Loading...
1990-10-01 167 TOWN BOARD MEETING OCTOBER 1,1990 7:30 P.M. BOARD MEMBERS PRESENT SUPERVISOR STEPHEN BORGOS COUNCILMAN GEORGE KUROSAKA COUNCILMAN MARILYN POTENZA COUNCILMAN RONALD MONTESI COUNCILMAN BETTY MONAHAN —TOWN ATTORNEY PAUL DUSEK PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI PUBLIC HEARING 7:35 P.M. REZONING REQUEST- SANDERS SUPERVISOR BORGOS-I'll ask the Clerk if this has been appropriately advertised? TOWN CLERK-Yes, it was. SUPERVISOR BORGOS-This is a request to rezone a parcel of property on VanDusen Road to light industrial. Is there anyone here who wishes to speak for or against that request, if so please come to the microphone state your name and address and say whatever you would like. We have the request, I believe the request has already been to the Planning Board I'll ask the Clerk to just confirm in my mind if she knows if it has been to the Planning Board and they've recommended approval? TOWN CLERK-Yes. SUPERVISOR BURGOS-Anyone wish to speak for or against or ask questions about? The Board any questions? COUNCILMAN MONTESI-This is a parcel of land that we had considered at one time once - before when we were rezoning, I guess it was Web Graphics that section. SUPERVISOR BORGOS-This was inadvertently left out it came in a week late. COUNCILMAN MONTESI-There is a residence on part of his property, there is a junkyard on part of it or adjoining part of it? SUPERVISOR BURGOS-Correct. COUNCILMAN MONTESI-It seemed like it was something was obviously left out and I know Mrs. Sanders had to go back through this whole scenario again. I would be supportive of it, it certainly makes some sense. The use of the property as it stands right now as a residence certainly is not in keeping with it's neighbors. SUPERVISOR BORGOS-Any further comments? Will close this public hearing. PUBLIC HEARING CLOSED 7:38 P.M. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO. 547 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury is considering rezoning certain property owned by Robert and Shirley Sanders and Diane Carpenter (Town of Queensbury Tax Map #'s 126-1-71.1 and 126-1-71.3), 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, 166 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the environmental Assessment Form, 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 11 of the said Environmental Assessment Form 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 Form and to check the box 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 Clerk 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 lst day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY ROBERT & SHIRLEY SANDERS AND DIANE CARPENTER (TAX MAP NOS. 126-1-711 AND 126-1-71.3) FROM SR-1A (SUBURBAN RESIDENTIAL - 1 ACRE) TO LI-lA (LIGHT INDUSTRIAL - 1 ACRE) RESOLUTION NO. 548, 1990 Introduced by Mr. George Kurosaka who moved for its.adoption, seconded by Mr. Ronald Montesi: WHEREAS, Robert & Shirley Sanders and Diane Carpenter petitioned the Town Board of the Town of Queensbury for a zoning change of their property (Town of Queensbury Tax Map Nos. 126-1-71.1 and 126-1-71.3) from SR-IA to LI-1A, and WHEREAS, on January 16th & February 20, 1990 the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition, and WHEREAS, a public hearing was held on this matter on October 1, 1990, and WHEREAS, the Town Board of the Town of Queensbury has made 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 rezone the property owned by Robert & Shirley Sanders and Diane Carpenter (Town of Queensbury Tax �- Map Nos. (126-1-71.1 and 126-1-71.3) to LI-lA (Light Industrial - 1 Acre), thereby authorizing all uses permitted under Section 4.020-N 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 169 K BE IT FURTHER RESOLVED, that pursuant to the requirements of Article 11 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 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 549 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None SEWER VARIANCE CRAIG AND BARBARA MEADE 7:40 P.M. SUPERVISOR BORGOS-I'll ask the Clerk if this has been advertised? TOWN CLERK-Yes, it has. •SUPERVISOR BORGOS-Again, this is open now we ask anyone to speak for or against or in anyway related to this property from this proposal? This is for a request for a septic system variance on Rockwell Road. COUNCILMAN MONTESI-Ninety feet away from a proposed well? SUPERVISOR BURGOS-Instead of the required distance of now 150 feet which used to be 100 feet. I think Mrs. Monahan is going to stay out of this discussion because she borders this property on three sides. Anyone wish to say anything for or against? Board any questions. COUNCILMAN MONAHAN-1 will say that Mr. Mead is in the audience if anybody has any questions. SUPERVISOR BURGOS-Hearing no comments we will close this hearing. PUBLIC HEARING CLOSED 7:44 P.M. RESOLUTION APPROVING THE VARIANCE REQUEST OF CRAIG AND BARBARA MEADE RESOLUTION NO. 163, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, Craig and Barbara Meade previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a 150 foot separation between the seepage pit and the well, and WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 1, 1990, and 1110 WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Craig and Barbara Meade, allowing a 95 foot separation between the seepage pit and the well and 90 foot separation between the seepage pit and a neighboring well, and a. that there are special circumstances or conditions which justify allowing the 95 foot separation between the seepage pit and the well and the 90 foot separation between the seepage pit and a neighboring well in that the lot size is too small to accommodate the 150 foot distance required. b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, c. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None SEWER VARIANCE FRANK W. AND KATHLEEN ENGLAND 7:42 P.M. SUPERVISOR BORGOS-Has this been advertised? TOWN CLERK-Yes, it has. SUPERVISOR BORGOS-Thank you. Would anyone like to speak for or against or ask questions about this proposed sewer variance? COUNCILMAN MONTESI-This is to construct a garage. . . SUPERVISOR BORGOS-To construct a garage 14 feet from the stone bed of a newly constructed new mound septic system instead of being 20 feet it will be 14 feet. Any Board members have any comment about that? There is no basement, it would have no impact on anything under. COUNCILMAN KUROSAKA-It wouldn't affect anything closer than 20 feet anyway. If you were more than 20 feet of it the seepage might seep into the basement of the house. COUNCILMAN MONTESI-There is no basement? COUNCILMAN KUROSAKA-There is no basement it's on a slab. SUPERVISOR BORGOS-I have heard no objections raised by anyone to this. Any further discussion, hearing none will close the hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING VARIANCE REQUEST OF FRANK W. AND KATHLEEN V. ENGLAND RESOLUTION NO. 17, 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Frank W. and Kathleen V. England previously filed a request for a variance from certain provisions of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, such provisions being more specifically those requiring that there be a 20 foot separation between the absorption field and the dwelling, and 171 X WHEREAS, a Notice of Public Hearing was given in the official newspaper of the Town of Queensbury and a Public Hearing was held in connection with the variance request on October 1, 1990, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health grants a variance to Frank W. and Kathleen V. England, allowing a 14 foot separation between the absorption field and the dwelling (garage), and a. there there are special circumstances or conditions which justify allowing the 14 foot separation between the absorption field and the dwelling (garage) in that the lot size is too small to accommodate the 20 foot distance required, b. that due to the nature of the variance, it is felt that the variation will not be materially detrimental to the purposes and objectives of this ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury, c. that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance is granted as the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant, and d. that the Local Board of Health imposes a condition upon the applicant that he must also secure the approval of the New York State Department of Health. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO ADJOURN AS THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 18, 1990 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 hereby adjourns as the Queensbury Board of Health and moves back into Regular Session. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None OPEN FORUM 7:45 P.M. GARDNER HARRIS-Assembly Point. Requested that the Town Board do a feasibility study in regards to relocating the road that runs in front of 18 properties on the east side of Assembly Point. (Submitted copy of petition to Town Board) Has spoken to Paul Naylor, Superintendent of Highway and the Fire Department, Queensbury School, all are in favor of feasibility study. _ MR. RICHARD KUKUK-Assembly Point Road, Chairman of the Assembly Point Committee. Spoke in regard to the hazardous situation on Assembly Point Road. Is in favor of the feasibility study. SUPERVISOR BORGOS-Asked Town Attorney to first look at the situation and the possible options. Asked the consensus of the Board? BOARD-In favor of Town Attorney reviewing this and to discuss situation with Paul Naylor, Highway Superintendent. 172 JODY BERRY-3 Colonial Court, Queensbury. Spoke to Board in regard to the trench that was dug in front" of his house by the Highway Department which has created a drainage problem. (Presented pictures to Board) Would like the same consideration given to him as his neighbor next door who had the same problem to solve his problem. SUPERVISOR BURGOS-Will look into the situation tomorrow, will contact him after looking at this. BARBARA BENNET-Dixon Road, Queensbury. Requested that a copy of the resolutions pertaining to Transfer of Funds be left out with the Agenda at the beginning of the meeting. Asked if the date for the Household Hazardous Waste Day has been set? SUPERVISOR BURGOS-Noted it was proposed for the month of October, but went through the bidder process and had no bidders. Went through the bidding process again and sent to the known certified waste haulers copies of the btd proposal and did receive two bids. Noted that the bids are long involved detailed proposals which DEC has to be involved in. Noted they are going to keep the money in the budget apd are looking towards the Spring to do this. BARBARA BENNET-Asked if there were going to be any public workshops on the Tentative Budget? SUPERVISOR BORGOS-Noted that the week of October 15th, they should be starting the workshops on the budget. SPECIAL ANNOUNCEMENT 815 P.M. SUPERVISOR BORGOS-At this time I would like to introduce a Gentleman who would like to make a special announcement and presentation to the Board, it is an important topic and we are all here to hear it. At this time I would like to introduce Mr. Lou Gagliano who will state his name, address and affiliation perhaps and tell us what he is here to talk about. MR. LOU GAGLIANO-My name is Lou Gagliano, I am the General Manager at Aviation Mall and I am here tonight to just briefly touch on the history of Aviation Mall, talk about some recent activities and present our plan for the future. It was fifteen years ago this month that Aviation Mall opened in the Town of Queensbury. Ii addition to providing hundreds of jobs and millions of dollars in tax revenues over the years we have really strived to be an active and vital part of the community. In 1989 alone, we had over 40 groups and organizations invited to use the facility and we provided significant fundin ; for the Feeder Canal Alliance, for a ceramics workshop down at the Glens Falls Senior Citizens Center and also supported -° Queensbury's Campaign to retain the New York State High School Girls' Championship here in the Town. In 1987, Pyramid chose to reinvest in Aviation Mall in the Town of Queensbury as you know with a renovation we added a new food court, up graded the landscaping and also updated a lot of the interior finishes. Over the last two years we have performed a lot of customer intercept surveys and focus groups talked to hundreds of the customers that came into Aviation Mall on a regular basis. They have indicated a strong desire for more and better selections and more and better stores in Aviation Mall. After months of planning and with the encouragement of Steve Borgos, and a number of other business leaders in the area I am pleased to be here tonight to present to you our proposal for the future of Aviation Mall. (Used display) This is a graphic representation of what we are proposing in the Town, I hope everyone can see it over on the board. Basically what is involved in our proposed project is an expansion of the center by approximately 106,000 sq. ft. of GLA. As you can see on this plan here, is the existing J.C. Penny's store what we are proposing to do is build a brand new 82,000 sq. ft. J.C. Penny to the immediate west of the existing store, to add in the rear of the existing Penny's Store a fourth major department store and to take the balance of the existing J.C. Penny's facility and create enough mall shop space to add 10 to 15 additional mall stores. Also, as part of this project, Sears has expressed an interest in expanding their existing store approximately 15,000 sq. ft., of course with this proposed expansion will be all the landscaping upgrades and site improvements and parking necessary to properly service the expansion. What I would like to do now is I would like to introduce to the Board a few of the consultants involved in putting this plan together. If you could just stand as I introduce you, first there is Jeff Anthony, he is the principal partner in the LA Group, and has been involved in our landscaping he has been an engineer for over 16 years and is currently the Vice Chairman of the N.Y. State Licensing Board for Landscape Architects. John Meyer, John has been a Civil and Traffic Engineer for over 30 years, he is life time member, help me out here, of the National Transportation Engineers. A face that most of you are familiar with, Bob Stewart, Senior Partner in the local Law Firm of Bartlett, Pontiff, Stewart, Rhodes and Judge, who is now going to share with you some more information and details. MR. BOB STEWART-Mr. Chairman, Ladies and Gentlemen, I will try to be very brief because the purpose of this meeting is sort of a quick overview but, when I first met with the Pyramid Company and we discussed their plans for Aviation Mall we began to look in what legal involvement 1{�1 t� • 33 there might be, the processes through the various Boards and steps that had to be taken. One of the things we sensed as we analyzed this thing was that we would require in order for this expansion to become a reality, we would require some zoning changes within the Town of Queensbury. We looked at the various ways that could be done with various, through a local Zoning Board of Appeals, sort of piece meal but as we thought about it we began to realize more and more that all of the shopping malls if you will, in Queensbury are within a zone that is called plaza commercial. That was designed to encompass the concept of all malls whether they were relatively small strip shopping malls up to and including this very large regional shopping, enclosed shopping center. As you look at the studies the industry standards the realities of the situation it is clear that the benefits and the problem that a huge enclosed shopping mall has are remarkably different than the pressures and problems and benefits that the strip type of malls have. To try to fit enclosed shopping mall into a strip mall concept just creates more problems it is like running around putting your finger in a dike. So, we thought maybe the thing to do was to face that reality and come to the Board and make a suggestion and that is to create a new zone where the Aviation Mall presently exists but including some of the land that we asked, that we intend to acquire as part of this expansion and call that enclosed shopping center mall 25 acres, you are talking a mall of some 400,000 sq. feet or up. Only malls of this size would fall into this category then you would apply whatever rules and regulations this Board deems appropriate to that type of an organization. Our thinking was simply that if we tried to do it some other way you might grant some sort of a variance for rezoning that would be suitable to this site but could blow up in your face in some other site that did not have the same characteristics. So, we have filed and have presented with you tonight a proposal for rezoning in the Town of Queensbury and generally to create this one large zone which requires ownership of land of at least 25 acres and up, used inclusively for enclosed shopping malls. Once we get to that point the changes that we ask are primarily technical in nature and not significantly different from the fact that we are a plaza commercial or zoning shopping center mall already. One thing as an example and maybe this will illustrate why we thought a fresh approach was beneficial. Loading docks, your Zoning Ordinance calls out for one loading dock for each store in a mall that has at least 5,000 sq. feet or more, and of course that envisioned the concept of a strip mall, where truck could come into the back and each store would have a loading dock or overhead doors where you could load directly into that store. Excellent concept as far as strip malls are concern, most of them function very well that way, but when you think about an enclosed shopping mall of the size that we have in the Aviation Mall it simply does not work, because the stores in the middle do not have access to a direct loading ramp coming in from outside. You have got to load in through corridors, central corridors and feed the stores that way. There is no other alternative. That is not contemplated by your present zoning. Secondly an enclosed shopping mall of this size have stores of the magnitude of Penny's, Sears, Caldors and as will be further developed tonight even more. Stores of this size are not content with one loading ramp as your present ordinance in the present zone call up, they need more than that. What we propose to do here is some technical adjustments to ask for a zoning that fits the needs and the requirements of an enclosed large shopping mall rather than what we really have now a zoning category that fits the needs of a strip mall and then we try to squirm and wiggle and ask for variances and wiggle around those problems. Some of the technical points that we ask in our proposal which is all in writing as being submitted to you for example is gross leaseable area. Now, this is a phrase, this is a definition used in all shopping centers. It is used throughout Queensbury's Zoning Ordinance, it is not defined anywhere in Queensbury's Zoning Ordinance so nobody quite knows what it means, although obviously it is a measuring stick, that is very important. Technically we ask and we submit a proposed definition of gross leasable area, so we all know what we are talking about, then we talk about parking ratio's balanced off against that gross leasable area. Parking ratio's is always a very delicate source of concern, it seems to me within this community or any community. What everybody wants is adequate parking to reasonably need, reasonably meet the needs of the shopping center and the customers who come to it. What you do not want is so much parking that you have the phases, the sea of blacktop, and we pave from here to Warrensburg. There is always that question, as you get week before Christmas, do you have enough shopping, you could probably pave until you run out of pavement you would never have enough in a particular day or a week. But, what we propose is a ratio of parking that is adequate that is accepted by the industry standards and John Meyers is here an expert in this area, who will touch on that in a moment, ratio's that the large shopping stores that are very concerned about adequate parking are content with and have in their leases with us and have in their leases all over the country. A parking ratio that is adequate for an enclosed shopping center, and yet not so extreme that we just have to park north, south, east and west all over the area. Size of slots blends into this and we propose some changes there. Now, incidentally when the Aviation Mall was approved back in 1973 and I was involved with it at that time, the ratio was 5.0 is what we are asking now, the ratio that we are asking now is what we have had and what we have worked with all of these years. We are not looking for any drastic or significant change and it is a ratio well within the suggestions of the industry. The ratio also blend into how large a slot do you create to park each individual car? We are proposing a slot 10' long and 9' wide your present zoning ordinance in other zones for strip malls etc. call for one 201, did I say 10' long, it is 20' long and we are asking 9' wide. Your present zone calls out 10' wide, well there are two things, number one Aviation Mall was designed and laid out and approved back in 1973 with 9' wide slots and that is what you have been accustom to as you have driven there all these years. 174 You may have found them perfectly adequate you may have a question about them I do not know, that is what is in the ground that is what you have been accustom to using all of these years. And of course in the last 17 years there has been dramatic changes in the American driving habits and we are going more and more to smaller cars. Of, course with this new gas crisis you are going to see even more of that. I was amazed to discover the other day that a two hundred and twentythree thousand dollar Rolls Royce Sedan is a subcompact, by all American definitions. Can you imagine paying that much money for a subcompact. Big cars are not big anymore. I think a Lincoln Town car is about the biggest thing you can buy today, here or abroad. Cars are smaller and of course we want to recognize that we want to be in conformity with industry standards but we want to get the parking we need without, but minimize how much we want to blacktop. We know it is a concern of many members of this Board, we have discussed it at various times over the years so our proposal is to get adequate parking and yet not over kill. As you examine this over a period of time I hope you will feel that we have done our homework in that size, in that category. One other and again, most of these changes are relatively small and technical, but one that we have I want to bring to your attention is your present zoning ordinance for a strip mall calls out that in the parking area it be broken down into compartments, and I am going to call them pods. That you have no more than 100 cars per pod and then you break it with barriers for each segment. As I understand it primarily the purpose of that planning is to prevent a customer of the mall from getting into his car and go zooming right down the whole length of that shopping center at forty, fifty miles per hour, risking life and limb to get out of the shopping center and risking the lives of people that are walking back and forth to their vehicles. That is fine, it makes a lot of sense we have no question about it, except that the Aviation Mall, and large shopping malls in general approach the situation differently. We have large two lane parameter roads that sweep all the way around the outside of this mall and if you are parked and you want to leave the mall you leave your parking area and you drive to the perimeter road and then you drive on the outside around we have had a layout all these years that prohibits, prevents and discourages cars that just shoot down the middle of the parking area, there is no point in it. We do not object to these pods, these so called pods, and we do not object to some reasonable ones they give you some chance for some plantings and they do tend to eliminate some wild driving. We recommend here as part of our rezoning, that in a large shopping mall of this size that each pod accommodate 150 cars rather than the proposed 100. One of the reasons for this is the equipment that a large shopping mall such as Aviation Mall requires to plow their parking lot is large equipment. With these big two lane perimeter roads all the way around and the size of this parking lot you do not come in here with pickup trucks with a 6' plow you come in with big heavy duty heavy duty equipment, it is the only way that you can efficiently and safely clear that parking lot and do it well, if you try to move this equipment into little small pods where it has to back and ...it would make it very awkward for the operators and for the equipment and of course snow is going to k e left piled up it is not going to be cleanly y swept out of the area and for that reason we feel 150 car pod makes some sense and of course these are the things that you will be discussing as we go through the Board Meetings over a period of time. I think about the last thing that we asked for that comes to my mind at any rate is the question of permeability. Your present zoning ordinance when it refers to the Plaza Commercial or the Strip Mall concept that was designed to work with calls out for 30% permeability. Our shopping mall was built at an approved ratio of 17 1/2% permeability and of course since it is an established shopping mall you really cannot go back and do, you cannot change what has been there for 16-17 years. In however, the proposed expansion we can keep it not only at 17 1/2 I believe it is we can improve it up to 21 maybe 21 1/2 we have done a lot of planning and study and Jeff Anthony is here who will talk landscaping and layout and he can go into more detail on that but they have done a lot of planning to try to save and present to you as much green space as much permeability and landscaping as can possibly be done bearing in mind that we are working with an existing established shopping center. That I think in a quick overview are about the only points that we raise in our proposal for rezoning however we are here tonight for two other points that I want to allude to. Number 1, we would like to come here hat in hand to buy some property from you. The Town of Queensbury owns a strip of land that lies westerly of the present Aviation Mall which is an old narrow strip or road it has been called the fire mall, if I could turn your attention, this diagram is not enormously large but it starts at Aviation Road and the old town road runs along the perimeter up to the rear of the property. It used to go, I do not know just where it went, way beyond this but when the Northway came in many years ago it severed that old road. But, now the road goes from Aviation Road to nowhere, it is up on top of a bank it is a dirt road. To the best of my knowledge I do not know if it serves any useful purpose whatsoever, it is my impression, although I am not sure of this, that it is surplus property that the Town may have indicated that they would not mind selling because right now it is probably it is more of a liability to you than it is an asset. But, in any event we would like to acquire that and our reason for it so you will understand of course is to assist in the expansion but also we have entered into option with Mr. Charles Wood who owns property directly to the west and that strip of land acts as a barrier between us and the expansion land that Mr. Wood is willing to convey to us. If we cannot get that strip we are blocked in and have no way to turn. Also, I will just mention in passing that we are acquiring land to the east in behind the Burger King to give you some focus also from Mr. Wood who owns that to also assist in this parking expansion. The last comment that I believe I have is that as part of this expansion particularly as we work to the east we would want to relocate a town water 175 line which lies in that area and that of course would be done at our own cost and expense and again Mr. Meyer can discuss that with you but formally tonight we are filing a request that you would consider, consider our request to do that. So, unless anyone on the Board has any further question from me I would suggest that maybe Mr. John Meyers could speak to us for a few moments on the DCL's. COUNCILMAN MONTESI-Bob, just a question, tell me what you envision as your time table your clock and what steps you would like to see and a time frame? MR. STEWART-That is a good point, the time table is always a little shaky because one Board moves quickly another Board wants to take more time, there is more deliberation, but what we need for this expansion essentially is the rezoning by the Town Board and site plan review by the Queensbury Planning Board those require advisory opinions from the County Planning --- Board, APA may be involved it is hard for me to believe but I read their ordinance as saying they have to review any change in your ordinance even if it is solely outside the park. Assuming that is true, you go to them. COUNCILMAN KUROSAKA-It is so out of the park it has nothing to do with them. SUPERVISOR BORGOS-That is part of the regulations. COUNCILMAN MONTESI-Well, it changes the density of the town, something to do with that. MR. STEWART-Don't get me started George, because I will get upset, but, I think, technically I think it is something that may have to be done, SEQRA permeates as you know, this thing has a SEQRA program that if you are contemplating a decision within the Town, don't just look at your own rules take a glance at the SEQRA regulations and try to see that they are safe guarded at the same time. Now, as we view it, there is one project here which is the expansion of the Mall and that therefore the SEQRA review will encompass the entire thing, I do not see us going back to three or four SEQRA reviews at each step. There is one basic project that is involved here two involved boards that I know of essentially which is Town Planning Board and this Board which is the primary Board possibly APA. A decision has to be made within thirty days as to which board will take lead agency status, one of our requests here tonight I was going to bring it up later but I will bring it up now is ask the Board that if after I have met with the Town Attorney