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1995-08-14 SPECIAL TOWN BOARD MEETING AUGUST 14,1995 4: 10 P.M. MTG# 46 RES#446-448 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER (entered meeting 4: 15 p.m.) BOARD MEMBERS ABSENT COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN ATTORNEY PAUL DUSEK TOWN OFFICIALS JIM MARTIN, HARRY HANSEN, CATHY GEOFFROY, PAUL NAYLOR PRESS POST STAR COUNTY COMPREHENSIVE PLAN SURVEY - PAT TATICH AND WAYNE LEMOTHE PRESENT FROM COUNTY MS. T A TICH AND MR. LEMOTHE-Spoke to the Board regarding the comprehensive plan survey and the history of it. Noted the purpose for doing the plan is they would like to try some notion of planning in the community development progress and bring to light at a county level some of the projects that merit consideration for county funding and also might be considered for town funding. Ms. Tatich noted the process is long overdue, plus the fact that HUD is requiring this for Entitlement Communities. Ms. Tatich and Mr. LeMothe have put together a questionnaire noting they have distributed the questionnaire to each Town Board would like the Town Board to give the questionnaire to key individuals in the community that they want to involve in the process, no more than two to four other people and return it to them after Labor Day. Noted the questionnaire starts the basis for discussion they will then come back to the Town for meetings at the Town level regarding the items and priority of items on the questionnaire. The items that will come out of this will be a priority of items and will go to the full Board of Supervisors they will adopt or not adopt it. Once it is adopted in whatever format the items that are listed as priority, once those are identified that's what the County will be applying for. SUPERVISOR CHAMPAGNE-Need to set up a meeting regarding this with members of the Comprehensive Plan Committee. MEMO ON DEDICATION OF HUDSON POINT ROAD ATTORNEY DAVID LITTLE REPRESENTING THE MCDONALDS ATTORNEY LITTLE-Spoke to the Board regarding the renaming of McDonald cul-de-sac. Noted when the Hudson Pointe Subdivision documents were filed it was premature in the sense that McDonald's had intended that what was known as the Resolution McDonald cul-de-sac be known by another name this was their intent from the beginning. Has contacted Attorney Dusek noting his client's wishes which is what was named in the resolution as McDonald cul-de-sac would be renamed as Amy Court. COUNCILMAN MONAHAN-Read letter into the record from Town Clerk noting that the Town has on record a road named Amy Lane, recommended not having two roads so closely named in the Town road inventory. ATTORNEY LITTLE-Noted there is a clear distinction between a court and a lane. SUPERVISOR CHAMP AGNE- To put resolution together to present at next meeting. Asked Attorney Little to ask his clients again about renaming the road a different name. Noted the Board is moving in the direction of not naming roads so closely in name. AMG SUB RECIPIENT AGREEMENT - BOB MURRAY PRESENT ATTORNEY DUSEK-Spoke to the Board regarding the latest proposal. When the matter was last before the Board there was a form contract that was presented to the Board from QEDC providing for the turning over of the AMG Grant to QEDC along with any other block grants that the Town may in the future receive to be used by QEDC in any manner consistent with the Federal Regulations and not to be used at least to start with as a Revolving Loan Fund. The agreement the way it was written was very broad, there are two different ways in which you could make QEDC be sub recipient of making them in charge of the funds. One way would be setting up a revolving loan fund the other way, was the way QEDC presented it to the Town initially to use the money to facilitate land development and to purchase land to do those type of activities. Noted his concern with that type of activity if you get into this and something went wrong and the property was not sold or developed at the end of a time period you could be liable to repay the money to HUD. There is a risk with this that there is not with a revolving loan fund. The proposal was made by QEDC to modify the propose agreement to the Town to limit the proposal to just the AMG Block Grant money. The proposal would be to use Town officials to allow full and complete access to all of QEDC books and records and to also have Town officials maintain their book and records. You would not be committing further grant monies, you would not be obligated to commit further grant monies as you are under the current contract. MR. MURRAY-Noted it would be a judgement call as to what the risk is. The risk is if you don't know the rules and aren't aware of what the requirements are. In this particular case QEDC is well aware of what the rules are and what their objective is, noting Mr. Martin has been actively involved in this and knows what is involved. Mr. Murray noted they have a good working relationship with QEDC noting QEDC intends to work with them to make sure all of the rules that are applicable to meeting the job requirements are met. EXECUTIVE DIRECTOR, MR. MARTIN-Noted that QEDC is trying to be diligent with the expenditure of this money and see the loan program as a greater risk than the land development. ATTORNEY DUSEK-Explained to the Board in detail what the risks are that are involved with the two different types of processes. COUNCILMAN MONAHAN-Questioned the risk involved ifQEDC purchases land and does not do the proper environmental evaluation? ATTORNEY DUSEK-IfQEDC buys property they assume a liability environmentally wise the Town wouldn't be liable for the environment side of it. But if it lead them to not being able to sell the land due to suffering and loss we in turn would most likely have to pay HUD back their money. COUNCILMAN MONAHAN-Noted her concern that she does have a problem with QEDC being in the real estate business would also like to have restrictions placed on businesses that default on loans. SUPERVISOR CHAMPAGNE-Questioned if restrictions could be placed on at that level? ATTORNEY DUSEK-You could place any reasonable conditions in the agreement so long as there is not a conflict to the regulations. If you want to have certain criteria imposed on what the money could be used for or who it can be used for doesn't see any problem in it. MR. MURRAY-Doesn't see any problem in it in terms of the agreement. SUPERVISOR CHAMPAGNE-Asked Attorney Dusek to contact Attorney Bob Morris to see if an agreement could be drafted. ATTORNEY DUSEK-Will contact Attorney Bob Morris regarding this matter and take it to the next step to see if an agreement can be drafted. EXECUTIVE DIRECTOR, MR. MARTIN-Noted there may be a chance to do a mix loan process and do both funds. BIKE TRAIL - DAVE HODGSON SUPERVISOR CHAMPAGNE-Noted that Mr. Hodgson came to the Board asking for support of the local share of the bike trail that they were proposing. At that time a resolution was passed in the amount of $25,000 to support the bike trail in order for them to get into the ICE TEA monies. What has happened since then is that a property owner has agreed not to donate the land this would take a considerable amount of money away from the local contribution in order to balance the percentage from the ICE TEA money. MR. HODGSON-Spoke to the board regarding the expansion of the bike trails noting the land that they were going to expand on is no longer offered noting it was something that could have been used to finance the local share. Would like to change the route to West Mountain Road, down Aviation Road, maybe some extensions along West Mountain Road. If the town has to come up with the money for the local twenty percent share they would like to get as much liner footage of bike trail on existing roads. Would like to get people from the west side of the Northway across the Northway to the Warren County Bike Trail and also into the business district. Noted they will be looking for recreation fee fund money to fill out the local twenty percent share so they can apply for the ICE TEA Enhancement money. Has spoken with Joanna Brunso of the DOT noting two things have happened. The deadline for this current ICE TEA money has been moved from October pushed back to November, maybe December, two this will probably the last time the ICE TEA Enhancement money will be available. Has met with the Recreation Committee noting they are in support of this plan, but would like more imormation also have contacted Fred Austin of Warren County. Asked Mr. Austin to break down the cost of putting shoulders down on existing roads if they were not going to pave, Mr. Austin to report back within a week regarding the cost. SUPERVISOR CHAMPAGNE-Asked the Board for their consensus? HARRY HANSEN, DIRECTOR OF PARKS & RECREATION-Noted the Recreation Committee wants some more imormation noting that Mr. Hodgson will be going back to speak to them. May not need the full amount to do this project since the change in the plans for the bike route has occurred. MR. HODGSON-Noted he needs engineering expertise to help in preparing this project is having difficulty finding people who can help. SUPERVISOR CHAMPAGNE-There is a engineering firm that is interested in doing the up front engineering with the risk of this project going or not going. MR. HODGSON-Noted that Fraser Associates and Muron are the engineers that are interested in the project. ATTORNEY DUSEK-Explained to the Board if they were going to use the recreation fund you would have to go through a permissive referendum which makes those funds contingently available contingent upon satisfying the time period without a referendum being requested. MR. HODGSON-To come back to the Board at a later date. RETIREMENT INCENTIVE CATHY GEOFFROY -Spoke to the Board regarding the retirement incentive program. The State has offered another retirement incentive modifying the original one. If you can show a minimum of fifty percent savings in replacement of the employee base salary over the two year period following, targeting the person then you would be able to do this. COUNCILMAN MONAHAN-Questioned the time limit regarding this? MS. GEOFFROY-A local law would have to be passed by September 1st, 1995. Questioned the Board if they are interesting in pursuing this? COUNCILMAN TURNER-Noted he is not interested in pursuing this. COUNCILMAN MONAHAN-Is not sure would like to look at the list. SUPERVISOR CHAMP AGNE- To look at this with Councilman Monahan. OTB IN QUEENSBURY SUPERVISOR CHAMPAGNE-Spoke to the Board regarding OTB in Queensbury. Noted he was approached by Don O'Neil from Stony Creek who is a representative of OTB from the County. Noted at one time there was an OTB located in the Northway Plaza. There is an interest on the part of the agency to set another one up in Queensbury, noting the Town does not receive any revenue from this. COUNCILMAN TURNER-Questioned the location of this? SUPERVISOR CHAMPAGNE-Once the Town agrees that this is something they want to do then they will start looking for a location in Queensbury. COUNCILMAN MONAHAN-Noted she is not in favor of backing OTB as a government body. SUPERVISOR CHAMPAGNE-To table this until full Board is present. HUDSON RIVER PARK SUPERVISOR CHAMPAGNE-Questioned if the Board is at a point to commit themselves to where they want to go with this issue, noting he is in favor of going ahead with this project. MR. HANSEN, DIRECTOR OF PARKS & RECREATION-Spoke to the Board regarding the park noting what is proposed for the park. COUNCILMAN MONAHAN-Noted she is looking for a multi-purpose use for the area. Would also like to push for some of the things at Ridge Jenkensville Park that the neighbors have been requesting. SUPERVISOR CHAMP AGNE- They are going to do both. COUNCILMAN TURNER-Noted there has been public commitment to this end of Town to want a facility there. COUNCILMAN MONAHAN-Noted this does not mean the Town is not going to look for an area in the center of Town where the population is. That this is not substituting for a recreation area in the middle of the area where the population is. ATTORNEY DUSEK-Noted they should approve the lease agreement with the County and set up the budget fund budget all at one time. Then you have a thirty day referendum when you get to the end of the thirty days your ready to go with the project. Questioned if the Board wanted him to put together a general resolution of commitment that this is the direction to proceed in? SUPERVISOR CHAMPAGNE-Yes. ATTORNEY DUSEK-To put together a general resolution for Monday's meeting. HOVEYPOND-CONSULTANT SUPERVISOR CHAMPAGNE-Spoke to the Board regarding hiring a consultant for Hovey Pond noting that plans need to be put in place if Hovey Pond is going to be completed noting the Friends of Hovey Pond have done a great job. COUNCILMAN MONAHAN-Doesn't think the Town needs to spend money on a consultant would rather see it spent on the park itself. COUNCILMAN TURNER-Also noted it should be spent on the park itself. SUPERVISOR CHAMPAGNE-To table this for another date. WARREN COUNTY PROJECT REVIEW EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the Board regarding the process that applicants have to go through at the County level, noting he would like the Town to eliminate some steps for the applicants by not having certain project reviewed by the County. Reviewed with Board members the list that is agreeable by the staff as being a workable list that would be a basis of an agreement. TOWN BOARD-Reviewed list of projects noting which ones they still want to be included in the review. COUNCILMAN TURNER-Questioned the review of commerciallindustrial projects 5,000 square or less if this should still be something that is reviewed, noted he would like this still in the review process? EXECUTIVE DIRECTOR, MR. MARTIN-Noted this is something that could still be left in for review if the Board wishes. Recommended Supervisor Champagne to bring this to the County for their review. It was the decision of the Board to leave in the commercial/industrial projects for review. ATTORNEY DUSEK-To prepare agreement. PROPOSAL TO MODIFY COMMUNITY DEVELOPMENT OFFICE EXECUTIVE DIRECTOR, MR. MARTIN-Spoke to the Board regarding the opening of the position of Assistant Planner in the Planning Department. Noted he would like to use this as an opportunity to respond to some of the issues that were raised last summer in the series of neighborhood meetings which was to have economic development in the Town and more long term planning. Would like to shift the responsibilities in the office between planners to make the office run more efficient and to use the office as a resource place for the public to come and use. Noted this would be a major service that the Town is supplying for the community. Asked the Board for their consensus on advertising this position, Town Board in agreement. DISCUSSION HELD COUNCILMAN MONAHAN-Spoke to the Board regarding amending the buffer zone regulations. EXECUTIVE DIRECTOR, MR. MARTIN-Presented and reviewed with Board members a handout with the proposed new regulations, noted there is a new definition regarding buffer zone. Asked Board members to further review and make any additional changes. After further discussion Mr. Martin to give copy to Attorney Dusek to draft resolution for the next regular meeting. RESOLUTION AUTHORIZING AGREEMENT WITH BUSINESS AUTOMATION SYSTEMS FOR PURCHASE OF COMPUTERIZED WATER BILLING SYSTEM RESOLUTION NO.: 446,95 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of entering into an agreement with Business Automation Systems for the purchase of necessary software, hardware, and services to develop a Water Billing System, and WHEREAS, the Purchasing Agent has advised that the Water Billing System from Business Automation Systems is an integral part of the overall Town-wide imormation system already in place from Business Automation Systems and therefore, it would be unnecessary to obtain proposals from other suppliers, and WHEREAS, the Purchasing Agent also advises that the purchase of the Water Billing System from Business Automation Services is not subject to competitive bidding, because it comprises a "professional service" involving "special or technical skill," the use of "professional judgment," and a "high degree of creativity," said criteria being listed in the OSC Financial Management Guide, subsection 8.0060, p.12, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the purchase of the necessary software, hardware, and services from Business Automation Systems for a Water Billing System at a cost not to exceed $ 19,000.00 without further approval, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute, on behalf of the Town of Queensbury, a contract to be in a form approved by the Town Attorney, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby notes that the cost of the services is not to exceed $ 19,000. without further approval, and that no bidding is required under law and that in this particular case, alternative quotes are not practical, and BE IT FURTHER, RESOLVED, that this proposal shall be paid for from Account No.: 40-8310-2031. Duly adopted this 14th day of August, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:Mrs. Goedert, Mrs. Pulver RESOLUTION AUTHORIZING RENTAL OF HYDROHAMMER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 447,95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Highway Department has requested Town Board approval for the rental of a Hydrohanuner, and WHEREAS, the Town Highway Superintendent has advised the Town Board that the rental cost of the Hydrohammer is $5,500.00 per month, and the Town Highway Superintendent would like to rent the same for a period of one (l) month, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the rental ofa Hydrohammer for the Town Highway Department at the rate set forth in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that any costs incurred for the rental of the Jackhammer shall be paid for from Drainage Account No.: 01-8540-4400. Duly adopted this 14th day of August, 1995, by the following vote: AYES: Mr. Turner, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Goedert, Mrs. Pulver RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 448, 95 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: MRS. BETTY MONAHAN RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss one matter personnel, one matter attorney/client privilege, one matter litigation. Duly adopted this 14th, day of August, 1995, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:Mrs. Goedert, Mrs. Pulver No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury