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2007-03-26 MTG11 295 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 SPECIAL TOWN BOARD MEETING MTG. #11 MARCH 26, 2007 RES # 151 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER Town Counsel Mark Noordsy Executive Director of Community Director Blanche Alter Senior Planner, Stu Baker Supervisor Daniel Stec-Called the meeting to order. MAIN STREET/CONNECTOR ROAD UPDATE – B&L CONNECTOR ROAD – LEN FOSBROOK Representative from B&L presented Town Board members with handout of the projects description for each one of the projects –Main Street Redevelopment Project – part of this is a Warren County project – Gateway Enhancement Project, which has the kiosk for the Gateway itself, the Gateway Plaza the Park & Ride facility and the Richardson Street bike trail and the Connector Road. Presented Executive Director Community Development, Ms. Alter with a copy of the full set of the combined Connector Road with the Park & Ride they are two separate projects as DOT sees them for funding combine them together to get better bid pricing. Town Board members questioned plans and costs associated with the project. Supervisor Stec-updated the board regarding the Tribune Media they are far from making a solid commitment. Mr. Fosbrook-They are working with their selected developer, which is BBL they are designing this to get final cost. The support of local management wants this to happen and corporate management and real estate division wants this to happen. It has to go in front of Tribune’s Board if they do not want it the building will still be built. Councilman Sanford-Concerned about a building being built on speculation. Councilman Strough-You are saying that we owe you for work that has been done $42,500. A hundred and one thousand has already been spent. Mr. Fosbrook-Need an additional $58,500 for administration and construction inspection. This is to ensure that the project is built in accordance with plans and to DOT specs. Councilman Strough-As far as the Connector Road, Park and Ride and Gateway enhancement we pay you a hundred and eleven thousand more you are going to make sure everything as far as those things go is designed and done properly. Mr. Fosbrook- That covers the Connector Road, and Park and Ride the Gateway project is out of the enhancement pot of money that the DOT has which is a capped pot. I think that project has eighty eight thousand we spent the eighty eight thousand redoing some of the Park and Ride. The extra comes down to two things for the Connector Road, the extra work associated with bringing in Tribune Media, extra drainage, traffic analysis, evaluating possibility of round about and then going with a signal and meeting with DOT, storm sewer improvements and cutting down and redesigning Park and Ride. The second phase is the construction phase aspect, the original scope of services it was clear it comes at a later date as a supplement when you get ready to do inspection, which is what there is now. Councilman Sanford-We have a responsibility to know the fundamentals of the project. Councilman Strough- Concerned about right hand turning lanes that they are needed on both ends of the Connector Road, need to plan ahead. Questioned how much will it cost to add in turning lanes? Councilman Boor-Questioned what is the anticipated number of employees of Tribune Media that being the only business on the road if half of them are leaving at one time. Mr. Fosbrook- They work around the clock does not know exactly what it would be, believes it is around four hundred and forty. Supervisor Stec- Possibly expanding to six, three shift operations the first shift being the heaviest loaded shift. Councilman Boor- Remember we have the EMS building there. Councilman Sanford-Asked for a spreadsheet, which shows what all the infrastructure cost that are going to be made upfront incurred by the Town are going to be for the benefit of this tenant. Mr. Fosbrook- Doesn’t think there is any. The connector road was going in 296 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 regardless. We are putting the sewer in there is a grant for it so that will be privately built. The only thing is the Town is bringing water to the site. Councilman Strough-Questioned where are they going to go with the turning lane? B&L Representative- Will go back and see how it is set up. Councilman Sanford-What decisions do we have to make and what is our timeline for making them noting before he cast a vote on any of this wants to be informed and comfortable with it. Councilman Strough-Thinks they are willing to rewrite it to make it a little more comprehensible to find out about right hand turning lanes. Councilman Brewer-Questioned how long it would take them to rewrite or write them a letter. Supervisor Stec- Questioned when they are expecting to put this out to bid. B&L representative-Once they get DOT authorized to advertise then it is up to the Town, B&L to report to the board. Supervisor Stec-Rich Schermerhorn has a project on Pine Street related to all of this believes they have a proposal for a sewer district extension Map, Plan, and Report that is ready for us to start our review in the near future. With a grant from Theresa Sayward and a match from QEDC and Rich Schermerhorn’s prorated portion for what he needs they can bring the capital cost of the sewer all the way to Tribune and to the Rescue Squad for zero cost for the rest of them. The question now is how quickly they can do that because the Rescue Squad is looking to move into their new building soon they need to do something with sewer. They have been given a green light that once the manhole is in place that they can use the manhole as a holding tank. Director of Building and Codes, Dave Hatin gave them a green light on this a while ago. Discussion held regarding Connector Road Sewer-Update to board regarding extension of sewer line on Luzerne Road. Representative -It is a two-prong proposal. One is Rich Schermerhorn needs to construct sewer service to his parcel. His proposal is to build this entire project with a line and a manhole out to the Park & Ride Park; he would be reimbursed from the end of his property. Supervisor Stec-Asked to give the Rescue Squad some sort of date. Representative- Presented handout, showing parcels included in the district. Most of the parcels are around the EMS and Park & Ride, and the tenant that goes there. Supervisor Stec-We’ll have this reviewed this week get a resolution in front of the board to set a public hearing. Wastewater Director, Mr. Shaw-Town Counsel and I have already reviewed this. Representative-Draft will be finalized tomorrow will meet with you first before it is finalized. Supervisor Stec-Asked Town Counsel to confirm with Water Superintendent, Bruce Ostrander that they will be setting the public hearing. There will be zero construction debt assigned to the Rescue Squad they will charge O&M when it goes on line. Asked to communicate a time to the Rescue Squad for when the manhole that they can use as a holding tank will arrive. Assuming district is set up in April when will they start construction. Representative-Plans given tomorrow assuming the board gives a relative comfort level tonight. Will go out to bid; get prices, construction to start possibly May. Town Counsel, Noordsy-If the board is content with going with this procedure, which is trying to have the Map, Plan, and Report filed this nd week you would accept it and set the public hearing at the April 2 meeting. Public th Hearing will be held on April 16. Main Street Project- Representative of B& L-put together summary of the projects history. The plans have all been developed by Clough Harbour and B & L. They have been submitted to DOT for what is called Advanced Design Plan Submission. Councilman Strough-Questioned if there is design for pedestrian lighting. Representative of B&L-Clough Harbour has prepared it in accordance with the Main Street Plan that was developed they put it on the plans. The County has reviewed it they have given it to us we are in the process of reviewing it. When my draft comments are done, I will send it to Executive Director Community Development, Ms. Alter. The road improvements with the drainage, road widening, and sidewalks are on the plans. The water and sewer are on the plans as well as the primary electrical, gas, telephone, cable. Explained that the estimate is being completed meeting to be held Wednesday with all the utility companies. Updated numbers from National Grid and Verizon that need to be included in it waiting for updated numbers from Time Warner Cable want to put all the numbers into one estimate to show where all the shares are. There is a cost of the sewer district in there, which is borne by the sewer district. There is the cost for upgrading the water part to be paid for by County the Town is paying for a portion of upgrading the size of the line. Councilman Sanford-These are preliminary things that you want to have certainty too, in order to feel comfortable to move beyond that. Supervisor Stec-Met at the County last Thursday noting Counsel was present asked the three electric utility companies for exactly what Councilman Sanford is asking for. Councilman Sanford-Recommended that 297 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 they email the board regarding the updated numbers instead of waiting. Councilman Strough-Spoke regarding the lateral connection questioned if this is with Barton & Loguidice. Supervisor Stec-The laterals are always a question is it grant eligible we have been told that it is. Representative of B&L-Written a letter to DOT, DOT responded back forwarded letter to the Town that said it is eligible for funding. The question is as they are putting the estimate together is where are the final numbers coming out, which is why we asked for the updated costs from the utility companies is funding eligible. Supervisor Stec-The other thing added to that is Senator Little made the announcement at the County a year or so ago that she said this money is for underground utilities noting this is a very complicated process. Councilman Sanford-Assuming Niagara Mohawk puts up front a significant amount of capital to underground the lines they are going to do adjustments in utility rates to recoup the capital costs. Is it going to be specific to the people who are on that line or is it going to be a town wide? Who is going to have an adjustment in their rates to recoup the cost? Supervisor Stec-That is the propose structure that they are telling they are going to give to us and they have not yet. Spoke regarding the inventory. Representative of B&L-What needs to happen with the inventory is it needs to be put on the plans because you are going to have a contractor do the work he needs to know where it is. Supervisor Stec-Asked how quickly does this need to be done noting we need to get this done. Councilman Brewer-Recommended getting a list from the Building Department regarding Electrical Inspectors. Supervisor Stec-Asked Director of Community Development, Ms Alter to take care of this noting they may need a resolution for the second to hire somebody to do this. Asked where they are with the issue of the cost of the upgrade of the panel? Representative of B&L-Asked in terms of where it is going to be funded or being put on the plans. This is something that has to be decided by the Town Board. If there is not enough sufficient funding to pay for the service who will pay this, this is a point where we need to finish the inventory. Supervisor Stec- We are going to run into the question what happens if we are going to need an easement for utilities and somebody doesn’t want to give us an easement or sell us an easement. B&L will keep the Town Board abreast of the project. NORTH QUEENSBURY FIRE DISTRICT – PUBLIC HEARING STATUS- ATTORNEY UPDATE Discussion held with Town Counsel Noordsy regarding holding public hearing for North Queensbury Fire District. Town Counsel Noordsy –To do a petition where the board has to set a public hearing you need a petition signed by owners of at least half of the assessed value. In order for either to occur either way whether it is by petition or on the board’s resolution the notice of the hearing has to have the estimate of what the cost is going to be to the people in the district. After further discussion, it was the decision of the Town Board to have North Queensbury Fire Company provide numbers on the budget by Thursday so the board can set a public hearing for April 16. Another public hearing would be required on SEQRA if the board decides to move forward with the fire district. ETHICS CODE AND MEMBERSHIP Discussion held with Town Counsel Noordsy regarding changes to the Towns Ethics Code. Councilman Strough spoke to the board regarding inserting new language into the code. The following changes recommended are to disclose campaign donations in the past two years exceeding a hundred dollars. If the donor is potentially involved in Town business. Town Board also agreed to include language stating that Ethics Board Members cannot have been a candidate for office in the past two years and cannot be a current member of a political party committee. Supervisor Stec-recommended adding unanimous voting of all voting members. Councilman Strough-put changes together in form of a letter then hold public hearing. Councilman Sanford-Recommended establishing the public hearing two weeks from Monday. Town Counsel Noordsy-To make changes send to all Board Members. DUNHAM’S BAY RESORT-REZONE/PUD ATTORNEY MICHAEL BORGOS DEVELOPER ALAN GOLDSTEIN PRESENT 298 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 Attorney Borgos presented conceptual plans to the board to develop Dunham’s Bay Lodge. The plans are for a 200-unit RV Park, restaurant and recreational facility. The hundred and eighteen acres the back parcel a majority of it is zoned LC42A allowable use most green use would be for a campground. Take the R3A zone and make it intensive condominium or town home complex. Recognizes the proximity to the Dunham’s Bay marshland, which has been recognized by the Open Space Committee as a public access point that would be integral to the Town’s vision of developing recreational uses. Thinks this would be great way to bring people into the marshland. Mr. Goldstein presented his vision for the parcel to the board. Councilman Sanford-At this point noted he has no issues with the improvements to the hotel, dining, and those types of things that were reference. Not sure, he is comfortable with the RV component to your plan in that area because it is a very sensitive environmental area, not sure, how impacts would the environment and the aesthetics for the surrounding community. Councilman Strough-In reference to PUD’s they should be reflected of the underlying zoning, which is forty-two acre per unit. This does not come close to something that would be acceptable. Thinks it would be problematic when it came time for public input to get this through noting he is thinking aloud. Attorney Borgos-Looked into this the campground is an allowable use within the LC42. It is just the way the line is drawn within it that would need to be modified. The alternatives are less desirable from a Town and Community standpoint because then you have more second home type facilities. Councilman Boor-Asked how many acres in the three-acre zoning? Attorney Borgos-thirty seven. You are talking about eight or nine homes you could build does not see that as more intense than this. Attorney Borgos-With the actual homes you could have application before you to allow greater density. You also have the year-round residency impact upon the school. Mr. Goldstein-They are conscious of the needs related to the project. Councilman Strough- Recommended expanding the hotel maybe putting additional cabins back there things of that nature would support the outdoor dining. Councilman Boor- Would like to go out there and look around. Councilman Brewer- Would like to go up there and look, as well. Mr. Goldstein- Reviewed for the board the economic viability of the proposal explaining how this will affect the RV component. This will be a twelve-month operation, expect at peak times to be hiring sixty people and average about twenty-five. Councilman Sanford- Noted it seems to be problematic for this Town to feel comfortable with what you are proposing. Mr. Goldstein- Reviewed for the board the proposal for sewage disposal for the RV’s. He has offered access to the property for the Town Board to review the proposal. Supervisor Stec noted his concern over the density but agreed to keep an open mind. Councilman Boor- Requested a map of the area. DEEP HOLE TEST- 95 ROCKHURST The Roger Howard property had a partial failure on their property at 95 Rockhurst, a plumbing failure in their basement. Unknown at this time exactly where the existing system is on the site. The tank is being pumped frequently at this time. Would like to look at the soils at the site before proposing a system. Noted there is a hundred foot separation from the lake. Councilman Boor-Requested a set back of ten foot from the road. Board agreed to have the deep hole test pit done. Councilman Sanford-Questioned if there was any contemplation of the expansion of the building. Noted in the past some variances have been conditioned on no expansion of the buildings. Unknown-No expansion, will notify Mr. Howard of this. WEST GLENS FALLS VOLUNTEER FIRE COMPANY AERIAL APPARATUS Representative of West Glens Falls Fire Co.-Noted that their tower is no longer operational, Fire Company board has made a recommendation, to purchase an American LaFrance meets closest to the specs. Looking at a Demo vehicle or Spec a Vehicle…Demo eight and a quarter to eight forty for the base vehicle…additional money would be needed for various items on the truck. The existing truck to bring it up to 299 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 compliance to bring it up to code would not be cost efficient rebuilt engine and transmission would cost over sixty two thousand dollars. (Fifteen years at five year adjustable with five percent would be about eighty four thousand dollars a year. Ten years you are looking at ninety five hundred a year or a hundred and fourteen thousand a year). American LaFrance gave figures in 2004 of seven hundred and seventy eight thousand dollar truck with a hundred thousand dollars down a hundred and thirteen thousand for seven years or eighty-five for ten years. Councilman Sanford- I think your numbers make sense. WGF Representative- by waiting to replace the truck it has actually cost the taxpayers a couple of hundred thousand dollars. No money down a hundred and thirty thousand for seven years or ninety eight thousand for ten years, on a lease purchase trucks typically last a maximum of fifteen to twenty years. Supervisor Stec-Not convinced that another ladder truck is needed. Would like to know how much the old one was used. How much we think the new one would get used. Mutual aid issues, what does the Warren County Fire Coordinator Office say. WGF Representative-ISO rating will change it will go down because you don’t have additional special vehicle in this area of the Town. In mutual aid, too many people constantly through that out there as the cure for everything just because there is a Mutual Aid Agreement necessarily means that there is going to be that vehicle available for your use when you need it. This is why the Town has purchased with different companies different pieces of apparatus. Councilman Boor- Would need to think about this hoping that what they have now was repairable. Councilman Brewer- Wants to get the MMA Report asked whom he could call. WGF Representative-ISO. Councilman Sanford-If there is a need for two, thinks West Glens Falls should get it based on population density. Recommended bringing in someone to look specifically at the Town’s need for the second ladder truck, wants it to be an objective outside party. Wants an outside source, someone who is removed from the pressures of politics to look at the Town of Queensbury and its demographics what is appropriate for this Town to have in terms of this particular type of apparatus. Councilman Strough-Recommended a used ladder truck. WGF Representative- That is what a demo would be is opened to any suggestions. If they go to a used truck, they are inheriting someone else’s problems this was a used truck when they bought it. Councilman Sanford- The one you have is shot the question is should they be looking at a used truck. WGF Representative- Asked what the intention is and what are they doing. Councilman Brewer- The intention is to find out what Richard said do you really need it? WGF Representative- As long as the board is aware of that we could go from eight twenty five to nine twenty five within a matter of a week. Councilman Boor- Understands how expensive they are. Councilman Sanford- Recommended that Supervisor Stec shares this Marv Lemery to see whom he would recommend for something like this. Councilman Brewer- Will try to find someone this week to come in and give advice on what we should do. Councilman Sanford-Yes. Councilman Brewer- Will be in contact with Supervisor Stec tomorrow to find out if he got a hold of someone to obtain the information that they need to proceed with this. WGF Representative- Chief’s vehicle due to be replaced. Looking for approval from board to go into debt for another vehicle. Looking for Town Counsel guidance clarifying paragraph of contract. Supervisor Stec- Any debt incurred by the Fire Company must have Town Board Approval. WGF Representative- Looking at a cost of thirty one thousand fifty six dollars, that’s state contract. Supervisor Stec- Asked for price of vehicle, amount to be borrowed and length of time for borrowing to be submitted to the Town Board. He will then get a resolution for the next Regular Town Board Meeting authorizing the debt. COMMUNITY DEVELOPMENT GRANTS- BLANCHE ALTER Postponed to a later date DISSCUSSION HELD REGARDING RUSH POND- Four bids submitted. Councilman Strough- Reviewed bids as submitted, recommended LaBerge for seventy seven thousand, this will include surveying, will prepare two grants and identify others. It will not include wetland delineation (to be done by DEC). Supervisor Stec will be in contact with Marilyn Pulver to make sure she has not had any significant problems with LaBerge. If there are not any concerns, LaBerge can have the bid as long as the board 300 SPECIAL TOWN BOARD MEETING 03-26-2007 MTG. #11 approves the contract and if they will make up the contract in line with the RFP and send it to the board. Supervisor Stec- Advised Stuart Baker to get the contract and the board will head towards a resolution to approve that. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 151, 2007 INTRODUCED 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 its Special Town Board Meeting. th Duly adopted this 26 day of March, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury