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1990-03-05 213 REGULAR TOWN I OARD MEETING MARCH 5, 1990 7:41 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Betty Monahan "OWN ATTORNEY-Paul Dusek 'OWN OFFICIALS Kathleen Kathe, Paul Naylor MEMBERS ABSENT Councilman George Kurosaka Councilman Ronald Montesi Supervisor Borgos-Called meeting to order. Spoke to the public in regard to Glens Falls Post Star misprint. OPEN FORUM 7:45 P.M. Pliney Tucker-Asked about traffic lights on Quaker Road? Supervisor Borgos-Explained that he has spoken numerous times with Mr. Austin, has written letters, and has been in contact with Niagara Mohawk. Mr. Austin has said at a County meeting that they removed five lights. Niagara Mohawk is willing to put up some temporary lights for us and their working on a plan for the whole stretch of Quaker Road that they will submit to us to look at the prices. I have been promised that all those lights will be up by early spring. Feels they've done all they can do at the moment. Jiney Tucker-Asked about the resolution pertaining to the sale of Town vehicles? Supervisor Borgos-Stated they have three older vehicles which two of them have at least more than 120,000 miles they are going out to bid with a minimum bid of $200.00. Barbara Bennett-Spoke in regard to the tax reduction for senior citizens property. Asked if the application still had to be in by March 1st, with the age still being 65 by the time you submit the application. Ms. Kathe-Stated it's 65 years old anytime within the year before December 31st of this current year. OPEN FORUM CLOSED 7:55 P.M. RESOLUTIONS RESOLUTION CALLING FOR EXECUTIVE SESSION _RESOLUTION NO. 144, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executives Session to discuss the following, matters of litigation and personnel. July adopted this 5th day of March, 1990, by the following vote: -.YES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION TO RECONVENE RESOLUTION NO. 145, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: 214 RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into Regular Session. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD Supervisor Borgos-Called for the Attorney's attention to a letter received from Tri-County United Way requesting a refund of a $50.00 deposit to hang a temporary banner at the corner of Bay and Quaker Roads. Town Clerk-Stated this wasn't refundable. Attorney Dusek-Stated he rendered a decision on one of those, but wasn't sure which one. Supervisor Borgos-Turned this over to the Attorney for him to look into. RESOLUTION TO SELL TOWN VEHICLES RESOLUTION NO. 146, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury has recently purchased new vehicles to replace certain older vehicles that had been in use by various departments in the Town of Queensbury and identified as follows: Year Model ID. No. Department 1985 Dodge Diplomat 133BG2641FX625289 Bldg. & Codes 1986 Dodge Diplomat 1B3BG265XGX607521 Bldg. & Codes 1970 Chevy Pickup CS140TI25738 Cemetery and WHEREAS,the Town Board of the Town of Queensbury, pursuant to Section 64 of the Town Law of the State of New York, is vested with the management and control of the aforesaid older vehicles, and WHEREAS, the Town Board of the Town of Queensbury, by virtue of reports received from the departments which own the existing vehicles, finds that the said vehicles are no longer needed for Town purposes, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby directs that the aforesaid vehicles described specifically as follows: Year Model ID NO. Department 1985 Dodge Diplomat 1B3BG2641FX625289 Bldg. & Codes 1986 Dodge Diplomat 1B3BG265XGX607521 Bldg. & Codes 1970 Chevy Pickup CS140TI25738 Cemetery shall hereby be sold by the Town Supervisor on behalf of the Town Board of the Town of Queensbury as follows: The Town Supervisor of the Town of Queensbury is hereby authorized and directed to advertise the vehicles for sale by advertising in the official newspaper for the Town of Queensbury that: 1) the Town of Queensbury will receive bids for the sale of the aforesaid vehicles, 2) the bids will be opened by the Town Clerk of the Town of Queensbury, and 3) the Supervisor is authorized to award the bid to the highest bidder for any vehicle, with the minimum bid to be that of $200.00 per vehicle, and lower bids will not be accepted, and BE IT FURTHER, RESOLVED, that the aforesaid advertisement shall appear in the official newspaper of the Town of Queensbury at least ten (10) days before the date the bids are to be opened and shall state the date the same are to be opened. 215 Duly adopted tPis 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION AUTHORIZING THE ISSUANCE OF $2.4 MILLION SERIAL BONDS OF THE TOWN OF QUEENSBURY TO FINANCE AN INCREASE IN COST FOR THE QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 147, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has heretofore created the Quaker Road Sewer District, hereinafter called the "District"; and WHEREAS, said Town Board has undertaken to construct improvements in such District consisting of a sanitary sewer system, hereinafter called the "Project"; and WHEREAS, the maximum amount proposed to be expended for the improvements in said District was the amount of Seven Million ($7,000,000.00) Dollars; and WHEREAS, Bonds were issued in the amount of $8,000,000.00 in 1987, $7,000,000.00 of which were issued for the Project; and WHEREAS, it became necessary to increase the aforesaid maximum amount to be expended to Nine Million Four Hundred Thousand ($9,400,000.00) Dollars; and WHEREAS, pursuant to the provisions of section 209-h of the Town Law of the State of New York, the Town Board of the Town of Queensbury authorized the proposed increase in expenditure for improvement upon the Project from $7,000,000.00 to $9,400,000.00; and WHEREAS, it is now desired to authorize financing for said increased cost; and WHEREAS, the action for which this funding is proposed has been reviewed by the Town Board pursuant to the mandates of the State Environmental Quality Review Act and the Town Board has determined the action to be a Type II Action for which an Environmental Impact Statement or other determination of proceedings under the Rules and Regulations are not necessary. NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, as follows: SECTION 1. The specific object or purpose to be financed pursuant to this resolution is an increase in the cost for the construction of a sanitary sewer system in the Quaker Road Sewer District in the Town of Queensbury, New York. SECTION 2. The cost of such specific object or purpose is $2.4 million and the plan for the financing thereof is issuance of $2.4 million serial bonds hereby authorized to be issued pursuant to the Local Finance Law. SECTION 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty (40) years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. It is hereby determined that pursuant to § 35.00 (B) of the Local Finance Law that this bond resolution is not subject to permissive referendum. SECTION 4. The faith and credit of said Town of Queensbury, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. SECTION 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law. SECTION 6. The powers and duties of advertising the bonds for sale, applying for a loan from 216 the State Water Pollution Control Revolving Fund (SWPCRF), if appropriate, and negotiating with the New York State Department of Environmental Conservation and the Environmental Facilities Corporation regarding the SWPCRF, if appropriate, conducting the sale and awarding the bonds, are hereby delegated to the Town Supervisor, who shall advertise the bonds for sale, apply for a loan from the SWPCRF, if appropriate, conduct the sale and award the bonds in such manner as he shall deem best for the interest of the Town of Queensbury, provided, however, that in the exercise of these delegated powers he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town Supervisor shall be a full acquittance to the purchaser of such bonds who shall not be obligated to see to the application of the purchase money. SECTION 7. The validity of such bonds or notes or any bond anticipation notes issued in anticipation of the sale of such bonds may be contested only if: 1) Such obligations are authorized for any object or purpose for which the Town of Queensbury is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of the publication of such resolution or summary thereof, or certificate, as the case may be, are not substantially complied with and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the constitution. SECTION 8. This resolution shall be published in full by the Town Clerk of the Town of Queensbury in the official newspaper of the Town of Queensbury, together with a notice of the Town Clerk substantially in the form provided in Section 81.00 of the Local Finance Law. SECTION 9. This resolution is not subject to permissive referendum. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD Supervisor Borgos-Explained that this resolution is related to increase costs in the Quaker Road Sewer District. Asked if this was the final resolution authorizing the Town to get the money? Attorney Dusek-Yes. Explained that this does two things: (1) It approves the serial bonds, what we call a bonding resolution that will allow the going forth with serial bonds or bond anticipation notes, and (2) It also allows an application to be made under DEC revolving fund. Supervisor Borgos-Stated under D.E.C. revolving funds the interest is 2/3rds of the going interest rate. Noted this will save the Town a substantial amount of money. RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN RESOLUTION NO. 148. 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is empowered by the Town Law of the State of New York and local regulations to appoint the Chairman for the Planning Board for the Town of Queensbury, and WHEREAS, the Planning Board has previously, by letter dated February 12, 1990, conveyed to the Town Board that it desires to recommend Richard Roberts as the Chairman, NOW, --- THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Richard Roberts as Chairman of the Planning Board for the Town of Queensbury, with his term to be in accordance with the Town Law of the State of New York and the rules and regulations adopted by the Town of Queensbury. Duly adopted this 5th day of March, 1990, by the following vote: 2.17 AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD BEFORE RESOLUTION Supervisor Borgos-Noted that there was a change to the State Police Sign. Has recommended that the word "Queensbury" appear where it is below State Police in approximately the same size and to remove the comma in the initials New York, centered under State Police and where it has previously been recommended it would have been painted for the word "Queensbury", recommended that it would be carved in and put in gold. The New York Police emblem is going to be white, but Queensbury would standout. This would cost $55.00 more to do this and total $1,100.00. Councilman Monahan-Wondered if they could put our logo in the sign? Supervisor Borgos-Doesn't think so. Councilman Monahan-Asked if the size conforms with the Sign Ordinance? Supervisor Borgos-Stated it does. Stated the sign will be situated so, when you look at the building, you will see the sign. RESOLUTION AUTHORIZING NEW YORK STATE POLICE SIGN RESOLUTION NO. 149, 1989 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for a sign to be placed on property owned by the Town of Queensbury whereat a New York State Police satellite office is located, and WHEREAS, a proposed agreement for the construction of said sign has been presented at this meeting, a copy of which is to be annexed to the resolution and made a part of the minutes of this meeting, --- NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the aforesaid, proposed agreement, a copy of which has been presented at this meeting, and to arrange the placement of the sign provided for therein on the property owned by the Town of Queensbury, whereat a New York State Police Satellite Station will be located, and BE IT FURTHER, RESOLVED, that payment for said sign shall come from account number H45 145 162 8300. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION TO UNTABLE/REVISE AND APPROVE THE FEE SCHEDULE FOR QUEENSBURY CENTER RESOLUTION NO. 1502 1990.Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, by Town Board Resolution No.: 439, dated October 12, 1988, the Town Board of the Town of Queensbury adopted a building use fee schedule for the Queensbury Activities Center, and WHEREAS, the Queensbury Center Advisory Committee has requested modifications to said fee schedule, said proposed, modified fee schedule being presented to this meeting, and WHEREAS, the aforesaid fee schedule was previously considered by the Town Board of the 218 Town of Queensbury as proposed resolution no. 108, 1990 and tabled by resolution no.: 109, 1990, so that further information could be obtained before the Town Board considered adoption of said tabled resolution, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolution be now taken from the table for consideration and revised as herein set forth: RESOLVED, that the proposed, modified building use fee schedule presented at this meeting be and the same hereby is adopted by the Town Board of the Town of Queensbury, and the fees for use of said building are established as set forth in the building use fee schedule, to be effective immediately and apply to all future users presently scheduled or unscheduled, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury shall annex a copy of the said building use fee schedule to the minutes of this meeting; and BE IT FURTHER, RESOLVED, that the resolution as revised be and the same hereby is adopted. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None (Fee Schedule Attached to ABSENT:Mr. Kurosaka, Mr. Montesi Minutes) RESOLUTION AUTHORIZING REPAIR OF SEWAGE PIPE RESOLUTION NO. 151, 1990, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Board of the Town of Queensbury is the governing board of the Central Queensbury Quaker Road Sewer District and, by virtue thereof, is vested with the powers to arrange for the repair of pipes within said Sewer District, and WHEREAS, Thomas K. Flaherty, Director of Water and Wastewater, has advised the Town Board that a portion of the sewer pipe, a part of said District, at or near Garrison Road, appears to be in need of repair as water or other fluids appear to be infiltrating the same, and WHEREAS, Thomas K. Flaherty, Director of Water and Wastewater for the Town of Queensbury, has, by way of memorandum dated March 1, 1990, advised that verbal proposals for the work have ranged from $5,000 to $8,000 and that DKC Construction has offered a proposal and construction contract in the amount of $3,986.00, a copy of said proposed contract being presented at this meeting, and WHEREAS, the amount of the repair is less than the amount which would require competitive bidding, pursuant to Section 103 of the General Municipal Law, and WHEREAS, the Town Attorney for the Town of Queensbury has reviewed the proposal and construction contract and has drafted an addendum thereto and has indicated his approval of the contract with the addendum, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the proposal and construction contract with Duke Kubricky Construction Corporation and hereby authorizes and directs the Town Supervisor to sign the same with the annexed proposed addendum, and BE IT FURTHER RESOLVED, that payment for the work to be performed pursuant to the terms of the proposal and construction contract shall be from Account No.S4-38-5-8130-440. 219 Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION AUTHORIZING ADVERTISING FOR BIDS ON AND SALE OF SCRAP METAL RESOLUTION NO. 152, 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town of Queensbury - City of Glens Falls Landfill, at Ridge Road, Queensbury, New York, receives and presently has stockpiled white goods, cars, appliances, metal apparatus, appliances made of metal and other items comprised of or chiefly made of metal, hereinafter referred to as "scrap metal", and WHEREAS, the Town Board of the Town of Queensbury has been advised that it may be possible to sell or have the said scrap metal removed at no cost to the Town of Queensbury - City of Glens Falls Landfill, and WHEREAS, it is determined that the scrap metal is personal property owned by the Town and that the Town Board of the Town of Queensbury, by the powers vested in it, pursuant to Town Law, Section 64, may dispose of such property if the same is not needed or useful for Town purposes, . NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the aforesaid scrap metal is not useful or needed for Town purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the Town Supervisor advertise that the Town Board of the Town of Queensbury will receive sealed bids or proposals for the sale or conveyance of said scrap metal in accordance with the terms and conditions provided in the contract drafted by the Town Attorney and presented at this meeting, and BE IT FURTHER RESOLVED, that the advertisement for bids shall appear in the official newspaper of the Town of Queensbury and also be posted upon the sign board of the Clerk of the Town of Queensbury and such advertisement shall be for a period of not less than ten days prior to the opening of bids, with the date the bids to be open, to be set by the Town Supervisor for the Town of Queensbury but, in no event, later than 30 days from the date hereof, and BE IT FURTHER RESOLVED, that the notice of advertisement shall be in a form approved by the Town Attorney. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENTS TO ZONING ORDINANCE RESOLUTION NO. 153, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is considering amending the Town of Queensbury Zoning Ordinance, Article 4, Sections 4.032 and 4.033 (Travel Corridor Overlay Zone), Section 4.052 (Designated Streets) and Article 8, Section 8.010 (General Exception to Minimum Lot Area Requirements) as follows: I) SECTION 4.032 DESIGNATED ARTERIALS: The following roads have been designated as Regional Arterial Roads within the Town of Queensbury and shall comply with the requirements of the Travel Corridor Overlay Zone. For purposes of this Section of the Ordinance, "Regional Arterial Roads" shall be defined its those listed below: Route 9 from the Glens Falls City Line north to the Lake George Town Line Ridge Road from the Glens Falls City Line north to Route 149 Corinth Road from the Luzerne Town Line east to Route I-87 Main Street from Route 1-87 east to the Glens Falls City Line Relocated Aviation Road from Route I-87 east to Route 9 Quaker Road from Route 9 east to Dix Avenue Route 149 from Route 9 east to the Fort Ann Town Line Bay Road from the Glens Falls City Line north to Route 149 Il) SECTION 4.033 REGULATIONS: All building hereafter erected or altered within this Travel Corridor Overlay District shall be set back seventy-five (75) feet from the edge of the edge of the road Right of Way. Along Bay Road only, this seventy-five (75) foot setback shall be maintained as open space, as defined by this Ordinance. I11) SECTION 4.052 DESIGNATED STREETS B. Local Arterial Streets Bay Road to be omitted from this list IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS: Any nonconforming lot of record as of the date of this Ordinance which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided that: As of the date of this Ordinance and thereafter, such a lot does not adjoin other lots in the same ownership provided however, that all such lots in the same ownership shall be treated together as one lot except that this provision does not apply to subdivisions approved and filed prior to the date of approval of this ordinance, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, and after reviewing the Generic Environmental Impact Statement, finds that the Generic Environmental Impact Statement did not address this particular action, and BE IT FURTHER RESOLVED, that, after reviewing the criteria contained in Sections 617.11 and 617.15, and thoroughly analyzing the proposed amendments 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, pursuant to Section 617.15, the annexed Negative Declaration is hereby approved and the Town Clerk, Darleen M. Dougher, 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 5th day of March, 1990, by the following vote: 221 AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION TO AMEND ZONING ORDINANCE ARTICLE 4, SECTIONS 4.032 & 4.033 (TRAVEL CORRIDOR OVERLAY ZONE), SECTION 4.052 (DESIGNATED STREETS) AND ARTICLE 8, SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS RESOLUTION NO. 154, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury is desirous of adopting the following amendments, supplements, changes and/or modifications to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988, and more specifically a revision of Article 4, Sections 4.032 & 4.033 and Section 4.052, and Article 8, Section 8.010, as shown by the underlined segments below: I) SECTION 4.032 DESIGNATED ARTERIALS: The following roads have been designated as Regional Arterial Roads within the Town of Queensbury and shall comply with the requirements of the Travel Corridor Overlay Zone. For purposes of this Section of the Ordinance, "Regional Arterial Roads" shall be defined as those listed below: Route 9 from the Glens Falls City Line north to the Lake George Town Line Ridge Road from the Glens Falls City Line north to Route 149 Corinth Road from the Luzerne Town Line east to Route I-87 Main Street from Route I-87 east to the Glens Falls City Line Relocated Aviation Road from Route I-87 east to Route 9 Quaker Road from Route 9 east to Dix Avenue _ . Route 149 from Route 9 east to the Fort Ann Town Line Bay Road from the Glens Falls City Line north to Route 149 II) SECTION 4.033 REGULATIONS: All building hereafter erected or altered within this Travel Corridor Overlay District shall be set back seventy-five (75) feet from the edge of the road Right of Way. Along Bay Road only, this seventy-five (75) foot setback shall be maintained as-o en space, as defined by this Ordinance. III) SECTION 4.052 DESIGNATED STREETS B. Local Arterial Streets Bay Road to be omitted from this list IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS: Any nonconforming lot of record as of the date of this Ordinance which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided that: As of the date of this Ordinance and thereafter, such a lot does not adjoin other lots in the same ownership provided however, that all such lots in the same ownership shall be treated together as one lot except that this provision does not apply to subdivisions approved - and filed prior to the date of approval of this ordinance, and WHEREAS, a public hearing was held by this Town Board on February 26, 1990, at 7:30 p.m., in the Queensbury Activities Center, Bay at Haviland Road, Queensbury, New York, and WHEREAS, the Warren County Planning Board recommended approval of said proposed changes on February 14, 1990, and WHEREAS, the Planning Board of the Town of Queensbury recommended approval of said proposed 222 changes on February 28, 1990, and WHEREAS, the Adirondack Park Agency was duly notified of said proposed changes and Richard Hoffman, of the Agency, has contacted the Town Attorney by phone and advised that the changes appear generally acceptable if one amendment is made to the changes proposed for Section 8.010 (General Exception to Minimum Lot Area Requirements), and WHEREAS, the said change requested by the APA and the only change made to the proposed Ordinance modifications is to delete the words "and thereafter", which appear in the first paragraph of Section 8.010, while the words "and thereafter" will remain in the second paragraph of that same section, and WHEREAS, the deletion of the words "and thereafter" will clarify the intent of the Town Board and will not significantly alter the proposed modifications and will not, therefore, require _ further SEQRA proceedings or public hearings, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the proposed amendments, supplements, changes and/or modifications to the Zoning Ordinance will have no significant environmental impacts, and WHEREAS, the Town Board of the Town of Queensbury has considered the effects of the proposed amendments, supplements, changes and/or modifications to the Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, that the Zoning Ordinance of the Town of Queensbury, Article 4, Sections 4.032 & 4.033 (Travel Corridor Overlay Zone), Section 4.052 (Designated Streets) and Article 8, Section 8.010 (General Exception to Minimum Lot Area Requirements) are hereby amended as follows: I) SECTION 4.032 DESIGNATED ARTERIALS: The following roads have been designated as Regional Arterial Roads within the Town of Queensbury and shall comply with the requirements of the Travel Corridor Overlay Zone. For purposes of this Section of the Ordinance, "Regional Arterial Roads" shall be defined as those listed below: Route 9 from the Glens Falls City Line north to the Lake George Town Line Ridge Road from the Glens Falls City Line north to Route 149 Corinth Road from the Luzerne Town Line east to Route I-87 Main Street from Route I-87 east to the Glens Falls City Line Relocated Aviation Road from Route I-87 east to Route 9 Quaker Road from Route 9 east to Dix Avenue Route 149 from Route 9 east to the Fort Ann Town Line Bay Road from the Glens Falls City Line north to Route 149 11) SECTION 4.033 REGULATIONS: All building hereafter erected or altered within this Travel Corridor Overlay District shall be set back seventy-five (75) feet from the edge of the road Right of Way. Along Bay Road only, this seventy-five (75) foot setback shall be maintained as open space, as defined by this Ordinance. III) SECTION 4.052 DESIGNATED STREETS B. Local Arterial Streets Bay Road to be omitted from this list IV) SECTION 8.010 GENERAL EXCEPTION TO MINIMUM LOT AREA REQUIREMENTS: Any nonconforming lot of record as of the date of this Ordinance which does not meet the minimum lot area and/or minimum lot width requirements of this Ordinance for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided that: As of the date of this Ordinance and thereafter, such a lot does not adjoin other lots in the same ownership provided however, that all such lots in the same ownership shall be treated together as one lot except that this provision does not apply to subdivisions approved and filed prior to the date of approval of this ordinance, and 223 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 amendments be published in the Glens Falls Post Star and obtain an Affidavit of Publication, and RESOLVED, that these amendments take effect ten (10) days after said publication, and any part of the Zoning Ordinance which is in consistent with said amendments shall be deemed amended or repealed. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION TO INCREASE SOLID WASTE DISPOSAL FEES RESOLUTION NO. 155, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town Board of the Town of Queensbury has evaluated the fee currently charged for commercial haulers (defined as one who hauls for someone other than himself for a fee or not, and a corporation or individual hauling for itself) to dispose of solid waste at the Ridge Road landfill site, and WHEREAS, the Town Board of the Town of Queensbury desires to revise said fee, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby increases the commercial haulers fee from $2.00 per cubic yard to $6.00 per cubic yard, said increase to take effect on March 7, 1990, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the fee structure is fair as established and appropriate in light of anticipated expenses. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD BEFORE VOTE Supervisor Borgos-Explained that this was a recommendation to increase the fee for commercial haulers not for private citizens. Private citizens will stay $2.00, commercial haulers will go from $2.00 to $6.00. Wanted to bring this to the public's attention that one area landfill went to $5.00 per cubic yards which means ours at $2.00 per cubic yards was attractive to people. We also want to generate more revenue for landfill closure and at the same time encourage people not to put so much stuff in the garbage. The impact on the typical household who has somebody else pick up their garbage should be between .15 and .20 cents per week for someone who has two pails of garbage. Pliney Tucker-Asked if this could be done without a public hearing? Supervisor Borgos-Yes. Mr. Brewer-Asked if the press was going to be aware of this? Supervisor Borgos-Asked Ms. Kathe to contact press. 224 RESOLUTION REAPPOINTING MEMBER TO RECREATION COMMISSION M RESOLUTION NO. 156, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, Sharron Simmonds term on the Town of Queensbury Recreation Commission expired on February 27, 1990, and WHEREAS, the Town Board of the Town of Queensbury has the authority to reappoint Sharron Simmonds to a five (5) year term on said Commission, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reappoints Sharron Simmonds of Queensbury to serve as a member of the Recreation Commission for a five (5) year term to commence immediately and to end on February 28, 1995. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD BEFORE VOTE Mrs. Monahan-Noted that Sharron Simmonds, has done an excellent job on the Recreation Commission. RESOLUTION TO ACCEPT RESIGNATION FROM PLANNING BOARD RESOLUTION NO. 157, 1990,Introduced by the Entire Town Board: WHEREAS, Mr. Joseph Dybas, was serving as a Planning Board Member of the Planning Board of the Town of Queensbury and has submitted a letter of resignation to be effective March 1, 1990 NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the letter submitted by Mr. Dybas and hereby further considers the position Mr. Dybas occupied on the Planning Board for the Town of Queensbury now vacant and be it further RESOLVED, that the Town Board of the Town of Queensbury hereby notes that Mr. Dybas has served for a number of years and accepts his letter of resignation with regret. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi Mrs. Monahan-Stated that Joe Dybas, has been an outstanding member of the Board and dedicated member of the Board. I think we're all very sorry that for personal reasons he has decided that he has to resign. Supervisor Borgos-Seconded this. He has done a fantastic job and is a very stabilizing influence. Pliney Tucker-Asked if the new people that apply for positions on the Board are interviewed by the Town Board? _ Supervisor Borgos-Stated they have detailed resumes. Sometimes we interview people and sometimes we don't. Stated they look at people resumes as far as education, and qualifications, are concerned. Their experiences in either business or environmental studies whatever it seems to be that we think we need on the Board and on this basis and reputation as known in the community this is how we make a decision. Pliney Tucker-Asked if they look at conflict of interest? 225 Supervisor Borgos 4 Yes. Councilman Monahan-Stated they have in the past held training sessions for the members of Boards plus seminars they can go too. Thinks that they might do more of this in the future. RESOLUTION OF APPOINTMENT TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 158, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, as the result of accepting the resignation of Mr. Joseph Dybas there is currently a vacancy on the Planning Board and WHEREAS, the Town Board of the Town of Queensbury has reviewed application for said position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. Conrad Kupillas as a member of the Planning Board for the Town of Queensbury and to fill the unexpired term of Mr. Joseph Dybas, said term to expire on September 30, 1994. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION REGARDING CHANGE ORDER #9 STATE POLICE SATELLITE OFFICE RESOLUTION NO. 159, 1990,Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: r WHEREAS, the Town Board of the Town of Queensbury has previously awarded a contract to Hilltop Construction Inc. for the general construction phase of the building that the town is presently constructing to house a New York State Police Satellite Office, and WHEREAS, Hill Top Construction Inc. has submitted a change order identified as change order number 9 dated March 5, 1990 for the Town Board's consideration, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves change order number 9 dated March 5th, 1990 which change order shows a net increase in the cost of the project insofar as the construction cost of Hill Top Construction is concerned of One Thousand Three Hundred and Fourteen Dollars and ninety-six cents ($1,314.96) and hereby further authorizes the Town Supervisor to execute the same on behalf of the Town Board and hereby further directs that payment of said change order shall be made from the same account that all payments are being made for construction of the State Police Building. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi DISCUSSION HELD BID OPENING Town Clerk-Stated a bid opening was held on March 5th, 1990 for a Single Axle Dump Truck for Highway Department. Bids were as follows: Latham Motors L8000 Ford $72,192.00 Box 699, Latham,NY NC Attached Alternate $75,223.00 Orange Motors L8000 Ford $72,230.43 226 799 Central Ave. NC Attached Albany, NY 12206 H.L. Gage Sales Inc. International Model $74,602.00 P.O. Box 5170 NC Attached Albany, NY 12205 Alternate 10 speed in lieu $1,049.00 (additional) 7 speed spicer called for in specs. Supervisor Borgos-Asked Superintendent Naylor, if he was satisfied with the bid results? Mr. Naylor-Stated he went to the Association wondering why the County doesn't bid for single _ axle trucks. The Superintendent was out of Town so no one did it and we ended up doing it ourselves. Stated there are five other Towns in this County that want trucks. Stated if they all went together we might have gotten a lower price. Asked Supervisor Borgos if he could bring this message to the County? Supervisor Borgos-Stated he is now a member of the DPW Committee and will take this message to the County. RESOLUTION TO ACCEPT BID FOR DUMP TRUCK RESOLUTION NO.160, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Director of Purchasing for the Town of Queensbury, Warren County, New York, duly advertised for bids for one (1) Single Axle Dump Truck with plow & sander, pursuant to Town of Queensbury Highway Department Specifications, and WHEREAS, the firm of Latham Motors has submitted the lowest bid for the said dump truck, a copy of the bid tabulation sheet being attached hereto, and WHEREAS, Paul H. Naylor, Town Highway Superintendent, has recommended that the bid be awarded to the aforesaid bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, hereby awards the bid for one (1) Single Axle Dump Truck with plow & sander to Latham Motors, and that said truck be paid from the Heavy Equipment Account No.: D 165 5130 204. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 161, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOLVED, that abstract appearing on March 5th, 1990 numbering 90 1005 through 90 1186 and totaling $134,347.57 is hereby approved. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka, Mr. Montesi RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 162, 1990,Introduced by Mrs. Betty Monahan who moved for its adoption, 22 71 seconded by Mrs. Marilyn Potenza: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss the following matter, real property acquisition. Duly adopted this 5th day of March, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: None NBSENT:Mr. Kurosaka, Mr. Montesi _Dn motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, MISS DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY QUEENSBURY CENTER Building Use Fee Schedule (Proposed Revision FEES AREA OF USE Queensbury Community Non-Resident or Non-Profit Organization Business/Commercia <_4 hrs 4+ hrs < 4 hrs 4+ hrs Large Activity Room $50 $75 $85 $120 (up to 200 persons) 1/2 Activity Room $30 $45 $50 S 75 Small Meeting Room S10 $15 $15 $ 20 (6-8 persons) Kitchen 1)for food service only, not S20 SZ0 $30 $ 30 meal preparation 2)service of beverages and/or no fee no fee no fee no fee light refreshments only Exempt from fees: Queensbury Senior Citizens, Inc. Town Municipal functions Town sponsored functions "Queensbury Community Non-Profit Organizations" are those not-for-profit groups that are based located in the Town of Queensbury, OR Glens Falls- significant not-for-vrofit groups with significant membership and/or activities in the Town of Queensbury. r-profit or otherwise) "Non-Resident or Business/Commercial" includes the City of GlenssFalls-fo Business or commercial not located in the Town of Queensbury entities shall pay the same fees as non-resident groups, whether or not they are residents of Queensbury. Set-UP for Use ted on All set-up will be done by Town staff as and providing othercequipment ( if is ailable) as includes setting up tables and designated on the form. ´┐Żu_sto d i al Chare o additional custodial charge is made An additional custodial charge normal ll be required ofsnonr the Center (Monday through Friday) . exempt groups for use of the building ustodial time will be charged for n setting upw and ecleaning holidays) . A minimum of two hours c up.