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2009-08-31 SP MTG#32 193 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 SPECIAL TOWN BOARD MEETING MTG. #32 AUGUST 31, 2009 RES. 275-283 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL CATHI RADNER TOWN CLERK DARLEEN DOUGHER POST STAR REPRESENTATIVE 1.RESOLUTIONS RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH PHIL’S HARVEST RESTAURANT, INC. RESOLUTION NO.: 275, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Phil’s Harvest Restaurant, Inc., (The Harvest) owns and operates The Harvest Restaurant located at 4 Cronin Road, Queensbury, New York, and WHEREAS, The Harvest has applied for a renewal of its liquor license, and WHEREAS, The Harvest has requested that the Town of Queensbury waive the 30- day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the permit for alterations to licensed premises, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before The Harvest’s permit to alter its licensed premises is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day 194 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 notification period before the permit to alter licensed premises is issued to Phil’s Harvest Restaurant, Inc. and that the Town Board has no objection to such alteration to licensed premises, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 31 day of August, 2009 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON HOWARD COOPER’S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RESOLUTION NO.:276, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Howard Cooper has filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to replace his mobile home, which was destroyed by a tree that had fallen, with a similarly-sized mobile home on his property located at 15 French Mountain Drive in the Town of Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay 195 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 Road, Queensbury, to consider Howard Cooper’s Application for Placing a Mobile Home Outside of a Mobile Home Court concerning his property situated at 15 French Mountain Drive in the Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. st Duly adopted this 31 day of August, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON RANDY RYTHER’S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RESOLUTION NO.: 277, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Randy Ryther has filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to place a singlewide manufactured mobile home, with an 8’x24’ factory-purchased addition, on property owned by Larry Clute and located on East Drive, just outside a mobile home overlay zone, in the Town of Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT 196 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Randy Ryther’s Application for Placing a Mobile Home Outside of a Mobile Home Court concerning property situated on East Drive in the Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. st Duly adopted this 31 day of August, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 RESOLUTION NO. 278, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2010 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2010 Central Queensbury Quaker Road Sewer District Benefit Tax Roll, and BE IT FURTHER, 197 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. st Duly adopted this 31 day of August, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 RESOLUTION NO. 279, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sewer District Benefit Tax Roll for 2010 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2010 Route 9 Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. st Duly adopted this 31 day of August, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 198 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2010 RESOLUTION NO. 280, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2010 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 14, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2010 South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. st Duly adopted this 31 day of August, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 2. DISCUSSION – GLEN LAKE AQUATIC PLANT TAXING DIST. Supervisor Stec-It is safe to say that the concept of creating this district the Town Board is generally very comfortable with the aquatic plant district, Glen Lake is a little bit more complicated because the Town has an ownership interest in a public boat launch, we do not have that situation in Lake Sunnyside. Want to establish that the public in that district is supportive of taking this action. Town Counsel has listed what the options are. We will need a map, plan and report to define in detail what the boundaries of the district and layout, the purpose of the district and what would be accomplished and estimated costs and how the costs would be shared and broken down for the public. After receiving that information there would be a public hearing on the formation of the district. After that the Town Board could create the district, we will not be in position to form the district to collect next year, there will be no tax rate collection in 2010 if we create this district the taxing rate would be in 2011. The Town has partnered with Lake Sunnyside and Glen Lake Protective Association for the treatment of milfoil because we believed in the past that the public had an interest in both of these lakes. We have been a contributor in a non binding informal kind of take it year by year situation. I think it has worked ok to this point however, the shear cost for treating mil foil in the larger of the two lakes has 199 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 gotten more and more significant which has put pressure on the Town Board on how much the general fund should be used on that. You have asked for volunteer donations, but there is no guarantee in the future, it always becomes an issue of fair share. Last time we spoke about this there were some numbers there about three hundred residential units on Glen Lake and I think the Town Board at the time we were comfortable in acknowledging our boat launch should contribute more than a single home, but then the question is how much more. Noted we may be using the Town’s Engineer for the map, plan and report. Representative of Glen Lake Protective Assoc.-We are here to discuss the Town’s participation in the tax district. Town Counsel Radner-It is the Town Board’s decision on what methodology is used in the formation of the district. Representative of Glen Lake Protective Assoc.-How can you add or subtract lots from this? Town Counsel Radner-I will relay that question to the lead Counsel on this Bob Hafner. Representative of Glen Lake Protective Assoc.-Once you create the map plan is it just automatic that the plan changes if things change. Supervisor Stec-I would think it would. Sunnyside area wanted each residential unit as one and each vacant lot as one, they wanted a formula if you had a residential lot and next door you had a vacant lot, same owner for both then they wanted the vacant lot to be counted as twenty percent. If that lot was sold the twenty percent would go away. Representative of Glen Lake Protective Assoc.-Reviewed treatment of the lake in the past and costs associated. Estimated cost to do management of the lake $100,000. every three years. Approximately $33,000. a year in order to manage the lake, we are asking the town for a twenty percent contribution to the tax district that would $6,667.00 per year. Based on the 2007 budget .0268% of the total town budget. The rest of the lake’s residents would be paying $100.00 per year per unit. We did a 2007-08 survey if they favored a district at a 50% return, 75% favor a tax district. Councilman Montesi-Will the $100.00 include their dues? Representative of Glen Lake Protective Assoc.-No. Supervisor Stec-The Town Board will do the management of the district the Glen Lake Protective Assoc. will need to continue to exist to provide guidance to the Town Board. Councilman Brewer-If the Town is twenty units of this will the Town have a say in what projects will go forward? Supervisor Stec-Intimately we have all the say so. Representative of Glen Lake Protective Assoc.-We can have an advisory Board if the Town Board allows it. Supervisor Stec-The Town Board will have control of spending. Councilman Strough-Questioned who the advisory Board would be? Supervisor Stec-The Glen Lake Protective Assoc. Councilman Strough-The Town Board would be the representative body, would we vote as per their budget and spending? Supervisor Stec-In the budget process we will set the budget for the district. 200 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 Representative of Glen Lake Protective Assoc.-This is the downside of management district, that ultimately the power now goes to the Queensbury Town Board. Councilman Strough-There are other kinds of management districts where the members actually have a representative body and they vote on this. Supervisor Stec-That is an option available in the law. Representative of Glen Lake Protective Assoc.-He is right but it would take a legislative action. Supervisor Stec-From the State which you are not likely to get. Councilman Brewer-Questioned over the past three years are the treatments working? Representative of Glen Lake Protective Assoc.-The sonar treatments worked, we were told that you can get five years from a treatment it is great but it is going to come back. Councilman Strough-There are nutrients feeding it, and one thing about our program here that I like, it is not getting to the causes, we got stormwater, we got failing septic systems, we have lawn maintenance issues all contribute to the causes. Unless we nail those causes, we are never going to really mitigate the problem. Representative of Glen Lake Protective Assoc.-My understanding of aquatic management plan actually can be pretty broad. If you say the cause of the aquatic vegetation is nutrient loading part of the management strategy could be to decrease nutrient loading. Councilman Strough-The Glen Lake Assoc. would be the organization that identifies the potential problem brings it to the Board, and say here is what we have identified as the problem and we need to do a septic system study. Would the management program enable you to force people to test their septic systems? Councilman Brewer-They have no enforcement powers. Representative of Glen Lake Protective Assoc.-The only way we can get enforcement is thorough a Town Law, we cannot do it as an association. Noted we have a septic pump out grant right now through Warren County Soil and Water. Councilman Montesi-Forty have done it and there are forty scheduled to do it. Councilman Metivier-Can we make it a law to not use fertilizers? Supervisor Stec-I think we can we have talked about that before. Representative of Glen Lake Protective Assoc.-We have asked for years to have some kind of Town regulation where if a property changed hands then the septic would be inspected, if it did not meet regs. it would have to be updated. Councilman Strough-That is something that we should look at. How many units on the lake? Representative of Glen Lake Protective Assoc.-Approximately 275. Supervisor Stec-How will the Docksider be treated? Representative of Glen Lake Protective Assoc.-We were going to treat it as a single unit but we don’t necessarily have to. Councilman Strough-I am hearing an issue on fee equity. The Docksider pays $97. and they have docks for ten, fifteen, twenty boats, they have three hundred patrons a day, they have a parking lot that has fifty cars in it, vs the other guy that has cottage that is a one 201 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 bedroom cottage that with a quarter of an acre and he pays the same thing. One is having a greater potentially greater negative impact on the lake than the other but both assessed the same. Representative of Glen Lake Protective Assoc.-Most on the lake favor a same rate for lake residents. Councilman Montesi-At the Docksider there are fifteen moored there how many are outside boat, they are mostly residents from the lake. Councilman Brewer-You are treating us differently than you are treating them. Representative of Glen Lake Protective Assoc.-That is part of the map, plan and report that has to be worked out. A significant part of our lake traffic is our off lakers. Supervisor Stec-We agree that we have more of an impact than a typical homeowner is twenty percent the right number, maybe, maybe not. Councilman Strough-Questioned what happens to those across the road that have lake rights are they complaining about paying the same amount as those who are directly on the lake. Representative of Glen Lake Protective Assoc.-That has been raised but no one is shouting loudly. Town Counsel Radner-It isn’t a matter of who is contributing to the problem it is who is benefited by cleaning up the lake. He has a property that has an inherent value because it has lake assess he would lose that lake value if the lake were suddenly un-swimmable because it is filled with milfoil, so his property gets benefit that the Town at large doesn’t get because of the milfoil reduction. The Town at large gets some degree of benefit by virtue of the fact that they have public access. Councilman Strough-Can we have those people on the lake would get a co-efficient of one, those people that have lake rights maybe a co-efficient of .8. Supervisor Stec-That is all part of the map, plan and report, if we deem that is reasonable we can do that. Councilman Brewer-We have to have some kind of a formula, that says we have a certain amount of benefit we pay a certain amount. Councilman Montesi-What was placed on the table was 20% I like Dan think 10%. Representative of Glen Lake Protective Assoc.-Why wouldn’t the town want to protect a precious resource? Of course you would. Need to come up with a comprehensive aquatic plan. Supervisor Stec-A budget would be set each year as we do with other special districts based on input from you. In principal I do not think that we have a problem with saying that we need to contribute more than a single home, the question remains how much. Representative of Glen Lake Protective Assoc.-What we are looking for is the appropriate contribution in the tax district from the town. Supervisor Stec-Are you arguing that on average 20% of the use on the lake is from the town launch? Representative of Glen Lake Protective Assoc.-I think it is more. You would be surprised on how little lake people even though they have boats go out there. We would like to have a sense of where the town is. 202 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 Supervisor Stec-I think it is a safe range that it will be 10-20% I do not think we will go any higher. Councilman Brewer-I want to know if we are contributing the right amount. Representative of Glen Lake Assoc.-The populous of Glen Lake is saying we are comfortable with saying that we will contribute 80% to this district we feel the Town of Queensbury should contribute 20% based on the level of comfort we have. Supervisor Stec-If we said 10-15% is that something you can bring back and discuss? Representative of Glen Lake Assoc.-I would say less than 10% no way, 15% would be better. Councilman Strough-Questioned if the price of Sonar going up? Representative of Glen Lake Assoc.-It is going up. Supervisor Stec-We are saying 10-15% with a little more work on some other properties, that is the direction we are going in. th Representative of Glen Lake Assoc.-Our next meeting is September 14 and will be discussed then. Councilman Strough-Maybe we should contribute more than the average single homeowner of course but there has to be a closer rational link between residential homeowners, commercial home owner apartments and such to the funding, I think we can come up with something equitable this is a good starting point. Councilman Montesi-Will have pointed out in the map plan and report the commercial, multi-family and apartments. Supervisor Stec-Anything else in open session? Councilman Strough-Reported to the Board on Blind Rock, the landowner wants to work in coordination with the Town Board in a partnership in protecting Blind Rock. Proposed one acre to be purchased by the Town or an easement. Board agreed to see what the landowner wants for the property. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 281.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss current litigation. st Duly adopted this 31 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION 203 SPECIAL TOWN BOARD MEETING 08-31-2009 MTG. #32 RESOLUTION NO. 282.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. st Duly adopted this 31 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 283.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. st Duly adopted this 31 day of August, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury