Loading...
1998-06-25 SPECIAL TOWN BOARD MEETING JUNE 25, 1998 3 :00 p.m. MTG. #30 RES. 250-251 TOWN BOARD MEMBERS SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER SUPERVISOR CHAMPAGNE-Opened the Meeting 2.1 THE EDDY GROUP Re: Tax Exempt Status under Section 428 Town Counsel Hafner-The question, does this meet an exclusive charitable use tests, where the property will be used exclusively for charitable purposes? Assessor Mrs. Otte-My conclusion is that they do not meet the property use requirements of exclusive use for charitable purposes, TOWN COUNSEL HAFNER-Reviewed for the Board their options, ...suggested a resolution of the board to deny exemption because it does not meet the required exclusive charitable use test and then Mrs. Otte and I will prepare a response to them detailing why we think that they do not qualify, we can tell them we would be glad to work with them in other ways. . . Board agreed. 2.2 ATTORNEY FOR CRACKER BARRELL (Awaiting for Attorney) SUPERVISOR CHAMPAGNE-Hudson River Park RFP's are out there to three different contractors they are due July 2nd. Hopefully the first part of August the project will be underway and by mid August completed. 3.3 MOREAU WATER TOWN COUNSEL HAFNER-Reviewed the contract...page 3 leave the figure of fifteen million page 5 two twenty thirds, leave... paragraph C changed one of the letters to 8B should be 8C. . River Crossing-page 7 - Queensbury's sole cost shall make the necessary extension to provide a water transmission pipe line at the connecting point on the Queensbury side of the Hudson River Bank... this says that we will make the extensions to get the water there to go across the river. . . next change they are going to own the river crossing and we are not to put taxes on it. . . page 9 they want us to guarantee the flow capacity and not just based on the engineer statements and they increased it from a million five which is what the engineer said to two million, recommended that, that not be accepted. . . board agreed to return to original language . . . page 12 they are going to pay us five hundred and thirty thousand at the time the contingency in cash half in cash up front and the other half over a period of twenty years, The Town agrees. . . Page 13... noted he felt the language is not clear enough, it looks like the way it is worded that they might not pay us part of the first payment and not part of the twentieth payment, that part we cannot accept, we have got to be paid the full amount. . . that will be have to be clarified. . . River Crossing payment, the contract should say that we will pay that portion and they will pay us back the following amounts. . . .Rick McCarthy suggested that there should be language saying that we have the right to use alternative more efficient financing methods, he thinks the Town of Moreau could finance it directly with EFC at a better deal for them and then we would be out of the loop. . . if we stay with them borrowing from us Henry requested a higher percentage. . . suggested floating rate in line with investments. . . suggested to set the interest rate at our current rate and give them a five year balloon. .then re-negotiate or have the balloon expire. . . board agreed to do a balloon. . . page 14 B 1 five cents per thousand was eliminated, board noted the amount should be consistent with what we do with Hudson Falls... we are going to clarify average total water production..page 16 they added a sentence that our fund balance has to be applied in its entirety the following year.. . how we handle our funds is our business.. . page 21 re-financing that is irrelevant to them suggested that be deleted... page 26 assignable: we said that they cannot assign the agreement, they changed it to say that they would be allowed to sell water to municipalities or users outside the Town of Moreau.. . that is a no... Requested another workshop on Moreau and Hudson Falls water contract.. . tentative Thursday at 4:00P.M. 2.2 ATTORNEY FOR CRACKER BARRELL TOWN COUNSEL SCHACHNER-The applicant has requested that my firm and I be disqualified from representing the town in this application because five years ago my firm and I represented the neighbors who were opposed to the Red Lobster, in the interim there has been another proposal for the rezoning, about two years ago when my firm and I represented the Town and no one had a problem with the same applicant, same counsel, same everybody else. The former town board when this issue was brought up we said we do not see a problem here but they do have a potential claim out there, the former Town Board said lets not open that up to them lets seek special counsel which we can do, you have not dealt with that as a group as an issue, the time for that is now. The applicants Attorney John Lemery stated to me that he has no problem with me, the problem is Charles Woods and Josie Beckos because, they do not want me to participate.. . Four options: 1. Stay as council, we do not believe there is a conflict. 2. Use the firm but use Attorney Friedland 3. The town believes that our counsel is qualified and eligible but if their request is for the town to use special counsel then the Town is willing to use special council if they are willing to reimburse the Town for the extra expenses 4. Obtain special council at the Town's expense. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 250.98 INTRODUCED BY: MR. DOUGLAS IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RICHARD MERRILL RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session under Attorney Client Privilege. Duly adopted this 25th day of June, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None (Councilman Merrill left the meeting at 5: 15.M.) RESOLUTION ADJOURNING MEETING RESOLUTION NO. 251.98 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Meeting. Duly adopted this 25th day of June, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Merrill Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury