1988-05-16 SP2 SPECIAL TOWN BOARD MEETING
MAY 16, 1988
4:09 P.M.
TOWN BOARD MEMBERS
Mr. Stephen Borgos-Supervisor
Mr. George Kurosaka-Councilman
Mrs. Marilyn Potenza-Councilman
Mr. Ronald Montesi-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
Mr. Paul Dusek-Town Counsel
Supervisor Borgos-We are holding a Special Town Board Meeting for the purpose of
adopting the Draft Environmental Impact Statement in considering it complete in
accordance with SEQRA Regulations and this is related to the Rezoning of the Town.
This project has been going on for more than a year, we have just one step to go
and that is the public comment period and the public hearing that will be held
in June. For the first time the public will be able to see what the Town Board's
recommendation is for the rezoning. It is not final, this is the Town Board's
recommendation based to a large extent to what the citizens advisory committee
recommended. We have worked long and hard on this document, the Citizens Committee
has to be commended for all the hours that they have put in, we are also pleased
with the work the consultant Fred Holman from Rochester.
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 203, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that Audit of Bills as listed on May Abstract and numbered 1071 and 1132
and totaling $22,299.50 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
SUPERVISOR BORGOS: Introduced the new Town Attorney Mr. Paul Dusek.
RESOLUTION CERTIFYING COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR TOWN
ZONING AND SUBDIVISION REGULATIONS
RESOLUTION NO. 204, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. Marilyn Potenza:
WHEREAS, the Town of Queensbury, has the authority under Town Law and the Municipal
Home Rule Law to adopt zoning Laws and subdivision regulation and,
WHEREAS, the Town Board of the Town of Queensbury has been designated lead agency
for the purposes of compliance with S.E.Q.R.A., and
WHEREAS, by Resolution No.55 of 1988, the Town Board of the Town of Queensbury
determined the necessity for preparing an Environmental Impact Statement in connection
with the proposed action, and
WHEREAS, Lee York, Senior Planner, for the Town of Queensbury prepared a draft
environmental impact statement,and,
WHEREAS, the Town Board has reviewed the documents and materials submitted by the
Senior Planner, and
WHEREAS, the Town Board of the Town of Queensbury recognizes the need to make diligent
progress in the review process for the proposed rezoning and revised subdivision
regulations,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury for the purposes of enacting
revised zoning regulations and zone map changes and deems such changes complete
for purposes of conducting a public hearing pursuant to Town Law and obtaining
public comment on the changes, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the submitted
DEIS and finds that such DEIS is complete and adequate for the purpose of commencing
public review and comment and
BE IT FURTHER
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RESOLVED, that a public hearing pursuant to New York State Law on the proposed
changes in zoning regulations and mapping be set for June 6, 1988 at 7:OOP.M. at
the Queensbury Elementary School, Aviation Rd., Queensbury, N.Y. 12801
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury shall allow public comments
on the DEIS until 5:00 P.M. June 16, 1988, and
BE IT FURTHER,
RESOLVED, that copies of the DEIS may be reviewed at the Queensbury Town Hall,
Bay and Haviland Roads, Queensbury, New York during business hours, and
BE IT FURTHER
RESOLVED, that a Notice of Public Hearing pursuant to State Law a Notice of Completion
and Public Hearing for the DEIS be prepared and published in the Glens Falls Post
Star and in accordance with the Rules and Regulations for S.E.Q.R.A.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
Councilman Monahan-Requested that these documents be placed in public spots where
people can look at it.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION 205, Introduced by Mrs. Marilyn Potenza who moved for its adoption seconded
by Mr. George Kurosaka:
RESOLVED, that the Town Board hereby moves into executive session to discuss proposed
construction litigation.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr.Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
(Adjourned into Executive session)
RESOLUTION TO COME BACK INTO SESSION
RESOLUTION NO. 206, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that the Town Board hereby moves back into regular session.
Duly adopted by the following vote
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
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Noes: None
Absent: None
Supervisor Borgos-We are now back into general session and in executive session
we have discussed problem areas in the construction of the Town Office Addition
and Activity Center. Regarding the Architectural Firm of Saratoga Associates we
have received by memorandum and telephone notification that they no longer wish
to preform profession services. The Town Board has determined that they wish to
continue construction without an architect, and at this time they wish by resolution
to name Mr. Peter Brault and myself to oversee the project, review construction
and approve vouchers for payment. The Town Board also wishes to engage a Special
Counsel for possible construction litigation, Mr. Patrick J. Tomaselli of Troy,
New York a mechanical engineer and lawyer specializing in Construction Law and
by resolution tonight we will enter into a contract with Mr. Tomaselli.
RESOLUTION NAMING OVERSEERS
RESOLUTION NO. 207, Introduced by Mr. Ronald Montesi who moved for its adoption,
seconded by Mr. Marilyn Potenza:
WHEREAS, the firm of Saratoga Associates was engaged by the Town of Queensbury
to oversee the construction of the Town Office Addition and Queensbury Center,
and
WHEREAS, Saratoga Associates has notified the Town of Queensbury that they no longer
wish to provide professional services on this project NOW THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Mr. A.
Peter Brault and Supervisor Stephen Borgos to review the construction of the said
projects and upon acceptance approve vouchers for the construction of the Queensbury
Town Office Building Addition and Queensbury Center.
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potneza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None
RESOLUTION TO RETAIN COUNSEL
a9y ��tr
RESOLUTION NO. 208, Introduced by Mr. George Kurosaka who moved for its adoption,
seconded by Mr. Ronald Montesi:
WHEREAS, the Town Board is concerned with the prospect of litigation in regard
to the construction of the Town Office Building and the construction of the Queensbury
Center and
WHEREAS, the Town Board feels that it should seek professional counsel who has
expertise in construction law
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby retains Mr. Patrick
J. Tomaselli of Troy, New York a Counsel who specializes in construction law and
be it further
RESOLVED, that the fee charged for such services will not exceed Ninety-five Dollars
($95.00) per hour and not exceed Two Thousand Dollars ($2,000.00).
Duly adopted by the following vote:
Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
Noes: None
Absent: None