1998-06-25
SPECIAL TOWN BOARD MEETING
JUNE 25, 1998
3 :00 p.m.
MTG. #30
RES. 250-251
TOWN BOARD MEMBERS
SUPERVISOR FRED CHAMPAGNE
COUNCILMAN RICHARD MERRILL
COUNCILMAN THEODORE TURNER
COUNCILMAN DOUGLAS IRISH
COUNCILMAN PLINEY TUCKER
SUPERVISOR CHAMPAGNE-Opened the Meeting
2.1 THE EDDY GROUP
Re: Tax Exempt Status under Section 428
Town Counsel Hafner-The question, does this meet an exclusive charitable use tests, where the property
will be used exclusively for charitable purposes?
Assessor Mrs. Otte-My conclusion is that they do not meet the property use requirements of exclusive use
for charitable purposes,
TOWN COUNSEL HAFNER-Reviewed for the Board their options, ...suggested a resolution of the board
to deny exemption because it does not meet the required exclusive charitable use test and then Mrs. Otte
and I will prepare a response to them detailing why we think that they do not qualify, we can tell them we
would be glad to work with them in other ways. . .
Board agreed.
2.2 ATTORNEY FOR CRACKER BARRELL
(Awaiting for Attorney)
SUPERVISOR CHAMPAGNE-Hudson River Park RFP's are out there to three different contractors they
are due July 2nd. Hopefully the first part of August the project will be underway and by mid August
completed.
3.3 MOREAU WATER
TOWN COUNSEL HAFNER-Reviewed the contract...page 3 leave the figure of fifteen million
page 5 two twenty thirds, leave... paragraph C changed one of the letters to 8B should be 8C. . River
Crossing-page 7 - Queensbury's sole cost shall make the necessary extension to provide a water
transmission pipe line at the connecting point on the Queensbury side of the Hudson River Bank... this says
that we will make the extensions to get the water there to go across the river. . . next change they are going
to own the river crossing and we are not to put taxes on it. . . page 9 they want us to guarantee the flow
capacity and not just based on the engineer statements and they increased it from a million five which is
what the engineer said to two million, recommended that, that not be accepted. . . board agreed to return to
original language . . . page 12 they are going to pay us five hundred and thirty thousand at the time the
contingency in cash half in cash up front and the other half over a period of twenty years, The Town
agrees. . . Page 13... noted he felt the language is not clear enough, it looks like the way it is worded that
they might not pay us part of the first payment and not part of the twentieth payment, that part we cannot
accept, we have got to be paid the full amount. . . that will be have to be clarified. . . River Crossing payment,
the contract should say that we will pay that portion and they will pay us back the following
amounts. . . .Rick McCarthy suggested that there should be language saying that we have the right to use
alternative more efficient financing methods, he thinks the Town of Moreau could finance it directly with
EFC at a better deal for them and then we would be out of the loop. . . if we stay with them borrowing from
us Henry requested a higher percentage. . . suggested floating rate in line with investments. . . suggested to set
the interest rate at our current rate and give them a five year balloon. .then re-negotiate or have the balloon
expire. . . board agreed to do a balloon. . . page 14 B 1 five cents per thousand was eliminated, board noted
the amount should be consistent with what we do with Hudson Falls... we are going to clarify average total
water production..page 16 they added a sentence that our fund balance has to be applied in its entirety the
following year.. . how we handle our funds is our business.. . page 21 re-financing that is irrelevant to them
suggested that be deleted... page 26 assignable: we said that they cannot assign the agreement, they
changed it to say that they would be allowed to sell water to municipalities or users outside the Town of
Moreau.. . that is a no...
Requested another workshop on Moreau and Hudson Falls water contract.. . tentative Thursday at 4:00P.M.
2.2 ATTORNEY FOR CRACKER BARRELL
TOWN COUNSEL SCHACHNER-The applicant has requested that my firm and I be disqualified from
representing the town in this application because five years ago my firm and I represented the neighbors
who were opposed to the Red Lobster, in the interim there has been another proposal for the rezoning,
about two years ago when my firm and I represented the Town and no one had a problem with the same
applicant, same counsel, same everybody else. The former town board when this issue was brought up we
said we do not see a problem here but they do have a potential claim out there, the former Town Board
said lets not open that up to them lets seek special counsel which we can do, you have not dealt with that as
a group as an issue, the time for that is now. The applicants Attorney John Lemery stated to me that he
has no problem with me, the problem is Charles Woods and Josie Beckos because, they do not want me to
participate.. . Four options: 1. Stay as council, we do not believe there is a conflict. 2. Use the firm but
use Attorney Friedland 3. The town believes that our counsel is qualified and eligible but if their request is
for the town to use special counsel then the Town is willing to use special council if they are willing to
reimburse the Town for the extra expenses 4. Obtain special council at the Town's expense.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 250.98
INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION
SECONDED BY: MR. RICHARD MERRILL
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session under
Attorney Client Privilege.
Duly adopted this 25th day of June, 1998 by the following vote:
AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT: None
(Councilman Merrill left the meeting at 5: 15.M.)
RESOLUTION ADJOURNING MEETING
RESOLUTION NO. 251.98
INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Meeting.
Duly adopted this 25th day of June, 1998 by the following vote:
AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT: Mr. Merrill
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury