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1989-04-24 SP 7 224 i E SPECIAL TOWN BOARD MEETING APRIL 24, 1989 7:50 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPER VISOR MPRIL YN POTENZA-COUNCILMAN RONALD MONTES1-COUNCILMAN BOARD MEMBERS ABSENT GEORGE KUROSAKA-COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PA UL 1)11 SEX TOWN OFFICIALS Tom Flaherty, Ralph VonDusen, Dove Hatin, Kathleen Kothe Press: G. F. Post Star, WENU PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI PUBLIC HEARING - LOCAL LAW REGARDING N��PLANNING BOARD PPLICATIONS SUPER CEDING APPLICATIONS AND PRELIMINARY AND F TOWN I_AW SECTION 274-a(2) and SF_CTiON 276(3) and 276(4) NOTICE SHOWN ATTORNEY DUSEK-This is a proposed local law which would essentially modify sections of the Town Law which require. u Planning Bourd to make a decision or act upon a subdivision application or site plan review application within a certain length of time. At the present time, if somebody submits a subdivision application for instance, the Planning Board must act upon that within forty-five days. With as 1 soy, a public hearing for instance, takes some sort of action with regard to it. Then otter a public hearing is held they have only forty-five days more which to make a final decision regarding that application. The site plan is similar although a site plan, it tray not be necessary to have a public hearing in connection with a site plan. Basically this loco/ law would eliminate those forty-five day requirements and substitute or actually the local law itself eliminates those requirements and says to the Planning Board adopt time and procedure for accepting applications by way of regulation. Once this local low is passed, presumably what would happen is the Planning Board would then meet, establish what its rules and regulations would be. They've olreody given some indication what they would like in the event that this is passed. That would. be, they would have a certain number of items that would come on to each agenda and once the agenda is full, any new matters would just simply be curried over to the next month. This would continue until possibly there ore no other matters. in other words, the agenda for the first month, soy they hove, pick an arbitrary number of ten on that month, that would be the the cap, and soy they got twenty applications in during this month, they would put ten on for what would now be May, and ten for June and keep doing that down the line. They would not have_ to worry about the forty-five day requirement. Once they get in on the agenda and they ar' being processed what the regulation would then require them to act within six months on any app t it does essentially, the first forty-five day period is knocked out entirely and on agenda control mechonisrn is set. The second forty-five days is limited to six months. Finally this local low has what we call a sun set provision which would provide that after a certain period of time, this local low would expire automatically, therefore so would the authority for those rules and regulations adopted by the Planning Board. The only thing 1 guess 1 would like to mention with regard to this, there will essentially be two public hearings. One public hearing which is tonight concerning the local low, then there will be a second public hearing concerning the rules and regulations to be adopted by the Planning Board. I hope that explains it. SUPERVISOR BORG OS-Thank you. I think I can speak for myself and pow apn the commu members of' the Board, but let them speak. We ore involved in a high rate al l. We have to balance the or g 1 think in the long run that is good, its better than no growth of al fairness considerations between what is fair for a proposed developer or subdivider, and now that means even someone who wants to split a property into two parcels. We hove to balance that with the work food of essentially a volunteer group of Planning Board people who normally met once a month, who are now meeting routinely four times a month. We ore saying it really doesn't make a lot of sense to meet at seven or seven-thirty, begin at that hour in the evening and work till midnight and stiff have eight or ten items ahead, and work until one or two o'clock in the morning and wondering how much quality of work we con get in at that point. We don't think that that's fair. On the We're caught l l►n State funny situatioQenl would uldplkel to think we con hove a few days to respond. 25 do things as efficiently as possible but this might be a situation where we can't. We can't hire a Planning Board that I am aware of that would sit here five days a week from eight to five. That is not the way it works. i like the concept of the sunset provision. Correct me again. This would lust for two years, 'is that right? ATTORNEY DUSEK-Yes, it is set to expire on the second anniversary. SUPERVISOR 130RGOS-The word annual is in there and I think, it says the second annual anniversary, I think it should mean the second anniversary. Two years from the dote of enactment. I guess I'll have to support it in concept, personally, and we're not going to vote on this tonight. That's my comment. i don't like it but I don't see any way around it. T COUNCILMAN hIONTESI-I think you hit it pretty well Steve whey you talked about balancing the fairness of people that arc here, people that have asked us to try and maintain a quality of life in our community, to try and control growth, not to let it be rampant and unplanned. We held a moratorium, we have u new master plan. 7hot muster plan has dictated that we'd like to maintain more open space, we don't want to see the quality of life go down. So we have actually reduce the density in our community. That was a need that people told us two years ago. I think this is another step that we're recognizing that if we don't start controlling or in some way having a handle on the agenda, that we may lose some good quality people on our Planning Board and lose the quality that we're trying to maintain with the new master plan. I support it whole heartily and I think we will be speaking more for the residents and the constituents that we represent, then we are for the number of developers. I don't want to annihilate them, I wont them to come to my community but I wont them to understand that it has to be planned and controlled. COUNCILMAN POTENZA-1 think one of the factors that people con deal with is if they know what is coming down or if they can plan, us our Town is planning I think with being able to have these different applicants come before the Planning Board and knowing whether they'll be on the agenda and when they'll be on the agenda, it is helpful to a developer and it is helpful to a local citizen. I support this. 1 think the Planning Board desperately needs it as a very active volunteer Board, they've worked very, very hard and I don't think they con work any harder than they are already working. I'm glad to see it come before this Board and I'm anxious to hear from the public and take a vote on it. y SUPERVISOR BORGOS-Thank you. Is there anyone from the public that would like to address this topic at this time? Hearing none, call that public hearing closed. PUBLIC HEARING CLOSED 8:00 P.M. PUBLIC HEARING - PROPOSED IMPROVEMENTS TO QUEENSBURY CONSOLIDATED WATER DISTRICT - QUAKER ROAD TRANSMISSION MAIN NOTICE SHOWN ATTORNEY DUSEK-Actually this is a hearing be held pursuant to Section 202 of the Town Law which requires a hearing to be held whenever an improvement is planned for a district. In this case it is a water district, it is the Queenshury Consolidated Water District. It is planning on improvement that would occur on Quaker Road consisting of a new water transmission main. My understanding is there presently is one there now, but this would be a replacement for that one and also be larger in capacity, to service the growing needs of the Town. This hearing as I mentioned is in compliance with the Town Law and after this hearing the Town Board would be in the position to conduct a SEQRA Review plus further resolutions authorizing this improvement if the Town Board sees fit. SUPERVISOR BORGOS-One of the things 1111 call to your attention, if you ore not familiar with this and Mr. Montesi did the last time was that there has been in place in the ground a twelve inch water line essentially from LoFoyette Street all the way to approximately Ridge Road. Is that right? CO UNCILAIAN MONTESI-Albany Engineering. SUPERVISOR BORGOS-Albany Engineering Systems. On either side of that there's a sixteen inch main. We've had failures already I believe in the twelve inch and there some corrosive soil in that area. At some point that is going to have to be replaced. The thought is to replace it now at the some time Quaker Rood is being reconstructed, would make a lot of sense, it will save money. The permit process with State agencies will be eliminated. It can all be done much less expensively now then at a time in the future when it will hove to be done anyway. We would be tying together sixteen lines all the way which provides substantial extra amount of water. This is riot being done for any one particular project which may or may not occur in the future or ruttier us a generul upgrading of the system since it's going 226 to have to be done anyway. It will b under who the wishe rood, to comment one way base or the other about Rood, a good shore of it. Is there anyone this topic? COUNCILMAN MONTESI-Tom, con I ask just a couple of questions. 1 was at a meeting and some questions were asked of me. I'm addressing my questions to Tom Flaherty, Water Superintendent. The highest usage of Ciba Geigy, in their prime, how much water did they use a day? TOM FLA HER TY, Water Superintendent-Four or five hundred thousand gallons a day. COUNCILMAN M ON TESI-They're down essentially to zero. One major development, specifically Hilond Pork, when built out, will compensate, will replace that usage of Ciba Geigy. That was c► question that was osked of me. if Cibu Geigy is down, why do you need to replace this twelve inch line, you don't hove that factory to supply. I said it's really been replaced by one major development that is on the books and it's partially built and there is potential for another major development on that rood. Not withstanding that, the development. that is taking place along Quaker Road, just within the last three or four years, will substuntiolly tax that line. i MR. FLAHERTY-Thot's true. A couple of things you might want to take into consideration. That is the only line that feeds the South Queensbury storage tonk. We ore already supplying water to the Town of Kingsbury, as a contract customer that's their one source through that line. The soils, we've had experience with pipes foiling due to corrosion. When Quaker Road is rebuilt, if you do not replace the line and we okay it, the existing twelve inch is going to be under one of the driving tones of the rood, and 1 can't guarantee the integrity of that main. We've hod four or five breaks there now. It just doesn't make sense to me to spend hundreds of thousands of dollars to replace Quaker Road b onRopossibly e 9►because we left the hamain under months later blow half of it like we did at the the road. COUNCILMAN MONTESI-The unusual thing too, as you point out, that water tower, that water tank in South Queensbury, by the airport, the only feed into that, there is no loop so the only feed is that twelve inch line up County Line Rood and Quaker Rood. MR. FLAHERTY-That twelve inch main on Quaker Road is the main feed to that tonk. Another consideration, it is the main supply for the Industrial Park. COUNCILMAN MONTESi-That is the Warren-Washington County Industrial Park. MR. FLAHERTY-Also the Queensbury Technical Pork. Anything below Ridge Rood. SUPERVISOR BORGOS-Thank you. Anyone else? COUNCILMAN MONTESI-We do have Kestner's Engineering representative, Bob Grimsley and Jerry Thorne, is there anything you'd like to soy. JERRY THORNE-Mr. Flaherty covered everything. PUBLIC HEARING CLOSED 8:08 P.M. RESOLUTION TO ENTER QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 222, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby move into the Queensbury Board of Health. Duly adopted this 211th day of April, 1989 by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Monahan QUEENSBURY BOARD OF HEALTH RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE 227 RESOLUTION NO. 11, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queenbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Dr. Shimon Shalit & Malka Sholit have applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the sewage disposal ordinance set forth in Section 3.030(B), such standard providing as follows: "No component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading," and WHEREAS, Dr. Shimon Shulit & Malka Sholit have indicated a desire to place a component of a leaching facility under a paved parking area, NOW, THEREFORE BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 9, 1989, at 7:30 p.m., at the Queensbury Activities Center, Bay at Havilond Rood, Town of Queensbury, Warren County, New York, to consider the application for a variance of Dr. Shimon Sholit & Alolka Sholit to place a component of a leoching facility under a paved parking area on property situated off of Route 9, Queensbury, New York, and bearing a tax mop no. of Section 36, Block 1, Lot 27.2 and 26, and at that time all persons interested in the subject hereof, will be heard, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to moil copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosako, Mrs. Monahan DISCUSSION HELD BEFORE VOTE: SUPERVISOR BORGOS-Where exactly is this located? DAVE HATIN, Director of Building & Codes--Your familiar with the Lake George Plaza is on Route 9, across from the Montcolm? That Mall is going to be expanded to include the property now owned by Tom's Motel. The Shuli is have bought that and they're going to tear down those motel units down. COUNCILMAN POTENZA-The present use is not going to be what the future use is? MR. HA TIN-Right. SUPERVISOR BORGOS-Has this already been approved by the Planning Board? MR. HATIN-No. 1 believe they were before the Planning Board lost week and they were not upproved. COUNCILMAN POTENZA-What voted it down, David? MR. HA TIN-1 don't recall. BOARD REVIEWED MAP OF PROJECT. COUNCILMAN MONTESV-Concerned with over crowding in that urea. Not comfortable with seeing this go to a public hearing. COUNCILMAN POTENZA-1 hove many concerns too with this but 1 feel they can be addressed 228 at the Public Hearing. COUNCILMAN MONTESI-Remember though that when this comes to a public hearing, we will be the Board of Health, not the Queensbury Town Board. SUPERVISOR BORGOS-In all fairness they should be allowed to come before the Board of Health for a public hearing. RESOLUTION 7-0 ADJOURN QUEENSBURY BOARD OF HEALTH AND ENTER INTO REGULAR SESSION OF THE QUEENSBUR Y TOWN BOARD RESOLUTION NO. 12, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Queensbury Board of Health hereby adjourn and enter into Regular Session of the Town Board of the Town of' Oucc:lishury. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Monahan QUEENSBURY TOWN BOARD SUPERVISOR BORGOS-Reminding everyone of the Public Hearings regarding West Mountain Villages, Inc., proposed development, being held at the Queensbury High School Auditorium tomorrow night. First Public Hearing regarding traffic only, second regarding entire PUD, to take place after Regular Town Board Meeting. Noted that there will be no open forum because of the two public hearings. RESOL UTIONS RESOLUTION APPROVING RENTAL AGREEMENT FOR VIBRATORY ROLLER FOR USE BY TOWN OF QUEENSBURY HIGHWAY DEPARTMENT RESOLUTION NO. 223, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Highway Superintendent, has determined a need for the rental of a vibratory roller for the paving of said Town's roods, and WHEREAS, Contractors Soles, Co., Inc., has offered to provide said vibratory roller in accordance with a rental agreement for the amount of $72,000.00, to be paid in six (6) monthly installments of $2,000.00, the original of said agreement being presented at this meeting, and WHEREAS, pursuant to §143 of the Town Highway Low of the State of New York it is necessary for the Town Board of the Town of Queensbury to review and approve of the amount to be paid for the rental of the said vibratory roller, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the rental of a vibratory roller, for a total amount not to exceed $12,000.00, and BE IT FURTHER RESOLVED, that the Town Highway Superintendent of the Town of Queensbury is hereby authorized to execute the proposed contract presented to this meeting, and BE IT FUR7HER RESOL VED, that this purchase shall be paid for from Town of Queensbury Highway Department Installment purchases Account No. D-1659785.600. Duly adopted this 21IIh day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos 229 Noes: None Absent: Mr. Kurosoko, Mrs. Monahan RESOLUTION OF APPRECIATION FOR DR. JAMES INGALLS RESOLUTION NO. 224, Introduced by the entire Town Board. WHEREAS, the Town Board of the Town of Queensbury has accepted with regret the resignation of Dr. James Ingalls, Chairman of the Citizens Advisory Committee on Lake George, and WHEREAS, Dr. James Ingalls, a resident of the Town of Queensbury, has served the community with distinction in this formal position and as on interested and involved citizen, and WHEREAS, Dr. Jumes Ingalls was a dedicated member of the Citizens Advisory Committee on Luke George since its inception in 19ml, NOW, THEREFORE BE lT 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 Dr. James Ingalls for the time and talent he has generously contributed toward making the Town of Queensbury a "good place to live," and BE IT FURTHER RESOLVED, that the Town of Queensbury extends its best wishes to Jim and Flora Ingalls in the years ahead and extends to them on invitation to return to this Town, which is their home, us often us possible. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Monahan RESOLUTION APPOINTING MEMBERS TO CITIZENS ADVISORY COMMITTEE FOR ENVIRONMENTAL ISSUES RESOLUTION NO. 225, Introduced Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town of Queensbury has in existence a Citizens Advisory Committee for Environmental Issues, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints the following persons for a 1-yeor terms on the Citizens Advisory Committee for Environmental Issues, said terms to expire on December 31, 1989: Terry Cronnell H. David Hodgson William Morton Garry Nelson Richard Sage, and appoints the following persons for 1-yeur terms on the Committee, said terms to expire on December 31, 1989: Jack Howe Thomas Jarrett Charles Maine. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos Noes: None. .230 Absent: Mr. Kurosoko, Mrs. Monahan RESOLUTION TO REQUEST DEPT. OF TRANSPORTATION OF NEW YORK STATE TO REPAIR RIDGE ROADIROUTE 9L RESOLUTION NO. 226, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzu. WHEREAS, complaints have been mode by residents concerning the condition of a state highway in the Town of Queensbury, known both as Ridge Road and Route 9L, such complaints concerning that portion of said road located just north of Butternut Hill drive and such complaints being that there is a substantial hole in the pavement due to an erosion of pavement apparently caused by environmental conditions, and WIILREAS, the repair and maintenance of Route 9L lies within the jurisdiction of the New York Stale 1)eparinicrnt of I ransportation, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby requests that the New York State Deportment of Transportation review the area of Route 9L complained of and repair said road us it deems appropriate, and BE IT FURTHER RESOL VED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to send a copy of this resolution to the appropriate Department of Transportation Office. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosok.a. Mrs. Monohon RESOLUTION AUTHORIZING PAYMENT TO ENVIRONMENTAL DESIGN PARTNERSHIP IN CONNECTION WITH WEST MOUNTAIN VILLAGES SEQRA REVIEW RESOLUTION NO. 227, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, by resolution no. 1 0 of 1987, the Town Board of the Town of Queensbury engaged the services of the firm of the Environmental Design Partnership for purposes of SEQRA review of the documents submitted on behalf of the West Mountain Resort, and WHEREAS, as a result of the project's complexities, a greater amount of time is required to review the documents anticipated to be submitted to the Town Board of the Town of Queensbury as lead agency for the project, and WHEREAS, Environmental Design Partnership has requested that the amount of money authorized to be paid to such firm be increased, and WHEREAS, West Mountain Resort has been notified of. the increased cost anticipated for professional review and has submitted a letter indicating agreement to pay on amount up to $20,000.00 for said review, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves of an increase in the amount to be paid to Environmental Design Partnership for its review of the [Vest Mountain Villages Planned Unit Development, such increase to be in the amount of $10,000.00 and therefore, the Town Board of the Town of Queensbury hereby authorizes payments to Environmental Design Partnership in amounts not to exceed $20,000.00 for its complete review of the [Vest Mountain Villages Project. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None 231 Absent: Mr. Kurosoku, Mrs. Monahan RESOLUTION AUTHORIZING FURTHER PAYMENTS TO ENVIRONMENTAL DESIGN PARTNERSHIP FOR REVIEW OF QUAKER RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO. 228, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, by resolution no. 108 of 1987, the Town Board of the Town of Queensbury engaged the services of Environmental Design Partnership for purposes of SEQRA review of documents submitted on behalf of Quaker Ridge Planned Unit Development, and WHEREAS, as a result of the project's complexities, a greater amount of time was required to review the documents submitted to the Town Board of the Town of Queensbury as lead agency of the project, resulting in an increase in the amount of moneys due and payable to the Lnvironnrenlot Design Partnership to a totut of $28,653.40, and WHEREAS, Earltown Corporation, the developer of the Quaker Ridge Planned Unit Development is aware of the cost increase for amounts paid the Environmental Design Partnership due to the fact that they hove already issued payment for all bills submitted by Environmental Design Partnership to dote, and such moneys are available and on hand with the Town of Queensbury for payment to Environmental Design Partnership, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves an increase in the amount to be paid to the Environmental Design Partnership such that the total amount to be paid to the Environmental Design Partnership sholl not exceed $28,653.40, and the Town Supervisor of the Town of Queensbury is hereby authorized to issue payment to Environmental Design Partnership upon receipt of a properly completed voucher. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoku, Mrs. Monahan RESOLUTION TO AUTHORIZE TOWN SUPERVISOR TO EXECUTE AMENDMENT TO PERSiIING-ASHLEY-COOLIDGE SEWER DISTRICT AGREEMENT RESOLUTION NO. 229, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the sanitary sewer system of the Pershing-Ashley-Coolidge Sewer District within the Town of Queensbury is connected to the sanitary sewer system of the City of Glens Falls for the purpose of treatment and disposal of sewage waste generated within the Pershing--Ashley-Coolidge Sewer District, and WHEREAS, the City of Glens Falls through the Board of Water and Sewer Commissioners and the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley-Coolidge Sewer District, hove herein before entered into a contractual ogreement for the service provided by the City of Glens Falls in treating and disposing of the sewage waste generated by the Pershing-Ashley-Coolidge Sewer District, and WHEREAS, after said contract agreement was signed by both the Town of Queensbury and the City of Glens Falls, it was discovered that two (2) additional residences should have been added on the Schedule A of said agreement, and WHEREAS, a proposed supplementol agreement has been negotiated between the City of Glens Falls and the Town Board of the Town of Queensbury, which proposed agreement has been presented at this meeting and will amend or supplement the previous agreement to provide that two (2) additional residences shall be provided for in Schedule A, and WHEREAS, a review of said new proposed agreement discloses that the proposed agreement is fair and equitable in all respects and that the two additional names to be added to Schedule A ore added in compliance with the original agreement dated January 1, 1987 and signed by the parties December 1 and December 13, 1988, and these are not unauthorized residences attached to the sewer futility but rather u part of the original 32 residences planned to be u port of Schedule A and referred to in the original agreement, and it is in the best interest 232 of the Pershing-Ashley-Coolidge Sewer District to enter into the proposed amended written agreement with the City of Glens Falls, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Pershing-Ashley--Coolidge Sewer District, opprove on behalf of the said sewer district the proposed supplemental agreement presented at this meeting in the present form thereof, and BE iT FURTHER RESOL VED, that the Town Supervisor of the Town of Queensbury be authorized and directed on heholf of the said sewer district to execute said supplemental agreement and that the sewer district be bound by the terms and conditions of the agreement upon the execution thereof by the l own Supervisor. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Monohan RESOLUTION SETTING PUBLIC HEARING ON THE ENACTMENT OF LOCAL LAW NO. 1989 -SEWER RENT LAW RESOLUTION NO. 230, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury is desirous of amending the Sewer Rent Local Low previously adopted by the Town Board of January 17, 1989, by resolution no. 50, 1989, and further amended and adopted by the Town Board on March 7, 1989, by resolution no. 147, 1989, by renumbering the Articles and Sections of the proposed Sewer Rent Low, adding additional properties against which Sewer Rents shall not accrue, (Article IV, Section 3), creating a new Article IV, Section 5, stating those properties against which sewer rents shall not accrue for the 1989 rent year and thereafter, as it is not feasible to provide sewer service to those properties at this time, and adding additional language regarding late bills (Article 5, Section 4), and WHEREAS, a copy of the proposed, amended Sewer Rent Low with aforementioned amendments and all original provisions has been presented at this meeting, and WHEREAS, it is necessary to hold u public hearing with regard to the proposed amendments to the Sewer Rent Low, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury on the proposed, amended Sewer Rent Law presented at this meeting on May 9, 1989, at 7:30 p.m., in the Queensbury Activities Center, Buy at Hovilond Rood, Queensbury, Warren County, New York, at which hearing parties in interest and citizens shall hove an opportunity to be heard as to whether the Sewer Rent Low , as amended, shall be adopted by the Town Board of the Town of Queensbury, to include said new provisions, with the remaining provisions of said Sewer Rent Low remaining unchanged, and the some presently set forth, and BE IT FURTHER, RESOL VED, that the Town Clerk for the Town of Queensbury is hereby authorized and directed to publish Notice of the aforesaid public hearing at least ten (10) days prior to the time of such hearing is to be held in the newspaper officially used by the Town of Queensbury for such notices, and BE IT FURTHER RESOLVED, that copies of the Sewer Pent Low as proposed to be amended, shall be mode ovoiluble and inspection of the same may be had by the members of the public and other interested parties at the Office of the Town Clerk for the Town of Queensbury, Town Office Building, Bay at Hovilond Rood, Queensbury, Warren County, New York 12804. Duly adopted this 24th day of April, 1989, by the following vote: 233 i Ayes: Airs. Potonzo, Mr. Alnnlesi, Alr. Horgos Noes: None Absent: Alt,. Kurosako, Alt's. Monahan RESOL U77ON 10 DESiGNA IF POLLING PL ACES iN ME_ TOWN OF Q UEENSB UR Y °" SOL 1177. ON N - O. 231---, Introduced by Alorilyn Potenzo who moved for its adoption, seconded IZonuld A1ontrsi, ,IFREAS, pi!rsironl to Article 4-10!1 of the New York State Flectio►7 law, the Town Board of the l nit'n of 01roenshrr►'1, ►rust submit to the Warren CM111ty 130ard of F.loctions a listing oI tho lolling plows in Iho l owl? of 011eon.sbury in each Election District in which Elections arrd Hc,gislrotiom nnrY be held, l//I'U'LI (Wl- 1?1: 11 RESOLVED, thot the following locations be and hereby ore designated us the respective polling places in the districts as enumerated: IVARU/ED• L OCA TION i 1/1 North Qsby. Rescue Bldg. 112 Bay Ridge Firehouse 113 Bay Ridge Firehouse 1/4 Warren County Center 2/1 South Qsby. Firehouse 212 Qsby. Activity Center 213 Qsby. Central Firehouse 2111 Qsby. Activity Center 2.15 Roberts Gardens Rec Room (Not Accessible) 311 Qsby. Central Firehouse 312 Qsby. Senior High 313 John Burke Apts. (Not Accessible) 314 Kensington Rd. School 4/1 IV.G.F. FirehOuse(VunDusenlLuzerne) 1112 IV.G.F. Firehouse(VanDusenlLuzerne) 4/3 IV.G.F. Firehouse(Luzerne Rd.) 4/4 IV.G.F. Firelrouse(Luzerne Rd.) !1/5 IV.G.F. Firehouse(Luzerne Rd.) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4 -104--1-a of the Election Low unless otherwise noted, and BE 17- FUR TiILR RESOLVED, that u copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 241h day of April, 1959, by the following vote: Ayes: Mrs. Potrozu, Air. Aloolesi, Air. Boryos Noes: None 16scnt: Mr. Kcrosaku, Alt's. Monahan RESOLU770N 1-0 All]IIOR17_E SEl-7I.EAiFNI Of- A CERTAIN PENDING ARTICLE 7 TAX ASSESSMEN1' REVIL=W CASE RE_S_OLU_ll_ON NO. 232, introduced by Alcrrilyrr Potenza who moved for its adoption, seconded by Ronald Alontesi. !VIII RCAS, o certain Article 7 Real Property lox Assessment Review Cose hus been commenced ayuinst the Town of Queensbury, and 234 WHEREAS, the Town Board has reviewed the 'to thelTowncBoardl for the Town of Queensbury, such counsel 9 recommended settlement NOW, THEREFORE BE IT be settled with respect to the 1987 and 1988 assessment RESOLVED, that the following case rolls us indicated and us follows: be assessed at $200,000.00 (1987 and 1988). 2-1-6.8 - Deboron Associates, Inc. - to Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosako, hIrs. Monahan RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 233, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, a series of Article 7 Real Property Tax Assessment Review cases were commenced against the Town of Queensbury by John P. Burke Apartments, Inc., for the tax years: 1983-84, 1984-85, 1985-86, 1987-88, 7988-89, and WHEREAS, the Town Board has reviewed the tax assessment review cases with the legal with counsel for the Town of Queensbury,nd having recommendedrsettlementeto the TowndBoard a proposed stipulation of settlement in accordance with the terms of said stipulation, NOW, THEREFORE BE IT RESOLVED, that the said Article 7 Real Property Tax Review Cases commenced by John P. Burke Apartments, Inc., con be settled with respect to oil of the aforementioned tax years in uccordonce with the terms of the stipulation, a copy of which is presented to this meeting, and BE IT FURTHER RESOLVED, that the Town Attorney is hereby authorized to execute the stipulation of settlement with oil other court documents necessary to settle the case. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoku, Mrs. Monahan RESOL UTION TO AMEND BUDGET RESOLUTION NO. 234, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury desires to transfer funds, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury 1989 budget to increase appropriations in account no. H371451620300 (Construction Fund for the Town Office Building), in the amount of $35,000.00, and increase appropriated fund balance account no. A 33 70599 in the amount of $35,000.00. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos 235 ' - Noes: None Absent: Mr. Kurosuku, Mrs. Monahan RESOLUTION TO AMEND BUDGET RESOLUTION NO. 235, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury desires to transfer funds, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury 1989 budyct to incrcuse uppropriutions in uccount no. /12351680210 (Computer Hardware), in the amount of $40,000.00, and increase appropriated fund balance account no. A3310599 in the amount of $40,000.00. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosuku, Mrs. Monahan RESOLUTION TO APPOINT SENIOR ACCOUNT CLERK RESOLUTION NO. 236, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury, pursuant to Section 20 of the Town Low of the State of New York, has the authority to employ such employees as are necessary to manage Town of Queensbury business, and WHEREAS, the Town Board of the Town of Queensbury is desirous of creating an additional Senior Account Clerk Position in the Accounting Deportment, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby creates an additional Senior Account Clerk Position in the Accounting Deportment of the Town of Queensbury, and BE IT FURTHER RESOLVED, that Murgoret Freebern is hereby uppointed to said position and that the bi-weekly salary of Margaret Freebern as Senior Account Clerk, shall be based upon the annual rote of $21,500.00, and BE IT FURTHER RESOLVED, that this uppointment shall be effective us of May 1st, 1989 and upon Ms. Freebern's written acknowledgment of a transfer from Bookkeeper to Senior Account Clerk, and BE IT FURTHER RESOLVED, that the salary payable for this position shall be paid from Account No. 555AO45 7220 1 70 (Senior Account Clerk), and the appropriations in that account shall be increased in the amount of $18,000.00 and that the amount be increased in the uppropriuted fund balance account no. A3370599 in the like amount of $18,000.00, and BE IT FURTHER RESOLVED, that the 1989 budget for the Town of Queensbury shall be amended accordingly. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenzu, Mr. Montesi, Mr. Borgos 236 Noes: None Absent: Mr. Kurosoko, Mrs. Monahan Town Clerk Dougher read letter from Supervisor Borgos appointing Mr. Eugene J. Christensen as Bookkeeper/Director of Accounting. (on file) RESOLUTION TO APPOINT BOOKKEEPER/DIRECTOR OF ACCOUNTING SERVICES RESOLUTION NO. 237, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. f Queensbury, pursuant to WHEREAS, the Town Supervisor of the Town oi Section 29 Director the se t► Town I_(1w, /,(is appointed Eugene .I. Christensen, (is Bookkeeper, that he owillcommence ork on of Accounting Services, and has notified the May 1st, I9119, and WHEREAS, the Town Board of the Town of Queensbury, pursuant to Town Law, is authorized to set the salary of the oforenomed Bookkeeper - Director of Accounting Services, NOW, THEREFORE BE IT RESOLVED, that the bi-weekly salary it e ugeual rate of►$25,000 OOf Bookkeeper - Director of Accounting Services, shall be based on BE IT FURTHER the Town of RESOLVED, that the Town Boord of the °appropriations n f b'nY account ono. 555AO45122014 Queensbury 1989 Budget to increase the rioted fund balance account (Bookkeeper) in the amount of $3,500.00, and increase opprop no. A3310599 in the amount of $3,500.00. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoko, Mrs. Monahan RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 238, Introduced by Ronald Montesi who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby enter Executive Session to discuss pending litigation, Boychuck Low Suit, and a potential law suit. Duly adopted this 24th day of April, 1989, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent: Mr. Kurosoka, Mrs. Monahan On motion, the meeting was adjourned. RESPECTFULL Y SUBMITTED, DARLEEN A4. DOUGHER TOWN CLERK TOWN OF O_UEENSB UR Y