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1991-06-24 SPECIAL TOWN BOARD MEETING JUNE 24, 1991 6:32 P.M. MTG#28 RES#362-379 TOWN BOARD MEMBERS Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan PRESENT: Mr. Carl Schoder-Rist Frost Mr. Harold Hansen-Qsby. Director of Parks and Recreation Mr. Paul Naylor-Highway Superintendent Mrs. KatWeen Kathe-Administrative Assistant SUPERVISOR BORGOS-Open the meeting...announced that the current enrollment for the Qsby. Swimming program is up to 1,454...noted that he greeted a group of Canadian Girl Softball players Sunday morning at fields at the YMCA, this will be an annual event... MR. PLINEY TUCKER-Asked if a place for the senior housing has been found... SUPERVISOR BORGOS-Noted that a sight is being actively sought. Discussion held regarding how far the Board should go in seeking property...it was proposed not to vote at this time on the rezoning of the Girard property and look for a week or so at other 10cations...Councilman Montesi-requested that the last meeting in July a vote should be called on the rezoning of the Girard property...agreed to by the Board... Supervisor Borgos noted that there are 60 days from the last meeting for the Church group of have a parcel under option or it is allover... PRESENTATION HOVEY POND PROJECT DISCUSSION Mr. Carl Schoder-Rist Frost, Basically the status of the project is to at this point in time to construct a channel that will allow to have the hole larger still it will facilitate Mr. Naylors excavation of top solid and clay and ultimately when everything is drawn together the breaching of the dam will be closed and the pond will be created at that location...noted the by-pass channel is being constructed (used map oflocation) 650' long structure...the current construction is at 7' below the existing grade at the channel..the channel is lined with a 22' membrane at the bottom and lined with stone on top of it...Mr. Hansen noted that the pond depth will be at 10' +-.. .DEC coordination is a must...mining permit is not needed... the next issue is the reconstruction of the dam under DEC guidelines...DEC has classified the dam as a Class B structure..the spillway will have to be able to pass 150% of the 100 year flood event...the culvert down stream of the dam is undersized... we will have a concrete structure over the dam the width of the structure 60' the apron would crest of the the dam with width of 6 to 8'... the second issue is the permeability of the dam, they will require water proofing of the structure...essentially the dam will have to be rebuilt...3rd issue is release structure through the dam DEC will require an emergency draw down structure...24-30" diameter concrete pipe...upstream there will be a structure with baffles and gates that will permit control of the level of the pond that will release water on a continuing basis... Councilman Montesi requested that some of the historical brick be used on the dam...costs figures-best guess-construction cost on the dam $200 to 230 thousand does not include engineering-approximately $30 to 35 thousand...Councilman Montesi-What is we decided to do nothing? Mr. Schoder-you would not have a pond...the sam has been breached to reconstruct the dam...discussion regarding the removal of the temporary roadway Mr. Hansel noted that he was under the opinion that the roadway would be removed, unless we could not excavate north of it...Mr. Naylor, DEC does not want the dirt to move to fill the hole back up again..they want a rock wall all the way across into the brook all the way over to Glenwood Avenue, so that the silt will not move... Supervisor Borgos-noted that some of the neighbors are anxious to see water behind their houses, I would like the property owners contacted to see if they want water or marsh. .. Councilman Montesi-Questioned making the pond larger than proposed...Mr. Schoder-there are benefits to that, the larger the hole as water comes in there is a backwater effect... spoke on sedimentation control...Mr. Hansen showed the Board the original dam? Attorney Dusek-The answer is that we have the full right to use, maintain and control the dam that was given to us in the deeds...who owns the property on the pond which the dam is actually located and apparently the best available information would indicate that 73 Quaker Road Associates property line comes right up and under the dam...we have full control right to use, right to rebuild etc. so for practical purposes we own the dam...described easements...discussion held in regard to walkway ...73 Quaker Road wanted to block off access to the dam...Supervisor Borgos-Mr. Schoder can you tell us soon where Mr. Naylor needs to stop excavating? Yes.. Supervisor Borgos-We need to hear from you the price of engineering and estimate of the dam construction...Mr. Schoder-We will come up with a set of plans to discuss with DEC, they will tell us what will and will not be acceptable...noted that this will probably be a navigable water way and the Corp. of Engineers will be involved... spoke on timing of project engineering work 2 months.. . from that point permit review process the shortest would be 3 months more reasonably 6 months...also seqra process to be addressed... Supervisor Borgos-when can you get to us a proposal with an upset of some sort...Mr. Schoder-next week...Discussion held in regard to bidding, noted next spring...one month bid time...Councilman Montesi-Questioned Mr. Naylor in his roll in the next few months...Mr. Naylor-We should have this done and relocated in five weeks, once the water is turned we are looking to have it all excavated before Christmas...Mr. Schoder- noted to the board that the figure of $230,000 does not include siltation control that has to be addressed before DEC will allow this to become a pond...Councilman Potenza-Noted that there is no control of siltation now why would it be necessary...Mr. Schoder noted that, could be used for an argument with DEe. ATTORNEY DUSEK-I will assume that we are not looking for a walkway over the dam...agreed to by the Board... REZONING REQUEST-ROLLO PROPERTY Supervisor Borgos-Last meeting we could take no action because we were waiting for Warren County... Attorney Dusek-They acted on it, approved... Supervisor Borgos-What does the Board wish to do... Councilman Monahan-My feeling is to approve with restrictions and I say this even more because I heard Russ O'Connor say that he owned 47 acres up there, and I think we should really get cooking with a Commercial PUD because we could do some great things in this town. ..1 would like Mr. Rollo since he has no objections, with the type of restrictions that I talked about taken out, those kinds of uses then look at doing a big commercial PUD... Mr. Rollo-I think the restrictions or...bothered, I am not a developer but the people that want to buy it will be the ones that develop it and my feeling from them is that the 50' green area is very much a restriction... Councilman Monahan-Mrs. Hastings said that, that was not possible in her area either...so...I would defer to that. Supervisor Borgos- The other people, a number of member of the public wanted no restrictions, Mr. O'Connor wanted none, nothing other than what is on the list. Councilman Kurosaka-I think Mr. O'Connor should come in on his own, if Mr. Rollo will accept Betty's restrictions I cannot see anything objectionable about them. Mr. Rollo-...just the size of this piece of property precludes some of these developments... Councilman Monahan-It doesn't really though we found that out in others... Councilman Montesi-What were the restrictions? Councilman Monahan-Take out drivein theater, the auto repair and body shop, the automobile sales and service the farm and construction equipment sales and the mobile home sales. The more heavy use the type of thing that we have on Dix Avenue,... Supervisor Borgos-I hear two people who favor with the restrictions, what do I hear from over here. Councilman Potenza-How are you going to enforce it and who is going to enforce it and we will go right back to the statement that I made at the last Town Board Meeting that this is selective zoning that we have our ordinances in place it is not the responsibility of this Town Board to select what businesses are going to go in and what businesses are not going to go in, that is in our ordinance. If we are going to rezone it commercial and it is up to the planning board to to put the regulations and restrictions on it. I feel that we are walking a thin line as to whose responsibility is whose in reference to all the board and our responsibility is with rezoning it according with the ordinance that is already in place. Supervisor Borgos-Ron, what do you think? Councilman Montesi-The only thing that troubles me is that I know we spent a whole deal of time changing the ordinance to accommodate a rezoning up on Corinth Road, we want to exclude... Supervisor Borgos-Alllight industrial we took out batch plants and few other things... Councilman Kurosaka-We do not want to take some of these things out of all HC that is your problem. Councilman Monahan-These uses are appropriate in HC but they just are not appropriate in that spot. Councilman Monahan-lets just fore instance and look at some of the uses and think what that is going to do to Len and Pegs because I have seen this in other areas of the county, you do not go to restaurants with certain uses next door... Councilman Potenza-You have a Stewart's Bread and Butter you have a gas station, you have a restaurant you have another corner that is now zones commercial that can meet any of the agreed upon restrictions and that is entirely up to be it a type I or type II in the ordinance I think that, is wrong to put restrictions upon Mr. Rollo when you have those businesses right there already on the corner. Councilman Monahan-That is not completely true because that area that they are advertising as Highway Commercial that area is not all Highway Commercial and it is misleading advertising. Supervisor Borgos-Do we have a consensus of the Board that we want some type of rezoning? (Agreed to by the Board) Councilman Monahan-Read the following: This was some of John's work that he was looking at some of that area up there...it says and when we are looking at rezonings, how are the wider interests of the community being served by this proposal? and the suggested response was, the Town of Queensbury generates a substantial portion of its revenue from tourist dollars the rural setting of the Town is one reason people are attracted to this community, however if we are to continue to attract tourist we must also provide services and destinations for them. This proposal and this would be changing HC to a less HC use is a mechanism to achieve the goal of preserving the rural character of the Town while allowing for economic growth. Supervisor Borgos- Where is he write that, because you only proposed that last week? Councilman Monahan-This was his notes when we were working on them they are not dated but I can show you the map...he was referring this area... Supervisor Borgos-Was he referring to the particular restrictions that you were talking about? Councilman Monahan-No, we were talking about making a zone ofHC type of thing where it was not as broad...we were talking bout some specific areas and this area (using map) in green here is the Ridge Road area here. Councilman Potenza-Betty...absolute support it once it went through the process and it was in the ordinances, I would not have a problem with it. Councilman Montesi - I just hate to see us take the ordinance apart on one thing, the next time we get a rezoning will be conditioned again? RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO. 362, 1991 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Linwood & Peggy Hastings and Frank & Theresa Rollo (Town of Queensbury Map Nos. 52-2-1.33 and 52-2-1.34), 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, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Forms, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part II of the said Environmental Assessment Forms are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Forms and to check the boxes thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent:None Councilman Montesi-Mr. Rollo, this property is under contract to be sold do you have any feel as to what kind of is this a shopping center is it a... Mr. Rollo-the feel that I have is it is going to be a retail of some sort, clothing of some sort, they do not feel, I do not get the feeling it is going to be machinery or anything like that... I expect to see retail clothing and other businesses going...the way that the contact to buy is written up is HC I suppose technically if they wanted to back out if there were restrictions put on it possibly legally they could back out. In that respect I would like to see no restrictions...I have spoken to them and they have said that those restrictions don't bother them that much except the 50' buffer zone. RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY LINWOOD 7 PEGGY HASTINGS AND FRANK & TERESA ROLLO tAX MAP NOS. 52-1-.33 AND 52-2-1.34) FROM SINGLE FAMILY RESIDENTIAL - 1 ACRE TO HIGHWAY COMMERCIAL - 1 ACRE RESOLUTION NO. 363, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, Linwood & Peggy Hastings and Frank & Teresa Rollo petitioned the Town Board of the Town of Queensbury for a zoning change of their property (Town of Queensbury for a zoning change of their property (Town of Queensbury Tax Map Nos. 52-2-1.33 and 52-2-1.34) from Single Family Residential - 1 Acre to Highway Commercial - 1 Acre, and WHEREAS, on December 27, 1990, the Town of Queensbury Planning Board recommended approval of the Frank & Teresa Rollo petition, and WHEREAS, on March 19, 1991, the Town of Queensbury Planning Board recommended approval of the Linwood & Peggy Hastings petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petitions, and WHEREAS, a public hearing was held on this matter on June 17, 1991, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the areas to be rezoned, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Linwood & Peggy Hastings and Frank & Teresa Rollo (Town of Queensbury Tax Map Nos. 52- 2-1.33 and 52-2-1.34) to Highway Commercial- 1 Acres, thereby authorizing all uses permitted under Section 4.020-K of the Town of Queensbury Zoning Ordinance in such area, and BE IT FURTHER RESOLVED, that the zoning map for the Town of Queensbury is hereby amended to provide for the rezoning of said lands, and BE IT FURTHER RESOLVED, that pursuant to the requirements of Article II of the Town of Queensbury Zoning Ordinance and Section 265 of the Town Law, the Town Clerk shall, within five (5) days, direct that a certified copy of said changes be published in the Glens Falls Post-Star and obtain an Affidavit of Publication, and BE IT FURTHER RESOLVED, that this amendment take effect ten (10) days after said publication. Duly adopted this 17th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent:None Councilman Monahan-I just want to bring to everybody's attention, Paul including yours, a thing that is on this negative declaration and it says description of action, the action is to rezone a parcel of 3.18 acres from SL lA to HCIA this parcel will be incorporated into an existing HCIA zone and was of the HC designation prior to 1988, this action is a minor zoning map amendment. Over at another area, it says, reasons for supporting this determination, this property was zoned HC prior to 1988 if we are going to use that as a reason Paul for supporting determinations I foresee that every rezoning that we did in 1988 is going to go out the boards because we just said that this was a reason to support this because it was zoned HC prior to 1988 which almost saying we should not have done any rezoning in 1988 there was no reason for it we all ought to go back to 1988. I think that is pretty bad reasoning on a SEQRA determination. Councilman Montesi-Except what we did was that we left something HC and moved down the road and made it SFR. Supervisor Borgos-Essentially the properties are identical. Councilman Monahan-I think that reasoning on here can come up and haunt us as we set a precedent using those kinds of reasons... DISCUSSION 67 MAIN STREET Attorney Dusek-I spoke to Dave Hatin and also with Garfield Raymond and I indicated to both that I would speak to the Board tonight on the basis of what I found out. First of all with the building being boarded up pursuant to your last instructions and certain other measures being taken in accordance with the resolution, Dave Hatin is of the opinion that it is not possible to say that the building is unsafe to the extent to force and tear down of the building. We do not have any authority to tear it down because of what it looks like you have to have some authority in terms of structure, also Dave advised me, and I hope I got this right, I believe he said somebody came in for a building permit to start working on it anyway. My recommendation to the Board I think at this point in light of the fact that Dave Hatin's position is just to stick with the emergency measures let Dave Hatin follow up on his building permit...I would withdraw you 30,60 day order of destruction. Supervisor Borgos-I would recommend that we leave everything in place for a while. Attorney Dusek-Postpone the hearing? Supervisor Borgos- Yes. FIRE SERVICE AGREEMENT Supervisor Borgos-We think we finally have everything in order, this is the first time through the fire service award program Mr. Holohan and I have talked and new forms came in, some fire companies had reported one way and others another way. This issue before us apparently and I was not involved in any way in this recommendation but apparently recommendations were made somewhere, somehow that changes be made in the point allocation, I am a bit concerned that we are even thinking about changing the point allocations, although it would make it easier for people to qualify for the program I think what went to the voters was a set program, a set plan a fair mechanism, that I still have mixed emotions about but I think is fair. To make that easier would help a few people but I think it would make it different from what the voters approved. Councilman Montesi-Me too. Councilman Potenza-I agree. Councilman Kurosaka-The voters said this is what we approved. Councilman Monahan-I think you raised a legal question...We presented a package to the voters. Councilman Kurosaka- Y ou would have to go back to a hearing again because we changed the point system? Attorney Dusek-You would have to go through a local law procedure... Councilman Monahan-What about the referendum. Attorney Dusek-No, you would not have to go back through the referendum... Supervisor Borgos-The consensus of the Board to let it sit the way it is...(agreed to by the Board) RESOLUTIONS Discussion held in regard to Mike Gibson using Ridge Jenkinsville Park for a non profit softball event... Mr. Hansen-Mr. Gibson and Mr. Leonbruno employees of Morans has requested permission to use Ridge- Jenkinsville Park for a softball tournament they pay a fee the proceeds after expenses to the Queensbury Little League...one field is to be left free for public use...recommended that this be allowed... Supervisor Borgos-is there an insurance concern? Weare covered by insurance for those that use the fields for softball...Attorney Dusek-called Mr. McPhillips (Insurance Co.) Noted it was a policy call on the part of the Town Board of whether you wanted to mandate it or not, secondarily he did say generally I think it is a good idea he indicated that if you were going to do an insurance coverage it probably should be in about 1 million dollars of coverage to match the town. . . would be he said if this was an annual type of thing for this group they should have no problem getting insurance. They may have a problem if it is not, if it is an isolated event... Mr. Hansen-It is not annual thing...Mr. McPhillips estimated that the insurance charge would be about $300.00 per year...in the case of an isolated group like this who knows whether or not they would be able to get it or not... Supervisor Borgos-Asked if the Town would want to sponsor it...Attorney Dusek-noted that the Town insurance covers it no matter what, the other thing is if the town were to get involved with sponsoring it now you have a legal twist to it, which I would have to study...Councilman Monahan-questioned the supervision of the games... Supervisor Borgos-recommended that a town employee be there for supervision of the event...discussion held it was agreed to add that licensee provide accounting of the event...and pay for costs associated with supervision of event.. (change resolution and contract to reflect wishes of the Town Board) RESOLUTION APPROVING REVOCABLE LICENSEIPERMIT BETWEEN TOWN OF QUEENSBURY AND MIKE GIBSON RESOLUTION NO. 364. 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of allowing the use of its recreational facilities, from time to time, by private persons for non-profit events that result in either the award of prizes or donations to not-for-profit corporations or both, and WHEREAS, Mr. Mike Gibson has requested permission to use three (3) softball fields located at Ridge/Jenkinsville Park, for an event occurring on July 6-7,1991, from 8:00 a.m. to 4:00 p.m., of each day, and WHEREAS, an agreement for a Revocable LicenseIPermit has been reviewed by the Director of Parks and Recreation for the Town of Queensbury, and approved thereby, and a deposit has been made to pay for expenses estimated to be incurred by the Town of Queensbury for labor and supplies in connection with the maintenance and necessary repair to the field following the event, and WHEREAS, a proposed Revocable LicenseIPermit has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorized the aforesaid Revocable LicenseIPermit and hereby further authorizes the Town Supervisor to execute the same of behalf of the Town Board of the Town of Queensbury. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: None Absent:None DISCUSSION HELD ON TRANSIENT MERCHANT LOCAL LAW AMENDMENT It was agreed to hold a hearing on the proposal regarding sales by transient merchants in an established retail business..it was discussed that Councilman Monahan and Councilman Montesi would rewrite the portion of the transient merchant market law regarding outside sales and present it to the Board... RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. -' 1991 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY, CHAPTER 160 THEREOF ENTITLED TRANSIENT MERCHANT, PEDDLERS AND SOLICITORS RESOLUTION NO. 365, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, Local Law No. _, 1991, A Local Law to Amend the Code of the Town of Queensbury, Chapter 160 thereof entitled Transient Merchant, Peddlers and Solicitors, and WHEREAS, such legislation is authorized pursuant to the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption of said Local Law it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 531 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m. on the 22 day of July, 1991 to consider said Local Law No._, 1991 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to public and post the notice that has also been presented at this meeting concerning the proposed Local Law No._, 1991 in the manner provided by law. Duly adopted this 24th day of June, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None (Bid Opening #2 Fuel Oil...Bids on file) RESOLUTION TO ACCEPT BIDS FOR #2 FUEL OIL RESOLUTION NO. 366, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for #2 fuel oil, pursuant to Town of Queensbury Specifications, and WHEREAS, the firm of The King Service, Inc. has submitted the lowest bid for the #2 fuel oil for the following Town locations: 1. Pine View Cemetery 2. Highway Department (Usage & Storage Diesel); 3. Queensbury-Glens Falls Landfill - Usage & Storage (Diesel); 4. Court Building-Glenwood Avenue; and WHEREAS, the firm of Mabb Oil Company has submitted the lowest bid for the #2 fuel oil for the following Town Locations: 1. Water Department - Maintenance Building; 2. Town Office Building; 3. Water Department - Filtration Plant; 4. Highway Department - Usage & Storage Htg.); 5. Queensbury - Glens Falls Landfill (Usage & Storage Kerosene); 6. Activity Center; 7. Water Department - Generator Building 8. Water Department - New Construction Office; and WHEREAS, copies of the bids have been presented to this meeting, and WHEREAS, Darleen M. Dougher, Town Clerk, has recommended that the bids be awarded to the aforesaid bidders, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for #2 fuel oil to The King Service Inc., for the following Town locations: 1. Pine View Cemetery; 2. Highway Department (Usage & Storage Diesel); 3. Queensbury-Glens Falls Landfill (Usage & Storage Diesel); 4. Court Building - Glenwood Avenue; and awards the bid for #2 fuel oil to Mabb Oil Company for the following Town locations: 1. Water Department - Maintenance Building; 2. Town Office Building; 3. Water Department - Filtration Plant 4. Highway Department (Usage & Storage Htg.); 5. Queensbury-Glens Falls Landfill - (Usage & Storage Kerosene); 6. Activity Center; 7. Water Department - Generator Building 8. Water Department - New Construction Office; and that said #2 Fuel Oil be paid for from appropriate accounts in each department form the 1991 - 1992 budgets. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 367, 1991 Introduced by Mr. George Kurosaka who moved for its adoption seconded by Mr. Ronald Montesi: WHEREAS, certain departments have requested transfers to funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: BUILDING AND CODE ENFORCMENT DEPARTMENT FROM TO AMOUNT 01-8010-1910 01-8010-1060 $18,000.00 (Senior Typist, ft) (Clerk, Full time) BUILDING AND GROUNDS DEPARTMENT FROM TO AMOUNT 01 16244650 01 1624440 500.00 (Air Condo & Furnace (Misc. Contractual 01 16224650 01 16224400 600.00 Air cond & (T. OB. Misc. Contractual) furnace rep.) Duly adopted this 24th day of June, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Montesi, Mr. Borgos Noes: None Absent:None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND PAMELA VOGEL REGARDING MAILING SERVICES RESOLUTION NO. 368, 1991 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, an agreement with Pamela Vogel d/b/a! Mailings Made Easy to provide certain mailing services for the Town of Queensbury has been presented at this meeting, and WHEREAS, the Town Supervisor has recommended that the agreement be entered into, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the aforesaid agreement and hereby authorizes and directs that the Town Supervisor execute the same on behalf of the Town of Queensbury, and BE IT FURTHER RESOLVED, that payments for services rendered in accordance with said contract shall be made from the Town Office Bldg. postage account and various other department postage accounts. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SERVICES INe. RESOLUTION NO. 369, 1991 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is desirous of authorizing the computers, computer service and networking as well as appropriate software purchase and installation and upgrade to form a network expansion of the computer system which will include the Assessors Office, the Attorneys Office, the Supervisor's Office and Town Clerk's Office, and WHEREAS, Business Automation Services, Inc. has presented a proposal for the aforesaid computer networking and a copy of which is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor for the Town of Queensbury to enter into an agreement with Business Automation Services, Inc. for the installation of computers to the Assessors Office, Attorney's Office, Supervisor's Office and Town Clerks Office, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retaining of Business Automation Services, Inc. by contract, in a form to be approved by the Town Attorney, and in an amount not-to-exceed $2,900.00 and further authorizes the purchase of hardware in an amount not-to-exceed $14,000.00 with the payment for said hardware and services to be from the Computer/hardware software Account. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION ESTABLISHING CEMETERY RETORT PROJECT FUND RESOLUTION NO. 370, 1991 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a Capital Project Fund and establishing appropriations for certain improvements to the Pine View Cemetery consisting of the purchase and installation of a new retort chamber, and NOW, THEREFORE, BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Cemetery Retort Capital Project Fund" for proposes of making certain improvements to the Pine View Cemetery consisting of the purchase and installation of a new retort chamber at an estimated cost not-to-exceed $44,000.00, and BE IT FURTHER RESOLVED, that the source of funding for the above identified Capital Project Fund shall be serial bonds and lor bond anticipation notes in the amount of $44,000.00, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized and directed to take such other and further action as may be necessary to arrange for the establishment of the aforesaid Capital Project Fund, the sale of serial bonds or bond anticipation notes, and the funding of the aforesaid Capital Project Fund from the proceeds thereof, and BE IT FURTHER RESOLVED, that the appropriate 1991 Town Budgets of the Town of Queensbury are hereby amended in accordance with the above, AND BE IT FURTHER RESOLVED, that a previous resolution of the Town Board of the Town of Queensbury adopted the 17th day of June, 1991 awarding the bid of the aforesaid retort chamber to industrial Equipment and Engineering Company, Orlando, Florida, is hereby amended to the extent that the payment of the same is authorized from the aforesaid Capital Project Fund instead of the Cemetery Account identified in said resolution. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None A RESOLUTION AUTHORIZING THE ISSUANCE OF $44,000 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE THE PURCHASE OF A RETORT CHAMBER FOR THE PINE VIEW CREMATORIUM RESOLUTION NO. 371, 1991, 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 purchasing an additional retort chamber of said crematorium, and WHEREAS, the proposed purchase and installation price of the aforesaid retort chamber will not exceed the amount offorty-four thousand ($44,000) dollars, and WHEREAS, it is now desired to authorize the financing of said retort chamber by serial bonds/and or bond anticipation notes, and WHEREAS, the action for which funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act and the Town Board has determined the action to be a Type II Action for which an environmental impact statement or other determination of proceedings under the Rules and Regulations of the Department of Environmental Conservation are not necessary, NOW, THEREFORE, BE IT RESOLVED, by Town Board of the Town of Queensbury as follows: SECTION 1. The specific object or purpose to be financed pursuant to this resolution is the purchase and installation of a retort chamber to be installed in a building located on property owned by the Town of Queensbury, within the Pine View Cemetery, Queensbury, Warren County, New York. SECTION 2. The total cost of purchase and installation of such specific object or purpose is FORTY-FOUR THOUSAND ($44,000) DOLLARS and the plan for financing thereof is the issuance of $44,000 in serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five (5) years, pursuant to Subdivision 32 or Subdivision 35 of paragraph A of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. It is hereby determined that pursuant to Section 35 (b) of the Local Finance Law that this bond resolution is not subject to a permissive referendum. It is hereby further determined that a five percent (5%) down payment is not required, therefore, pursuant to Section 107 (5) of the Local Finance Law. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to seel bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The validity of such bonds or noted, or any bond anticipation notes issued in anticipation of the sale of such bonds may be contested only if: 1. Such obligations are authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money, or 2. the provisions of law which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or 3. such obligations are authorized in violation of the provisions of the constitution. SECTION 7. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form prescribed in Section 81 of the Local Finance Law. SECTION 8. This resolution is not subject to a permissive referendum. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION CLOSING CEMETERY EQUIPMENT PROJECT FUND RESOLUTION NO. 372, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury previously authorized the establishment of the Cemetery Equipment Project Fund (Fund No. 75 previously identified as Fund No. H-39), and WHEREAS, the Accounting Office has reported to the Town Supervisor that there exists the approximate sum of $2,275.00 within said Fund and that the Cemetery Department does not have any plans or need for this particular fund and has recommended that the said Fund be closed, and WHEREAS, it would appear appropriate to transfer the balance of the Cemetery Equipment Project Fund (Fund No. 75) to the Cemetery Fund (Fund No. 02, previously identified as C), NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the transfer of the balance of the Cemetery equipment Project Fund (Fund No. 75), last reported to be in the approximate sum of $2,275.00, plus interest, to the Cemetery Fund (Fund No. 02) and to close the Cemetery Equipment Project Fund as no longer needed for the purposes for which it was originally established, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is authorized to take whatever action may be necessary to carry out the terms, provisions and purposes of this resolution and the appropriate 1991 Town Budgets are hereby amended as may be necessary to reflect the authorized transfer of funds balance and closure of the aforesaid Capital Project Fund. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION ACKNOWLEDGING DISCLOSURE AND AUTHORIZING HIRING FOR SUMMER EMPLOYMENT RESOLUTION NO. 373, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, Rodney G. Mosher, Superintendent of Town of Queensbury Cemetery has written the Town Board of the Town of Queensbury and disclosed that the department is considering the hiring of Michael D. Mosher in a relationship to him as son for the full time summer employment with the department and NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby acknowledges the disclosure statement, hereby indicates that it has no objection to the retaining of Michael D. Mosher and in fact further authorizes the retaining of said Michael D. Mosher as temporary laborer for the Cemetery Department. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION AUTHORIZING PAYMENT OF THE COST OF PREPARATION OF A MAP, PLAN AND REPORT FOR ESTABLISHMENT OF EXTENSION OF SEWER DISTRICT RESOLUTION NO. 374, 1991 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury has previously conducted a feasibility study of constructing a sewer district or extension to serve the County Line Road Area of the Town of Queensbury and the areas of the Warren County Airport and W arrenlW ashington Counties Industrial Parks, and WHEREAS, a preliminary investigation has been conducted and it would appear that up to 50% funding may be available from the Federal Government and that the area in question would benefit from the construction of sewer facilities, improvements, and services, and that the development of a map, plan, and report concerning said sewer facilities, improvements, and services is appropriate, and WHEREAS, pursuant to Section 209-b of the Town Law of the State of New York, the Town Board may adopt a resolution, subject to permissive referendum, appropriating a specific amount to pay for the cost of preparing a general map, plan, and report, for providing facilities, improvements, or services in any portion of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and appropriates the sum of $10,700.00 to be paid for from the Engineer, Principal Account, to pay the cost of preparing a general map, plan, and report for the providing of sewer facilities, improvements, or services, in that portion of the Town of Queensbury, which generally consists of and is near the County Line Road area and the area of the Warren County Airport and W arrenlW ashington Counties Industrial Park, and BE IT FURTHER, RESOLVED, that such map, plan and report shall conform with the requirements of Section 209-c of the Town Law of the State of New York, and that such map, plan, and report shall be prepared by and under the supervision of Rist-Frost Associates, P.C., Consulting Engineers, and engineers employed by the Town of Queensbury, and BE IT FURTHER RESOLVED, that this resolution shall be subject to permissive referendum in the manner provided in Article 7 of the Town Law of the State of New York, and within ten days after the adoption of this resolution, the Queensbury Town Clerk shall post and publish a notice which shall set for the date of adoption of this resolution, and a copy of this resolution. The notice shall specify that such resolution was adopted subject to permissive referendum. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION TO RESCIND RESOLUTIONS RESOLUTION NO. 375, 1991, 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 hereby rescinds resolutions number 318 and 321 of 1991. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None PETITIONS -Petition on file Qsby. Senior Citizens Inc. in support of senior housing...84 signatures -PETITION on file re: Bus usage of Buena Vista... 15 signatures DISCUSSION REGARDING QUEEN VICTORIA GRANT Mr. Paul Naylor-spoke to the Board regarding a drainage problem in Queen Victoria Grant...swales next to the driveways and roads some have been filled in...noted two ways to fix the problem...for the highway dept. to use a grader and remove the areas that are causing the problem, or have the residents themselves remove the problem... It was suggested that Mr. Naylor and Board representatives meet with the Queen Victoria Grant Homeowners Association and try to work out a solution... Supervisor Borgos-Noted that the Homeowners Association has also asked for no parking on all their roads...forwarded to Mr. Naylor... DISCUSSION HELD IN REGARD TO PARKING REQUIREMENTS-Plaza Commerical Zone parking requirements be also the same for Highway Commercial Zone... RESOLUTION REGARDING PROPOSED AMENDMENTS TO THE ZONING ORDINANCE RESOLUTION NO. 376, 1991, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has previously considered certain proposed amendments to the Zoning Ordinance of the Town of Queensbury now set forth in the Code of the Town of Queensbury and has authorized a public hearing in connection with the same and WHEREAS, it has been brought to the attention of the Town Board that a further revision should be made in the proposed amendments such that the language added to Section 179-22 entitled PLAZA COMMERCIAL ZONES PCIA consisting in part of the following: ALL uses described below which do not require the expansion of new areas by more than 10% of the size of the existing parking area or by more than five (5) parking spaces which ever is greater. Should be added to the provisions concerning uses allows in Highway Commercial Zones with uses without site plan review NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the amendment of the aforesaid proposed amendment to the zoning ordinance of the Town of Queensbury Codified to include the aforedescribed language as part of the provisions proposed for Section 179-23 HIGHWAY COMMERCIAL USES with outside plan review such that the first paragraph in 179-23D 1 reads the same as the first paragraph in 179-22D 1, and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby directs that notices of this amendment to the proposed language be sent to all agencies previously notified of the amendments and the notice of public hearing and that any notices prepared for agencies, municipalities or the official newspaper of the Town of Queensbury which have not been previously sent shall incorporate and include therein the changes proposed and the previously resolution of the Town Board is hereby amended accordingly. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None DISCUSSION Town Attorney Dusek-noted he has a request from an individual to work for free as a law clerk, this individual will attend law school this falL 5 to 10 hours a week...agreed to by the Town Board... RESOLUTION OF APPOINTMENTS RESOLUTION NO. 377, 1991, Introduced by Mrs. Betty Monahan, who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury wishes to make the following appointments to the following Boards: RECREATION COMMISSION Mr. John Carusone Chestnut Ridge Road Queensbury, N.Y. 12804 term to expire on March 8, 1996 CEMETERY COMMISSION Mrs. Sylvia Dougher RDl Box 379 E. Sunnyside Rd. Queensbury, N.Y. 12804 term to expire on June 30, 1994 BEAUTIFICATION COMMISSION Ms. Susan Whiting 37 Glenwood Avenue Queensbury, N.Y. 12804 Mrs. Judith Wetherbee Box 253 Cleverdale, New York 12820 Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION TO AMEND RESOLUTION NO. 342 OF 1991 RESOLUTION NO. 378, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No. 342 of 1991 to reflect Maria Giannetti's promotion will take effect on June 3rd, 1991. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 379, 1991, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board hereby moves into executive session to discuss an item of litigation. Duly adopted this 24th day of June, 1991, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent:None On motion the meeting was adjourned. Respectfully Submitted, Miss Darleen M. Dougher Town Clerk-Queensbury