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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 153 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 154 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 155 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 156 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 158 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