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2006-08-14 SP MTG31 1 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 SPECIAL TOWN BOARD MEETING MTG. #31 August 14, 2006 RES. 390-396 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH- Absent COUNCILMAN TIM BREWER Budget Officer Jennifer Switzer Sr. Planner Stu Baker Director of Pine View Cemetery Mike Genier Warren County Soil and Water Dave Wick GUESTS Ken Clafin-Auditor Paul Derby-President Glen Lake Association Mary Devine Marty Barrington Supervisor Stec-Opened the Meeting RESOLUTIONS . RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5076 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM RESOLUTION NO.: 390, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, a single family property Case File #5076has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and 2 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 WHEREAS, property rehabilitation specifications have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Thirty eight thousand one hundred twenty dollars and no cents ($38,120.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, the Homeowner is eligible to receive a grant for up to $15,000 from the Governor’s Office for Small Cities Program and up to $10,000 from the New York State Affordable Housing Corporation Program and up to $5,000 from the Town of Queensbury Community Development Loan Fund, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a Grant for Case File #5076, Queensbury, New York, in the amount not to exceed Thirteen thousand one hundred twenty dollars and no cents ($13,120.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of August, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Brewer, Mr. Stec NOES : None ABSENT : Mr. Strough Discussion held before vote: Councilman Sanford-These three resolutions total $38,000 I looked at the house there is no question that the work is needed. In the future is it possible before you go too far when you have something that is going to deviate from the typical approved amount that the Town Board get a heads up ahead of time? When we give that amount of money someone else may not be afforded the opportunity to receive any grant money because this is in essence twice the normal amount. Sr. Planner Baker- We can certainly do that. We did consult with Councilman Brewer on this project early on, it was in his Ward. If the Board as a whole would like to be consulted on project of this scale early on we can consult with the Board early on. Up until this point we have only been financing individual projects with grants from one particular funding source 3 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 and that is where the twenty thousand cap has come in, in this case we are actually hitting the cap on not one but three funding sources. Councilman Sanford-Questioned that the amount of money that is being put into this home to rehab it will end up being very close to or greater than fifty percent of what it is really worth. Sr. Planner Baker-We had that discussion the problem being we have no funds for rebuilding so the choice was do we support rehabbing the structure or do we walk away. The tipping point was the history and stability of both the family that occupies the property and the neighborhood as a whole. Councilman Sanford-When you do criteria for eligibility questioned if all incomes are taken into account? Sr. Planner Baker-All incomes in the household are considered. Councilman Boor-Questioned if the other funds that are being used do they have a cap, similar criteria etc.? Sr. Planner Baker-They do, will put together a refresher memo to the Board of all three funding sources. RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5076 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE AFFORDABLE HOUSING CORPORATION – AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM RESOLUTION NO.: 391, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant Program (CDBG) to cover up to 40% of eligible project costs, and WHEREAS, a single family property Case File #5076has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Thirty eight thousand one hundred twenty dollars and no cents ($38,120.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and 4 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 WHEREAS, the Homeowner is eligible to receive a grant for up to $15,000 from the NYS HOME Program and up to $10,000 from the New York State Affordable Housing Corporation Program and up to $5,000 from the Town of Queensbury Community Development Loan Fund, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a CDBG Grant for Case File #5076, Queensbury, New York, in the amount not to exceed Fifteen thousand dollars and no cents ($15,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of August, 2006, by the following vote: AYES : Mr. Sanford, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : Mr. Strough RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5076 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM – NEW YORK STATE AFFORDABLE HOUSING CORPORATION AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM RESOLUTION NO.: 392, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State 5 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 Affordable Housing Corporation Affordable Home Ownership Development (AHOD) Program to cover up to 60% of eligible project costs with a maximum grant not to exceed $10,000, and WHEREAS, a single family property Case File #5076has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Thirty eight thousand one hundred twenty dollars and no cents ($38,120.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, the Homeowner is eligible to receive a grant for up to $15,000 from the Governor’s Office for Small Cities Program and up to $15,000 from the New York State DHCR HOME Program and up to $5,000 from the Town of Queensbury Community Development Loan Fund, and WHEREAS, a lien will be filed against the property for the benefit of the New York State Affordable Housing Corporation for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves an AHOD Grant for Case File #5076, Queensbury, New York, in the amount not to exceed Ten thousand dollars and no cents ($10,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of August, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT : Mr. Strough 6 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 393, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Alonzo Fireworks Display, Inc., on behalf of the Double H Hole in the Woods Ranch, has requested permission to conduct a fireworks display as follows: SPONSOR : Double H Hole in the Woods Ranch PLACE : Great Escape Theme Park th DATE : Saturday, August 19, 2006 TIME: 9:30 P.M. (approximately) 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 the Double H Hole in the Woods Ranch, 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. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. 7 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 G. A diagram of the grounds on which the displays are 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 Queensbury Central Volunteer Fire Company, Inc. The Sponsor and/or entity performing the fireworks display shall finalize all display arrangements in a way and timeframe to ensure that all Fire Marshal and/or Fire Chief inspections can be conducted during normal business hours only so that all such inspections can be completed during daylight hours. 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 8 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 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 14 day of August, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Brewer NOES : None ABSENT: Mr. Strough Discussion held before vote: Supervisor Stec-Noted he had contacted the Fire Marshal to have him again notify the fireworks company that they need to have this material to the Town in a timely manner. RESOLUTION AUTHORIZING HIRING OF COLBY GARB AS FULL-TIME LABORER FOR CEMETERY DEPARTMENT RESOLUTION NO. 394, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery Commission have advised the Town Board that there is a vacant full-time Laborer position in the Cemetery Department, and WHEREAS, the Cemetery Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended the hiring of Colby Garb, and WHEREAS, Mr. Garb currently works for the Cemetery Department as a Temporary Laborer, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Colby Garb is the son of Chuck Garb, a Working Foreman in the Town Highway Department, 9 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th Cemetery Superintendent to hire Colby Garb as a full-time Laborer effective August 15, 2006 contingent upon Mr. Garb passing a pre-employment physical and subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Garb be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of August, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Strough RESOLUTION AMENDING RESOLUTION NO.: 362,2006 CONCERNING GRANT FUNDING FROM THE NEW YORK STATE CANAL COPORATION TO IMPLEMENT ERIE CANAL GREENWAY PROGRAM RESOLUTION NO.: 395, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, by Resolution No.: 362, 2006, the Queensbury Town Board expressed its support of the creation of a voluntary Erie Canal Greenway, as proposed by the Governor and recommended in the Report by the Interagency Task Force, and 10 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 WHEREAS, since the time that the Town Board adopted such Resolution, the Senior Planner has advised the Town Board that additional information is available regarding the scope and administration of the project, and WHEREAS, the County of Warren and the Feeder Canal Alliance wish to coordinate efforts with the Town to further the common public purposes of the project, and WHEREAS, cooperation between municipalities and non-profit entities is encouraged by the statute creating the Canal Grant Program, and WHEREAS, the amount of grant funds available to the Town will not be affected by the involvement of the City and/or the Feeder Canal Alliance, and WHEREAS, the Town Board wishes to amend Resolution No. 362, 2006 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 362,2006 such that the Town of Queensbury will act in cooperation with the County of Warren and the Feeder Canal Alliance to apply for grant funds from the New York State Canal Corporation for improvements to the Feeder Canal, and BE IT FURTHER, RESOLVED, that the project will include recreation improvements in the area of the canal both within and outside the Hudson River Overlook Park, and BE IT FURTHER, RESOLVED, that the Town Board will provide matching funds for the Project consistent with the Grant Program with the total cost not to exceed fifty-percent (50%) of the total Hudson River Overlook Park Project costs of up to fifty thousand dollars ($50,000), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to join in the application for grant funds which will be filed by the County, and BE IT FURTHER, 11 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 RESOLVED, that the Town Board authorizes and directs the Town Supervisor to enter into Intermunicipal agreements and/or interagency agreements as necessary to affect this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Senior Planner to forward a copy of this Resolution and any other needed documentation to the New York State Canal Corporation and the Senior Planner and/or Town Supervisor to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 362, 2006 in all other respects. th Duly adopted this 14 day of August, 2006, by the following vote: AYES : Mr. Sanford, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Strough Discussion held before vote: Sr. Planner Baker-At Councilman Sanford request this afternoon the third resolved was amended to address a maximum cap on the match to be provided by the Town in this case fifty thousand. Agreed to by both Councilman Brewer and Councilman Sanford. Supervisor Stec-It looks like the City will be able to get their list to the County and the County will do a grant application on behalf of the Town, City and Feeder Canal Alliance. Councilman Boor-Questioned what the total cost will be? Supervisor Stec-We are looking at ninety five, the City will be a little over a hundred thousand. DISCUSSION ITEM NO. 1 2005 TOWN ANNUAL AUDIT DEBRIED BY KEN CLAFLIN Mr. Claflin-Spoke to the Board on the major operating funds, briefly reviewed the footnotes and then went over to the management comments. On government accounting the equation is current assets equal current liabilities and equity, it is not total assets and total liabilities. All I am doing is applying and saying that the financial statements are in accordance with GAP or in this case not in accordance with GAP and it is a regulatory basis of accounting and they are fairly stated. You are getting an audit which is the highest level of service that we offer. We test internal controls in accordance with government auditing standards. The regulatory basis issue is to avoid GASB 34, avoid the cost of doing that and avoid the time it takes. We will re-evaluate if we should be doing that or not. What stands out in the General Fund is that we have no debt, it is a strong balance sheet. Undesignated net assesses as a percent of the budget in 2005 our undesignated net assets were 46% of our budget. We could almost go a whole year without raising a dime. You do not want to be any lower than 20% or higher than 30%, just throwing out percentages. Spoke on the liability of GASB 45 need to be in compliance by June of 2009, noted there are many options to this. On the income side the non property tax items are down nine hundred and seventy five thousand dollars, due to the County retaining a million dollars in that year. Inter fund revenues that 12 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 we had in 2004 that we do not have in 2005. On the expense side, everything is pretty much in line, employee benefits is up twenty two percent. Highway Fund, very little to say only a couple hundred thousand dollars in assets, operating transfers is funded a 100% by the general fund with a little State Aid through Chips money. Expense side employee benefits up 18%. In the Water fund I wanted to mention we have a large liability for deferred revenue. Discussed landfill funds in the capital reserve. Spoke on the differences between the fire and water, water and sewer funds need a higher level of fund balance to operate than do other funds because of the receivable involved that they have to keep up. Regarding GASB 34 twenty years for infrastructure, it is just the detail information, you do not record anything in the books you record things just they way they are after we are all done with the audit you come up with the total governmental funds and then on an excel spread sheet you make the adjustments to come up with your second set of books. You never record things on a ledger but the only piece of information that we are missing is infrastructure, water sewer line, roads in capitalizing those items and depreciating those. We would have to do that if we move forward. All long term and fixed assets and liabilities would be seen on the balance sheet. Spoke to the bonding agencies, right now it does not matter it is the waive of the future and we are going expect that. The advantages to doing this it is state of the art, one of the disadvantages is the cost, if you do it right I do not think the cost is going to be that large, ongoing basis it is very small it is just the initial cost. I would recommend a college kid out of business college for the summer that is the time you implement it. Once we have the information we can make the conversion, twelve to eighteen hours to make the conversion. This will be more users friendly. Noted for the Board that Jen and Joann do a great job. DISCUSSION NO. 2 GLEN LAKE SOIL & WATER PROJECT NEEDS – DAVE WICK AND PAUL DERBY Supervisor Stec-Three areas to be covered 1. Outlet Dam, bank stabilization 2. Stormwater improvements in the Glen Lake Area 3. Long term plan for area Paul Derby-President of Glen Lake Association Introduced Dave Wick from Warren County Soil and Water - Reviewed the dam stabilization issue on Glen Lake, proposed to use labor and machinery from the Town of Queensbury to do the work under the guidance of Warren County Soil and Water. Dave Wick-Noted that this is a low head dam, concrete wing wall on one side of the Glen Lake outlet and then a concrete head wall on the far side of the outlet. In the middle of the two walls is a keyway that the water passes thorough they have the ability to put boards in there to elevate the level of the lake. At issue is the amount of soil material that is facing either side of the concrete wing walls. Initial concern was the first wall, which could be an easy fix, more of a concern from my perspective is the far side of the dam where it is actually water appears at a time as elevated up over the spill way and gone around the back side of that concrete wing wall. If there were future rain storm events that came up to that level again they would go around to the back side of the wall before they would go up on top. There would be an erosion effect on the back side of it. It doesn’t appear now that there is any thing structurally with the dam, once again if you wanted a full assessment you would need a qualified engineer. We would recommend reinforcement of that structure, backfill it. To do the near side bring in X amount of material and we would oversee working with the Highway Dept. to get the rock in. We do need to get across the outlet and get to the far side and the entire outlet is only twenty to twenty five feet, we need to span that outlet with two or three twenty four inch culverts and lay material over those and actually get an excavator across and work in the keyway between the two abutments. We build a causeway across that to allow water to pass thorough those culverts so we can reach the far side and start to pile and stack rock. Supervisor Stec-Questioned the permitting time? Dave Wick-The DEC permit will be handled by us, we have a standing permit, the Core of Engineers is another factor, that is putting fill in a navigable waterway. 13 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 Councilman Boor-Are the rocks going on both sides of the dam or just the back side of the dam. Dave Wick-Just on the upstream side of the dam and the far side abutment we will have to take a closer look at that. Councilman Boor-Will the culverts be left in? Dave Wick-No. Supervisor Stec-How long will this take? Dave Wick-Three or four days. Paul Derby-Noted that access is through the Associations property. Councilman Sanford-Questioned the cost on the project. Dave Wick-Approximately three hundred dollars in materials. Councilman Boor-How high is the keyway? Dave Wick-They can raise it approximately 30 inches. Councilman Boor-Have you ever pulled all of them out? Paul Derby-Yes, there has not been a board in the whole summer, because of high rains. Councilman Boor-Is that an issue? Dave Wick-No it is actually better. There is only three to four inches going over the keyway the water is way down. Councilman Boor-Questioned if the dam should be reconfigured or is it not an issue? Dave Wick-If the dam was not there you might lose two feet. Paul Derby-Noted even with the rains this year we have not had any flooding. Supervisor Stec-Will have the Town Attorney work on the resolutions that will be needed to be addressed. Larger project will be the storm water infrastructure around the lake and identifying current conditions and future needs. Paul Derby-Spoke on storm water analysis, this will look at the different pieces of the water shed and makes recommendations as to where storm water management is needed. Dave Wick-We have done water shed assessments, identifying non point sources of pollution entering the lake, this is an obvious next step. Councilman Sanford-Spoke to the Board in regard to prohibiting fertilizer use around water ways, lakes etc. th Councilman Boor-On the 26 at the North Queensbury Fire House there is going to be a wastewater management district discussion for Lake George, some of those issues will be coming up at that. Supervisor Stec-Asked Dave Wick if he needed anything from the Town in regard to doing this study? Dave Wick-If we could get some funding from the Lake Association to off set thirty percent of our costs to do it that would be great and go thorough my board a lot quicker. We would 14 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 try to put this on our calendar for October. Need a week of field work, week of analysis we could have something by late fall to present to the Board. Supervisor Stec-Have you done the whole Halfway Brook Corridor? Dave Wick-Noted that work has been done. Supervisor Stec-Would like to see that work updated. DISCUSSION NO. 3 84 BAY PARKWAY FOR DEEP HOLE TEST MARY DEVINE AND MARTY BARRINGTON Supervisor Stec-I think you understand how we got to where we are as a Town right now, and you know how it is impacting you. The gentleman that did your test last September was not on the list that was approved at the time and as you know earlier this year we have removed the list in contemplation I believe of a long term solution that we have not come to yet. I think our long term plan was to improve the quality of these things because it is important to the lake and to the affected homeowner. Ms. Devine-I do have a concern about the timing on this, why we are just finding out about it now when our project has been under review been on file with the Planning and Zoning Board and staff has reviewed it and the gentleman who is not on the list Keith Manns there is no question about his competence his ability his professionalism. There is no issue as far as I know in regard to the test that it was valid when it was done and my question just a general, why didn’t anyone tell us, we could have fixed this. Councilman Boor-That is something that we are trying to address right now. Ms. Devine-We could have fixed it in March, April, May or June. There is no answer it is fundamentally unfair. Supervisor Stec-I apologize, I do not have an answer why no one at any point said that. Councilman Boor-Did you have an Attorney when you had your deep test pit? Ms. Devine-Yes Councilman Boor-A local Attorney? Ms. Devine-Yes Councilman Boor-And he did not tell you? Does this Attorney do a lot of work in Queensbury because he would have certainly known. Ms. Devine-He did not say a word, and neither did our architect. Councilman Boor-Our Code Enforcement Office should have pointed it out that this gentlemen was not authorized to do it. Supervisor Stec-Your