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2008-06-23 SP MTG#28 SPECIAL TOWN BOARD MEETING 06-23-2008 MTG#28 1 SPECIAL TOWN BOARD MEETING MTG#28 JUNE 23, 2008 RES# 329 7:06 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY . SUPERVISOR STEC-Opened meeting DRAFT CAPITAL ASSET POLICY Discussion held regarding the Draft Capital Asset Policy and GASB 34. The Government Accounting Standards Board (GASB) issued their statement number thirty four quite a few years ago. It requires a municipality to report their financial statements in the same format as an outside entity. The big portion of this is that they show their assets but also depreciate those items out and have depreciation on their financial statements. In order to do this the Town has work to do as to what items do we want to count, what dollar amount do we want to start counting noted the Town Board has done enough pieces of the this policy over the years. As of today received the last work papers from the CPA looks like the Town is in good lines with GASB 34. What this policy will do before the board is it basically sets all the things into place it formalizes it after further discussion the board agreed to prepare a resolution for the next Town Board Meeting adopting the policy. SEABOYER SEPTIC VARIANCE REQUEST ATTORNEY LAPPER, JOHN & DEBBIE SEABOYER PRESENT Discussion held regarding John & Debbie Seayboyer’s variance request. The most recent correspondence received is May 27, 2008, which lays out the history. The Board of Health granted a variance in January of 2005 in September of 2006 a resolution was passed to revoke the variance. Since then there are waivers from DOH what you are here for tonight is to ask to revoke this. Attorney Lapper ask the board to consider passing a resolution that revokes the reification noting they feel that the resolution that is here has a a lot of inaccuracies because it was assumed it was an expansion, it was assumed that it was a new build and as the letter said rip the house up and pour a new foundation. At the time the Town Board wanted an aerobic system the state of the art pretreatment this has that. The issue is that we put forth to the Town Board acting as the Board of Health for a variance for the identical issues that were before the Department of Health for a waiver. Since the Town Board granted the variance the Department of Health has reviewed the same application and granted the waivers there was clarification. One of the other issues in the reification was that there was not a required fifty percent reserve area for the septic system that was quoted in the Department of Health standards. The Department of Health letter says that we reviewed the proposal and specifically allowed for items one, two, and three as specific waivers not required by item four item four is the fifty percent reserve area as stated noted they site their own regulations Appendix 75 A. An additional use of area fifty percent shall be set aside for future expansion or placement whenever possible. All of the issues that were mentioned in the reification resolution have now been documented and approved by the Town Planning Board and the State Department of Health. The project involves the moving of impervious surfaces and putting in storm water controls that do not exist it will be better for the lake putting in the aerobics system. Supervisor Stec recommended Town Counsel reviewing the resolution that was passed in 2006 revoking a Town Board of Health resolution in 2005. Councilman Strough has not SPECIAL TOWN BOARD MEETING 06-23-2008 MTG#28 2 seen the plans would like to see a visual before and after. Asked if there is change in the square footage of the house. Mr. Seaboyer-There is no change in the square footage of the house. Councilman Strough-Asked if there was bathroom in the basement? Mr. Seaboyer there is currently a bathroom in the basement. Councilman Strough-Asked if it counts as one of the bedrooms? Engineer Tom Center-bedroom and bathrooms are two different things. Councilman Strough-If you have a bathroom and a basement that is potentially living space; is it factored into the capacity of the septic system? Mr. Center- The septic system is based on the number of bedrooms only it is not based on the number of bathrooms that a house has this is NYS criteria. Councilman Strough discussed the need for a holding tank and septic district. Attorney Lapper-If a district is formed everyone will have to join the Seaboyer’s as a condition of this agree that if there is an area wide system formed they will join it and decommission the system. Councilman Strough-Would like to Dave Decker to review this. Mr. Center-This has been reviewed the Water Keeper have a letter of approval from him it is the same house when we sat before the board same number of bedrooms that we received an approval for. After further discussion it was the decision of the board to have Town Counsel review this and to also give Councilman Strough a copy of the plans. TRANSIENT MERCHANT AMENDMENTS Discussion held regarding Transient Merchant Amendments. Councilman Strough, Town Counsel and Craig Brown had two meetings originally communicated with Lake George received material from Saratoga to view their law. Made up two draft versions of the amendment to the Transient Merchant Law worked off the two versions one is similar to what Lake George is offering and the other is closer to what we have with some amendments. Town Board Members went through the draft dated June 2008 and the comments received from Craig Brown. Page 2, Section 3, A – A at the bottom of the page –Designation as convention, sports, or exhibit center. The Town shall maintain a list of recognize convention, sports, or exhibits centers as defined in the Zoning Ordinance. Recommended we eliminate as defined in the Zoning Ordinance Chapter 179 or put it in parentheses to make it clear. It was determined to get rid of the as and put in parentheses defined in the Chapter 179 Zoning Ordinance. Councilman Strough to send memo to Town Counsel and to the draft that is reviewed at the public hearing. Page 4, paragraph in the middle agreed to omit sentence it is redundant. D – The owner of the convention sports or exhibit center is responsible for any and all permits and/or licenses necessary for an event, to add any and all Town permits. After further discussion Councilman Strough recommended Town Counsel to review these changes. DISCUSSION HELD Councilman Brewer-Asked Town Board members if they have any questions regarding the Fire Study he will be meeting with the consulting firm tomorrow asked board members to email him with concerns. Councilman Strough-Met with BOCES took them on the first leg of the bike trail noted anyone who is interested in going out on the bike trail contact him. The first leg goes from Fox Farm down to Little Rush Pond. They said they are very interested in building the stretch that goes from Fox Farm to the berm. Dave Wick said he will build the berm we will have to pay him for materials. DEC has already approved the permit may have to get it renewed to build a berm across; this is the most difficult leg of the trail. This means that his job now is to get the easement from the Freiberger’s to contact Schermerhorn if he can’t take it out to West Mountain Road noted he will work on it this summer. COUNCILMAN MONTESI-Spoke regarding the conference to be held in Judge Krogmann Office regarding Macchio, Stranahan, and the Town. Spoke to the board regarding the Recreation Commission proposal a few years ago for a Recreational Center. SPECIAL TOWN BOARD MEETING 06-23-2008 MTG#28 3 Asked the board if the Recreation Commission came back with an eight or nine million dollar project where they put basketball and swimming would they be in agreement with this the Town Board noted it is not a good time for this. COUNCILMAN BREWER-Spoke to the board regarding Luzerne Road the job has been started for PCB’s. They have set a staging area up they have some equipment in there started to clear it. COUNCILMAN METIVIER-Asked what is pending to be done this year. COUNCILMAN STROUGH-The Zoning Code. SUPERVISOR STEC-Councilman Montesi, Craig Brown, Stu Baker and Bruce Frank and I have been meeting on Friday mornings. We have been going through the draft that we have from PORC out of twenty articles we are through fifteen. Stu has a list of questions that need to be forwarded to the Board/Attorney for consideration. In the next few weeks Stu will try to give to the Town Board the first fifteen hopefully will set a public hearing in August regarding this. COUNCILMAN MONTESI-Still working on Union negotiations. COUNCILMAN BREWER-West End Park has started. Spoke to the board regarding property on Corinth Road, Clendon Brook there is someone who has a one and a quarter acre parcel it is on the south side of the road. The reason for the interest is that we have thirteen acres that goes along Clendon Brook for fishing, walking, that was donated to the Town recommended the Town buy this piece of property for a small parking lot where people could park then an entry way into that land that was donated. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 329, 2008 INTRODUCED BY: Mr. Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 23 day of June, 2008, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury