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1990-02-05 TOWN BOARD MEETING FEBR UAR Y 5, 1999 7:35 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPER VISOR GEORGE KUROSAKA-COUNCILMAN MARIL YN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PI D USEK TG.,—J OFFICIALS Ralph VanDusen, Dave Hatin, Kathleen Kathe PRESS: G.F. Post Star, W WSC PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI OLD BUSINESS - ADIRONDACK BAPTIST CHURCH DAVE HA TIN, Director of Building & Codes-The situation remains the same as it did when the Board last met. Ray Buckley did call me the next day, I in turn asked him to contact our engineer to set up a meeting which he never did after assuring me he would. SUPERVISOR BORGOS-The last time we met, we requested that the engineer for the Church meet with you and or discuss with you to see if you could resolve this situation outside of a hearing. CARL SC HR ODER-Engineer from Rist-Frost Associates, that is correct Mr. Borgos. I made some recommendations in a letter to the Board, stating some deficiencies on a preliminary review of the structure and some principal elements of the structures and some significant problems. SUPERVISOR BORGOS-That report was made available to the Church, correct? MI HATIN-At the last meeting the gentleman representing the Church was given a copy of v.,,' report. SUPERVISOR BOR COS-You have not heard from the Church, is that correct? MR. SCHRODER-1 was not contacted. MR. HA TIN-Not since the original phone call the day after the meeting. ROBERT LYNN, Pastor of Adirondack Baptist Church-I was unaware that Mr. Buckley did not contact you, he told me that he would take care of it. SUPERVISOR BORGOS-Have you heard back from him? REV. L YNN-No, he has not returned my calls. I have a request to make, against the advice of our attorney, we agree to the condemnation and respectfully request that we'd be given better weather to take it down, being concerned with the tin roof, preferably until the middle of May. We'd like to be able to take it down and save as much material as possible. It's been roped off and no one is using it. SUPERVISOR BORGOS-Mr. Hatin, would that be a satisfactory solution to you? MR. HA TIN-1 agree with giving them time, but I would ask the Board not to make it until them -piddle of May. I don't feel the weather being an issue after March and my biggest concern is a structure collapsing, whether someone obeys the signs or not. My recommendation we f be the end of March. I can reason with snowimnks being a concern but I can nor reason with—the roof itself being a problem, it'll be slippery no matter the weather. SUPERVISOR BORGOS-1 would like to come to an agreement that the structure would be down by the first of May. MR. HATIN-I believe it should be sooner than that. SUPERVISOR BORGOS-Questioned Rev. Lynn if May 1st, would be reasonable? 94 REV. LYNN-Agreed if you put in weather permitting. r SUPERVISOR BORGOS made recommendation to the Board to keep in place the agreement from the last time related to roping the area off, posting of signs with added stipulation that this portion of the building be torn down by on or before May 1st, weather permitting. Town Board held discussion and agreed the stipulation of weather permitting was not reasonable. MR. HATIN-Would like to request that there be a more substantial barricade used rather than the orange plastic tape. COUNCILMAN MONTESI-Recommended the Town providing and putting up the snow fence for the Church. COUNCILMAN MONAHAN-Concerned with the liability. SUPERVISOR BORGOS-Recommended supplying the fence and the Church installing the fence. A T TOR NE Y D USEK-Approved as long as the Church agrees to return the snow fence. SUPERVISOR BOR GOS-Questioned the Church if that was a reasonable alternative? REV. LYNN-Yes, we'll think of it as an alternative but remove the word reasonable. SUPERVISOR BORGOS-Questioned if Mr. Hatin will be satisfied? MR. HATIN-I won't be satisfied with this situation until the structure is down. RESOLUTION REGARDING ADIRONDACK BAPTIST CHURCH STRUCTURE REMOVAL RESOLUTION NO. 91 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Director of Building and Codes Enforcement for the Town of Queensbury has brought certain property identified as Adirondack Baptist Church located on Luzerne Road in the Town of Queensbury before the Board and has alleged that a certain structure located upon the the premises is unsafe and has requested that the Town Board of the Town of Queensbury take action pursuant to Local Law No. 3 of 1983 which provides for the repair or the removal of unsafe buildings and collapsed structures, and WHEREAS, a report has been filed with the Town Board prior to this meeting concerning said structure, and WHEREAS, Rist-Frost Associates P.C., on behalf of the Town has reviewed and investigated the building and filed a report with the Town concerning the structure and the some has been considered by the Town Board, and WHEREAS, the Town Board after reviewing all facts and hearing from Rev. Lynn concerning the circumstances, and WHEREAS, the Town Board has previously determined that the area should be roped off and secured with posting and signs, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the premises previously described and the one for which Rev. Lynn has appeared before the Board is unsafe in as much as an overhang protruding from the building is unsafe as outlined in the report filed by Mr. Hatin, Director of Building and Codes Enforcement, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby orders that the structure be made safe by removing the overhang no later than May 1st, 1990, and — BE IT FURTHER RESOLVED, that the Board finds in making it's determination that Rev. Lynn has agreed to the May 1st date by which to remove the overhang, and 95 BE IT FURTHER , RESOLVED, that in the meantime and until such time as the structure is removed, the Town shall furnish orange snow fence. no later than February 6th, 1990 to Rev. Lynn and the snow fence shall be installed by the Church around the perimeter of the unsafe structure and remain there until such time as the structure is removed, and BE IT FURTHER RESOLVED, that in the event of neglect or refusal to comply with the order of this Board to remove the unsafe structure the Town Board will provide for its demolition and removal and assess all expenses thereof against the real property in which it is located and institute a special proceeding to collect the cost of demolition including legal expenses. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. K urosaka, Mrs. Po ten za, Mr. Mon tesi, Mr. Borgos Noes: Mrs. Monahan Absent: None DISCUSSION ON ZONING CHANGE COUNCILMAN KUROSAKA-Mr. Borgos, Town Board members, media, citizens and constituents, I'm your 4th Ward Councilman. Mr. Borgos and I are the only two elected officials and people concerned in that zoning change, we're to represent both of them and 1 have a particular interest in this, I represent both sides of the issue. I'm in the middle between being in a rock and a hard place, damned if I do, damned if I don't and I have to walk a tight rope. Objectively protecting the rights of the owners of the property within the zone and the rights of the residential owners adjacent to the proposal and the best for the Town and the Ward and the Town as a whole. Now a smart politician would sit back and let other people do the talking or carry the ball. For those who know me or know my reputation, I call them as 1 see them. As 1 will now objectively with the best solution in my mind. As I see it, the owners of the property within the zone have a right to reasonable use in terms of their property. The adjacent resident property owners need reasonable and assured protection from highly objectable uses in such a zone. The public hearing closed and workshops have been conducted by the Board, much thought and work has gone into this. 1 believe a suitable solution to this ...and 1 hope is accurate. A no vote is no solution. But 1 propose that we enact a zoning change as presented at the public hearing and I propose that tonight that we pass a resolution to hold a public hearing the next practical Town Board meeting put a 6 month moratorium on all junk yards, batch plants, gravel pits, heavy truck and equipment repair and maybe other highly objectable uses, not to exceed 6 months. In order for the Town Board and the Planning Board to have ample time to change zone uses, possibly not only in that zone but other zones throughout the Town. Give them time so that staff and the Town can be able to do anything reasonable. If we put a moratorium we can stop, that's the surest way and fastest way of stopping them from developing what you don't want. If we don't have the time ... solution would be a stop gaped, and there really won't be a solution. We want to protect both sides plus protect the Town too. I expect the issue would be decided on the basis of subjective thinking and on the subjective attitude not on highly emotions and 1 can't be emotional because I represent both sides of the issue. I expect all to conduct themselves in an orderly manner and stick to the facts. I would like to and I believe all the Board members wishes to hear your objections to certain uses. I feel a moratorium and a close look to uses in certain zones need to be attended to. Your comments will be welcomed but please be brief and please try not to be pathetic and come to the point. I hope I've conveyed my concerns for both sides of the issue and the Ward and the Town as a whole, as I've been elected to do. Thank you. Paul, why don't you brief them legally. ATTORNEY DUSEK-For the record I only had a few moments before this Board meeting to take a look at the possibility of a moratorium. However my legal instincts and based upon my knowledge of previous moratoriums I have read and been part of, including the one that this Town had before it adopted its October 1st, 1988 zoning. I think that's a very good possibility of implementing such a moratorium that would be selective in nature and control those particular aspects of development while the program is under study. However, I would like the opportunity to make sure after researching the matter more thoroughly that there is no cliches or there is nothing that I've missed here that would not allow that. But, like I say, right now I'll go on line I guess and say that my gut reaction is that it seems to me to be a possible way of handling it. COUNCILMAN MONA HA N-Questioned the time period before a moratorium could go into effect. 96 ATTORNEY DUSEK-A moratorium would be enacted by the use of a local law. Local laws require a minimum time of publication and posting of five days. Assuming that it was possible and everything worked and I can complete my research say in a week or so, at that time a resolution could be entertained, establish setting a public hearing to establish a moratorium, the press time, your looking at about 8 days from that time, that you met to set the public hearing, 8 to 10 days, at which time you could have a public hearing and then depending upon the outcome you could enact the moratorium, it would not officially take place until it was filed with the Secretary of State. SUPERVISOR BORGOS-Roughly a month. Let me state briefly that several weeks ago we held a public hearing related to this and we heard from the owners of property who are requesting the rezoning as well as hearing from the property owners along Stephanie Lane. There obviously are some conflicts in the interest of all people involved. We've done a great deal of thinking and investigating in this area and as Mr. Kurosaka mentioned, we're trying to protect everyone's rights. One of the suggestions that came up at the public hearing was to create an entirely new zone. Not the light industrial zone as we know it, but something brand new, ... of some sort. We looked at that option from a legal perspective, it seems at though that would take many, many months. Perhaps, however, something that could be accomplished in a moratorium that Mr. Kurosaka has just mentioned tonight. But because of the involvement of the Adirondack Park Agency, believe it or not, that area is not in the Park but because we have a Town wide agreement with them, they have a right and an obligation to look at any of our zoning changes. So they would have to be involved and a whole bunch of other agencies and the SEQRA review. It didn't seem like a practical solution. On the other hand, we have a bunch of people who own property there who have had commercial uses for a long period of time whose property was zoned for commercial use prior to the rezoning and for whatever reason people who didn't come in and make that known at the time that we went into the rezoning. We held an additional workshop which was publicized, a week or 2 weeks ago, I've lost track of time now, during which time the Board reached the consensus that we felt we should go ahead and rezone this property light industrial so that the people who are there would be conforming. But recognizing at least the 3 major concerns that was the batch plant, the sand and gravel extraction and the junk yard, that we would move to exclude those three uses from that zone if at all possible, as fast as possible. Well, it appears that if we take it out of that zone, it takes it out of that zone all over Town and some places in Town, one or more of those uses might be appropriate, whereas it not be appropriate in your area. Mr. Kurosaka's suggestion tonight has a great deal of merit. The moratorium which right away within a few weeks to a month put a stop to those particular uses in that particular zone in that particular section of Town and give us time then to evaluate the alternatives. It'd be either eliminating those uses completely from that zone or creating a new zone. So that's where we stand at the moment, I don't know if anyone else wants to add anything up here. ATTORNEY DUSEK-Mr. Supervisor, if I may, just, I think you certainly meant it this way. As far as eliminating uses, it would not eliminate current uses that are within there but rather stop new uses or expansion of old uses perhaps that are there. SUPERVISOR BORGOS-The preexisting use obviously would be allowed to continue as a nonconforming use. COUNCILMAN MONTESI-My only other concern was when we discussed this about doing this rezoning was that there was an envelope or a window that opened up if rezoned the property and with all the best intentions, said we're either going to have a moratorium or we're going to review this and see what we can eliminate from that zoning, there could be a couple of month period where someone could buy that property and could come in and ask for a building permit for a junk yard or a batch plant or gravel pit or whatever, it was undesirable, legally they'd have the right to do that. That's the concern that I have, all of the good work that we're doing, once we rezone, if that moratorium isn't in place or if those changes are in place, there's a little window that opens up for a month or two or three. I think George's idea is excellent and if it takes one month to get that squared away for a public hearing so we can address that moratorium on those uses and perhaps we should look at that one month before we pass the resolution to rezone just so that we do protect all of the interests. Discussion held regarding the feasibility of a moratorium and how it may be implemented. Board agreed to work towards the moratorium as quickly as possible and once it is enacted pursue the rezoning. OPEN FORUM BARBARA BENNETT, Dixon Road-Questioned if 1989 Books had been closed out? SUPERVISOR BORGOS-No, target date is February 15th. Noted that the sales tax was the highest ever, the last quarter was substantially higher than last year and we did exceed 4 97 million dollars in sales tax during 1989. MS. BENNETT-Referred to Senior Citizen's property tax reduction, questioned the age requirement? SUPERVISOR BORGOS-If one member is 65 or over, the income fits in any one of certain categories, then the application can be made. We greatly expanded, percentage wise, the dollar amounts and the categories. KATHLEEN KATHE, Supervisor's Assistant-There has been a press release but it has not been published. COUNCILMAN MONAHAN-That information was brought over to the Director of the Activity Center, which is either posted or copies available. Questioned the Town Attorney whether the person being 65 must also be the person who owns the property? (Attorney will research this) SUPERVISOR BORGOS-Reminder to everyone that not only the Town adopted these expanded changes, but also the School district and the County. FRED CALVIN, Corinth Road-I live in the area effected by the rezoning. Questioned whether the APA and other agencies were involved in the Rezoning adopted in October of 1988? SUPERVISOR BOR GOS-They were all involved then too. PLINEY TUCKER, Ward 4-Referred to the lights being put up at the Northway exit on Corinth Road last week. According to an article in the paper, I understand they wont be in operation until August. Can you find out why? SUPERVISOR BORGOS-1 read the same article but I'll try to find out the reason. MR. TUCKER-Noted that Quaker Road is still in darkness. SUPERVISOR BORGOS-I've spoke with Mr. Austin, the County DPW and with Niagara Mohawk. I've asked NIMO and the County to check into how many lights were taken down during construction, where had they been and when are they going back up. I've also asked NIMO to give us a cost estimate for each additional light that we believe should be in there and I1l1 bring that information to the Board so we can take quick action. MR. TUCKER-Referred to City's proposal for garage on their property, folks are concerned that it might end up looking like a junkyard. SUPERVISOR BORGOS-I've seen the site plan for the proposed garage and it looks very nice, nicely landscaped. The City has agreed to present the proposal to the Queensbury Beautification Committee and speak to them about recommendations. They are zoned for that use, they own that property, I believe they have every intention to be good neighbors and I don't expect any problems. MR. TUCKER-Referred to the question asked at the previous Town Board meeting regarding insurance coverage for the people involved in accidents while driving Town vehicles, whether or not all involved are covered. SUPERVISOR BOR GOS-1 spoke with our insurance carrier, who indicated that our employees are covered and also anyone riding with the employee for whatever reason. If someone steals the car, that person is covered and the Towns covered. However, there should be a formal Town policy, if there isn't already and that Town policy should say that Town employees and other persons on Town business should be permitted to use and ride in Town cars and it's not just for general family or other recreational use. We should soon get such a resolution on the books. WA YNE VIELE, Stephanie Lone-Would like more of an explanation regarding the moratorium and the time span. SUPERVISOR BORGOS-We've talked about working toward a moratorium for those particular uses in that particular zone whereever it may be in Town. When we know that that moratorium, after the public hearing has been held, when we know that that moratorium is in effect, then we will think in terms of rezoning the property to light industrial, so between now and then, nothing would happen. It will stay residential. BRUCE LIPINSKY-1 speak on behalf of Web Graphics. Would like to make a suggestion, adopt the rezoning tonight and postpone the effective date until the moratorium is enacted. 98 COUNCILMAN POTENZA-What is the advantage? MR. LIPINSKY-Nod having to come back here and discuss the issue of rezoning again. Plus you have to consider that you can't have a moratorium. ATTORNEY DUSEK-1 should be prepared to have an answer to whether it's legal or not by Friday. SUPERVISOR BORGOS-If by Friday we hear we can't have a moratorium then we'll probably have to call another Special Town Board meeting and take whatever action is appropriate. It looks like a real positive possible solution. ATTORNEY DUSEK-Regarding question from Ms. Bennett on tax exemption, I have an answer. It's not in our local ordinance but it is in the real property tax law and essentially provides that real property owned by one or more persons, if they're not husband and wife, they all have to be over 65. If they're husband and wife, only one of them has to be 65. Then there's a rule that if the one whose is over 65 becomes deceased, the death of the older spouse will not cause the exemption to be revoked unless the other spouse is under 62. Those are the essential age rules and then there are some additional rules as to how long you've had to own the property and everything else. Certainly if anyone had any questions, I would be glad to photocopy this section of the law for any member of the public. SUPERVISOR BORGOS-Suggested that you do that and we'll make copies to post on the Town Clerk's bulletin Board. TOWN CLERK DOUGHER-Noted that it is presently posted. MS. BENNETT-Referred to March 1st dead line date for application, at what date do you have to become 65 to have it apply? SUPERVISOR BORGOS-My guess would be taxable status date of January 1st but we'll ask our Attorney to continue his research as we go through the rest of our meeting. DAVE HATIN, Director of Building & Codes-Referred to foundation located on East Drive off of Luzerne Road that was condemned by the Town Board about 6 or 8 months ago. It's has not been taken care of and we can't seem to get anywhere legally. Would like to request some way of allowing me to have that foundation filled in. A TTOR NE D USEK-The problem is, we are unable to find who the record owner is of this particular parcel. The only gentleman who we knew had anything to do with the parcel has passed away and our tax records show that it was in his name. However at the County Clerk's office, you can not find any record of title in his name nor can we trace how it is that he got it, nor can we find out who has it. The title seems to vanish around, I think it's 1940 or 1950. That's what has been causing this delay. There is one way that it could be handled, go to court and get a court order as to who to serve. My problem is that I can not recommend to the Town Board to go ahead and take action against somebody's property because you really have no authority unless you follow the precise legal rules which require notices to be served on owners, etcetera and we're not able to do that because we can't find the owner. But 1 could get a court order and go that route to resolve the problem. It's a lengthy process but if the Board would direct and want it, we could apply for a court order. SUPERVISOR BORGOS-Questioned Attorney the length and expense of such a process? ATTORNEY DUSEK-If I had to guess, I think we could have a court order probably within about a month, the expense in terms of cost, relatively low, under 200 dollars. The attorney time involved would probably run, maybe as much as 10 hours. SUPERVISOR BOR COS-Questioned Mr. Hatin on how dangerous the situation? MR. HA TIN-Neighbors are concerned. There's brush surrounding and someone could conceivably fall into it. It's about 6 feet deep. There was some old toys and old machinery and if someone were to fall, they could definitely get hurt. SUPERVISOR BORGOS-It's the opinion of the Town Attorney that the only route would be the court order? — ATTORNEY DUSEK-Yes, I would say, unless possibly to clean up the machinery, you may have some emergency powers you might be able to use. COUNCILMAN MONAHAN-Can we declare an emergency? ATTORNEY DUSEK-The problem is that your unsafe building law requires that you notify 99 somebody and that's been the hold up. We may be able to use some of the emergency powers. I would have to take a further look at the Town Law sections. These areas you always try to be very careful because you're dealing with people's property rights. SUPERVISOR BORGOS-Could you research this further and let me know as soon as you have an answer. MR. HA TIN-Pat Collard, Zoning Administrator asked me to bring your attention the problem she is having with Uniform Building Code and Zoning. Zoning allows uses in a Zone, the Uniform Building Code will not allow use to be in that particular building, be it a strip mall, another building where uses do not combined with each other. I would like to publicize it more than just a press release, along with advising them what they need for building permits or what requires a building permit. Its a problem we constantly have. I like to suggest a much bigger ad than a press release. I realize the Town Board has to authorize it. COUNCILMAN MONTESI-You mean a display ad. MR. HATIN-Yes and put it in some time in the middle or end of March. I believe it would help. COUNCILMAN MONTESI-Recommend that you come back to us with an ad copy and a size that we could review. SUPERVISOR BORGOS-Suggest that you get the information to Kathleen and we can get the press release done and out. COUNCILMAN POTENZA read into the record the following letter: I am Bella Lemery, I live on Merritt Road, RD2, Queensbury, my husband died in April, 89, I'm 82 years old and live alone. My house is right next to the woods on this dead end street. I would like to know if it would be possible to have a light put next to the woods. It is very dark at this end. Thank you very much. SUPERVISOR BORGOS requested that Mr. Montesi and Mr. Kurosaka of the Lighting Committee to research the possibility. COUNCILMAN POTENZA-Noted that she spent a good portion of last Monday in the Building that houses the Queensbury Highway Department and the Court System. Would like to recommend that some of the Board members spend some time over there when the snow is falling, attorneys meeting clients out in snow drifts and people crawling all over each other. I would hope that the Board would consider it a priority this year to relocate the Queensbury Court System and allow the Highway Building to expand. COUNCILMAN MONA HA N-Recommend that we look for a temporary solution until we have the permanent solution. ATTORNEY DUSEK-In reference to Mrs. Bennett's earlier question regarding the tax exemption. The law doesn't state the cut off date or when you have to be 65. 1 presume there might be a State Board of Equalization Assessment opinion on the issue however it does indicate that you have to file your application 90 days before the final assessment roll is filed or before the taxable status date. So I would assume that in order to file the application you would have to be 65 however I will call the State Board of Equalization. SUPERVISOR BORGOS-Would like you to do that. It's a good point and it could mean alot of money to alot of people. OPEN FORUM CLOSED 8:35 P.M. RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 92 of 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Stephen Borgos. RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Minutes of December 18th, 29th of 1989 and January 1st, 2nd, 8th, and 22nd of 1990. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 100 Noes: None Absent: None ' Abstain: Mr. Kurosaka(1-1-90, 1-22-90); Mrs. Potenza(1-8-90); Mr. Montesi(12-29-89) RESOLUTION REGARDING VOLUNTARY RECYCLING PROGRAM RESOLUTION NO. 93 of 1990, Introduced by the Entire Town Board. WHEREAS, the Town Board of the Town of Queensbury, in the interest of promoting voluntary recycling of materials within Warren County, is desirous of establishing a voluntary recycling program for all Warren County residents at the Town of Queensbury/City of Glens Falls Landfill, and WHEREAS, said program will be offered at the Ridge Road Landfill only at no charge to Warren County residents and shall be applicable to the following materials only: 1. Newspapers, without inserts, placed in brown paper bags; 2. Clean, clear (non-colored) glass containers: 3. Clean, clear plastic jugs; 4. Clean tin cans NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, as administrator for the Town of Queensbury/City of Glens Falls Landfill, hereby establishes a voluntary program of recycling at the Ridge Road Landfill, which program shall be effective immediately upon passage of this Resolution and shall continue for a length of time to be set by the Town Board at a later date, and BE IT FURTHER RESOLVED, that the Landfill shall accept, at no charge, from any resident of Warren County, the following materials only: 1. Newspapers, without inserts, placed in brown paper bags; 2. Clean, clear (non-colored) glass containers; 3. Clean, clear plastic jugs; 4. Clean tin cans. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO AMEND RESOLUTION NO. 688, 1989 RESOLUTION NO. 94 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that resolution no. :688, approving the audit of bills, dated December 4, 1989 is amended such that approval of vouchers #89-4541 and #89-4540 are rescinded and the money to be refunded will be credited to the following accounts: ACCOUNT NO. AMOUNT REFUNDED A 065 1330 408 $ 48.40 A 145 1620 408 $145.20 Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WITHDRAWAL FROM RECREATION FEE CAPITAL RESERVE 101 FUND RESOLUTION NO. 95 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, the Town Board of the Town of Queensbury has previously established a Capital Reserve Fund known as "Recreation Fee Capital Reserve Fund" and bearing the accounting verification number of "R 11", and WHEREAS, during 1989 the sum of $20,000.00 was transferred from an interfund transfer account to the aforesaid Capital Reserve Fund, and WHEREAS, the source of the $20,000.00 was general taxes of the Town of Queensbury and not from fees paid by developers pursuant to and as required by Town regulations requiring the dedication of recreation land or fees in lieu thereof, and WHEREAS, the Town Board of the Town of Queensbury is desirous of transferring said $20,000.00 from the said Capital Reserve Fund back into the Interfund Transfer Account from which it came and then directing the further transfer of said $20,000.00 to a Project Fund established for Hovey Pond, and WHEREAS, the sum of $20,000.00 will be expanded for improvements to be made at Hovey Pond which will help develop the pond and benefit the entire community, including those subdivision and multi-family developments, the developers of which have previously paid fees in lieu of dedicating land for recreational purposes as required by law, 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 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 finds that it was in error to transfer the sum of $10,000.00 to the Recreation Fee Capital Reserve Fund, and hereby authorizes a withdrawal and expenditure from the aforesaid capital reserve fund in the amount of $20,000.00 to fund the aforedescribed Hovey Pond Capital Project Fund, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further directs that in the event there are any funds remaining in said Capital Project Fund after the completion of the project or in the event that said project is not undertaken, 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 further finds that the withdrawals and expenditures for the previously identified recreation project at Hovey Pond 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 Town Board of the Town of Queensbury hereby finds that the $20,000.00 transferred from the Reserve Account shall be used to improve the Hovey Pond Park, which is an existing Park, and that it will serve the Town's residential neighborhoods and subdivisions and multifamily dwellings, the developers of which have heretofore contributed fees in lieu of developing recreational areas, and BE IT FURTHER RESOLVED, that this 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 actions as may be required by law. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None 102 BIDS SUBMITTED - ON FILE IN TOWN CLERK'S OFFICE RESOLUTION TO ACCEPT BIDS FOR CRAWLER TYPE EXCAVATOR RESOLUTION NO. 96 of 1990. Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for one (1) Crawler Type Excavator, to be used by the Water Department for the Town of Queensbury, and WHEREAS, the firm of Schroon Lake Tractors, has submitted a bid for said Crawler Type Excavator, said Excavator being a John Deere Model #490D, for the amount of $38,840.00, complete as per Town of Queensbury specifications, and WHEREAS, Thomas K. Flaherty, Town Water Superintendent, has recommended that the _ bid be awarded to Schroon Lake Tractors and that a transfer of funds be authorized to pay for said excavator, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby authorizes a transfer in the amount of $38,840.00, from the Water Department Capital Improvements Account, WI-275-9951-900, to the Water Department Vehicles Account, WI-275-8340-202, and hereby awards the contract for one (1) Crawler Type Excavator, said Excavator being a John Deere Model #490D, for the amount of $38,840.00, complete as per Town of Queensbury specifications, to Schroon Lake Tractors, and that said excavator be paid for from said Water Department Vehicles Account No. : W 1-275-8340-202. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: 'None Absent: None RESOLUTION TO AMEND 1989 GENERAL BUDGET RESOLUTION NO. 97 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the 1989 General Town Budget is hereby revised and amended to provide an appropriation of $6,303.00 in A-23-5-9950-907 (Interfund Transfer Account) instead of the currently provided $36,303.00, and $30,000.00 is therefore withdrawn from said appropriations in the account and returned to the Unappropriated Fund Balance and the Appropriated Fund Balance in the 1989 General Budget is hereby decreased by $30,000.00. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CAPITAL PROJECT FUND AND BUDGET FOR THE CRONIN ROAD BRIDGE PROJECT RESOLUTION NO. 98 of 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury by previous resolutions, has authorized the purchase and installation of a three-sided, concrete box culvert bridge on Cronin Road, and has also authorized the payment of the purchase price, installation cost, and associated — costs of said bridge by the issuance of serial bonds, and WHEREAS, said resolutions having been subject to permissive referendum and said referendum periods having expired without the request of a referendum being filed, and WHEREAS, the Town Board of the Town of Queensbury desires to authorize the establishment of a Capital Project Fund and budget for said project which consists of the purchase and 103 installation of the said concrete, box culvert bridge, and which also includes engineering costs and associated costs, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to establish a separate Capital Project Fund for the Cronin Road Bridge Project, hereinbefore identified, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby establishes appropriations for the project, in the amount of $125,000.00 as follows: H53-16-5-5120-440 (Miscellaneous Contractual) - $90,000.00 - H53-16-5-5120-473 (gist-Frost Engineers, P.C.) - $35,000.00, with the source of estimated revenues to be from the sale of serial bonds or bond anticipation notes as authorized by previous resolutions of the Town Board of the Town of Queensbury. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO AMEND 1989 TOWN GENERAL BUDGET AND LANDFILL BUDGET RESOLUTION NO. 99 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that appropriations in A-23-5-9901-902 (Transfer to Landfill) are increased in the amount of $29,975.68, and estimated revenue in Appropriated Fund Balance Account No. : A-23-3-0599 is increased in the amount of $29,975.68, the source of funding to be from the Unappropriated Fund Balance, and BE IT FURTHER RESOL VED, that estimated revenue in J 1-26-3-5031 (Transfer From General) shall be increased in the amount of $29,975.68, and Account No. : J1-99-2-0902 (Designated Fund Balance) shall be increased in a like amount, and BE IT FURTHER RESOLVED, that the 1989 Budgets for the Town General Budget and Landfill Budget are hereby amended accordingly, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to effectuate such transfers as may be necessary, from the General Fund to the Landfill Fund in order to effectuate the provisions of this resolution. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None SUPERVISOR BORGOS-Referred to previous resolution regarding Sikken's stain on State Satellite Station. It's been recommended to us to reverse the shiplap 1x6 cedar boards with the rough side out which will absorb more stain, therefore only two coats of stain are needed for protection instead of the previous decision of three coats. My recommendation is the two coats of Sikken's stain. RESOLUTION TO RESCIND RESOLUTION NO. 745 OF 1989 RESOLUTION NO. 100 of 1990, Introduced by Marilyn Potenza who moved for its adoption, 104 seconded by Stephen Borgos. WHEREAS, the Town Board of the Town of Queensbury previously adopted a resolution whereby it authorized the use and purchase of certain stain for the Building to house the New York State Police Satellite Office, and WHEREAS, the Town Board of the Town of Queensbury is desirous now of rescinding that resolution, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby directs that the Town Clerk go back into the record, identify the number of that resolution and the date that it was adopted and further note in the record as of this date that that resolution is hereby rescinded and shall have no further affect. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None SUPERVISOR BORGOS referred to video inspection of sewer lines for the Town, based on the results of that inspection, we determined that there is one major leak in filtration in the Sewer. system on Garrison Road. I asked Mr. Shaw for some approximations from the engineering firms and in their opinion, somewhere between 17,000 and 22,000 gallons per day is leaking, which amounts to approximately 10 percent of the usage of the entire system. I also asked Mr. Shaw for cost in repairs for that leak, the estimation being between 5,000 and 8,000 dollars and it was noted that they could not give us a firm price because of 2 unknown conditions, one being the depth of frost and the second, location of the leak. This is located right next to a stream and my recommendation is to have the leak fixed now. Would like the Town Attorney to contact the engineer, share with him the information in this report and see if he would like to review the film himself and see where we stand as for as the contractors are concerned. ATTORNEY DUSEK-Agreed it would be the appropriate thing to do and see if they are willing to fix it. SUPERVISOR BORGOS referred to fee schedule for the Activity Center, Board agreed with new schedule and requested Town Clerk to check on procedure for adopting fee schedule. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 101 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Audit of Bills appearing on Abstract February, 1990, numbering from 90-410 to 90-649 and totaling $129,208.00 of 1989 and 1990 be and is hereby approved. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 102 of 1990, Introduced by George Kurosaka who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Matters of Personnel dealing with specific individuals, Pending Litigation, Potential Litigation, Professional Services and Real Property Acquisition. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 105 Noes: None M Absent: None RESOLUTION CALLING FOR REGULAR SESSION RESOLUTION NO. 103 of 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enter into Regular Session of the Town Board. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION APPROVING AGREEMENT WITH KIST-FROST ASSOCIATES P.C. RESOLUTION NO. 104 of 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury is considering the development plan for the erection and construction of a generator building and switch gear and hook up of an emergency generator facility for the Water Treatment Plant located within the Queensbury Consolidated Water District, and WHEREAS, Rist-Frost Associates P.C., Consulting Engineers has, under cover of letter dated January 5th, 1990, made a proposal for engineering services to perform all services necessary for the erection and completion of a generator building, switch gear and generator for the Water Treatment Plant, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement, the agreement to be however in a form approved by the Town Attorney and to have annexed -- thereto an addendum which covers such things as the fact that the sum will be in the amount of $40,750.00 dollars with billings to be at an hourly rate for all services incurred and the $40,750.00 dollar to be the maximum amount to be expended and contain provisions that are in concerning professional insurance, and BE IT FURTHER RESOLVED, that once an agreement is drafted and completed it should be presented to the Town Supervisor to authorize and direct the Town Supervisor to sign said agreement, and BE IT FURTHER RESOL VED, that this shall be paid for from Account No. W 12759951.200. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 105 of 1990, Introduced by Ronald Montesi who moved for its adoption, __. seconded by George Kurosaka. RESOLVED, that the Town Board of the Town of Queensbury hereby move into Executive Session for the some purposes of discussion in the previous Executive Session. Duly adopted this 5th day of February, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos 106 Noes: None Absent: None No action was taken. On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBUR Y