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2006-07-24 SP MTG28 431 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 SPECIAL TOWN BOARD MEETING MTG. #28 July 24, 2006 RES. 354-357 7:00 p.m. TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Budget Officer Jennifer Switzer Executive Director of Community Development Marilyn Ryba Sr. Planner Stu Baker Representatives of South Queensbury Fire Company Representatives of EMS Representative of Lake Sunnyside Association Deputy Supervisor Tim Brewer-Opened the Meeting. Announced that Supervisor Stec was at another meeting with the Mayor of Glens Falls and will be at this meeting momentarily. 1.0RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF DREYER BOYAJIAN LLP IN CONNECTION WITH ISSUES RELATED TO RALPH MACCHIO, STRANAHAN INDUSTRIES AND FRENCH MOUNTAIN PROPERTIES RESOLUTION NO.: 354, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to engage the legal services of Dreyer Boyajian LLP in connection with issues concerning Ralph Macchio, Stranahan Industries and French Mountain properties, such services to be provided at the hourly rates of Dreyer Boyajian as follows: a. Partner - $200/hour; b. Senior Associates - $175/hour; c. Junior Associates - $150/hour; d. Paralegals & Law Clerks - $100/hour. th as delineated in the firm’s letterdated July 17, 2006 presented at this meeting, 432 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Dreyer Boyajian LLP for legal services to be provided relating to issues concerning Ralph Macchio, Stranahan Industries and French Mountain properties, such services to be provided at the hourly rates of Dreyer Boyajian as follows: a. Partner - $200/hour; b. Senior Associates - $175/hour; c. Junior Associates - $150/hour; d. Paralegals & Law Clerks - $100/hour. th as delineated in the firm’s letterdated July 17, 2006 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment for these services shall be paid for from accounts to be determined by the Town’s Budget Officer and the Town Board authorizes and directs the Town Budget Officer to make any needed budget transfers or amendments to the 2006 Town Budget to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Letter of Engagement and any other needed documentation and take any other action necessary to effectuate the terms of this Resolution. The Town Board hereby designates Councilman Boor as lead contact with Counsel for purposes of this engagement. Councilman Boor will coordinate information between the Town Board and Counsel on engagement activities. th Duly adopted this 24 day of July, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer ABSENT: Mr. Stec Discussion held before vote: Councilman Sanford asked for the following be added to the resolution. . (The Town Board hereby designates Councilman Boor as lead contact with Counsel for purposes of this engagement. Councilman Boor will coordinate information between the Town Board and Counsel on engagement activities.) This is a special engagement and obviously Roger has been lead on this and I certainly do not want to have communication, orchestration difficulties with the Counsel not knowing 433 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 who he should be talking to or how things are communicated. So, that is what I would suggest be added. Councilman Brewer-What about distribution with written material or will it be still sent to the Town? Councilman Sanford-We will all get that. Councilman Brewer-Would he send it to Roger or send it to the Town? Councilman Sanford-If he sends it to Roger then it would be Roger’s obligation to make sure it was distributed to all of us the same way as if it was sent to Dan. Councilman Boor-It is not necessarily come to me. Councilman Brewer-No, but I just have an idea that I would prefer that it come to the Town Building if it is going to be Town. Councilman Boor-I have been subpoenaed and you guys haven’t, unless you guys want to show up at all this stuff. Councilman Brewer-I am not saying that you shouldn’t have more contact with them than anybody else but I am saying documents or whatever should be .. Councilman Sanford-Everybody will get, and that is why it is also Roger’s responsibility just by the natural course of action have the most communications with this guy. It is his responsibility in the second sentence I put in there to make sure that he keeps the rest of the Board informed by coordinating this information to us and debriefing us at an appropriate level. Councilman Boor-Anything in writing is going to go to everybody anyway, Tim. I am talking to the guy, you have never even, you know. Councilman Brewer-I understand that you are talking to him Roger but it is just like anything that we get from our Attorney it is distributed thorough the Town. I just think that is the appropriate way to do it. Councilman Boor-That is what is going to happen, Tim. It is not going to the Supervisor, it is going to me, that is what he is saying. Councilman Brewer-I do not know if I agree or disagree, I guess it doesn’t really make a difference. Board Members agreed to change in the resolution… Vote Taken. 2.0SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY APPARATUS REPLACEMENT Representatives of South Queensbury Vol. Fire Co. spoke to the Town Board looking for their authorization to purchase a new engine tanker. Three bids received, bid of choice American laFrance at $410,000. Replacing 1985 tanker. Noted that with new emission laws the 2007 model will be ten to twenty thousand dollars more. Requesting decision by st the Town Board by September 1. to avoid the potential increase. Hope to sell 85’ truck st outright. Budget Officer Switzer-Questioned if by Sept. 1 would they need a down payment or financing in place in order to order the truck? Representative of So. Queensbury-Will know by Thursday. Councilman Brewer-Requested a break down – what you think you will get for the truck, what will be needed for equipment on the truck, and what will be transferred from the existing truck. Representation of So. Queensbury- Estimate about thirty to forty thousand to equip the truck. Councilman Sanford- Questioned if the operating budget had been turned in. Representative of So. Queensbury-I have it here for everybody. Councilman Brewer-Questioned what the interest rate was from the bank on this loan? Representative of So. Queensbury-6.9% Councilman Sanford-For each of the Fire Companies requested 1. Operating Budget 2. Want to put all the debt service on a time line for all companies for the future year and the next two or three years on an anticipated basis. 3. Want to build in a contingency to re-establish capital fund for miscalculations. I want to make sure that we do not go to the County with an inappropriate number for what we want for a tax rate. Representative of So. Queensbury-spoke to the Board on an unexpected expense for brakes and rear end on 308 in the amount of $3,639.97 put us over on the maintenance schedule for 308…Councilman Sanford-What we would like to do is wait until the end of the year take a look at fund balance talk about needs there may have been that were extra ordinary and then evaluate that in the context of what every body else’s needs are. Asked that South Queensbury put their request in writing, the unexpected expenditure. Board is awaiting more information from South Queensbury before a decision is made. 3.0PAID DAYTIME STAFFING PAY RATE REVIEW - Jason Miller 1.Issue of keeping people on the ambulance during the day-this has been a pilot program for two years – we are still below average for pay rate – noted budgeted for $13.00 an hour for ALS they are at a rate now of $12.50 per hour. Noted they have had five hundred and forty three calls in five months from 6am to 6pm 434 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 Monday through Friday just for West Glens Falls…Councilman Boor-With the revenue that we are bring in I think it is responsible for us to bump these up a little bit. 2.Requesting $14.00 for Critical Care and Paramedics at $14.50 per hour. Total increase for the program per year would be $31,000. not including comp and taxes… 3.Calls average $300.00 between the three companies 3200 calls each year …averaging a sixty percent return…we have brought in about $350,000 through the middle of July… 4.Proposed incentive – combined leave time, one hour combined leave time for every twelve hours of work 5.Asking for another paid crew on for Wednesday and Thursdays out of West Glens Falls 6.Councilman Sanford asked for the Budget Officer to do a spread sheet on all the variables so we can make a decision…budgetary model, how things would be with experience to date trend until the end of the year with the new revisions and what the impacts will be 7.Councilman Boor-I want to know what the debt is going to be for EMS in the Town including the new building 8.Narcotics Program - would like our own program - all of our ALS providers during the day would be able to run narcotics. Start up fee of $5700 At present Empire is paid for the service. Board discussed having all three companies do this program. 4.0LAKE SUNNYSIDE TAXATION DISTRICT Representatives of the Sunnyside Lake Association-Interested in forming a tax district for Lake Sunnyside, in order to have funds available to take care of the lake. Noted that he had spoken with the Town Counsel on the formation of a district. Two issues that we are interested in but have been informed by Counsel are difficult to do. A. Would like a flat fee not based on assessed value but per resident B. How to define the tax district, usually geographically with a survey and everything in that boundary is part of it. Noted an Association Member did a study of those parcels surrounding the lake that have rights to the lake but are not on the lake. We would like the people who have lake rights or lake frontage on the lake they would be part of the district with a flat rate that everybody would pay in that district. Councilman Sanford – Questioned why this approach? Representative of Sunnyside Lake Assoc.-Noted that some people with lake rights have big houses, they would be paying more than the people that have a small house on the lake. Councilman Sanford-I am more comfortable with an even application based on common denominator which would be appraised value. Questioned what the flat fee would be? Representative of Sunnyside Lake Assoc.-thirty five to forty dollars. Looking for a fee to protect the lake when we have to treat it. Treatment - $8,000 – 10,000 today we have forty people continually who pay for it, there are ninety seven who have property. Councilman Brewer-Questioned why this couldn’t be done as an association? Representative of Lake Sunnyside Assoc. – There are some that will not contribute and do not want to be part of it. Councilman Brewer-Who would file the petitions etc. for the permissive referendum? Councilman Boor-The Town would run the election. Councilman Strough-Questioned charging the same if you are a property owner on the lake vs. a property owner with just rights to the lake, questioned if it should be the same amount? Representative of Lake Sunnyside Assoc. – Noted twenty five to thirty five people at our meetings, everybody that comes to the meeting wants it a flat fee. Councilman Sanford-Asked what the differential was in assessed value around the lake. Representative of Lake Sunnyside Assoc.-The most expensive $450,000. the least approximately $120,000. Councilman Brewer-As long as they can form it and do it legally, I do not have a problem with it. Councilman Sanford-Even though I have some philosophical problems with the regressive tax I will support it. Board agreed to speak to Town Counsel regarding going forward with the process. Councilman Strough-How will the management of the district be set up? Representative of the Lake Sunnyside Assoc.-As I understand it from your Attorney, is that the Town collects the money from the tax bills, and the town designates the Board of our Assoc. to be the maintainers of the 435 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 fund and we would have to come to you that we want $8,000 to do a treatment of the lake… Councilman Strough-Questioned what would happen if there was not an administration to communicate to? If it is formed right and your association did not exist then I guess the responsibility goes to the Town Board. Noted that he supported the idea. Councilman Brewer-Roger is going to contact the Attorney and tell your Attorney what he needs to see and we will proceed. (Supervisor Stec-entered the meeting during the discussion on Lake Sunnyside) Supervisor Stec-Re: Survey This is one of the issue that they had with East Lake George Village, trying to define it this way and for district formation there are certain hoops that need to be gotten thorough and one of them involved paying some money for a survey. Councilman Boor-The last time I spoke with Town Counsel, he said it could be done with just lake frontage. Representative of Lake Sunnyside Assoc.-The other issue with the Attorney was who is in the district and who is not. We have done that research. Councilman Boor-I think we will more than likely have to run an ad a couple of weeks in the paper saying anybody that believes they have deeded rights to Lake Sunnyside is hereby noticed that a district is being formed, come forward at such and such a date or forever lose your whatever…Supervisor Stec-Noted that he was supportive… 5.0ROUTE 9 OUTDOOR DISPLAY SETBACKS Executive Director Marilyn Ryba-On Quaker Road we showed cars at 25-50’ set back for car dealerships so it may need to be beyond fifty feet for that set back unless you do not make it retro active. Councilman Sanford-A place to start, we look at those properties that have gone through site plan and agreed to as a condition of application approval a set back that is greater than what we are going to propose that they stay with the greater setback. Anybody that has no site plan and or potentially had an approved site plan giving them an ability to place closer than the set back the new established set back would rule. Director Ryba-So for Quaker Road it looks like you have a number that allow 25’ . Councilman Sanford-If we set 50’ then we would be saying to them go back to 50’. If someone on Quaker Road has 165’ we would say stay at 165’. The intent is to make the corridors more esthetically appealing and safer. If you have already agreed on something with a greater setback we are going to stick to the site plan if however are using something that is closer we are going to ask you to move it back. Councilman Boor-Noted it is not just esthetics but safety issues. Director Ryba-We came up with 50’. Councilman Strough-50’ from the edge of the pavement or the sidewalk curb unless stated greater in a site plan. Councilman Sanford-Anything that is not specified in a site plan is 50’. Supervisor Stec-If there is a site plan and grants them more than 50’, I thought the site plan would trump the 50’ you guys were saying the 50’ should trump the site plan. Councilman Sanford-Whether it is greater or lesser and then moving forward anything that is not specified in the site is 50’ Supervisor Stec-Pre-existing site plan trumps. …Councilman Boor-We have to look very carefully when a business changes use, how we will deal with that. Director Ryba-Let me repeat this, it is 50’ unless it is sighted lesser or greater in the site plan and that is for pre-existing site plan. Do you want st people to come into compliance within how many days? Board agreed to January 1. Councilman Boor-Questioned if everyone was comfortable with the definition of display? Sr. Planner Stu Baker-Suggested given the time frame of January why not incorporate what you would like to see here into a directive to the Planning Ordinance Review Committee have them incorporate it into the Zoning Code revision work they have underway. Councilman Boor-If they do not get it done in time we go another summer season. Sr. Planner Baker-I am confident the committee will have the work done. Councilman Boor-We do not know if they are going to be around. Councilman Sanford-I do not know if they are doing it, do you have a presumption that the PORC Committee is going to continue and actually do Zoning and what have you and right now that committee is down to four members. Supervisor Stec-We are going to add to that committee. I think it would be just as simple to tell PORC that whatever we come up with we want it to be incorporated in their Zoning Ordinance. Noted they may want to tweak it later, that is fine also. Discussion held regarding Special Use Permits, limited to two times a year, unless the code is changed, also discussed temporary variances and special events. Questioned raised if the Special Sales Event in the Code Section 160 has 436 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 to be changed at present it is at twice in one year for a maximum of seven days each. Councilman Strough-I am comfortable with our set back display over lay zone with the exceptions of previous approved site plans, approved special use permits, approved transient merchant plans or …Councilman Brewer-The key word is temporary…Councilman Sanford-Asked Director Ryba to prepare a draft based on the comments tonight…Supervisor Stec-Gray area being the transient merchants allowed uses in the Town that have been within fifty feet…if that was to continued how would th that be handled in the code? Asked that the draft be ready for the workshop on the 14 of August. 6.0LEGAL COUNSEL AND ENGINEER RFP’S Supervisor Stec-We have advertised these, we had a lot of responses regarding the Counsel but only two in the engineering. Questioned where we are in the RFP’s? Discussion was held regarding the RFP for Legal Services, Councilman Sanford noted he had a RFP from another Town and will forward it … Supervisor Stec-recommended that Marilyn Ryba, Jennifer Switzer, Darleen Dougher and other staff members to review and assist in developing the RFP Discussion regarding Engineering-Spoke about re-advertising suggested Capital District Business Review In the ad put engineer or firm…and readvertise…will revisit this on th the 14. 7.0PLANNING BOARD RECOMMENDING SITE PLAN REVIEW FOR CRITICAL ENVIRONMENTAL AREAS Councilman Boor-I would like to see incorporated into our Zoning that Critical Environmental Areas do not allow chemical use for lawns when they are on water and stuff like that. Supervisor Stec-The Planning Board recommended that we consider requiring basically any new construction in a CEA (Critical Environmental Area) go to the Planning Board. Director Ryba-Noted that staff has spoken with both the Planning Board and Zoning Board Chairmen, because there are times when the Zoning Board does pass along to the Planning Board for their recommendation and so my understanding is that it is going for resolution that both Chairman would like it to go to resolution to say that it will go to the Planning Board first for some of these items that also need site plan review so that it can go from Planning Board recommendation to the Zoning Board the Zoning Board can look at it for variances. Councilman Boor-Noted he had spoken to both Chairman and they do not want building permits issued in a CEA until a site plan. The problem is that a building permit is issued before a site plan is done. Director Ryba-Noted that sometimes a site plan is not required for a building permit. Councilman Boor-In a critical environmental area we are saying it is now required that you have a site plan. Director Ryba-Is this something you want to proceed with right now? Councilman Strough-Suggested reviewing the language of this change with both Dave Hatin and Criag Brown who deal with this on a day to day basis at a workshop. Supervisor Stec-Questioned how many applications would this change generate? I want to know the impact of the Board’s schedule. Director Ryba-For everything including additions, garages etc., will get that information. 437 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 Supervisor Stec-Sr. Planner Baker, Director Ryba and myself met with Bill Tompkins from Shelter Planning, there is a grant application on the Canal System the dead line is th Aug. 18. We met with Steve Lovering, and the Feeder Canal Park at the end of Richardson Street qualifies, we have a Master Plan for Feeder Canal Park, it is a matching grant, 50%. In order to apply for the grant we would have Shelter Planning do it but we would have a resolution to authorize them to do it. Councilman Brewer-Met with the President of the Feeder Canal Alliance they are also applying for a grant to do redo the base of the path the length of the canal. Supervisor Stec-The Master Plan that Steve has a laundry list of items, a historical pavilion, increasing parking etc. Will get the list for the Board Members tomorrow. Noted that the grant is geared to physical improvements, there maybe physical improvements to Haviland Cove in the City now we will get extra points for joint efforts. Sr. Planner Baker-Noted at the next workshop there are two more resolutions, both relating to the housing rehab program., grant and loan application. Supervisor Stec-Also noted that there will be an audit next week. Interviews were conducted for the position at the activity center, John Dwyer President of the Queensbury Senior Citizens, Kathleen and Leesa held those interviews, they are now recommending to the Board revisit and reconsider the position to be full time. John Dwyer will bring that concept back to their Board but he wants it full time position with the understanding that if it is full time the Seniors would not receive the difference between full and part time. Reviewed the work responsibilities of the position at the Queensbury Center with the Town Board Members. Board agreed to have the position full time and will interview at the next workshop. Councilman Sanford-Suggested workshop items - Lynn Avenue discussion need to speak to Rick Missita Highway Supt.; drainage work by Minogues ; Supervisor Stec-Noted he was trying to set up a meeting with those involved regarding the drainage in that area… Councilman Sanford-Re: Twicwood, Great Escape Noise testing is scheduled soon. Director Ryba-They do it a couple of times during the summer… Councilman Sanford-Requested more particulars on this, ask the Twicwood Association if they have any locations and or time when they would like the testing done, they have yet to get back to me. I want to be able to provide suggestions as to when it takes place, and also have the sound studies performed in the company of our Town Engineer. I want them witnessed. I want to get back to Twicwood with that message. Re: Workshop, has Jennifer set up a meeting with Mr. Weber for the next workshop? Supervisor Stec-I will check with her. Councilman Sanford-Here is why it is important, typically every month an employer would pay a premium and when the premium was put into the system of the insurance company they would then generate out the commission payment. It is not a situation like we wait until January to start saving money here. If in fact we have a reason to be concerned about the commissions that we are paying we should act as soon as possible so that we start saving one twelfth of that annualized amount immediately rather than waiting, months and months and months. I understand that Mr. Weber wants an opportunity to discuss this at further length with the Board. Sooner is better than later, so get him in here. Requested an executive session to discuss a written complaint against an employee, gave a copy to Director Ryba so she may discuss it with the employee and get back to the Board on it. 438 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 Supervisor Stec-Re: Western Reserve Craig Brown has been out to the Western Reserve Property several times and does not see where any activities that they have performed would present any adverse impacts on any adjoining property owners. Also asked Marilyn if they are in compliance with their approved site plan and so far we have not found anything that says they aren’t. Councilman Strough-We need to look at the hydrology in that area. Suggested hiring an Engineer to review the site. Councilman Brewer-Spoke on drainage problems in the Town … Councilman Boor-Noted 9:30 am Judge Krogmann, Thursday, the Macchio, Strannahan Court date. Supervisor Stec-From Warren County re: Main Street copies given to Town Board members, we know enough now to get the spray painted lines drawn for where the above ground infrastructure will be. Sr. Planner Stu Baker-I have the draft Comprehensive Plan by the Planning Ordinance Review Committee…when the plan is drafted by a special committee such as PORC, and that committee forwards it to the Town Board for consideration the enabling statute says the Town Board shall schedule a public hearing within ninety days. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 355, 2006 INTROUDCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED , that the Town Board hereby moves into Executive Session to discussing the employment history of an individual. th Duly adopted this 24 day of July, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 356,2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns is Execution Session. th Duly adopted this 24 day of July, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec 439 SPECIAL TOWN BOARDA MEETING 07-24-3006 MTG. #28 NOES: None ABSENT: None No action taken. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 357,2006 INTROUDCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it Special Town Board Meeting. th Duly adopted this 24 day of July, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully, Miss Darleen M. Dougher Town Clerk, Queensbury