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1995-01-31 SPECIAL TOWN BOARD JANUARY 31, 1995 1:00 P.M. MTG#6 RES#73-78 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN NICK CAIMANO (entered meeting at 2:10 p.m.) BOARD MEMBERS ABSENT COUNCILMAN CAROL PULVER Supervisor Champagne called meeting to order. DISCUSSION HELD NORTH QUEENSBURY WASTEWATER PLAN (TAPE ON FILE) RESOLUTIONS RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 TAX ASSESSMENT REVIEW CASE FOR GLENS FALLS INN ASSOCIATES, L.P. RESOLUTION NO.: 73,95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, a certain Article 7 Real Property Tax Assessment Review Case has been commenced against the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the tax assessment review case with the legal counsel for the Town of Queensbury, such counsel and the Town Assessor having made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the following case be settled with respect to the tax roll for the year 1994, as indicated and as follows: Tax Map No.: New Assessment: Address: 97-2-6 $2,050,000. Exit 19 Ramada Inn Off Aviation Road Queensbury, New York Duly adopted this 31st day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION OF SUPPORT FOR RECORDS MANAGEMENT PROGRAM RESOLUTION NO. 74, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby supports the Records Management Program being carried out within the Town of Queensbury and authorizes the Town Supervisor to apply for a grant to microfilm records during the 1995-96 cycle. Duly adopted this 31st day of January, 1995, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None Absent:Mrs. Pulver RESOLUTION AUTHORIZING APPLICATION AND PURCHASE OF INSURANCE RESOLUTION NO.: 75,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury recently authorized the purchase of General Liability Coverage Insurance and other related types of insurance with the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury desires to arrange for purchase of the Public Officers Liability Policy from the same company from which General Liability Insurance Coverage was purchased, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to arrange for the submission of an application for insurance to the St. Paul Insurance Company, execute said application, and take all steps that may be necessary to arrange for Public Officers Liability Insurance Coverage through said Company. Duly adopted this 31st day of January, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES: None ABSENT:Mrs. Pulver RESOLUTION SETTING PUBLIC HEARING FOR SUBMISSION OF PROPOSED SMALL CITIES GRANT APPLICATION RESOLUTION NO.: 76,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the U. S. Department of Housing and Urban Development will be accepting applications for the Community Development Block Grant Small Cities Program, and WHEREAS, the aforementioned Small Cities Program makes funds available for providing assistance to new and expanding corporations in the support of job creation and expanding local tax base, and WHEREAS, the Town of Queensbury intends to submit an application for Small Cities Funds to provide necessary water system improvements to a designated area in the Town of Queensbury, and WHEREAS, the regulations relating to proper submission of a Small Cities Grant Application require two (2) public hearings explaining the Program guidelines and the proposed use of the Grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold two (2) public hearings, at which time all parties in interest and citizens shall have an opportunity to be heard and obtain information regarding the proposed Small Cities Grant application, described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearings shall be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, on 1) February 15th, 1995 at 7:00 p.m., and 2) 17th, 1995 at 12:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearings by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting the notice on the Town bulletin board outside the Town Clerk's Office. Duly adopted this 31st day of January, 1995, by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver DISCUSSION HELD SUPERVISOR CHAMPAGNE-Spoke to the Board regarding having representatives from the Bank of New York present at the next meeting to discuss their propose interest as the Town's fiscal advisor. Spoke to the Board regarding Pete Brault request for his vacation to be extended. It was the decision of the Town Board to look back at past practices, but noted that if it was to be extended need to put a time limit on it. To be discussed at the next regular meeting. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 77, 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 Regular Session and moves into Executive Session to discuss contract negotiations and one personnel matter. Duly adopted this 31st day January, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Caimano, Mr. Champagne Noes: None Absent:Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 78, 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 adjourns from Regular Session and hereby adjourns its Special Meeting. Duly adopted this 31st day of January, 1995, by the following vote: Ayes: Mr. Caimano, Mrs. Monahan, Mr. Champagne Noes: None Absent:Mrs. Pulver TRANSCRIPT FROM TOWN BOARD MINUTES OF 2-6-95 RE: PROPOSED GLENS FALLS WATER TANK COUNCILMAN CAIMANO-...the second thing is a more important one and that's the issue regarding the water tanks and the City of Glens Falls and where we are on that there are several citizens out here from the third ward and the second ward of Queensbury and quite anxious to find out where we are, what can you tell us anything? ATTORNEY DUSEK-Well, I think that where the Town is at in terms of the, of its position with regard to the City of Glens Falls as I understand our past conversations it had to deal with the possibility of what could be done, well let me stop back for a moment. First of all, Fred it is my understanding, you have had some conversations with the Mayor SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-Maybe that would be an appropriate spot to start off with. SUPERVISOR CHAMPAGNE-My conversation with the Mayor as of last Friday was that there is some potential litigation and that was the message that I left with him. COUNCILMAN CAIMANO-You told him that. SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-And it is not, it is not a cross examination but it was my understanding SUPERVISOR CHAMP AGNE-I further, well we left it that if at all possible we could sit down and try and negotiate it over the table and I said well, that remains to be seen as to where it goes from here. ATTORNEY DUSEK-That is what I thought, you had left it on a positive note. SUPERVISOR CHAMPAGNE-That's how it was left. ATTORNEY DUSEK-My position is, is that from a legal stand point that I believe that the Town has grounds to request an injunction of the activity and I think to discuss that in depth is a matter of Attorney Client Privilege and since obviously an injunction means litigation I think that is most properly discussed in executive session. COUNCILMAN CAIMANO-My concern though is that, is that, that's fine my concern for the folks who live there is to let them know, actually let two people know, the people of Glens Falls we are not interested in hurting the people of Glens Falls, we are interested in resolving the issue and as DeSantis said Friday night, we can get together on this and yea, we can get together on this and I think we should and I think that is one of the things that has been missing is the fact that we haven't gotten together on it. But, I wanted to assure the people from Queensbury who live under the potential shadow of these tanks that we are not letting this thing and you are not letting this thing and the Supervisor and the Board are not letting this thing just simply gravitate and drift, that there are some things happening and while he cannot talk about them now because of the litigation you have our assurance as a group that we are there a. to protect you and b. to help Glens Falls, we are not here to murder Glens Falls either that is not the purpose of this, the purpose is to find a way out for both of us. ATTORNEY DUSEK-I think I can also maybe add, Nick in that regard for the record too, and maybe this will be helpful to know that, one is that I did complete all of the legal research that I feel was necessary to indicate the conclusion of availability of an injunction as I have indicated. The second thing is though, we also have time in which to take action and I feel that we are within our rights and we are still timely. It is a matter of public record so, I can also say this that the two things that should be noted, one is that the bid opening is not scheduled for that project until the thirteenth the earliest that the Board of Sewer and Water Commissioners meet as I understand it is the fifteenth, which is next week of course. But, my opinion is that, anything that the Town of Queensbury wishes to do during the course of this week would be timely. The second thing is, I forgot what the second thing was, but I think that was the most important point anyway. COUNCILMAN CAIMANO-Well, you are not presuming, you are not going to wait for the fifteenth you are using the thirteenth as your deadline. ATTORNEY DUSEK-Well, I think what we want to do is here again what we want to do is talk in executive session tonight as far as what our tactic will be, but I think what I am trying to do is give some assurances that, as you have indicated Nick, that we are on top of this, that it has been researched, and that we are actively studying all of the options and the next phases will be to discuss those options with the Town Board this evening in fact, in executive session. COUNCILMAN CAIMANO-Ok, thank you. (DISCUSSION CLOSED OTHER BUSINESS HELD DISCUSSION REOPENED) MR. DANIEL OLSON-29 Carlton Drive Queensbury I was pleased to hear the Board, Nick thank you for bring it up and the Board's discussion and the Attorney's discussion with the, on the pending construction by the City of Glens Falls on water storage tanks. I would hope that the 13th and the 15th seems like a long time, I think you were talking about February not March, that is just around the corner, in fact that is next week. I would hope the Board, and I feel confident you will after the discussion I heard tonight, but I just wanted to re-enforce my own feelings as a resident of the Aviation Road, I would hope that you would take whatever action you have to, to get the matter, put yourself in a position so you can discuss this matter if you have to legally and not react after the situation might happen. I can only use an example of seeing beautiful plans and beautiful drawings, renderings, I think they are referred to by an architect, of the proposed Walmart Construction. The plans and the pictures and the drawings showed the building, they showed the excavation of trees and land, they also showed a buffer zone that was supposed to represent what was there and I guess I thought it was going to stay there, what was there what I saw in the drawings did appear of what was there, except the large trees that they took down that maybe in the area they could clean out opened up the area so it is very easy to see quite a ways from my back yard and my neighbors back yards now up north on Route 9 past Miller Hill, past Sweet, almost to Sweet Road, almost to the intersection of Gambles on a clear night when the lights are out, plus the car wash area and the restaurant on the left, the Queen Diner and the Restaurant past that. I just want you to take into consideration what you may see as a picture or a diagram of storage tanks in a drawing may not be the same picture that the residents are going to see when that construction is done especially if they are painted whatever color they are painted and how they are going to stick out there. We are talking really sight pollution and visual pollution here which is different than noise pollution or pollution from septic tanks or lakes or storm water, it is a whole different kind of pollution that effects a persons life, their living conditions and their feelings may be in the area that they live in. ..... I just wanted to thank you and please take a hard look at those water storage tanks.