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1980-10-06 SP i i 279 RFcntuTION NO 987 INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON RESOLVED, THAT THE TOWN BOARD HEREBY CALLS FOR AN EXECUTIVE SESSION TO DISCUSS POLICE NEGOTIATIONS . I DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR . MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE I ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. j RESPECTFULLY SUBMITTED, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY SPECIAL TOWN BOARD MEETING OCTOBER 6, 1980 I MEMBERS PRESENT: j SUPERVISOR FRANCES WALTER i COUNCILMAN DANIEL OLSON COUNCILMAN DANIEL MORRELL COUNCILMAN HAMMOND ROBERTSON t TOWN COUNSEL JOSEPH BRENNAN MEMBERS ABSENT : COUNCILMAN DR. CHARLES EISENHART MEETING OPENED 4 : 36 P.M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN OLSON { SUPERVISOR WALTER ANNOUNCED THAT COUNCILMAN EISENHART WILL NOT BE PRESENT TONIGHT—HE IS OUT OF THE COUNTRY . TOWN CLERK DONALD A. CHASE TURNED COPIES OF THE TENTATIVE BUDGET OVER TO THE TOWN BOARD. I SUPERVISOR WALTER--ANNOUNCED THAT THE TOWN BOARD WILL BE WORKING ON THE BUDGET IN WORKSHOP SESSIONS. . . RESOLUTION TO AUTHORIZE APPLICATION FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO. 288 . INTRODUCED BY COUNCILMAN DANIEL OLSON WHO MOVED i FOR ITS ADOPTION, SECONDED BY COUNCILMAN DANIEL MORRELL : j WHEREAS, THE TOWN OF QUEENSBURY IS ELIGIBLE FOR FUNDS FROM THE NEW YORK STATE DIVISION FOR YOUTH AND WHEREAS, HAROLD R. HANSEN, RECREATION DIRECTOR, HAS PREPARED APPLICATION FOR THE TOTAL AMOUNT OF MONIES WHICH THE TOWN OF QUEENSBURY IS APPLYING FOR IN THE YEAR 1981 FOR RECREATION FUNDS IN THE AMOUNT OF $19, 781 . 50 FOR THE ADMINISTRATION, SUPERVISION AND OPERATION OF YEAR ROUND RECREATION PROGRAMS AND ACTIVITIES, NOW, THEREFORE BE IT I RESOLVED, THAT THE TOWN BOARD AUTHORIZE FRANCIS J . WALTER, SUPERVISOR `— TO SIGN THE ABOVE APPLICATIONS FOR SUBMISSION TO THE NEW YORK STATE DIVISION FOR YOUTH. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. MORRELL, MR . ROBERTSON, MRS . WALTER NOES : NONE ABSENT: DR. EISENHART HAROLD HANSEN-RECREATION DIRECTOR-SPOKE TO THE BOARD ABOUT RECREATION FUNDING. . . HAVE ASKED FOR $19.1781 , 50 COUNCILMAN MORRELL- THE PORTION OF YOUR SALARY THAT WILL COME OUT OF THIS, WHAT WILL HAPPEN IF THIS CEASES TO EXIST? HAROLD HANSEN-MY SALARY HAS ALWAYS BEEN BORNE BY THE TOWN ANYWAY . . . RESOLUTION TO ACCEPT BID RFgniuTTntsLNn 289 _ INTRODUCED BY MR . HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN BOARD DIRECTED THE DIRECTOR OF PURCHASING TO SOLICIT BIDS FOR THE PURCHASE AND INSTALLATION OF INSULATION FOR THE POLICE HIGHWAY BLDG. AND WHEREAS, THE PROPOSED PROJECT WAS DULY ADVERTISED IN THE LOCAL NEWSPAPER' I AND WHEREAS, THREE BIDS WERE OPENED AND READ ALOUD ON SEPTEMBER 23RD. 1980 AT 2 : 00 P. M. AND WERE THEN TURNED OVER TO MR. THOMAS FLAHERTY FORHIS RECOMMENDATION, AND WHEREAS, MR. THOMAS FLAHERTY HAS RECOMMEN® THE LOW BID OF HOOPER INSULATION PRODUCTS CO. OF MIDDLE GRANVILLE, N.Y . BE ACCEPTED, NOW, THERE-- FORE BE IT RESOLVED, THAT THE TOWN BOARD UPON MR. FLAHERTYtS RECOMMENDATION AWARD THE BID TO HOOPER INSULATION PRODUCTS CO. OF MIDDLE GRANVILLE, N. Y. THE AMOUNT OF THE BID BEING $2, 740 . 00 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT : DR. EISENHART DISCUSSION HELD ON MODIFLE)AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND TORRINGTON CONSTRUCTION CO . TOWN COUNSEL JOSEPH BRENNAN REVIEWED THE CHANGES IN THE MODIFIED AGREEMENT. . . COUNCILMAN OLSON- NOTED THAT THIS WILL SUPPLY SAND FOR THE ROADS AND IN THE LONG RUN A HOLE FOR OUR LANDFILL . . . DANIEL GEALT- ASKED THE FOLLOWING. . . HOW DO WE DETERMINE HOW MUCH IS LEFT AND WHERE IS IT GOING TO BE STOCKPILED? TOWN COUNSEL- IT WILL BE STOCKPILED AT THE LANDFILL COUNCILMAN ROBERTSON- TORRINGTON IS GOING TO MAKE A 22, 000 YD . PILE AND WILL FILL IT UP ONCE A YEAR . . . RESOLUTION TO MODIFY AGREEMENT OF SEPTEMBER 14, 1978 WITH TORRINGTON CONSTRUCTION COMPANY, INC . RE : LANDFILL PROPERTY RFr,nillTTnm Nin 2qn INTRODUCED BY MR . DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR., HAMMOND ROBERTSON : WHEREAS, BY DEED DATED SEPTEMBER 7, 1972, TORRINGTON CONSTRUCTION COMPANY, INC. CONVEYED CERTAIN PREMISES TO THE TOWN OF QUEENSBURY UNDER THE TERMS OF WHICH DEED TORRINGTON EXCEPTED AND RESERVED TO ITSELF THE USE AND OCCUPANCY OF CERTAIN PORTIONS OF THE PREMISES CONVEYED FOR CERTAIN PERIODS SPECIFIED IN SAID DEED, AND WHEREAS, TORRINGTON FURTHER RETAINED ALL STONE, SAND, GRAVEL, MINERAL AND WATER RIGHTS TO SAID PORTIONS OF THE PREMISES DURING THE SPECIFIED PERIODS, AND WHEREAS, SAID PREMISES ARE SITUATE AT THE EXISTING SANITARY LANDFILL PRESENTLY BEING OPERATED BY THE TOWN OF QUEENSBURY AND THE CITY OF GLENS FALLS ON RIDGE ROAD, AND WHEREAS, IT IS AND HAS BEEN ESSENTIAL FOR THE SUCCESSFUL OPERATION OF SAID JOINT LANDFILL FACILITY THAT PROVISIONS BE MADE FOR THE EXPAN- SION THEREOF ONTO THE LANDS CONVEYED BY TORRINGTON BY SAID DEED, AND WHEREAS, IT HAS BEEN BENEFICIAL TO THE OPERATION OF THE JOINT LANDFILL TO ALLOW TORRINGTON TO CONTINUE MINE AND EXCAVATION ACTIVITIES UPON THE LANDS CONVEYED BY TORRINGTON IN ORDER THAT THE USEFUL LIFE OF SAID SANITARY LANDFILL ?MIGHT BE EXPANDED AND WHEREAS, THEREFORE, THE TOWN OF QUEENSBURY AND TORRINGTON ENTERED INTO A WRITTEN AGREEMENT ON OR ABOUT SEPTEMBER 14, 1978, A COPY OF WHICH IS ANNEXED HERETO, UNDER CERTAIN TERMS OF WHICH TORRINGTON AGREED TO PROVIDE CERTAIN SPECIFIED QUATITIES OF PROCESSED SAND TO THE TOWN CF QUEENSBURY FOR USE BY THE TOWN IN SANDING HIGHWAYS AND WHEREAS, UNDER THE TERMS OF SAID AGREEMENT OF SEPTEMBER 14, 1978, TORRINGTON AGREED TO ALLOW THE TOWN OF QUEENSBURY TO USE TRUCK WEIGHING SCALES OWNED BY TORRINGTON IN CONNECTION WITH THE JOINT LANDFILL OPERA- TION AND FURTHER AUTHORIZED THE TOWN TO RELOCATE SAID TRUCK WEIGHING SCALES TO ANY LOCATIO WITHIN H" N H N T. E JOINT LANDFILL SITE WHICH THE TOWN AND CITY DETERMINED TO BE APPROPRIATE FOR THEIR USE IN MAINTAINING AND OPERATING THE SANITARY LANDFILL, AND WHEREAS, AS CONSIDERATION THEREFORE, THE TOWN AGREED UNDER THE TERMS OF THE SEPTEMBER 14, 1978 AGREEMENT TO WEIGH TORRINGTONPS TRUCKS AND THE TRUCKS OF TORRINGTON'S CUSTOMERS ON SAID SCALES IN CONNECTION WITH TORRING- TONS ' MATERIAL PROCESSING OPERATION AT SAID LANDFILL SITE AND FURTHER AGREED TO PAY ALL MAINTENANCE COSTS AND TO PROVIDE ALL PERSONNEL NECESSARY FOR OPERATING SAID SCALES DURING THOSE PERIODS WHEN THE LANDFILL IS OPEN FOR PURPOSES OF RECEIVING WASTE MATERIAL FOR DEPOSIT AND DISPOSITION AND WHEREAS, THE TOWN THEREAFTER OPTED NOT TO USE SAID SCALES OF TORRINGTON TO WEIGH REFUSE AND WASTE MATERIALS BEING DEPOSITED IN THE TOWN OF QUEENS- BURY CITY OF GLENS FALLS JOINT LANDFILL AND WHEREAS, THE TOWN HAS NOT PROVIDED MAINTENANCE, SERVICE, OR PERSONNEL NECESSARY TO PERATE SAID SCALES AND HAS NOT WEIGHED TORRINGTON'S TRUCKS AND THE TRUCKS OF TORRINGTON'S CUSTOMERS ON SAID SCALES AS PROVIDED FOR IN THE SEPTEMBER 1978 AGREEMENT, AND WHEREAS, THE TOWN OF QUEENSBURY IS DESIROUS OF MODIFYING THE SEPTEMBER 14, 1978 AGREEMENT TO DELETE THEREFROM THE TOWN ' S OBLIGATIONS TO TORRINGTON RELATIVE TO THE WEIGHING OF TRUCKS OF TORRINGTON AND TORRING- TO CUSTOMERS, N N S OM R U T E S, A D WHEREAS, NEGOTIATIONS AND DISCUSSIONS HAVE BEEN HELD WITH TORRINGTON CONSTRUCTION COMPANY, INC. FOR THE PURPOSE OF ATTEMPTING TO ARRIVE AT AN ACCEPTABLE MODIFICATION OF THE SEPTEMBER 14, 1978 AGREEMENT, AND WHEREAS, A PROPOSED MODIFICATION AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE TORRINTON CONSTRUCTION COMPANY INC . HAS BEEN PREPARED FOR CONSIDER- ATION BY THE TOWN BOARD FOR APPROVAL, A COPY OF WHICH PROPOSED MODIFICATION AGREEMENT IS ATTACHED HERETO, AND WHEREAS, UNDER THE TERMS OF SAID AGREEMENT, THE TOWN OF QUEENSBURY WILL RECEIVE FAIR AND ADEQUATE CONSIDERATION IN EXCHANGE FOR THE BENEFITS THERE- IN DESCRIBED TO BEC)NFERRED UPON TORRINGTON CONSTRUCTION COMPANY, INC . AND WHEREAS, IT APPEARS THAT THE TOWN OF QUEENSBURY WILL RECEIVE BENEFITS THEREUNDER WHICH WILL ELIMINATE THE NECESSITY FOR CERTAIN FINANCIAL EX- PENDITURES TO BE MADE IN OPERATING THE LANDFILL AND TO PROVIDE FOR SANDING OF HIGHWAYS, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY ENTER INTO THE PROPOSED MODIFICATION AGREEMENT WITH TORRINGTON CONSTRUCTION COMPANY INC . AND THE FORM IS ATTACHED HERETO, AND IT IS FURTHER RESOLVED, THAT THE SUPERVISOR BE AND SHE HEREBY IS AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF THE TOWN OF QUEENSBURY . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT : DR. EISENHART DISCUSSION HELD REGARDING LANDFILL. . .MR. GEALT QUESTION IF HE DID WORK FOR THE LANDFILL WAS HE TO BE CHARGING FOR THE LABOR ON SUCH WORK. . . IT WAS NOTED THAT MR, COUGHLAN WAS OBJECTING NOTING THAT HE DID NOT CHARGE FOR LOADING THE HIGHWAY TRUCKS . . . IT WAS DECIDED TO BRING THIS BEFORE THE LANDFILL COMMITTEE . . . 'i 282 RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 291 , INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY MR . HAMMOND ROBERTSON : RESOLVED, THAT THE TOWN BOARD HEREBY MOVES INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR . OLSON, MR. MORRELL, MR. ROBERTSON, MRS . WALTER NOES : NONE ABSENT : DR. EISENHART ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY RESOLUTION TO RETAIN JORDAN AND HAFNER, INC . TO PREPARE APPRAISALS TO DEFEND PENDING TAX ASSESSMENT REVIEW PROCEEDINGS R . Oi ITT KIQ 149`, INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, THERE ARE CERTAIN TAX ASSESSMENT REVIEW PROCEEDINGS PENDING IN THE SUPREME COURT OF WARREN COUNTY AND WHICH THE OWNERS OF REAL PFPERTY SITUATE IN THE TOWN OF QUEENSBURY HAVE CHALLENGED THE PROPR WYt VALIDITY AND LEGALITY OF THE ASSESSMENTS OF THEIR RESPECTIVE REAL. PROPERTIES A$ SAID ASSESSMENTS APPEAR IN THE TAX ROLLS OF THE TOWN OF QUEENSBURY AND WHEREAS, JOSEPH R. BRENNAN, COUNSEL TO THE BOARD, HAS ADVISED THE BOARD THAT IT IS ESSENTIAL TO PROCURE PROFESSIONAL APPRAISALS RELATIVE TO THESE VARIOUS PROPERTIES IN ORDER TO PROPERLY DEFEND THE SAME IN THE PENDING J SUPREME COURT ACTIONS, AND WHEREAS, JOSEPH R. BRENNAN, HAS INFORMED THE BOARD THAT UNDER THE RULES OF THE APPELLATE DIVISION-THIRD DEPARTMENT PERTAINING TO TAX ASSESSMENT REVIEW PROCEEDINGS, NO PROOF MAY BE OFFERED AT TRAIL AS TO THE VALUE OF THE PROPERTY INVOLVED UNLESS AN APPRAISAL PREPARED IN ACCORDANCE WITH THE RULES OF THE APPELLATE DIVISION-THIRD DEPARTMENT IS PREPARED AND FILED WITH THE COURT, AND WHEREAS, THE TOWN HAS SOLICITED A PROPOSAL FROM JORDAN AND HAPNER, INC . OF ALBANY, NEW YORK, FOR THE PREPARATION OF APPRAISALS OF PROPERTIES OWNED BY FRAMMIS DEVELOPMENT COMPANY, INC . , CALE OF GLENS FALLS, IND. , JOHN BURKE APARTMENTS, INC . AND THE OWNERS OF ZAYRETS AND WHEREAS, JORDAN AND HAFNER, INC . HAVE SUBMITTED THEIR PROPOSAL DATED APRIL 21, 1980 WHICH THEY OFFERED TO UNDERTAKE AND PREPARE SAID APPRAISALS FOR THE TOTAL SUM OF SEVENTEEN THOUSAND AND NO/100 DOLLARS ($17, 000 . 00) WITH DISCOUNTS AS DESCRIBED THEREIN, AND WHEREAS, THE TOWN BOARD HAD PREVIOUSLY, IN OTHER YEARS REACHED AGREEMENT WITH THE BOARD OF EDUCATION OF THE QUEENSBURY UNION FREE SCHOOL DIST- RICT TO SHARE THE COST OF THE DEFENSE OF TAX ASSESSMENT REVIEW PRO- CEEDINGS ON AN EQUAL BASIS, -- NOW, THEREFORE BE IT RESOLVED, THAT JORDAN AND HAFNER, INC . BE RETAINED BY THE TOWN OF QUEENS-- BURY TO PREPARE APPRAISALS FOR THE DEFENSE OF THE TAX ASSESSMENT REVIEW PROCEEDINGS COMMENCED BY FRAMMIS DEVELOPMENT COMPANY, INC . , CALE OF GLENS FALLS, INC . , JOHN BURKE APARTMENTS, INC . AND THE OWNERS OF ZAYRE' S AND BE IT FURTHER RESOLVED, THAT SAID RETENTION OF JORDAN AND HAFNER, INC . IS SPECIFICALLY I I 2,Fi 3 CONDITIONED ON THE AGREEMENT OF THE BOARD OF EDUCATION OF THE QUEENSBURY UNION FREE SCHOOL DISTRICT TO SHARE EQUALLY WITH THE TOWN OF QUEENSBURY IN THE COSTS OF THE APPRAISALS TO BE PREPARED BY JORDAN AND HAFNER, INC . AS TO EACH OF THESE FOUR .PROPERTIES OR ANY OF THEM AS ARE SITUATE WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE QUEENSBURY UNION FREE SCHOOL DISTRICT AND BE IT FURTHER RESOLVED, THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AUTHORIZE TO ENTER INTO ANY REQUIRED SPECIFIC AGREEMENT WITH JORDAN AND HAFNER, INC . IN A FORM APPROVED BY THE COUNSEL TO THE BOARD. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR . MORRELL, MR . ROBERTSON, MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO MAKE APPLICATION TO APPELLATE DIVISION-THIRD DEPARTMENT TO FIX UNDERTAKING INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR . CHARLES EISENHART : WHEREAS, THE TRI-COUNTY TAXPAYERS ' ASSOCIATION, INC . AND OTHERS, AS PETITIONERS IN A PENDING ACTION AGAINST THE TOWN BOARD OF THE TOWN OF QUEENSBURY AND THE TOWN SUPERVISOR IN WHICH THEY SEEK A COURT DETERMINA- TION DECLARING QUEENSBURY CONSOLIDATED SEWER DISTRICT ,NO. 1 TO BE A NULLITY AND WHEREAS, THE PETITIONERS HAVE APPEALED TO THE APPELLATE DIVISION-THIRD DEPARTMENT. THE ORDER DISMISSING THEIR RESPECTIVE PETITIONS AND WHEREAS, JOSEPH R. BRENNAN, COUNSEL TO THE BOARD, HAS ADVISED THE TOWN BOARD THAT HE RECOMMENDS THAT THE TOWN BOARD MAKE APPLICATION TO THE APPELLATE DIVISION-THIRD DEPARTMENT TO FIX AN UNDERTAKING IN THE AMOUNT OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25, 000 . 00) PURSUANT TO THE PROVISIONS OF THE TOWN LAW SECTION 209-G PRIOR TO APPELLATE REVIEW, AND WHEREAS, JOSEPH R* BRENNAN HAS PREPARED CERTAIN LEGAL PAPERS IN SUPPORT OF SUCH AN APPLICATION WHICH PAPERS INCLUDE A PROPOSED AFFIDAVIT OF FRANCES J . WALTER, SUPERVISOR OF THE TOWN OF QUEENSBURY . NOW, THEREFORE, BE IT RESOLVED, THAT AN APPLICATION BE MADE BY THE TOWN BOARD AND THE TOWN SUPERVISOR TO THE APPELLATE DIVISION-THIRD DEPARTMENT TO FIX AN UNDER- TAKING IN THE PENDING ACTION OF THE TRI-COUNTY TAXPAYERS ASSOCIATION, INC . AND OTHERS AGAINST THE TOWN BOARD AND THE TOWN SUPERVISOR AND BE IT FURTHER RESOLVED, THAT THE TOWN SUPERVISOR BE DIRECTED AND AUTHORIZED TO EXECUTE THE PROPOSED AFFIDAVIT IN SUPPORT OF SAID APPLICATION . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MR. ROBERTSON NOES : MRS . WALTER ABSENT : NONE