Town to make some affirmative action in this regard. Sometimes your required to take action so you can't avoid liability just by refusing to act. I am not quit sure to what extent we're required under the Labor Laws or the other laws that control this area that we are required to go out and inspect, that's the area I want to investigate. COUNCILMAN MONTESI-Without a building permit you really can't give your assessor any guidance as to what the value of the rides are on that property. DAVE HATIN-I guess its where you draw the line with structures what do you call a structure, we have towers that are going up in the town for telephone and we do footing inspections on those, we have silo's going up for the cement companies we do inspections on those, I don't see a ride as any different. SUPERVISOR BORGOS-As you know they sometimes break and then we have some problems. DAVE HATIN-I also know there is a ride that was put in last year and if we hadn't gotten involved in it I seriously think that someone would have gotten hurt. 173 COUNCILMAN MONAHAN-That's the one I'm thinking about, would of that been caught by any of these other methods. DAVE HATIN-No, because the Department of Labor does not inspect those kinds of rides. SUPERVISOR BORGOS-The engineer's certification would have pick it up. DAVE HATIN-Yes, but the engineer of record did not review the ride the way he was suppose to, we ended up bringing in the Town Engineer who then requested the owner to hire his own engineer. SUPERVISOR BORGOS-Its up the the Board. COUNCILMAN MONAHAN-Its going to Public Hearing we could leave it in for the Public Hearing and see what happens. REVENUE ANTICIPATION NOTE RESOLUTION DATED MARCH 14, 1989 A RESOLUTION AUTHORIZING A REVENUE ANTICIPATION NOTE ON BEHALF OF THE CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT IN ANTICIPATION OF REVENUE TO BE RECEIVED FROM SEWER RENTS IN ACCORDANCE WITH A SEWER RENT LAW DULY ADOPTED JANUARY 17, 1989 AND AS AMENDED ON MARCH 7, 1989 RESOLUTION NO. 173, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: BE IT RESOLVED, BY THE Town Board of the Town of Queensbury, as follows: SECTION 1. The Revenue Anticipation Notes authorized herein are to be issued in anticipation of the collection of revenues other than real estate taxes or assessments, namely in anticipation of sewer rents due in accordance with a Sewer Rent Law duly adopted by the Town of Queensbury on January 17, 1989, and as amended on March 7, 1989. SECTION 2. The fiscal year in which revenues anticipated from the collection of said sewer rents are due is 1989. SECTION 3. The amount of uncollected revenues against which such notes are authorized is $673,296.97. SECTION 4. The amount of the revenue anticipation notes authorized to be issued is $275,000.00. SECTION 5. The maximum period of maturity authorized on the revenue anticipation notes referred to herein is ninety (90) days. SECTION 6. The revenue anticipation notes authorized hereunder are not to be issued in renewal of similar notes. SECTION 7. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such revenue anticipation motes as the same respectively become due and payable. Unless paid from revenues derived from the aforesaid sewer rents, there shall annually be levied on all the taxable real property of said Town of Queensbury a tax sufficient to pay the principal of and interest on such revenue anticipation notes as the same become due and payable. SECTION 8. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell revenue anticipation notes herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law and this resolution. SECTION 9. This resolution is not subject to permissive referendum. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka 174 COMMUNICATIONS ZONING CHANGES TOWN ATTORNEY-There have been a number of request for re-zoning made to the Town Board and the first phase at least for some of them sending them to the Planning Board has been completed and now this Board would be in a position to move on with these applications. What I want to do is just bring the Board's attention the thing that would have to be accomplish in order to approve these, and also bring to the Board's attention that this Board, of course, legally is not obligated to go any further with any of these than it desires. The first phase has happened the Planning Board has given you a report now you can look at them and decide what you would like to do, the second phase if you decide that you want to proceed further with these there are a couple of things that have to happen. First, there is a set of procedures outlined in our Zoning Ordinance, in the General Municipal Law and in the Town Law that have to followed to implement a zoning change. Second, SEQRA has to be complied with in connection with any of the zoning changes, both of these can be combined its just a single process. The most immediate concern would be the SEQRA as to who would draft the long Environmental Assessment Forms on behalf of the Town and review these. The second aspect is the next steps as far as the legal proceedings go beyond SEQRA, which means reference to the A.P.A. in the event that they have any jurisdiction, reference to the Warren County Planning Board of the applications, and then ultimately the setting up the Public Hearings by the Town Board etc. to act upon these. There are a number of steps involved so it will take a little while to go through these, but I suppose like I indicated earlier probably the first area of concern would be the SEQRA area that has to looked at. COUNCILMAN MONTESI-Paul, of the eight or nine that have come before the Planning Board for review and the Planning Staff for review they have both made there recommendations, let's assume the Planning Board and the Planning Staff have said no to a request to a variance change do you perceive the Town Board sitting in Executive Session to look at those applications to review them with you and to say or no we will proceed to go farther on this one, or no we're not going to even address it, how does that happen? TOWN ATTORNEY-In my opinion it could not happen in Executive Session, it would have to be at a Workshop Meeting. COUNCILMAN MONTESI-At some point we have to take those applications and say yes or no to them. It has already been public because the Planning Board has acted on it, its been in the Newspaper, the Planning Department recommendation, so we really should do that also. COUNCILMAN POTENZA-Would that be prior to filing SEQRA, what comes first? — TOWN ATTORNEY-If the Board we're to decide that they didn't want to bother to continue with the process at this point on specific applications then I think that just stops it right here and there. COUNCILMAN POTENZA-For every application that is filed can you do a Genetic SEQRA form? TOWN ATTORNEY-I think personally you would have to do a specific SEQRA because there in different areas of Town. LEE YORK-We did advertise it was a Workshop Session with the Planning Board there was no Public Hearing held for these applications. TOWN ATTORNEY-That is all right you don't have to do that phase. COUNCILMAN MONTESI-We really have to sit down and look at this. (BOARD AGREED TO TWO SEPARATE MEETINGS) LETTER RECEIVED FROM VICTOR LEFEBVRE IN REGARD TO FIRE AT ROBERT NORTGARD JR. RESIDENCE - PLACEMENT OF TEMPORARY MOBILE HOME TOWN ATTORNEY-I only have one page of this particular Ordinance in front of me certainly the one paragraph that is here, this is something the Board has the power to do at least it would appear, but whether the application itself contains everything that the Ordinance requires whether there is anything else I really can't say. DAVE HATIN-The building inspectors made inspection of the fire that occurred Sunday, the house is going to have to go through some extensive renovation and Mr. Northgard is seeking to put a trailer on there as a temporary means for his family until he gets his house. . . 175 SUPERVISOR BORGOS-Did you look at the whole Ordinance? DAVE HATIN-No. He has purchased a trailer we have to do the inspection on the trailer yet and that's questionable as to whether the trailer will comply or not. COUNCILMAN MONTESI-Its questionable as to whether it will meet New York Code anyway. DAVE HATIN-The company he bought it from called us and said they don't know if it will meet codes or not, I don't know this until we make an inspection of the trailer. TOWN ATTORNEY-There is a procedure for an application we have a letter from the Building Department. The law says "that an application for each mobile home shall be signed in writing by the applicant theRE will be a plan reasonable drawn to scale showing the boundaries of the premises etc., you have to acknowledge whether he owns the property, I think the reason for that is so that you know whether its in compliance with the rest of the Ordinance, for example it says "there must be evidence of water and sewage disposal system, there is no occupied moblie home outside a fully licensed court shall be parked or placed within 25 feet of a public street or highway, 10 feet of the side lines rear lines. COUNCILMAN POTENZA-For a temporary mobile home? TOWN ATTORNEY-Yes, for up to one year. SUPERVISOR BORGOS-The problem is the law right? TOWN ATTORNEY-Well it requires the application, you don't have the application in front of you. SUPERVISOR BORGOS-If we could get the application. How fast could you get the application? DAVE HATIN-I could have it for you tomorrow morning. SUPERVISOR BORGOS-Get the application filled out as quickly as possible let me know when its ready and I will have the Town Attorney take a look at this and will call a meeting if we have to. FEBRUARY REPORTS A. Town Clerk B. Building and Codes Ltr. D.O.T. re: Traffic-West Mt. and Bonner Dr. on file RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 174, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss the following: 1. Matter of litigation - Harris Case 2. Professional services 3. Land acquisition 4. Personal regarding specific employment history of a particular person. 5. Assessment litigation - John Burke Apartments Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION TO APPROVE REGULAR AUDIT OF BILLS RESOLUTION NO. 175,Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos: 176 RESOLVED, that the 1989 Audit showing on abstract on March 14th, 1989 Number from 89 -181-505 and totaling $393.842.00, be and hereby is approved. Duly adopted this 14th day of March, 1989, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Town of Rueensbury