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1989-05-25 SP SPECIAL TOWN BOARD MEETING MAY 25, 1989 5:00 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Betty Monahan Town Attorney-Paul Dusek MEMBERS ABSENT _ Councilman Ronald Montesi Councilman George Kurosaka Supervisor Borgos-Called the meeting to order, noting that tonights meeting consists of several resolutions that were not in the proper form to be voted upon at the previous meeting . RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF ROAD DEDICATION RESOLUTION_NO. 29_9, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Town Board of the Town of Queensbury is considering the acceptance of an unnamed road offered for dedication from the Queensbury Economic Development Corporation, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments , NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury adopts the annexed notice of determination of non-significance and directs that copies of this resolution and notice of determination be filed as required by law. • Ayes : Mrs . Potenza, Mrs . Monahan, Mr . Borgos Noes : None Absent: Mr . Kurosaka, Mr . Montesi RESOLUTION ACCEPTING DEDICATION FROM QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION OF UNNAMED ROAD IN QUEENSBURY TECHNICAL PARK, DIX AVENUE RESO_L_U_T_IO_N_ NO. 300, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Queensbury Economic Development Corporation has offered a deed to dedicated to the Town of Queensbury an unnamed road in the Queensbury Technical Park, Dix Avenue, which is more particularly described. in the survey map presented at this meeting and the original deed being presented to this meeting, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury has advised that he has reviewed inspection reports concerning the construction of and specifications of the said road proposed to be dedicated to the Town of Queensbury and he has raised no objection to the acceptance of the same , and WHEREAS , Thomas K . Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made an inspection of water mains and appurtenances along said road proposed for dedication and finds that the installation if 3�9 in accordance with the requirements of the Town of Queensbury Water Department, and that said installation is approved, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the aforementioned deed for dedication of the said road be and the same is hereby accepted and approved and that the Town Clerk is hereby authorized and directed to cadge said deed to be recorded In the Warren County Clerk' s Office after which said deed shall be properly filed and maintained in the Office of the Town Clerk of the Town of Queensbury, ,and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to sign the deed, and BE IT FURTHER RESOLVED, that the road be hereby added to the official inventory of Town Highways, to be described as follows : ROAD NO. 463 DESCRIPTION: A road proceeding southerly beginning at a point in the southerly bounds of Dix Avenue NAME: Progress Boulevard FEET: 1896 ' Duly adopted this 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent:Mr . Kurosaka, Mr. Montesi (Agreed upon by Mrs . Monahan and Mrs . Potenza to amend the resolution to state that the Supervisor was to sign the said deed) RESOLUTION AMENDING RESOLUTION TO SET PUBLIC HEARING ON PETITION TO CHANGE OF ZONE - RAYMOND & NEWELL RESOLUTION NO. 301 , Introduced by Mrs . Marilyn Potneza who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS , on May 23 , 1989 the Town Board of the Town of Queensbury passed a .resolution to set public hearing on proposed amendment to the Town of Queensbury Zoning Ordinance, regarding a petition for change of zone submitted by Garfield P. Raymond and Ronald L . Newell , and WHEREAS, on the said application, parcel No . 61-1-17 was listed as being presently located in the UR-1A zone, and WHEREAS, after said resolution was passed, it was discovered that parcel no . 61-1-17 is presently in the SFR-1A zone rather than the UR-1A zone , NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends previous resolution to set public hearing on proposed amendment to Zoning Ordinance, regarding petition �3 D for change of zone , to read such that parcel no . 61-1-17, owned by Garfield P . Raymond & Ronald L. Newell , is presently in the SFR-lA zone rather than the UR-1A zone . Duly adopted the 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent: Mr. Kurosaka, Mr. Montesi RESOLUTION TO APPROVE 11OOK-UP TO QUEENSBURY CENTRAL QUAKER ROAD SEWER DISTRICT - GLENS FAILS BALLET CENTER RESOLUTION . NO. 302, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Glens Falls Ballet Center is situated on Bay Road in the Town of Queensbury on a lot identified on the Warren County Tax map as Section 61 , Block 1 , Parcel 41 . 1 whose southern property line is colinear with the northern boundary of the Queensbi..try Central Quaker Road Sewer District thus placing the parcel outside the sewer district, and WT-TEREAS , the existing Queensbury sewer in Bay Road terminates on its northerly end at a manhole identified on plans of the sewer system prepared by Kestner Engineers, P.C . , as MH #4-30, said manhole having been sited and constructed within the bounds of the Glens Falls Ballet Center lot at the southeast corner thereof, and WHEREAS , the Town of Queensbury and its engineering consultants are currently studing a proposal to extend the sewer• district in the Bay Road corridor, that will , if approved, incorporate the parcel occupied by the Glens Falls Ballet Center, and WHEREAS , Mr. Charles Scudder, engineer for the Glens Falls Ballet Center, advises that the soils and high ground water conditions in the vicinity of the Glens Falls Ballet Center require extraordinary site preparation for on-site disposal of effluents , and WHEREAS , Mr. Charles Scudder, engineer for the Glens Falls Ballet Center, advises that the discharge for the Glens Falls Ballet Center will be constituted exclusively of domestic sanitary wastewaters with an estimated flow rate of 310 gallons/day, and WHEREAS, the Owner of the Glens Falls Ballet Center property, Dr. Gary D. Poster, has petitioned the Town Board to permit a sewer lateral connection under a contractual agreement by and between the Glens Falls Ballet Center and the Town of Queensbury to take effect from the date of issuance of the Certificate of Occupancy for the Glens Falls Ballet. Center and to termanate and become null and void if and when the Bay Road Sewer Extension becomes operational , or sooner by the terms of a contract to be entered into between the Town of Queensbury an the Glens Falls Ballet r'ent:er, and WHEREAS , it would be to the benefit of the community as a whole to remove effluents from the Glens Falls Ballet Center site and -to divert all wastewaters to the Queensbury Central Quaker Road Sewer District, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby grants to Dr . Gary D. Poster' , permission to connect the sanitary sewer lateral for the Glens Falls Ballet Center to the existing Queensbury Central Quaker Road Sewer District in Bay Road, subject to the following: 1 ) that Dr. Poster execute a contract to be drafted by the Town Attorney and approve by the Town Board; 2) that all costs of construction including engineering costs for all necessary pipes and connectors to connect the Glens Falls Ballet Center to the sewer line, shall be paid for by Dr. Gary D. Poster; 3) that all pipes , connectors , and construction meet the approval of the Town of Queensbury Waste Water Department; 4) that there be approval of the same by the City of Glens Falls, or appropriate agency thereof, with which the Town of Queensbury has a sewage disposal agreement for the Queensbury Central Quaker Road Sewer District; and 5 ) that Capital Contribution Charges , if any, will be paid in advance . Duly adopted this 25th day of May, 1989, by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr. Kurosaka, Mr . Montesi Discussion held before vote in regard to the location of the piping. . . Supervisor Borgos-requested that the Board agree in the interest of time to dispense with the reading of the next resolutions and introduce such by title . . . (Agreed to by the entire Town Board) Town Attorney Paul Dusek-Noted that the resolutions dealing with the So . Queensbury Park, Hovey Pond Park and West End Park all the amounts are consistent with what you passed in the first set of resoluitons authorizing transfer of funds . . .the other resolutions reduce the amount of funds in Ridge Road and original amounts 72 , 700 to 32, 700 and Gurney Lane from 158 , O00 to 95 , 242 . the reason being the Capital Pec . Reserve Account once we withdrew the subdivision monies out basically there is not enough money to fund the two projects . . . this will drain the account with the exception of the money left over for lights at the Queensbury School . . . RESOLUTION ESTABLISHING CAPITAL FUND BUDGET RESOLUTION NO. '303, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury by Resolution NO. 214 previously authorized a recreation - project for South Queensbury Park in the amount of $36, 000 . 00 and authorized the establishment of a Capital Project Fund for said project and the withdrawal and expenditure from a Capital Reserve Fund known as a New Recreation Facility Capital Construction Account to fund the said Capital Project Fund, and WHEREAS, the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York and WHEREAS, the Town Clerk of the Town of Queensbury has advised that she has posted and published notice of the aforesaid Resolution, and that the same was adopted subject to a permissive referendum, and that 30 days has elapsed since the adoption of said Resolution and a Petition has not bee filed protesting against the said Resolution in accordance with Article 7 of the Town Law of the State of R p / e New York, and WHEREAS , the Town Board is desirous of establishing a Budget for the newly created Capital Projects Fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount of $36, 000 . 00 and the Town Board establishes an estimated revenue for said Project Fund, to come from the Capital Reserve Fund, known as the New Recreation Facility Capital Construction Account, in the amount of $36, 000 . 00, and BE 11' FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project' Fund by establishing the following accounts and appropriating funds to the same in the amounts indicated: 1 . basket ball court construction (B.C . &D) 26, 000.00 2 . park entry sign/planter (D&E) 1 , 200.00 3 . park landscaping (D. &E. ) 8, 800 .00 Total 36, 000.00 Types of Services Projected for each Project Item A. -Architectural Design Services B . -Engineering Design Services C . -Construction Services (Bid Required) D. -Construction Services ( In-House) E. -Other Professional (Consulting)Services, and Be it further RESOLVED, that the Town Supervisor of the Town of Queensbury as Chief Fiscal Officer, is hereby authorized and directed to establish fund numbers and account numbers and tranfer funds to acomplish the purposes of this Resolution. Duly adopted this 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr. Kurosaka, Mr. Montesi RESOLUTION ESTABLISHING CAPITAL FUND BUDGET RESOLUTION_ NO. 304_, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS , the Town Board of the Town of Queensbury, by Resolution No . 246 previously authorized a recreation '- project for the Hovey Pond Park in the amount of $25, 000 .00 and authorized the establishment of a Capital Project Fund for said project and the withdrawal and expenditure from a Capital Reseve Fund known as New Recreation Facility Capital Construction Account to fund the said Capital Project,and WHEREAS , the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Clerk of the Town of Queensbury has advised that she has posted and published notice of the aforesaid Resolution, and that the same was adopted subject to a permissive referendum, and that 30 days has elapsed since the adoption of said Resolution and a Petition has not r . .w X3.3 been filed protesting against the said Resolution in G accordance with Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Board is desirous of establishing a Budget for the newly created Capital Projects Fund, NOW, THEREFORE BE IT " RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount of $25 , 000 .00 and the Town Board establishes an estimated revenue for said Project Fund, to come from the Capital Reserve Fund, known as the New Recreation Facility Capital Construction Account, in the amount of $25 , 000 . 00, and BE I'r F13RTIIER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project Fund by establishing the following accounts and appropriating funds to the same in the amounts indicated: 1 . park developments (A, B, C, D, &E) 25, 000 .00 Total 25, 000 . 00 Types of Services Projected for each project item. A. -Architectural Design Servies B. -Engineering Design Services C . -Construction Services (Bid Required) D. -Construction Services (In-House) E. -Other Professional (Consulting)Services, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury, as Chief Fiscal Officer, is hereby authorized and directed to establish fund numbers and account numbers and transfer funds to accomplish the purposes of this Resolution. Duly adopted this 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr . Borgos Noes : None Absent: Mr. Kurosaka, Mr. Montesi RESOLUTION ESTABLISHING CAPTIAL FUND BUDGET RESOLUTION NO. 305, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mrs . Betty Monahan: WHEREAS , the Town Board of the Town of Queensbury, by Resolution NO. 218 previously auithorized a recreation project for the West End Park in the amount of $7, 000.00 and authorized and establishment of a Capital Project Fund for said project and the withdrawal and expenditure from a Capital Reserve Fund known as a New Recreation Facility Capital Construction Account to fund the said Capital Project Fund, and WHEREAS , the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York, and WHEREAS, the Town Clerk of the Town of Queensbury has advised that she has posted and published notice of the aforesaid Resolution, and that the same was adopted subject �3 to a permissive referendum, and that 30 days has elapsed since the adoption of said Resolution and a Petition has not been filed protesting against the said Resolution in accordance with Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Board is desirous of establishing a Budget for the newly created Capital Projects Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount of $7 , 000 . 00 and the Town Board _ establishes an estimated revenue for said Project Fund, to come from the Capital Reserve Fund, known as the New Recreation_ Facility Capital Construction Account, in the amount of $7, 000 .00, and BE 11' FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project Fund by establishing the following accounts and appropriating funds to the same in the amounts indicated: 1 . park landscaping/reseedirig/fertilizing (D&E) 2, 000.00 2 . new water fountain/piping (D&E) 5, 000.00 Total 7, 000.00 Types of Services Projected for each project item. A. -Architectural Design Services B. -Engineering Design Services D. -Construction Services (Bid Required) E. -Construction Services ( In-House) F . -Other Professional (Consulting) Services, and BE IT FURTHER RESOLVED, that the 'Town Supervisor of the Town of Queensbury, as Chief Fiscal Officer, is hereby authorized and directed to establish fund numbers and account numbers and transfer funds to accomplish the purposes of this Resolution. Duly adopted this 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent: Mr. Kurosaka, Mr . Montesi RESOLUTION ESTABLISHING CAPITAL FUND BUDGET RESOLUTION NO. 306, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury, by Resolution No . 210 previously authorized a recreation project for the Gurney Lane Recreation Area in the amount of $7.58 , 000 . 00 and authorized the establishment of a Capital Project Fund for said project and the withdrawal and expenditure from a Capital Reserve Fund known as a New Recreation Facility , Capital Construction Account to fund the said Capital Project. Fund, and WHEREAS, the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Clerk of the Town of Queensbury has advised that she has posted and published notice of the aforesaid Resolution, and that the same was adopted subject to a permissive referendum, and that 30 days has elapsed since the adoption of said Resolution and a Petition has not been filed protesting against the said Resolution in accordance with Article 7 of the Town Law of the State of New York, and WHEREAS, the Town Board is desirous of amending the said previous resolution #210 of 1989 to authorize at this time, _- the recreation project for the Gurney Lane Recreation Area, in the amount of $95, 242 . 51 instead of the amount of $158, 000 .00, and a withdrawal , expenditure, and transfer from the Capital Reserve Fund known as the new Recreational Facility Capital Construction Account for said project, of $95, 242 . 51 instead of the amount of $158, 000.00 which was orginally authorized and WHEREAS, the Town Board is desirous of establishing a Budget for the newly created Capital Projects Fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury amends resolution #k210 of 1989 to authorize the recreation project for the Gurney Lane Recreation Area, in the total amount of $96, 242 . 51 , instead of the amount of $158, 000 .00 and a withdrawal , expenditure , and transfer from the Capital Reserve Fund known as the new Recreational Facility Capital Construction Account for the said project of $95, 242 . 51 instead of the previously authorized amount of $158, 000 . 00, and BE IT FURTHER -- RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount $95 , 242 . 51 and the Town Board establishes an estimated revenue for said Project Fund, to come from the Capital Reserve Fund, known as the New Recreation Facility Capital Construction Account, in the amount of $95 , 242 . 51 , and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project fund by establishing the following accounts and appropriating funds to the same in the amounts indicated: 1 . new roadway/parking lot/new entryway blar_ktopping (D) 80, 000.00 2 . amphitheatre construction (B,C&D) 2, 242 . 51 3 . park landscaping (D&E) 10, 000.00 4 . new water hydrant/pool fill line(D) 3, 000. 00 TOTAL 95, 242 . 51 Types of Services Projected for each project item. A . -Architectural Design Services B. -Engineering Design Services C . -Construction Services (Bid Required) D. -Construction Services ( In-House) E. -Other Professional (Consulting)Services , and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury, as Chief Fiscal Officer, is hereby authorized and directed to establish fund numbers and account numbers and transfer funds to accomplish the purposes of this Resolution. Duly adopted this 25th day of May, 1989 by the following vote : Ayes : Mrs . Potenza, Mrs . Monahan, Mr. Borgos Noes : None Absent: Mr. Kurosaka, Mr . Montesi RESOLUTION ESTABLISHING CAPTIAL FUND BUDGET RESOLUTION NO. 307 , Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: WIIERF_AS , the Town Boai d Of the Town of Queensbury, by Resolution No . 216 previously authorized a recreation project for the Ridge Road Park in the amount of $72, 700.00 and authorized the establishment of a Capital Project Fund for said project and the withdrawal and expenditure from a Capital Reserve Fund known as a New Recreation Facility Capital Construction Account to fund the said Capital Project Fund, and WHEREAS, the Resolution was made subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Clerk of the Town of Queensbury has advised that she has posted and published notice of the aforesaid Resolution, and that the same was adopted subjhect to a permissive referendum, and that 30 days has elapsed since the adoption of said Resolution and a Petition has not been filed protesting against the said Resolution in accordance with Article 7 of the Town Law of the State of New York, and WHEREAS , the Town Board is desirous of amending the said previous resolution #216 of 1989, to authoirze, at this time , the recreation project for the Ridge Road Park in the amount of $32, 700. 00, instead of the amount of $72 , 700 . 00 and a withdrawal , expenditure, and transfer from the Capital Reserve Fund known as the new Recreation Facility Capital Construction Account for said project, of $32 , 700 .00, instead of the amount $72, 700 . 00 which was originally authorized and WHEREAS , the Town Board is desirous of establishing a Budget for the newly created Capital Projects Fund, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury amends resolution #216 of 1989 to authorize the recreation project for the Ridge Road Park in the total amount of $32 , 700 . 00, instead of the amount of $72, 700. 00 and a withdrawal , expenditure , and transfer from the Capital Reserve Fund known as the new Recreational Facility Capital Construction Account for the said project of $32, 700 .00 instead of the previously authorized amount of $72, 700 .00, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations in the said Capital Project Fund in the amount of 532 , 700 . 00 and the Town Board rd establishes an estimated revenue for said Project Fund, to come from the Capital Reserve Fund, known as the New Recreation Facility Capital Construction Account, in the amouDt of $32, 700 . 00,'and BE IT F'URT'HER RESOLVED, that the Town Board of the Town of Quensbury hereby authorizes and directs the funds appropriated from the aforesaid Capital Reserve Fund be used to establish appropriations in the said Capital Project Fund by establishing the following accounts and appropriating funds to the same in the amounts indicated: 1 . ball field fencing (B, C &D) 15 , 000 .00 2 . barn roof repair (B, C&D) 12, 000.00 3 . park landscaping (D&E) 4, 500 .00 4 . park entry sign/planter (D) 1 , 200 .00 Total 32 , 700 .00 Types of Services Projected for each project item. A . --Architectural Design Services B . -Engineering Design Services C . -Construction Services (Bid Required) D. -Construction Services ( In-House) E. -Other Professional (Consulting) Services, and BE IT FURTHER I RESOLVED, that the Town Supervisor of the Town of Queensbur.y, as Chief Fiscal Officer, is hereby authorized and directed to establish fund numbers and account numbers and transfer funds to accomplish the purposes of this Resolution. Duly adopted this 25th day of May, 1989 by the following vote . Ayes : Mrs . Potenza, Mrs . Monahan, Mr . Borgos Noes : None Absent: Mr. Kurosaka, Mr . Montesi Councilman Monahan-Noted a dust problem at the Ridge Road Park driveway. . . Mr. Harold Hansen-Noted that he would look into the problem. . . Supervisor Borgos-Announced that the State Police Building is now out to bid. . . bids to be opened on June 12, 1989 at 2 :05 P.M. On motion the meeting was adjourned. RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk-Town of Queensbury