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2006-02-13 SP MTG6 499 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 SPECIAL TOWN BOARD MEETING MTG.#6 FEBRUARY 13, 2006 RES. 108-115 7:10 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BUDGET OFFICER JENNIFER SWITZER WASTEWATER DIRECTOR MIKE SHAW Supervisor Stec-Opened the meeting. 1.0AUDIT OF BILLS RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF FEBRUARY 13, 2006 RESOLUTION NO.: 108, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of February 9, 2006 and a payment due date of th February 14, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of February 9, 2006 and payment due date of February 14, 2006 and totaling $334,815.48, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec 500 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 NOES : None ABSENT: None 2.0FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON FEBRUARY 17, 2006 RESOLUTION NO.: 109, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Alonzo Fireworks Display, Inc., on behalf of West Enterprises, has requested permission to conduct a fireworks display as follows: SPONSOR: West Enterprises PLACE: West Mountain Ski Center DATE: Friday, February 17, 2006 TIME: 10:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of West Enterprises, subject to the following conditions: 1.An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. 501 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per 502 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. th Duly adopted this 13 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None WEST GLENS FALLS FIRE COMPANY BUDGET Discussion held with representatives from West Glens Falls Fire Company. West Glens Falls Representative noted they were supposed to come for a tower this year we didn’t do that. We put off everything that we possibly could think of doing then we were hit with that $16,000 for the heaters noting they still need the $16,000 this came out of our money. We are already in the hole an extra $16,000 for two heating units that were 1971 that died. Spoke regarding their pavement out in front of the building because we have not had the cash to seal coat we have been putting that off we have cracks in our pavement that you would not believe. We asked about the budget for the building and that is really, what we came up here that was our main thing. When I crunch the numbers it was really three percent from where we started from, we really need a seven percent increase from where we were at last year’s budget. Councilman Sanford noted the problem is whether it was right or wrong, the tax rates were rolled back and the reserves were depleted over the last maybe year or two. There used to be capital equipment funds those have been depleted what hasn’t really changed is the cost it takes to operate your fire company or the other fire companies. After we are done with all five-fire companies, we have a small amount of money remaining that we are looking at as a contingency. Some of that can be done by the negoiation process that we are having around this table. We are going to make offers to every company with a provision in the offering letter stating we are going to be here for you in your case an extra ordinary type of a situation and we do have a modest amount of money for those types of contingencies. To be able to come in here and say, okay we will give you the seven percent trend we just cannot do it now the tax revenue that came in was not adequate to cover these expenses. West Glens Falls Representative-all due respect that is the whole purpose of us sitting down and changing that contract language to start negotiations earlier. Budget Officer, Jennifer Switzer-requested budgets from everyone noting she requested a three-year budget back in either July or August there is no way that the Town received it within the time. Councilman Boor-we are dealing with what we can give you now. Moving forward you are right we are going to have to bump up the rates or we are not going to be able to cover….Budget Officer Switzer-thinks you need to look at other things where they have office equipment and office supplies. Do we need to fund a fire company ten thousand dollars in office supplies and equipment year after year. West Glens Falls Fire Company Representative-we have been putting off and putting off every single year. This fire company has paid out of our own pocket for nearly everything down there. Station 2 was bought and paid for by the membership. Nearly every piece of apparatus on that floor was bought and paid for by this membership the tower was paid for by this membership personally upset they keep coming up short. Councilman Strough-there are four areas where I noticed your department exceeds. There are some areas where you might be able to trim. A photocopying machine $8,000 there is one area. Building and Grounds is $50,000 Central is the next highest at $38,850. Office equipment and supplies you are higher than Central so you are about four thousand dollars more than Central for office equipment and supplies. Communication, Central is $4,200 you are two thousand higher than Central noting there are some areas that they could cut. If you need another $10,000 503 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 to cover expenses is probably fair. West Glens Falls Representative-we have a much larger building and older building than Queensbury Central does. West Glens Falls Representative-we don’t ask for a whole lot. We purchased eight of our own trucks with fund raising money without taxpayer burdens. We built our own Station 2. We feel that the money that you are offering us right now is not enough to make it through the year. Probably had over $30,000 in truck repairs noting the fleet is not getting any younger. Councilman Strough-we have previously met your needs we need to look as a Town Board look at the percentage increase of your budget every year. We listen to you too, that is one reason why I thought we should have a meeting with you guys to listen to your side. What I’m also saying there are phases of your budget that exceeded Central’s I’m saying there is a little bit of buffer in there I think and with an additional $10,000 that should be able to pay for $16,000 unit. West Glens Falls Representative-Building Maintenance we under funded that line item for years. The amount that is in building maintenance right now is going to go strictly for a contract for snowplowing and lawn care. Councilman Brewer-recommended rewriting the numbers to what they really are. Councilman Boor-legitimately if we were to honor the request that every company put in we would be in the red. Councilman Strough-the budget that we are offering is $39,000 more than last year’s budget. Councilman Sanford-would be willing to advocate with the rest of the Town Board we won’t know until we take it to a vote would be willing to encourage the rest of the board to entertain the four hundred and thirty number that is $27,000 spread. Then work with us through this year and then we will get together early summer and nail out the strategy for the following year. Councilman Strough-if we are giving them four thirty that is a twenty nine thousand dollar increase. West Glens Falls Representative-what about the million dollars that this fire company has saved the taxpayers in the Town of Queensbury. Councilman Boor-all companies can say that North Queensbury can make that case. It is not a sense of appreciation that should be how we make a determination you are appreciated I mean that sincerely. Supervisor Stec- if there is new information that has not been brought out tonight that you want the board to consider we heard you the first time with the laundry list of things. In this case, I don’t know exactly what my number had come to but it was below the four twenty nine, which probably helps explain why the offer was for twenty and not higher. We don’t want to micro manage your operations budget so we hear you when you say this is wrong, we’ve been putting this off that’s a management question for your operations budget. If you are asking for something different in your operations, which you are, of course, you need to come in and make that case. At this point is there any more information that you feel we need to know before we go in at the end of the meeting into Executive Session. Then if we decide on a different number, we will be changing the public hearing tonight so that we can still have it on the twenty-seventh. We need to look at our total budget we know what we have done with the other companies we are trying to be fair. West Glens Falls Representative-recommended having the meeting in September regarding their budget noting they would be farther ahead. Supervisor Stec-noting he is in favor of starting the process earlier. Councilman Sanford-Looking for an improve process moving forward. Thinks the key ingredient to the process is in early summer starting discussions so that whatever we arrive at we can build into the tax rates so we are not sitting around here with not enough money to take care of the fire department in the appropriate manner. Short-term trade off short-term lower tax rates may add longer-term implications to the health of this community. Would rather have more of a linear understandable slope rather than an artificially reduced tax and get a geometric slope. West Glens Falls Representative-Asked the Town Board to please be reasonable with the offer. It was the decision of the board to discuss this matter in Executive Session. SURREY FIELD SEWER Surrey Field Homeowners Association in attendance. Representative spoke to the board regarding letter of January 31, 2006 noting they have already spent about $20,000 in engineering costs. Mr. Michaels has been generous in helping us solve the problem asked for the Town to consider helping with some of the costs. The sewer system is going to run across Town property, which could possibly benefit the Town at a future date hoping the Town could help with the costs for doing that. Asked the board to wave the buy-in fee, which is $6,603. Once this is in would like the Town to maintain the sewer line that is off Surrey Fields property they will take care of what is on the property. Asked for the meters so they do not have to pay for the sewer costs for their sprinkler 504 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 systems. Councilman Boor-Some of this we cannot do legally we can do a lot for you, but some of it we cannot do legally. Wastewater Superintendent, Mike Shaw-Technically looks at the technical end as far as sewering this piece. Two years ago, the board hired C.T. Male to do a Conceptual Study of Bay Road how to sewer Bay Road. The idea of the conceptual was in the future if we did decide to sewer Bay Road we would defer to that plan part of the plan was sewering the Town Office building. Surrey Fields was not currently in that plan. When Surrey Fields came, I think the Town and Dan came to me noting they had a problem up there. The closet area to build a sewer there private development is off over here to Hiland Park, Rich Schermerhorn land. It would be handled as a contract customer and they would own their own line. Technically if