Loading...
1995-04-26 SPECIAL TOWN BOARD MEETING APRIL 26,1995 7:00 p.m. MTG.#27 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN THEODORE TURNER COUNCILMAN NICK CAIMANO COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN BOARD MEMBERS ABSENT COUNCILMAN BETTY MONAHAN PLEDGE OF ALLEGIANCE LED BY SUPERVISOR FRED CAMPAGNE Supervisor Fred Champagne-Opened the Meeting. Good evening and thank you very much for joining us. Mrs. Monahan from Ward I is not with us this evening she is traveling down south of here so we will have to excuse her for the evening, she indicated to us however that certainly she will miss the meeting and will be anxious to hear all about it when she gets back. I have a few house keeping chores that I would like to share with you kind of set some ground rules if I may. The Board will be joining you down there in the living room setting here in just a moment. There are few things we would like to get on the record up front, however the meeting will not be taped, will not be recorded. So, what is said tonight will either be left here or for those of you that would like to take it with you, you are welcome to do that, but it will not be on public record. I am going to read this to be sure that I know what I say and what I say is what I know. I would like to begin by giving the privilege of the floor to anyone who would be impacted by the project. After hearing from a few of you within approximately twenty five to thirty minutes I would like to at that point ask Mr. Brock for any comments he may have. I would ask that you raise your hand I will serve as the chair and be recognized by the chair. Give your name your residence and certainly that would be of value to us, to know who is doing the talking. I would request that you use no more than three minutes during your presentation. Nick here has volunteered to be our time keeper. At least do this for the first go around after everyone has had the opportunity to speak as a first time around then we ask for those of you that may want to come in as a second time speaker. Let me talk a little bit about the purpose of our meeting this evening. The Town Board believes that both parties need an opportunity to express their feelings relative to the mooring post project in the presence of the Town Board and other impacted parties. We further believe that this brain storming session will facilitate and foster a plan for Mr. Brock and the residents to proceed together. The Town Board is here tonight therefore to facilitate the meeting and to listen and we will listen and I will promise you that of the concerns of the residents and certainly Mr. Brock. I would like to suggest that we close the meeting at about nine o'clock this evening and I think that is a fair time to give the expressions made. At this point I would like to call on Mr. Dusek to further explain any of the legal ramifications as we perceive through the meeting. ATTORNEY PAUL DUSEK-Fred and I have had a few discussions about this meeting tonight as you might expect. I have also briefly talked to the various members of the board as well. The Town, the Town Board obviously is concerned about the situation over the Mooring Post as representatives of government. They do not like to see a situation where their citizens are having problems of the natures that is going on up in the northern part of Lake George, or the northern part of Queensbury on the southern part of Lake George. But, also the Town Board as well as myself I think has to be sensitive to the fact that there is other things that are going on in the environment besides just a project. We have litigation involving the ZBA that is pending in Court we also have a notice of claim that I am sure that everybody who has been following the papers knows has been filed against the Town. It does not mean that there is a lawsuit but it is a notice of claim to protect whatever rights that Mr. Brock may feel he has. As a result of all of that we are sensitive to the legal issues that could develop as result of such a meeting. However, having said that the Town Board though still feels that its in everybodys best interest to see if something can't come out of a meeting where some conversations occur and maybe some ideas are generated in order to come up with something that may resolve the issue. We do not know what that will be by the way, but it was thought that such a meeting cannot hurt anything. In light of though the concerns, I have made recommendations, or certain recommendations to the Town officials which I think in fairness to the Town Officials you should know about and put the blame where it belongs in case you feel certain things should be said or addressed that will not be addressed tonight. It has been my recommendation that there be no discussion on the matters that led up to where we are, I do not think that is going to serve any purpose. I think what we need to look at if it is possible tonight is from here forward. Is there something that can be done up in the Mooring Post Marina area that will resolve Mr. Brock's issues as well as that of the neighbors. To rehash the previous events is not going to serve anybodys interest. In addition to that I think it also has to be said that the, or at least so everybody understands, the Town Board is not in a position and I do not want anybody to think it is, that it is somehow going to influence the ZBA as to its review of these matters and its handling of the law. That is not the purpose of this meeting either. There are certain proceedings before the Zoning Board of Appeals, maybe something happens or an idea comes out tonight that can be used before future ZBA Meetings but it is not the intent of this meeting to somehow force the ZBA into a particular action or require certain things of that organization, rather this is an idea meeting. It is meant to explore any possible solutions that may help to resolve matters up there in terms of what kind of project what kind of buildings what can be done factually with this situation. So, I want to put those few basic grounds rules on the record here. It is the Town Board's attempt to want to facilitate but it is not the Town Board's intent to obviously to do anything that would either jeopardize the interest of the Town or embark upon some action that would be questionable in terms of the law. So, hopefully we will have a friendly sharing of ideas and maybe accomplish something as a result of tonight. Supervisor Champagne-Thank you Paul. Has the Town Board anything more to add to that? None... Moved to informal session with the public... On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury