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1990-09-10 REGULAR TOWN BOARD MEETING SEPTEMBER 10th, 1990 7:30 P.M. MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan TOWN ATTORNEY Paul Dusek TOWN OFFICIALS Kathleen Kathe, Richard Roberts,Paul Naylor PRESS G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE KUROSAKA SPECIAL PRESENTATION Supervisor Borgos presented Mr. Richard Roberts with a plague for his service since December 30, 1971 as a member of the Planning Board and as Chairman of the Planning Board since January 4, 1978. PUBLIC HEARING 7:40 P.M. ZONING AMENDMENT SUPERVISOR BURGOS-I'll ask the Clerk if this has been properly advertised? TOWN CLERK-Yes. SUPERVISOR BORGOS-Anyone wish to speak for or against or ask questions about this proposed amendment? Seeing no hands, I'll ask the Board, any members? COUNCILMAN KUROSAKA-How is this going to effect the people who have requested a zoning change be added to a light industrial zone on Corinth Road one of them is the junkyard. . COUNCILMAN MONAHAN-They are preexisting nonconforming. COUNCILMAN KUROSAKA-But, it's not part of the zone right now your going to put it in that light industrial zone and ask us to rezone it. SUPERVISOR BORGOS-I'll ask our Attorney for an answer. ATTORNEY DUSEK-That works into a rather unique situation because it is a nonconforming use in the other zone even if you change the zone and put a zone around it that it's not in it's still a nonconforming use. What it does though for the person who owns that property a is if they ever wanted to give up that junkyard they will then have the array of uses that are possible under light industrial instead of what they're currently zoned which I believe is residential. SUPERVISOR BORGOS-That's on VanDusen Road. COUNCILMAN KUROSAKA-One house sits in front of a junkyard and has always been a junkyard it's on Saunders Road, you know the one Pliney. The people we talked to about that they wanted to add to it later I just wanted to make sure that this doesn't preclude their joining that zone that is there. Then somebody is going to scream at you that you have a junkyard the people over on Stephanie Lane or somebody else it's this preexisting thing they can join the zone with no problem. ATTORNEY DUSEK-They can join the zone, but they're not going to get any further rights 121 in connection with their junkyard. COUNCILMAN KUROSAKA-How about expanding the junkyard into that piece of property in front which is what they want to do. ATTORNEY DUSEK-They are limited by the Zoning Ordinance on any expansions. COUNCILMAN KUROSAKA-That's why I want to make sure that this does not effect that piece of property in front. ATTORNEY DUSEK-Actually this makes it better. Before if you had just transferred that property into light industrial without making these changes they would have been able to expand their junkyard. COUNCILMAN KUROSAKA-The only conceivable use for that house that is in front of the junkyard is to expand that junkyard. ATTORNEY DUSEK-But, they won't be able to under this section unless they get a variance of some kind. COUNCILMAN KUROSAKA-Holly Christmas, this wasn't the intent. This was not the intent of this Board. COUNCILMAN MONAHAN-Yes it was we always said we were going to take junkyard. COUNCILMAN KUROSAKA-Not for that particular piece. COUNCILMAN MONAHAN-Well then they shouldn't have asked to come in. COUNCILMAN KUROSAKA-We told them to wait remember. SUPERVISOR BORGOS-This regulation was not addressing that particular circumstance which has arisen since that time. COUNCILMAN KUROSAKA-No. Well it existed before because they asked us to come in to that zone at the beginning. We said, wait we can add you later that's what we told them and our Planning Department told them. COUNCILMAN MONAHAN-I know why it had to be added later because it hadn't been advertised at that time. COUNCILMAN KUROSAKA-But, we almost assured them that we add them later. SUPERVISOR BORGOS-I don't know that this Board has ever been asked nor did they ever make an argument for expanding that junkyard. COUNCILMAN MONAHAN-We always said we wanted junkyards out of that zone when we talked about rezoning. COUNCILMAN KUROSAKA-Wait a minute now. That's an existing junkyard and a woman came in specifically and wanted her piece of property hooked into that junkyard and then she could sell that piece of property for use. SUPERVISOR BORGOS-I don't think that she wanted it to be a junkyard she wanted it to be,a light industrial zone to match the others. I don't believe she ever asked. . . COUNCILMAN KUROSAKA-What else can you use it for? SUPERVISOR BORGOS-It could be a machine shop. COUNCILMAN MONAHAN-She could get rid of the whole junkyard if she wanted to and sell the whole thing as light industrial. SUPERVISOR BURGOS-I think that was her argument she wanted the parcel as light industrial. COUNCILMAN POTENZA-She wanted it out of residential into light industrial. COUNCILMAN MONAHAN-Right off the bat that was what all the neighbors wanted to do is get the junkyards out of that zone and we said we wanted to, too, but we rezoned it before we got them out. COUNCILMAN KUROSAKA-The way I understood the lady she said the only conceivable 122 use for that is,to expand the junkyard it's too small a piece to use for anything else. SUPERVISOR BORGOS-I think she said the only conceivable use was for light industrial. COUNCILMAN KUROSAKA-But, it's an awful small lot it's a residential lot it's not very big what can you put in a light industrial. COUNCILMAN POTENZA-Paul, do have a list of what goes into light industrial? ATTORNEY DUSEK-I didn't bring it with me this evening. COUNCILMAN KUROSAKA-I just didn't want to preclude that person taking that. . . ATTORNEY DUSEK-Maybe this would help she is precluded in any event even if she stays in her current zone. COUNCILMAN KUROSAKA-What? COUNCILMAN POTENZA-She is precluded anyway. SUPERVISOR BORGOS-Even if it stays residential. COUNCILMAN KUROSAKA-That what I'm trying to prevent is to make her go in for a variance for that damn thing. COUNCILMAN POTENZA-You can't because the discussion was light industry and it was the understanding 'of those people that lived on Stephanie Lane that backed up to this land that we would rezone it light industry with the understanding that junkyards and batch plants would be excluded from light industrial and put into industrial. COUNCILMAN KUROSAKA-My understanding from talking to the people at the meeting here that the woman wanted the right to be able to sell this to the junkyard for expansion just that particular piece that's all. COUNCILMAN POTENZA-That wasn't my understanding. My understanding was that the woman wanted to go from residential and join that property that we had now designated light industry. COUNCILMAN KUROSAKA-She came in before we said anything about precluding junkyards and stuff she wanted to be added to that period. COUNCILMAN MONAHAN-We discussed that the very first night when we talked about rezoning that property. COUNCILMAN KUROSAKA-We didn't even get into specific's about precluding junkyards. COUNCILMAN MONAHAN-Yes we did that very first night the rezoning came in front of US. COUNCILMAN POTENZA-They were very vocal that they did not want. . . COUNCILMAN KUROSAKA-That is Stephanie Lane, this is what the lady said that owned that particular piece of property. COUNCILMAN POTENZA-The people on Stephanie Lane were concerned. . . COUNCILMAN KUROSAKA-This is no-where near Stephanie Lane. This particular piece of property goes onto VanDusen Road. COUNCILMAN POTENZA-But, the area that we were rezoning from residential to light industry that fronted on Corinth Road a lot of those properties backed up to the back yards j of those homes that were on Stephanie Lane. j COUNCILMAN KUROSAKA-This piece of property does not back on Stephanie Lane. COUNCILMAN POTENZA-I understand that George, but she wanted to join the discussion about rezoning that we were rezoning on Corinth Road which was indeed residential to light industry. MR. TUCKER-Can I say a word? SUPERVISOR BORGOS-Yes, we're still in the public hearing. Would you come to the microphone name, address, the whole bit please. r MR. TUCKER-Ward 4. The night the lady was here she had made the statement that she had her's for sale as a residential piece of property and she could not sell it. She wanted it included in the light industry because she said she had a better chance of selling it. The back part of her property where the junkyard is has been sold someone else is running the junkyard. The way I understand it now if she gets zoned light industry and she sells it to the guy who owns the junkyard the guy that owns the junkyard has got to come in here to try to expand the junkyard, is that correct? SUPERVISOR BORGOS-I would think that would be the only opportunity. Thank you. COUNCILMAN KUROSAKA-I thought that the lady would want to prevent that. SUPERVISOR BORGOS-I don't think so. I think she just wanted the chance to be light industrial. COUNCILMAN MONAHAN-George, if you didn't make it go through site plan review. . . COUNCILMAN KUROSAKA-I'm not saying site plan review, I'm just saying you shouldn't have to go through a variance for it. COUNCILMAN MONAHAN-If you don't go through the whole thing then you have the potential for that coming out further and ruining all the uses of that area around there who won't be able to sell the land for anything and for the light industrial use. COUNCILMAN POTENZA-Not only further, but in every area of the Town that is being rezoned light industry like Quaker Road. SUPERVISOR BORGOS-Any other further comments from the Board members? Any other further comments from the public? PUBLIC HEARING CLOSED 8:47 P.M. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF AMENDMENTS TO ZONING ORDINANCE RESOLUTION NO. 5051, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, -- seconded by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is considering amending the Town of Queensbury Zoning Ordinance, as follows: I. Omit from the Light Industry Zone, Section 4.020-N, the following Type II Permitted Uses: A) Enclosed Batch Plants B) Junkyards 2. Add to the list of Type II Permitted Uses in the Heavy Industry Zone, Section 4.020-0, the following: A) Enclosed Batch Plants B) Junkyards 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 a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, i NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED. that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and 124 BE IT FURTHER RESOLVED, that, pursuant to Section 617.15, the annexed Negative. Declaration is hereby approved and the Planning Department 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 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. Borgos i NOES: None ABSENT:Mr. Montesi RESOLUTION TO AMEND ZONING ORDINt NCE TO OMIT ENCLOSED BATCH PLANTS AND JUNKYARDS FROM THE LIST OF TYPE II PERMITTED USES IN THE LIGHT INDUSTRY ZONE, ARTICLE 4, SECTION 4.020-N AND .TO ADD THEM TO THE HEAVY INDUSTRY ZONE, ARTICLE 4, SECTION 4.020-0 RESOLUTION 5061, 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 amendment, supplement, change and/or modification to the Town of Queensbury Zoning Ordinance which was adopted on October 1, 1988: 1. Omit from the Light Industry Zone, Section 4.020-N, the following Type II Permitted Uses: A) Enclosed Batch Plants P) Junkyards 2. Add to the lost of Type II Permitted Uses in the Heavy Industry Zone, Section 4.020-0, the following: A) Enclosed Batch Plants B) Junkyards WHEREAS, a public hearing was hel.i by this Town Board on September 10, 1990, at 7:30 p.m., in. the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and WHEREAS, the Planning Board of the Town of Queensbury recommended approval of said proposed changes on August 28, 1990, and WHEREAS, the Adirondack Park Agency and all adjacent Towns and Villages have been duly notified of said proposed amendment, and WHEREAS, the Warren County Planning Board recommended approval of said proposed addition on August 8, 1990, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the proposed amendment, supplement, change and/or modification to the Zoning Ordinance will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury has considered the effects of the proposed amendment, supplement, change and/or modification to the Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. Omit from the Light Industry Zone, Section 4.020-N, the following Type II Permitted Uses: A) Enclosed Batch Plants B) Junkyards 2. Add to the list of Type II Permitted Uses in the Heavy Industry Zone, Section 4.020-0, 125 the following: A) Enclosed Batch Plants B) Junkyards 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 amendment be published in the Glens Falls Post Star and obtain an Affidavit of Publication, and BE IT FURTHER RESOLVED, that this amendment take effect ten (10) days after said publication, and any part of the Zoning Ordinance which is inconsistent with said amendment shall be deemed amended or repealed. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mrs. Potenza, Mrs. Monahan, Mr. Borgos NOES: Mr. Kurosaka ABSENT:Mr. Montesi COUNCILMAN KUROSAKA-Noted the reason he was voting no is because of the one specific piece of property that has to be added to the zone on Corinth Road which has nothing to do with Stephanie Lane. Noted he was in favor in principal of the thing except for that one particular use. HEARINGS UNSAFE STRUCTURE MANNION PROPERTY 7:50 P. M. TOWN CLERK-Read the following letter: Dear Board Members: This letter is in reference to the Brian Mannion property location at 277 Central Avenue in West Glens Falls. At the last meeting, the Board observed the pictures from the interior of this building and say many of the conditions that existed which are on file with the Town Clerk. It is my recommendation that if Mr. Mannion requests to repair this property that he submit for a Building Permit and bring the building up to today's Codes. As was noted in several of the photographs, there are signs of structural collapse in the floor system and the roof system as well as the roof showing signs of needed repair. Through the Building Permit process, we can inspect any framing that is repaired and require any framing that we feel necessary to repair the structural stability of the structure and the interior finishes would also be inspected as well as any electrical. Once everything was brought back up to Code, this Department could then issue a Certificate of Occupancy for the structure. I feel this is the best way to handle this situation. I would ask that the Board request that Mr. Mannion work on these violations as soon as possible and possibly put a time limit as to the day when a Certificate of Occupancy should be issued, therefore, not prolonging this project. The building has been posted as of this date and I will not allow any occupancy until the building is brought up to Code. I apologize for not being at this meeting because I am attending a conference in New York City. Very truly yours, Dave Hatin, Director of Building and Codes DISCUSSION HELD SUPERVISOR BORGOS-Thank you. Mr. Mannion, would you come up and identify yourself, please? 126 BRIAN MANNION-7 Sylan Avenue. SUPERVISOR BORGOS-Your the owner of the property that we're talking about? MR. MANNION-Yes. SUPERVISOR BORGOS-What's the address of that property? MR. MANNION-It's 277 Central Avenue. SUPERVISOR BORGOS-We have seen photographs of that at the last meeting. MR. MANNION-I haven't seen them. Whatever damage was done was done by the people in there. SUPERVISOR BURGOS-Our big concern is to make sure no one lives there under the conditions that we saw before and to be sure your planning to comply to bring it back into condition. MR. MANNION-I told Mr. Hatin that last week. SUPERVISOR BURGOS-Have you applied for a building permit? MR. MANNION-No, because I haven't had a contractor give me a definite price yet. SUPERVISOR BORGOS-Let me ask our Attorney. On the basis on the notices that have gone out that I haven't personally seen what action would be appropriate from the Board this evening. Do we simply need the wor J from the owner that he is intending to have this situation remedied then he gets so many days i i which to do that is that,adequate? ATTORNEY DUSEK-The previous notice that was served on the owner indicated that the Board found several conditions which they felt sho�Ad be remedied on the building and also indicated that Mr. Mannion had 30 days in which to start 60 days in which to complete. I guess the question is of M . Mannion at this point is, One, do you wish to contest any of that and Two, do you need any further time than what has been alloted? MR. MANNION-No. ATTORNEY DUSEK-No to both questions? MR. MANNION-Yes. COUNCILMAN KUROSAKA-Your willing to comply with the 60 days? MR. MANNION-No problem. The whole, thing was th..t I wanted the people out of there and at least they are out now so I can start the work that's all I really wanted in the beginning. ATTORNEY DUSEK-Then all the Board would have to do is pass a resolution indicating that it's prior order is unchanged and will remain in effect. RESOLUTION OF CONTINUATION OF PRIOR ORDER RESOLUTION NO. 507, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the prior order of this Board shall remain in effect based upon the statements made by Mr. Mannion at this meeting no further Board action will be taken pending the completion of sixty (60) days. Duly adopted this 10th day of September, 1990, by the fob awing vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mrs. Monahan, Mr. I orgos NOES: None ABSENT:Mr. Montesi DISCUSSION HELD COUNCILMAN POTENZA-I'm just curious, Mr. Mannion when did you get notification? MR. MANNION-A week ago Friday. 127 COUNCIIAIAN POTENZA-Thank you. MR. MANNION-It was delivered to my house by the gentleman that works in the Court. SUPERVISOR BORGOS-We will expect that you will apply for a building permit within the next two weeks probably. MR. MANNION-Definitely. UNSAFE STRUCTURE -TOOMEY PROPERTY 7:55 P.M. SUPERVISOR BORGOS-1111 ask the Attorney the present status of this in terms of notifications and time frames? ATTORNEY DUSEK-This is a continuation of the previous hearing and Mr. Hatin, once again issued a memo which I gather you didn't get that one either. The Clerk', I believe has it if you would like her to read it to you. SUPERVISOR BORGOS-Please. TOWN CLERK-Read the following letter: Dear Board Members: This memo is in reference to the Toomey property. On Tuesday, August 28, 1990, I met with Ron Montesi and Kevin Toomey at the Toomey property on Sunnyside East Road. During that time, Ron Montesi, Kevin Toomey and I discussed the cleaning up of the property. I believe it was a general consensus that all structures except the cement slab and the dock slab should be removed and all material such as metal, barrels and miscellaneous debris be cleaned up from the property and a railing be erected on the northeast corner of the cement slab in order to take away any concern of somebody falling off the slab. The rest of the slab showed only a 6 - 12 inch drop and therefore, we did not feel that this was much of a hazard to anybody. As far as mowing the property and cleaning up the grass, I think this is something that could be worked out with the Toomey's. Therefore, I would ask the Board to require the Toomey's to clean up the property within a certain period of time and make the correction to the one corner of the slab with a railing and I feel that this matter could become closed and require not further action by the Board. I apologize for not being at this meeting, but Kip Grant and I are attending a sprinkler conference in New York City; otherwise, I would be present. Very truly yours, David Hatin, Director of Building and Codes DISCUSSION HELD COUNCILMAN POTENZA-Is there a time element? SUPERVISOR BORGOS-Let me ask Mr. Toomey if that is essentially what was agreed upon? MR. TOOMEY-Yes. We were undecided at the time as far as the family was concerned whether we would like to go through the process of possible being able to use that other section that is there we hadn't really made a final decision until over the weekend. We decided that we would like to address that and if, infact it becomes unfeasible then we will do whatever is necessary to remove it. SUPERVISOR BORGOS-What is the time frame status at the moment? ATTORNEY DUSEK-Well the Board had a hearing it's previous time frame that it would have set forth in the original notice that was served on Mr. Toomey which would have been before the last hearing in August would be 30 to 60 days unless it's modified by this Board tonight. SUPERVISOR BURGOS-What's the time frame you believe it would take you to clean up the property? MR. TOOMEY-We can absolutely comply with it, I don't believe there is any problem with that. We would like the option to address that other area if that is possible. 128 COUNCILMAN MONAHAN-Kevin, when you say the other area your talking about the area where the steel girders are? MR. TOOMEY-Yes. SUPERVISOR BORGOS-I just understood the letter that was submitted to include the steel girders and leave only the cement are you saying something different? MR. TOOMEY-Yes. When we discussed before. . . SUPERVISOR BORGOS-I remember going way back, but now I just heard the letter I thought the letter said the only thing that will stay is the cement slab and your going to put a rail on that. MR. TOOMEY-Yes. Talking with the Board the last time we were in front of you it was stated that it would be possible to go through a variance type situation to see if that would be acceptable to use that other area. We think we would like to address that if that is possible. SUPERVISOR BORGOS-Would you agree to file for a variance within say two weeks of tonight? MR. TOOMEY-Absolutely, this week. SUPERVISOR BORGOS-And if your variance is denied you'll agree to tear it out? MR. TOOMEY-Absolutely. SUPERVISOR BORGOS-Within thirty days of the time that is denied? MR. TOOMEY-Absolutely. COUNCILMAN KUROSAKA-The question is and we have a letter of recommendation what do we do with it? SUPERVISOR BORGOS-I think we can take some action. I personally would recommend that we accept the recommendations of the letter with the exception of the area that has the steel girders with the understanding. . . COUNCILMAN KUROSAKA-Which means you'll reject the letter. SUPERVISOR BORGOS-No. We're accepting most of the letter, but only with the understanding that the Toomey's would apply within two weeks and fill out the formal application for a variance. COUNCILMAN KUROSAKA-We're right back from where we started from. COUNCILMAN MONAHAN-George there was conversation you weren't here I don't believe, but there was conversation about them doing this. Excuse me, you were here I beg your pardon, but there was conversation about them doing this because Dave was telling them everything they would have to go through if they wanted to do it. SUPERVISOR BORGOS-I've just been reminded that there would be a County variance as well as a Town variance in this case apparently it's a County road so you need two variances. COUNCILMAN POTENZA-Can I ask Kevin what variance are you applying for, your asking for a variance to do what to the property? MR. TOOMEY-We're asking only to leave what is existing there to be able to use it positively rather than to have to tear all that out of there. a COUNCILMAN POTENZA-To use it to do what? MR. TOOMEY-As a family recreation area. COUNCILMAN POTENZA-Okay. What would you do with the girders do you plan on putting a deck over it? MR. TOOMEY-Yes, a deck and railings. COUNCILMAN POTENZA-I know that your applying for a variance, but you can't apply for a variance just to keep the girders there you'll have to apply for a variance to do something and that's my question, are you applying for a variance to build a deck across the girders? 12g MR. TOOMEY-Yes. COUNCILMAN POTENZA-Certainly neither the County nor the Town will give you a variance to allow those girders just to stay there. MR. TOOMEY-We would like to make it into a deck area, yes. COUNCILMAN POTENZA-It would just be a deck area there would be no bathroom facilities there would be no enclosures other than just a deck? MR. TOOMEY-No. t COUNCILMAN KUROSAKA-They've had two years to do it and it's still sitting there. SUPERVISOR BORGOS-Yes, I know and I think that's why they are in here we're trying to bring this to a conclusion. COUNCILMAN KUROSAKA-Could have made a conclusion on it by now could have put a deck on it and got a variance before that I'm getting tired of seeing it around. SUPERVISOR BORGOS-I think we're all, including the Toomey's, probably to get rid of the problem. But, apparently the meeting was conducted for the purpose of determining what would have to go and what could possibly stay. Now, again we are hearing a slightly different story Mr. Hatin did not mention this particular item in his letter. I would personally feel comfortable under the very specific conditions that you apply for the variance, that you pursue it, if you decide not to get the variance for some reason then within 30 days of that time it's got to go or if the variance is rejected it's got to go within 30 days it has to be all gone and cleaned up. In the meantime everything else would be cleaned up within approximately 30 days from now. MR. TOOMEY-We have no problem with that. COUNCILMAN POTENZA-My concern is and I will tell you if indeed the variance is granted you have a year to comply. If by chance the variance is granted then there has to be some sort of time element involved there also. (Councilman Montesi entered meeting) MR. TOOMEY-We would be opened to letting you stipulate that if you like. COUNCILMAN KUROSAKA-Ron, was anything discussed about getting a variance to put a deck on with the Toomey's the letter doesn't mention anything. COUNCILMAN MONTESI-We did talk about it, but I tried to discourage Mr. Toomey in using the deck. I thought we pretty much felt Dave Hatin, and I, and Mr. Toomey that the slab of concrete that was there seem to serve a pretty useful purpose for their family to utilize that area it almost leads into the dock area there and that in itself would lend itself for picnicking even if they needed to put up a pagoda I think we even talked about that. The steel girder structure I felt and I'm not an engineer, but I felt and so did Harry probably that would be best served by taking those girders out of there and filling in that hollow without violating the lake. COUNCILMAN MONAHAN-Isn't it that you can't build next to a lake? I think your going to have a problem there with filling that in. COUNCILMAN MONTESI-Within reason. If you don't fill that in then you have to take the retaining walls down on each side. When I said fill it in what I was meaning is so that the slope isn't so steep going in not touching any water just coming from the water surface up so that you lessen the slope. Basically we looked at that and talked to Mr. Toomey and said that he needed some time to talk to his family and he also needed some time to figure out when he would be doing whatever recommendation coming back to the Town would be and a very specific time table. COUNCILMAN KUROSAKA-He wants to build a deck now that wasn't what I got out of your letter. COUNCILMAN MONTESI-I think we also talked about how long it would take to do that and how costly because you know it's not a variance it's a site plan. COUNCILMAN KUROSAKA-It's a variance too isn't it? COUNCILMAN MONTESI-You have to do a site plan first. 130 COUNCILMAN KUROSAKA-You have to do everything. COUNCILMAN MONTESI-That's pretty costly. MR. TOOMEY-If it come to far out of line then we will comply anyway. COUNCILMAN KUROSAKA-Were going to have this thing around six months to a year from now. SUPERVISOR BORGOS-1 get the impression it's going to be decided within the next 30 days. q COUNCILMAN KUROSAKA-But there is a time limitation after they grant a variance to follow through on a variance. SUPERVISOR BORGOS-But, I think you just indicated you would stipulate to what date to complete whatever project. MR. TOOMEY-Or let the Board stipulate within a time period after the variances approved or denied. COUNCILMAN KUROSAKA-We are in the same place we were two months ago. COUNCILMAN POTENZA-Sixty days one way or the other will solve either of the problems. SUPERVISOR BORGOS-It very well, will take sixty days to get in front of the ZBA and to get through the site plan it easily could be October, November, your into winter time already. COUNCILMAN MONTESI-Why don't we do this the very first thing that has to be done is if you would have to apply for a variance. I think if you went to our Building Department. COUNCILMAN POTENZA-County first Ron. COUNCILMAN MONTESI-What I'm getting at is if you went through and grabbed all the papers necessary to review for a variance that might discourage you. We ought to put a time limit on that and say, okay go down and get your application. . . SUPERVISOR BORGOS-We did he has agreed to two weeks, but he actually said this week he will go get that. COUNCILMAN MONTESI-That may pretty much give you a good indication of how intensive. SUPERVISOR BORGOS-The question has just arisen can you come back in two week or get a letter to us. Actually the next meeting next week it's not two weeks this time. Could you give us a letter by next week telling us what the status is? MR. TOOMEY-Yes, definitely. SUPERVISOR BORGOS-That you've done this done that? MR. TOOMEY-Yes. SUPERVISOR BORGOS-Okay, I'll ask our Attorney would you want a resolution now or table to the next meeting to see what the status is? ATTORNEY DUSEK-I think I would recommend to the Board if you want to wait to next week as to adopt a resolution which would hold open this hearing and carry over the matter until next week. RESOLUTION TO CONTINUE HEARING TOOMEY PROPERTY RESOLUTION NO. 508, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. Ronald Montesi: RESOLVED, that the Town Board of the Town of Queensbury hereby wishes to continue the hearing on the Toomey property at the Town Board meeting of September 17th, 1990. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mr. Borgos 131 NOES: None ABSTAIN:Mrs. Monahan MCDONALD PROPERTY - UNSAFE STRUCTURE 8:08 P.M. TOWN CLERK-Read the following letter: Dear Board Member: This letter is in reference to the McDonald Property located at the corner of Indiana and Central Avenue. Darleen Dougher, Town Clerk, has two bids from Bill Threw for $3,000. Richard Lee for $2,000 and Mark Maille for $3,000 to demolish the structure and remove it from the property and take care of any necessary filling in, in order to finally clean the property up. I would ask that the Board accept one of these bids if possible, if they feel comfortable with them and then we can order the person you choose to go ahead and start the work immediately and bill the demolition to the taxes of the property. If you have any further questions or comments, I will be at the September 17 meeting to discuss this with you should you need more information. Very truly yours, David Hatin, Director of Building & Code Enforcement DISCUSSION HELD SUPERVISOR BORGOS-Town Attorney. ATTORNEY DUSEK-I'm not quite sure why this is back before the Board. This matter has to go the thirty days to allow them an opportunity to at least start the work. You could not go ahead and start to tear things down until you afforded them that statutory right so I really would suggest that it might be premature. SUPERVISOR BORGOS-How many days are we along are we in the process? The reason we ask, is that we've had so many of these in the last few weeks it's hard to keep track. ATTORNEY DUSEK-August 13th, was the day it was served the notice. SUPERVISOR BORGOS-So we have at least another three days at least. I recommend to the Board that we just hold it over until next Monday. ATTORNEY DUSEK-I would recommend to the Board that you go a little longer than the thirty days because the way the statue reads is that they should start in thirty days and finish within sixty. It would be almost my recommendation if you could wait until the first meeting after that whatever that next meeting would be. SUPERVISOR BORGOS-The first meeting of October. ATTORNEY DUSEK-Then have somebody inspect the site for you. SUPERVISOR BORGOS-I'm a little concern when the estimates are coming in that high that we invest several thousands of dollars on a piece of property normally will invest a couple hundred, five or six hundred sometimes several thousands it might be a question as to whether we can get a return. COUNCILMAN MONTESI-Steve, when you pay for that somebody has to pay one of the three bidders where does that come out of the general fund? SUPERVISOR BORGOS-It comes out of the general fund it could come out of the Board of Health line or wherever. We would have to transfer funds from somewhere to do it we don't have a pool of money just designated for that purpose. COUNCILMAN MONTESI-What happens is, is that you put a lien on the property until the property is sold you don't replenish that account wherever you draw from. COUNCILMAN MONAHAN-You'll probably never sell a property for that price. SUPERVISOR BORGOS-That's my concern. 132 COUNCILMAN MONAHAN-I mean if you had an expensive piece of property up on Lake George or something you wouldn't have to worry. SUPERVISOR BORGOS-On the other hand we have to clean it up there may be another option that we can look at. COUNCILMAN MONTESI-I was just thinking if you could spend the money and just make it an expenditure without any ties on it rather than trying to keep a string on the thing and then when the money comes back just put it in the general fund. SUPERVISOR BORGOS-It has to be charged against the individuals taxes there would be a lien on the property so if the property is ever purchased we get it back. COUNCILMAN MONAHAN-1 wonder what the assessed valuation of the property is? SUPERVISOR BORGOS-I don't know. Okay, will hold that one over. CROSSMAN PROPERTY - UNSAFE STRUCTURE 810 P.M. TOWN CLERK-Read the following letter: Dear Board Members: An inspection as of Friday, September 7, shows that no more work has progressed on the Crossman property than had previously been conducted at the August meeting which I attended. It is my recommendation that the Board officially take action and serve Mr. Crossman with a notice that if he does not complete any repairs within the next thirty (30) days that the Town will take whatever action necessary to either demolish or repair the structure, consistent with our Unsafe Structures Law. If the Board would like to delay any action until September 179 I will be at that meeting and will be able to discuss this action with the Board. Very truly yours, David Hatin, Director of Building & Code Enforcement DISCUSSION HELD SUPERVISOR BORGOS-Once again, I'll refer to the Attorney who has been following this case. In terms of time frames can we this evening adopt a resolution or is one necessary or is it already in the process? ATTORNEY DUSEK-Wasn't this the property of that young man? SUPERVISOR BORGOS-Yes. He has been in front of us a couple of times was suppose to be working at this and I understand that he was doing some work on it. COUNCILMAN MONAHAN-1 think he was the first time he came in front of us wasn't he? SUPERVISOR BORGOS-I believe so. Apparently this note indicates that no more has been done. ATTORNEY DUSEK-The concern I have is that when he was here the last time the Board had indicated to him that he had some time to repair it. My recommendation on this one would be to bring him back in so that he understands that you will take action. SUPERVISOR BORGOS-Do we know that he was invited specifically to be here tonight? ATTORNEY DUSEK-I have no indication that he was invited. SUPERVISOR BORGOS-I would personally hate to take any action without an individual here in the room how does the rest of the Board feel? COUNCILMAN POTENZA- Fine, except that this has been going on. COUNCILMAN KUROSAKA-It's like everything else it keeps dragging and dragging. 133 � SUPERVISOR BORGOS-But, if we give him a certified letter of some sort of this particular meeting I'd feel much more comfortable. Could we postpone it until next Monday, is that enough time to get a certified letter out? ATTORNEY DUSEK-1 think it would be. SUPERVISOR BORGOS-How does that sound? If he shows up we can discuss it if he doesn't we can take some action. Do you need a resolution for that Paul? ATTORNEY DUSEK-I think if you just want to table it until Monday. SUPERVISOR BORGOS-Okay, will just hold it aside. OPEN FORUM 815 P.M. SUPERVISOR BORGOS-Noted the opening of the new Court Building today at 81 Glenwood Avenue, Queensbury and also noted that the preliminary census figures have come out and the deadline date is September 19, 1990 to submit the exact detail response. PAUL H. NAYLOR, HIGHWAY SUPERINTENDENT-Thanked Mr. Ronald Montesi for helping with the Auction that was held on September 8, 1990. ATTORNEY MICHAEL O'CONNOR, REPRESENTING J. PAUL BARDIN, DOCKSIDER RESTAURANT, GLEN LAKE-Requested on behalf of Mr. Bardin that the Board formall y undertake whatever is necessary to consider prohibiting parking on Glen Lake Road or a portion of Glen Lake Road, on that portion that which lies between Birch Road on the west and Sullivan Place on the east. Feels that if this area is posted it will relieve some concerns and problems that have occurred. SUPERVISOR BORGOS-Stated this depends on the wishes of the Board and how they wish to handle it. COUNCILMAN POTENZA-Feels Paul Naylor should look into this. SUPERVISOR BORGOS-Asked for recommendation from Paul Naylor to be discussed at October lst, Board meeting. MR. NAYLOR-Feels that the "No Parking Signs" should be enforced by the Sheriff's Department. MICHAEL O'CONNOR, REPRESENTING HIMSELF ON HIS OWN BEHALF-Requested that .the Board encourage a study as to what the Town actually does for the residents of Glen Lake in the sense of buoying or things of this nature. Feels certain areas of the lake should be buoyed either for the safety of the residents of the lake because of the speed requirements or because of submerged objects. Would also like the Board to consider imposing restrictions for personal water craft on Glen Lake. Feels that the Glen Lake Association would be cooperative in assisting the Town Board in this matter. SUPERVISOR BORGOS-Noted that the State has this type of jurisdiction and the Board doesn't. ATTORNEY DUSEK-Thinks that there are some powers as to your rights on a lake totally within your Town jurisdiction would have to look into this further. SUPERVISOR BORGOS-Would like to have both Attorney's agreeing that the Board has some power before anything can be done. Noted he would like a statement from the Glen Lake Association or Mike O'Connor with specific recommendations to use as a basis from which to work. COUNCILMAN MONAHAN-Asked how far up the "No Parking Zone" goes on Main Street in West Glens Falls? SUPERVISOR BORGOS-Noted it was his understanding that the signs have not been erected asked if this was to be done by the County and if the notification has gone to the County? TOWN CLERK-Stated she will check on this. CROSSMAN PROPERTY - UNSAFE STRUCTURE 8:35 P.M. WILLIAM CROSSMAN-248 Connecticut Avenue. SUPERVISOR BORGOS-Can you tell us how much work you've done on your property in the last few weeks? 134 MR. CROSSMAN-Quite a bit. SUPERVISOR BORGOS-When do you think you'll be done? MR. CROSSMAN-Another couple of weeks. What I've did is take the center trailer out because it was a hazard now I have to get a hold of someone with a dump truck. SUPERVISOR BORGOS-Let me ask our Attorney, did we simply put off action until next meeting on this one. .. ATTORNEY DUSEK-Until Monday. SUPERVISOR BORGOS-I think we did until next Monday. I want Mr. Hatin to go out and look at your property on Thursday or Friday of this week. What's a good time for him to go? MR. CROSSMAN-I'm usually there on Sundays. SUPERVISOR BORGOS-I could ask him to visit on Sunday is that the best are you there on Saturday at all? MR. CROSSMAN-Half a day. SUPERVISOR BORGOS-Morning or afternoon? MR. CROSSMAN-Afternoon. SUPERVISOR BORGOS-Would you make a note Kathleen and will ask Dave to visit the Crossman property Saturday afternoon or Sunday. Will see how it's doing and he can report back to us next Monday. If he tells us your making good progress we're in good shape just keep it going. Thank you for coming in. OPEN FORUM ROBERT POTTER-Spoke again to the Board regarding the noise problem in his neighborhood. (Presented tape recording to Board) Noted he called the Sheriff's Department was told that he couldn't do anything about it. SUPERVISOR BORGOS-Noted that a Noise Ordinance has been drafted. The Board will be conducting a further workshop within the next couple of weeks. Stated he will contact the Sheriff's Department to see what can be done. PLINEY TUCKER-Ward 4. Asked Attorney Dusek if he had an answer for him on the conflict of interest concerning Carol Pulver? ATTORNEY DUSEK-Stated a letter was sent to Carol Pulver on Friday, indicating that he had formed the opinion that he recommended that she should abstain from all further voting and discussion. Asked her to contact him if she disagreed with his opinion haven't heard from her as of yet. PLINEY TUCKER-Questioned the Board about the price of the land and the application for the grant concerning the Affordable Housing Project where is the information for this available? COU14CILMAN POTENZA-Stated he could receive this information from Homefront. PLINEY TUCKER-Questioned the Board about the $275,000 Contract for the Sheriff's Department noting the Board has until October lst, to notify the County Board if they desire to discontinue that contract. SUPERVISOR BORGOS-Noted the contract may be discontinued by mutual agreement at any time on 30 days notice didn't recall a date. Noted there is one more year on the contract. PLINEY TUCKER-Noted that the Town of Queensbury pays a total of 40% of the total operating costs of the County Government that is paid for the support of the Sheriff's Department plus the $275,000 contract. SUPERVISOR BORGOS-Noted that the 40% is paid on the basis of the assessed valuation of this Town in relationship to all the other Towns after the equalization rate is used. This is paid whether or not we had the extra police services or any police services. 135 PLINEY TUCKER-Questioned the additional paying of this money. SUPERVISOR BORGOS-Stated when the Sheriff's Department was created the Sheriff's Department did provide extra coverage for extra money. Now we have more coverage than is required under that contract and would have it whether or not we have the contract whether or not we paid the money because that's the level of protection that is required at the present time. Feels that in the future at the end of the contract there should be no extra payment itl from the Town of Queensbury to the Sheriff's Department because I believe were ent ed to the coverage and we are picking up 40% of the cost of operation of that Department. PLINEY TUCKER-Questioned the Board about the sales tax. SUPERVISOR BORGOS-Stated that the last report he saw was almost identical to last year's. The problem is that the State has found out that they have made an error that will impact adversely on the Town of about 1/4 million dollars. Stated that if the State has made an error it's possible that there is another error out there that the businesses are still reporting to the wrong jurisdiction. A letter will go out to the business asking them to cooperate and to send a photocopy of their last two reports.to the State without the dollar amounts in there. PLINEY TUCKER-Questioned the census the end result will we be able to do anything about the count? SUPERVISOR BORGOS-Hopes that something can be done. OPEN FORUM CLOSED 9:20 P.M. (Councilman Kurosaka left room) RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 5099 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 approves the Town Board Minutes of July 9th, August 6th, 9th, and 20th, 1990. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka RESOLUTION AUTHORIZING SALE OF DUMP TRUCK RESOLUTION NO. 510, 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Town Highway Superintendent for the Town of Queensbury has advised the Town that it currently owns a 1977 International Dump Truck with plow/wing and sander, and the Town Highway Superintendent has indicated that he no longer has any need for the truck and that the same, at this time, constitutes surplus personal property, and WHEREAS, the Queensbury Union Free School District has indicated that it feels that the truck will be useful for use upon School properties for School District needs, and has indicated a willingness to pay the sum of $1,500.00 for said truck, and WHEREAS, the Town Board of the Town of Queensbury hereby finds that the sale of the truck at the amount indicated is appropriate and further serves Town purposes with respect to its relationship with the Queensbury Union Free School District on the various projects and agreements existing between the School and the Town, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the sale of said truck to the Queensbury Union Free School District, for the sum of $1,500.00, such sale 136 and transaction to be arranged by the Town Highway Superintendent. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:Mr. Kurosaka (Councilman Kurosaka return to meeting) RESOLUTION CREATING POSITION OF COMMERCIAL REAL PROPERTY DATA COLLECTOR RESOLUTION NO. 511, 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, Mr. Robert Casey is currently employed as a Real Property Appraiser in the Town of Queensbury Assessor's Office, and WHEREAS, the Town Board of the Town of Queensbury desires to change the title of the position currently occupied by Mr. Casey to more accurately reflect the duties expected of the position and performed by Mr. Casey, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the position of Commercial Real Property Data Collector, appoints Mr. Casey to that position, and eliminates the title, Real Property Appraiser, with instructions to all affected Town Departments to disregard the old title, Real Property Appraiser, and consider the position now to be titled, Commercial Real Property Data Collector, and BE IT FURTHER RESOLVED, that the 1990 Town of Queensbury General Budget is hereby amended to indicate that the position listed as a Real Property Appraiser is amended to read Commercial Real Property Data Collector. --- Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING REFUNDS REGARDING RECREATION FEE LOCAL LAW RESOLUTION NO. 512, 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: DISCUSSION HELD COUNCILMAN POTENZA-Questioned that when you have a subdivision your only allowed one exemption? COUNCILMAN MONAHAN-Noted the way it's written at times there could be two. s ATTORNEY DUSEK-Noted the way the Law is structured there is actually a potential to qualify for several exemptions on one piece of property. COUNCILMAN POTENZA-Doesn't think that this was the intent of this. -- SUPERVISOR BORGOS-Feels that this should be tabled until Monday's meeting. COUNCILMAN POTENZA-Would like to have only one exemption only in a subdivision of four lots and less. RESOLUTION TO TABLE RESOLUTION NO. 512 OF 1990 RESOLUTION NO. 513, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, 37 seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board of the Town of Queensbury hereby tables Resolution No. 512, of 1990 entitled Resolution Authorizing Refunds Regarding Recreation Fee Local Law. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE TO TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 514, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury has previously approved a form entitled, "Petition for a Change of Zone" for rezoning matters, and has directed that the same be used for rezoning requests, and WHEREAS, the Town Attorney for the Town of Queensbury has recommended that any and all applications for rezoning must first go to the Planning Department and Planning Board for recommendations regarding the same, and WHEREAS, following such recommendations, the Town Board of the Town of Queensbury will then review the Zoning Applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that the following application be submitted to the Planning Board for the Town of Queensbury for report and recommendation: Martin Gallup, Marilyn Matriccino & Kay Kuebler - Southeast Corner of Quaker Road and Meadowbrook Road, Town of Queensbury, New York. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING COMPLETION OF PURCHASE OF PROPERTY FROM TREMPER C. RANDERSON RESOLUTION NO. 5159 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: WHEREAS, the Town of Queensbury is desirous of purchasing certain property owned by Tremper C. Randerson, located off Meadowbrook Road, as shown on the Town of Queensbury Tax Map as number 59-1-6, for purposes of creating a public recreation area, and WHEREAS, by Resolution No. 272, dated May 7, 1990, the Town Board approved the Contract of Sale for said property and retained Leon Steves to survey the subject parcel, and WHEREAS, the Town Board is desirous of completing the purchase of said property, NOW, THEREFORE, BE IT RESOLVED, that, pursuant to the Town Law of the State of New York, Section 64 (6), the Town Supervisor is hereby authorized to execute and place the seal of the Town of Queensbury on any and all documents necessary to purchase and arrange for transfer of ownership of the property to the Town of Queensbury, arrange for payment of same and of the aforementioned survey, in accordance with the terms of this Resolution, and arrange for the filing of the documents with the Town Clerk and the Warren County Clerk's Office, as may be necessary, and BE IT FURTHER 138 RESOLVED) that payment for the property and survey thereof shall be from a Fund Balance Transfer from Account R.11 (Recreation Assessment Reserve), subject to any further resolutions or procedures that may be necessary pursuant to the General Municipal Law, and BE IT FURTHER RESOLVED, that, in accordance with Section 220 of the Town Law of the State of New York, this Resolution is subject to a permissive referendum and the Town Clerk shall publish and post a copy of this Resolution in accordance with the procedures set forth in Article 7 of the Town Law of the State of New York with a notice that this Resolution was adopted on the date indicted herein, by the councilpersons indicated, and within the Town of Queensbury. I Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 516, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, certain departments have requested transfers of funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as listed below: ACCOUNTING DEPARTMENT FROM TO AMOUNT ~ A-23-5-1680-407 A-23-5-1680-440 $2,500.00 — (Data Processing Repair) (Data Processing Misc. Cont.) RECEIVER OF TAXES A-06-5-1330-107 A-06-5-1330-113 $5,000.00 (Clerk, PT) (Deputy Tax Receiver) Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION AUTHORIZING EASEMENT WITH NIAGARA MOHAWK POWER CORPORATION RESOLUTION NO. 5179 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, it is necessary for the Central Queensbury Quaker Road Sewer District to enter into an Easement with Niagara Mohawk Power Corporation to construct, lay and maintain sanitary sewer and water lines and all necessary appurtenances over property located on the northerly side of Quaker Road, which property is more accurately described in the Easemen.. presented at this meeting; and WHEREAS, the aforementioned Easement has been reviewed and approved by Karla M. Corpus Deputy Town Attorney, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid Easement is approved, and 139 BE IT FURTiIER RESOLVED, that, pursuant to the Town Law of the State of New York, Section 64 (2), the Town Supervisor is hereby authorized to execute and sign the aforesaid Easement with Niagara Mohawk Power Corporation, and to execute and place the seal of the Town of Queensbury on any and all documents necessary, and arrange for filing of the same with the Town Clerk and the Warren County Clerk's Office, as may be necessary. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TO AMEND BUDGET TO PAY FOR SUNNYSIDE CEMETERY FENCE REPAIRS RESOLUTION NO. 518, 1990 Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, during 1989 a check in the amount of $59000.00 was received from an insurance company for the repair of the fence at the Sunnyside Cemetery and the check was deposited in the cemetery account, and WHEREAS, pursuant to law the funds were not carried over in the account, and WHEREAS, the fence was not repaired during the years 1989, but rather, it is planned to be repaired on or about September 1990. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the Town of Queensbury 1990 budget to increase the appropriations in account no: C2458810300 (Cemetery - Capital Construction) in the amount of $4,500.00, with the source of funding to be from a transfer of funds from C-2430599 (Appropriated Fund Balance). Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None RESOLUTION TERMINATING THE BID PROCESS AND REJECTING ALL BIDS FOR ROOF REPLACEMENT OF THE TOWN OF QUEENSBURY FORMER COURT AND HIGHWAY OFFICE BUILDING RESOLUTION NO. 5199 1990 Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board of the Town of Queensbury, by Resolution No. 413, dated July 16, 1990, did put out to bid the roof replacement for the former Queensbury Court and Highway Office Building, and WHEREAS, during the course of the bidding, a condition was found in the building that would substantially increase the cost of said roof replacement, and WHEREAS, the Town Board and Rist-Frost Associated, PC, Town Engineers, have evaluated the condition and recommend that the bidding process be terminated and all bids be rejected, and WHEREAS, A. Peter Brault, Building and Grounds Superintendent, has recommended that only necessary temporary repairs be completed, NOW, THEREFORE, BE IT RESOLVED, that, based on the foregoing information and recommendations, the Town Board of the Town of Queensbury has determined that it is appropriate to discontinue and/or cancel the bidding process and reject all bids received, if any, for the roof replacement of the former 144 Queensbury,Court and Highway Office Building, and BE IT FURTHER RESOLVED, that only necessary temporary repairs shall be done on said roof, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury shall notify all bidders of termination. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos — NOES: None ABSENT:None DISCUSSIONS EDGEWATER PLACE ATTORNEY DUSEK-Brought to the Board's attention that Attorney Dennis Trantino H is representing clients who own a house on Feeder Canal Court states that part of their hoi was accidentally built on Town property. They're asking that the Town sell to them the srr piece so that they can be in conformance. COUNCILMAN MONTESI-Feels the Board should resolve this. Would like to find out V who made the mistake. SUPERVISOR BORGOS-Asked if this information could be ready for next Monday? ATTORNEY DUSEK-Will have the information available on Monday. MCDONALD SUBDIVISION ATTORNEY DUSEK-Noted that this was something the Board wanted him to ch 1 i concerning the size of lots in that area. Conducted the research on this issue wanted"To bi this to the Boards attention and recommended to Karla Corpus, Deputy Town Attorney, advise the ZBA and Zoning Administration. The research indicated that the Planning BC did not have the authority to grant that approval for that subdivision as to the small to the extent that they approved a subdivision. On the larger lots it's acceptable to the exi that they did on the smaller lots. Were going to advise the Zoning Administrator to conl the McDonald's advising them that a building permit should not be issued for the smaller 1 BAY ROAD/RT. 9/COUNTY LINE SEWER COUNCILMAN MONTESI-Noted that they have had numerous requests from commer businesses regarding a sewer district. Mr. Passsarelli, owner of the Mount Royal Mote considering demolishing the Mount Royal Motel and building an Outlet Mall. His engir feels and Health Department feels that they can provide adequate sewer necessary for strip mall. Noted that the share of cost of this sewer project could be obtained from any wishing to connect to the sewer line and deed the sewer line to the Town and pay the reg sewer tax based on usage. Stated that the next step would be to get back to Mr. Passai to help him figure out who else would like to be a part of this to get this going. ATTORNEY DUSEK-Noted that they are ways of working this out along the lines of v Councilman Montesi mentioned. BAY ROAD i COUNCILMAN MONTESI-Noted that Mr. Passarelli has bought 88 acres of land on Bay Ri The way it is presently zoned, if he optimized all of the zoning, he could put 400 multifai living units on this property. Noted that whatever they do and deal with on Bay Road, going to be complicated. SUPERVISOR BORGOS-Noted that those parties that want the Bay Road Sewer District c do the same thing that Route 9 is thinking about, then this could be done very quickly. Asked the Town Board if they wanted to go ahead and hold some more meetings to se this is feasible to do this? 14'1 TOWN"BOA RD-Agreed. COUNTY LINE SEWER SUPERVISOR BORGOS-Noted that a feasibility study was done on the County Line Sewej Proposal several years ago with the hope that the sewage could be brought down from Nortl Queensbury and tie in at that point with the Technical Park, the concept of Lake Georg( was abandon, but the proposal was there. In using that proposal the Lake George Regional Planning Board went to the Federal Government and was able to obtain a 50% grant to put the sewer in from the IDA Park to the Ciba-Geigy Pumping Station on Warren Street. Warren County had indicated an interest in adding to their existing Warren County Sewer Districl then they decided that they didn't want to get involved so it has come back to us. Now we have the opportunity to create a long sewer district encompassing properties in Warren County and Washington County out at the Industrial Park where they are already beyond their capacity, pick it up and ship in down through the Ciba-Geigy Pumping Station, assuming we can conclude negotiation with them. Noted that this is an opportunity to provide for the industrial expansion that we need in the area of the Airport. The Board decided to continue to look into this matter further. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO, 5209 1990 Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss litigation,potential litigation, real property acquisition and personnel. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None' ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS i RESOLUTION NO. 521, 1990 Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Audit of Bills appearing on the Abstract of September 10th, 1990 and numbering 90 - 4035 thru 90 - 4336 and totaling $415,709.66 be and hereby is approved. Duly adopted this 10th day of September, 1990, by the following vote: AYES: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT:None On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY I