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1994-04-18 REGULAR TOWN BOARD MEETING APRIL 18,1994 7:00 P.M. MTG#19 RES#189-21O LL#4 BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman George Wiswall Councilman Nick Caimano BOARD MEMBERS ABSENT Councilman Carol Pulver TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS Barbara Howe, Kim Hewlett, Jim Martin, Jim Coughlin, Paul Naylor PRESS Post Star PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE Supervisor Champagne-Opened meeting. PUBLIC HEARING - LOCAL LAW REGULATING PARKING RICHARDSON STREET OPENED NOTICE SHOWN Supervisor Champagne-Anyone here to speak for or against parking on Richardson Street? For those of you that do line dancing at the VFW Hall on Thursday nights and I happen to be one of those, it's a busy street on a Thursday night and I can appreciate the law. Anyone care to speak for or against? Paul Naylor, Highway Superintendent-I'm for it. Supervisor Champagne-You want to join us right up here. Paul Naylor, Highway Superintendent-There is not much snow out there tonight, but usually around the winter time it's kind of tough getting through there with a snowplow. We've had some close ones so, I think it's the safest thing to do is have parking on only one side of the street. Supervisor Champagne-I'll add to that. I did get a memo from the Sheriffs Office Friday indicating they, too are very supportive of this. They have been called there on some occasions especially when there were emergency and the fire trucks could not get out. PUBLIC HEARING CLOSED RESOLUTION TO ENACT LOCAL LAW NUMBER 4, 1994 A LOCAL LAW REGULATING PARKING ON RICHARDSON STREET IN THE TOWN OF QUEENSBURY RESOLUTION NO. 189, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a local law regulating parking on Richardson Street in the Town of Queensbury, which Local Law would generally provide for the regulating of parking on the east side of Richardson Street, lying and existing between the Intersection of Richardson Street and Luzerne Road and the Intersection of Richardson Street and Main Street (County Route 28) in the Town of Queensbury, and WHEREAS, a copy of the proposed local law entitled "A Local Law Regulating Parking on Richardson Street in the Town of Queensbury", has been presented at this meeting, a copy of said local law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on April 18, 1994, a public hearing with regard to this local law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the adoption of this Local Law is a Type II action under the terms and provisions of the regulations adopted by the Department of Environmental Conservation in accordance with the State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law, entitled "A Local Law Regulating Parking on Richardson Street in the Town of Queensbury", which Local Law would generally provide for the regulating of parking on the east side of Richardson Street, lying and existing between the Intersection of Richardson Street and Luzerne Road and the Intersection of Richardson Street and Main Street (County Route 28) in the Town of Queensbury, which Local Law shall be known as Local Law No.4, 1994, the same to be titled and contain such provisions as are set forth in the copy of the proposed local law presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver LOCAL LAW NO.: 4,1994 A LOCAL LAW REGULATING PARKING ON RICHARDSON STREET IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on the east side of Richardson Street, from the intersection of Richardson Street and Luzerne Road to the intersection of Richardson Street and Main Street (County Route 28), in the Town of Queensbury. 2. Definitions: Curbline: The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the pavement of the roadway. The "side of' a road shall mean that area of the road or road right-of-way which adjoins that portion of the road which is currently used for vehicular travel. For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the same meaning as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on the East Side of Richardson Street in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no persons shall park a motor vehicle or other vehicle for any period of time on the east side of or in the right -of-way of the east side of Richardson Street in the Town of Queensbury, County of Warren, State of New York, lying and existing between the intersection of Richardson Street and Luzerne Road and the intersection of said Richardson Street and Main Street (County Route 28). 4. Penalty: Any person violating any provision or paragraph of Section 3 of this Local Law, shall, upon conviction, be punishable for a first offense by a fine not to exceed $25.00, and for a second offense by a fine not to exceed $50.00. In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit, or proceeding, to prevent, restrain, correct, or abate any violation of this Local Law. 5. This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. RESOLUTIONS RESOLUTION APPROVING MINUTES RESOLUTION NO. 190,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby approves the minutes of March 21st, and 28th, 1994. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None Absent:Mrs. Pulver RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF CONTRACT OF SALE BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 191,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury is currently the owner of a certain parcel of land, approximately 34 acres in size, bearing Tax Map No. 146-1-6, and more specifically described in a deed from Helen M. Merritt and G. Robert Merritt to the Town of Queensbury, dated July 28, 1968, and recorded at Liber 513, Page 226, and WHEREAS, the Town Board of the Town of Queensbury previously expressed its interest and desire to arrange for the sale of the aforesaid property with a grant of right -of-way to the Queensbury Economic Development Corporation at an amount equal to its appraised value of $90,000.00, and WHEREAS, the Town Board of the Town of Queensbury, as required by Section 1411 of the Not- for-Profit Corporation Law, held a public hearing on the 21st day of March, 1994 concerning said sale and thereafter determined that it would be appropriate to sell the property to the Queensbury Economic Development Corporation, subject to approval by the Town Board of a Contract of Sale, and WHEREAS, a Contract of Sale providing for the sale of the property described in the preambles of this resolution to the Queensbury Economic Development Corporation has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Contract of Sale between the Town of Queensbury and the Queensbury Economic Development Corporation, providing for the sale of the real estate described in the preambles of this resolution, and subject to condition that an adequate description of the parcel to be retained by the Town is set forth in Schedule B, and the Town Attorney and Town Supervisor are authorized to amend said Schedule B as necessary to accomplish the purposes of this resolution, BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the Contract on behalf of the Town and take such other and further steps as may be necessary to complete the transaction and arrange for the conveyance of the property to the Queensbury Economic Development Corporation in accordance with and so long as all of the conditions of the Contract are satisfied, and the Town Supervisor is hereby also authorized and ordered to complete and affix the seal of the Town of Queensbury to any other documents that may be necessary to complete the transaction, including, but not limited to the Deed, Real Property Transfer Report and Capital Gains Affidavit. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver DISCUSSION HELD BEFORE VOTE Attorney Dusek -Noted there is a fifty foot right -a-way off of Carey Road this would be another fifty foot right-a-way. Pliney Tucker-Questioned if this involves thirty acres? Supervisor Champagne-The sale of property is thirty four. Mr. Tucker-Questioned if the only business that is going on the thirty four acres is Native Textiles? Attorney Dusek-Noted from what he has heard this may not necessarily be the case. QEDC will own it, approximately ten acres is what is needed for the business and fourteen acres will be left over which maybe they could do something maybe not, noted there is a gully in there that has to be dealt with. Executive Director, Jim Martin-Noted the gully renders approximately ten acres useless. The fourteen acre piece proposed for Native Textile which would give about eight acres or so left over on the far side of the gully that could be potentially useful. Mr. Tucker-Questioned is the Town selling this for ninety thousand and QEDC is selling for one hundred fifty thousand? Attorney Dusek-Noted it is his understanding, but over a course of a twenty year period. Mr. Tucker-Questioned if they will getting paid interest on their money. Attorney Dusek-They have some interest arrangements doesn't know exact amount. Councilman Caimano-Noted the Towns money they get up front. Mr. Tucker-Questioned if the hundred and fifty is based on the twenty year period? Supervisor Champagne-Noted it was twenty. Mr. Tucker-Questioned if under the law surplus property do you get market value or appraised value? Attorney Dusek-Noted that market and appraised value should be the same. Mr. Tucker-Questioned what the law says. Attorney Dusek-Noted this particular law that they are operating under allows the Board a great deal of flexibility under the Not-For-Profit Corporation Law. Recommended to the Board to get what the real value of the property is. The Board had it appraised by who we believe to be a responsible appraiser who after studying the values came up with a value. His goal was to come up with a value what a willing seller, buyer would pay on the open market. Mr. Tucker-Questioned if the deal with Columbia Development only involves fourteen acres? Councilman Caimano-Involves the whole thirty four acres. Attorney Dusek-Thinks they only need about ten. Mr. Tucker-Questioned if there is a possibility that more businesses might go in there? Supervisor Champagne-Yes. Mr. Tucker-Questioned if any other businesses go in on this property will each one be handled as an individual unit, example tax break? Councilman Caimano- The only tax break will be the tax break that comes up now. Attorney Dusek-The Pilot agreements that your referring to are geared to the individual businesses. In order for another tax break to be given to another business there would be whole other separate proceeding for that. Sterling Akins-Corinth Road. Questioned if the thirty four acres any portion of it goes to the river? Attorney Dusek-Noted that it has been checked out. Noted he checked the deed and Leon Steves checked the surveys. It was surveyed back in the 1960's the parcel the Town is selling does not go back to the river. John Salvador-Questioned how many acres the Town is conveying? Supervisor Champagne-Thirty four. Mr. Salvador-Questioned how many acres QEDC is conveying? Attorney Dusek-Thirty four. Mr. Salvador-Concerned no one has control over what's done with the rest of the acreage after this is conveyed. Executive Director, Mr. Martin-Noted it would require site plan review. Councilman Caimano-Noted if this deal doesn't go through neither does the contract for Native Textiles. RESOLUTION TO SET PUBLIC HEARING ON PROPOSED LOCAL LAW DESIGNATING DUNHAM'S BAY ROAD IN THE TOWN OF QUEENSBURY FOR ONE-WAY TRAFFIC RESOLUTION NO.: 192,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a Local Law which would provide for the designating of one-way traffic on Dunham's Bay Road, in the Town of Queensbury, and WHEREAS, such legislation is authorized pursuant to the Town Law, Vehicle and Traffic Law, and the Municipal Home Rule Law of the State of New York, and WHEREAS, before the Town Board may take action with regard to the proposed Local Law, it is necessary to conduct a public hearing on said proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the proposed action is determined to be a Type II Action under the rules and regulations of the New York State Department of Environmental Conservation relative to SEQRA, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York at 7:00 p.m., on the 2nd day of May, 1994, to consider said proposed Local Law and to hear all persons interested on the subject matter thereof concerning the same and to take such action thereon as is required or authorized by law, 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 Law in the manner provided by law. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION DESIGNATING TOWN OF QUEENSBURY POLLING PLACES RESOLUTION NO.: 193,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, pursuant to Article 4-104 of the New York State Election Law, the Town Board of the Town of Queensbury must submit to the Warren County Board of Elections a listing of the polling places in the Town of Queensbury in each Election District in which elections and registrations may be held, NOW, THEREFORE, BE IT RESOLVED, that the following locations be and hereby are designated as the respective polling places in the districts as enumerated: WARD/ED. LOCATION 1/1 1/2 1/3 North Qsby. Rescue Bldg. Bay Ridge Firehouse Bay Ridge Firehouse 1/4 Warren County Center 2/1 2/2 2/3 2/4 2/5 South Qsby. Firehouse Qsby. Activity Center Qsby. Central Firehouse Qsby. Activity Center Roberts Gardens Rec Room (Not Accessible) 3/1 3/2 3/3 3/4 Qsby. Central Firehouse Qsby. Senior High Queensbury School Kensington Road School 4/1 4/2 4/3 4/4 4/5 4/6 W.G.F. Firehouse (VanDusen/Luzerne) W.G.F. Firehouse (VanDusen/Luzerne) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (Luzerne Road) W.G.F. Firehouse (VanDusen/Luzerne) and that such locations are accessible to the Physically Handicapped, pursuant to Article 4-104-1-a of the Election Law unless otherwise noted, and BE IT FURTHER, RESOLVED, that a copy of this resolution be forwarded to the Warren County Board of Elections. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION AUTHORIZING INTERFUND ADVANCES RESOLUTION NO.: 194,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, pursuant to Section 9-A of the General Municipal Law of the State of New York, the Town Board of the Town of Queensbury is authorized to temporarily advance moneys held in any fund to any other fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the temporary advance of funds to the accounts or funds indicated, and in the amounts indicated, as set forth below: FROM: TO: $ AMOUNT 40 - Queensbury Water 910 - Joint Landfill Fund $77,000.00 Fund and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, is hereby authorized and directed to arrange for and accomplish the above-authorized transfers, and temporary advances, and BE IT FURTHER, RESOLVED, that the Town Supervisor, as Chief Fiscal Officer, shall keep suitable records and arrange for the repayment of the temporary advances as soon as available, and in the case of loans from funds generated from differing tax bases, the Town Supervisor shall also determine the amount of interest, if any, to be paid, upon repayment, with the amount of interest to be equal to the amount that would have been earned on the investment of moneys in the Fund making the advance, had the advance not been made. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver Councilman Caimano-Noted that a resolution was passed this year requiring that this has to be paid back in a timely manner. RESOLUTION TO AMEND 1994 BUDGET RESOLUTION NO.: 195,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, certain departments have requested transfers of funds for the 1994 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1994 budget: ACCOUNTING: FROM: TO: AMOUNT: 0001-1490-1485 (Town Engineer) 001-1440-4400 (Misc. Contractual) 2,350.00 ASSESSMENT: FROM: TO: AMOUNT: 01-1355-4400 (Misc. Contractual) 01-1355-4140 (Travel) 300.00 HIGHWAY GARAGE: FROM: TO: AMOUNT: 1-1990-4400 (Contingency) 1-5132-4400 (Highway Garage, Misc. Contractual) 6,000.00 and BE IT FURTHER, RESOLVED, that the 1994 Town Budget is hereby amended accordingly. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION TO APPOINT MEMBER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 196,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town of Queensbury has previously established the Board of Assessment Review, and WHEREAS, there is presently a vacancy on the Board of Assessment Review for the Town of Queensbury due to the resignation of Jane Carusone, and WHEREAS, the Town Board has the authority to fill the vacancy created by the resignation of Jane Carusone, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Judith R. Schultz to serve as a member of the Board of Assessment Review, said term to expire on September 30, 1994. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR INDUSTRIAL WHEEL BACKHOE LOADER - QUEENSBURY WATER DEPARTMENT RESOLUTION NO. 197,94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of purchasing one industrial wheel backhoe loader, for the Queensbury Water Treatment Plant, which loader is more specifically identified in the proposed bid specifications submitted at this meeting, and WHEREAS, pursuant to ~ 103 of the General Municipal Law, it is necessary to advertise for bids and award the said proposed contract to the lowest responsible bidder meeting New York State Statutory requirements, NOW, THEREFORE, BE IT RESOLVED, that an advertisement for bids for the said industrial wheel backhoe loader 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 April 29, 1994, 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-advertise for new bids as provided by the laws of the State of New York, and BE IT FURTHER, RESOLVED, that Miss Darleen M. 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., April 29, 1994, read the same aloud and make record of the same as is customarily done, and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION ESTABLISHING COMPENSATION FOR TOWN SUPERVISOR'S SECRETARY RESOLUTION NO.: 198,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Supervisor has advised that he has conducted interviews and is planning to designate Ms. Kimble Hewlett as the Town Supervisor's Secretary, and WHEREAS, the position of Town Supervisor's Secretary is a previously established position which is being vacated, and the Town Board of the Town of Queensbury is authorized to set reasonable compensation for services of the Town Supervisor's Secretary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby establishes the salary for the Town Supervisor's Secretary at $25,000.00 per year and hereby amends, as necessary, any previously established salary for that position. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver Supervisor Champagne-Introduced Miss Hewlett to the public. RESOLUTION AUTHORIZING RETENTION OF SERVICES OF MALCOLM PIRNIE, INC. RESOLUTION NO. 199,94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury is preparing to advertise for bids for construction services in connection with the closure of the Town of Queensbury Landfill, and WHEREAS, due to the complicated nature of the Landfill closure and the significant cost of the same, the Town Board desires to retain additional consulting engineers in connection with the project, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Malcolm Pirnie, Inc. for the purposes of providing consultation in connection with the Town's preparation for advertising for bids for the closing of the Landfill and other general consulting services, and BE IT FURTHER RESOLVED, that the cost of the services of Malcolm Pirnie, Inc. shall be paid for from the appropriate Landfill Fund Account. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION APPROVING A PAYMENT IN LIEU OF REAL PROPERTY TAX PROPOSAL FOR COLUMBIA DEVELOPMENT CORPORA TION/NA TIVE TEXTILES RESOLUTION NO. 200, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town of Queensbury has been notified that Columbia Development Corporation (the "Applicant"), has submitted an application for industrial development revenue financing to the Counties of Warren and Washington Industrial Development Agency (the "Agency") for the purpose of financing a project to be constructed on land currently owned by the Town of Queensbury and to be sold to the Queensbury Economic Development Corporation, said land being located off Corinth Road in the Town of Queensbury, and WHEREAS, said project shall consist of the construction and equipping of a manufacturing facility to house the manufacturing operations of Native Textiles, and WHEREAS, in connection with said financing, the Applicant has requested that the Agency enter into a payment in lieu of real property tax agreement to establish the payments in lieu of real property taxes in the amount set forth in the attached Schedule A, which is to be paid with respect to the property during the time in which the Agency is the owner of the project site, and WHEREAS, the Agency has requested of the Applicant that it seek and obtain the consent of the Town of Queensbury with respect to the payment in lieu of real property tax proposal, and WHEREAS, the proposal for payment in lieu of real property taxes, as understood by the Town Board, is as set forth on Schedule "A" attached to this resolution, and WHEREAS, the Town Board of the Town of Queensbury, has determined that the Queensbury Union Free School District is a taxing entity that will be effected by the payment in lieu of tax proposal, has consulted with the School District, and has been advised by the School District that the payment in lieu of tax proposal is acceptable, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the construction of the above project, as proposed, will benefit the residents of the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby approves the proposal for payments in lieu of real property taxes with respect to the Columbia Development Corporation/Native Textiles project as described in Schedule "A" attached hereto, subject to the conditions that (1) after the 10th year of the pilot, the subject property will be subject to full real estate taxation imposed by the various entities, and (2) that the pilot proposal set forth in Schedule A shall be conditioned upon the Agreement between the Warren/Washington County Industrial Development Agency and the Applicant/Owner that the Uniform Recapture of Benefits Policy will apply to the Applicant and the subject property in accordance with the terms and provisions set forth in the Policies and Procedures Manual of the Warren/Washington County IDA. Duly adopted this 18th day of April, 1994, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT:Mrs. Pulver SCHEDULE "A" PAYMENT IN LIEU OF REAL PROPERTY TAX PROPOSAL COLUMBIA DEVELOPMENT CORPORATION/NATIVE TEXTILES PROJECT CORINTH ROAD, QUEENSBURY, NEW YORK Upon transfer of the property to the IDA, annual payments in lieu of real estate taxes payable to the IDA for redistribution to the appropriate taxing entities in proportions equal to the proportioned relationship of each year's tax rates and subject to the following conditions, would be as follows: YEAR AMOUNT 1 $ 1,500 2 1,500 3 1,500 4 1,500 5 1,500 6 1,500 7 1,500 8 1,500 9 1,500 10* 1,500 * After the 10th year of the pilot, the subject real property will be subject to full real estate taxes imposed by the various taxing entities. The pilot proposal set forth above shall be conditioned upon the Agreement between the Warren/Washington County Industrial Development Agency and the Applicant/Owner that the Uniform Recapture of Benefits Policy will apply to the Applicant and subject property. DISCUSSION HELD Jim Coughlin-Landfill Superintendent-Spoke to the Board regarding the scrap metal bid. Requested that the Board pass a resolution accepting the bid, recommended going with Scrap Metal Unlimited the lowest bidder. The following resolution was passed. RESOLUTION ACCEPTING SCRAP METAL BID RESOLUTION NO. 201, 94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano Motion to accept the scrap metal bid from Scrap Metal Unlimited of New York Incorporated for $41.25 per ton. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Pulver DISCUSSION HELD Supervisor Champagne-Spoke to the Board regarding a request from Pete Brault, Building and Grounds Superintendent requesting the hiring of a part -time laid off worker for thirty days due to reasons of sick leave and vacation. After further discussion it was the decision of the Town Board to look into the possibility of having a worker from another department in the Town help out during this time. It was the Board decision to table this for one week. ATTORNEY MATTERS Attorney Dusek-Noted items for Executive Session litigation matter client\attorney privilege matters. Presented to the Board members a note and information from Lillian Adamson for Boards review. Presented a proposed agreement and resolution for the Boards review between the Town of Queensbury and City of Glens Falls which would provide the Town the sewage capacity for the sewer district extension the Town is going off of the Queensbury Technical Park the one that will service KMART. Noted there is an additional 8,500 per day and a extended boundary. Need to buy sewage treatment capacity at the City plant to service this, noting the agreement would allow for that. The $8,500 that the Town would owe the City under this agreement would be coming from the developer, noted he has the checks from the developer. Upon execution of agreement the Town would have to pay the City the money, next step would be to finalize district which is at the last phase. It was the decision of the Board to bring this back at the next meeting. DISCUSSION HELD Supervisor Champagne-Spoke to the Board regarding a workshop that is going to be held on May 24th, 1994 regarding the Cornell Program on Total Quality Management and Local Government. Noted if any Board member is interested in attending they should contact the Supervisor's Secretary. Discussion held regarding changing the time of the Town Boards Workshop Meetings. It was the decision of the Town Board to change the time to four o'clock instead of seven o'clock. The following resolution was passed. RESOLUTION AMENDING WORKSHOP MEETINGS RESOLUTION NO. 202, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby determines it appropriate and also establishes that every second and fourth Monday of the month which are currently workshop sessions shall begin at 4:00 p.m., as opposed to the original time of7:00 p.m., and the Town Supervisor is hereby authorized to notify the Town Clerk and make such arrangements to notify the press and give such other notices as may be appropriate so that the public is aware of the new time of meetings, and BE IT FURTHER RESOLVED, that any resolutions setting the time of the second and fourth meetings is hereby amended accordingly. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None AbsentMrs. Pulver COMMUNICATIONS Paul Naylor, Highway Superintendent-Spoke to the Board regarding the bid for a Screening Plant. Noted that the Highway Department bid for a new machine and the bid came out at $56,000. The Highway Committee suggested going out to bid for a used machine, noting the difference in bids of a savings of $23,000 by going for the used machine, noted it is a 1993 machine. Requested the Board pass a resolution accepting the bid for the used machine. Recommended accepting the bid of Contractor Sales the lowest bidder. The following resolution was passed. RESOLUTION ACCEPTING BID FOR SCREENING PLANT HIGHWAY DEPARTMENT RESOLUTION NO. 203, 1994 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of Contractor Sales for a used 1993 Screening Plant and shall be paid for from the appropriate account. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne Noes: None AbsentMrs. Pulver OPEN FORUM Helen Otte, Town Assessor-Stated they are at the beginning of a new assessment cycle with the tentative ninety-four assessment role to be published May 1st. Continuing to establish a equalization rate that will be favorable to Queensbury. Looking at the Lake George School District where some of the highest assessed values are in the Town of Queensbury, noting there are tremendous inequities that exists. This is a function of the New York State Equalization Rate. This is a continuing problem it makes a tremendous difference in the amount of full value that is attributed to each Town in the school district. Most things are based on the full value of a property rather than their assessed value. The full value is determined by the equalization rate. The higher the rate is the better the situation is for the Town of Queensbury in the Lake George School District. Tentative rate for Queensbury is one hundred fourteen, Lake George tentative rate ninety-nine, sees this as a fairly equitable distribution between the two Town's in the school district, noted both Town's have filed rate complaints. Ms. Otte has called New York State, noted the Board hasn't met and determined the final rate for either Town. Rules and Regulations of New York State Equalization and Assessment allow a Town to pursue a special segment rate which is an equalization rate that is established for a segment of a school district. Introduced Attorney Paul Goldman, from Albany who has done a lot of work on equalization rate cases. Attorney Paul Goldman-Spoke to the Board regarding equalization rates. Stated real property taxes are a portion based on a percentage of full value. The equalization rate process is designed to bring everyone up to a common standard and the portion based on a percentage of full value. The relationship between equalization rate and full value is that they are inverse. If the equalization rate goes up your full value goes down. If your equalization rate goes down your full value goes up. Believes the Town is proceeding in the right manner. Thinks the Town is in good shape because the Assessor has filed the equalization rate complaint. Depending on the competency of the complaint the Town should fair well especially with an adjoining Town being somewhat aggressive in the equalization rate process it is a very prudent course that you take, noted this is very important. Spoke to the Board regarding the process of filing a segment equalization rate, noted the request needs to be filed by June 1st, 1994. The applicable showing that has to be made in the papers is that the certification of the State equalization rate for the prior role would be inequitable. You have to present documentary evidence to justify the issuance of the State equalization rate. If the Town is serious about doing this you need to comment quickly either in the community preparing a sales study to show what the relative tax burden is verses homes that have sold. Ms. Otte-At the present time sees proceeding with a sales analysis such as Mr. Goldman is talking about. Gathering sales from Lake George and Queensbury on the lake and comparing those to the assessed values and looking at the tax levy paid by similar properties. Getting that information together than discussing it with Mr. Goldman to see what we're looking at in terms of results when this is filed, hopefully finalizing this in the next couple of weeks. Attorney Goldman-Stated in previous Town he worked for they organized a Committee to field check every parcel. Noted if the Town can get that kind of community effort thinks the Town will be successful. Ms. Otte-Noted that she had some assistance earlier in the year with the equalization complaint last Fall from individuals in the East Side Property Owners Association. Some of the citizens of property owners did come forward and help review the parcels that were chosen for the survey up on the lake. Believes they are also available to work with me in the next couple of weeks to put together this Sales Analysis Report. Councilman Monahan-Questioned if this would just be done on those parcels or would she go in the other areas of the Lake George School District that are within the Town? Ms. Otte-It would be throughout the school district. Councilman Monahan-Questioned if she would look at just sales? Ms. Otte-Correct. Gilbert Bohem-Queensbury. Questioned if the Assessor has control of the tax role until May 1st? Attorney Goldman-The role is not open until May 1st. Mr. Boehm-Questioned if the Assessor can legally herself reduce properties? Attorney Goldman-No, you would have to do a full reval. Charles Adamson-Queensbury. Questioned what will the Homeowners Association be looking for in helping to try to do this analysis? Attorney Goldman-Goal in the process is to show that the application of the State Equalization Rate is inequitable. You can obtain sales reports that pull up the assessment information. Mr. Adamson-Questioned if they are restricted to the properties the State has used? Attorney Goldman-No. Mr. Tucker-Questioned what the cost for this is? Councilman Caimano-Noted believes there is a good opportunity here. Karl Kroetz-Spoke to the Board regarding his concern for the need for this. Attorney Goldman-Noted that even if the Town gets their equalization rate to go up faster than Lake George through either the result of this Segment Application or Equalization Rate Complaint all your talking about is how you allocate and divide the levy. If the levy increases to everyone's tax rate you may not see much of a difference. Attorney Goldman spoke to the Board regarding the cost for his services to prepare this application. Supervisor Champagne-Questioned the changing of Lake George equalization rate in the last three years. Ms. Otte-Noted in 1991 it was 150, 1992 it was 124.5, 1993 it was 123.5, 1994 tentative rate is 99, noting that they are going the wrong way. Attorney Goldman-Noted the Assessor has done the right thing in filing the complaint. Mr. Tucker-Questioned if this would be a total Town charge or will it be a Town charge just to the people that benefit from it? Attorney Dusek-Noted this is not like a district expense it would be a general Town expense. After further discussion it was the decision of the Town Board to look at the scope of work. Identify with Ms. Otte what is going to be done. To bring this back for further discussion at next meeting and make a decision. Councilman Caimano-Questioned when they come back with scope of services would like to see a plan with the residents on who is going to work, how it's going to be done, etc. Lillian Adamson-Queensbury. Spoke to the Board explaining the details of the chart that she had submitted to Town Board members. John Salvador-Queensbury. Noted that Lake George is beginning to reduce significantly commercial property. Ms. Otte-Has looked at the final report that has been published in Lake George showing the increase in commercial properties. Noted there was about eight million dollars dropped from the assessment role last year which put them in good standing for last year. But, this year their equalization has gone from one twenty three to ninety nine because of that drop in assessment. Mr. Salvador-In North Queensbury they are paying with a lot of little parcels and the competition is playing with a few big parcels. Questioned the Board regarding an update on the fire companies not being exempt for taxes? Supervisor Champagne-Noted they are still working on this. Mr. Salvador-Questioned the Queensbury Town Board Management Council is this going to set in motion the law of the Department of Public Utilities? Councilman Caimano-Noted the law doesn't require it, it makes it possible. Supervisor Champagne-The Management Council has been tabled until the workshop of Monday at which time the Board will continue to discuss it. Mr. Salvador-Questioned if there will be an opportunity for public input? Supervisor Champagne-The Board is not going to act on this without bringing it up at a regular meeting at some point. Councilman Caimano-Noted the Board has been very open with public comment, but you have to put a stop to it at some point so you can get things done. Councilman Monahan-Looking at trying to work our way through this process, not making statements without backing it up. Mr. Boehm-Questioned what the procedure is to put in effect the fire district tax exemption? Supervisor Champagne-Have to find whether it is legal or not. Have to go through the legal division and State Comptroller Office to determine if this is a legal move. If it is then could take step two from that point. Has had communication from other Town's this is in the process. Pliney Tucker-Queensbury. Questioned in the agreement for Native Textiles in lieu of property taxes they guaranteed to hire one hundred people if they don't they lose their tax benefit? Attorney Dusek-There is a clause in the pilot which provides that the IDA Policy of Recapture losing the tax abetment will be followed. Exactly what triggers this off cannot say right at this time. The Town did condition this on the recapture policy. Noted he could give Mr. Tucker copy of policy. Mr. Tucker-Questioned if they will pay all special district taxes. Attorney Dusek-They would be paying all special district taxes. Mr. Tucker-Questioned if the Board was taking any steps regarding the litigation matter involving the construction of the Town Building? Attorney Dusek-Noted this matter is in litigation and is not able to make comment. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 204, 94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on April 18, 1994 numbering 94140900 through 94162200 and totaling $505,230.23 is hereby approved. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne Noes: None AbsentMrs. Pulver Abstain: Mrs. Monahan (#000215 Association of Towns, Mr. Caimano #000127 G.F. Post Star) RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 205, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss litigation, contractual obligation matters. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 206, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION AUTHORIZING STIPULATION OF SETTLEMENT RESOLUTION NO. 207, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has been presented with a Stipulation of Settlement in the matter of Town of Queensbury Central Queensbury Quaker Road Sewer District verses Maurice M. Yaffee, and WHEREAS, a copy of the Stipulation is presented here today, RESOLVED, the Town Board of the Town of Queensbury hereby approves the Stipulation with the one exception that the payment to Mr. Yaffey shall be the sum of $16,000.00 with no further interest added to that figure, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to execute the Stipulation and place the seal of the Town if necessary upon the same. Duly adopted this 18th day of April, 1994 by the following vote: Ayes: Mrs. Monahan, Mr. Caimano, Dr. Wiswall, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION AUTHORIZING ACTION TO BE COMMENCED AGAINST SOUTHWORTH MIL TON, INC. RESOLUTION NO. 208, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has considered the issue of certain interest paid on equipment purchase consisting of a wheel loader, RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the commencement of an action against Southworth Milton, Inc. for the recovery of interest paid on the equipment purchased consisting of a wheel loader during 1988. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION AUTHORIZING EXECUTION OF STIPULATION AND ORDER MODIFYING ORDER FIXING TIME FOR ASSUMPTION OF EXECUTORY CONTRACT RESOLUTION NO. 209, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, Hiland Park a New York Limited Partnership D/B/ AI Hiland Golf Club and the Town of Queensbury heretofore entered into a certain Executory Agreement dated September 23, 1991, which pursuant to the Order of the United Stated Bankruptcy Court for the northern district of New York of December 23, 1993 was deemed to be rejected effective April 29, 1994 unless prior to said date the Executory Contract was assumed, and WHEREAS, the Town of Queensbury is desirous of agreeing to an extension of time and entering into a Stipulation and Order Modifying the Courts prior Order Fixing the Time for Assumption of Executory Contract, NOW THEREFORE BE IT RESOLVED, that the Town of Queensbury hereby authorizes its Attorneys to stipulate and agree to a Stipulation Modifying the Order Fixing the Time for Assumption of the Executory Contract referred to in the preambles of this resolution on the following terms and conditions: 1) That an extension of time be given until May 30, 1994 and that if a contract is executed between the debtor and a potential buyer or investor in the property before May 30, 1994 a further extension of time will be agreed to of thirty days upon evidence of such contract. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Mrs. Monahan, Mr. Caimano, Dr. Wiswall, Mr. Champagne Noes: None AbsentMrs. Pulver RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 210, 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18th day of April, 1994, by the following vote: Ayes: Dr. Wiswall, Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None AbsentMrs. Pulver No further action was taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury