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1989-11-01 SP SPECIAL TOWN BOARD MEETING NOVEMBER 1 , 1989 5 :00 P.M. TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek Supervisor Borgos-Called the meeting to order— Spoke on the 1990 Budget . . .General Tax_ Rate should stay the same for next year, in order to do that my recommendation is to apply from the Fund Balance $1 , 582, 370 . 00 . . . this would leave .44 per thousand tax rate . There will be 600 to 700, 000 left in the fund balance plus a contingency of 100, 000 plus a surplus from this year and an anticipated sales tax of _':, 800, 000 . we should end u,p with at least a million. Councilman Monahan-What have you pti.!-- in the budget coming up in estimated sales tax? Supervisor Borgos-$3, 800, 000 in 1990 Councilman Monahan-This is the largest figure that we have ever used to off set taxes . .my concern is if we get a couple of flat years economically, I do not want to have to raise taxes at a time when people are wondering if they are going }o have jobs . I think we have to get the surplus built up . . . "ouncilman Kurosaka-I believe we should have a surplus but not too large a one . ':supervisor Borgos-Spoke to the Town Board in regard to the County Budget, Queensbury being raised 1 cent all other communities going down. . .we have grown in assessed valuation in the County by 53 million dollars this year. . . I do not know the reason for this 1 cent incr, ease . . . Ce;� r.=�i. lraan Monahan-Recoit;mend.ed. t-l)at our accountants look into this situation. `',,tpe-rvisor Borgos-Noted to the Board that the only item that has not been finalized iS the Q'a.a.ker Road. Sewer Dist . one other component to drop in . . . Spoke on equipment installment.; purchase corlt:.ract , rina.ncing program approved by INYS . Association of Towns . . . (' , . i !man. Monahan-RequpP ,e-,3 t.h i o'+r Auditors review s. , , ° tjc�r'/i jc x" Bnr(_!07-l`90 P1.1 crP..'t ['t'r)I nr?l - General Fund Total $ 6 . Ca_l._2 , Q 7 0 . 0 0 (? , a c r-rt,.t n t s only) 1 )°9 General F,.,nd Total l :rpendi.t.ures: $6 , 1,25 , 183 . 72 a!>prn,Lima.tP11 rF,PO , OOC) i ncr°e,.�ra, -jitst over 10% H l '�'a�' pr-opoF,a -r%: , 463, 8 :2, . '71 t t_a1 e< pendittlre for 1989 rise and Emergency-1990 propns.a.l h 1 , 659, 950 .00 1989 at the lnnme nt, 2.71 c3.T)Y C }:.-3IlQF?$ LaOUld show a Crease of Just \.tmlex` 2 ce0­_ per thousand . . .there ? lie m9 c11a.9rp 4-).i l`,: tr;;,:, ' -? bring it flown t0 the /Highway/Cemetery pz"opcsa 1 10, 611 , 186 . 00 � cia.. Water Dist . propoGa.J for l99{) j/03 . $2 , 930 , 509 . 00 Other Dist. except sewer 1990 proposal $2, 889, 216 . 00 It appears that the Town Tax would be . 44 and fire/emergency 1 . 46 1/2 Noted that this is the preliminary budgets , copies will be available on Friday for the public . . . RESOLUTION REGARDING PREPARATION AND APPROVAL OF PRELIMINARY BUDGET v RESOLUTION NO._ 620, 19.89, Introduced by Mr. George Kurosaka W-11-6- wa moved for it-s adopti(-)n, seconded by Mr . Ronald Montesi : RESOLVED, that this Town Board having, prepared a Preliminary Budget does hereby approve as the Preliminary Budget for the Town and several districts therein contained for the Fiscal Year beginning on the first day of January 1990 the itemized statement of estimated revenues and expenditures hereby attached and made a part of this resolution, and be it further RESOLVED, that such Preliminary Budget shall be .filed in the Office of the Town Clerk where it shall be available for inspection by any interested person at all reasonable hours , and be it further RESOLVED, that this Board shall meet at 7 : 30 P.M. on the 8th day of November 1989 at the Queensbury Activity Center for the purpose of holding a Public Hearing upon such Preliminary Budget, and be it further RESOLVED, that the Town Clerk give notice of such Public Hearing in the manner provided in Section 108 of the Town Law, and that such notice lie published and posted substantially in the following form: NOTICE OF HEA'RI14G ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 1990 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1 , 1990 has been completed and filed in the office of the Town Clerk of said Town were it is available for inspection by any interested person ar all reasonable hours . FURTHER NOTICE is hereby given that the Town Board of said Town of Queensbury will meet and review said Preliminary Budget and hold a Public11paring at 7 : 30 F .M. , on th 8th day of November 1989 at the Queensbury Activity Center, Bay at r Havi land Reads, Queen sbux y,, New York, and that at such hearing any person may be heard in favor or against the Preliminary budget as compiled for or against any item or items herein contained . AND FURTHER .1d0'I'icE is .1her.reby pv.rsua.nt to Section 108 of the Town Law t'2at the following a.re proposed yearly salaries of Town Officers of this T^.-Tn. SU PPIJ1 SOR $50 , 000 - X10 PPP a.nn11m ` dld C^iJNCILMAT'4 (4) `3 9 , 5C)0 , 09 fl?rh per annl.im TGWN CLERK $'''e', , C?00 . 00 pe,- 1 ra`111!1 SUPT. OF HIGHWAYS $44 , 000 . 00 per annum TOWN JUSTICES( 2) $21 , x00 , 00 e?.c'!?. per annum P11 I y a-10 P t:e 11 tl-1i C 1:=t . day o f November, j.g89 I)y the following vote : Ayes : Mr. Ktiirosaka , Mrs . Pote il-a, rr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent:None Supervisor Borgos-noted that the Glens Falls Transit, called in with their updated figures this has been reflected in the preliminary budget. RESOLUTION OF AUTHORIZATION IN CONNECTION WITH SARATOGA ASSOCIATES LAWSUIT RESOLUTION NO. 1989, Introduced by Mrs . Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, by Resolution of the Town Board of the Town of Queensbury adopted on the 6th day of October, 1989, ' the Town Board of the Town of Queensbury authorized the Town Supervisor of the Torn of Queensbury to commence an action against Bristol , Litzynski , Wojick, P .C . d/b/a The Saratoga ' Associates , and WHEREAS , the Town Board of the Town of Queensbury is desirous of authorizing the Town Supervisor of the Town of Queensbury to execute and serve or arrange for service of all papers that may be necessary in connection with said lawsuit and communicate as may be necessary with the attorneys handling the litigation on behalf of the rol,:ia NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby directed and authorized to execute and sign an behalf of the Town of Queensbury and the Town Board of the Town of Queensbury all documents necessary to commence and, with the attorneys representing the Town, continue an action against Bristol , Litynski , Wnjrik , P . C . d/b/a The Saratoga Associates and to arrange for the service of papers and do _. such other and further things as may be necessary to maintain the action including the providing of the necessary documentation and the placing of the municipal corporate seal on such documents as may be necessary. Duly adopted this 1st day of November, 1989, by the following vote : Ayes : Mr. Kurosaka, Mrs . Potenza, Mr. Montesi , Mrs . Monahan, Mr. Borgos Noes : None Absent : None Supervisor Borgos-We have been asked if we would like to have placed somewhere a. s,culptll.re , it has been at Northcare and at the College . . . it i an outdoor metal sculpture . . .requested that the Board members view this and see if they want it placed at the Town Office . . . Asked if the Board was willing to take funding from the misc . contractual account to provide lights at the fire stat:.ions . . . at the LayafettF ;;t.r.eet, Queensbury Central Fire Station if N .Y . Fire and Signal does the project including the trenching and digging but not the boring under --� Lafayette St . and not furnishinll the signs it would be $4 , 690 . 00 . . . RESOLUTION TO APPROVE EXPENDITURE OF FUNDS RESOLUTION NO. 622, 1983, Intrnclurerl by Mr . George Kurosaka Trho moved for its adopti_�n., secondod by Mr . Ronald Montesi : YoS. RESOLVED, that the Town Board hereby approves the expenditure of P funds from Account coup _ Number F2853410440 for the purposes of installing the traffic control devices at Queensbury Central Fire Station at Lafayette Street. Duly adopted the ist . day of November , 1989 by the following .rote : Ayes : Mr. Kurosaka , Mrs . Potenza , Mr. Montesi , Mrs . Monahan, Mr . Borgos Noes : None i Absent : None DISCUSSION HELD IN REGARD TO PROPOSED FINANCING-Town Attol-rzey nusek reviewed the proposal with the Town Board . . . this is an equipment installment purchase c:ontr-act . . .there are a couple of things that the Board would commit themselves to, the first thing is you anticipate to b'ay 5 gq ipment during the nest. year up to an amount not to exceed one million dollars , if you anticipate less, then the figure you ask for should be less . . . if that is your first anticipation it is also required that you furnish a list generally of the type of e.qui.pmen.t you anticipate purchasing, this would have to be, done tonight or tomorrow morning . . . you also have t(,-? have in the budget a provision to make a payment. on this proposal next year . . . if you pass this resolution that is what ynta. a.rn committing yourself to that tomorrow they will borrow this money on your behalf and it wri1. 1 sit there for your use and interest will be accruing, in theory the amount of interest that will accrue will probably be in access of what is necessary to pay, or the interest that you earn from the rnone.y will probably pay the interest that is accruing an+:l yol_,. :might earn a little bit more . . . . the purpose of the agreement is not to do that but rather to reasonably anticipate buying equipment , if you expectation is not ±hat are going to be reasonably buying this ±hen the IRS cot_1_l d c_orne down and say you should by taxed and all of that . Councilman Poterza--How: long is the term. . . Town Attorney Dusek-t.hree years . After discIzssi.on t:he Board agreed not to act on this proposal a4- this time . . . noted that there will be another window of o spow_t-unity in Marc!) . RESOLUTIONS RESOLUTION AMENDING RESOLUTION NO, 575, 1989 AND SETTING PUBLIC IIEAI?TNG ON PR.OPOSFD AMENnMENT TO ZONING ORDINANCE RESOLUTION NO. 623 , 1989, Introdl!cerl. by Mr . George 1<urosa.ka who mo=reJ for its a.,i.r=pt_ion, ^ec-onriod by Mr . Ronald Montesi : WITFREAS , by Resolution No . 576 , dated October 3 , 1989 the Town 1?oar d ot= the Town of n,jenn!7b1.,,_1, recnlved that: the Town Board of the gown of Queensbilry would hold a public hearing in c- .";nettion wi.'h i is cons i0e,rat-!on of an amendment , supp I enie? t, change. ar!d/or- mod i,f icati.on to the Town of 7or23.ng O d j t ancr, ;.,hich was adopted October 1 , ? •_gnu, lnrt, ninrfe szn -'c7. F'cal. J.7 , to consider petitions for a of '^'or.'.e 11'�r C'i},'a T.,..r tic= i.r• .1�d , Walt i'�t_2'.-T?11 .m, Nort-he astern c_.ri', r ',lo*-ors , Fran'.r CatanP '1ri--C-unty Kitchen Center Vito Ca.11_"+.lar'i ° Weft uri F.i n !);- I i PJ_,-7:a, Lorref;'-a Baird Hudson, Mike Paird Signs , Gi r Ra11 - Gary Ball Countertops , T?oy Bat ]. - r + cz;iC3.�'TC:E? , nri IS J.1r T.i-P n.rlt: and L"3r raIne TBrand -- West. Mountal.ri 5'alar. '-rld ?WHEREAS , by the ar;.,regaid r°c�i,°tion, a public hearinc,Y was rch?d.uled for N�}�,=�,nr,F�r r,, 1 '. at 7 : 30 P.M. _3t the Queensbury Acti,riti.es Center , Pad ^t Ha.viland Road, Queensbury, Warren County , New York, and WHEREAS , the Town Board of the Town of Queensbury is desirous of amending the aforesaid. resolution to enlarge the area that will be affected by the zone change and, therefore, there are further properties that will be affected by said zone change and amend the aforesaid resolution to provide that a publ. i.c hearing will be held on November 20, 1989, rather than on November 6, 1989 , as set forth in said resolution, NOW, THEREFORE BE IT I i RESOLVED, that the Town Board of the Town of Queensbury shall hold a public rearing, at Grhich time all parties in interest and citizens shall have an opportunity to be heard upon and in reference to a proposed. amendment , supplement, change and/or modification to the Town of Queensbury Zoning Ordinance and map which was ad_opted . on October 1 , 1988 and which amendment would provide that a certain area of the Town of Queensbury lying within a district now designated or oned SR-1A (defined as suburban residential - 1 acre pursuant to Section 4 . 020-G of the Zoning Ordinance of the Town of Queensbury) would be designated or zoned LI-lA (defined as light industry - 1 acre pursuant to section 4 . 020-N of the Zoning Ordinance of the Town of Queensbury and which amendment would affect property within the area concerned by effecting allowable uses for which the property could be used. and which amendrfinent would effect property .lying generally near Corinth road , east of VanDusen Road, west of Stephanie Lane and solt.4-herly of Sanders Road, all roads in the Town of Queensbury, and the property being effected, being more specifically set forth on maps presented to this meeting of the Town Board " o£ the Town of Queensbury and the particular parcels affected by the rezoning being identified as having tax map numbers set forth in the Town of Queensbury 7nni.ng Map Book as follows : 126-1-30 , 126-1-31 , 126-1-32 , 126-1-33 , 126-1-34, 126-1-36, 126-1-35 , 126-1-38 , 126-1-40 , 125-1-41 . 1 , 1.26-1-41 . 2, 126-1-4 . 1 , 126-1-43 , 126-1-44, 1267-1-45 , 126-1-57 , 126-1-59, 126-1-60, 126-1-61 , 126--1-62 , 126-1-63, 126-1-64, 126-1-65 , 126-1-66 , 126-1-67 , 125-1-68 . 1 , 126-1-68 . 2 , 126-1-69, 126-1-70 . 1 , 147-1--1. . 1 , 147-1-1 . 2, 147-1-3 147-1-4, 147-1-5 , 147-1-6 , 147--1 --7 , 147-1-8 , 147-1-9 , 147-1-10, 147-1-11 , 147-1 -12 , 147--1-13 , 147-1-14, 147-1-15, 147-1-16. 1 , 147-1-16 . 2 , and FIE IT FURTHER RESOLVED, that the Town Board of the Town of Queenbury shall , at the same time , as it holds a public hearing with regard 4.to the above referenced -c,ninc change , shall also hold a public hearing, at which time all parties in interest and citizens shall have an opportl_tnty to be heard upon and in reference to a proposed. amendment , ?zpplpment, change and/or modification to the Town of 01-teen_sln.iry Zoning Ordinance and map which was adopted on oct«ber. 1988 and which amendment :could provide that a certain area of the Town of Queensbury lying within a dist.ri_ct. now 0-si_rrna.ted or zoned as WR=3A (waterfront residential , Section 4. 020-d - 3 acre, Zoning (')r_dinance of the Town of (Queenslrjry) would be designated or zoned WR-1A (wat.erf_ran±- residential , Section 4 .020-d - 1 ! i acre , Zoning Ordinance of 4-he of Queensbury) a.a.md which amendment would effect property within the area concerned by --� effecting allowable uses for Tihir-h the property could be �zsed and which property is generally designated as having the tax map number of 43-1--24 . 1 , as set forth in the Town of Qm_meen.sbury Zoning Map Book, and BE IT FURTHER RESOLVED, that the said. plibii.c hearing shall be held on November 20, 1.989 , at 7 : 30 p.m . a+_ 4-he Queensbury Activities Venter, Bay at Haviland Road , Qil-1-=Isbury, Warren County, New York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is he reb Y authorized and directed to give 10 days notice of said public hearing b- publishing_b 1 .. ish' A _ p ing t this meeting for the „_- 7,, - h� notice presented at newspaper of the TownLande.byopos�tingconithein an official _ Town bulletin Board outside the Clerk ' s office said notice, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give written notice of the Proposed amendment- to ti1e Zoning Ordinance of the Town of Queensbury ill accordance with a written notice to be in a .form approved by the Town Attorney and to be delivered 10 days prior to the said plibl. i.c h?3ring to the following: Warren County, by service upon the Clerk of the Board of Shtpervisors and such other communities or agencies that it may be necessary to give written notice to pursuant to i Section 264 and 265 of the Town Law of the State of New York, the Zoning Regihlations of the Town of Queensbury and any other laws of the State of tl9w York, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give notice of said proposed amendment to t.ha Zoning Ordinance and refer said Proposed amendment to tide Warren County Planning Agency for its review in accordance with the Laws of the State of New York and Zoning Ordinance of the Town of Queensbury and that copies of the Ordinance, this Resolution and copies of the Notices be given to said agencies unless said agencies have already received copies of the same , and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby also directed to <rivt- s,sch other and further notice and refer this matter to any other agency that may be necessary to approl7e the sa.m- Pursuant to the applicable laws , rules and regulations of the Town of Queensbury, State of New York, and BE IT FURTHER RF.,SOLVED, that the Town Board of the Town of Queensbury hereby again indicates that it V,'ould desire to be lead agency in connection with any r—ie"v3 necessary pursuant to the State Environmental 01_7alify Review A:ct and hereby directs the Town Clerk_ for 'thp Toi,,n of Queensbllr. y to notify the ndirordRck Park Agency, the Planning Board of the Town of Queensbury, the Warren - Co„n+y Planning Board and any � _ihpr involved agencies of this desire and that the lead agency must be designated within 30 days and to further sand ? C(. r z' of fart 1 Of the Long Fnvironmental Assessment form anft. this: Resolution and ot-.har reFolmtions adopted concerning this matter and all other rele=�ra.nt documents to the agencies and - liE IT Ft.Ts?Tf3P;R RPSOLVED, tit-at R°solution�7 No . 575 and 576, IM-39 of this Town PO.3r3 are hereby amended accordingly, all parcels that are located within the boundaries of the proposed area to be rezoned shall be n-4-iflorl grid that all owners of parcels iliat lie within 500 ' of the area to be .rezoned will also l. il'ewlse be notified . Duly adopted this 1s4-_ . lay of November, 1989 , by the f c l 1 r;,t,J i n, vote : Ayes : Mr . Kurosaka, Mrs . Potenza, III- . Montesi , Mrs . 1-Ionahan, Mr. Borgos Noes : None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 624, 19892 Int.rodciced by Mr. Ronald Montesi who moved for its adop±ion, sQcnnded by Mrs . Marilyn � . -Potenza: RESOLVED, that the Town Board hereby moves into Executive Session to discuss the State Pel. ic,e Office, regarding the I employment of a professional firm. Duly adopted this 1st . day cif November, 1969, by the i following vote : Ayes : Mr . Kurosaka, Mrs . Potenza , Mr . Montesi , Mrs . Monahan, Mr. . Borges Noes : None Absent:None RESOLUTION TO COME OUT OF EXECUTIVE SESSION RESOLUTION NO. 625, 1989, Tnt?-odlc -ed by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs . Marilyn Potenza: i RESOLVED, that the Town Board hereby moves back into Regular Session. D,_;ly adopted this 1st . day of November, 1969, by the �:ollowing vote : Ayes : Mr . Kurosaka., Mrs . Potenza , Mr . Montesi , 1Irs . Monahan, Mr . Borgos Noes : None Absent :None RESOLUTION TO AWARD DID TO HILLTOP CONST. INC. FOR POLICE SATELLITE OFFICE CONSTRUCTION a RESOLUTION NO._ x, _1989, Introduced by Mr. Ronald Montesi who moved for its adoption , seconded by Mrs . Marilyn Potenza: WHEREAS , the Town Board of- h—? 'Town of Queensbury by previous resolution awarded a bid to erect the building to house the New York State Police t:atellite Office Building to RSR Ventures , Ltd . and. WHEREAS , since the time the bid uias awarded, RSR Ventures , l.:td. has reported that the,, have been unable to secure the y bonding required by the bid specifications and documents canon which they submitted thei.', bid, in !sew, York State Lacs, and TIEREAS , the bidding doci.? rents require that RcR Ventures sicfn and contract and furnish thf- requisite bonding within a specified number of days and 'HY71r'RAS, the number of days; h7s ­1 i .i. which to furnish aid bonding lt,'014, 'THEREFORE BE IT 1 RESOLVED, that the Town Board of the Town of Queensbury hereby revokes the award of the bid to RSR Ventures , Ltd. and hereby also awards the bid to the next lowest bidder who is able to furnish the required security which at this time would appear from the records to be Hilltop Construction Inc . and be it further RESOLVED, that the 'Town Board of the Town of Queensbury directs the Town Attorney to co nlml�nica.te with RSR Ventures , and to take sure other and. further action as may be authorized pursuant to the bidding documents . ��-- Duly adopted this 1st . d=ay of November, 1959 , by the following vote : Ayes : Mr. Kurosaka, Mrs . Fotenza ; Mr. Montesi , Mrs . Monahan, Mr. Bongos Noes : None Absent :None On motion the meeting was adjourn—1 . Pespertfully, Miss Darleen M. Dougher Town C 1 erk--Qaeensbury 4 i i 3 t i i