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1988-05-16 SP2 SPECIAL TOWN BOARD MEETING MAY 16, 1988 4:09 P.M. TOWN BOARD MEMBERS Mr. Stephen Borgos-Supervisor Mr. George Kurosaka-Councilman Mrs. Marilyn Potenza-Councilman Mr. Ronald Montesi-Councilman Mrs. Betty Monahan-Councilman Mr. Wilson Mathias-Town Counsel Mr. Paul Dusek-Town Counsel Supervisor Borgos-We are holding a Special Town Board Meeting for the purpose of adopting the Draft Environmental Impact Statement in considering it complete in accordance with SEQRA Regulations and this is related to the Rezoning of the Town. This project has been going on for more than a year, we have just one step to go and that is the public comment period and the public hearing that will be held in June. For the first time the public will be able to see what the Town Board's recommendation is for the rezoning. It is not final, this is the Town Board's recommendation based to a large extent to what the citizens advisory committee recommended. We have worked long and hard on this document, the Citizens Committee has to be commended for all the hours that they have put in, we are also pleased with the work the consultant Fred Holman from Rochester. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 203, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that Audit of Bills as listed on May Abstract and numbered 1071 and 1132 and totaling $22,299.50 be and hereby is approved. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None SUPERVISOR BORGOS: Introduced the new Town Attorney Mr. Paul Dusek. RESOLUTION CERTIFYING COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR TOWN ZONING AND SUBDIVISION REGULATIONS RESOLUTION NO. 204, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Marilyn Potenza: WHEREAS, the Town of Queensbury, has the authority under Town Law and the Municipal Home Rule Law to adopt zoning Laws and subdivision regulation and, WHEREAS, the Town Board of the Town of Queensbury has been designated lead agency for the purposes of compliance with S.E.Q.R.A., and WHEREAS, by Resolution No.55 of 1988, the Town Board of the Town of Queensbury determined the necessity for preparing an Environmental Impact Statement in connection with the proposed action, and WHEREAS, Lee York, Senior Planner, for the Town of Queensbury prepared a draft environmental impact statement,and, WHEREAS, the Town Board has reviewed the documents and materials submitted by the Senior Planner, and WHEREAS, the Town Board of the Town of Queensbury recognizes the need to make diligent progress in the review process for the proposed rezoning and revised subdivision regulations, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury for the purposes of enacting revised zoning regulations and zone map changes and deems such changes complete for purposes of conducting a public hearing pursuant to Town Law and obtaining public comment on the changes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the submitted DEIS and finds that such DEIS is complete and adequate for the purpose of commencing public review and comment and BE IT FURTHER 1 RESOLVED, that a public hearing pursuant to New York State Law on the proposed changes in zoning regulations and mapping be set for June 6, 1988 at 7:OOP.M. at the Queensbury Elementary School, Aviation Rd., Queensbury, N.Y. 12801 BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury shall allow public comments on the DEIS until 5:00 P.M. June 16, 1988, and BE IT FURTHER, RESOLVED, that copies of the DEIS may be reviewed at the Queensbury Town Hall, Bay and Haviland Roads, Queensbury, New York during business hours, and BE IT FURTHER RESOLVED, that a Notice of Public Hearing pursuant to State Law a Notice of Completion and Public Hearing for the DEIS be prepared and published in the Glens Falls Post Star and in accordance with the Rules and Regulations for S.E.Q.R.A. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None Councilman Monahan-Requested that these documents be placed in public spots where people can look at it. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION 205, Introduced by Mrs. Marilyn Potenza who moved for its adoption seconded by Mr. George Kurosaka: RESOLVED, that the Town Board hereby moves into executive session to discuss proposed construction litigation. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr.Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None (Adjourned into Executive session) RESOLUTION TO COME BACK INTO SESSION RESOLUTION NO. 206, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board hereby moves back into regular session. Duly adopted by the following vote Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Z134 Noes: None Absent: None Supervisor Borgos-We are now back into general session and in executive session we have discussed problem areas in the construction of the Town Office Addition and Activity Center. Regarding the Architectural Firm of Saratoga Associates we have received by memorandum and telephone notification that they no longer wish to preform profession services. The Town Board has determined that they wish to continue construction without an architect, and at this time they wish by resolution to name Mr. Peter Brault and myself to oversee the project, review construction and approve vouchers for payment. The Town Board also wishes to engage a Special Counsel for possible construction litigation, Mr. Patrick J. Tomaselli of Troy, New York a mechanical engineer and lawyer specializing in Construction Law and by resolution tonight we will enter into a contract with Mr. Tomaselli. RESOLUTION NAMING OVERSEERS RESOLUTION NO. 207, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Marilyn Potenza: WHEREAS, the firm of Saratoga Associates was engaged by the Town of Queensbury to oversee the construction of the Town Office Addition and Queensbury Center, and WHEREAS, Saratoga Associates has notified the Town of Queensbury that they no longer wish to provide professional services on this project NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. A. Peter Brault and Supervisor Stephen Borgos to review the construction of the said projects and upon acceptance approve vouchers for the construction of the Queensbury Town Office Building Addition and Queensbury Center. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potneza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None RESOLUTION TO RETAIN COUNSEL a9y ��tr RESOLUTION NO. 208, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Ronald Montesi: WHEREAS, the Town Board is concerned with the prospect of litigation in regard to the construction of the Town Office Building and the construction of the Queensbury Center and WHEREAS, the Town Board feels that it should seek professional counsel who has expertise in construction law NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby retains Mr. Patrick J. Tomaselli of Troy, New York a Counsel who specializes in construction law and be it further RESOLVED, that the fee charged for such services will not exceed Ninety-five Dollars ($95.00) per hour and not exceed Two Thousand Dollars ($2,000.00). Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos Noes: None Absent: None