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1996-09-25 SPECIAL TOWN BOARD MEETING SEPTEMBER 25, 1996 5:45 P.M. MTG #40 RES #391A-392 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER TOWN COUNSEL MARK SCHACHNER Supervisor Champagne called meeting to order. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 391A, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED BY ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby enters into Executive Session to discuss potential litigation. Duly adopted this 25th day of September, 1996, by the following vote: Ayes: Mrs. Monahan, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:Mr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 39IB, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters into Regular Session. Duly adopted this 25th day of September, 1996, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:Mr. Turner DISCUSSION HELD Discussion held regarding Hiland Park property. The board discussed the possibility of litigation involving the Hiland Park Project, is inclined not to pursue such litigation, but the board is prepared to discuss possible settlement of claims regarding the Hiland Park property. Supervisor Champagne noted Evergreen Bank is interested in having an agreement signed based on the $75,000 offer that was made earlier. For them to maintain and continue ownership of 280,000 gallons of capacity there are some things that need to be addressed. Supervisor Champagne noted it is $75,000 to the Town and $50,000 to the City to buy in. Asked Evergreen to consider the Adirondack Community College 30,000 gallon capacity that they require. There has been some discussions relative to that and it would appear that they are willing to consider ACC's 30,000 gallons access into the Hiland Park Pump Station providing that the November 30th, 1996 date is met. Councilman Monahan noted she does not like the wording in Number 3, questioned why the Town is in that sentence. Supervisor Champagne noted if ACC doesn't pay the Town, the Town doesn't pay the City then it reverts back the thirty to Hiland. Town Counsel, Mr. Schachner in the proposed resolution you could take and the Town and/or out. It should say, The 50,000 buy-in payment to the City of Glens Falls Sewage Treatment Plant shall be apportioned, would change among to between, it would read Evergreen and ACC. Evergreen shall pay the sum of $20,000 of the buy-in payment and ACC shall be responsible for the remaining $30,000 to cover the 30,000 gallon capacity reserved for ACC. Councilman Monahan noted she would like to see a clause that says, in order for this Agreement to be binding the Town of Queensbury will receive the $75,000 by November 30th, 1996. Town Counsel, Mr. Schachner noted to add another paragraph titled paragraph 6. To read, Contingencies in the Agreement shall be fulfilled and payment by the Bank to the Town shall be made by no later than November 30th, 1996 or the Agreement shall be deemed null and void. The following resolution was passed. RESOLUTION AUTHORIZING SETTLEMENT BETWEEN EVERGREEN BANK, N.A. AND THE TOWN OF QUEENSBURY CONCERNING THE HILAND PARK PUD AND SEWER DISTRICT RESOLUTION NO.: 392,96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury and Hiland Park Limited Partnership previously reached agreements dated July 1, 1987 and September 23, 1991 whereby the Town agreed to obtain additional wastewater capacity from the Glens Falls Sewage Treatment Plant and to increase the size of the Meadowbrook Pump Station in order to provide Hiland Park with a maximum sewer capacity of 280,000 gallons per day and Hiland Park agreed to pay certain sums of money to the Town, and WHEREAS, the Town of Queensbury made certain improvements to the Central Queensbury Quaker Road Sewer District to benefit the Hiland Park Sewer District, upgraded and improved the Meadowbrook Pumping Station, and incurred costs associated with the upgrade of the sewer line between Meadowbrook and Cronin Roads, and WHEREAS, on August 12, 1992, the Hiland Park Limited Partnership declared bankruptcy pursuant to Chapter 11 of the United States Bankruptcy Code, and WHEREAS, by virtue of the mortgage foreclosure proceeding, Evergreen Bank, N.A. is the present owner of the property known and described as Hiland Park, and WHEREAS, the Town of Queensbury, on the basis of the agreements dated July 1, 1987 and September 23, 1991 contends that it is owed certain sums for obtaining additional wastewater capacity (280,000 gallons) from the Glens Falls Sewage Treatment Plant, increasing the capacity of the Meadowbrook Pumping Station, and making improvements in the Central Queensbury Quaker Road Sewer District to accommodate the Hiland Park Sewer District, and WHEREAS, Evergreen Bank, N.A., contends that it is not obligated to the Town for Hiland's debts, and WHEREAS, Evergreen Bank, N.A., desires to retain certain sewer capacity in the Hiland Park Sewer District as originally approved by the Town of Queensbury, and WHEREAS, the Town of Queensbury and Evergreen Bank, N.A., have negotiated in an attempt to resolve all of the aforedescribed claims and pending issues concerning the Hiland Park Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after due consideration, determines that it is in the best interest of the Town of Queensbury to resolve all of the aforedescribed claims and pending issues concerning the Hiland Park Sewer District and hereby authorizes settlement of the matter as follows: 1. Evergreen Bank and/or its successor(s) in interest shall be entitled to up to 250,000 gallons of the 280,000 gallon sewage capacity referenced above. Adirondack Community College (ACC) shall be entitled to utilize the remaining 30,000 gallons of sewage capacity. 2. Evergreen Bank shall pay the sum of $75,000 to the Town for infrastructure construction already completed and in full settlement of any outstanding claims. 3. The $50,000 buy-in payment to the City of Glens Falls Sewage Treatment Plant shall be apportioned between Evergreen and ACC. Evergreen shall pay the sum of $20,000 of the buy-in payment and ACC shall be responsible for the remaining $30,000 to cover the 30,000 gallon capacity reserved for ACC. 4. In the event that ACC is unwilling or unable to utilize the 30,000 gallon capacity and/or make the $30,000 buy-in payment by November 30, 1996, then the 30,000 gallon capacity will be added back to the Hiland Park property owned by Evergreen or its successor(s). In such event, Evergreen shall be responsible for the entire $50,000 buy-in payment to the City of Glens Falls Sewage Treatment Plant. 5. In the event that actual sewage flow from the Hiland Park Sewer Facility reaches the amount of 180,000 gallons per day, the Town will increase the capacity of the sewer system from 280,000 gallons per day to 310,000 gallons per day within six (6) months thereafter. The Town will have to increase this capacity only if ACC has utilized the 30,000 gallons per day capacity referenced above; otherwise, the Town is under no obligation to increase capacity even if actual flows reach 180,000 gallons per day. 6. Contingencies in the Agreement shall be fulfilled and payment by the Bank to the Town shall be made by no later than November 30, 1996 or the Agreement shall be deemed null and void. and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute and place the Town seal on any agreements, affidavits, releases, stipulations, or other documents and papers that may be necessary to effectuate the agreement between the Town and Evergreen Bank, N.A., including authority to negotiate such contingency periods as he deems appropriate, said documents to be in form approved by Town Counsel. Duly adopted this 25th day of September, 1996 by the following vote: AYES: Mrs. Monahan, Mrs. Pulver, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:Mr. Turner Town Board met with Bay Ridge Fire Company and West Glens Falls Fire Company regarding 1997 Budgets. No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury