1988-08-02 SP 110
SPECIAL TOWN BOARD MEETING
AUGUST 2, 1988
3:32 P.M.
MEMBERS PRESENT:
Supervisor Stephen Borgos
Councilman Marilyn Potenza
Councilman Ronald Montesi
Councilman Betty Monahan
Town Attorney Paul Dusek
MEMBERS ABSENT
George Kurosaka --
PRESS
G.F. Post Star, MENU, WBIA
Supervisor Borgos-I will now call for a short executive session to discuss Assessment
Litigation.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 321, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board hereby moves into executive session to discuss Assessment
Litigation.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO COME BACK INTO SESSION
RESOLUTION NO. 322, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into
regular session.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION FORWARDING QUAKER RIDGE PLANNED UNIT DEVELOPMENT PAPERS TO THE WARREN
COUNTY PLANNING BOARD
RESOLUTION NO. 323, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Earltown Corporation has submitted to the Town Board of the Town of
Queensbury, a proposed Planned Unit Development known as Quaker Ridge, has requested
the Town Board of the Town of Queensbury, to authorize such Planned Unit Development
pursuant to Article 15 of the zoning ordinance of the Town of Queensbury, and
WHEREAS, the Town Board has conducted public hearings concerning said Planned Unit
Development, and
WHEREAS, Article 15 of the zoning ordinance of the Town of Queensbury, setting
forth Planned Unit Development provisions, sets forth in Section 15.O74(b) that:
i t l
"where the application for re-districting involves property lying within
a distance of 500 feet from the Town's boundary, or from the boundary
of any existing or proposed county or state park, recreation area, road
or highway or in any other instances where General Municipal Law § 239-M
is applicable, the Town Board shall refer the application for re-districting
to the Warren county Planing Board for its review."
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby refers the Earltown
—'- Corporation's application for re-districting and for creation of the Quaker Ridge
Planned Unit Development to the Warren County Planning Board for its review, and
BE IT FURTHER,
RESOLVED, the Town Clerk of the Town of Queensbury is hereby directed to send a
certified copy of this resolution to the Warren County Planning Board together
with a complete copy of the report filed by the Planing Board for the Town of Queensbury
and request that the Warren County Planning Board reviews the application and forward
their comments and recommendations to the Town of Queensbury as soon as practical.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
Supervisor Borgos-The purpose of this resolution is to turn the application for
Quaker Ridge over to the Warren County Planning Board for their comments.
Councilman Monahan-Asked if Kingsbury or Washington Co. has been asked for their
comments on this project ... noted that some of the drainage would be going toward
Washington County...
Supervisor Borgos- Noted that anyone was welcome to speak at the hearings and it
was legally advertised.
Councilman Monahan-Questioned if the Town could call the Washington Co. Planning
Dept. and see if they wish to review the project?
Supervisor Borgos-Certainly in the future we can do that.
RESOLUTION AUTHORIZING CERTIFICATE OF SUBSTANTIAL COMPLETION
RESOLUTION NO. 324. Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, Adirondack Construction Corporation pursuant to contract has been constructing
an addition to the Town of Queensbury Office Building and making certain alterations
to the Town of Queensbury Office Building, and
WHEREAS, Adirondack Construction Corporation has requested that the Town and the
engineer presently reviewing the project, Rist-Frost Associates, P.C. issue a certificate
of substantial completion in connection with said construction of the addition
and alterations to the Town of Queensbury Office Buildings, and
WHEREAS, Rist-Frost Associates, P.C. has advised that the construction of the Queensbury
Town Office Building Addition has reached a point where such certificate of substantial
completion may be executed by the Town, subject to an agreement to be reached between
the Town of Queensbury and Rist-Frost Associates, P.C. concerning unfinished punch
list items,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queenbury hereby authorizes the issuance
of a certificate of substantial completion to Adirondack Construction Corporation,
subject to the condition that responsibility for unfinished punch list items shall
be subject to mutual agreement between the Town of Queensbury and Adirondack Construction
41
1
Corporation, and,
BE IT FURTHER
RESOLVED, that the Town Supervisor of the Town of Queensbury is hereby authorized
to execute a certificate of substantial completion in the form presented at this
meeting and such certificate shall be issued subject to the condition set forth
herein.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
Abstain: Mrs. Monahan
Town Attorney Paul Dusek-Requested that the wording "Citizen's Activity Center"
be removed from the resolution.
Agreed to by Ronald Montesi and Marilyn Potenza...
RESOLUTION TO RETAIN COUNSEL
RESOLUTION N0.325, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, the Town of Queensbury has been served with over 45 Article 7 petitions
by individuals and business entities complaining of real tax assessments in addition
to numerous small claim petitions also complaining of real tax assessments, and
WHEREAS, it will be necessary for the Town of Queensbury to respond to the Article
7 petitions and small claims petitions and attend hearings, court conferences,
and/or engage in other court proceedings relative to said petitions and small claims
petitions, and
WHEREAS, due to the fact that there are time constraints in which to respond to
said petitions, that the Town Attorney will be handling all small claims petitions,
and due to the fact that Wilson S. Mathias previously represented the Town of Queensbury
in connection with petitions related to matters previously handled by Wilson S.
Mathias,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury retains Wilson S. Mathias
to represent and defend the Town of Queensbury in connection with the said 1988
petitions at a rate not to exceed $85.00 per hour for professional services rendered
—and the appropriate town officers of the Town of Queensbury are authorized to make
payment for said services upon the receipt of time records and properly completed
vouchers form the retained attorney.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
Councilman Montesi-How many of these are a follow through from last year?
Town Attorney Paul Dusek-On the Article 7's we would have four of those filed this
year relating from matters still pending from last year, nineteen of those filed
this year relate to matters that are still pending from last year but are either
on the way to being resolved or have been resolved.
On motion the meeting was adjourned.
Respectfully Submitted,
Darleen M. Dougher, Town Clerk