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2004-07-07 SP MTG29 9 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 SPECIAL TOWN BOARD MEETING MTG.#29 JULY 7, 2004 RES. 339-342 7:01 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS JENNIFER SWITZER-BUDGET OFFICER SUPERVISOR STEC-Opened the Meeting RESOLUTION SETTING PUBLIC HEARING REGARDING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE PIERCE CUSTOM ENFORCER PUMPER TRUCK RESOLUTION NO.: 339. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution 496,2003, the Town Board authorized the Fire Company to purchase a Pierce Custom Enforcer Pumper Truck for an amount not to exceed $357,500 including modification costs, with the understanding that the Fire Company would use $185,000 in the Fire Company’s Restricted Vehicle Fund, including the Town’s 2004 contract payment, toward the purchase and incur $185,000 in debt with the Glens Falls National Bank and Trust Company, and 10 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 WHEREAS, 10 days notice was provided to the public before the Town Board conducted the required public hearing concerning the Fire Company’s purchase, but the Fire Company requires 14 days notice to be able to issue its debt as tax-exempt, and WHEREAS, in accordance with the Fire Company’s request, the Town Board wishes to set another public hearing to allow the Fire Company to have this public hearing with 14 days notice in accordance with the Internal Revenue Code and Regulations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a Pierce Custom Enforcer Pumper Truck by the Queensbury Central Volunteer Fire Company, Inc. as set forth in the preambles of this th Resolution on Monday, July 26, 2004 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. th Duly adopted this 7 day of July, 2004, by the following vote: AYES : Mr. Boor, Mr.Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Reviewed the proposed resolution noting that this had to be done a second time because it is tax free financing there must be a fourteen day notice given previously only ten days were given. Budget Officer Switzer and Town Counsel Hafner also noted that it was the responsibility of the fire company to make sure the public hearing was done properly we noticed it and we did as they asked and when they went to sign the opinion letter it was noted there was not the fourteen day notification, this will set another public hearing to allow for the fourteen day notification. ITEMS TO BE DISCUSSED ?? BAY RIDGE RESCUE SQUAD SUPERVISOR STEC-MEMO from Jennifer Switzer regarding Bay Ridge Rescue Squad and 2002 purchase of the ambulance, in a previous resolution we approved the purchase but did not identify that we were going to provide additional funding in their contract. 11 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 Questioned raised was it the intention of the Board to provide additional funding $21,000 of debt. BUDGET OFFICER SWITZER-This was caught during the reconciliation of their 2003 financial statements that I received from their CPA. They have been paying for it out of other funds besides town funds. This is a cash flow issue, so they are short about $4800. per year…do we want to give them that money or not… COUNCILMAN BREWER-Questioned if there was money left in the restricted vehicle fund? BUDGET OFFICE SWITZER-Yes. COUNCILMAN BREWER-Suggested that they use that. COUNCILMAN BOOR-Noted he wants to be consistent with what we have done with other companies. Noted going forth we are not funding the vehicle fund any more.. BUDGET OFFICER SWITZER-Noted that they will be told it will not be included in their reconciliation so they have to eat that five thousand dollars. COUNICILMAN BREWER-Noted a resolution will have to be done to allow them to take the money out of the restricted vehicle fund. ?? BAY RIDGE FIRE CO. BUDGET OFFICER SWITZER-Bay Ridge, their CPA called requested that we all sit down and discuss audit report, there are two outstanding items, one that I have to look at all the construction costs that came in and Rick Fuller has to look at some debt figures that he supplied me, once that is settled we will be in agreement as to who owes what. Noted that she agreed to do that with the other companies that want to. ?? NORTH QUEENSBURY RESCUE SUPERVISOR STEC-Questioned if a letter has been received from them about the fund balance if it was restricted or not? BUDGET OFFICER SWITZER-Noted that we are waiting for the letter possibly from their attorney. ?? NEW PERSONNEL SUPERVISOR STEC-Joan Watkins started in the accounting office yesterday. ?? DEFENSIVE DRIVING BUDGET OFFICER SWITZER-Defensive Driving is part of the Union Contract, we need to offer this course…held during working hours … cost $10.00 per person will obtain a contract on this… SUPERVISOR STEC-Suggested that Town residents at some point have this available to them. ?? LTR. FROM HIGHWAY DEPT. RE: Garbage Truck SUPERVISOR STEC-Reviewed the proposed purchase of a used garbage truck from the City of Albany, to be used for spring and fall pickup. There will be a fleet management meeting on this purchase tomorrow, they are requesting, if accepted by the committee, a resolution for Monday to purchase the truck. 12 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 Board discussed the safety issues regarding waste pickup, noted the savings on compacting the material, making more pickups before the truck has to be dumped. Approximate cost $10,000. Board agreed to have a resolution for Monday night if the Fleet Committee recommended the purchase. ?? ART BROWN SEPTIC - GLEN LAKE SUPERVISOR STEC-Director Hatin-listed concerns regarding the septic system, before he th went on vacation…Noted site was investigated by Dr. Garner, on July 5, received a letter from Dr. Garner he thought he was repairing an existing system in place and not relocating or installing a new system….Town Counsel has recommend that Mr. Hatin be contacted as soon as he returns and review the situation. COUNCILMAN BOOR-Noted there is a violation but it may not arise to a Board of Health situation, there is a code violation. Water has been tested and there is presence of e-coli, Dr. Garner did not have those results… SUPERVISOR STEC-We will wait for Mr. Hatin to return to further investigate. ?? TENNIS COURTS – QUEENSBURY SCHOOL/QUEENSBURY RECREATION SUPERVISOR STEC-Noted the Recreation Commission had a meeting and they feel that the Town should do the $176,000 for the courts…my opinion that we made our decision last week on the dollar amount, we are heading for an agreement with the School, you provide X we provide money and that we will pay this money after the courts are built. I see no need for any resolution at any dollar amount for Monday. COUNCILMAN BOOR-I am going to insist we do it so we are on the record for a vote. I think we acted inappropriately at a workshop and I want it on the record. SUPERVISOR STEC-Since we are on the record I disagree with your recollection, I think we were legit. COUNCILMAN STROUGH-What I offered why don’t we knock out the gas line the twelve five and offer them $163,750 as a way of saving face because Dan there is a bees nest you opened up. COUNCILMAN BREWER-They are the ones that ought to be saving face. COUNCILMAN TURNER-I thought about it and I am sticking with where we started out. SUPERVISOR STEC-In the last six months we have been consistent in holding the line and saying no and we have started to build up that ability to say no and the credibility to say no. COUNCILMAN BOOR-How do you account for the money they give us? They provide all our rec. programs they bus us, the pool they do not charge us for the use of the pool. TOWN COUNSEL HAFNER-This is obviously a very political issue it is the five of you, we run into this every once in a while and I like to remind you, each of you has the right to ask us to prepare resolutions and if you ask us we will do that. We have already prepared a resolution consistent with what I understand the two of you asked for that came from Harry Hansen I also prepared an alternate resolution which is consistent with what I understood your position to be which was $140,000. Both of them I put in a provision I thought was consistent that you have to have a contract before you get the money… COUNCILMAN BOOR-I am glad you are saying this because we could have gotten into a lot of trouble. We could have authorized a hundred and forty thousand dollars not got the lights moved, not had the ability to flood the tennis courts we would have less than we have now. You wrote a letter saying we will give you a hundred and forty with no guarantee of lights being moved or the flooding. 13 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 TOWN COUNSEL HAFNER-Noted a letter by one person, even the Town Supervisor does not obligate the town. SUPERVISOR STEC-I do not argue that we are going to need a resolution. COUNCILMAN STROUGH-I would still like to see the resolution for the $176,250. TOWN COUNSEL HAFNER- I put in that it includes four tennis courts that are floodable and lit and it has our normal provision to allow the Town Supervisor to take all action necessary to make this happen. SUPERVISOR STEC-Noted he was comfortable with the language, we need to do a resolution, we can do it Monday or three months from Monday perhaps it is clearer to do it sooner, I do not have a problem especially if it spells out floodable and lit. The only question we need now is what do you want for the dollar amount? The only reason to have two resolutions out there with two different number amounts, is purely internal politics. If you want two of them we can have two of them. COUNCILMAN BOOR-We are going to have two resolutions. COUNCILMAN STROUGH-For the sake of the relationship with the School the relationship with the Recreation Commission and I offered a compromise and it how much more than what you are asking? SUPERVISOR STEC-You are asking for another twenty three and a half thousand dollars, we have said no to less than that. I do not like being held hostage, John. COUNCILMAN STROUGH-What did we pay for the lighting on Route 9? SUPERVISOR STEC-Two hundred and seventeen thousand dollars. COUNCILMAN BREWER-What does that section of town bring in on revenue? What is the payback on that? COUNCILMAN STROUGH-…what I have a problem with is your falling over dollars to pick up dimes. COUNCILMAN BREWER-We agreed to a hundred and twenty two years ago. COUNCILMAN BOOR-We did not agree to a hundred and twenty. COUNCILMAN BREWER-They signed a contract why didn’t they tell us. SUPERVISOR STEC-…thirty five is the more recent number… COUNCILMAN BOOR-No it isn’t and that is what bothers me if you guys were not even in these meetings. COUNCILMAN STROUGH-Lets have a nice public discussion of this Monday night, because I am looking forward to it. SUPERVISOR STEC-We have a two way street relationship with the School … so you want two resolutions we will have two resolutions. COUNCILMAN STROUGH-I want our resolution first. SUPERVISOR STEC-I set the agenda. Discussion held regarding South Queensbury Fire Company Contract-Mr. Dave Jones-your plan is to take over the South Queensbury Fire Company building and lease it to the County, 14 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 questioned the status of the play ground? Councilman Boor-Noted that was brought up at the meeting of the Recreation Commission, that is a concern of theirs… RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 340.2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss South Queensbury Fire Company Contract, personnel and grievances. th Duly adopted this 7 day of July, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 341.2004 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 its Executive Session. th Duly adopted this 7 day of July, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 9:23 P.M. no action in executive session (Noted that the tape will be run to adjourn executive sessions to allow for continuous taping of the sessions) COUNCILMAN BOOR-We are aware that Chris is leaving and I know that when we are looking at the Meath property you rightfully pointed out Tim, it is questionable whether we should be rezoning this prior to looking at Office Professional with immanent changes. I have talked to Chris and a conversation with Ted and talked to John I do not want to rewrite the bible here but I think it is important that we recognize that Office Professional is supposed to be Office Professional. The way it is written now it could be construed that any one of the given allowable uses in there could be exclusive. It allows MR5 type densities and I do not think we want to have Office Professional zoning used for high density housing. I am going to be proposing something to the effect that we limit high density housing in Office Professional, something like twenty five percent of the area. The reason it is Office Professional is because it is supposed to be revenue generating property. If you have serious objections to it, let me know what they are. 15 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 COUNCILMAN BREWER-I would prefer before you do anything though as a formal proposal at least share what you are proposing to change so we know that. COUNCILMAN BOOR-That is all we are looking for, I do not want to see commercial properties uses exclusively for high density residential, especially when we develop certain corridors. In the future we should be looking at architectural standards, but I think it is important with the change that is going to be occurring with Chris Round leaving and everything else I do not want to have to, I am comfortable that he understands the issue and I would prefer that we get this done before he leaves. COUNCILMAN BREWER-It goes right back to what we said when we changed this Roger, you change a piece of property now you allow to what you changed it to, now you are going to change the zone that is why I wanted to change the zone before we changed the property. COUNCILMAN BOOR-So, that is why I am doing it because I agree with you Tim. … COUNCILMAN BREWER-Why was MR5 put in there? COUNCILMAN TURNER-You have to go back and look at the conversation that relates to that changed. COUNCILMAN BOOR-I am getting that. COUNCILMAN STROUGH-I was on the Zoning Committee, I helped write the PO Zone, I wrote it in a very similar way that I am suggesting that we re-write it because being on the Planning Board I can see that the vision is lost. We lost it by the Planning Board interpreting it on their own, they need more guidance. We did things as a committee the majority did not feel we needed to go in that direction, but a lot of majority were not on the Planning Board they do not see it from that angle. There were a whole lot of other issues, when you re-write the Zoning Ordinance it is mind boggling. In the MR zone we wanted to see more mixed uses. SUPERVISOR STEC-Is multi family residential part of the PO Zone because when they created that PO Zone which is essentially the big rectangle around Bay Road that was the underlining zoning, the underlining zoning for this property was MR. COUNCILMAN TURNER-MR 5 was already there… COUNCILMAN BOOR-I want to not be site specific, but you make my case even stronger. COUNCILMAN STROUGH-Jim Martin’s vision also has to come into play here, was to make Bay Road a kind of conceptual center to the town. COUNCILMAN BOOR-Not only did he go to that extent but he said that the residential would be so far away from Bay Road that Office Professional would be what you would see as you travel down there. That has been lost in the mix…they wanted revenue generating Office Professional buffer in the front. COUNCILMAN BREWER-I do not know if 25% is or isn’t the key we can debate that. COUNCILMAN BOOR-When we look at the school, we are not serving the community well by going high density in this time frame. COUNCILMAN BREWER-The numbers that you are saying are happening are not as big as you think they are. COUNCILMAN BOOR-They are bigger and I will bring you the proof. When you bring up property rights I think there is a public expectation that we actually do pay attention to the effects of what we allow in this town on the taxpayers. 16 SPECIAL TOWN BOARD MEETING 07—7-2004 MTG. #29 We are trying to promote commercial and industrial growth we are not going to ignore residential… SUPERVISOR STEC-Speaking for myself I would prefer any action we take although I agree that legally we are not bound by this but I would prefer to not have applications pending. COUNCILMAN BOOR-Spoke to Counsel it is not a problem, it can be totally approved and it is not a problem. COUNCILMAN STROUGH-Why don’t we leave it vague and word it like this, that in Professional Office Zoning it is understood that the majority of the application in a Professional Office Zoning would be professional offices. Majority meaning over 50%. COUNCILMAN BOOR-I like it, the problem is I do not know that the Planning Board has the authority to decipher what the majority is. COUNCILMAN BREWER-How are they going to interpret it? COUNILMAN BOOR-I would rather have it concrete. COUNCILMAN BREWER-Before you propose anything officially give us a draft. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 342.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 7 day of July, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury