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1990-12-17 REGULAR TOWN BOARD MEETING DECEMBER 17th, 1990 7:30 p.m. , BOARD MEMBERS PRESENT STEPHEN BOR GOS-SUPER VISOR GEORGE KUROSAKA-COUNCILMAN MARIL YN POTENZA-COUNCILMAN RONALD MONTESI-COUNCILMAN BETTY MONAHAN-COUNCILMAN TOWN ATTORNEY PAUL D USEK TOWN OFFICIAL Kathleen Kothe — PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN KUROSAKA SUPERVISOR BORGOS opened meeting ... PUBLIC HEARING - ZONING ORDINANCE AMENDMENT 7:35 p.m. SUPERVISOR BORGOS-The public hearing will continue on the zoning ordinance amendment related to Aviation Mall. Just check to be sure, I think the lost time, we left that open. Is that correct? So we don't need to follow all of our procedures. ATTORNEY DUSEK-There's also a new public hearing scheduled for tonight as well or a further public hearing so that one should be formally opened. SUPERVISOR BORGOS-Thot's right, we changed the numbers to correct. I'll ask the Clerk if the further public hearing has been appropriately noted? TOWN CLERK DOUGHER-Yes it has. SUPERVISOR BORGOS-Thonk you. It's been advertised. Now we are open. Anyone may step forward to soy things for or against or ask questions about, the proposed rezoning. Everything that was said the lost time, is incorporated in this hearing already. I see no hands from the — audience. Any Board members with any comments? COUNCILMAN MONTESI-There's nothing of record, letters that we haven't seen? They've all come to us, right? SUPERVISOR BORGOS-To the best of my knowledge everything has gone to the Town Clerk. COUNCILMAN MONAHAN-Is there something from Rist Frost, some concerns that they hod for the Planning Board that night? ATTORNEY DUSEK-gist-Frost did do on advisory letter and it was responded to by Pyramid in one of their documents. SUPERVISOR BORGOS-Yes, that was in that lost packet that they sent to us. COUNCILMAN KUROSAKA-I'd like to hear what Paul suggests. SUPERVISOR BORGOS-1 wont to see if we've got anymore public comment first then we'll close the hearing and we go into our discussion. Seeing no hands from the general public or • any more questions from the Board, we'll close this public hearing. PUBLIC HEARING CLOSED SUPERVISOR BORGOS-Now, we'll ask the Boord if you hove any comments to make. We hove 2 prepared resolutions in front of us. First is the required SEQRA finding of no significance and then the resolution to adopt the omende� zoning ordinance. COUNCILMAN MONAHAN-So which one do you want to talk about? SUPERVISOR BORGOS-Let's do the non-significance first. I'll check with our attorney. Would you prefer to have it that way Paul? ATTORNEY DUSEK-The non-significance actually sets forth the full ordinance so you may 110c1 2• wish to comment on the full ordinance first because whatever changes that you might want to make to that, it'll be applicable to both documents. SUPERVISOR hORGOS-Whot if we get this on the floor and then discuss it and during that time we con comment about both items? ATTORNEY DUSEK-Okoy. Con I just make one further comment so that the Board when they go through this they'll understand what I did. I gave you 2 extra pieces of paper for everybody tonight that you did not see at the time, when the resolutions were drafted i hod to put these together relatively quickly so that you could see at least generally what they would look like and for the most part, correctly. Then afterwards i went through all of my records to try to put together these 2 extra documents that you see here. The one document with nothing on it that starts with number, actually they both have numbers but one has a resolve on it at the very top. Not that one but the other 2 page document, that one is designed to assist you in the SEQRA resolution that you ore now about to consider and if you'll notice or if you'll remember from reviewing it over the weekend at the very end of the SEQRA resolution, the next to lost resolve clause there's a big blank in there and that is because the Board is required to state your reasons why you feel that there will not be any negative, or why you feel there will not be any significant impacts. This listing of items that I drafted were from a review of the records which I feel might reflect some of the Board's reasoning however you of course ore free to change this document to make it your own, as well as both of these resolutions for that matter because they should become your own documents in your own words. There's obviously certain legal perimeters that we hove to stay within but our certainly be available as we go along here to help you through that. But basically you should make these words and these reasons your own. SUPERVISOR BORGOS-Okay we need someone to introduce this resolution adopting determination of non-significance of amendments of zoning ordinance and waive the reading. COUNCILMAN MONTESI-That's the one you want to do first? COUNCILMAN MONAHAN-1 thought we were going to discuss both of them at once? SUPERVISOR BORGOS-Yes, we have to get this one on the floor. COUNCILMAN MONTES0111 introduce it. COUNCILMAN POTENZA-Second. SUPERVISOR BORGOS-Okoy, introduced and seconded, now we're ready to discuss this which contains the other resolution also or the some words as the other resolution, all the concepts. So let's discuss what we've heard in the public hearing, what our outside investigation has shown. Any Board member may start anywhere. COUNCILMAN MONTESI-A real small technical, is the address by the Pyramid Company, is it Glens Falls or Queensbury? BOB STEWAR T-Of Glens Falls is the formal name. COUNCILMAN MONAHAN-Paul I have a question for you and we keep getting new ones of these documents so maybe I'm missing something. But I know that when we discussed the actually definition of the zoning ordinance itself, I question why there was not a definition within that, of common moll area. The Planning Board also in their minutes questioned that and suggested it. Dave Kenny mentioned it. I still do not see that in this document at all. ATTORNEY DUSEK-Two reasons for that. One being the fact that I did not wont to change anything in this document other than what was discussed at the previous 2 Board meetings, at /east that was my intention and I hope I haven't. So I did not feel 1 could change that, just voluntarily.chonge thot. However, I did speak briefly with Bob Stewart and we're prepared to address that issue tonight and as it turns out it looks like we may be able to not have to define that because maybe we con just leave out, at least the recommendation for the Board would be to simply leave out common mall area, those words and up above where it says, the total floor area designed for attendant occupancy and exclusive use, in parenthesis, it could be put, including Kiosk in parenthesis and that would seem to specifically address everything. That way we don't get into terminology that we haven't used in the ordinance. COUNCILMAN MONA HA N-Okay, Paul you're losing me of what part you wont to change with all these pages. Attorney Dusek noted to Councilman Monahan and other Board members the corrections ... COUNCILMAN K UROSAKA-1 wasn't of the public hearing so I don't know what happened. I understand you didn't have o very good turn out. SUPERVISOR BORGOS-We were hereabout 3 hours George. There was relatively few people but it went on forever. COUNCILMAN KUROSAKA-Long session but not many people. ATTORNEY DUSEK-1 apologize for this but we really didn't get this tied down until just today, otherwise I would have given you a separate call on that as well. COUNCILMAN MONAHAN-Paul, someplace in here we had to change this gross floor area, if I remember right. ATTORNEY DUSEK-Yes that was in ... COUNCILMAN MONAHAN-I mean maximum density, is that going to stay 12,000 square feet of gross floor area per acre? ATTORNEY DUSEK-Yes. COUNCILMAN MONAHAN-All right then the change is going to come, wasn't that port of the readvertising? Okay, the change apparently is under VII or 2 little i's, I don't know if you call them VII, 1 do. ATTORNEY DUSEK-It says under this, the required number of off-street parking? COUNCILMAN MONAHAN-Yes, is that the only place that that square footage is going to change because I thought it hod to be changed in another area? ATTORNEY DUSEK-1 think the, originally the gross leasable area hod been referred to in the maximum density clause under roman numeral 2, very early on in that resolution. COUNCILMAN MONAHAN-Yes but it seems to me that we were in a problem there with that 12,000 square foot. ATTORNEY DUSEK-We did have originally there, 12,000 square, it simply was 12,000 square feet gross, I think at one point it was even gross leasable floor ... MR. STE WAR T-Gross leasable floor area. COUNCILMAN MONA HA N-Under the maximum density or are you under the car part? ATTORNEY DUSEK-Maximum density and we did 2 things there. We took out the leasable — part of it and we also put in per acre because the 12,000 didn't make any sense the way it was before. COUNCILMAN MONAHAN-Okay, no that's what I remember and I was trying to make sure that it got corrected. ATTORNEY DUSEK-As I'm looking at that maximum density clause too, if you'll notice it says, on additional 500 square feet of land area will be required.for each 150 gross floor leasable area, once again that leasable should be stricken there. It's still cropping up on us. That was in that maximum density clause. SUPERVISOR BORGOS-1 would like to indicate for the record that we did hold the original public hearing, we've now held this further hearing and in addition we've received many communications in person, over the telephone and through the mail, related to this proposed rezoning. i know I personally hove and I think other members of the Board hove carefully, considered what's being done here. We recognize the fact that some soil will be moved and the shape of the land will change a bit. I recognize that hopefully many cars will drive to the newly expanded moll and that according to the engineering predictions supported by DOT, New York State DOT, there may be a lessening of the level of service at one particular location during one • very small period of time occasionally. I personally don't see that as o major problem. I would like to think we're going to be drawing in hundreds or thousands of cars from out of the area but realistically I don't think so. 1 think realistically what we're doing with this expanded area because of the designation, we have to be careful to separate our desire to have the project here and the topic that we're actually considering, the rezoning, I think what we're going to be doing is preventing of people from driving from this area south. That is keeping the business local. That is, not to soy anything bad obou0preos to the south of us but realistically if we can,hove more opportunity for better shopping here, I personally think that's o good idea. So I think that impact from the SEQRA point of view, that economic impact is good. 1 think the extra 200 jobs good. I think the extra soles tax revenue is good. I'm not concerned about the possibility of o slight increase in the noise level because I don't think it's going to be o negative type thing. Sometimes if there's no noise at all and we hear a bird sing, then there's a noise there and 1 really don't think that this is going to be much greater the background noise that we already have. 1 think the location is ideal for this particular type of expansion in new area. It's not opening up a new section of Town to new traffic that it hasn't had before, it's all there already. I'm pleased that the applicant for one of the first times ever of any applicant, brought in a dery complete package the first time in. That has cut down o great deal on our questioning. Usually we have to say, what are the perk tests? When ore you going to do the traffic studies? When ore you going to do this? When are you going to do.that? It come into us all done already. That dramatically reduced our work. it resolved slot of the questions and it made us soy this applicant has done it's homework before it came to us. This applicant is ready to spend millions of dollars based on the homework it has done. It would seen foolish if someone just come in and started from scratch and hadn't done that. So 1 personally am very pleased with the proposal. I think we've learned through the public hearing session that perhaps we should be looking at other areas of Town for commercial area changes. Perhaps in particular we should be looking of 9 foot wide parking spaces throughout'the Town for commercial locations. It seems very reasonable. We've heard experts in all areas of concern soy that that's the good thing and no one has refuted that number in any of our hearings. So that's positive. I hove reviewed with the Fire Chief of the local fire deportment, the fact that he has met with the applicant and I've reviewed the water deportment, water and sewer department, the fact that they've met with the applicant and that they're able to handle whatever development would come up under this newly expanded category. So if there should be another 100,000 square feet or more, this can be taken core of by current Town services. No major expense on the base of the Town. I've heard one or two people talk about the widening of the bridge on Aviation Rood over the Northwoy and I just happen to be vice chairman of the regional traffic committee and I've assured those people that widening the bridge has been in the works for many years. The State is planning to widen the bridge. I would hate to guess when based. on the fiscal crunch but the widening of the bridge has been necessarily for some period of time and in my opinion, is not created by Aviation Mall expansion or the creation of this new zone. Therefore again, I see no adverse impact in terms of the economics for individual tax payers. I personally think its o good idea and we should move forward with it. COUNCILMAN MONAHAN-I would like to ask the moll a question and I asked this when it first started and that is that work was going to be done during the normal work day and I asked you to define what o normal work day is because I know what some construction companies consider a normal work day and because of the people around this I think they need o commitment of what hours they con expect this work to be done during. I did not see that in your reply. If its there and I missed it, 1'opologi ze. LOU CAGLIANO, Aviation Mall-Betty you made that comment at the lost meeting. I called Dave Hotin and asked him if the Town had any regulations or ordinances regarding times of days when you could do construction. He indicated that the Town has no specific ordinance however they fall back on either ... requirements or what I guess is standard operating procedure in the area. He suggested i contact a gentleman named Chet South which I did do and he indicated that standard operating procedure in the Town of Queensbury has been 7 a.m. to 7 p.m. COUNCILMAN MONAHAN-I'm afraid we're going to hove a few neighbors that ore going to be a little unhappy with those kind of hours. MR. CAGLIANO-Again if there ore problems that arise during construction, I mean we will address those. Those are the hours that we're planning on. If there are any problems that arise, I'm sure we can deal with those. COUNCILMAN MONTESI-I would gother that the only impact on the neighbors if there's on extended period would be the removal of fill. Initially that part is what would transpire off the site if you will, I mean when the trucks ore hauling fill. Other than that, everything else is pretty much contained right within the site there. MR. CAGLIANO-That's correct and the majority of the construction is:on the western portion of the site and away from any residential areas. COUNCILMAN MONAHAN-1 make the comment because grovel beds around here hove been the subject of many, many phone calls when the hours that they work hove been extremely long. w MR. STEWART-My only comment and I hove represented some clients who were upset grovel bed, so I've seen both sides, is gravel beds ore continuing on going operation, week after week, year after year. Here, you're talking about a relatively short intense building period of which time it's over and done with, which is I think quite a bit different than just knowing that you're going to have to put up with noise for the next 15 or 20 years. 1 SUPERVISOR BOR COS-Any other comments by any member of the Board? COUNCILMAN MONAHAN-I don't think that we hove adequately addressed some of the comments at the lost meeting and that was by some of the owners who have said they were going to be adversely effected economically. One was another shopping moll who felt that this mall was getting some privileges that they don't have and I realize Steve you're going to soy that they can come in of any time and request this. I'm saying what the low is and that's what's important and I am rather concerned about that. I really feel frankly the Town would have been doing it's job much more correctly hod we amended the shopping plaza area and hod on enclosed standard or,plaza commercial I should soy and hod o subheading for the enclosed shopping moll. I'm a little concerned that we are, as I said, making a decision that is going to effect one moll and I go back to what Bob Stewart said right during the Planning Board meeting when he talked about o detriment to other areas, that it become o spot zone and to the detriment of the surrounding neighbors. We do have neighbors, another moll and another property owner who said that this at the way that's done at present, not giving them the some benefits, is going to be a detriment to them and I think this is something we do have to consider. SUPERVISOR BORGOS-Let me respond first with my opinion of what you talked about, what you mentioned, spot zoning. I think we adequately addressed the concern for spot zoning at our lost meeting and that our Town Attorney very clearly and specifically indicated very carefully that this is not spot zoning because of the size, because of al/ the other considerations from the legal perspective and I'll ride with his decision on that because he's the one who obviously will hove to go to court if it goes that way. In regard to the other people, I would soy again what l said the last time. Another competitor has come in and charged discrimination in that we're not rezoning their property. They haven't asked for it. If they haven't asked for it, there's no way we can possibly imagine who in this Town would want it. COUNCILMAN MONAHAN-Steve, that is not true. We ore making rules for one specific applicant. SUPERVISOR BORGOS-No, well ... COUNCILMAN MONAHAN-Yes we ore. SUPERVISOR BORGOS-The applicant came in but just as though, just as my property was changed from 3 acre zoning to 10 acre zoning and this Board has now denied me the right to further subdivide my property and the people across the street are still at 1 acre in the some neighborhood, I'm saying that's the way it is and hod I wonted to protest at that time, I could have come in and protest it and I said, no, that's fine. Now if the other molls want to come in as some hove done and soy we want narrower parking spaces, fine, let them come forward, we'll give them the some careful review, the some close look at all the statistics, all the facts and figures and perhaps we'll decide to change the rules. In fact I believe it's been proposed already that that porticular firm send us a letter and request that the parking regulations and any other regulations be changed. It's been 2 weeks now, I've received no such letter so apparently so there's no great interest out there. I think it's time for us to say we've had a project come to us with a new requirement that's been brought to our attention. We've looked long and careful at it. It's time to move. I can imagine that sometime in the next year or 5 years or 20 years, we'll see 4 or 5 or 10 or 100 other projects and we may need some new zoning for those other people. We sow something o few months ago in West Glens Falls on Corinth Road. We.were asked to rezone on area to light industrial but the neighbors there didn't wont light industrial with botch plants and they didn't wont something else, so we went through and changed and in that particular case, light industrial throughout the whole Town to get rid of botch plants and sand and gravel extraction. Each case is a little bit different. We try to respond as best we con to the public concern and what is best for this community. I think so for what's been done is correct. I think it would be a tragedy if we did not respond in this way, to permit this development at this location. I think the long range impact on a negative side would be extremely detrimental to this community if we don't move forward in the direction we're going. Any further comments from the Board members before we vote? 'Okay, we've hod our discussion, I'll ask our Attorney if there's any other fine tuning he would like to see in this? ATTORNEY DUSEK-1 think that the only question that would be before the Board in addition to the main port of the resolution would be that extra handout and whether or not there's anything in there that you want inserted. SUPERVISOR BORGOS-1 looked through. I think we've covered most unless you see one thing in particular you would like us to include. You should know that the Zoning Board of Appeals and the Planning Board routinely work from a list of things that they incorporate into their findings and we typically do also. So just for the record it would be wise sometimes to add things. I think we've o€idressed most if not ali of these. ATTORNEY DUSEK-Well this would be ... on the negative declaration... COUNCILMAN MONTESI-What you're saying is that this second handout that says Polkowitz up on the top? ATTORNEY DUSEK-Polkowitz? SUPERVISOR BORGOS-That's not Polkowitz, that's Paul's notes. COUNCILMAN POTENZA-Ron, the other one. COUNCILMAN MONAHAN-This one that says Paul's notes, is what you wont us to use as a L� justification for ... COUNCILMAN POTENZA-No the other one. ATTORNEY DUSEK-No. The problem is that if you note in your negative declaration form, at the very end there's on open paragraph and it says, resolved that pursuant to section 617. 15 the annexed negative declaration is hereby completed to state the reasons that support the SEQRA determination and that's what I'm asking you to do. To state your reasons and what I hove put together for you is that if this is acceptable, this 2 page outline that sets forth the reasons and I picked this up from o review of the record believing that this might be what the Board thinks is the case. However I don't want to be the one who actually says this, I would like you to read it to make sure you're happy with what I've suggested. SUPERVISOR BORGOS-1 would like to incorporate this into this motion. I don't know, will it have to be introduced and seconded again or how do you want to do this? ATTORNEY DUSEK-It would hove to be amended then to include this. SUPERVISOR BORCOS-1 would like to amend the motion to include this. I've read it through very carefully. I thought I have in the last few minutes, try to dictate for the record a number of the items here plus some additional items. But I would move to incorporate this in. COUNCILMAN MONTESI-1 set the motion so I would accept this amendment. COUNCILMAN MONAHAN-Which one ore you doing? SUPERVISOR BORG OS-This is the 2 page report. COUNCILMAN M0NTESI-This is the 2 page report thot s tor ts with, the proposed action and involved agency approvals, including authorization for the sole of Town of Queensbury and ends with a sentence saying, the Town of Queensbury finds that there will be no significant impacts as a result of undertaking the action proposed. A T TOR NE Y D USEK-Yes. COUNCILMAN POTENZA-Councilman Montesi, where are you going to insert that? COUNCILMAN MONTESI-The resolution of non-significant. Whot page.is it Poul? ATTORNEY D USEK-It's the next to the lost page, the page just before where i t soys, duly adopted. COUNCILMAN POTENZA-No its part of the resolution Ron, that's the point I'm trying to make. The port that goes into part of the resolution, the second to the lost page. SUPERVISOR BOR COS-Okay. ATTORNEY DUSEK-Right. SUPERVISOR BORGOS-It also will appear on that form on the end, I believe. TOWN CLERK DOUGHER-Mrs. Potenzo, you agree to that then? COUNCILMAN POTENZA-Yes. SUPERVISOR BORGOS-Okay, we've had an amendment mode, do we hove to vote, we've got the amended motion on the floor, we haven't voted on anything yet. Okay, we're ready to vote: RESOLUTION ADOPTING DETERMINATION OF NON SIGNIFICANCE OF AMENDMENTS TO ZONING ORDINANCE RESOLUTION NO. 708, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Marilyn Potenzo. WHEREAS, the Town Board of the Town of Queensbury is considering.amending the Town of Queensbury Zoning Ordinance, by adopting th1e following Ordinance: ORDINANCE NO. 58-P AMENDING TOWN OF QUEENSBURY ZONING ORDINANCE: This Ordinance amends Sections 2.020, 4.010, 7.071, 7.072, 7.073 of the Town of Queensbury Zoning Ordinance, as amended. Enactment of the Ordinance is pursuant to Article II of the Town of Queensbury Zoning Ordinance and Article 16 of the Town Law of the State of New York, and Article 3 of the Zoning Ordinance is hereby amended such that certain property x;r described herein is rezoned as indicated. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, THAT: I. Article 2 of the Town of Queensbury Zoning Ordinance, Section 2.020, entitled "Definitions" is hereby amended to include: ENCLOSED SHOPPING CENTER — a group of architecturally unified commercial establishments built on a site which is planned, constructed and managed as a complete operating unit that is enclosed and roofed, with access to tenant areas generally oriented toward interior corridors. GROSS LEASABLE AREA (GLA) -- the total floor area designed for tenant occupancy and exclusive use, including kiosk, expressed in square feet and measured from the center line of joint partitions and from the inside faces of exterior walls, provided, however, that gross leasable area sholl not include common moll area, exit corridors, service corridors, storage/maintenance areas, elevators, escalators, or other common or public places. To be inserted in correct alphabetical listing, numbers of current definitions sholl be adjusted accordingly. 11. Article 4 of the Town of Queensbury Zoning Ordinance A). Section 4.010, entitled "Zoning Districts", is hereby amended as follows: P ESC-25A Enclosed Shopping Center 25 Acres B. Section 4.020-p ENCLOSED SHOPPING CENTER ESC-25A Maximum Density: At least twenty-five (25^cres will be required to establish any allowable use in a ESC Zone, up to 12,000 s.f. of gross floor area, per acre, for single story buildings and 15,000 s.f. per acre for multistory buildings. An additional 500 s.f. of land area will be required for each 150 gross floor area, for single-story buildings and 200 s.f. or proportion thereof for multistory buildings. Purpose: Enclosed Shopping Centers (ESC) ore those areas where development exists or is anticipated. Access points are defined in on effort to create coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environment and safe pedestrian circulation. MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT Area in Width YARD SETBACKS* OF LOT TO OF BUILDING Acres in feet Front Side Rear BE PERMEABLE (Feet) 25 800 50 30 30 20% 50 *A 50 ft. buffer zone shall be required adjoining residential and industrial zones. PERMITTED USES A C CESSOR Y USES Enclosed Shopping Center I. Loading Facility 2. Parking Facility 3. Ancillary Free Standing 4. Signs as per Queensbury Sign Ordinance SITE PLAN REVIEW All uses in ESC Zones will be subject to Site Plan Review. _. III. Paragraph 1 of Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.071, entitled "Off-Street Parking Design", is hereby amended as fol lows: Off-street parking space sholi be required for all buildings constructed, altered, extended and engaged in use after the effective date of this Ordinance. Each off-street' space for residential and commercial uses (except enclosed shopping centers)shall consist of at least two hundred(200)square feet and shall be at least ten (10) feet `91<- V - wide by twenty (20) feet long. Each off-street space for enclosed shopping centers and industrial uses shall consists of at least one hundred eighty (180)square feet ond,shall be at least nine (9) feet wide and twenty (20)feet long. Eoch porking spoce shall be reached by on access driveway at least twenty (20)feet clear in width. In addition, space necessary for aisles, maneuvering, safe pedestrian walkways and drives shall be provided. Parking requirements are specified in Section 7.072. IV. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.071, entitled "Off-Street Parking Design", is hereby amended as follows: C. Except for on enclosed shopping center, any parking lot or parking area area that will contain more than one hundred(100) cars shall be effectively divided by planted divider strips planted with trees fixed in place so as to effectively divide each parking area of one hundred(100) cars from another driveway and parking area for the purpose of insuring safety of vehicles moving within the entire parking area and to control speed. An enclosed shopping center shall provided planted parking dividers consistent with the above criteria, but the maximum number of cars within any divided parking area shall not exceed one hundred-fifty (150) cars. V. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.072, entitled "Off Street Parking Schedule", is hereby amended as follows: p) Enclosed shopping center: Notwithstanding any other provision in this Ordinance, enclosed shopping centers shall provide off-street parking spaces in accordance with the following standards: (i) Each parking space shall comply with the dimensional requirements set forth in Section 7.071. (ii) The required number of off-street parking spaces shall be calculated as follows: oo) for enclosed shopping centers greater than four hundred thousand(400,000) square feet CLA, all parking on the site will be based on five (5.0)spoces.per one thousand(1,000) square feet of GLA VI. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.073, entitled "Off-Street Loading" is hereby amended as follows: A) Except as provided in paragraph (B) below, at least one (1) off-street loading space shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of five thousand(5,000)square feet, computed as directed below. Space for off-street loading shall be in addition to space for off-street parking. B) An enclosed shopping center shall provide three (3) off-street loading spaces for each department store tenant, plus such additional, if any, centralized loading spaces as may be reasonably necessary to service interior mall tenants, taking into consideration interior service corridors, traffic and parking patterns, and architectural design. C) Each off-street loading space shall be subject to the following minimum requirements: 1)Each berth shall be not less than twelve (12) feet wide, forty (40) feet long and, when covered, fourteen (14) feet in height. 2)Off-street loading space (or spaces) located within fifty (50) feet of a residential property shall be shielded by wall, fencing, or other suitable material which shall serve to screen noise and uncontrolled entrance. VII. The following parcels of land shall be rezoned to the Enclosed Shopping Center (ESC- 25A) Zone: A) Tax Mop No. 98-1-2 and 98-1-5. 1, only a portion shall be rezoned as shown on o mop presented to the Town Board of the Town of Queensbury by the Pyramid Company and identified as RM-2 and titled "Proposed Zoning" and on file with the Town Clerk; B) Tax Mop No. 98-1-5.2, and C) Tax Mop No. 98-5-4. 1 and a Town of Queensbury parcel in Section 98, Block 1 and referenced therein as.Quaker Hill Rood. Vlll. The Town Zoning Map of the Town of Queensbury, adopted pursuant to Article 3 of the Town of Queensbury Zoning Ordinance, shall be amended to include the Enclosed Shopping Center (ESC-25A) Zone. (ID ,and WHEREAS, the Town Board of the Town of Queensbury is also considering the sale, to the Pyramid Company of Glens Falls, of certain property owned by said Town and herein identified as being rezoned and being further identified as existing in Section 98, Block 1, and referenced therein as Quaker Hill Road, and WHEREAS, the project under review has received preliminary reviews by the Town of Queensbury Planning Board and the Warren County Planning Board, and WHEREAS, the Town of Queensbury Planning Board and the Department of Environmental Conservation would appear to be involved agencies as it may be necessary for the Pyramid _ Company of Glens Falls to obtain further approvals from both agencies, 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 a Type I action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, and WHEREAS, the Town Board of the Town of Queensbury has received reports and information on the project from the Pyramid Company of Glens Falls and comments relative to the project from government agencies and interested persons and citizens and has also held two public. hearings prior-to consideration of the SEQRA Resolution, NOW, 'THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, and a// components there to previously described, including the sale of certain property by the Town, considering all comments and observations made by government agencies and other interested parties and citizens, reviewing the Environmental Assessment Form, reviewing all materials and documents submitted by the Pyramid Company of Glens Falls, including, but not limited to, the Traffic Impact Study, Drainage Report, Soils Report and response to comments by the LA Croup, reviewing the criteria contained in Section 617. 11, and thoroughly analyzing the project with respect to the potential environmental concerns, determines that it has sufficient information and determines that the action, as currently proposed, 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 Port 111 of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that, pursuant to Section 617. 15, the annexed Negative Declaration is hereby completed to state the reasons that support this SEQRA determination as follows: 1. The proposed action and involved agency approvals, including authorization for the sale of Town of Queensbury land have fairly predictable impacts as it is known that the proposed action and approvals will essentially result in an expansion of an existing enclosed shopping mall. As a result, the Town Board of the Town of Queensbury is of the opinion, based on all the documentation and comments received, that it has sufficient information to make determinations required under SEQRA and that the impacts will be minimal and not significant. 2. Traffic,and drainage concerns hove been addressed by the Pyramid Company of Glens Falls and the Town finds that the information and reports submitted persuasive in terms of establishing that there will be no significant impacts. 3. Noise levels are not expected to be any different than they are currently, with the exception of some temporary construction noise. 4. Soils and permeability will not be significantly impacted and soils in the area seem capable of supporting the type of.development proposed. i 5. Other site specific issues such as parking, fire access, solid waste are persuasively addressed and mitigations proposed as necessary, in a report entitled, "Response Report for Review Comments of the Town of Queensbury", doted November, 1990, and developed by the L.A. Group. 6. The sole of the Town of Queensbury property constitutes the sale of surplus property and is generally located between existing business development and is curently looted in the commercial zone, which zone is currently serviced by municipal sewers and water and all available information would indicate that there would be no significant impacts under SEQRA. 7. The reasons supporting the Town of Queensbury determination in this case, are further supported by a review of al/ documentation and comments submitted, and after taking a hard look, the Town of Queensbury finds that there will be no significant impacts as a result of undertaking the action proposed. and, BE IT FURTHER RESOLVED, that the annexed Negative Declaration, as completed, is hereby approved and the Town Attorney is hereby authorized and directed to file the some in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos Noes: Mrs. Monahan Absent: None Abstain Mr. Kurosako COUNCILMAN MONAHAN - No and for the record I would like to state my reasons and I hote to do this to the Pyramid Mall because i think its a good project but I don't feel that we as a Board are approaching this correctly. One, I think that it is a site specific. I think that it can be a detriment to the other shopping malls that are playing under a different set of rules. Secondly, I will go to their impact statement where it says the impacts from this project will be positive which will be true as for as they are concerned but it may hove a very negative impact on some of the dther malls in this Town therefore I do not say, I con not give this a negative dec because I can't agree with a// the statements that ore in here. SUPERVISOR BORGOS - I would say yes, a very strong yes and I would like to add that not only do I think this won't adversely impact the other malls, I think it will be beneficial to them. Not just a person driving by but some of you have to know that I taught courses for over 20 years and a good share of that specifically was retailing,retail monagement, marketing and one of the interesting parts, one of the interesting phenomena of retail I guess is that the more you hove the more it begets others and the more it helps others: COUNCILMAN MONA HA N-Steve, I completely agree with you. I hove people in that some kind of business circumstance who tell me that the four filling station on the corner increases their volume and I would completely agree with you if they were all playing with the some set of rules. My objection is because we are not doing this in the proper sequence so that every mall here is playing with the some set of rules and that's my problem. We're asking one person to play the boll game with one set of rules and we're giving another person the some ball game with a different set of rules. SUPERVISOR BOR COS-We obviously disagree and I don't-think we'll resolve it tonight. COUNCILMAN MONAHAN-That's right. SUPERVISOR BORGOS-Okay; we have a componion resolution, that is the resolution to amend the zoning ordinance which sets forth the changes that we've been discussing here and we've just declared to be of no significance. COUNCILMAN POTENZA-1111 introduce it and waive the reading, COUNCILMAN MONTESI-I'll second it. SUPERVISOR BORGOS-Introduced and seconded, any further discussion. ATTORNEY DUSEK-Yes. First thing / would like to bring to the Board's attention is thot since the ordinance was amended in the negative declaration, it would also hove to be onended here to match and I think the Clerk con probably do that for you. The second thing is tos is where that second handout comes in. This is what I would recommend to the Board'fq your consideration is the first resolve clause after all the whereas clauses now, so it would cone right there in the middle and that is once again only if that is something the Board feels{t agrees with or if it wants to change it, it's more than welcome to change it. SUPERVISOR BORCOS-Once again, / think you've done a nice job. Wemayfindowordir two that we would want to change, we'll take a look. Paul where do you wont to put this exactly? ATTORNEY DUSEK-Right after the, now therefore be it, the third page in. What this does is that, before I hod just set forth the ordinance in your typical legal language and I felt it would be important to state some reasoning behind why your doing what your doing and that's why that's been proposed to you. SUPERVISOR BORGOS-Okoy, so your saying even though this other really says it also, you want each document to carry it's own weight. ATTORNEY DUSEK-Right, one is primarily dedicated to SEQRA and the environment whereas this document is dedicated towards your legislative enactment. COUNCILMAN POTENZA-1111 accept the changes and add it to the third page after the lost whereas clause. The page that starts,, resolved that the Town Board of the Town of Queensbury finds as follows and numerates 1,2,3,4,5, and ends, the Town insofar as it's assessed valuation and utilization of municipal water and sewers in that area of Town. COUNCILMAN MONTESI-I'll second it. SUPERVISOR BORGOS-Any discussion? V e're ready to vote. RESOLUTION TO AMEND ZONING ORE I VANCE RESOLUTION NO. 709, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Ronald Montesi. WHEREAS, the Town Board of the Town of Queensbury has considering adopting the following amendments, supplements, changes ono,'jr modifications to the Town of Queensbury Zoning Ordinance: 1) Article 2 GENERAL PROVISIONS -Section 2.020 Definitions - Add a definition for "ENCLOSED SHOPPING CENTER" and amend the definition of "GROSS LEASABLE AREA (GLA)"; i. 2) Article 4 ZONING DISTRK.'TS AND REGULATIONS - Section 4.010 Zonin Districts - Add o zoning district entitled "ENCLOSED SHOPPING CENTER" and create Section 4.020-P describing said District; 3) Article 7 SUPPLEMENTAR Y REGULATIONS A. Section 7.071 - Off Street Parking Designation - Add criteria for enclosed stopping center, ,: B. Section 7.072 - e:Iff Street Parking Schedule - Add enclosed shopping center standards to so-'rl Schedule, C. Section 7.073 )ff Street Loading - Amend requirements to add separate criteria for Er:,losed Shopping Centers. 4) CF.a NGES OF ZOh - Certain parcels of land or portions thereof owned by Pyramid Company of Glens `ills (Town of Queensbury Tax Map No. 98-1-5.2) Charles R. ►food(Town of Queensbury Tax Map No. 98-5-4.1), Meadow Run Development Corp. c/o Charles R. Wool(Town of Queensbury Tax Mop No. 98-1-5. 1), Highway Hosts, Inc., c/o Charles R, Wood, (Town of Queensbury Tax Mop No.: 98-1-2), and Town of Queensbury (Town of Queensbury Tax Mop No. 98-1-(No Lot#) and known thereon as Quaker Hill Rccd) and more specifically identified on a mop presented to the Town Board by the Pyramid Company and identified as RM-2 and titled, "Proposed Zoning" and on file with the Town Clerk of the Town of Queensbury would be changed as follows: A. Tax heap No. 98-1-5.2 - from Plaza Commercial - 1 Acre to Enclosed Shopping Center - 25 Acres; B. A portion of Tax Map No. 98-1-5. 1 and 98-1-2 as shown on said mop would � be rezoned from Highway Commercial - 1 Acre to Enclosed Shopping Center. - 25 Acres; 1 C. Tax Mop No. 98-5-4. 1 and Town of Queensbury parcel in Section 98 Block 1 and referenced to therein, as Quaker Hill Road- from Plaza Commercial - to Enclosed Shopping Center - 25 Acres. 144EREAS, a public hearing was held by this Town Board on December 3, 1990, at 7:30 p.m., cd a further public hearing was held on December 17, 1990, at 7:30 p.m., in the Queensbury t' > Ar i vi-Zies Center, 531 Boy Rood, Queensbury, Warren.County, New York, and WHEREAS, thg Planning Board of the Town of Queensbury recommended approval of said proposed changes on November 20, 1990, and WHEREAS, the Adirondack Park Agency was duly notified of said proposed amendment, and WHEREAS, the Warren County Planning Board recommended approval of said proposed addition on November 14, 1990, and WHEREAS, the Town Board of the Town of Queensbury has made a determination that the proposed omendments; supplements, changes and/or modifications 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 amendments, supplements, changes and/or modifications to the Zoning Ordinance, NOW, THEREFORE BE IT RESOL VED, that the Town Board of Town of Queensbury finds as follows: 1. That the area of Town principally effected by this Zoning Ordinance Amendment and Rezoning, will be that area currently occupied by the Aviotion Moll and certain adjoining parcels or portions thereof; 2. That the amendments to the Zoning Ordinance and Rezoning will allow the Aviation Moll to expand the size of its facilities; 3. That the expansion will benefit the community as a whole, in as much as new shopping facilities and stores will be made available and additional jobs created, 4. That the proposed revisions to the zoning address the particular needs of an enclosed shopping mall and it is deemed appropriate to modify the Town of Queensbury Zoning Ordinance to accommodate those needs and create a new zone to allow these needs to be more easily addressed now and in thy,future, 5. That the Town as a whole, will be benefited further by the development, as this area of Town is currently designated a commercial area and the proposed revisions will result in the utilization of surplus Town property as well as other surplus commercial property in the immediate vicinity, and thereby have positive impacts on the Town insofar as assessed valuation -- and utilization of municipal water and sewers in that area of Town. and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby adopts the following Ordinance which will amend the Zoning Ordinance as indicated ORDINANCE NO. 58-P AMENDING TOWN OF QUEENSBURY-ZONING ORDINANCE: This Ordinance amends Sections 2.020, 4.0.10, 7.071, 7.072, 7.073 of the Town of Queensbury Zoning Ordinonce,o as amended. Enactment of the Ordinance is pursuant to Article 11 of the Town of Queensbury Zoning Ordinance and Article 16 of the Town Low of the State of New York, and Article 3 of the Zoning Ordinance is hereby amended such that certain property described herein is rezoned as indicated. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, THAT: w I. Article 2 of the Town of Queensbury Zoning Ordinance, Section 2.020, entitled "Definitions" is hereby amended to include: ENCLOSED SHOPPING CENTER — a group of architecturally unified commercial establishments `— built on a site which is planned, constructed and managed as a complete operating unit that is enclosed and roofed, with access ito tenant areas generally oriented toward interior corridors. GROSS LEASABLE AREA (GLA)— the total floor area designed for tenant occupancy and exclusive use, including kiosk, expressed in square feet and measured from the center line of joint partitions and from the inside faces of exterior walls, provided, however that gross leasable area sholl not include common moll area, exit corridors, service corridors, storoge/maintenance areas, elevators, escalators, or other common or public places. To be inserted in correct alphabetical listing; numbers of current definitions shall be adjusted accordingly. 11. Article 4 of the Town of Queensbury Zoning Ordinance A). Section 4.010, entitled "Zoning Districts", is hereby amended as follows: P ESC-25A Enclosed Shopping Center 25 Acres B). Section 4.020-p ENCLOSED SHOPPING CENTER ESC-25A Maximum Density: At least twenty-five (25) acres will be required to establish any allowable use in a ESC Zone, up to 12,000 s.f. of gross floor area per acre for single story buildings and 15,000 s.f. per ocre for multi-story buildings. An additional 500 s.f. of land area will be required for each 150 —` gross floor area, for single-story buildings and 200 s.f. or proportion thereof for multi-story buildings. Purpose: Enclosed Shopping Centers (ESC) ore those areas where development exists or is anticipated. Access points are defined in on effort to create coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environment and safe pedestrian circulation. MINIMUM LOT SIZE MINIMUM MINIMUM PERCENT MAXIMUM HEIGHT Area in Width YARD SETBACKS* OF LOT TO OF BUILDING Acres in feet Front Side Rear BE PERMEABLE (Feet) 25 800 50 30 30 20% 50 *A 50 ft. buffer zone shall be required adjoining residential and industrial zones. PERMITTED USES `"" ACCESSORY USES Encloses Shopping Center 1. Loading Facility 2. Parking Facility 3. Ancillary Free Standing 4. Signs as per Queensbury Sign Ordinance SITE PLAN REVIEW All uses in ESC Zones will be subject to Site Plan Review. Ill. Paragraph 1 of Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.071, entitled "Off-Street Parking Design", is hereby amended as follows: Off-street parking space shall be required for all buildings constructed, altered, extended and engaged in use after the effective date of this Ordinance. Each off-street space for residential and commercial uses (except enclosed shopping centers)shall consist of at least two hundred(200)square feet and shall be at least ten (10) feet wide by twenty (20) feet long. Each off-street space for enclosed shopping centers and industrial uses shall consist of at least one hundred eighty (180)square feet and shall be at least nine (9) feet wide and twenty (20) feet long. Each parking space shall be reached by on access driveway at least twenty (20) feet clear in width. In addition, space necessary for'oisles, maneuvering, safe pedestrian walkways and drives shall be provided. Parking requirements ore specified in Section 7.072. IV. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.071, entitled "Off-Street Parking Design", is hereby amended as follows: C. Except for on enclosed shopping center, any parking lot or parking area that will contain more than one hundred(100) cars shall be effectively divided by planted divider strips planted with trees fixed in place as to effectively divide each parking area of one hundred(100) cars from another dkivewoy and parking area for the purpose of insuring safety of vehicles moving within the entire parking area and to control speed. An enclosed shopping center shall provide planted parking dividers consistent with the obove criterio, but the maximum number of cars within any divided parking area shall not exceed one hundred-fifty (150) cars. V. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.072, entitled "Off Street Parking Schedule". is hereby amended as follows: p) . 'Enclosed Shopping center: Notwithstanding any other provision in this Ordinance, enclosed shopping centers shall provide off-street parking spaces in accordance with the following standards: (i) Each parking space shall comply with the dimensional requirements set forth in Section 7.071. (ll) The required number of off-street parking spaces shall be colculoted,as follows: ao) for enclosed shopping centers greater than four hundred thousand(400,000) square feet CL A, all parking on the site will be bosed on five (5.0)spaces per one thousand(1,000)square feet of GLA VI. Article 7 of the Town of Queensbury Zoning Ordinance, Section 7.073, entitled "Off-Street Loading" is hereby amended as follows: A) Except as provided in paragraph (B)below, at least one (1)off-street loading space shall be provided for each commercial or industrial establishment.hereofter erected or substantially altered to hove o gross floor area in excess of five thousrand(5,000)square feet, computed as described below. Space for off-street loading shall be in addition to space for off-street parking. B) An enclosed shopping center shall provide three (3) off-street loading spaces for each deportment store tenant, plus such additional, if any, centralized loading spaces as may be reasonably necessary to service interior moll tenants, taking into consideration interior service corridors, traffic and parking patterns, and architectural design. C) Each off-street loading space shall be subject to the following minimum requirements: 7) . Each berth shol/ be not less than twelve (12) feet wide, forty (40) feet long and, whenr covered, fourteen (14) feet in height. 2) Off-street loading space (or spaces) located within fifty (50 feet of a residential property shall be shielded by wail, fencing, or other suitable material which shall serve to screen noise and uncontrolled entrance. Vll. The following parcels of land shall be rezoned to the Enclosed Shopping Center (ESC- 15A) Zone: A) Tax Mop No. 98-1-2 and 98-1-5. 1, only a portion shall be rezoned as shown on a map presented to the Town Board of the Town of Queensbury by the Pyramid Company and identified as RM-2 and titled "Proposed Zoning" and on file with the Town Clerk; B) Tax Map No. 98-1-5.2; and C) Tax Mop No. 98-5-4. 1 and o Town of Queensbury parcel in Section 98, Block 1 and referenced therein as Quaker Hill Rood. VIII. The Town Zoning Map of the Town of Queensbury, adopted pursuant to Article 3 of the Town of Queensbury Zoning Ordinance, shall be amended to include the Enclosed Shopping Center (ESC-25A) Zone. and, BE IT FURTHER RESOLVED, that the zoning mop for the Town of Queensbury is hereby amended to provide for the zoning of said lands,,and BE IT FURTHER RESOL VED, that, pursuant to the requirements of Article I 1 of the Town of Queensbury Zoning Ordinance and Section 165 of the Town Low, the Town Clerk shall, within five (5) days, direct that o certified copy of said amendments be published in the Glens Fats Post Star and obtain on Affidavit of Publication, and BE IT FURTHER RESOLVED, that these amendments take effect ten (10) days after said publication, and any port of the Zoning Ordinance which is inconsistent with sold amendments shall be deemed amended or repealed. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mrs. Potenzo, Mr. Montesi, Mr. Borgos 4 Noes: Mrs. Monahan Absent: None Abstain: Mr. Kurosoka COUNCILMAN MONAHAN-No, and my reasons will be the some os the prior reasons. ATTORNEY DUSEK-Did Mrs. Potenzo also include the amendments to the ... COUNCILMAN POTENZA-The additional amendments, yes. SUPERVISOR BORGOS-1 believe she did. COUNCILMAN MONAHAN-Are you talking about where we took the words and stuff like that? ATTORNEY DUSEK-Right, I wont to make sure that both documents ore the some in that regard. SUPERVISOR BORGOS-You want my vote? A loud yes for the some reasons as before. This is now adopted. Are other SEQRA statement is adopted. I'm delighted that this process has gotten through this point. I wish well ...thank you for offering to bring the project to us. I hope that this gives it a good push in the right direction. You still and the public should know this, you still hove site plan review to go through with the Planning Board which could take some amount of time, more coreful'scrutiny of the project. But I compliment you on the fine work that has been done. The purchase of Town property has to be finalized but thot Is at an agreeable stage at the moment. MR. STEWAR T-Thank you very much for your courtesy and your patience. MR. GAGLIANO-1 jug want to thank the entire Board for their careful consideration of this project and the effort and work by everyone that's involved. SUPERVISOR BORGOS-Thank you. Good luck. OPEN FORUM 8:05 p.m. Rene Bosk, Benefit Consultant for Empire Blue Cross Blue Shield spoke to the Town Board regarding o program called Sure Access, a State Subsidize Health Insurance Program, sponsored by the State of New York, Deportment of Health. SUPERVISOR BORGOS-Recommended to send some literature that the Town could make available. OPEN FORUM CLOSED RESOL UTIONS RESOLUTION AUTHORIZING PAYMENT RESOLUTION NO. 710, 1990, Introduced by Marilyn Potenzo who moved for its adoption, seconded by Betty Monahan. RESOL VED, that the Town Board of the Town of Queensbury hereby authorize the payment of$2500.00 to Mr. Edward J. Holohon, the consultant in preparing the Fire'Service Aword Program to be token from the Fire Fund miscellaneous contractual line. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos 1 Noes: None —' Absent: None RESOLUTION AUTHORIZING PROMOTION ADVERTISEMENT RESOLUTION NO. 711, 1990, Introduced by Stephen Borgos who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby sponsors one half-page advertising in the New York Kick Program Booklet, black and white for $300.00 to be paid from the Publicity account. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING REFUND RESOLUTION NO. 712, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the Town Board of the Town of Queensbury hereby authorize the zoning refund payment fee of$50.00 to Mr. James Liedtke. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COUNCILMAN MONTESI updated the Town Board regarding the status of Long John Silver and the Route 9 Sewer. Noted concern with the problems regarding the Dunham's Bay Rood. COUNCILMAN MONAHAN-Suggested that as soon as the worm weather arrives, the Town Board make a site visitpnd find some logical conclusion. SUPERVISOR BORGOS noted as a media statement, snow mobiles are not permitted on Town roads. Noting also a Special Town Board meeting scheduled for Wednesday at 5:00 for the purpose of end of year business. - RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 713, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. RESOL VED, that the Town Board of the Town of Queensbury hereby approve the Town Board Minutes of November 28th and December 6th of 1990. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING SUPERVISOR TO SIGN EMPIRE BLUE CROSS AND BLUE SHIELD AGREEMENT RESOLUTION NO. 714, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, a renewal agreement with Empire Blue Cross and Blue Shield, NOR THCARE, has been prepared, and WHEREAS, the aforesaid contract has been reviewed and is presented to this meeting, NOW, THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the renewal agreement with Empire Blue Cross Blue Shield, NOR THCARE. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None , RESOLUTION DESIGNATING FIRST NATIONAL BANK OF GLENS FALLS AS DEPOSITORY RESOLUTION NO. 715, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Ronald Montesi. RESOLVED, that the First Notional Bonk of Glens Falls be and it hereby is designated a depository of this corporation with authority to accept at any time for the credit of this corporation deposits by whomsoever mode of funds in who tever form and in whatever manner endorsed, and said Bank be and it hereby is authorized and directed to pay or otherwise honor or apply without inquiry and without regard to the application of the proceeds thereof, checks, drafts, notes, bills of exchange, acceptances, undertakings and other instruments or orders for the payment, transfer or withdrawal of money on deposit with it to the credit of this corporation, for whatever ---'' purpose and to whomsoever payable, including those drown or endorsed to the individual order of a signer, when signed, accepted, or endorsed by any one of the following named persons or persons from time to time holding the following offices of this corporation: Stephen Borgos, Town Supervisor Marilyn Potenza, Deputy Town Supervisor; and BE IT FURTHER RESOLVED, that in accordance with the terms of this resolution and until such time as it is either amended or revoked, the First Notional Bank of Glens Falls shall open and maintain the following accounts with the following titles on behalf of the corporation: TOWN OF QUEENSBUR Y FUNDS AND BANK ACCOUNT CODES FUND NAME BANK ACCT. # GENERAL FUND 259599501 CEMETER Y FUND Ilk 259600401 UNEMPLOYMENT INSURANCE 259601701 HIGHWAY FUND 259602001 FIRE PROTECTION FUND 259603301 VEHICLE RESERVE FUND CAPITAL PROJECT 259604601 DRAINAGE FUND CAPITAL PROJECT 259605901 j LANDFILL EQUIPMENT CAPITAL PROJECT 259606201 RE-VALUATION FUND CAPITAL PROJECT 259607501 T.O.B. IMPROVEMENTS CAPITAL PROJECT 259608801 CEMETERY EQUIPMENT CAPITAL PROJECT 259609101 QUAKER ROAD SEWER CAPITAL PROJECT, 259610101 WATER DEPT. LOADER CAPITAL PROJECT 259611401 WATER DEPT. EQUIPMENT CAPITAL PROJECT 259612701 Q.B.Y. CENTER SENIOR CAPITAL PROJECT 259613001 STATE POLICE BUILDING CAPITAL PROJECT 259614301 RIDGE ROAD RECREATION CAPITAL PROJECT 259616901 HOVEY POND RECREATION CAPITAL PROJECT 259617201 S.Q.B.Y. PARK RECREATION CAPITAL PROJECT 259618501 W. END PARK RECREATION CAPITAL PROJECT 259619801 GURNEY LANE RECREATION CAPITAL PROJECT 259620801 CRONIN ROAD BRIDGE CAPITAL PROJECT 259621101 Q.B. Y. SCHOOL RECREATION CAPITAL PROJECT 259622401 HIGHWAY GARAGE IMPROVEMENT CAPITAL 259623701 TRAFFIC LIGHT CAPITAL PROJECT 259624001 LANDFILL FUND 259625301 FT. AMHERST LIGHTING 259626601 • CLEVERDALE LIGHTING 259627901 PINEWOOD LIGHTING 259628201 S. QUEENSBURY LIGHTING 259629507 W. QUEENSBURY LIGHTING 259630501 QUEENSBURY LIGHTING 259631801 ,_,r-- P.A.C. SEWER DISTRICT 259632101 RES. PARK SEWER DISTRICT 1 259633401 QUAKER ROAD SEWER DISTRICT 259634701 TECHNICAL PARK SEWER DISTRICT i 259635001 HILAND PARK SEWER DISTRICT 259636301 DRAINAGE FUND 259637601 QUEENSBURY WATER FUND 259638901 CLENDON BROOK WATER 259639201 SHER MAN AVE. EX T. WATER 259640201 PEGGY ANN WATER FUND 259641501 HILAND PARiK WATER FUND 259642801 W. GLENS FALLS WATER FUND 259643101 SHORE COLONY WATER FUND 259644401 W. GLENS FALLS EXT. #1 259645701 SUSPENSE ACCOUNT 259646001 TOWN OF QUEENSBURY 2596473 and BE IT FURTHER RESOLVED, that the First National Bank of Glens_.Folls be and it hereby is authorized and directed.to honor as genuine and authorized.instruments of this corporation any and all checks, drafts or other orders for the payment of money drown'in the name of the corporation and signed on its behalf with the facsimile signature of onj of the following officers of this corporation: Stephen Borgos, Town Supervisor, and that the Town Supervisor is authorized and directed to certify to said Bonk by specimen the form or forms of facsimile signatures outhorized.by this corporation for use by the above-nomed.person or persons ond,thot this corporation assumes full responsibility for any and all payments mode by'soid Bank in reliance upon the facsimile signatures of any person or persons named above and agrees to indemnify and hold hormless said Bank against any and all loss, cost, damage, or expense suffered or incurred by said Bank arising out of the misuse or unlawful or unauthorized use by any person of such facsimile signature or signatures, and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is authorized and directed to certify to the First National Bonk of Glens Falls the foregoing,resolution or resolutions and that the provisions thereof ore in conformity with Local Law or Ordinance and the Town Law of the State of New York, and BE IT FURTHER r� RESOLVED, that the foregoing resolutions and the authority thereby conferred sholl remain in full force and effect until this corporation officially notifies the First National Bonk of Glens Falls to the contrary in writing and said Bank may conclusively presume that said resolutions are in effect and that the persons identified from.time to time as officers of the corporation by Certificate of the Town Clerk hove been duly elected or appointed to and continue to hold such offices. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AMENDING RESOLUTION NO. 611, 1990 CONCERNING EMPLOYMENT OF ASSISTANT DIRECTOR OF PARKS A RECREATION RESOLUTION NO. 716, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Ronald Montesi. WHEREAS,the Town Board of the Town of Queensbury, by virtue of Section 20 of the Town Law of the State of New York, has the authority to employ such employees as the Town Board may determine necessary for the proper conduct of the affairs of the Town,of Queensbury, and R WHEREAS, the Town Board of the Town of Queensbury, pursuant to resolution no.: 611, 1990, created the position of Recreation Program Specialist for the Town of Queensbury and appointed Mr. Steven M. Lovering as Recreation Program Specialist, and WHEREAS, the Town Board of the Town of Queensbury is desirous of amending its previous resolution such that the position and title ofl"Recreation Program Specialist," be changed to read "Assistant Director of Parks and Recreation," and appointing Mr. Steven M. Lovering to that position and title instead, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury amend resolution no. 611, 1990 to the extent that the position and title of "Recreation Program Specialist" be amended to read "Assistant Director of Parks and Recreation,."--ond appointing Mr. Steven M. Lovering CDL to that position. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING WITHDRAWAL FROM LANDFILL CAPITAL RESERVE FUND --- RESOLUTION NO. 717, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Stephen Borgos. WHEREAS, in accordance with the General Municipal Law of the State of New York, and subject to permissive referendum, the Town Board of the Town of Queensbury, by Resolution No. 456, 1988, established a Capital Reserve Fund for the specific purpose of financing the cost incidental to abandonment and closure, if necessary, of the Town of Queensbury-City of Glens Falls Landfill, such costs to include legal fees, printing, engraving, and publication of legal notices, engineering expenses, and associated costs including filling, drainage, fences, roadways, water monitoring, and buildings appurtenant or incidental thereto, and any other construction or land acquisition which may be necessary or required by law or regulation to close and abandon the said landfill, and WHEREAS, there has been presented for payment by the Town of Queensbury, certain bills for services rendered by Clough, Harbour & Associates, Engineers & Planners, for engineering services performed in connection with the development of a closure plan for the aforesaid landfill, and WHEREAS, the bills submitted ore properly payable from the aforesaid reserve fund in accordance with General Municipal Low Section 6(c), and 1 WHEREAS, prior hereto, the Town Board established an expenditure line in said reserve fund titled Landfill Closure Expenditures and numbered R46-26-5-8160-400 and appropriated $50,000.00 for said expenditures, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the aforesaid bills presented for payment by the County of Warren for expenditures incurred with Clough, Harbour & Associates, Engineers & Planners, for the development of a closure plan for the aforesaid landfill constitutes an expenditure which may be made from the aforesaid Capital Reserve Fund, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to pay the County of Warren, the aforesaid Clough, Harbour & Associates' bills in an amount not to exceed $10,124.23, by withdrawing sufficient funds to pay the same from the aforesaid Capital Reserve Fund, and paying said amounts from Account #R46-26-5-8160-400, and BE IT FURTHER RESOLVED, the Town Supervisor, as Chief Fiscal Officer, shall maintain records showing the amount and date of the withdrawal authorized by this Town Board Resolution from the aforesaid Reserve Fund. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None �-- Absent: None RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING FEE AGREEMENT RESOLUTION NO. 718, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by Stephen Borgos. WHEREAS, J. Paul Barton d/b/a Docksider Restaurant, currently has pending before the Town of Queensbury an expansion project for said Restaurant, and WHEREAS, the technical assistance fees charged for this project hove exceeded the $1,000.00 maximum set forth in Article 5 of the Queensbury Zoning Ordinance, and WHEREAS, the applicant has been advised of these additional fees and has agreed to enter into an agreement with the Town for payment of said fees, and WHEREAS, the proposed agreement has been presented at this meeting and reviewed and approved by Karla M. Corpus, Deputy Town Attorney, Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Engineering Fee Agreement presented at this meeting is hereby approved, and BE IT FURTHER RESOL VED, that, pursuant to the Town Law of the State of New York, Section 64(6), the Town Supervisor is hereby authorized to execute and sign the aforesaid Engineering Fee Agreement with J. Paul Barton. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION AUTHORIZING SALE OF PROPERTY TO HIGGS & CRAYFORD, INC. RESOLUTION NO. 719, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded by Betty Monahan. WHEREAS, it has been_brought to the attention of the Town Board of the Town of Queensbury that o portion of the garage constructed on Lot No. 20, Edgewater Park Subdivision, located on Feeder Canal Court, in the Town of Queensbury, was inadvertently built upon adjacent lands owned by the Town of Queensbury, and WHEREAS, the owner of Lot No. 20, Higgs & Crayford Inc., has requested that the Town sell them a triangular shoped.piece of property surrounding the encroaching garage, a map of which property is presented at this meeting, and WHEREAS, an appraisal of the property indicates that said triangular shaped parcel has a value of $444.00, and WHEREAS, Higgs & Crayford, Inc. has indicated o willingness to pay to the Town the appraised value of the land involved and the cost.of recording all necessary documents,.and WHEREAS, the Town Board has carefully evaluated the circumstances of this matter and the Town property involved, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby finds: 1) That the portion of this land or parcel involved is not needed for Town purposes, 2) That the selling price is a reasonable amount to demand for sole of the parcel, and 3) That a sole in this fashion to Higgs & Crayford, Inc. is reasonable under the circumstances, and BE IT FURTHER RESOL VED, that the Town Board of the Town of Queensbury hereby approves the sole of the triangular shaped portion of land located adjacent to Lot No. 20, Edgewater Park Subdivision, which parcel is more specifically shown ono survey map presented at this meeting, to Higgs & Crayford, Inc., fora purchase price of$444.00, plus the cost of recording the transfer documents, and BE IT FUR THER RESOLVED, that, pursuant to the Town Low of the State of New York, Section 64(2), the Town Supervisor is hereby authorized to execute and place the seal of the Town.of Queensbury on any and all documents necessary to sell the property to Higgs & Crayford, Inc., arrange for transfer of ownership, receipt and deposit of the selling price, and arrange for filing of the documents with the Town Clerk and the Warren County Clerk's Office, as may be necessary, and BE IT FURTHER RESOLVED, that, in accordance with Section 64(2) of the Town Low 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 the Notice that this Resolution was adopted on the date indicated herein, by the council persons indicated, and within the Town of Queensbury. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos --- Noes: None Absent: None Abstain: Mr. Kurosako RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING AND PROFESSIONAL SERVICES AGREEMENT RESOLUTION NO. 720, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Pyramid Company of Glens Falls, currently has pending before the Town of Queensbury on expansion project for the Aviation Mall, and WHEREAS, the Town's review of said project will require certain engineering and professional services, and WHEREAS, the applicant consented to enter into an agreement with the Town for payment of said services, and WHEREAS, the proposed agreement has been presented at this meeting and reviewed and approved by Karla M. Corpus, Deputy Town Attorney, Town of Queensbury, NOW, THEREFORE BE IT RESOLVED, that the Engineering and Professional Services Agreement presented at this meeting is hereby approved, and BE IT FURTHER . 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 sign the aforesaid Engineering and Professional Services Agreement with the Pyramid Company of Glens Falls. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None • RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 721, 1990, Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosoka WHEREAS, certain departments have requested transfers to funds, and WHEREAS, said requests have been opprovel 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: HIGHWAY DEPARTMENT FROM TO AMOUNT A 32 5 5010.405 A 32 5 5010.401 $ 100.00 (Books, Pubs., (Office Supplies) Subscripts.) A 32 5 5010.405 A 32 5 5010.404 25.00 (Books, Pubs., (Dues & Registrations.) Subscripts.) A 32 5 5010.405 A 32 5 5010.440 _ 80.00 (Books, Pubs., (Misc. Contractual) Subscri ps.) D 1655110. 140 D 1655110. 145 5, 174. 11 (Laborer A) (M.E.O) D 1655110. 140 D 1655110. 146 300.00 (Laborer A) (Engineer) D 16 5 5130.442 D 16 5 5130.206 720.00 (Interdept. Contr.) (Tools) D 16 5 5110. 194 D 16 5 9060.800 5,000.00 (Parts Shop Asst.) (Hose.) D 16 5 5130.422 D 16 5 9060.800 4,000.00 (Training) (Hose.) D 16 5 5142. 194 D 16 5 9060.800 11,000.00 (Ports Shop Asst.) r` (Hosp.) D 16 5 5130.420 D 16 5 9060.800 10,000.00 (insurance) (Hosp.) D 16 5 5130.420 D 16 5 5130.441 10,000.00 (Insurance) (Gas) D 16 5 5130.204 D 16 5 5130.206 630.00 (Heavy Equip.) (Tools) BUILDINGS AND GROUNDS A 14 5 1620.203 A 14 5 1610. 124 300.00 (Software) (Bldg. Maint. Helper) A 14 5 1620.479 A 14 5 1620. 124 1,500.00 (Maint.) (Bldg. Maint. Helper) A 14 5 1622.406 A 14 5 1620. 114 11000.00 (Warronties) (Bldg. Maint. Helper) A 14 5 1625.445 A 14 5 1620. 124 2,000.00 (Signs) (Bldg. Maint. Helper) A 14 5 1627.408 A 14 5 1620. 124 250.00 (Advert.) (Bldg. Maint. Helper) A 14 5 1620.401 A 14 5 1620.408 500.00 (Office Supplies) (Advertisement). A 14 5 1620. 153 A 14 5 1620. 147 1,500.00 (Bldg. Maint.) (Working foreman) A 14 5 5132.440 A 14 5 1623.466 2,000.00 (Misc. Contractual) (Elect. Repairs) A 14 5 1627.409 A 14 5 1622.465 750.00 (Conference) (Air Cond. & Furnace Repairs) LANDFILL C) J12658160.413 J 12659795.700 3,847.32 (Legal Services) (Interfund Loan Interest) TOWN CLERK A 10 5 1410.405 A 10 5 1410.404 35.00 (Books, Pubs., Subs.) (Dues & Registrations) A 10 5 1410.409 A 10 5 1410.404 5.00 (Conference Expense) (Dues & Registrations) A 10 5 1410. 199 A 10 5 1410. 121 81900.00 (Senior Typist) (Deputy Town Clerk) A 10 5 1410.401 A 10 5 1410.203 730.00 (Office Supplies) (Computer Software) A 10 5 1410.409 A 10 5 1410.203 124.00 (Conf.) (Computer Software) BUILDING AND CODE ENFORCEMENT A 21 5 8010.440 A 21 5 8010.412 100.00 (Misc. Contrac.) (Printing) CEMETER Y C 24 5 8810.144 C 24 5 8810.143 737.72 (H.E.O.) (L obor. B) Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs.,,Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION ESTABLISHING POLICY FOR TOWN EMPLOYEES WHO MAYBE CALLED --t TO DUTY IN THE MIDDLE EAST DUE TO THE PERSIAN GULF CRISIS RESOLUTION NO. 722, 1990, Introduced by the Entire Town Board. WHEREAS, due to the Persian Gulf Crisis, certain Town employees who ore members of the Armed Forces Reserves or Notional Guard may be called to report to duty for deployment in the Middle East, and WHEREAS, the Town Board of the Town of Queensbury is concerned about protection of employee benefits and recommends that a policy be put into effect for all non-union employees and that on amendment to the agreement between the Town of Queensbury and the Town of Queensbury Unit of the Warren County Local No. 857 of the Civil Service Employees Association, Inc., be mode ,ta provide the some benefits, and WHEREAS, the said Warren County Local No. 857, has indicated it desires to amend the collective bargaining agreement in the fashion indicated to provide said benefits, NOW, THEREFORE BE iT RESOLVED, that the Town Board of the Town of Queensbury hereby amends the aforesaid collective bargaining agreement as proposed in the annexed supplemental agreement, and hereby further authorizes and establishes that all non-union employees shall hove the some military benefits afforded to union employees in the proposed collective bargaining agreement amendment, which benefits ore those afforded for employees called to report to duty as member of the Armed Forces Reserves or Notional Guard in the deployment in the Middle East for the Persian Gulf Crisis. 1 Duly,,dopted this 17th day of December, 1990, by the following vote: . Ayes: Vr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW ESTABLISHING.RULES AND REGULAtIONS FOR THE OPERATION OF WATER DISTRICTS AND THE USE OF WATER THEREIN RESOLUTION NO. 723, 1990, Introduced by Ronald Montesi who moved for its adoption, seconded ge by Geor Kurosoka. WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Low entitled, "A Local Law Establishing Rules and Regulations for the Operation of Water Districts and the Use of Water Therein'; and WHEREAS, such legislation is authorized pursuant to Town Law Section 198(3)(c) and the Municipal Home Rule Law of the State of New York, and WHEREAS, prior to adoption, it is necessary to conduct o public hearing on said proposed Local Low, NOW, THEREFORE BE IT RESOLVED AND ORDERED, thot the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Boy Road, Queensbury, Warren County, New York, at 7:30 p.m., on the 21st day of January, 1991, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the some and to take such action thereon as is required or authorized by low, and BE IT FURTHER RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Low in the manner provided by law. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoko, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Burgos Noes: None Absent: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR QUEENSBURY TOWN COURT COMPUTER HARDWARE, INCLUDING INSTALLATION RESOL UTION NO. 724, 1990, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded.by Mr. Stephen Borgos: WHEREAS, the Town Board of the Town of Queensbury is desirous of purchasing certain computer hardware, including installation, for the Queensbury Town Court which items are more specifically identified in the proposed bid documents and specifications submitted to this meeting, and WHEREAS, pursuant to Section 103 of the General Municipal Low, it is necessary to advertise. for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, and the requirements set forth in the bid documents presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that an advertisement for bids for the said computer hardware, including installation, be published in the official newspaper for the Town of Queensbury and that such advertisement indicate that bids will be received at the Office of the Town Clerk of the Town of Queensbury at any time until, but not later than January 11, 1991 at 2:00 P.M. and that the bids will be publicly opened and read at 2:05 P.M. by the Town Clerk of the Town of Queensbury, and such advertisement shall indicate that the Town Board of the Town of Queensbury shall have the right, at its discretion, to reject all bids and re-odvertise for new bids as provided by the,lows of the State of New York, and BE IT FURTHER RESOLVED, that Miss Darleen Dougher, Town Clerk of the Town of Queensbury is hereby authorized to open all bids received at the Office of the Town Clerk of the Town of Queensbury, at 2:05 p.m. Januury 11th, 1991 read the some aloud and make record of the some as is customarily done, and present the bids to the next regular or speciol. meeting of the Town Board of the Town of Queensbury. %- C 11 Duly adopted this 17th day of December, 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. 725, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosaka. WHEREAS, certain departments have requested transfers to funds, and WHEREAS, said requests have been approved by the Town of Queensbury Accounting Office and the Chief Fiscal Officer, NOW, THEREFORE BE IT RESOL VED, that the funds be transferred as listed below: WATER DEPARTMENT FROM TO AMOUNT W12758340156 W12758310149 1,050.00 (Water Maint. Man 1) (Water Supt.) W12758310407 750.00 (Office Supplies) W 12758310410 1,400.00 (Telephone) W12758310419 225.00 (Refunds) W12758310420 ' 10,676.00 (Insurance) W12758340434 100.45 (Oper. Moint. Ctr.) W12758340441 625.00 (Gas) W12758340432 W12758320151 4,000.00 (Service Materials) (Water Treatment Plant Oper. 2) W12758320450 2,500.00 (Fuel Oil) W12758340155 2,200.00 (Maint. Supv.) W12758320100 25.00 (Meal Tickets) W12758330425 210.85 (Alum) W12758340432 W72758340299 1,000.00 _ (Service Materials) (Land) 11 W12758340157 W12758340299 15,000.00 (Water Moint. Man 2) (Land) W12758340433 W12758340299 4,781.52 (Equip. Maint.) (Land) W12758340433 W12759030800 2,800.00 (Equip. Moint.) (Social Security) W32758340440 W32758320440 2,000.00 (T&D Cont.) (P&S Cont.) WGF Unreserved Fund Bal. W32758320440 3,057.30 (W3) (P&S Cont.) FIRE MARSHALL A 17 5 3410.4 10 A 17 5 3410.441 75.00 (Telephone) (Gas.) A 17 5 3410.403 A 17 5 3410.200 (Postage) 175.00 e) (E .,� 9 (Equipment) A 17 5 3410.404 A 17 5 3410.440 . 80.00 (Dues) (Misc. Cont.) Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None A bsen t: None RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO. 726,199 Introduced by Betty Monahan who moved for its adoption, seconded by George Kurosoka WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that soci67and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board has determined that a contract should be entered into with the Queensbury Senior Citizens, Inc., to provide said recreational and social activities and programs, and WHEREAS, a proposed contract between the Town of Queensbury and the Queensbury Senior Citizens, Inc., for the 1991 calendar year has been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said contract be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this contract is permitted and authorized by Section 95A of the General Municipal Low of the State of New York, NOW, THEREFORE BE IT RESOL VED, that the Supervisor of the Town of Queensbury.be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER R RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorized officer of the Queensbury Senior Citizens, Inc:, said contract be in full force and effect under the terms and conditions specified therein, with on original copy of this agreement to be on file with the Town Clerk of the Town of Queensbury. Duly adopted this 17th day of December, 1990, by the following vote: 1 Ayes: Mr. Kurosoko, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO ACCEPT BID FOR TRANSPORTATION FOR THE ELDERLY RESOLUTION NO. 728, 1990, Introduced by Stephen Borgos who moved for its adoption, seconded by George Kurosaka. urchasing for the Town of Queensbury, Warren County, New York, WHEREAS, the Director of P duly advertised for bids for transportation for the elderly in the Town of Queensbury for the year 1991, and WHEREAS, Community Workshop, Inc., offered to provide transportation services for the elderly for the year 1991 for on amount of $12,398.00 , NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury, Warren County, New York, h', by awards the contract for transportation of the elderly for the Town of Queensbury for the yE 1991 to Community Workshop, Inc., for an amount of $12,398.00 Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mr. Borgos Noes: None Absent: None Abstain: Mrs. Monahan RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH GLENS FALLS SENIOR CITIZENS, INC. RESOLUTION NO. 727, 1990, Introduced by Mrs. Marilyn Potenzo, who moved its adoption, seconded by Mr. George Kurosoka: WHEREAS, the Town Board of the Town of Queensbury has deemed it appropriate and beneficial to the Town that social and recreational activities and programs be provided for senior citizens residing in the Town of Queensbury, and WHEREAS, the Town Board has determined that a contract should be entered into with thf Glens Falls Senior Citizens, Inc., to provide said recreational and social activities and proc and WHEREAS, a proposed contract between the Town of Queensbury and the Glens Falls Senior Citizens, In., for the 1991 calendar year,hos been prepared, a copy of which is annexed hereto, and the form thereof has been approved by Paul B. Dusek, Town Attorney for the Town of Queensbury, and WHEREAS, it would appear to be in the best interest of the Town of Queensbury that said contract be approved in its present form and that the programs and activities described therein be provided to senior citizens of the Town of Queensbury, and WHEREAS, this contract is permitted and authorized by Section 95A of the General Municipal Law of the State of New York, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Queensbury be and hereby is authorized on behalf of the Town of Queensbury to execute said agreement, and BE IT FURTHER, RESOLVED, that upon execution thereof by the Supervisor of the Town of Queensbury and the authorization officer of the Glens Falls Senior Citizens, Inc., said contract be in full f"" and effect under the terms and conditions specified therein, with on original copy of this to be on file with the Town Clerk of the Town of Queensbury. ----0-01 Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenzo, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None �Y- 1� RESOLUTION AUTHORIZING SUBSTITUTION OF SECURITY FOR COMPLETION OF ROAD RESOLUTION NO. 729, 1990, Introduced by George Kurosako who moved for its adoption, seconded by Marilyn Potenza. WHEREAS, the Town Board of the Town of Queensbury, during May of 1989, accepted for dedication, Progress Boulevard located in the Queensbury Economic Development Park, and WHEREAS, at the time the aforesaid road was accepted for dedication, a letter of credit and affidavit was provided to the Town Board of the Town of Queensbury in accordance with the terms and provisions of Article 7 of the Subdivision Regulations, wherein the developer agreed to complete surfacing of the roadway within two years after the base course hod been installed, and gave to the Town Board of the Town of Queensbury, as security, an irrevocable letter of credit in the sum of$25,000.00, and WHEREAS, the final surfacing of the aforesaid road has not, to date, been completed, and WHEREAS, Frederick Champagne, President of the Queenbury Economic Development Corporation, has requested that the Town Board of the Town of Queensbury allow a substitution of cash for the irrevocable letter of credit on file as security for completion and of the aforesaid road, WHEREAS, Mr. Frederick Champagne, on behalf of the Queensbury Economic Development Corporation, has also requested that the Town Board of the Town of Queensbury grant a further extension of time in which to complete final surfacing of the aforesaid rood, NOW, THEREFORE BE IT RESOL VED, that the Town Board of the Town of Queensbury hereby accepts._the sum of$25,000.00 in cash, as substitution for the irrevocable letter of credit on file with the Town of and hereby authorizes the Town Clerk, upon receipt of a check in the amount of$25,000.00,ury, to release the irrevocable letter of credit to the Queensbury Economic Development Corporation or the Norstor Bonk, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury, or the Town Supervisor, shall arrange for the deposit of the aforesaid$15,000.00, in an interest bearing account, which funds shall remain in the possession of the Town of Queensbury until such time as the aforesaid road, Progress Boulevard, is completed with a final blacktop surface, and BE IT FURTHER RESOL VED, that in the event that the aforesaid rood, Progress Boulevard, has not been fully completed and surfaced by November 15, 1992 the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to make arrangements with the Town Highway Superintendent, for the completion of said road, and to use the funds on deposit to pay for completion of the same, and BE IT FURTHER RESOL VED, that in the event that the road is completed by the Queensbury Economic Development Corporation by the aforementioned date and to the satisfaction of the Town Highway Superintendent, the sum of$25,000.00, together with any accured interest, shall be returned to the Queensbury Economic Development Corporation, upon receipt of a certification that the rood is complete, and a letter from the Town Highway Superintendent stating that the same is svtisfactorily complete. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None 1 RESOLUTION AUTHORIZING TOWN SUPERVISOR TO EXECUTE AMENDED AGREEMENT ENTITLED, "QUEENSBURY CONSOLIDATED WATER DISTRICT AGREEMENT" RESOLUTION NO: 730, 1990, Introduced by Mrs.'Morilyn Potenza who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, pursuant to Resolution No. 675, 1990, the Town Board of the Town of Queensbury approved on Agreement for the sole of water to the Town of Kingsbury, and WHEREAS, after said Agreement was approved, the some was presented to the Town of Kingsbury, and the Town Board of the Town of Kingsbury approved and some but proposed a change to said Agreement in paragraph 3 of the Agreement, a copy of such amended Agreement being presented at this meeting, and WHEREAS, a review of the amendment' to the Agreement discloses that the some is fair and equitable in al/ respects, NOW, THEREFORE BE IT 1 RESOLVED, that the Town Board of the Town of Queensbury, acting for and on behalf of the Queensbury Consolidated Water District, approves on behalf of the District, the proposed Agreement, as amended, and BE IT FURTHER RESOLVED, that the Town Supervisor of the Town of Queensbury is authorized and directed on behalf of the Queensbury Consolidated Water District, to execute and/or initial said amended agreement as may be necessary, and that the water district be bound by the terms and conditions of the agreement upon the execution thereof by the Town Supervisor. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosako, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None COMMUNICATIONS BID - HIGHWAY DEPARTMENT - OFFICE FURNITURE (Bids to be found on file in Town Clerk's Office) RESOLUTION TO ACCEPT BID RESOLUTION NO. 731, 1990, Introduced by Marilyn Potenza who moved for its adoption, seconded by George Kurosoka. RESOLVED, thot the Town Board of the Town of Queensbury hereby accepts as per proposed by the Queensbury Highway Superintendent the bid of Mico Office Products, in the amount of$21,722.36 as being the lowest complete bid as submitted, to be paid from the Highway Office Equipment Account. Duly adopted this 17th day of December, 1990, by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 732, 1990, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED, that Audit of Bills as appears on Abstract doted December 17, 1990 and numbered 90-6111 through 90-6399 and #90-6162 is voided and totaling $158,308.99 is hereby approved. Duly adopted this 17th day of December, 199p by the following vote: Ayes: Mr. Kurosoka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None On motion the meeting was adjourned. Respectfully submitted, Miss Dorleen M. Dougher Town Clerk-Queensbury