the Town was going to own something over here first of all it’s out of district not sure its legal the Town can own or extend part of line for something outside of the district. Technically the sizing of the line could possibly be a problem. If the Town does not know, what it’s going to discharge from maybe the parcel next door to here in the future. There are certain standards of this line there is a design standard. The initial idea was to provide the Homeowners Association a way to connect to municipal sewers. It was kind of a band aid approach, but a good approach for the Homeowners Association because each individual was going to be responsible for their own pump it is probably a good plan to sewer that way now. Thinks in the future if there are other users Bay Road is the best way to sewer this area. If for some reason this does not come about and the Town does develop this piece over here to what standard or what size we don’t know at this time there could be a possibility the Town could maybe at that time have the ability to build a sewer a portion of that. You might discharge to us down here with a pump station and we would either take that and discharge it up into Rich Schermerhorn, doesn’t know if this will ever happen. The only possibility is I could see the Town shortening the line up in the future. Councilman Sanford-A three-inch line would service the existing facilities here. That line could handle everything you are doing here now. Councilman Boor- including the Town building. Thinks this is a viable alternative has followed the situation for over a year with your generosity and the willingness of the residents over there to put in a substantial contribution with no guarantee of when or what is going to come here doesn’t want them waiting forever to have the situation corrected. Would be willing to expedite unless something happens within thirty days over here would be willing to go this way, I know we can make this happen, the obstacles that Mike refers to I think can be avoided. I think the Town owes it to this community and this development in particular to do what they can. We have a failing septic system out here and I think this is the perfect opportunity for us to marry in and accept what costs we can legally accept and move forward. Councilman Sanford-noted he agrees with Councilman Boor. Many of the same points might be brought up concerning capacity issues moving over the Schermerhorn over there by Hiland area, also apply along Bay Road with all the uncertainties in terms of our current problematic zoning and what could possibly be the reality along Bay Road. We have no assurances that the lines could handle a potential build out. That is a real quagmire take that off the table for now. I think the approach of Surrey Fields has been taken it makes a lot of sense to me I would like to at some particular point in time I do not know the degree of confidentiality that exists here but if in fact there were some financial settlement that took place between Surrey Fields Homeowners Association and the Michaels Group I would certainly think the Town would want to have some of those particulars in order to talk in terms of the financial commitment that the Town might have to make. Some of the costs of doing the sewer line. Councilman Brewer-There are guidelines, we cannot just… Councilman Strough- What he is saying is bring the sewer line from Schermerhorn’s project to feed the town would be our expense. Councilman Boor-Because it would be serving this building it would be serving the highway building. Councilman Brewer-Wouldn’t you think you would look at the study we had done we paid $18,000 dollars for on Bay Road. Councilman Boor-No, not unless, not if it is not going to happen in 30 days, we will know in two weeks, Tim, which way we are going. Councilman Sanford-There are two things we have met a financial agreement with the Homeowners first gives them a fixed cost and contingencies, any rock, anything which you know as construction goes on is my responsibility we wanted to put them in a situation where they knew it was a flat rate. Any cost savings that you are able to benefit the project one hundred percent goes to the homeowners, my contribution will not change a nickel. I am here for the homeowners at this point. Councilman Boor-Noted he had the updated letter. Wastewater Superintendent, Mr. Shaw-Has concerned with this system being the best thing to do. 505 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 We have a Bay Road corridor to develop the Bay Road corridor with sewers you have to have some kind of assessed value. When you start taking pieces out of there, you are taking the changes of sewering the Bay Road corridor away because you are taking assessed values away noting he is talking about the Town Office Building. The Surrey Field thing was a band aid approach to take care of their problems. Councilman Boor- Asked what he meant by band aid approach are you saying that it will not work and it is poorly designed? Mr. Shaw-I’m saying it will work for what they have, for any additional users thinks it is a poorly designed system. Councilman Boor-Not talking about additional users other than the Town. Mr. Shaw-Correct. You either have to oversize the line to handle the Town and this parcel next door. Councilman Boor-We are not talking about the parcel next door we are talking about the Town building. Councilman Sanford-You are assuming that you know what the Bay Road corridor is going to look like at some point in time in the future, please share with us because we do not understand it. We do not know if it is going to be professional office buildings as some of us would like or whether or not there is going to be a hundred and seventy five apartment units on the corner here and over time all the professional office along Bay Road converting over to high density apartments because if the zone is not clarified we have no way of knowing. You seem to have a crystal ball and have an understanding of what the sewer capacity on Bay Road will be please share it with us. Mr. Shaw-Lets talk about that, the sewer capacity on Bay Road to begin with the problems as far as sewering Bay Road, or capacity for the future does not necessarily lie in the pipes that we put out here. The problem lays downstream the downstream capacity problem is there it is always going to be there. The size of the pipe on Bay Road which if you look at the study is a twelve-inch pipe can take a lot more sewers than Bay Road would ever see. I am not getting into any zoning issue that is not where I am arguing, I’m arguing the fact you have a map plan and report that shows either a two-parcel district extension or a one- parcel district extension. All the other parcels along Bay Road would still have to come before the Town Board to have a district extension done noting you would still have control over the future of what happens on Bay Road as far as sewer. Don’t get me involved of what the zoning is, I am talking technically sewer. Councilman Boor-When you take a preference you are involved. These sewers need capacity now, they have systems that are failing right now as we speak. Director Shaw-Then let them go and sewer into Hiland Park, I am not sure you should be taking the Town Office Building this time and putting it into that piece is what I am saying. Councilman Boor-If we don’t then we cannot help them financially is that correct? Director Shaw-That is a legal question. Councilman Brewer-So the reason you want to is the Town has to help them financially? Councilman Boor-No, I have a letter here from Chuck Rice. Councilman Brewer-Chuck Rice has a solution to that problem. Councilman Boor-He has a temporary solution. Councilman Brewer-Three to five years, six thousand dollars. I want to do what is right. Attorney Michael O’Connor-Both plans show construction of a line to the full capacity of downstream capacity. There is no shortcut there as to what capacity is being built. That construction itself does not determine what is going to be hooked into it except I think that you think maybe that with the first plan that was offered there was a showing of apartment capacity and office apartments and you think that somehow you would be giving a blessing to apartments by approving or letting the plan go forward. The second plan that was offered does not come as far as that property and stops at the Cedars and serves only the Cedars. The timing on that is probably the same as the timing of Surrey st Fields wants this has to be approved by DEC as an extension by June 1, and begin construction this summer and that’s the intent. If it would satisfy those that are, concerned you might be enabling the corner property I would stipulate to amend the first plan so that the capacity that is attributed to the property on the corner is only what an office build out would be for the entire parcel. Councilman Boor-that is not the point. Attorney O’Connor-The point that Mike Shaw made and you don’t necessarily or it doesn’t register you haven’t focused upon it, simply by running a line up Bay Road doesn’t mean anything as to who is going to hook into it or what is going to be built. Every time some one hooks into it they have to come here and ask for a sewer extension, or district extension and you have absolute control at that time to take a look at what you have for capacity. Councilman Sanford-It would be foolish for us to do something that didn’t meet the future needs of the corridor. Until we get clarification as to what the future build out will be along Bay Road, which addresses the need to clarify the professional office intent we have to or we should under SEQRA assume the maximum build out which is not just Mr. O’Connor the corner of Blind Rock and Bay but is the 506 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 whole Bay Road corridor down to Cronin Road. I have lived around this area for quite some time and seen a lot of residential houses where there is now an Aviation Mall and that is not to say that these professional office buildings that we have along Bay Road might prove to be more economic for them to be torn down or converted over into multi family housing which has far greater demands then they currently have and we have to under SEQRA consider maximum impacts. Now, having said that, that is why I take issue, it is not the corner of Blind Rock and Bay it is the impact and the capacity issues associated with the whole Bay Road that we have to factor in and we cannot do that in an th intelligent manner until we understand what the zoning will be and that is why the 27 is a very important threshold date because at that particular point in time we will know if we are going to have clarity or we will know if we are going to be again slow dancing with this for quite some time in the road, down the road. I am not in a position until I have an absolute clear understanding on what it is going to be to be moving forward with that sewer because of those uncertainties. It would seem to me very foolish to agree to some form of an extension that cannot meet the future needs of the corridor. Taking care of the Surrey Fields issue despite some of the concerns that Mike mentions seems to be certainly more direct more straight forward and doesn’t involve in this quagmire and that is what I am suggesting that we do as a Board. Attorney O’Connor-The point in SEQRA and I think if you ask your Counsel you are talking about the action that is before the Board and the action before the Board is to approve a sewer extension which will serve one or two different parcels. That is the capacity that you are obligated to look at. When we did the sewer extension for Walmart we did it with one property, we did it with Walmart and the little restaurant that was in front of it, none of these properties were served along that extension. When Charlie Wood went to sell his property which was the first two properties along there he came back in and did a separate extension for that particular property. That is the way the history you have had about fifteen sewer extensions in the Town to date, every sewer extension has gone to the application, you have looked at the four corners of the application you have looked at the impacts. The difference between our proposal and what you are thinking about going through the back yard here is that they have probably about two thousand feet less line to run which would take care of all the hook up costs that they might incur, all the other charges that they are trying to say they want the town to participate in, that is a suggestion. Mr. Nick Caimano-I want to thank you all for entertaining this thing and realizing this is a situation that has been going on for over three years. Roger, I would like to ask a couple of questions if you could answer them. You mentioned that there was a couple of things that you were not sure of legal wise, on that laundry list of things that were asked. Could you enumerate those? Councilman Boor-No. Certainly not here. Mr. John Michaels- For construction, in getting this done our thoughts, it makes the most sense to put this line across country across the Town property you have an easement from Schermerhorn while you still have hard ground. Councilman Brewer-It is important that the whole board be informed on what’s going on, I am still in the dark I do not know what letter Roger is talking about, I think it is important that you inform the whole board of what is going on. Mr. Michaels-We made an agreement each homeowner it would be their option is the $5,900 get a grinder pump installed, power, everything installed everything beyond that we take care of all the expenses. Councilman Brewer-I do not think your agreement with the homeowners is important to me. My contention is there is a letter that Roger has that there is something from Mr. Kelly that I never got a copy of. Councilman Boor-I just got it. Supervisor Stec-I have had countless meetings for the over a year with Frank Kelly, Mike Shaw and John Michaels and combinations of the various ones and Frank stopping by and John calling and getting harassed at the County building by two elected officials that happen to live in Surrey Fields and that is fine, they are professional about their harassment. I have a lot of skin in this game and blood and sweat into this game too and very happy for what John has been able to do to try to address the problems without bogging down into the, well you know your warrantee expired. I have said this in front of groups I want to say it in front of a more public group right now. I think John went to bat where he probably could have taken legally very defensible position. He could have said I am going to play hard ball, and maybe it was a good business decision maybe it is not all that he is a great guy, I am going to guess it is a combination of the two. I know that he has put a lot of effort into this with Frank and members of your board and I support what we are trying to do we know that you have a problem up there. Although exotic Bay Road, it is not like Bay Road doesn’t, is a stranger to exotic sewer plans we have done one that wasn’t off the shelf before and maybe it wasn’t perfect but it got 507 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 something done that a sewer district would have never been able to pay for. We were able to get something done and bring it to Walker Lane even though the Town has been trying for two decades to sewer Bay Road, we could not get it done because it was cost prohibited until we entered into a exotic arrangement that for the most part worked out. These are some of my concerns. I do not care what your arrangement is, I understand it is going to be going back lots instead of front lot because that is where the connections are, that you are on the hook to get it to the street. I understand you are trying to minimize the costs of Surrey Fields and I am all for that but by the same token there are things the Town can do and can’t do or things we should do and shouldn’t do because we have to protect the Town, to make sure that we do not do anything that is inappropriate. Anything that is appropriate and I have asked Mike before is there a way to put this together that will save money and he has found a few things. The Town Board unanimously voted a couple years ago on a generic Town sponsored sewer plan to bring it up to the corner here we spent $18,000 noting they should respect it thinks they also should respect and I am concerned about the trend that I have seen in this matter and other town matters respect for department head input and Mike has a lot more experience in sewers and districts then anyone else at the town. It is not to say he is always right or that there isn’t another way, I do not discount whole heartedly your input. So, where are we, I am for which ever works. I have been working on this for a year, whether the rest of Bay Road is an issue, whether the corridor corner is an issue or not I want to get sewer there. We have a plan the question is do we go back lots here and there are pluses and minuses to doing as Mike has pointed out or do we go down to the corner here if it is available, it is was available that would save you money the cheapest route for Surrey Fields. It is not available today I am hearing that it could be available by the end of the year, certainly by the end of this construction season, certainly no guarantee and certainly it could be more than that. If it is more than that by all means go cross lots. I was involved in that meeting where we decided you know an easement over town property might not be a bad way to go. I would like to save you money, but if is not going to happen for some other reason, that might be too bad but I want you to know that my commitment and the commitment everyone on the board that we are going to get you sewer this year. We are not going to wrap this up tonight without benefit of Counsel. Surrey Field Homeowner-Asked when they will get an answer. Budget Officer Switzer- Doesn’t this have to be approved by the State Comptrollers Office? Supervisor Stec-I do not know. Director Shaw-I guess the real issue is can the Town connect in and do they pay in, can legally we pay in for a portion of that? Councilman Strough-By the tone it looks like we will be going this route. The Town is going to be serviced by a line just south of our property line just like the conceptual plan we had before. It will run just south of our north property line on the fifty acres we just bought. It will tie into Schermerhorn’s project it will service this building and it will service a future building that we may have on the fifty acres there and it will service you. Now we have to sit down and see if we should pay our fair share of what’s servicing our needs and that will help you. Mr. Nick Caimano-The question and the real reason we asked for that is the obvious one that Mike can verify you determine sewage by water use so when our sprinklers go off which do not go down the sewer we have to pay for it. Councilman Boor-So you do not pay that exorbitant rate you should buy the meter. Supervisor Stec- The second meter is the property owners charge. Director Shaw-Noted the placement of the second meter is important, and that cost is the homeowners costs. There is one issue I need to know, how is this handled, is it handled as a contract customer, if it is handled as a contract customer the Town can easily draw up a contact to one user the homeowners association, when you involve other users you either have to have a holding company or the Town has to create I believe a district or district extension, that has to be clarified. The best way to sewer their problem is by themselves going over and sewering into there. Unknown-Once a district is created does that increase our costs as users and increase our buy in costs and increase the time line? Director Shaw-It certainly could, when you create a district the Town has to become involve and there are certain statues we have to go through, a public hearing, DEC review, we have to have an engineer there is a lot of costs associated. The cleanest easiest is to keep us out of it if you want sewer as quick as possible we can handle you as a contract customer you can get a developer to make the connection. When you bring it over here the Town does it as a district extension, the Town has to go through a scenario, you are going to have a New York State licensed engineer, to develop this, your hired engineer, then you are going to have to have a map, plan and report and do a district extension. Unknown-On your own property? Director 508 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 Shaw-I believe you have to. Councilman Boor-I think municipalities are exempt from it, I will check on it. Councilman Sanford-What Mike is saying is they can be a contract user, hooking up to where we are here at the town that would probably we the way to go. Director Shaw-Anytime you do two with DEC they want either a holding company form or a Town owned district extension? Supervisor Stec-What is the next thing for the Town Board to accomplish. Mr. Shaw-In my opinion they need to know what we can or cannot pay for. Councilman Boor-I’m on that and there are other ways we can offer assistance that I think are legal. Supervisor Stec-I think what we need to do is continue the communication. WARREN COUNTY HISTORICAL SOCIETY-SUNNYSIDE FIREHOUSE RENTAL Discussion held regarding the Town putting the Warren County Historical Society in Sunnyside Firehouse. Dr. VanDyke-We look upon this as a shared adventure between the Town and County Historical Society. The reason why we would like this space is we like the amount of space and the fact that its on the ground floor it would lend itself to the needs that we have for the society to perform what we want to do, which is to conduct our non-profit organization. There would be an exhibit area where we could display the history both of the historical district in which we would be housed and the County itself. Councilman Sanford-Asked if this would be a place where they will store things. Dr. Van Dyke-It would be our actual business office and it would be a place for people to come when exhibits are available it wouldn’t be open all the time it is not a museum. Councilman Brewer-Spoke to the board regarding letter from Chuck Rice noting Chuck is using the building. Supervisor Stec-Chuck told me he is using the whole building as storage. Councilman Strough-Looked at the building with Councilman Boor on the west side it is being used by the voting machines those voting machines are going to be replaced in one year by electronic machines. Supervisor Stec-They are not going to be replaced by October. Councilman Boor-if you go into the truck bays to the far left in the back they have voting machines. All of the furniture that came from the Planning Department is in the rest of the bays. Asked if they should auction this stuff off regardless of who moves in there. The very back has a couple of trailers full of hand lawn mowers. Councilman Strough-We have an opportunity to get revenue for the Town. Councilman Boor-Asked who would pay for the building to bring it up to what the historical society would need. Dr. VanDyke-It could be worked out if you decide this is what you would like to do. We would ask you to provide the heat and the lights we expect to pay rent. Supervisor Stec-We are required by law we have a fiduciary responsibility to the Town it would need to be fair market value. Councilman Sanford- Asked Councilman Strough to set up a time for interested board members to do a walk- thru. Councilman Strough-To contact Mr. Rice arrange for a walk thru will e-mail everyone. Councilman Sanford-A lot is contingent on that recommended creating a sub- committee of two from this board to go further with some of the issues. Councilman Strough-Thinks as a board they can deal with this. Councilman Sanford-Asked Dr. VanDyke if she would be able to join them when they do the walk thru. Dr. VanDyke- Yes. Councilman Strough-To contact Chuck Rice and Dr. VanDyke will e-mail everyone. EXIT 18 MAIN STREET PROGRAM FUNDING – MARILYN RYBA Executive Director Marilyn Ryba-Question raised regarding funding, one portion that we do not know how it is going to be applied is the member item from Senator Little, a letter will be going to the County to get a better idea of where they think the money is going to be going. Our goal is to get a spread sheet and have everything listed. This project is very complex it needs more attention and more time, I would propose that this is something that should be on each and every workshop agenda. Discussed underground utilities, will be updating current costs and the difference between underground and poles. Discussion held on the Connector Road 509 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 Councilman Strough-Ideally the West Glens Falls Squad Building would go up first, then we put the Connector Road in, then take down the building which will not be utilized, in the mean time so they can transfer equipment and personnel to the new building can we rough something in? Supervisor Stec-I believe that is the plan. In order for West Glens Falls EMS to get their loan for the building their lenders are asking to see a current contract, they cannot get their loan until they can show them a contract. Once they have done that, I am hoping the first week in March, then they can start construction as soon as the frost is gone, they hope to be in the building August/September. RFP – TOWN ENGINEERING SERVICES Executive Director Marilyn Ryba-Requested that once the RFP’s are returned that they be reviewed by more than just myself. Questioned if the RFP should include engineering review on septic variances? What do we want to have, when asking for an engineer? Supervisor Stec-This is an important issue that the Town Board should have an interview night. Executive Director Ryba-Most engineers are looking at a site specific issue, spoke on the issue of having a Town Engineer on staff, they would review .. Councilman Sanford-The problem would be, technical competency is one thing, objectivity and independence is yet another, the problem is you get a Town Engineer they work in the system, how objective are they going to be? We have the same issue in a lot of areas in the Town of Queensbury as to whether or not people have a predisposed in terms of their attitudes, it is natural it is going to happen it is a political environment…even with outsiders there is. I would feel comfortable with is just being involved in the process to make sure in the selection process we have the dialog and discussions and then you live in this imperfect world where you are going to have to keep an eye on things and monitor things. Councilman Boor-Noted issues with a Town Engineer doing work for their clients that come before the Town, are they reviewing their own work? We have issues with that. Executive Director Ryba-The current contract is for an engineer to the Planning Board. Would like to have a subcommittee set up for the RFP, made up of people with opposite points of view take a look at the RFP, send it forward and then set up the deadlines, and set up a time for questioning before the deadlines and then the Board would be involved in the interview process. Councilman Boor-It is very difficult to hire or RFP and engineer with a criteria that we want to look at punitive impacts for any specific project we look at, but by the same token I think it is important that the Board convey that Queensbury has gotten to the point where myopic view has gotten us into situations that are less than healthy. We do have issues on them focusing on one thing and I do not think it is inappropriate for us to ask, granted you will be reviewing a project but we would also want you to consider because of zoning in an area that do we run a risk of not being able to build it out as zoned? That is a thing that does not get addressed in engineering. Councilman Sanford-That is what can be addressed in the interview process, how they handled it in the past. Supervisor Stec-John and Tim will be on the committee. STOP SIGNS 510 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 Hudson Pointe Blvd. and Hyde Court proposed four way stop, Councilman Brewer noted that this is an area where children gather to get the School Bus morning and afternoon. th Caroline and 5 Street proposed four way stop – Councilman Brewer requested a four way stop Steve (unknown) At Upper Country Colony at the crest of a hill you cannot see either direction once you come off from Country Colony it is also a designated Bus Stop and the other one was at Reardon Road which is fairly open but if you can break the momentum, once they get started they stop and then they get going and then stop again. In the winter time we have a traffic flow of a hundred and a hundred and fifty cars an hour. Councilman Boor-He has some good charts and he has a gun which shows the speeds. It shows the miles per hour and the number of cars. th Supervisor Stec-Will set a public hearing for the 20 of March, for a three way stop at th Upper Country Colony and Tee Hill, a four way stop at Caroline and 5 Streets and Hudson Pointe Boulevard and Hyde Court. Councilman Sanford-Will put off for now Reardon Road? Councilman Boor-I would recommend we not do it, and see what the other stop intersection does on Upper Country Colony and Tee Hill. Speaking on behalf of the proposed stop intersection at Tee Hill and Upper Country Colony – John Jackson and Steve Sady SHERMAN AVENUE PARKING Councilman Brewer-Received several letters about parking on Sherman Avenue when Morris Field has activities they park on the Road…it is an unsafe issue. Discussion held regarding the number of events that can be held on the field at the same time…will have that looked into… Councilman Brewer-Noted that he felt there could be events also at the Dome where people will park on Sherman Avenue… Request no parking on Sherman Avenue from Seward to Oak Tree. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 110.2006 INTRODUCED BY: Mr. Tim Brewer 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 the following: Fire and EMS Contracts and Planning Board Alternate Appointment. th Duly adopted this 13 day of February, 2006 by the following vote: AYES; Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 511 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 111, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby moves out of its Executive Session and moves back into the Special Town Board Meeting th Duly adopted this 13 day of February, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION SETTING PUBLIC HEARING ON YEAR 2006 WEST GLENS FALLS EMERGENCY SQUAD, INC. AMBULANCE SERVICE AGREEMENT RESOLUTION NO.: 112, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect with the West Glens Falls Emergency Squad, Inc. (Squad) expired on December 31, 2005, and WHEREAS, the Town and Squad have negotiated terms for a new one-year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed agreement for emergency ambulance services, NOW, THEREFORE, BE IT 512 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town th of Queensbury and the West Glens Falls Emergency Squad, Inc., on Monday, February 27, 2006 at 7:00 p.m., 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 ten (10) days prior to the Public Hearing. th Duly adopted this 13 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 85,2006 REGARDING PUBLIC HEARINGS ON FIRE PROTECTION SERVICE AGREEMENTS RESOLUTION NO.: 113, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 85, 2006, the Queensbury Town Board scheduled five (5) separate public hearings concerning each of the proposed new, 2006 Fire Protection Services Agreements between the Town and each of its Fire Companies: Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls th Volunteer Fire Co., Inc., for Monday, February 27, 2006 at 7:00 p.m., and WHEREAS, since the time that the Town Board adopted such Resolution, the Town Board has proposed an amendment of the 2006 contract amounts for the Queensbury Central and West Glens Falls Volunteer Fire Companies and therefore, the Town Board 513 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 wishes to arrange for the publication of a revised Notice of Public Hearing which will reflect such proposed, amended contract amounts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 85,2006 such that the proposed 2006 contract amounts for the Queensbury Central and West $555,000 Glens Falls Volunteer Fire Companies shall be for Queensbury Central Volunteer $430,000 Fire Co., Inc., and for the West Glens Falls Volunteer Fire Co., Inc., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a new Notice of Public Hearing concerning these proposed 2006 contract amount changes once at least ten (10) days prior to the Public Hearing which is set for Monday, February th 27, 2006 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 85, 2006 in all other respects. th Duly adopted this 13 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: None Discussion held before vote: Councilman Boor-We are going to require them to spend the monies on the truck. Budget Officer Switzer-That can be included in their contract. Supervisor Stec-If you want the ten, then that means that the balance has to be cleared out. Budget Officer Switzer-I will have to verify the balance. RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 114.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 13 day of February, 2006 by the following vote: 514 SPECIAL TOWN BOARD MEETING 02-13-2006 MTG. #6 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury