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1988-06-30 SP 5�D SPECIAL TOWN BOARD MEETING JUNE 30, 1988 4:30 P.M. BOARD MEMBERS PRESENT STEPHEN BORGOS-SUPERVISOR MARILYN POTENZA-COUNCILMAN BETTY MONAHAN-COUNCILMAN BOARD MEMBERS ABSENT GEORGE KUROSAKA-COUNCILMAN 1ONALD MONTESI-COUNCILMAN TOWN COUNSEL PAUL DUSEK 'RESS:G.F. Post Star, WENU PLEDGE OF ALLEGIANCE LED BY TOWN CLERK DOUGHER SUPERVISOR BORGOS-The first and only business on the agenda is a further consideration of the application of Cerebral Palsy Association to construct their new facility on Dixon,Road. Under the law it is to be considered as a single family residence, which we don't have much in the way of restrictions for those. When we left the situation the other night, the association agreed to have a special meeting and they were then going to notify us if they had indeed reached an agreement which we had requested. It has come to my attention that such a letter has arrived. Would the clerk read the letter so we can see what they have proposed and we may take some action. (MINUTES OF A SPECIAL MEETING OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF THE UNITED CEREBRAL PALSY ASSOCIATION OF THE TRI-COUNTIES, INC.) Present at the meeting was a quorum of the members of the Executive Committee of the Board of the Directors. John R. O'Brien acted as Chairman of the meeting. Malcolm B. O'llara acted as Secretary. The Chairman stated that Waivers of Notice of the meeting had been duly signed by a quorum of the members of the Executive Committee of the Board of Directors and the waivers set forth the purposes of the meeting and was ordered appended to the minutes and made a part hereof. Upon motion duly made, seconded and unanimously carried, it was RESOLVED, that the Corporation shall permit only one residential facility to be constructed on the Dixon Road site, and it is FURTHER RESOLVED, that the Corporation shall instruct its architect, Paul Cushing, to locate the residence at as great a distance as he deems proper from the Burke residence, and it is FURTHER RESOLVED, that the Corporation take reasonable steps to screen the Burke residence from the proposed parking area, and it is FURTHER RESOLVED, that the aforesaid resolutions are made for the purpose of inducing the Town Board of the Town of Queensbury to approve the proposed site in accordance with Section 41.34 of the Mental Hygiene Law in a prompt manner, and it is FURTHER RESOLVED, that in the event the said Town Board does not approve the proposed site in a prompt manner, the Corporation may meet to rescind the aforesaid resolutions and proceed with necessary legal action to compel approval, and it FURTHER RESOLVED, that the President and Secretary of the Corporation are hereby authorized to take all such other action and execute, acknowledge and deliver in the name and on behalf of the Corporation all such other instruments and documents as he or she may deem necessary of desirable to carry out the intent of the foregoing resolutions. There being no other or further business to come before the meeting, upon motion duly made, seconded and unanimously carried, it was adjourned. Dated: June 29, 1988 Signed: Malcolm B. O'Hara, Secretary. SUPERVISOR BORGOS-Has the attorney read this resolution and does he feel it is proper and legal the way it is set up, is that correct? COUNSEL DUSEK-Yes. SUPERVISOR BORGOS-The other night we had a motion on the floor to approve the location on Dixon Road. At least one of the individuals involved on either the introduction or seconding that motion, is not with us, Mr. Montesi is not here. We can't act on that motion we need a new introduction of a resolution. COUNCILMAN POTENZA-Do we withdraw that? COUNSEL DUSEK-I think the better thing to do is let that, motion sit and also make a motion rJ�a to the untable situation as well. SUPERVISOR BORGOS-We remove the topic from its tabled status and bring it back in front of the group, so we need that motion first. RESOLUTION TO UNTABLE RESOLUTION NO. 271 RESOLUTION NO. 275, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. RESOLVED, that the Town Board of the Town of Queensbury hereby brings back onto the floor Resolution No. 271 of 1988. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mr. Montesi COUNCILMAN POTENZA-I feel that the concerns that this Board and the Burkes had felt at last Tuesday's meeting were addressed in the letter from the Board of the Directors of the United Cerebral Palsy Association. Quite honestly we had no legal recourse to object to the location. It was through their cooperation and the Burke's cooperation that the motion is now brought to a vote. RESOLUTION TO APPROVE SITE RESOLUTION NO. 276, Introduced by Marilyn Potenza who moved for its adoption, seconded by Betty Monahan. WHEREAS, United Cerebral Palsy Association of the Tri-Counties Inc., notified the Town of Queensbury by written letter dated May 5, 1988 that it has selected a site on Dixon Road, Town of Queensbury for the establishment of an intermediate care facility residence for developmentally disabled children as per section 41.34 of the Mental Hygiene Law and WIIEREAS, due to the Town Board of the Town of Queensbury's concern over the effect of the placement of the intermediate care facility by resolution 235 of 1988 the Town Board set a Public Hearing for June 28, 1988 at 7:30 P.M. on this proposal and WHEREAS, on June 28, 1988 a Public Hearing was held and all persons interested in the subject were heard NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the establishment of the United Cerebral Palsy Association intermediate care facility residence for developmentally disabled children on Dixon Road with the following stipulations agreed to by United Cerebral Palsy referred to in their minutes of June 29, 1988 ` A. That the Corporation will permit only one residential facility to be constructed on the Dixon Road site; B. The Corporation shall instruct its architect Paul Cushing, to locate the residence at as great a distance as he deems proper from the Burke Residence; C. That the Corporation take reasonable steps to screen the Burke's residence from the proposed parking area. Duly adopted by the following vote: Ayes: Mrs. Potenza, Mrs. Monahan, Mr. Borgos Noes: None Absent: Mr. Kurosaka, Mr. Montesi On motion, the meeting was adjourned. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY