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1990-04-09 SP 284 SPECIAL TOWN BOARD MEETING APRIL 9, 1990 4:04 p.m. TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka PRESS : G . F . Post Star GUESTS: Lee York, Paul Naylor , Thomas Flaherty, Pat Collard RESOLUTION TO ENACT LOCAL LAW NUMBER 2, 1990, ENTITLED A LOCAL LAW IMPOSING SEWER RENTS FOR THE QUEENSBURY/QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 227, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Town Board of the 'Town of Queensbury is desirous of amending the current Sewer Rent Law in effect for the Central Queensbury/Quaker Road Sewer District insofar as it applies to or for the 1990 calendar year and thereafter , and WHEREAS , the said current Sewer Rent Law was last amended and adopted on the 8th day of November, 1989 , as Local Law Number 6 , and is entitled a Local Law Amending Local Law #2 of 1989 enacted imposing sewer rents for the Queensbury/Quaker Road Sewer District in the Town of Queensbury, County of Warren, N .Y . enacted pursuant to Article 14(P) of the General Municipal Law and Municipal Home Rule Law of the State of New York, and WHEREAS , a copy of the new proposed amended Sewer Rent Law was presented at a meeting of the Town Board of the Town of Queensbury on the 19th day of March, 1990 and amendments were written into the said Local Law during the course of the meeting and a final version of said amended Sewer Rent Law was delivered to Town Board members on March 26, 1990 , reviewed and revised at the April 2 , 1990 Town Board Meeting, and WHEREAS , the said proposed amended Sewer Rent Law generally modifies rates to be charged, establishes classifications of properties which will receive varying rates , modifies the manner in which the rates are calculated, and the dates when such sewer rents shall be due and penalties to be assessed when said rates are not paid, az)d WHEREAS , the Town Board, at the aforesaid meeting of March 19, 1990, directed that a public hearing be held on April 2 , 1990, and, in its Resolution , directed that the Town Clerk publish notice of said hearing ten ( 10) days prior to the meeting, and WHEREAS , the Town Clerk has advised the Town Attorney and this Board that notice was published on March 24, 1990 , approximately nine (9) days prior to the date of the hearing and advertised said public: hearing by way of the notice , a copy of which is presented at this meeting, and I 285 r WHEREAS , the Town Attorney for the Town of Queensbury has advised that a minimum of five (5) days notice is all that is required pursuant to the Municipal Home Rule Law and the Town Board of the Town of Queensbury hereby acknowledges that it did not necessarily intend that notice of the hearing be published exactly ten ( 10) days before but , rather, that said notice would be published such that the minimum requirements of the Laws of the State of New York would be met , and WHEREAS , on April 2 , 1990 , a public hearing with regard to the proposed amended. Sewer Rent Law was duly conducted , and WHEREAS , a copy of the said proposed Sewer Rent Law is presented at this meeting , and WHEREAS , the Town Supervisor for the Town of Queensbury has certified. to the Town Board the necessity of immediate passage in accordance with Section 20 of the Municipal Home Rule Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby ratifies the actions of the Town Clerk and the date the Notice was published and hereby amends its previous resolution accordingly and the said Town Board also approves of the form of the Notice , and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury recognizes and acknowledges receipt of the Certificate of Necessity as to immediate passage of the Sewer Rent Law, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed amended Sewer Rent Law to be known as Local Law Number 2 , 1990 the same to be titled and contain such provisions as are set forth in a copy of the proposed amended Sewer Rent Law presented at this meeting and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that the said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 9th day of April , 1990 , by the following vote : Ayes : Mrs . Potenza, Mr. Montesi , Mr . Borgos Noes : None Absent:Mr . Kurosaka, Mrs . Monahan (Local Law to be found at the end of the meeting) RESOLUTION AUTHORIZING CHANGE ORDER 1 , 2, and 3 REGARDING QUAKER ROAD WATER TRANSMISSION MAIN RESOLUTION NO. 228, 1990, Introduced by Mr . Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza WHEREAS , the Town Board of the Town of Queensbury has recently completed construction of the Quaker Road Water Transmission Main, and 286 WHEREAt , the Town of Queensbury and Schultz Construction, Inc . , previously had a dispute concerning amounts due to connection with changes or modifications that were made to the contract and job, and WHEREAS , the dispute has been resolved by the change orders numbered 1 , 2 , and 3 presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the resolution of the claims made by Schultz Construction, Inc . , as set forth in change orders number 1 , 2 , and 3 and hereby further authorizes and directs the Town Supervisor to execute the same on behalf of the Town of Queensbury . Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza, Mr . Montesi , Mr . Bongos Noes : None Absent:Mr. Kurosaka, Mrs . Monahan Councilman Monahan entered meeting RESOLUTION REQUESTING STREET LIGHT RESOLUTION NO. 229, 1990, Introduced by Mr . Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Town Board of the Town of Queensbury is desirous of arranging for the installation of a light fixture on pole number 23A on Aviation Road in the Town of Queensbury which area of Town is located within the — Queensbury Central Lighting District NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor for the Town of Queensbury to arrange for and contact Niagara Mohawk for the installation of a lighting fixture on Niagara Mohawk pole number 23-A and with the cost of the lighting fixture and installation thereof to be paid for from the account provided for under the Queensbury Central Lighting District. Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza , Mr. Montesi , Mrs . Monahan, Mr . Borgos Noes : None Absent :Mr. Kurosaka DISCUSSION HELD ON ABANDON WATER LINE ON RIDGE ROAD Water Supt . Thomas Flaherty reviewed the abandon water line on Ridge Road requesting that this line not be — reactivated. . . noted that the line was not in repair and was causing leaking onto Ridge Road. . .the houses in this area are now being served by a conventional tap. . . RESOLUTION RATIFYING DISCONNECTION OF WATER LINE RESOLUTION NO. 230, 1990, Introduced by Mr . Ronald Montesi who moved for its adoption , seconded by Mrs . Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury as 287 the governing Board for the Queensburry Consolidated Water District hereby ratifies the action of the Superintendent of Water in discontinuing water to the line on Ridge Street servicing among others , Mr . Carmen Pallozzi ' s property and hereby further approves the provisions of no further water in that line until further order of this Board . Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr . Borgos Noes : None Absent : Mr . Kurosaka Councilman Montesi-Mr. Flaherty is finishing the sewer pump station on Meadowbrook Road we now need to blacktop, the installation of fencing and shrubs and sampling pump. . . Supervisor Borgos-Noted that Mr . Flaherty will let the Board know if the sampling pump will have to go to bid . . . Mrs . Barbara Bennett-Questioned Mr . Flaherty if they are flushing hydrants on Dixon Road? Superintendent Flaherty-Not yet, in approximately two weeks . Councilman Potenza-Noted that Empire State College is withdrawing its regional office from the area, would request the support of the Board in requesting that they stay in the area. . . 52 students use this facility with a waiting list of 25 . . . . Supervisor Borgos-Noted that he will write requesting that the center not be closed. WORKSHOP SESSION (tape on file) Transient Merchant Regulations Sign Ordinance-Proposed change related to color RESOLUTION SETTING PUBLIC HEARING ON AMENDMENT TO TOWN OF QUEENSBURY SIGN ORDINANCE RESOLUTION NO. - 231 ,-__1990, Introduced by Mr. Ronald Monte s i who moved for its adoption, seconded by Mrs . Marilyn Potenza: WHEREAS , the Town of Queensbury Sign Ordinance presently provides in Section 6 . 103 thereof as follows : "Shopping Center - 1 free standing sign, denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway . Each occupant of the shopping center shall be permitted 1 wall sign on the portion of the exterior wall , Wall signs for each occupant of the shopping center shall be coordinated as to material , shape , lettering, color and/or decorative elements" and WHEREAS , it appears appropriate to amend, supplement , change, and/or modify said Ordinance to designate those wall signs which occupants of shopping centers will be able to display as follows : "Shopping Center - 1 free standing sign, denoting the name of the shopping center shall be permitted for each entrance fronting a different street or highway . Each occupant of the shopping center shall be permuted 1 wall sign on the 288 portion of the exterior wall . Wall signs for each occupant of a shopping center shall be. coordinated as to material , size , shape and placement" and , WHEREAS , prior to any amendment , supplement , change or modification to the said Town of Queensbury Sign Ordinance , it is necessary to hold a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on the 23rd day of April , 1990 at 7 : 00 p .m. , or as soon thereafter "as the hearing may be commenced, in the Supervisor ' s Conference Room, Town Office Building, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the said proposed amendment to the Town of Queensbury Sign Ordinance , and to hear all persons interested on the subject matter thereof concerning the same , and to take such action thereon as is required or authorized by law, and BE IT FUR'T'HER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post notice of the hearing, in a form to be approved by the Town Attorney, which notice shall set forth a summary of the provisions of the modification to the Town of Queensbury Sign Ordinance proposed, and which notice shall be published in the Town of Queensbury official newspaper and posted on the Town Clerk' s sign board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury --- hereby determines the action about -to be undertaken to be an unlisted action pursuant to the rules and regulations adopted by the Department of Environmental Conservation pursuant to the State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that the Senior Planner for the Town of Queensbury is hereby authorized and directed to prepare a Short Environmental Assessment Form for the Town Board to review in consideration. Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Boraos Noes : None Absent : Mr . Kurosaka WORKSHOP DISCUSSIONS HELD ON THE FOLLOWING RECREATION FEES SEWER PROJECTS -Update including status of grinder pumps WATER UPDATE-Glen Lake Supervisor Boraos-Ltr . N . Y . Planning Federation, requested that we pass a resolution joining other towns in the Adirondack Park and authorize the park agency to spend $4, 000 . to provide a seminar, a development institute , our cost $180 . 00 to cover cost of registration . . . 289 Councilman Monahan-Requested that Lee York review this . . . .and make her recommendation Town Attorney Dusek-Reviewed the Colonial Court drainage project . . . reasons for using general town funds for the drainage work. . . l .distinquishina land. features 2 . involvement of other subdivision 3 . involvement of other properties 4 . road surfaces that are contributing to the problem 5 . previous natural flow of water that had run through the area, its flowage had gotten changed by the development and by the roads . . . constant and recurring problem that comes every year. . . Councilman Monahan-Noted that many years ago work was done on this and it was paid for from the general town fund. . . RESOLUTION AUTHORIZING RIST FROST TO DO DESIGN ENGINEERING DIAGRAMS ON COLONIAL COURT DRAINAGE RESOLUTION_NO. 232 , 1990, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi : WHEREAS , the Town Board of the Town of Queensbury is presently invest.igatiriq and considering the reconstruction of drainage facilities in that area of Town known as Colonial Court, and WHEREAS , as part of the program to develop drainage facilities it is necessary to retain the services of the encrineers for the Town, Rist Frost Associates , F .C . who have offered also to perform said services for an amount not to exceed $8 , 000 . and WHEREAS , the Town Board of the Town of Queensbury for the reasons that are set forth in the minutes of this meeting preceding this resolution considered reasons and circumstances that Justify this expense as a Town expense as opposed to a district expense . NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby as a first phase in the development of the drainage system authorizes the Town Supervisor for the Town of Queensbury to retain the services of Rist. Frost Associates to complete the design phase engineering work for the drainage construction in the amount not to exceed $8 , 000 . and that this be paid from the Dixon Road Drainage Fund. Duly adopted this 9th day of April , 1990, by the following vote : Ayes : Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr . Borqos Noes : None Absent :Mr. Kurosaka DISCUSSION HELD ON DIXON ROAD SIDEWALKS-Supervisor noted that there is an upcoming meeting with the City School Dist . . . . one solution being discussed is bussing . . . RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 233 , 1990, Introduced by Mrs . Betty Monahan who moved for its adoption, seconded by Mrs . Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into executive session to discuss , potential litigation, personnel of specific individuals and real 290 property acquisition, professional services . Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza. Mr . Montesi , Mrs . Monahan, Mr. Borqos Noes : None Absent:Mr. Kurosaka (Executive session held ) RESOLUTION TO RECONVENE RESOLUTION NO. 234, 1990, Introduced by Mr . Ronald Montesi who moved for its adoption, seconded. by Mrs . Marilyn Potenza: RESOIXFP , that the Town Board of the Towtl of Qk'PP0-bx'ry hereby moves back into regular session. Duly adopted this 9th day of April , 1990 by the following vote : Ayes : Mrs . Potenza, Mr . Montesi , Mrs . Monahan, Mr . Borgos Noes : None Absent:Mr. Kurosaka On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Douaher Town Clerk-Queensbury