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1991-02-28 SP '1:.1. SPECIAL TOWN BOARD MEETING FEBRUARY 18, 1991 1:07 P.M. MTG. 8 RES. 133-137 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman George Kurosaka Councilman Marilyn Potenza A ttorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Ronald Montesi Councilman Betty Monahan / Supervisor Borgos-Opened the Meeting - Requested Town A ttorney to speak to the Town Board regarding the A viation Mall A ttorney Dusek-I think this Board is somewhat familiar with the sewer connection by the A viation Mall and there was some concern back a while ago concerning the hook up and lengths of time they wanted to hook up to the sewer district as well as some issues they had raised as to whether they should have to pay for full years sewer service in light of the fact that the sewer was only available to them as October 7, 1989. In any event an agreement has been reached with, this is their agreement they proposed it, so I assume that they are in agreement with this proposal. Whereby the Town would refund to them 75% of the 7985 sewer cost paid for operation and maintenance. This would be basically through, if you figure out 9 months, January 7st. through October 1st. The second thing is that they will agree to pay all other taxes for 88, 89 and 90 and they will not challenge them. In addition they were going to request an extension of time of three years in which to hook up their entire plaza however they understand that during this tim~ period they will still be required to pay all sewer charges ;ust because they are not hooked up they still pay. The Town is basically agreeing that it has no problem with this except that and they will obtain a variance and whatever else is necessary to give them some time or if we need to we are sot'ing we do not have any difficulties in amending the local laws. We are not agreeing to necessarily legislate you are ;ust agreeing that you will, that this is what your intent is. You further agree that they do not have to cap their floor drains in the mall, this was a bone of contention with them because they say they clean the floors and they need a place for the water to go when they are done cleaning it, and Tom Flaherty has since indicated that he and the City do not have a problem with that. They want another further sum of $773.00 of interest for over paid amounts this figure actually though has more to do than ;ust interest, I cannot remember what it was now, they are considering it interest and they feel that" they are entitled to that amount. Six, the parties agree that the sole cost and expense, that we can inspect their sewer lines at our costs. Seven, is ;ust a canned language that this is the entire agreement and if anything is illegal that, that part will be void and the rest of the agreement will stand. Eight, is ;ust saying that this binds everybody including errs and its successors. Nine, if you have got any notices you have to send them return receipt requested. Ten, if the agreement'will not be binding until the Town Board actually passes a resolution authorizing Steve to sign this agreement. It has turned into a relatively straight forward agreement at this point. Supervisor Borgos-rvoted that this would be a credit rather than a refund...it is the easiest way for us to hand it in our billing. A ttorney Dusek-What I would suggest that, is that, instead of when the Board, if this is acceptable to the Board we entertain a resolution we ;ust indicate that it will be a refund or credit and that the agreement will be amended accordingly. RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT WITH AVIATION MALL RESOLUTION NO. 133, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury is the governing Board for the Central Queensbury Quaker Road Sewer District has heretofore established rules and regulations and local laws concerning, effecting, and controlling the hookup of properties to the said sewer district in the Town of Queensbury ard the payment of taxes runs from other types of fees for use of said systems by owners and properties within the said sewer district and WHEREAS, the Pyramid Company has raised issues and potential claims concerning the imposition of sewer rents in the aforesaid district and has also made certain requests concerning hookup times and methods and / ,r ... 9,]. WI!EREA~þ on agreement ,concerning the issues raised by Pyramid has been presented at thIs mee~tng 0 copy of whIch has been presented to the individual Town Boord Members NOWþ THEREFORE BE IT RESOL VEDÞ, the Town Boord of the Town of Queensbury hereby approves the agreement presen,ted wIth th~ exception tha,t rath,er that issuing Pyramid Company a refund perhaps o credIt would be Issued at the dIscretIOn of the Chief Fiscal Officer and BE IT FUR THER RESOL VEDþ that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Supervisor to execute the agreement on behalf of the Town of Queensbury and tokes such other steps as may be necessary to implement the terms of the agreement, Duly adopted this 28th day of Februaryþ 7997 by the following vote: Ayes: Mr. KurosakaÞ Mrs. Potenzaþ Mr. Borgos Noes: None Absent: Mr. MontesiÞ Mrs. Monahan Supervisor Borgos-I need a resolution to authorize them the credits for those properties in contracts 5 & 6 which were also not able to be served for a portion of 89 operation and maintenance onlyþ and then for contract # 7 operation and maintenance for the entire year 7990 because those people were not able to use the grinder pump systems for 1990. RESOLUTION REGARDING POLICY AND PROCEDURES FOR REFUNDS OR CREDITS-CENTRAL QUEENSBUR Y QUAKER ROAD SEWER DISTRICT RESOLUTION NO. 134, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoptionÞ seconded by Mr. Géorge K urosaka: WHEREASþ the Town Board of the Town of Queensbury as governing Boord of the Central Queensbury Quaker Rood Sewer District has reviewed the timing in which sewer services were mode available to various property within the district and is desirous of establishing o policy and procedure whereby certain refunds or credits would be allowed. NOWþ THEREFORE BE IT RESOL VEDþ the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor os Chief Fiscal Officer to review properties that ore located in the Sewer District which were effected by contracts five and six and which did not hove sewer services available to them or for which it was not possible ta hook up sewer services until October 7þ 1989 and determine whether or not those properties may be entitled to a refund or credit and if so to process any refunds or credits that those properties may be entitled to up to on amount not to exceed 75% of the operation and maintenance cost assessed for the year 1989 and BE IT FUR THER RESOL VEDþ that in connection with thosf! properties effected by contract #7 insofar os those properties did not hove sewer service available to them by reason of grinder pumps that required by contract # 7 the Town Boord hereby determines that it would be appropriate to refund or credit those amounts assessed for operation and maintenance for the entire year 1990. Duly adopted this 28th day of Februaryþ 7991þ by the following vote: Ayes: Mr. Kurosakaþ Mrs. PotenzaÞ Mr. Borgos Noes: None . Absent: Mr. Montesiþ Mrs. Monahan Supervisor Borgos-Announced a large parade scheduled for Saturday afternoon at 3:00 P.M. starting at the Queensbury Town Office Building goes down Haviland Rood to Hiland Park and weather permitting there will be a Hot Air Balloon lift off with an American Flag and Yellow Ribbon hanging from it...Mr, Grishkot and Mr. A von has gotten permission from the County to use Haviland Rood and there will be Sheriff's Patrol thereÞ the West Glens Falls and Bay Ridge Emergency Squads will be here in case they are needed. We will have to block off the intersection of Meadowbrook Rood and Haviland Rood for the duration of the paradeþ it also would be appropriate to block off Meadowbrook Road the whole northerly portion of trfeadowbrook Rood from the lost house up so people can park along the side , 9''1 side of that road... RESOLUT/pN TO TEMPORARIL Y CLOSE ROAD FOR PARADE RESOL UTlON NO. 135, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes the intersection of Meadowbrook Road at Haviland Road be blocked off during the parade to be held on March 2, 1991 at approximately 3:00 P.M. and BE IT FUR THER RESOL VED, thot northerly portion of Meadowbrook Road be blocked from the last house up to allow people to park along the side of the road during the parade and be it further ) RESOL VED, that this is subject to the approval of the Town of Queensbury Highway Superintendent, Mr. Paul Naylor. Duly adopted this 28th day of February, 1991 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Borgos Noes: None Absent: Mr. Montesi, Mrs. Monahan Supervisor Borgos-Noted that a letter from QEDC requesting that Edward Allard President of Kamyr be appointed ta the Board of Directors of QEDC.. RESOL UTlON OF APPOINTMENT TO QEDC RESOLUTION NO. 136, 1991, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Marilyn Potenza: ,.... RESOL VED, that the Town Board of the Town of Queensbury hereby appoints Mr. Edward Allard of Queensbury as a member of the Queensbury Economic Development Board of Directors. Duly adopted this 28th day of February, 1991 by the following vote: ) --- Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Borgos Noes: None Absent: Mr. Montesi, Mrs. Monahan Supervisor Borgos-Regarding Hovey Pond work, we hove 0 four stage process in engineering, you hove already approved stage one for the engineers to come in and do on original analysis of things for us and to meet with DEC, that was done several meetings ago, and then they hove a second proposal that I authori zed the beginning of and not the whole thing this was for Rist Frost to "!eet with Paul Dusek and the property owners of 73 Quaker Rood to discuss the needs of Hovey Pond and to work out on agreement for the easements and that 011 has, been done now I just wont to be sure that w'e hove Town Boord approval on the record, that was not to exceed $4,900. for engineer services my guess that will come in substantially below, the first one come in below. A further resolution accepting 0 proposal from R ist Frost at 0 price not to exceed $9,600. for large scope of services going from where we left off to update the previous field surveys, prepare 0 written narrative describing the sequence of construction and the diversion of the stream channel modify the conceptual drawings presented earlier prepare 0 letter to DEC requesting permit modifications make changes per DEC review, contact New York Dam safety division, contact the mining division, develop 0 written narrative for describing the proposed mining operation to reclaim the site, develop cross sections indicating final conditions, complete the permit applications prepare a letter transmitting the required information, make changes per review. That will toke us 011 the way through knowing what we hove to do there os for os excavation, permits to move everything and the construction of the dam, everything except the design of the dam. / '- RESOLUTION TO RETAIN RIST FROST/HOVEY POND RESOLUTION NO. 137, 1991, Introduced by Mrs. Marilyn Potenza who moved for its adoption, seconded by Mr. George K urosaka: RESOL VED, the Town Boord of the Town of Queensbury hereby authorizes and approves 9s-- the retention of the services of Rist Frost Associates for purposes of being part of the negotiations with the Town A ttorney and 73 Quaker Road Associates to resolve the issues of the easements related to the dam area of the pond at an amount not to exceed $4,900.00 and be it further RESOL VED, that the Town Board of the Town of Queensbury hereby authorizes and approves the retention of the services of Rist Frost Associates for purposes of updating previous field surveys, prepare a written narrative describing the sequence of construction and the diversion of the stream channel modify the conceptual drawings presented earlier prepare a letter to DEC requesting permit modifications make changes per DEC review, contact New York Dam safety division contaèt the mining division, develop a wri,tten narrative for describing the proposed mining operation to reclaim the site, develop cross sections indicating final conditions, complete the permit applications prepare a letter transmitting the required information, make changes per review, and BE IT FUR THER RESOL VED, that payment for services of Rist Frost shall come from the Hovey Pond Capital Project Fund. Duly adopted this 28th day of February, 7997 by the following vote: Ayes: Mr. Kurosaka, Mrs. Potenza, Mr. Borgos Noes: None Absent: Mr. Montesi, Mrs. Monahan On motion the meeting was adjourned. Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury ,'" .-'