1988-08-16 SP SPECIAL TOWN BOARD MEETING
AUGUST 16, 1988
TOWN BOARD MEETING
Stephen Borgos-Supervisor
Marilyn Potenza-Councilman
Ronald Montesi-Councilman
Betty Monahan-Councilman
Paul Dusek-Town Attorney
MEMBERS ABSENT:
George Kurosaka-Councilman
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN POTENZA
RESOLUTIONS
DISCUSSION REGARDING BROAD STREET CAR WASH INC.
Agreement will show Capital Contribution charge, hook-up charge and operation and
maintenance charges... j
I
RESOLUTION REGARDING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BROAD STREET CAR
WASH, INC.
RESOLUTION NO. 342,. Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Marilyn Potenza:
WHEREAS, Broad Street Car Wash, Inc., has constructed a car-washing facility on
certain real property located on Quaker Road and Dix Avenue in the Town of Queensbury,
and has also constructed a pumping station and sewerage force main running from
said car-washing facility to a sewerage facility owned and maintained by the City
of Glens Falls, and
WHEREAS, Broad Street Car Wash, Inc., needs and has requested the approval of the
Water and Sewer Board of the City of Glens Falls to hook-up and transmit waste
water to the sewerage facilities owned and maintained by the City of Glens Falls,
and,
WHEREAS, the Water and Sewer Broad of the City of Glens Falls has conditioned its
approval of said hook-up and transmission of waste water upon Broad Street Car q
Wash, Inc., being able to secure the approval of the Town of Queensbury for said
hook-up and transmission of waste water, and,
WHEREAS, Broad Street Car Wash, Inc., has requested that the Town of Queensbury
grant its approval of said hook-up and transmission of waste water, and
WHEREAS, the Town of Queensbury, concerned about the impact and precedence of the
private sewer facility and regulation thereof, is willing to give its approval
to the said hook-up and transmission of waste water under conditions and Broad
Street Car Wash, Inc., has indicated its willingness to agree to said conditions,
and in fact has signed an agreement this date, wherein it indicates among other
things, that it shall pay a Capital Contribution Charge, hook-up to a sewer district
in the event that the Town of Queensbury establishes a sewer district which includes
the property of the Broad Street Car Wash, Inc., and agrees not to allow any other
person, partnership, association, corporation, or other entity to hook-up to said
sewerage facility constructed by Broad Street Car Wash, Inc.; a copy of said agreement
is annexed hereto and executed by the principals of Broad Street Car Wash, Inc.,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the
proposed agreement between the Town of Queensbury and Broad Street Car Wash, Inc.,
annexed hereto, and authorizes and directs the Town Supervisor of the Town of Queensbury
to execute said agreement on behalf of the Town of Queensbury, provided that a --
provisions is added to the agreement which specifies the fact that Broad Street
Car Wash, Inc., agrees to pay either the Town of Queensbury or directly to the
City of Glens Falls as the Town of Queensbury shall direct, all sums due and payable
for the use of the sewerage facilities of the City of Glens Falls such charges
commonly known as operation and maintenance charges and such charge are to be established
by the City of Glens Falls, and
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BE IT FURTHER
RESOLVED, that in accordance with the said agreement, the Town of Queensbury hereby
approves of the hook-up of Broad Street Car Wash, Inc.'s pumping station and sewerage
force main to the sewage facilities of the City of Glens Falls and approves of
the transmission of waste water by Broad Street Car Wash, Inc., to the sewerage
facilities of the City of Glens Falls, and
BE IT FURTHER
RESOLVED, that the Town Attorney for the Town of Queensbury is hereby authorized
and directed to forward a copy of this resolution to the Water and Sewer Board
of the City of Glens Falls, and to forward a copy of the agreement and resolution
to the Broad Street Car Wash, Inc.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, .Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION REGARDING EXECUTION AND SUBMISSION OF APPLICATION TO NEW YORK STATE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR PUBLIC WATER SUPPLY PERMIT
RESOLUTION NO. 343, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, Kestner Engineers, P.C. are presently designing an expansion of a Water
Treatment Plant owned and operated by the Town of Queensbury such that the plant
will draw 10 million gallons of water per day instead of the present 5 million
gallons of water per day from the Hudson River, and
WHEREAS, in furtherance of the design of said expansion, Kestner Engineers, P.C.,
is desirous of filing an application for a Public Water Supply Permit with the
State of New York so that a determination may be made as to whether the Town of
Queensbury will be allowed to withdraw up to 10 million gallons per day from the
Hudson River,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor for the Town of Queensbury is authorized to
execute, on behalf�of the Town of Queensbury, an application known as a New York
State Department of Environmental Conservation Application for Public Water Supply
Permit, the same to be completed and presented for execution by Kestner Engineers,
P.C., and
BE IT FURTHER
RESOLVED, that Kestner Engineers, P.C., is authorized to file said application
once the same has been executed by the Town Supervisor for the Town of Queensbury.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:None
RESOLUTION TO RETAIN COUNSEL
_ RESOLUTION NO. 344, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Stephen Borgos:
WHEREAS, the Town of Queensbury has been served with a number of Article 7 Petitions
by individuals and business entities complaining of real property tax assessments
and has been involved in certain Article 7 litigation pending from last year, and
WHEREAS, it will be necessary for the Town of Queensbury to respond to the Article
7 Petitions and participate and continue to litigate the Article 7 Petitions pending
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from last year, and attend court conferences, and/or engage in other court proceedings
relative to said petitions, and
WHEREAS, it will be necessary for the Town of Queensbury to respond to the Article
7 Petitions and participate and continue to litigate the Article 7 Petitions pending
from last year, and attend court conferences, and/or engage in other court proceedings
relative to said petitions, and
WHEREAS, due to the fact that there were time constraints in which to respond to
said petitions and that the Town Attorney will be handling small claims petitions
which have also been filed and also working to complete certain Article 7 litigation
pending from last year,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby retains Carusone
& Muller to assist the Town Attorney and to represent and defend the Town of Queensbury
in connection with certain 1988 Article 7 Petitions, and certain Article 7 litigation
pending from 1987, with the Town Attorney to determine the particular assessment
matters to be handled by Carusone & Muller, and
BE IT FURTHER
RESOLVED, that the hourly rate for professional services rendered by Carusone &
Muller should not exceed $85.00 per hour for professional services rendered and
the appropriate Town Offices of the town of Queensbury are authorized to make payment
for said services upon receipt of time records and properly completed vouchers
from the retained attorneys.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
Discussion held in regard to Res. 344...Councilmen noted that they had received
a letter from the law firm of Carusone and Muller noting that they would be interested
in working for the Town regarding the assessment litigations...Councilman Montesi,
noted that he did not question the law firms ability or the necessity for the assistance
but that he had spoken to other law firms too..Councilman Monahan-this goes back
to the thing that Town Board members should not have things thrown at them, I have "I k
a problem voting on something when I do not have much information...Supervisor
Borgos-we are in desperate need of counsel we were concerned that we would not
be able to find counsel, it is my understanding that there have been no other firms
interested in this..Marilyn Potenza-it has been no secrete that we needed other
counsel..I thought we had discussed this at one point and because of the work load,
that was the original reason why we retain Mr. Mathias we are still looking at
an August date to go to court and I am concerned...Supervisor Borgos-We have a
serious problem because although I have not gone out to beat the bushes because
I understood that this offer had come in and there were no problems with it in
looking through the list of Attorneys in this area I cannot find another firm that
doesn't have active litigation against the Town either in terms of assessment matters
or some other major item. I cannot imagine where else anywhere locally we are going
to find anyone else to take these cases...I asked Paul to check on them and he
indicates he has checked on their background and he is comfortable with them.
Councilman Monahan-I do not have a problem with the need for outside counsel I
do think that the law firm itself should have been discussed and been interviewed.
I do object to the procedure and I wish in the future these procedures would not
be getting more and more this way.
RESOLUTION TO RETAIN FINANCIAL ADVISORY SERVICES
RESOLUTION NO. 345, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Supervisor as the Chief Fiscal Officer and the Town Board of
the Town of Queensbury have determined the need for financial advice in the areas
of developing long-term capital plans, general obligation bonding, short-term financing,
selection of the most efficient financial instruments, and other general financing
advice in connection with the many projects presently pending before the Town Board
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including the sewer projects and water district projects, and
WHEREAS, Cowen & Company has offered to render professional financial advisory
services to the Town of Queensbury for a fee of $500.00 per on the plus reasonable
accountable out-of-pocket expenses for the remainder of this calendar year, payable
in December, and any transaction involving the issuance of notes or other short-term
debt, Cowen & Company will be paid a fee not to exceed $1.00 per $1,000 of issuance
and on other issuance of bonds or other long-term obligations, Cowen & Company
will be paid a fee not to exceed $2.00 per bond,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town
Supervisor as the Chief Fiscal Officer, to retain the services of Cowen & Company,
80 State Street, Albany, New York 12207, such company to render professional financial
advisory services in accordance with the terms of this resolution and such additional
terms as the Town Supervisor may agree to and,
BE IT FURTHER
RESOLVED, that the services rendered by Cowen & Company shall not exceed the sum
of $500.00 per month plus reasonable accountable out-of-pocket expenses for the
remainder of this calendar ,year, payable in December, and any transaction involving
the issuance of notes or other short-term debt, Cowen & Company will be paid a
fee not to exceed $1.00 per $1,000.00 of issuance and on other issuance of bonds
or other long-term obligations, Cowen & Company will be paid a fee not to exceed
$2.00 per bond, and
BE IT FURTHER
RESOLVED, that the agreement between the Town of Queensbury and Cowen & Company
may be terminated upon thirty (30) days notice by either party.
Duly adopted by the following vote:
Ayes: Mrs. Potneza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent:Mr. Kurosaka
Supervisor Borgos-noted that the Town Board had interviewed the firm...we are not
locked into using this firm only when and if we do the bonding they are willing 'k
to do the financial advisory service and if they do the bonding work this is what
they will charge...they understand at the time of bonding have the ability if we
so desire to use another firm at a lower rate...
RESOLUTION ACCEPTING RESIGNATION OF STEPHEN J. BURGOS FROM QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION NO. 346, Introduced by Mrs. Marilyn Potenza who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, Supervisor Stephen J. Borgos has submitted his resignation as a member
of the Board of Directors of the Queensbury Economic Development Corporation, effective
as of August 16, 1988,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury accepts the resignation
of Supervisor Stephen J. Borgos, with appreciation for dedicated services to said
corporation.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan
Noes: None
Absent: Mr. Kurosaka
Abstain: Mr. Borgos
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Supervisor Borgos-I have missed several meetings in a row because of other conflicts
here at the office, I had recommended to the Board that they appoint Mrs. Potenza
to replace me...It has been fun and I think that I can have all the contact I want
to with the group but I just cannot always make the meetings.
Councilman Montesi-We accept with regret Stephen resignation....
RESOLUTION APPOINTING 14ARILYN POTENZA TO FILL TERM ON THE QUEENSBURY ECONOMIC DEVELOPMENT
CORPORATION
RESOLUTION NO. 347, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the position of Director of the Queensbury Economic Development Corporation —`
has been vacated due to the resignation of Supervisor Stephen J. Borgos,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mrs. Marilyn
Potenza as a Director of the Queensbury Economic Development Corporation, her term
to expire on December 31, 1988.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO RETAIN KESTNER ENGINEERS, P.C. REGARDING EXTENSION OF WATER TRANSMISSION
MAIN
RESOLUTION NO. 348, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, the Town Board of the Town of Queensbury is presently studying and planning
for the extension of the Town of Queensbury water transmission main from the area
of Lafayette Street, along Quaker Road, to a point east of Albany Systems, and
WHEREAS, Kestner Engineers, P.C. has offered to do the final design plans and specifications
for the extension of the water transmission main owned by the Town of Queensbury,
from a point on Lafayette, running in an easterly direction along Quaker Road to
a point east of Albany, Systems, to the existing 16" main, for a sum not to exceed
$106,320.00 and with the condition that such report shall be completed on or before
mid-spring of 1989, and
WHEREAS, Kestner Engineers, P.C. has presented the Town Supervisor for the Town
of Queensbury with a proposal for engineering, said plans and specifications being
for the extension of the said water transmission main, such proposal being a letter
from dated August 15, 1988 and annexed hereto,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury, on behalf of the Town
of Queensbury, hereby retains Kestner Engineers, P.C. to do final design plans
and specifications for the extension of the water transmission main of the Town
of Queensbury from a point on La Fayette Street proceeding easterly along Quaker
Road to a point east of Albany Systems to an existing 16" water transmission main
for a sum not to exceed $106,320.00 and upon the condition that such report is
completed no later than mid-spring of 1989, and
BE IT FURTHER —
RESOLVED, that the Town Supervisor for the Town of Queensbury is hereby authorized
and directed to execute an agreement with Kestner Engineers, P.C. relative to the
drafting of the afore described final design plans and specifications for the extension
of the water transmission main as afore described, such agreement to: 1) contain
terms and conditions provided for in this resolution, 2) contain such substantive
provisions as set froth in the proposal offered by Kestner Engineers, P.C., dated
August 15, 1988 and annexed hereto, and 3) to be in a form approved by the Town
Attorney for the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that this resolution is subject to a permissive referendum pursuant to
the provisions of Section 209 (b) of the Town Law and the Town Clerk of the Town
of Queensbury is hereby directed to comply with the requirements of said section.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: Mr. Kurosaka
RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING THE ADOPTION OF PROPOSED NEW ZONING
ORDINANCE AND REPEAL OF EXISTING ORDINANCE
RESOLUTION NO. 349, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:.
WHEREAS, a proposed new zoning ordinance for the Town of Queensbury has been prepared
and presented to the Town Board of the Town of Queensbury for consideration, and
WHEREAS, said proposed zoning ordinance repeals the presently existing zoning ordinance
of the Town of Queensbury and results in a number of revisions to the presently
existing zoning of the Town of Queensbury, in among other things, revising zoning
district boundaries, revising permitted uses, amending or prohibiting certain permitted
uses in certain zones, amending and changing subdivision rules, creating new zoning
districts, deleting old zoning districts, and generally overall revising, modifying,
changing, deleting, or amending the many provisions of the presently existing zoning
ordinance, and
WHEREAS, the Town Board of the Town of Queensbury, after review and revision of
the proposed zoning ordinance, is now desirous of having said proposed zoning ordinance
with the revisions proposed by the Town Board of the Town of Queensbury, adopted
and the existing zoning ordinance and all amendments thereto repealed, and
WHEREAS, prior to the adoption of the proposed zoning ordinance it is necessary,
pursuant to the Town Law of the State of New York for the Town Board of the Town
of Queensbury to hold a public hearing on the proposed zoning ordinance, whereas
parties in interest and citizens shall have an opportunity to be heard, and �.
WHEREAS, it is necessary to give complete and proper notice of the public hearing
to be held in connection with the proposed new zoning ordinance, and
WHEREAS, a proposed new zoning ordinance is worthy of consideration for legislative
action,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held by the Town Board of the Town of Queensbury,
concerning the adoption of the proposed new zoning ordinance for the entire Town
of Queensbury, and the repeal of the existing zoning ordinance and all amendments
thereto, and that said public hearing be held at 7:30 P.M. in the meeting room
of the Town of Queensbury Town Office Building, Bay at Haviland Road, Queensbury,
New York, on September 6, 1988, at which time all persons interested it the subject
thereof concerning the same, will be heard, and
BE IT FURTHER
RESOLVED, that the Town Clerk be and is hereby directed to take all necessary action
to cause the publication of a proper notice of said public hearing and to provide
— all other notices required by the provisions of Town Law § 264.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
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Absent: Mr. Kurosaka
Discussion held before vote:
Supervisor Borgos-re: Zoning Map Earltown Property-there is a small parcel of land
that dips down in outside the wetland that appeared to me to be connected to the
airport property, the officers of Earltown have brought to our attention that is
part of Earltown property and not Airport and requested that, that be made Residential
as is the rest of the Earltown property in that area, I have visited that property
and I believe that it should properly be residential, I would ask that the Board
make that change before we adopt this...Lee York presented the Town Board a map
of the area...LI 3A to SR1A Agreed to by the Entire Town Board...the property
is on the westerly end of the Airport property at the end of the runway but is
indeed part of the Earltown property...Lee York, it is not incorporated into the
designated wetland area...I do have one small change that is not on our present
zoning map nor our present tax maps, I have gone back to the resolution and gone
over the tax maps with the Clerk on this and apparently the Westwinds Mobile Home
Park, this property (using a map) is part of their park area and it is omitted V;
on our maps I would like corrected...Agreed to by the Board...
Town Counsel Paul Dusek-This is a break down of what the law provides, the notice
of the public hearing which is the first step before the public hearing is critical
that the public be advised of what the intended ordinance is to be and then at
the public hearing they have the right to state their opinions any time after the
notice is done if there are any substantial changes in the zoning ordinance or
the mapping then the law, there are a number of cases in the law that would require
additional public hearings and notices of that, minor changes would seem to be
all right after the public hearing but I would be very concerned about any major
changes occurring after the notice has gone out to the paper. Lee York has advised
me that the mapping for this zoning is going to be done through use of the tax
maps and she has indicated that this has not yet been drafted, these mappings have
to be available along with the proposed ordinance at the time it is first published
in the paper.
Lee York- Leon Steves has been suggested as an individual to do this, put the zoning
lines on the tax maps he has looked at the neighborhood maps and feels that he
would have no problem doing it and he will supply the paper to the county to print
the maps on, for a lower cost to the Town...I believe the most he would charge
would be $2500.00 to do four sets of tax maps.
Supervisor Borgos-The other quote for this job was over $6,000.00
(Vote taken on Resolution 349) k
RESOLUTION TO RETAIN LEON STEVES
RESOLUTION NO. 350, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town is in the process of establishing new zoning maps, and
WHEREAS, there is a need to have the new zoning lines placed on the tax maps for
the public to view,
NOW, THEREFORE BE IT
RESOLVED, that Mr. Leon Steves be retain to place the zoning boundaries on the
Town of Queensbury Tax Maps (four sets) at a fee not to exceed $2500.00 for his
service.
Duly adopted by the following vote:
Ayes: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None --
Absent: Mr. Kurosaka
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED,
Miss Darleen M. Dougher
Town Clerk-Town of Queensbury