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1994-11-14 SPECIAL TOWN BOARD MEETING NOVEMBER 14,1994 4:00 P.M. MTG.#64 RES. 576-579 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Councilman Nick Caimano Councilman Carol Pulver Town Attorney Paul Dusek Supervisor Fred Champagne-Called the meeting to order DISCUSSION HELD: Resolution Confirming that Portion of Town Property will be Textiles site. utilized as Town Road at Native Attorney Dusek-You are all familiar with the land that was sold to Native Textiles and when you sold that land you kept a small piece of land next to the, where the extension of Carey Road ends. The purpose of that was to eventually have some land there so if you wanted to access the other property you could build a town road. That land was kept in fee simple absolute, it was a piece of land it was not a road that was kept, it was a piece of land. The contract that we entered into with the party gives the Town the right to build a road when ever they feel like it. I understand that Columbia would like access on a Town Road in order to subdivide part of the land holdings that they have, the problem is as it is currently drafted there is no access for a public road unless that small parcel of land that the Town still holds is deemed a road or can be made into a road, It is my opinion it is certainly not a road, it is just something that some day having a road it is just a piece of land right now. Without having a road there they have a problem, they have no access to frontage. Their choice is to get a variance if they can or something else. What concerns me in the proposed resolution that they sent to you, the way the resolution was drafted it almost sounds like the Town would put the road in there at its own expense, I want to make sure that is not, obviously you do not want to lock yourself into doing that. Councilman Monahan-As far as I am concerned if they need a road into lot 2 Columbia can put it in. Attorney Mark Schachner-Noted he was not present as Attorney for the Planning Board...1 do not have anything to do with the Planning Board relative to Native Textiles, the reason for that is the Paul represented the Planning Board in that, because I, elsewhere represent Columbia Development...1 am the author of the proposed resolution, the intent is not at all to bind the Town to be doing the road improvement but merely to indicate that if there is going to be development on the back lot that it will happen only after that portion of property is improved as a Town road not necessarily by the Town, never mind the whereas's which are much less important go to the resolved part the first resolved says in the bottom that the proposed lot 2 shall be improved as a Town Road either by the Town, Columbia or its successors. Councilman Monahan-I want to stipulate right now the Town is not going to do this. Attorney Schachner-The sole purpose of the resolution is so that, piece of property is considered a road as opposed to some other type of property. Mr. Steves, from VanDusen and Steves-Noted that the Planning Board will inquire as to how lots 1&2 abut a Town Road and it doesn't, to accomplish this Columbia will have to build the road if they desire to subdivide or have the Town build the road... Attorney Schachner-The sole purpose of the proposed resolution is to allow the Planning Board to review the proposed subdivision on the basis that there is land adjacent to the property that will be used as a road, it does not matter who is going to improve it, Columbia has no trouble with Betty's concern is add language to make it clear that Columbia will pay for the improvement. Attorney Dusek-Questioned if there is a need for the resolution if the Planning Board wanted to give a conditional approval, conditioned upon establishing a road, or someday there being a road it seems to me that they could do that and you do not need a resolution from the Board. The wording of the resolution has me concerned about what potential imposition it could make on the Board in the future. ... If the Planning Board could condition it and it only lasted six months I am not sure what you are getting out of this if there still isn't road there, except an extended life to the subdivision. Mr. Schachner-There is a financing transaction that is about to occur that only involves the Native Textile lot this is strictly a paper exercise nobody has anything proposed on lot 2, my own personnel prediction is that there probably never be anything on lot 2 because there are some sensitive areas on lot 2. The sole purpose of this paper exercise is to allow this subdivision to go forward so that when the financing transaction that is going to occur this month occurs it will be focused only on what we are calling lot 1. Mr. Steves-Here the problem that we see is that the parcel owned by the Town is not designated as a road or for a road it could be for a Town Hall... Mr. Schachner-It is a lengtlIy long winded way of labeling that curve future Town road. Mr. Steves-If we have this labeled as a future Town road there is no problem. The Town Board requested the Attorney Schachner and our Attorney Paul Dusek, reword the proposed resolution to reflect that the Town will not be doing the road improvement.... (Resolution will be forthcoming at a later time in the meeting) DISCUSSION HELD REGARDING HIRING PERFECTION PLUMBING AND HEATING FOR HIGHWAY GARAGE HEATING IMPROVEMENTS: Councilman Pulver-We have discussed this at the Highway Committee Meeting and it is going to be not exceeding 7,800 dollars it is coming from the Highway Garage Construction Account and the person doing it is Matthew Jabaut Perfection Plumbing and Heating. Counilman Monahan-Are we going to be able to use this when we re-do the garage? Highway Supt. Paul Naylor-Yes. RESOLUTION HIRING PERFECTION PLUMBING & HEATING FOR HIGHWAY GARAGE HEATING IMPROVEMENTS RESOLUTION NO.: 576,1994 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Highway Garage has a lack of heat which causes freeze-ups and difficulty in starting trucks needed for snow-plowing of Town roads, and ice build-up in the vicinity of overhead doors, preventing the same from opening properly, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to arrange for the retention of the services of Perfection Plumbing & Heating to install 4 modine unit heaters and necessary gas piping, vent piping, and electrical wiring, with four thermostats, in the Town Highway Garage, at a sum not to exceed the total amount of $7,800.00, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to sign the Proposal presented at this meeting for said work, and BE IT FURTHER, RESOLVED, that the costs associated with this resolution shall be paid for from the Highway Garage Capital Construction Account #89-5132-2899. Duly adopted this 14th day of November, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mr. Champagne NOES None ABSENT: None DISCUSSIONS: 1. Larry Paltrowitz would like to the meet with the Town Board on November 21st at 6:00 P.M. (Agreed to by the Town Board) 2. Hudson Pointe - Mr. James Martin, Executive Director-We had a meeting of the Advisory Board of the Hudson Pointe Open Space Management Plan, I have listed seven brief items that came out of that meeting in a memo to you of November 4th, Fred and I have had sense had a conversation with Peter Borelli of the Open Space Institute and we are going to have a follow up meeting next Monday evening at 6:30 P.M. at that time we should address all seven items raised, Mr. Borelli asked me to draft a definition of passive recreation I have no problem with that. After the meeting of next Monday we should be in a position to put the plan before the board. Supervisor Champagne-The deal is that the Michael's Group went to the bank to borrow the money and to start the infrastructure obviously the bank is very interested in knowing any outstanding issues that are there before they lend the money, what they came back with is until this third party deal is cooked there is question as to them lending money against the infrastruction in the mean time the Michael's group would like very much to get started in construction season before the frost is too deep. BUDGET WORKSHOP HELD ON THE FOLLOWING: NON-PROFIT ORGANIZATIONS Several options were discussed such as cutting 25% off the first year, 25% the second year and the balance the third year....50% cut the first year 50% the second year....1eave as is... Discussion to be taken up at a later time. DISCUSSION ON NATIVE TEXTILES: (Town Attorney presented the proposed resolution) RESOLUTION CONFIRMING THAT PORTION OF TOWN PROPERTY WILL BE UTILIZED AS TOWN ROAD AT NATIVE TEXTILES SITE RESOLUTION NO. 577.95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town of Queensbury (Town) owns certain property (Tax Map # 146-1-6.1) located at the end of an un-named Town road located off of Carey Road in the Town, and WHEREAS, this property adjoins the parcel of property now owned by Columbia Queensbury Group (Columbia) on which Columbia is constructing a new building for Native Textiles (Tax Map # 146-1-6.2), and WHEREAS, Columbia seeks approval from the Town Planning Board for subdivision of its property into two lots of approximately 14 acres and 19 acres in size as depicted on the Columbia subdivision map dated October 19th, 1994 and prepared by VanDusen & Steves, Lot 1 being utilized for the Native Textiles building and Lot 2 to remain vacant at this time, and WHEREAS, the Town Planning Staff and Planning Board seek assurance from the Town that the portion of the remaining Town property which connects the un-named Town road to the southeastern boundary of proposed Lot 2 is held for purposes of being improved as a Town road, and WHEREAS, the Town Board recognizes that it is under no obligation to construct a Town road at any particular time. NOW, THEREFORE BE IT RESOLVED, the Town Board hereby agrees and affirms that the portion of Town property connecting the un-named Town road to the southeastern boundary of Columbia's proposed Lot is held for the purpose of being used as a Town road, and be it further RESOLVED, that such property shall be reserved for this purpose and be it further RESOLVED, that the Town Board indicates that Columbia may construct a road on the property if needed for the development of the subdivision provided the same is built to Town specifications in effect at the time the road is constructed and provided further that the appropriate certificates of insurance are furnished to the Town and that the Town reviews and approves the construction of the road, and be it further RESOLVED, the Town Board hereby requests that the Planning Board approval of Columbia Subdivision includes a condition that no development will occur on Lot 2 unless and until such road is completed, and be it further RESOLVED, that nothing contained in this resolution shall be interpreted as preventing the Town Board of the Town of Queensbury from arranging for construction of the road should it ever decide to construct such road and it is also recognized that nothing in this resolution shall prohibit or prevent the carrying out of the previous agreement with Columbia and QEDC that a small portion of the road that exists on this parcel will in fact be built by Columbia. Duly adopted this 14th day of November, 1994 by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mr. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None ATTORNEY MATTERS 1. Reported to the Board that in the matter of John Salvadore vs. State of New York...re: Docks and the Lake George Park Commission and the Town's involvement...Decided in the Town's favor in the Supreme Court and also in the Appellate Division. 2. Hudson River PCB's issues...met with Dave Hatch Niagara Mohawk's Attorney there are going to be some proposals coming out on this within a month or so... 3. Ambulance Award Service: Town Board requested that copies be sent to the Town Ambulance Companies... 4. Hiland Park - Will be meeting with the Bank and they are requesting that a Town Board Member be present.. . Councilman Caimano requested to be present at that meeting. 5. Will await for further instructions regarding the fire service contracts... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 578.94 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss a matter in litigation and labor union negotiations. Duly adopted this 14th day of November, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: None RESOLUTION ADJOURNING FROM EXECUTIVE SESSION RESOLUTION NO. 579.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its executive session. Duly adopted this 14th day of November, 1994 by the following vote: AYES: Mrs. Pulver, Mr. Caimano, Mr. Wiswall, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None BUDGET WORKSHOP EMERGENCY SERVICES No action taken at this time. On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury