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2004-02-09 SP MTG8 333 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 SPECIAL TOWN BOARD MEETING MTG. #8 FEBRUARY 9, 2004 RES. 116-118 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFER TOWN BUDGET OFFICER JENNIFER SWITZER DIRECTOR OF BUILDING AND CODES DAVE HATIN DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND POST STAR MAUREEN DONOVAN FROM WARREN CO. EDC TOWN COUNSEL JOHN LAPPER EMPIRE ZONE SHIFT DISCUSSION Ms. Maureen Donovan-Explained the purpose of the Warren County Economic Development Corp. – work with businesses in Warren County that want to expand, create new jobs or be in different locations based on their business needs. Noted there are two businesses located in Queensbury that due to size restrictions and competitive restrictions at their current sites want to move their business out side of the Town…For a business to move outside of a current municipality and take advantage of zone benefits in another municipality in the County we have to inform the Town Board of that municipality that the business is interested in moving and that Town Board has to agree to what is called a Shift Resolution. Attorney Lapper-We will need a public hearing and it has to be proven that there are circumstances that exist that warrant the relocation of the business into a Empire Zone and here both of these businesses would be relocating because the need more space. Ms. Maureen Donovan-First Business TV8, they are currently located at a retail plaza, that area is a couple of miles from the main transmission point near the Civic Center. He would have a higher signal and better transmission if he were able to move closer to where the Civic Center is. Noted he would also spend money to retro fit the current location, does not make business sense to him. He would like to purchase a building with a lot more space in the City limits where he would have three floors and be able to add additional jobs and expand as well as have the additional coverage with the tower that is there. He is requesting a shift resolution from the Town of Queensbury. Second business-Performance Custom Trailers Mr. Buntings business is on Lockhart Mountain Road, the last commercial location up there. Noted the business has grown and has the ability to double in size and manufacturing space which would double the employment. Need better location, better access for truck traffic to pick up 334 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 the trailers that he produces. He would like to move to the Warrensburg Industrial Park and build a new building. Supervisor Stec-Questioned the zoning where he is presently? Attorney Lapper-Rural Residential… non conforming use. Director Hatin-He is there by variance and he has limitations on that. Maureen Donovan-showed public hearing notice, ten days prior to the hearing date. th Supervisor Stec-Noted it could be heard on the 15 of March. Questioned for information only, what if the Town said no? Maureen Donovan-They could not move their operation to inside the empire zone they certainly could move to anywhere else. Supervisor Stec-Noted he felt that the two business should be at the public hearings … If it is good for these businesses it is good for the County and good for the region and therefore good for Queensbury. We wish them luck. Discussion held on boundary adjustments.. Maureen Donovan-It normally happens in July but because of the legislation is due to change this year because of the State budget we need to wait until the budget is complete, when that is done we will know how the law has changed and how we can administer the program. Requested a workshop at that time … Councilman Boor-Requested that some of the Advisory Board Members be present at that workshop. Supervisor Stec-Discussed the Schermerhorn sewer project…escrow issues… OUT DOOR FURNACES Town Counsel Hafner-The Town Board had heard of the problems of outdoor furnaces being too close in residential areas and creating smells and smoke. First we prepared a moratorium for the Town that said no more new ones while the Town Board had a chance to look at what type of a law they might be interested in. We then prepared a draft law for this meeting tonight. Community Development Director Round-Noted that they had been in contact with DEC the Division of Air Quality Resources and the N.Y. Attorney General is aware of the problem…spoke on the existing New York State Laws on air quality. 335 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 Councilman Strough-Spoke to the Board noting most town ban them. Town Counsel Hafner-Went through the Law: 1. Title and Authority 2. Read the Legislative Intent Councilman Strough requested that the possibility of sparks being a fire hazard be added Supervisor Stec-requested it be left as is. No changes to be made at this time. Town Counsel Hafner- 3. Definitions read… Councilman Boor-Suggested this be amended to eliminate indoor space, because it could be used for a swimming pool or sugar farm… Councilman Brewer-Noted he objected if it eliminated a sugar house. Councilman Boor-We do not want the wood burning furnaces, we do not care what they are using it for, we do not the wood burning furnaces. Town Counsel Hafner-Noted the problem you may run into if you make it broader anything burning wood … Supervisor Stec-Want it clear that this does not include indoor wood stoves or fire places. Director Hatin- suggested the word detached from any structure in the second sentence…if they try to put it close to the structure and try to enclose then we get it under the building code. Town Counsel Hafner-The big picture here is that you wanted a statue that would to a large extent prohibit outdoor furnaces in residential areas where they would be too close. You could have just banned it in the whole town as someone mentioned and my memo mentioned. A month and a half ago when we talked about it was that you did not want an outright ban you wanted a ban in the residential areas where they would be too close, but if someone had enough property they could build it far enough from their neighbors that is up to them, that is what this is structured at. Supervisor Stec-The permitted fuel would be limited to fire wood and untreated lumber. Town Counsel Hafner- 4. Permit Required 5. Nonconforming Outdoor Furnaces Supervisor Stec-Could the amortization be done in months? Town Counsel Hafner-Yes Councilman Boor-Could the moratorium period be included in that? 336 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 Town Counsel Hafner-No, the moratorium was against new things not existing. 6. Specific Requirements Permitted Fuel- noted this is already the law, noted that it is hard to enforce Permitted Zones- Councilman Boor-Noted that RR3 acre lot and a RR5 acre lot cannot meet the set backs … Town Counsel Hafner- C. Minimum lot D. Setbacks Board agreed to wording “500’ from the nearest lot line”. Noted that the Town could ban the furnaces outright. Councilman Brewer-If your intention is to get rid of these things lets not make it so difficult that somebody is going to do it… Councilman Boor-My intention is to not have the people in this audience that have to live with this… Councilman Turner-I think you are making it impossible for anybody to have one…you have not done a survey, how many are in the town? Director Hatin-Ten or twelve and none of them would meet this ordinance. Councilman Turner-We have to enforce the ordinance, no burning of garbage. Councilman Boor-I do not think that these are appropriate in residential zones. Councilman Strough-Noted other areas have a problem with the furnaces, such as in Vermont… Supervisor Stec-Is there any reason not to ban them? Councilman Brewer-I would rather be more direct and not beat around the bush. Councilman Turner-If there are ten or twelve in the town and none of them can conform then ban it. Supervisor Stec-Discussed waivers: You will have to meet XYZ requirements and your design will have to include a spark arrestor. Councilman Brewer-The five hundred foot set back…from all property lines. Town Counsel Hafner-E. Smoke Stack Height – not relevant. 7. Suspension of Permit eliminated 8. Waivers and enforcement. Supervisor Stec-The Town Board should have waiver authority as the Board of Health. Noted we will not address zone or lot size just set back of 500’ from property lines and requirements on the unit itself. No variance from the 500’. 337 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 Town Cousnel Hafner-Enforcement… maximum amount of $100.00 per day… Board agreed to enforcement amounts. th Board agreed to have a public hearing on March 15. Supervisor Stec-Requested that the public be allowed to speak. Unknown-If a person comes before the Town Board for a variance is there always a public hearing? Supervisor Stec-It would be the Board of Health it will be structured for a public hearing. Unknown-The furnaces have been proven to send out emission that are toxic why would we allow them at all? Unknown-I am in favor of banning them. Questioned if you could enforce the existing furnaces to put a higher stack on? Councilman Boor-The problem I have with that is to make them spend the money and only give them two years. Unknown-Read a letter from Dr. Garner : A patient of mine that has suffered for many years with allergies and upper airway congestion which all started when her neighbors started using an outdoor furnace. I would like to see this exposure to stop, I support her neighbor being banned from using an outdoor furnace. Noted that she has a problem with two years, you are concerned about the financial investment that has been made, most of these places have backup heat as it is, what about the financial investment that I have had to make in my health. You are asking me to make another two years of financial investment in my health and suffer through this. I think two years is excessive. Councilman Boor-If we go less than that and we lose? Unknown-Could you survey the people that do have furnaces and see if in fact they do have back up systems already in place? Town Counsel Hafner- I do not think that will be relevant to the legal issue that the Town Board is concerned with and what the Town Board is trying to do is deal with your concern but to do it in a way that will not subject them to expense and maybe loosing a legal battle. Director Round-Suggested bring pressure on DEC… Unknown-Concerned over the language, primary purpose used for heating system…noted neighbors primary purpose was to burn the garbage, people will find a way around it… Town Counsel Hafner-Will work on that language. 338 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 Unknown-If you are taking the two year step we would like to see the Town work more closely with DEC to deal with the violations that are happening in the interim. Supervisor Stec-Noted the game plan is to have something ready for March stth 1. to set a public hearing on March 18. BAY RIDGE FIRE COMPANY Presentation on proposed Fire Apparatus purchase. Chief Chip Mellon-Bay Ridge Vol. Fire Co. - Spoke to the Town Board regarding the replacement of the tanker - Requested that the Board discuss information with the Chief or President of Bay Ridge…Issues considered before purchasing, past experience, current trends in fire service, projected th needs and future growth…Existing tanker in its 20 year…the purpose of said vehicle to carry a large supply of water, the current one carries seventeen hundred and fifty gallons and portable drop tanks, we do not have hydrants and have to carry the water it is like a portable pond. Dump values rear and side also carries portable pumps and hard suction, sump pumps, foam hose and misc. equipment. Used for structure fires, brush and forest fires, vehicle fires, aircraft accidents, vehicle accidents, tractor trailer accidents and water emergencies. Seventy five percent of our district does not have fire hydrants. We originally scheduled replacement in 2003 we felt we could make it another two years until 2005. Noted they have turned over capital replacement plan in September and memo that highlighted the replacement of the tanker. The last study recommended a fifteen year replacement. Most of the firefighters cannot drive this properly or at all due to the fact it is manual transmission with a difficult shifting pattern and two speed rear axle. Noted of the forty two members only ten can operate this apparatus. Bid new vehicle on 12/10/2003 American LaFrance was selected to build the tanker the chasse to be built in So. Carolina and the final truck assembled in New York. Bid 366,340.00 actual cost 356,910. cut some items to reduce costs …financing 225,000 down in our restricted vehicle fund the balance 131,910. from tax exempt financing, which will require a public hearing. Financing: G.F. National 4.43% Baystone-lease purchase 3.656% which amounts to $36,045.94 for four years, Evergreen- straight purchase 4.09% with a payment of $35,839. for four years, or lease purchase dollar buy out at the end of the period 3.76% $35,992.00 that is the best way out, the lease purchase. Our current contract $40,000 for apparatus replacement we propose taking the $35,000 and change to pay for it… Noted that there are at least three companies that are interested in the existing vehicle…when sold that money will go back into the restricted vehicle fund…Councilman Brewer-requested it go against the purchase of th the new vehicle…Mr. Mellon-Requested a hearing on Monday March 15… New truck will be automatic, twelve hundred and fifty gallon per minute volume pump, engine brake, enclosed seating for six fire fighters and equipment, self contained breathing apparatus, front suction…spoke on tanker response times and call volumes…average 340 calls per year…average tanker responses are 91 per year…used 23 times…described the area covered by Bay Ridge…gave cost comparison with other 339 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 apparatuses … Councilman Strough-Questioned if the vehicle had foam? Mr. Mellon-Yes. Our only truck that has a foam system. Thirty gallons of foam…Councilman Strough-questioned if this vehicle could handle the type of terrain such as surrounds the airport? Chief Mellon-Other than a four wheel drive, there is no vehicle that you can take off the road, basically you establish a supply line…Councilman Strough-Does the airport have a crash truck? Chief Mellon-Yes. Supervisor Stec-Noted he wants to take a Town wide look at the apparatus, I want to have a meeting with the fire departments to talk about the philosophy about how we want to do thing like apparatus, budgets, a preliminary meeting before budget talks. Would like to see a fire advisory committee, I am trying to get to communicate more together so that you are not hearing things second and third hand. There is a great deal of value in looking at the entire towns fleet all at once together. Questioned if Bay Ridge could do a two for one? Chief Mellon-We have talked about with this new truck, get rid of the tanker and Hahn Pumper, this is being considered.. Spoke on rating for insurance companies for area fire departments…need 22 mins of water…spoke on the location of hydrants in Bay Ridge District…Budget Officer Switzer-Questioned the financing, why not go for a longer time? Chief Mellon-Noted different administrations have requested different timing for financing…the company would like to pay off debt as soon as possible…Councilman Strough-Questioned if the Town could get a better rate for the fire companies…Budget Officer Switzer-We would have to buy the equipment…. Chief Mellon-Spoke to the Board on the timing of the th purchase stating that the bid is being held until 16 of March…noted there was a price increase in January…the price could go up after the specified date the longer we wait the price is going to go up…Councilman Brewer- Requested a copy of the specifications on the tanker…Councilman Turner- Noted that the truck is in good shape and should bring a good price… Board rd agreed to have a resolution for February 23. to set a public hearing on th March 15. Supervisor Stec-Thanked the Members of Bay Ridge for attending the meeting. DISCUSSION Supervisor Stec-Retiree Benefits Noted there was a recent retiree that thought he had twenty eight years of service but only had nineteen continuous years of service, the legislation that we just passed says continuous. Questioned if the wording continuous should be changed? Councilman Brewer-Noted he did not have a problem with eliminating the wording continuous…Councilman Boor-Is this full time? Supervisor Stec- Yes. Board agreed to the change of wording eliminating the word continuous RE:Death Benefit and Health Insurance questioned the length of time of service…Board agreed not to change the length of time… RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 116, 2004 340 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby calls for an Executive Session to discuss IT Interviews and EMS Contracts. th Duly adopted this 9 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 117, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONCED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 9 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 118, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 9 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 341 SPECIAL TOWN BOARD MEETING 02-09-2004 MTG. #8 NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury