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1989-06-22 1 TOWN BOARD MEETING JUNE 22, 1989 6:40 p.m. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan LiTOWN ATTORNEY PAUL DUSEK MEMBERS ABSENT Councilman George Kurosaka PLEGDE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN SUPERVISOR ,JBORGOS-Apologized to the lateness of the meeting, " noting that there had just been a fire on Sunset Drive and a house was lost . . . OPEN FORUM SITJPERVISOR BORGOS-Noted that t.here has been a problem in trze area with blackfl ys, caterpillars and mosquitos, - •iae are Investigating this and lookingteinto every legal way to help with the situation. . . individuals may spray their own �'C7T:tNCILMAN MONAHAN-Noted that in some areas sex bait traps arf- being used. SUPERVISOR BORGOS-Recognized Mr. Greg Moran of the Glens Falls Post Star. . .Mr. Moran is leaving the area to live in r'alifornia.'. .we all wish you well . . .,- MR. EDWARD WINCHIP-Glen Lake Road-Spoke to the Board about the caterpillar problem in his area . . . noted that he had put paper around the trees but this is an extreme problem. . .asked what the Board is going to do? SUPERVISOR BORGOS-This is a serious problem, we do have some concerns, we have to have permits and licenses, we are doing our best, olzr Attorney is working on this . . .we will try to do whatever we can do . EDWARD WINCHIP-They are going in our house . . .you cannot walk outside without s+-. milping on those things . SUPERVISOR RORGOS--Noted that on the Northway near *Lake rnorae the road was just covered . (70T1NCTLMAN MONA3I1\N-SizggAst:.ed that Warren County be ontacted, you have to spray a larger area. . . �'t)^F.FV1SOR � PO.P,'OS I 1. 11 ta-y i_n the morning to contact the ""I,pervisors in Warren County regarding County spraying . 1l1?. EDWARD WTr7r111l'-=Wn c1. .r�. ra.l 1 t o see how much it would cost to spray, $500 . 00 for 100x1501 area. �31TPFPVISOR BORGOS-Ask-d for• futher input, hearing none the Open Forum was closed . RESOLUT.t ONS 05 : 55 P .M. RESOLUTION TO APPROVE M i N ur!,S RESOLUTION NO. 343, by Mrs . Marilyn Potenza who moved for its adoption , seconded by Mr. Ronald Montesi : RESOLVED, that the Town Board minutes of May 23 , 1989 be and hereby are approved. . i I 4 huly adopted this 22nd. day of J,ine, 1989 by the following vote : Ayes : Mrs . Potenza, Mr, Montesi , Mrs . Monahan, Mr. Bongos s Noes : None Absent": 'Mr . KUr'osaka Supervisor Borgos-At the request of Councilman Monahan, we will move to the second resolution on the agenda . RrfIOLUTION SETTING PUBLIC HEARING DESIGNATING GLEN LAKE AND AT)..JOINJ-NG LANDS AS CRITICAL ENVIRONMENTAL AREAS PRUSUANT TO SECTION 617. 4(H) OF THE RULES AND REGULATIONS OF THE DEPT. OF ENVIRONMENTAL CONSERVATION 'PESOLUTION _NO. 344, 1969 Introduced by Mrs . Betty Monahan Taho moved for its adoption, seconded by Mr. Ronald Montesi : , WIIEREAS , the Town Board is authorized to designate specific geographic areas within tl,.e Town of Queensbury as critical Pnvironmental areas pursuant to the rules and regulations of the Department of Environmerrtel Conservation adopted in arfqrdance q,ritlz the ar.2thori7af.ion and directives of the t;a+p Environmental Qr.' a l , ty rza;rietla Act , and WIIFR.E;AS , all of that area of land designated as GF-15 and GF-18 and all lands lying outside those designations and adlacent. thereto within 250 ' feet as more specifically Identified on the New York State Frashwater Wetlands Map for Warren County, created by the New York State Department of Environmental Conservation, pursuant to. Article 24 of the I' Environmental Conservation Law, and numbered map 28 of 31 , appears to be of exceptional and unique character and critically, environmentally sensitive , and WITEREAS , the Town Board is considering the designation of +.he said area as critically, environmentally sensitive as V�hP aforesaid area may meet criteria contained in Section 61'7,. 4 (h) (Environmental Conservation Regulations of the New York State Official C"ornpi. lati.on of Codes and Rules and PPq"1ations) as having excert.iona1 or unique character C. " "Ori.r)nr onP or more of +:be fn i l r-.,wi.ng, A benefit to human health ; I1 ) A rT.atT.TZ:a.I sAi:ti.T)g rf� , cl f. .sh and, wildlife habitat, forest and vPOPtation , open space and areas of important ae5theP i.r or scenic qua.l ity) ; Soci-1 , cItItux-al archaeological , rerr. wationa.l , or education-31 valTjes ; T?) An inherent- ecological , geological , or hydrological sensitivity to change u.Thich may be adversely effected by any change ; W!!FR.EAS , pursuant to said rules and regulations of the -T�rpartrnernt: of > nvi rc+nmPr1t.al' C'nn�,Gr va.( ion, prior to dP9igna.ting any area within. the Town a critical f T�s•ir.c�r�.mer?tal area a T rit. - Pri pl,blic notice must be issued arid a. public hearing held. , NOW , THFRFFO:?P.E BE IT PESOLVED, that the Town Board of the Town of of Queensbury 1"+-.11 meet, and hold a- pl_tb1ic hearing at the Queensbury Ai-,t:ivities Cent.Pr, Bay at liaviland Road, Warren County, New '-,t:h, ,)n the 11th day of -Tuly, 189 at 7 : 30 P.M. for the l'Ttz�� ,cb of conducting a public hearing on the proposal to ;i� ;<. na4v (71�1� i,8.1 P T r3 1. 1. l�T"lrt i ind.i.cated hereinabove as 3 critical environmental areas , and to hear all persons interested in the subject thereof, in person or by way of agent and to entertain any comments concerning the same, and PF IT FURTHER P.ESOLVED, that the Town Clerk of the Town of Queenbury is hereby authorized and directed to publish notice on two occasions a copy of this resolution in the official newspaper of the Town of Queensbury and to post a copy of this resolution on the sign board of the Town of Queensbury. Par-) VOTE' TAFVN i DISCUSSION HELD ' LEE YORK-Using a map of the area , described to the Board the area which is to be designated as a critical area. . .Attorney D.l.zsek requested that the wording of Glen Lake be removed and just t.h.e wording of all that area be left in the second Whereas — Supervisor Borgos-requested a more specific vrnrcling as to the location of the critical area . . .Lee York-noted that DEC has mapped this out, denoting a X001 contour elevation , suggestlod that DEC be contacted a.qain to verify the information . . .Councilman Montesi-we need a point of reference . . . Supervisor Borgos-suggested that Leon Stever draw the lines on a tax map to have available to the publi.c . . .Councilma.n Monahan-asked that Mrs . York have maps at the Docksiders at Glen Labe regarding this proposal . . . Town Attorney Dusek, basically you want to stay with the !=,F15 and GF18 areas go 250 , and have the distance cut by - Route 9 and Glen Lake Road . . . I will have to re-write that before the Board takes action. RESOLUTION TO TABLE RESOLUTION NO. 344 OF 1989 RESOLUTION NO. _ 34,5, 3.989, Introduced by Mr. Ronald Montesi who moved for its a.doDt'i.on, seconded by Mrs . Marilyn Potenza: PFSOLVED, that the T(:•yn Board of the Town of Queensbury hereby tables Resolv.tinxl No . 344 of entitled RESOLUTION SETTING PITB.LIC HEARING, DESIGNATING GLEN LAKE AND ADJOINING I,7\NP ' AS CRIT,`ICAL FPTVJ (.)Nt1FNT.AL, AREAS PURSUANT TO SECTION 617 .4 (H) OF THE RULES AND REGULATIONS OF THE DEPT. OF FNVTRONIIFNTAL� CONSFRVAT.10N, for further study of proper rse�-r-rtpt �.nn of clPsianated area . Dy_ily adapted this 22nd clay of .June 1989 by the following VntP Ayes : Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr. Borgos Roes . Norm 70.1sent : Mr . Kurosaka } RESOLUTTON TO SET PUT1I.Ir IIF7\RTNG ON PROPOSED AMENDMENT TO OPDTNIINCF NO. 34 RF'"Qt,tTTIUN NO. 34fi, 1989 Irltrodt_lCed by Mrs . Betty Monahan ,r, rpcl. fox i± s ad�)pt�inn, seconded by Mrs . Marilyn Potenza: W"FPEAS , th�a Town Doard (,f the Town of Queensbury desires to aY�terlrl -,upplemen.t, change , ar,(j /nr modify the Town of Queensbury Ordinance No . 34 which was adopted on July 27, 1972 , ta.nd WHEREAS , the Town Board of the Town of Queensbury may, from time t.n time , pur_ qr a.n.t '-o Sect;ion 130 of the Town Law of the State of New York, am.enrl , supplement, change, or modify or a.Apea.l Ordinance No . 34 , by Ordinance , and WHEREAS , in order to so amend, supplement, change, modify, or repeal the Ordinance, it is necessary to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE BE IT RESOLVED, that pursuant to Section 130 of the Town Law of the State of New York, the Town Board of the Town of Queensbury shall hold a public hearing on and in reference to a propsoed amendment, supplement, change, and/or modification to the Town of Queensbury Ordinance No . 34 to delete the provisions Get forth in Section NO. 2 providing for imprisonment fot, violaFlnn of the five mile an hour speed limit in the areas of Sandy Bay, Warner Bap, Assembly Point and Harris Bay, such that the Ordinance is amended as indicated " on the proposed Amended Ordinance presented at this meeting, and BE IT FURTHER PFSOLVED, that the said public hearing be held on the 11th day of JI-Ily, 1989 at 7 : 30 P .M . at the Queensbury Activities Center, Day at Haviland Roarls , in the Town of Queensbury, Warren County, New York, and at which time all parties in interest and citizens shall have an opportunity to be heard in person or by agent with respect to the proposed Amendment to the Ordinance , and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing' by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk' s Office said notice . Duly adopted this 22nd day of June, 1989 by the following VOt.e : Ayes : Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr. Kurosaka RESOLUTION TO TRANSFER FUNDS RESOLUTION_ NO_. 34_7_, 1_9_89, Introduced by Mrs . Marilyn Potenza crl�o monad for its adoption, seconded by Mr. Ronald Montesi : WHEREAS , the Assessor ' s Office wishes to transfer funds due to unforeseen conference expenses , NOW, THEREFORE BE IT RESOLVED, to transfer $500 . 00 from the Miscellaneous - - Contractual Fund, Account No . A0951355 .440 to the Dues and Registrations Funds , Account No . A0951355 . 404, and to transfer $400 . 00 from the Miscellaneous Contractual Fund, Account No . A0951355 . 440, to the Conference Expense Fund, Account No . A0951355 . 409, to saver the cost of the unforeseen conference expenses . NO VOTE TAKEN DISCUSSION Requested mere information as the to type of course and the expenses involved. . . RESOLUTION TO TABLE RESOLUTION NO. 347 OF 1989 RESOLUTION NO. 348, 1989, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: RESOLVED, that Resolution NO. 347 of 1989 entitled RESOLUTION TO TRANSFER FUNDS be and hereby is tabled to allow for further investigation. D,,ly adopted. this 22nd . day of June, 1989 by the following vote : `— Ayes : Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes , None Absent : Mr. Kurosaka — tESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 349_, 1989, Introduced by Mrs . Marilyn Potenza viiln moved .for its adoption, seconded by Mr. Ronald Montesi : WHEREAS , the Queensbury Water Department wishes to transfer funds because of the need to hire a temporary data entry clerk , and WHEREAS , sufficient funds do not exist in the Administrative Miscellaneous Contractu.al Fund , Account No . W1275810440, for the hiring of a temporary data entry clerk, NOW , THEREFORE, BE IT RESOLVED, to transfer $2 , 900 .00 from the Building _ I Maintenance Fund, Account NO. W12758320153, to the Administrative Miscellaneous Contractual Fund, Account No . W1278310440 to cover the cost of hiring a temporary data entry clerk. Duly adopted this 22nd day of June , 1989 by the following vote : Ayes : Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr . Kurosaka RESOLUTION TO AUTHORIZE PURCHASE OF POSTAGE FOR WASTEWATER DEPT. RESOLUTION NO. 350, 1989, Introduced by Mrs . Marilyn Potenza w.ho molted for its adoption, seconded by Mr. Ronald Montesi : WFIF'REAS , it is deemed advisable to purchase stamps for the 11ge of the Wastewater Department for small mailings rather than using the postage machine at the Town Office Building, NOW, THEREFORE BE IT RESOLVED, that the Wastewater Department shall be allowed to purchase 200 stamps , the si_tpply to be replenished as needed, and the funds for said stamps shall be paid for from Account No . : 543856130 .440 and the 1989 budget shall be amended accordingly . r)uly adopted this 22nd day of June , 1989 by the following vote : Ayes : Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr . Kurosaka ^. RF..SOLUTION TO AMEND RESOLUTION TO CONDUCT RUN AT HILAND PARK RESOLUTION NO. 351 , _1989, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi : WHEREAS, by resolution No . 329 on June 13, 1989 the Town Board of the Town of Queensbury resolved to permit a Scholarship Run in the Town of Queensbury from the Adirondack Community College and Hiland Park, to be held on June 24, 1989 , and WHEREAS, the description of the Scholarship Run Route was inco.r.rPct in said resolution , N"W , •rr EPEFO.PE, DE IT , RESOLVED, that the Town Board of the Town of Queensbury . hereby amends resolution no . 329 of 1989 to read such that the description of the Scholarship Run Route to be held on i June 24, 1989 shall read as follows : i PLACE: Adirondack Community College-utilizing the property j of Adirondack Community College, going around the Child Care Center, right on to Bay Road, right on to Haviland Road, right onto Master ' s Common South, crossing Haviland Road to Master' s Common North, right on to Haviland Road, left on to Bay Road, left on to Adirondack Community College property by the Child Care Center, finishing the course on Adirondack Community College property. Duly adopted the 22nd. day of June, 1989, by the following vote . Ayes : Mrs . Potenza,. Mr . Montesi , Mrs . Monahan, Mr. Argos Noes : None Absent : Mr. Kurosaka RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR THE REMOVAL AND DISPOSAL OF SCRAP METAL FROM TOWN OF QUEENSBURY-CITY OF GLENS FALLS LANDFILL RESOLUTION NO. 352, 1989, Introduced by Mrs . Betty Monahan who moved for its adnpiion , seconded by Mrs . Marilyn Potenza: WHEREAS , the Town " Board of the Town of Queensbury is desirous of contracting for doing all work necessary and furnishing any equipment necessary for the removal and disposal of scrap metal from the Town of Queensbury-City of Glens Falls Landfill on Ridge Road, Queensbury, New York, 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, i W)W, THEREFORE BE IT RESOLVED, that an advertisement for bids for doing all work necessary and furnishi "g any equipment necessary for the removal and disposal of scrap metal from the Town of Q"Pensbur-y--City of Glens Falls Landfill , Ridge Road, Queensbury , New York, 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, July 10, 1989 at 2 :00 p.m. and that the bids will be publically 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 +he laws of the State of New York, and PE IT FURTHER RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury, is hereby authorized to open all bids received at the Offire of the Town Clerk of the Town of C>>iAensb»ry, at 2 ,05 p .m . , July 10, 1989, read the same a l oud , and make recox rl of ttie 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 22nd day of June, 1989, by the following vote: Ayes : Mrs . Potei,za, Mr . Montesi , Mrs . Monahan, M► . Botgos floes : None F Absent.: Mr. Kurosaka RESOLUTION TO SET PUBLIC HEARING ON PROPOGED AMENDMENT TO ZONING ORDINANCE RESOLUTION NO. _, 1989, Introduced by Mrs . Marilyn Potenza oaho moved for its adoption seconded by Mrs. Betty Monahan: WHEREAS , the Town Board of the Town of Queensbury desires to amend , supplement , change, and/or modify the Town of Queensbury Zoning Ordinance which was adopted on October 1 , l.98B , and WHEREAS, the Town Board of the Town of Queensbury may, from time to time , pursuant to Section 265 of the Town Law of the State of New York, amend, supplement , change, or modify or repeal the Zoning Ordinance , by Ordinance, and WHEREAS , in order to so amend., supplement, change, modify, or repeal the Ordinance , it is necessary to hold a public hearing prior to. adopting said proposed amendment, NOW , THEREFORE BE IT RESOLVED, that pursuant to Section 265 of the Town -Law of the State of New York, the Town Board of the Town of Queensbury shall hold a public hearing on and in reference to a propooed. amendment , si.ipplement, change, and/or modification to the Two of Queensbury Zoning Ordinance to delete Section 9 . 060, Non-Conforming Uses, reading as _follows : Section 9 . 060 - No- Nonconforming Use Arises From Prior Pental Lease , Sale or UsQ of Berths for Boats at Waterfront l Facility in Residential Zones , Notwithstanding any provision of this ordinance to the contrary, no nonconforming use may exist , arise or be continued in, on or at any waterfront property, after the effective date of this ordinance, by virtue of the prior rental , lease, sole or use of 'berths, whether by docking or mooting, for boats or any other type of watercraft not registered to the property owner, his family or a tenant ryf a dvrelling unit situate on the same zone lot , in, on or at. arty type of waterfront facility in any residential zone, except that this section shall not be applicable to any property located within a residential zone In, on or at which, prior to and as of the effective date of this Ordinance, the pr-incipal use of the property has ben the operation of a la�.zsiraess for profit thereon or thereat consisting of the rental , lease or sale of berths, boats or n. 4-hor # ape- o f wat�3 -rr.a f t TIrtri t h,- repair or storage of boats .t7 or other types of watercraft, and BE IT FURTHER RESOLVED, that the said public hearing on held on the 1989, at p.m. , at - -the Queensbury Actil•ities Center, Bay at Haviland Road, in !-he Town of Queensbury, Warren County, New York, and at which time all parties in interest and citizens shall have an opportunity to 1�e heard in person or by agent, and AE IT FURTHER RH,SnLVED, that the 'town Clerk. of the T,)wn of Queensbury is hereby authorized a?td directed to give 10 days notice of raid public hearing by publishing the notice presented at this meeting for p,?rposes of publication in an official newspaper of the Tr)wn and by posting on the Town bulletin board outside the Clerk ' s Office said notice . NO ACTION TAKEN-WITHDRAWN DISCUSSION HEI..D Si.rpervisor Dorgos-Ca,: we limit the c=randfathering to two vessels? Town A±:tor•ney-noted' that - his would have to be re-written . . . if 9 . +'10 is revised - o indicate that this 0 9es riot include tl,e docl- r;ltt,ati.on .Trite another special section to 9 which , oeG deal with the dock situation which o!�t 1. i.nes that you can have 1_1p to one re-ital per parcel , then leave everthing else in there . Councilman Potenza, I have no problem with th..s if I can be assured that the Park Agency Law will ki,:k in, when the second rental is put on the property . COUNICLMAN POTENZA, AND COUNCILMAN MONAHAN WITHDREW THE MOTION ,f RESOLUTION TO SET PUBLIC HEARING TO AMEND ORDINANCE NO.23 EXEMPTING RESIDENTS OVER 65 YEARS OF AGE RESOLUTION _NO. 353,_ 1989,_ Introduced by Mrs . Betty Monahan wtlo moved for its a(l.option, seconded by Mr. Ronald Montesi : WHEREAS , the Town '3oar.d of the Town of Queensbury has been airthori zed by the New York State Legislature to increase the income limitation for the partial exemption from Town real property taxes for persons 65 years of age and older, and WHEREAS , the Town of Queensbury , by Ordinance NO. 23, Section 2 b) , provides for a 50% exemption from Town taxes for owners 65 years of age and older, whose income does not exceed 510, 500 . 00 per year, and WHEREAS, a proposal to amend Ordinance No . 23 has been made whereby Section No . 2 , paragraph b, would be amended to 1) raise the income level below which owners can qualify for the exemption to $12 , 025 . 00 per year, and. 2) to add a new Section No . 3 to increase the maximum income eligibility level ala.thoirzed by law and the aforesaid proposed amendment to the extent provided in the following schedule : ANNUAL INCOME PERCENTAGE ASSESSED VALUATION EXEMPT FROM TAXATION More than "12 , 025 . 00 bi-tt less than $12 , 525 . 00 45 per centum ,<112 , 525 . 00 or more bttt less than $13, 025 . 00 40 per centum $13, 025 . 00 or more but less than $13 , 525 . 00 35 per centum $13 , 525 . 00 or more but loss than $14, 025 . 00 30 per centum $14, 025 . 00 or more but less than $14, 525 . 00 25 per centum 1, 14 , 525 . 00 or more but less than $15 , 025 . 00 20 per centum i NOW, THEREFORE BE IT PESOLVED, that a public hearing be held concerning the l,ropo^prl arlopHon of an amend-ment to Ordinanr,e No . 23 increasing the income limitation for those eligible for such exemption and adding new paragraph no. 3, increasing the . maximum level of income for which exemptions are allowed piirsuant to the schedule referred to herein above, and that said public hearing be held at 7 : 30 p.m. ,in the Activities Center of the Town of Queensbury, Bay at Haviland Road, Queensbury, New York, on July 11 , 1989, at which time all persons interested in the subject matter thereof will be - --heard, and _. PF IT FURTHER PESOLVED, that the Town Clerk be hereby directed and alj.t.horized to publish and. provide notice of said public hearing as may be required by law. Duly adopted this 22nd day of June, 1989 by the following vote M Ayes : Mrs . Potenza," Mr. Montesi , Mrs . Monahan, Mr. Borgos r Noes : None Absent: Mr. Kurosaka RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 354, 1989, Introduced by Mr. Ronald Montesi iaho moved f or its adoption , seconded by Mrs . Marilyn )•'ntenza . PFS01,VED, that the Town Board of the Town of Queensbury hPrP},y TTIa-'nc into exec.uti.ve session to discuss litigation with personnel and real property acquisition. Dilly adopted this 22nd day of June, 1989 by the following v04-e : Ayes : Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos Mops : None Absent : Mr . Kur. osaka r..xr,(-1.jTIVr SESSTON HELi) PESOLUTTON TO RETURN TO REGULAR SESSION PFS0 MTTON NO. 355, 1989, Tntr_ oduced. by Mr . Ronald Montesi Urhn moved for its adoption, seconded by Mrs . Marilyn Potenza: PF9(_)LVED, that the Town Board. of the Town of Queensbury here by moves back into regular session. Diiily adopted this 22nd day of June 1989 by the following vote : Ayes , Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr. Borgos to i i Noes : None Absent : Mr. Kurosaka PTjIrUSSION 04 EXTENSIONS OF WATER DIST. / CONSOLIDATIONS TC)WN AT.'TOPHEY PAUL DUSF'K-In 1987 there is a new section of the law that all' ws communities to extend a water dirt, and Consolidate it all in one move and the new district pays ghat everyone else in the old dist . is paying. . . . The percentage on the Capital Contribution I would like to make a change, I based that on the gallons , the capacity of the plant. as I knew it , it has now been upgraded by the Dept. of IT-al th to 3 . 75 rul(l a I -mt,n.r. ary flow capacity of 7 .5 the suggestion that I would 111re to make is to set the Capital Contribution rate at the average daily demand of the A-,+-ens i.on . d.i st . to the average daily demand of the entire consolidated dirt . rather than to the plant . What that will ' do is raise the capital coni-ribution. . . Councilman Montes,a.-suggested that the closest date be' used for deterrn n9_ng average flaw. Attorney Dusek-When the new plant comes in your equity value in the plant is very small so once again the developer .949. 11 will be paying a small figure based upon the system . Even if you go to 10 million the d.Arnand in the d9.st.7. ict. w11. l °"go tip to around five to eight mi. IIicn rn hi^ nt+mk,er r'r,mpa.rPd to that gets smaller. lman Monahan--The should be paying an impact fee when they came in — Supervisor Borgos-When they are asked, to pay the bily in charge they automatically become part of the ether dirtzi.rt they then begin to pay the same capital rate that everyone else hays in that district . . .Councilman Montesi-Asked how much Bedford Close would be paying under the new formula? Town Attorney Dusek-My quess would be that: it would go up a $1 , 000 or so i that the developer would pay . If this meets with the Board ' s approval then we will have to re•advertise for another public hearing . RESOLUTION ON QUEENSBURY WATER DISTRICT - BEDFORD CLOSE - _— EFCTTON NO. 6' RESOLUTION NO. 356, 1989, INTRODUCED BY MR. RONALD MONTESI WHO 1` ONIFU FOR ITS ATIO PT'TON, SECONDED BY MRS . MARILYN POTFTI7 A : WHEREAS , the Town Board of the Town of Queensbury is d.eslr. ous of establishing an extension of the Queensbury r)nso�l idated Water District , and W1IFRFAS , a map, plan an-1 rppr-r4. has been prepared regarding t-he said e„tension of the e-:fisting Qteensbury Consolidated Water District, such to serve an area to the north of Corinth Road, and to 4-he east of West Mountain Road, near 3 high density .r.es?der,tial lety^lopment known as Bedford (' } ose , such area consisting of approximately 18 . 27 acres and b9ina a further development of raid Bedford Close f?tIbdivision, and WHEREAS , raicl propnserl water Ji !7­trict extension will include ?. portion of Berlf- t {j 1-jp7ryri as Section No . 6 that is r,nt lncatef-1 in the Consolidated Water District, a r� l WIiEAS , the map, plan and report have been filed in the Town C) erk' s Office in ±lie Town and are available for public i r,sp,nct ion, and WHEREAS , the trap, plan and. r. epc)rt were prepared by Kestner TnginQers , P .C . , on- V' 4+ ne1 Lane , Troy, New York 12180, a Competent enfrineeri.ng f1 t m , licensed by the State of New Yorl,, rihowing the of the proposed extension of the Queensbury Consolidated Water District, and a general plan of the water , sys`+:em, and a. report of the proposed water cys-Eem and method 'of r7l,erat i. gin , and WHEREAS, the map shows the water mains, gate valves , and hydrants, together with the location and a general de,scr. iption of all public works existing or required, and WIiEREAS , the Town Board of the Town of Queensbury has pre-ri.orisly held a public hearing on this matter but as it is dQsired to establish the said proposed water district pursuant to Section 206 (A) of the Town Law of the State of New York, the Town Attorney has advised that it is necessary to adopt this new resolution and hold another plablic hearing, NOW , 'IHEREFOPE BE IT RESOLVED, that the Town Clerk of the' Town of Queensbury -," . notify the' Department of Environmental Conservation and Department of Health and any other involved agency which may hrve previously been notified of the necessity to complete a reveiw pursuant to the State Environmental Qvali.ty Review Act and of the desire of the Town Board to continue to act, a lead agency and to review this roject pursuant to the State Envi r;.nment.al Quality Reveiw,, ct and ascertain whether there are any objections by sal "agencies t-n the Town Board c,onff.n, ing ac lead agent, and BE IT FURTHER nPPEREP 1 . The Town Board sh all consider establishing the proposed extension to the Queerrsbury Consolidated Water District, the same being prviously described in this resolution; 2 . The boundaries of the propor-6 extension of the Queensbury Consolidated Water District are as follows : BEGINNING at a point whej�e the North East corner of the Bedford Close Water District` intersects the existing line of th, Queensbury Consolidated Water District on the North side of Corinth Road . Said point being N77 -22 '-40"W; 205 . 83 ' fr—m +:Y)e intersect:i on TTi.t h the North right--of-way line of C`crxn� h R^ad; "Thence running :742# -5n ' -20"W; 293 . 31 ' to a point; The ri+-e 17,42° --501 -20"W, 198 . 75 ' to a point; Thc-nce !743" -21 `50"W; 101 . 09 ' to a point; 'I'lrence N00' -26 ' -49"W; 770 . 38 ' to a point; Thence N04° -0R ' -30"W ; 207 . 39 ' to a point; 59 . 51 ' to a point; Thetrce NO 5' -18 ' -2n"F; 92 . 35 ' to a point; J'.J) --c1ce Tl'7 76 21 .2 W ; 89 . 051 to a point; `h?,nce 1100° -04 ' -50"W; 125 . 00 ' to a point; Thence N77" -21 ' --20"W ; 2Z . 001 to a point; Thence N12," -10"F, 97 . 561 to a point; -- Thence N35o -5a ' _-2q,.F ; 23() . 7.0' to a point; Thence N060 -34 ' -20"E; 311 . 25 ' to a point; f ( Thence S77a --()0 ' -1n"F; 387 . 59 ' to a point;. Thence S12° -59 ' -50"W ; 269 . 30 , to a point; Thence S77° -22 ' -40"F; 244 . 8? ' to a. point; Thence S120 -37 ' -20"W ; 197 .97 ' to a point; 'I'hence (?77° -2Z ' --40' r 649 . 5"' to the point of beainninq and containing 187 . 27 acres, -�� emen+:s pr-opose� are aQn-rally water Jistr-it)uti_on facilities fc,r the above-described parcel , said improvements to include water mains , date valves and hydrants and said improvements are more fully set forth in the map, plan and report on, file with the Town Clerk of the Town of Queensbury. 4 . All proposed new crate- mains and appurtenances shall be by the �­0:01vj !;Ion c}eveloper and turned over to +t,e Town of Queenshli:ry ; 12 5 . All proposed water mains and appurtenances shall be installed in full accordance with the Town of Queensbury specifications and ordinances and in accordance with approved plans and specifications and under competent engineering supervision; 6 The maximum amour. '-_ propoq,er-1 to be expended for the said improvement is estima't e '_ t:o t-,e $ 11 �� , �a9r� , O0' 7 . There will be nc ' flnaricing of the establishment of the watr-r- i.mprnvements fry �'1p ltiI opaser:l ct i stetct , by the Town of 01.teenshury or the Consnll.rlated Water District, _ the d.evPloher will cot,tribllte f.M413_rrj� e,�isting facilites and parcels in the prop( se_1 cli 4 '!-r ict wi l 1 contribute toward Axisti.ng debt of the ^o°tsol. i.rtl }er ' WatPr District as herein set forth; g . In accordance wit -t S--rct:ion 2f_)6 (A) p'f the Town Law of ' he State of New Y,�rk_ all of :;+:he expenses of the °,eensbury Consolidated Water 1'-iGtri t , `ir}cluding all Ar' ensi.ons heretofore er :tp� eaf ter ,..r;ta shed, shall be a cha, e against the entir. � arpa of the- -1ia riot as extended. ' rt> nap, pl.a.n and repr .r. } Te-cribing t}}e provements are car, fil= in the Town Cler'r' s `9 f. ` ic,e rc:r°= PIic inspection; r Board of +.:are Town r ,bu?ky steal 1 meet and hold a pu. '-1 hearing a.t ttae , :,,; 11 01 '1.'�e Bu lding in the Town ci,+l;a.t.t. ,t Bay and Halri7 >,, i the 11th day of July , 1989 at '_ P .M . to costs! e;.. iri'tpt �z� and report for said watei atri t' e-�7 . ells i T! aa a.n„ hOia,r� 411 persons 1nterest,_�r+ in t. topo'sal , any t take i4ction as is r-erlui red a�,.d authoz 11 . The Town Clerk is s 1�d to cause �>. copy o� this Order to be d,s.ly published postad as own Law Section 209-d. }4 i Duly ad(:pted this 22nd, day , 1919, `yby the iellowi ' vote : ng Ayes : Mrs . Poten a , fir. rjornte,,_ Mo" n, Mi: . Porgos f}c,es : None Absent: Mr. Yurosaka 'RESOLUTION TO TRANSFER FIJND ]RESOLUTION NU. 357, 1989, Trl+ oduced by n�,-ratrdf-d by Mr. r 3Ik 1'). it1T12r 1 � �� °. Slrr_}�_tr { ,h T"qtr }ra�r� +nffice sett. [ r, an,l WHERFA`' , suff1cielt+ fei ?f3c crz, C,nt exist in t , ttpplie a.r-count: tO Prtrrhjpes , NOVI, TIi.FI•,. 1'r RESOLVED, to transfer < zInn frnm Conti:ar tua l ) to C r,on t t A22580204rr1 r r', nflinq Of£ic? Su},i�: t� Ier he Purchase of l-uIy adopted this 22nd vote : Ayes : Mrs . FnteT17 a, }ir. j"!, .� ..� ^ .....c.r_c 1 I2. M' Borgos Noes ; NOne }5R!sanF _MC . F!xtY-rJa4a�!. _.. A:FSE)LtJw#'I()M MYTHOR17.T,NCr ACCEV,rANCK AND EXECUTION OF PROPOSED i 13 , LEASE AGREEMENT RESOLUTION NO. 358, 1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi : WITFR.EAS , in connection with the operation of the summer Pari<.s and Recreation program by the Town of Queensbury, TTarold 11ansen, Director of Parks and Recreation, has recommended to the Town Board that recreation activities be provided in various areas of the Town, and wT#FPFnS , the Town of 011—nsbury is presently not the owner of Lands in these various areas of the Town that would be -1, i t a_b1,- fot- recrea t.i cat, art ; . ties to be conducted by the Town of Queensbury Parks and. Recreation Department thereon, a ttd. 'r WHEPFAS , Harold Hansen has made tentative arrangements , l r�llhiprt to the approval of the Town Board, with the owners of certain lands in North Queensbury, West Glens Falls , and t) len Lake respectively to lease said lands for use in rnnnection with the T,)wn' s summer Parks and Recreation program, and. WTT"FP,EAS , Harold Hansen, has recommended to the Town Board +:hat i7ih.p Town of Queenrbliry lease said lands for recreation { p�.trpose-, for the period from Jline 27 to August 18 , 1989, and f WITFRFA^ , Harold Hansen has informed the Town Board that he { has inspected these three parcels of land and has found each To be suitable and appropriate for recreational purposes , and WHFREAS , it would serve a legitimate Town purpose to provide 1 slzrrttner Parks and Recx ea-iIonal programs to North Qiz66ndbury, West Glens Falls , and Glen Lake , and WHEREAS , the terms arid. cond-itions set forth in each of the lxeposed leases appear to be reasonable, NOW, THEREFORE BE TT PFSOLVED, that the To-in of Q1,)eensbury enter into written lease aerreements with the resp-c:i-ive owners of the aforesaid three parcels of land for a period from June 27, 1989 to n„n,->st 18 , 1 '89 under the terms and conditions of the proposed lease agreement, anne:-ed hereto , and be it further 1)F:`l()I_,II".D, tha.t Stephen ro-t r r,v, , Supervisor, be authorized and empowered to execute s--id looses on behalf of the Town of T��.ily ,dnptQl this Arid day of Jilne , 1989 by the following Ayes : Mrs . Potern:7a , Mr . "Mfan.tesi , Mrs . Monahan, Mr. Borgos - s, Noes : None j i At�sprat : fir . Yr-troGalca R.Ff3)()T,i)'T•i-()N TO AMF-.NI-) RF: U1.irru)N TO ('ONDUCT CIRCUS RESOLUTION NO. 359, 1989, Tnt-r)duced by Mr. Ronald Montesi ttr�n m��tlryd_ for' its aClr)1,i-i r T) , seconded. by Mrs . Marilyn T'otpnZ? f WTiFR.EAS , the Town Poor.r:1 of the Town of Queensbury, by resolution no . 297 dated May 23, 1989, issued a permit to the Kiwanis Club of Lake George to conduct a circus on July WITFPEAS , in said resolu- ion the Town Board requested said F wanis C11,1.b to have pr.•oof of insi_irance in the amount of $3 million , ?nd. 14 WHEREAS , the Town Board of the Town of Queensbury wishes to change its insurance requirment such that the said Kiwanis Club need only to have proof of Insurance in the amount of ?, million, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amerlri.s re�OlL1.t:1 nT) no . 2,97 , dated May 23, 1989, such that the Kiwanis clkjL? of r:9eerge need only to have proof f InsItr. anc? in t`re a.mnUnt of $2 mill ion, rather than $3 million, to conduct t s it r �_1s on July 3 , 1989 . h,.rly adopted this 22nd day of July; 1989 by the following *Ayes : Mrs . Potenz,t , Mr. . i'lorlt.esi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr . Kurosaka P ESOLIJT I ON OF APPRECIATION RESOLUTION NO. 360, 1989, Introduced by the Entire Town Board 4 I WITEREAS , Joseph Fiore , a longtime resident of the Town of Q1iPpngb11ry, hzts rPti rert a'. Pirpotor of Warren County Veterans Services Agency, and WIIERFAS , Joseph Fiore gave 1() years of dedicated service to the veterans of Warten County as Director of Veterans Services, and I WIIFREAS , Joseph Fiore , a veteran of the Marine Corps who served in the Pacific Theater during World War II , has exhibited selfless devotion to the office of Director of Veteran' s Services , and WHEREAS , he was wounded tv,o timAs during the War and was a reri-plent of the Purple Ilea.x-t , and worked diligently to aid area veterans and their families , and WIiFREAS , Joseph Fiore , i.r A. pac} Commander of Glens Falls - 7rmpr_ ican Legion Post 233 and an official of the Marine C'©rps 1,eague , NOW, THEREFORE BE IT PESOI:VEi1, that the Town of Queensbury tPn,lc its (jeep app1:"eria.ti"or1 -. o the able leadership, of.. J-T,eph Fiore on behalf of tk1A v-terans served by his office aTl,), t�I1 F�fil"gal £ rJ£ t11, C * t 17 ' -rf ;1 )nopc}lt?,ry . Tmly ari.opted this 22nd day r,f Jlune , 1989 by the following Ayes : Mrs . Petenza, Mr .. Mrs . Monahan, Mr. Borgos N4-s : ?Inne Ab-ent : Mr . Kurosaka r n_"III1'NI(� AT1(A'P PTP OP7"INr.. #2 FIrFJ.. C,rr: Mabb Oil. C nryipany P ,() , Box 6' Hudson Falls , N .Y . 12839 Wall-er. Dept . Maintenance Bldg . . 5965 h'i ne View Celnetery .6065 'Town Office Building . 5965 Water Dept . Filtration . 5765 Court/Highway Diesel . 5565 Htg . . 5765 _ �sby . /G .F. Landfill Diesel . 8265 Kerosene . 9990 Activity Center . 5965 Thp King Service Inc . Feat of Main Street Troy, N.Y. 12180 Water Dept . Maintenance Btdg . . 5895 Pine View Cemetery . 5995 Town Office Building . 5895 Water Dept .- Filtration . 5795 Court/Highway Diesel . 5695 Htg. . 5795 Osby . /G .F . Landfill Diesel . 6295 Kerosene . 7795 Activity Center . 5895 Glens Falls Distributi.na Co . Inc . 2F McDonald Street. r F . O. Boy 110 Glen- Falls , N . Y . 12801 Water Dept. Maintenance Bldg. . 65 Fine View Cemetery . 65 Town Office Building . 65 Dater Dept . . Filtration . 64 Col-ir.t/Ili:ghway Diesel . 63* Htg . . 65 . Qgby . /G . F. Landfill Di.er-A1. . 85* Kerosene . 95 Activity Center .65 *Add . 025/gallong if kerosene blend needed *Price does not include any taxes RESOLUTION TO ACCEPT RTD FOR FUET, OIL R:ESOLU'TTON NO. 361 , 1909, Intro+li.iced by Mr. Ronald Montesi 111ho moved for is adopt1QT1, seconded by Mrs . Marilyn Poten7:1 WHEREAS , the Town Board of the Town of Queensbury did request that we advertise for bids for fuel oil , and WITERFAS , two bide were submitted and received and opened at � ha specified time and place by the Director of Plircha.sing/Town Clerk, Darleen M. Dougher, and WiTERFAS, three bids were t1,rned over to Mr. Peter Brault, P1.111ding and Grounds S!.tperintendent, for his recommendation, a.T)0 WHEREAS , Mr . Brault gave his recommendation as follows : ! 1. ) Mabb Oil Co . F .O . Box 63 _ 111-1d9on Falls , N . Y . 12839 Water Dept . /Filtration Plant . 5765 ('{)urt/1Tighway Diesel . 5565 court /Hl ahway Heating . 5765 2 ) The King Service pay Road G1Rns Fails , N.Y. 12801 Water Department . 5895 Pine View Cemetery . 5995 16 Town Office . 5895 Landfill/Diesel . 6295 Landfill /Kerosene . 7795 Activities Center . 5895 NOW, THEREFORE BE IT PESOL`dED, that the Town Board of the Town of Queensbury hereby accepts the recommendation of Mr . '3rault as mentioned above , and awards the bid to Mabb Oil Company and the King Service , and BE IT FURTHER RESOLVED, that the f ir►anr.irng fc)r such materials is included in the 1989 Town. Bulf.get . " DI_ily adopted this 22nd day of June , 1969 by the following vote : _.-.Ayes : Mrs . Fotenza , Mr . Monfesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : Mr . Kurosaka P!SC1?SS7GN HELD Town Attorney Dusek-Reviewe(). the following with the Town Board . . . 1 . Noted that t1zQr_` . may have to be a special Town Board meeting on Sewer Easement for the Central Qsby. Quaker Road Sewer Dist . . . 2 .Receive a. Letter from a portable toilet company stating that our local law on portable toilets is 1.znconsti.tutional . . .will. research this issue. . . 3 .G.F. Ballet Center I have proposed standard form agreement for someone - oi.ztsid.e the district to buy i.n . . .a.gked that the Board review the Board review the letter from the form . . . 4 . Asked _t1lat_ ._� Ql_i.enti.n Kestner in regard to two buildings being eliminated f- om 1-be contract . . . r'r5 mof,ion tl?e meeting was ad iou.r't`?Pd . Pesgec,: filly s�?bmit�P�l , Mass Darleen M. Dougher Town Clerk Town of Queensbury 4