tomorrow and he has taken me through and is satisfied that we have filled out all the checks and blocks so that he deems our application complete from a technical point of view I would ask that it would be immediately forwarded under the provisions of SEQRA to the other agencies point out that with our application, with our environmental assessment form, that Pyramid has completed a very detailed long form, environmental assessment form for review that all of this be sent to the other Boards, start the clock running on the the thirty day selection for a lead agency under SEQRA. When that is done, advisory opinion from County Planning Board is obtained we will be back here to have a public hearing and discuss in detail each and every item that I just alluded to tonight, and therefore there will come a point and maybe six weeks something like that, I think, Lou we calculated where this Board could if it saw fit if it took lead agency status declare a negative declaration and grants the rezoning. With that we go to the Town Planning Board, we will file our application with them immediately, but traditionally they do not like to hear applications until all the preliminary work has been complete. COUNCILMAN MONTESI-At what point would you be purchasing the land? How do we work that into the, how do you see it, you do not want the land—part and parcel of this would have to be an agreement that, a gentlemens agreement a tentative agreement that, a contract I guess would be more in keeping with the tenure, a contract to purchase if this and that happens. MR. STEWART-One of two things either that you would, first of all you are going to want to get appraisals put together, establish the fair value of the land, probably got to do some negotiating as to price, assuming that can be worked out we can either enter into a contract from commitment to buy at that price contingent upon getting the zoning change or an option is another way to do almost the same thing. But, yes, you are correct we would not want to buy the land if we cannot expand because we do not need it. Then it goes to the Town Planning Board who will have already, who would have had it in front of them for months at least on their file, I am sure that they will have read it, whether or not they will entertain us in October, I doubt, probably November and it would be our hope that by the end of December is all goes smoothly and if you agree with our proposal that we might have all of our approvals in place. Lou can talk to you and he will in a moment on the time table of construction and I, that is really not my cup of tea, but knowing Pyramid and watching them over the years, they are doers, and not talkers, things will start to snap then. COUNCILMAN MONTESI-In a positive way and I do not mean this in a derogatory sense but it should be noted just for the public this is not a casual water line that you would be moving this is a 24" main transmission line that services this part of the town. It is a positive way, I mean this is a major undertaking by your firm or your client to move that line and just so 176 the public realizes it is not a small little water line you are moving. MR. STEWART- A couple of points, it is a significant undertaking you are exactly correct, number two a lot of engineering planning in connection with it will go on it in our part, number three nothing will be done without the approval of your water department who has the authority and control over this so we will be checking with them every inch of the way as to how when and where it is done and then finally bear in mind it supplies all of the water to the mall so we are the last people in the world that want to in any way foul that up because we would kill ourselves. So we are very conscious that, this has to be thoughtfully carefully with top engineering advice all the way along the line. Can I answer any other questions, if not, Mr. John Meyer. MR. JOHN MEYER-Good evening, my name is John Meyer, I am from Armonk, New York, in Westchester County and I was in the other Town Hall about 15 years ago in connection with— the original development of Aviation Mall, I was the engineer on that project. At that time we had some work to do on the existing water main also and I quite agree Mr. Montesi that the 24" main is not a small undertaking I put several of those in and the southern part of New York State in connection with major water systems for cities and what we are proposing here subject to the approval of the Town Water Dept. to start right off with is to install a new 24" main and come to within approximately 10' of the existing main and then connect the last 10' on either end during off times such as a Sunday morning say from 12 to 6 on Sunday morning. But those negotiations and details will have to be worked out with the water department. It certainly has been done before, and as Bob has indicated not only do we not want the town out of water but the mall needs water as well. To go back briefly and I do not want to take too much time, I will go over to the site plan, the proposed project involves primarily the western portion of the site where the existing J. C. Penny's store will be converted to mall stores and shops a new J. C. Penny will be constructed on the extreme west end of the site a second, a fourth department store will be built to the southern end and an expansion to Sears is proposed. Total square footage addition is about 106,000 sq. feet and to support that additional retail space additional parking will be constructed. The current parking facility has space for about 2400, for exactly 2467 spaces with the mall addition there will be and increase in the parking area to 2950 spaces or about 500 spaces additional. The parking ratio, that is the number of cars for each 1000 sq. ft. of gross leasable area at the current time is about 5 and that same ratio will be maintained in connection with the expansion of the center. In actual fact that with the 5 ratio the center would require 2946 spaces we will have 2950 spaces. You might ask why do we have so few extra spaces, the answer to that is that the studies that I have done, I have designed many thousands of shopping centers across the United States and studies which have been done by organizations like the Urban Land Institute and the International Council of shopping centers and the Institute of Traffic Engineers have made studies of actual — of actual parking requirements and traffic conditions at malls of different sizes including a mall of the size that we are talking about here. They have come to the conclusion all including peak seasons are served in a mall of about this size with a ratio of 5 cars per 1000 sq. ft. In fact a smaller mall would require somewhat less of a ratio and a larger mall would require more of a ratio. Originally, 15 years ago the reverse was thought to be true but they have made studies of numerous shopping centers throughout the country and in New York State and find that bottom line here, 5 ratio will serve even the busiest days during the Christmas season and of course the single busiest day, the day after Thanksgiving, the Friday after Thanksgiving. With respect to traffic on this particular site, number one we have three point of access, one opposite Greenway Road on the westerly side of the site an entry in the center of the site and the major driveway in the vicinity of Sears. Those were constructed in connected with the previous development and they have adequate capacity to handle the additional traffic which will be generated as a result of this improvement to Aviation Mall. There is adequate capacity in those roadways and driveways to serve that additional traffic. In addition the State had made numerous improvements to the roadway system in this area the double left turn northbound on Route 9 to Aviation Road, the revamping of the traffic signals at the Sears entrance and Greenway North provide additional . . . that is loop detectors which sense cars destined in-bound and outbound to and from the Mall and they improve the efficiency of traffic in the area. I personally have noticed that at 9 and 254 that intersection works measurable better now that they have the double left turn lane. and they have improved not only the geometry but the intersection as well. Our original projects have pretty much been lived up to about 57% or just under 60% of the traffic comes from the east on via Aviation Road and a little less than 40% comes from the west from Aviation Road and I87 from the Northway and 6% comes from Greenway Road which utilizes that street from Route 9. The return traffic is about the same in terms of percentages, we expect somewhere between 100 and 200 vehicles per hour of additional traffic in connection with the mall expansion and that is somewhere between about 20 to 30 cars per minute using all of the entrances. Again, there is adequate capacity to accept that traffic. We will not be diminishing the level of service which is an engineer, traffic engineer's measure of the level of operation on a roadway on any of the driveways or any of the sediments of the roadways involved including the 9 and 254 entrance, intersection, that is. With respect to dr-iinage on the site we will be adding paving in connection to the additional parking which is to be constructed within the portion of Mr. Woods property and a portion of the land owned by the Town, which has been requested for conveyance to Pyramid. 1'7"7 That additional parking will create additional runoff and the additional runoff is to be handled by means of underground recharge galleys which are constructed underneath the proposed parking area, catch basins will drain the surface of the parking lot there will be underground storage galleries which will be set in crushed stone and they will recharge the drainage water back into the soils. In addition the existing pair of detention basins west of Caldor will remain, the amount of drainage going into those will be slightly diminished because of some rearrangement of underground drainage structures. They currently have adequate capacity to handle the drainage from the existing mall and the mall building roofs. With respect to sanitary sewer the new town sanitary sewer in Aviation Road will be utilized by the mall, the mall is currently on septic systems, there is a septic system in the front along Aviation Road and one behind Sears. The renovation and expansion of the mall will also involve a two stage process whereby the mall will be tied into the existing and new sanitary sewer along Aviation Road. So, the mall will be taken off septic, the underground leaching facilities will no longer leach sewage they may be used in part as the drainage system and the septic tanks will be eliminated. So, there will be a direct connection of sanitary sewage into the town sewer. We have submitted as part of the documents which your Board has received an environmental assessment form and various attachments including a traffic study which was prepared by my firm and a drainage report which supports the calculations and the plans which are quite detailed incidentally. The plan, normally for a rezoning, less detailed plans if any would be submitted it was decided by the Pyramid Companies to disclose all of the program that they are proposing in complete detail so that a full evaluation can be made by your Board and various other Boards of the Town, County and State. We do not anticipate having to obtain additional traffic improvements for any roadways because as I indicated to you there is no change in level of service. There will be safe and efficient handling of traffic after expansion of the mall. I think in a large part the improvements have provided additional capacity on the roadway to accept an eventuality such as we have here. COUNCILMAN MONTESI-Mr. Meyer, just to clarify something for me, it is interesting, you said 60% from the east, approximately 40% from the west and you use a 6% figure from Greenway, are you sure it is Greenway you are getting 6% ? MR. MEYER-Yes, I am sure, we actually did counts out there it is 57% from the east 37% from the west and 6% from Greenway, they come up Greenway, I think it is Greenway Drive traffic enters by a McDonalds and comes up through that way. COUNCILMAN MONTESI-Ok. COUNCILMAN KUROSAKA-Kentucky Fried Chicken. MR. MEYER-Kentucky Fried Chicken, also. COUNCILMAN MONTESI-Local's know about this... MR. MEYER-There is nothing illegal about that of course, it is possible to do it in a safe manner. I do not know if it was particularly intended to be that way, but I wanted to disclose to you what the conditions are. COUNCILMAN MONTESI-It is a meaningful figure. MR. MEYER-Yes, it is I was rather surprised. I think at this point in view of the hour that I will conclude and just say that 1 would be happy to answer any questions, I had a brief talk with Mr. Kurosaka about engineering and I am sure that we will be having many more talks as we go on, I thank you. Now, I would like Jeff Anthony to continue. MR. JEFF ANTHONY-Thank you John. Good Evening, my name is Jeff Anthony and I am a landscape architect for the LA Group in Saratoga Springs. We have been retained by the Pyramid Companies as the project landscape architects and environmental impact analysis. Tonight what I would like to present to you, briefly is a discussion of the proposed landscape scheme for the proposed mall additions. Basically our intent here is to match as closely as possible the new landscaping with what exists at the mall today. We are going to strive so that the project in its final form looks fairly uniform throughout the sites so you do not see a wide difference between existing and proposed situations. Most of the landscaping proposed on the projects site will be at its western end to the west of the proposed new Penny's the south of the proposed new department store and up front in the area where the parking will be re-laid out. Landscaping is primarily going to take the form of trees and other plant materials in islands in the parking lot and access roadway around the site, and fairly detailed planting schemes near the building entrances and close up to the buildings as you see the situation today. The only other area on the site that has planting in parking areas is the proposed new parking lot to the south of Burger King and again this area will receive planting in the islands landscaping around the peripheries and a substantial buffer to the north and around three other sides of the proposed lot. Today there is currently is a situation to the west of the existing J.C. Penny's store where we have a relatively steep bank it has always been some what of an eye sore and 178 back in 1985 or 6 or so when the mall innovated its site at that point an attempt was made to revegetate that hillside with some plant materials. Today that hillside is going to be pushed back away from the existing and proposed J.C. Penny's store and it is going to be closer to the Northway but there still will be a bank there. There will be a relatively high bank and again this is going to be sandy and dry as it is today. What we are proposing to do is a rather rigorous treatment of that hillside using strom mat, which is a new type of mulch which will actually help to protect the slope from erosion as well as provide a growing media for landscape materials and on that we are going to hydro-seed crownvetch and birdsfoot treefoil to get a good growth of ground covers in that area. The overall perception of the project site really is going to remain relatively unchanged to the passerby. The person driving by on Aviation Road when they look into the site is really going to see almost identically what the person will see today. This parking lot will be totally screened from view of Aviation Road and the areas to the west here are so far back in the project site and they will be receiving rather substantial landscaping in the parking lot as shown in this area right in here in terms of street--- trees and other landscaping in the parking bays, that the views from Aviation Road really will remain very similar to today. And, again, the view into the project site from the Northway whether you are traveling northbound or southbound will remain totally blocked. This hillside will remain, it will be vegetated and you will not be able to see into the mall site from the Northway. Basically that is the end of the landscaping proposal in your package of information that you have or will be given to you tonight there are detailed landscaping plans for the proposed project and these plans will be discussed in detail with the Towns Beautification Committee we will get their advice and we will get their input into the proposed plant materials and as you know we will be going to the Planning Board who will obviously consider landscaping and buffering a vital point of the project. With that 1 would like to turn the project back over to Bob Stewart who is over there, he moved, and you can continue. MR. BOB STEWART-I do not have much more to say I have had a chance to say it all I was going to talk with the time table but Ron nailed that down ahead of time, I have enjoyed representing Pyramid Mall since 1973 I am really looking forward to this, I think it is going to be a very exciting thing for me, for the Town and I hope it is going to be very, very beneficial. My parting request as I came in tonight, I spoke to Paul Dusek who told me he could give me some time tomorrow to go over all the forms and make sure that he would steer me thorough that I have not left out any is and is and make sure that our application met any technical requirements this town might have. Assuming that for a moment, my parting request is to request that this Town under the requirements of the SEQRA provisions instruct your staff to forward this on properly to the other boards and start the 30 day period for the lead agency status so that technical portions of it can get started. It is not our attempt to rush this in any way we want everyone to take full fair time to deliberate and debate any issue that may come up but I hate to see months and months of dead time because somebody forgot to send ' the application from A to B within the required 20 or 30 day period, so that is really our request tonight I am going to turn it over to Lou to say good by and answer any questions you might have other than that, Thank you. COUNCILMAN MONTESI-Lou, I have one question in a very positive way, obviously the Town benefits and all of the taxpayers from a project of this sort because sales tax revenues increases because sales increase, have you put a number or a tentative number what kind of dollars we are talking about in increase in sales or.. MR. GAGLIANO-Projected right now, Ron, during the construction phase we project there is going to be 300 jobs during the construction phase alone, once the expansion and the project is completed and opened and leased it should add an additional 200 jobs to the area. Projected increase in payroll would be just about 2 1/2 million dollars for that portion of the expansion alone. COUNCILMAN MONTESI-Based on projections and again the total expansion is approximately 20% of the building area we project sales would increase between 10 to 15 % so you could increase tax revenues by a significant amount. I just want to make a couple of statements in closing there are packages behind the Board, we have brought a set of 40 scale plans and all of the supporting documentation for each one of you to take with you tonight, I have also left some for the Town Clerk and the Town Attorney to use as we move forward. You sense I a nervous, its nervous excitement more than anything, we have been working on this for a number of months this is a customer driven project again for the last three years we have been performing a lot of focus groups customers surveys and they tell us this is what they want, they want more upscale ladies ...they want better quality sit down restaurants, they` want more services. Our Casual Corners store came in and is currently doing three times what they projected what they would do when they first came and that's an indication what the market wants and what the markets needs. I would be remiss if I did not mention as well that we are increasing in this expansion a number of our customer services, adding a third set of restrooms, including baby changing stations in both the men and women's restrooms, adding a full service in line customer service center for gift wrapping package check, coat drop off, that type of service. Again, this is what the customers today want and that is what Pyramid and Aviation is trying to provide in Queensbury. 179 COUNCILMAN MONAHAN-When you talked about sets of plans is there one there for the Planning Dept. because I think the sooner we get our professionals involved in this the better. MR. GAGLIANO-The ones behind you Mrs. Monahan, are for the Board, I do have, I believe the Town Attorney needs to send some on to the other agencies, I was going to contact the Planning Dept. tomorrow, I believe they need a number of sets. SUPERVISOR BORGOS-I think and again our Town Attorney is here for this reason, I think our first step this evening if the Board so desires would be to officially send the request for rezoning to the Planning Dept. in which case they would get the request for rezoning and information, they then would look at that send it to the Planning Board. _. ATTORNEY DUSEK-Yes, also the SEQRA part of it should be started at the same time because the environmental studies all go hand in hand and SEQRA said they should be done to the extent possible together. SUPERVISOR BORGOS-Perhaps right after the end of this presentation we could talk in more detail and see if the Board wants to take action, and what resolutions are required and we can get started. COUNCILMAN MONTESI-Paul, is it your understanding and Bob, maybe you could clarify that, is it your feeling that you want this Town Board to establish itself as lead agency, that has come as a request on other projects that we have had I am not sure who would take more jurisdiction in the planning, the Town Board except maybe the Planning Board. MR. STEWART-There are three involved agencies, the Adirondack Park Agencies involved is...it would be absurd even to consider them being the lead agency. SUPERVISOR BORGOS-You will have agreement with this Board. MR. STEWART-That leaves the Town Planning Board and this Board question and there is a procedure as how you proceed we would be absolutely delighted to have this Board be the lead agency. But it is a decision for you to make, I do not have the right to come and dictate to you what you will or will not do, but if you want to be lead agency we would be absolutely delighted. SUPERVISOR BORGOS-We will take a quick vote when it is appropriate. MR. LOU GAGLIANO-Are there any other questions I can attempt to answer at this point? SUPERVISOR BORGOS-Let me just comment on behalf of a personnal opinion and feeling, I am delighted with the proposal I am impressed with the thoroughness of the proposal at this phase, I do not think we have ever seen a project come in this complete this early, it is clear to me that you are very serious I personally have no problem agreeing to the sale of the narrow strip of town property we undoubtedly have to negotiate a price that is fair and reasonable to all and Lou and I smile at one another, we talked about this, we will have to have several cups of coffee, I think it is good to see someone putting dollars up front to say that they believe in this community that it is a positive and optimistic statement about the future of this community in light of world situations at the moment which I believe will be resolved very quickly, I still delighted again to see a positive statement. I think you have shown your concern for the shopping public by doing many of the things you have proposed which have not been done locally in other places or even in larger municipalities. I am please very honestly to see a little competitiveness between here and some things happening to the south of us. I think that is very nice, it should make it more convenient for all of us and very honestly because I have a strong belief in competition if you get better they will be better and the consumer is going to benefit in the long run and we will all live happily ever after. So, my personal feeling is I support your proposal I am anxious to see it go and whatever I can do to help it move I certainly will do. Any other Board Members want to make comments? LOU GAGLIANO-Thank you for having us. Have a nice night. SUPERVISOR BORGOS-Thank you very much. COUNCILMAN KUROSAKA-You just about said it all Steve. 180 OPEN FORUM CONTINUED 915 P.M. PLINEY TUCKER, WARD 4, QUEENSBURY-Noted that the "No Parking Zone" on Corinth Road is working. Asked where the contract for the Sheriff's Department is at? SUPERVISOR BORGOS-Noted that a review by the Town Attorney concluded that the October lst deadline in the initial set of contracts did not carry through to the present contracts. He also concluded for the dollars we pay we are entitled to special specified extra services some of which were not carried forward into the renewals, some which have been carried forward. Noted that at the moment they are in discussion with the Sheriff, and Chairman of the Board of Supervisors of Warren County, expressing our concern. The subject will brought again to this group of people in the next several days and discussed at length. PLINEY TUCKER-Asked about Ciba-Geigy? SUPERVISOR BORGOS-Noted that a letter has gone to Ciba-Geigy. Talked with Ciba-Geigy officials this morning they have not yet received it, noted that this is progressing. PLINEY TUCKER-Noted that Kathleen Kathe had talked to Niagara Mohawk about the street lights that George requested was told that it was going out on the work order the next day and within two weeks there would be something done on it. Noted that at the present time there hasn't been anything done. SUPERVISOR BORGOS-Will check on this tomorrow. PLINEY TUCKER-Noted that the lights at Stevens and Corinth Road was out and Connecticut Avenue and Corinth Road was out. BARBARA BENNETT-Dixon Road, Queensbury. Noted on the Transfer of Funds this was the second one in a row that was being transferred for radios. SUPERVISOR BORGOS-Noted that this was for the Highway Department who are updating the radios in their trucks. COUNCILMAN MONTESI-Noted that on Fort Amherst Road and Glen Street on the city side the light keeps going on and off. .OPEN FORUM CLOSED SUPERVISOR BORG OS-Discussed with the Board the status on the Census and the lighting at the Queensbury Tennis/Basketball Courts. Noted that the new electrical control boxes which will be facing Aviation Road are going to exposed on a piece of plywood mounted. Recommended to the Board that at some future date the box be enclosed. RESOLUTIONS RESOLUTION TO SUBMIT PROPOSAL TO CREATE NEW ZONE AND REZONING REQUEST TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 550,1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Pyramid Company of Glens Falls has indicated a desire to expand the Aviation Mall, located off Aviation Road in the Town of Queensbury and has also requested that a new zone be created in the Town of Queensbury with proposed language having been submitted to the Town Board and that said property consisting of the Aviation Mall off of Aviation Road be rezoned to include the said new zone and WHEREAS, a letter form petition and other documents including SEQRA documents have been submitted to the Town Board in support of the aforesaid creation of a new zone and rezoning of the Aviation Mall property, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates its desire to consider 181 the creation of a new zone and the rezoning of the Aviation Mall property and be it further RESOLVED, that the Town Attorney is hereby directed to with the assistance of the Applicant and Planning Dept. ascertain all agencies that may be involved in granting any approvals necessary for the creation of a new zone and the rezoning of the properties owned by the Pyramid Company of Glens Falls and be it further RESOLVED, that the proposed letter form application for rezoning of the aforesaid Aviation Mall property and the proposed new zone and all other documents including SEQRA documentation submitted by the Pyramid Companies of Glens Falls in support thereof, together with a petition for rezoning to be completed by the Pyramid Mall Companies of Glens Falls to the satisfaction of the Planning Department of the Town of Queensbury is to be submitted to all involved agencies as ascertained by the Town Attorney as indicated herein and that said agencies be notified that the application for rezoning has been submitted and that a proposed new zone is desired to be created and that it is necessary in connection with the SEQRA requirements of the State of New York that a Lead Agency be agreed upon within 30 days and that the Town Board of the Town of Queensbury desires to be Lead Agent and be it further RESOLVED, that copies of the aforesaid application and petition for rezoning together with the proposed language of the new zone shall be also distributed and circulated to the Planning Department and the Planning Board for their review and consideration and to any other agencies who under the ordinance must be given preliminary copies of the documents described herein. Duly adopted this 1st. day of October, 1990 by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 5511, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of August 10th, 20th, and 30th, 1990. Duly adopted this lst day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 552, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of September 6th, 1990. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSTAIN:Mr. Kurosaka RESOLUTION APPROVING MOBILE HOME BUILDING & ZONING PERMIT RESOLUTION NO. 553, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Penny J. Liapes previously filed an application for a mobile home outside a mobile home court permit in accordance with Paragraph 2, Section 4, of the Ordinance #12 For The Regulation of Mobile Homes and Mobile Home Courts in the Town of Queensbury, to temporarily locate a mobile home at property situated at RD #3, Warren Lane, Queensbury, New York, 184 and WHEREAS, Paragraph 2(a), Section 4, of said Ordinance #12 allows the Town Board of the Town of Queensbury to grant a temporay permit, for a term of three (3) months, for the parking or placing of a mobile home outside of a mobile home court, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds that the application of Penny J. Liapes is satisfactory, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury, pursuant to Paragraph 2(a), Section 4, of Local Law #4, 1986, hereby authorizes the Town Clerk to grant a three (3) month permit to park a mobile home outside of a mobile home court, allowing Penny J. Liapes to place a mobile home on property located at RD #3 Warren Lane, Queensbury, New York, in accordance with the terms of the Ordinance. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SUBMIT REZONING APPLICATION TO THE PLANNING BOARD RESOLUTION NO. 554, 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 been presented with an amendment supplement change and or modification of the Town of Queensbury Zoning Ordinance which was adopted October 1, 1988 and more specifically concerning a parcel identified as having tax map numbers 108-1-1 and 108-1-2 such amendment to the Zoning Ordinance to be a change from single family residential 20,000 sq. feet to Highway Commercial -1 Acre and WHEREAS, the Town Board of the Town of Queensbury is desirous to transmitting said application for rezoning to the Planning Department and Planning Board for their comment and review prior to any further action, NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby directs that the petition for change of zone be sent to the Planning Dept. and Planning Board for comment and review which comment and review shall be furnished to the Town Board at the earliest possible date. Duly adopted this 1st. day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos NOES: Mrs. Monahan ABSENT: None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 555, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Assessor has requested a transfer of funds, and WHEREAS, said request has been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the following funds be transferred: ASSESSOR'S OFFICE FROM TO AMOUNT 183 A0951355.440' A0951355.414 $800.00 (Misc. Contractual) (Travel) Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING REPURCHASE OF CEMETERY PROPERTY RESOLUTION NO. 556, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Board of Cemetery Commissioners of the Town of Queensbury previously sold to Douglas and Marjorie Tilford, a certain lot of land in the Pineview Cemetery, and WHEREAS, Douglas and Marjorie Tilford have given notice in writing to the Board of Cemetery Commissioners that they wish to sell the property and offer the same to the Board of Cemetery Commissioners, and WHEREAS, the Board of Cemetery Commissioners has indicated a desire to repurchase said property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a payment by the Town Supervisor of the purchase price less the amount set aside for perpetual care upon the proper filing and approval of a fully executed voucher. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 557, 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, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Michel Legault, on behalf of Bayberry Corners Restaurant, Inc., has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.030 (b), such standard providing as follows: No comment of a leaching facility shall be located under driveways, roads, parking areas, or areas subject to heavy loading," and WHEREAS, Michel Legault, on behalf of Bayberry Corners Restaurant, Inc., has indicated a desire to place a component of a leaching facility under a parking area, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 15, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Michel Legault on behalf of the Bayberry Corners Restaurant, Inc., to place a component of a leaching facility under a parking area on property situated at the corner of Bay Road and Route 149, Queensbury, New York, and bearing tax map no.: Section 51, Block 1, Lot 41, at that time all persons interested in the subject thereof will be heard, and 184 BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 558, 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, by operation of Law, the Local Board of Health for the Town of Queensbury, and as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury, to issue variances to such Ordinance, and WHEREAS, Marie Fasulo, on behalf of Frank's Pizza, has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.030 (B), such standard providing as follows: "No component of a leaching facility shall be located under driveways, roads, parking areas, or areas subject to heavy loading," and WHEREAS, Marie Fasulo, on behalf of Frank's Pizza, Inc., has indicated a desire to place a component of a leaching facility under a parking area, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 15, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Marie Fasulo, on behalf of Frank's Pizza, to place a component of a leaching facility under a parking area on property situated on Route 9, Queensbury, New York, and bearing tax map no.: Section 34, Block 1, Lot 11, at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARI SEWAGE DISPOSAL ORDINANCE — RESOLUTION NO. 559, 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, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and 185 r WHEREAS, Ms. Eleanor K. Rowland has applied to the Local Board of Health of the Town of Queensbury for two (2) variances from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table I, must be met. The separation distance required for holding tanks shall be the same as required for septic tanks," APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES WASTEWATER WELL OR TO STREAM SOURCES SUCTION LAKE OR LINE (a) WATER PROPERTY LAKE GEO1 COURSE (c) DWELLING LINE AND TRIB; it it it it n IT _Absorption 100' (b) it if 10, if Field if It It if IT (b) Sewage disposal systems located of necessity upgrade in the general path of drainage to a well shall be spaced 200 feet or more away. WHEREAS, Ms. Eleanor K. Rowland has indicated a desire to place the absorption field 70' from the well, rather than placing it at the mandated 100' distance, and 6' from the property line, rather than placing it at the mandated 10' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 15, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for two (2) variances of Ms. Eleanor K. Rowland to place an absorption field 70' from the well and 6' from the property line, on property situated on the west side of Ridge Road, Queensbury, New York, and bearing Tax Map No.: Section 27, Block 1, Lot 17.3, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 560, 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, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Mr. Donald King has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table 1, must be met. The separation distance required for holding tanks shall be the same as required for septic tanks," 186 APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES WASTEWATER WELL TO STREAM SOURCES SUCTION LAKE OR LINE(a) WATER PROPERTY LAKE GEORGE COURSE(c) DWELLING LINE j AND,TRIBS. it Ir 11 II TI 1I Absorption 100' (b) " If it If it 11 if If It It (b) Sewage disposal systems located of necessity upgrade in the general path of drainage to a well shall be spaced 200 feet or more away. and WHEREAS, Mr. Donald King has indicated a desire to place the absorption field 64' from the well rather than placing it at the mandated 200' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 15, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Donald King to place an absorption field 64' from the well on property situated on Antigua Road, Plum Point, Queensbury, New York, and bearing Tax Map No.: Section 1, Block 1, Lot 7, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE OF SANITARY SEWAGE DISPOSAL ORDINANCE RESOLUTION NO. 5611, 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, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Section 5.035 of the Sanitary Sewage Disposal Ordinance of the Town of Queensbury to issue variances to such Ordinance, and WHEREAS, Mr. Robert D. Casey has applied to the Local Board of Health of the Town of Queensbury for a variance from certain standards of the Sewage Disposal Ordinance set forth in Section 3.050-5, such standard providing as follows: "Horizontal separation distances from wastewater sources, as provided for in Appendix A, Table I, must be met. The separation distance required for holding tanks shall be the same as required for septic tanks," APPENDIX A TABLE I - HORIZONTAL SEPARATION DISTANCES FROM WASTEWATER SOURCES WASTEWATER WELL OR TO STREAM SOURCES SUCTION LAKE OR PROPERTY LAKE GEORGE LINE (a) WATER DWELLING LINE AND TRIBS. If it If II If fi Seepage Pit It If " 10' " if 1T It fI II it X8'7 and WHEREAS, 1VIr. Robert D. Casey has indicated a desire to place the seepage pit 6.6' from the property line rather than placing it at the mandated 10' distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on October 15, 1990, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for a variance of Mr. Robert D. Casey to place the seepage pit 6.6' from the property line on property situated at 584 Dixon Road, Queensbury, New York, and bearing Tax Map No.: Section 91, Block 5, Lot 9, and, at that time, all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 1st day of October, 1990, 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., 562, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, certain departments have requested transfers of funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office a_ and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: HIGHWAY DEPARTMENT FROM TO AMOUNT A3053310.440 A3053310.416 $7,000.00 (Misc. Contractual) (Signs) A3255010.137 A3255010.201 $12,000.00 (Construction Supr.) (Office Equip.) A3255010.137 A3255010.205 $ 2,000.00 (Construction Supr.) (Radios) A3255010.137 A3255010.401 $ 200.00 (Construction Supr.) (Office Supplies) A3255010.137 A3255010.410 $1,500.00 -- (Construction Supr.) (NYNEX) FROM TO AMOUNT D1655110.194 D1655130.448 $6,000.00 (Parts Shop Asst.0 (Tires) 18€3 Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mr. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION ESTABLISHING HIGHWAY GARAGE CAPITAL PROJECT FUND AND AUTHORIZING TRANSFER OF FUNDS RESOLU'T'ION NO. 563, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing a capital project fund and establishing appropriations fo, improvements to the Highway and Garage Buildings, and WHEREAS, all of the funds in fund no.: H-55 ,Highway Garage Roof) will not be needed for the project for which it was established, as the project, as contemplated, will not be undertaken, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the establishment of a capital project fund to i e known as the "Highway Garage Improvements Fund" for purposes of making improvements .o the Highway Garage Roof and for purposes of making improvements to the interior pat is of the Highway Building to arrange for a conversation of the same from the courtroon facilities that currently exist to the facilities that will be used by the Highway Department., at an estimated cost not to exceed $21,845.00 or the balance of fund no.: H-55 (Highway Garage Roof Fund), whichever amount is less, and BE IT FURTHER, RESOLVED, that the Town Board of the Towa of Queensbury hereby establishes appropriations for said new capital project fund, in the amount of $21,845.00, or the current fund balance of fund no.: 11-55 (Highway Garage Roof Fund), whichever amount is less, and BE IT FURTHER, .RESOLVED, that the source of funding for the above-identified capital project fund shall be from a transfer of funds from fund no.: H-55 (Highway Garage Roof Fund), upon the transfer, said garage roof fund to be closed, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury finds that the Highway Garage Roof Fund will not be needed, as the repairs contemplated for the roof have been reduced in scope, and that funds in said fund shall be used for general improvements to the Highway Garage Building, which improvements shall include, among other things, minor repair to the roof, and a conversion of existing court facilities to Highway Department facilities, 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 transfer of funds, and the implementation of the improvements to be made to the Highway Garage, and BE IT FURTHER, RESOLVED, that the 1990 budget for the Town of Queensbury is hereby amended in accordance — with the above. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Burgos NOES: None ABSENT:None 189 RESOLUTION INCREASING APPROPRIATIONS IN QUEENSBURY SCHOOL PARK FUND RESOLUTION NO. 564, 19902 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury, by previous resolution, has established a capital projects fund, which fund is being used to make certain improvements to tennis courts and basketball courts located at the Queensbury School, and WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for some extra work to be performed in connection with the aforesaid improvement project, such extra work to consist of placing additional lights and electrical controls for the purposes of lighting an ice-skating rink providing electrical service for said lighting, and heating a warming hut, and providing underground electrical service, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby first authorizes and directs the Town Supervisor of the Town of Queensbury to enter into change orders in the existing contract, which has been let for the purchase and installation of lights for the tennis courts and basketball courts to include additional lights and electrical controls for the ice-skating rink and warming but located in the general vicinity of the tennis courts and basketball courts and underground electrical service, such change order not to exceed the amount of $10,500.00, and BE IT FURTHER RESOLVED, that the appropriations in the Queensbury School Park Fund (H-54) are hereby increased to the amount of $85,500.00 and, BE IT FURTHER RESOLVED, that payment for the aforesaid change orders shall be from the Capital Project Fund currently in existence for the tennis and basketball court improvements, with said capital fund to receive increased appropriations form a transfer from unappropriated fund balance, (surplus funds) or in the alternative and as a preference by a further withdrawal from the reserve fund known as R-11 and entitled, Capital Reserve Fund, such funds to be placed into the capital project fund currently in existence for the improvements to the Queensbury School Park, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby directed to make such transfers of funds as are authorized by this resolution, and make such entries in the accounting records of the Town of Queensbury, as maybe necessary to implement the terms of this resolution, subject to permissive referendum, if any are necessary. Duly adopted this 1st. day of October, 1990, by the following vote: Ayes: Mr. Kurosaka, Mr. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL RESERVE FUND RESOLUTION NO. 565, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury has previously established a capital reserve fund for future recreational developments, and WHEREAS, the Town Board of the Town of Queensbury has contracted for the purchase and installation of lights at the Queensbury School tennis and basketball courts, and WHEREAS, the Town Board of the Town of Queensbury desires to withdraw and expend moneys from the said reserve fund in the additional amount of $10,500.00 for change orders to the aforesaid Queensbury School tennis courts and basketball courts, lighting contract, said change orders to include additional lights and electrical controls for the ice-skating rink and warming 100 but located in the general vicinity of the tennis courts and basketball courts and underground electrical service, at a cost not to exceed $10,500.00, and WHEREAS, the Town Board of the Town of Queensbury is authorized by Section 6 (c) of the General Municipal Law of the State of New York to withdraw and expend funds from the aforesaid capital reserve fund, moneys in accordance with the terms and conditions set forth therein, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $10,500.00 to fund the aforedescribed project, change orders such funds to be placed into the capital project fund— and the Town Board of the Town of Queensbury hereby further directs that in the event there are funds remaining in said capital project fund after the completion of the project and change order, the moneys in the capital projects fund shall be returned to the capital reserve fund, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the withdrawal and expenditure for the previously identified recreation project at Queensbury School is an expenditure for a specific capital project or items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the resolution shall be subject to a permissive referendum in accordance with the provisions of Article 7 of the Town Law and the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post such notices and take such other and further actions as may be required by law. Duly adopted this lst. day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: None RESOLUTION REGARDING VOLUNTEER FIREFIGHTERS SERVICE AWARD PROGRAM PROPOSITION RESOLUTION NO. 566, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Clerk and the Town Attorney for the Town of Queensbury have prepared a Proposition and Abstract concerning the Volunteer Firefighters Service Award Program, which Proposition and Abstract is to be submitted for the approval of the electors at the general election to be held on November 6, 1990, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the aforesaid proposition and abstract of the Local Law, the'Town Board of the Town of Queensbury hereby finds that the said documents are consistent with the type of documents that the Town Board of the Town of Queensbury anticipated would be created at the time the said Local Law was adopted, and that the same should be submitted for the approval of the electors. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None Discussion was held and it was agreement that a press release would be done. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 567, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: 191 . RESOLVED, that the Audit of Bills appearing on the Abstract of October 1st, 1990 and numbering 90 - 4577 thru 90 - 4876 and totaling $247,141.41 be and hereby is approved. Duly adopted this lst day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None (Town Clerk presented Board Members with copies of the Tentative 1991 Budget) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 568, 1990 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 hereby moves into Executive Session to discuss the following: personnel, litigation, assessment litigation, attorney/client matters. Duly adopted this 1st day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO RECONVENE RESOLUTION NO. 5699 1990 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 hereby moves back into Regular Session. Duly adopted this lst day of October, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO AUTHORIZE SETTLEMENT OF A CERTAIN PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE RESOLUTION NO. 5701, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the School Tax Year 1990-1991 and the Town/County/Special District Tax Year for 1991 tax assessment rolls as indicated and as follows: 56-5-8.1 - David Wasser, Sam Schwarts, Marion Schwartz,- David Krantz, Florence Krantz, Harold Schram, Ronnie Schram, Allyn V. Fehl and Marcia Krantz - to be assessed at: 1990 - $165,000 Duly adopted this 1st day of October, 1990, by the following vote: 192 AYES: Mr. Kurosaka, M^s.,Po'__enza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY TOWN OF QUEENSBURY Bay at Haviland Road, Queensbury, NY 12804-9725 (518)792-5832 A JULY 19. 1991 TO WHOM IT MAY CONCERN Please note that Resolution No. 567. of 1990 reflects the figure of $247, 141. 41 for the abstract of October 1. 1990 this was a typographical error ano snoula reflect he `igure or $398, 884. 13. Respectfully, Miss Darleen M. Dougher Town Clerk—Queensbury n "HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 178