actual test was done, last September? Ms. Devine-Yes. Councilman Boor-There are some questions to be answered, one is you want to put a new system in, is the new system going where the old system is? Ms. Devine-Essentially. Councilman Boor-Was the test pit done where the old system is? 15 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 Ms. Devine-Yes. Councilman Boor-That is a problem. Ms. Devine-I was not there when it was done, I assume. I know CT Male looked at it and they were comfortable with it. Councilman Brewer-Why couldn’t we as a Town Board, pick an engineer to witness these. Councilman Boor-There may be other systems that you might want to go with depending upon what the conditions are. You run the risk of having this test done and they say you can’t do it. That is not the end of the world there are other systems. You are going with an Eljin System and there are certain criteria that has to be there. Ms. Devine-I trust him to have done the test correctly. Councilman Boor-We get an engineer out there he will look at it and he will say this is what I am going to recommend. Supervisor Stec-Do we want to and I do not know if there is a comfort level here or not to say, I certainly would argue that two PE’s that are eye balling something are certainly going to give you more comfort than one. So, an applicant is going to say we are going to bring out guy out and we say find and we want CT Male to send somebody that is qualified to witness it, does that satisfy us in this interim period? Councilman Boor-I would not throw any names out there…we can make calls tomorrow. Ms. Devine-What does this do I know this PORC Committee is doing revisions to the Zoning Law, those are going to become affective relatively quickly. Supervisor Stec-That will be in the next calendar year. Councilman Boor-They are not going to affect you, you already have an application on file. Ms. Devine-We do not have a building permit and have not started construction and that is my concern. If this keeps getting delayed. Councilman Boor-I cannot answer that but I do not think that you have an issue. Councilman Brewer-We will collectively come up with an engineer, to go out and witness this test, and you pass the test and come up with a system to put in as far as we are concerned you are ok to go. Whatever the PORC Committee is doing will not affect your project if it happens this year. When you get a building permit it is good for a certain period of time, it is good for a year so it is valid for a year for you to be able to start construction per your plans, if we change something after the fact it does not affect you. Ms. Devine-If you are saying that and if that is on the record I am comfortable. The timing of the deep hole test you changed that after the fact. Councilman Boor-What we did we brought it into compliance with what the State says. Ms. Devine-Which is a recommendation not a requirement. Councilman Boor-But you are in a CEA, that is important. Ms. Devine-I do not object to that, just tell me the rules up front and I will be happy to follow them. Supervisor Stec-We are going to say go get this test done again. Councilman Boor-We will have our engineer witness it and give a recommendation as to what type system is appropriate. 16 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 Supervisor Stec-But in any event the deep hole test will be done. Ms. Davine-If we do have to have change from the Eljin System do we have to get new approvals from the Planning Board? Councilman Boor-That is only us, you do not have to go back to them. Supervisor Stec-When the deep hole test is done, whether that means you need to change the design of the system or not the Town doesn’t care what the system is we care where the system is. The only thing that you need from the Board of Health for a septic variance is a distance variance, where this field is located. As long as the field is in the same location so you meet all the setbacks then you do not need to come to us again. If for some reason they say you need a different system and it is a larger system and now where you were ok before you cannot physically fit it there then you would need to come for a variance. I will tell Dave it is the decision of the Town Board to have a Town Engineer witness your engineer redo the test pit. DISCUSSION NO. 4 CLUP PROGRESS UPDATE STU BAKER Sr. Planner Stu Baker-There are two things to be discussed 1. If and how you want to incorporate John Strough’s piece into the draft 2. The Board has discussed adding committee members to the PORC Committee Is that still a consideration and if so when will that happen. The work of the Committee is continuing to go forward, this Thursday they will be reviewing draft code revisions. Councilman Brewer-How many people would be helpful to you? Sr. Planner Baker-The Committee started out with eight they are currently at four. Supervisor Stec-I would recommend going back up to eight. Sr. Planner Baker-The Committee is reviewing Article III of Chapter 179 so they starting on the Zoning Code. Councilman Boor-Is this a red line type thing or are they totally rewriting it? Sr. Planner Baker-It is going to be a red line, as per your request, striking out what is to be deleted and showing what is being inserted in the Code. Councilman Sanford-Chris has mentioned in the past that you were more interested in looking at not so much uses but looking at design criteria, I appreciate where you are coming on that but I do not agree. It would probably be more productive if that was settled before you got into that kind of thing, because I would hate to see a lot of work when it may not be anything that is going to pass this Town Board. I want to keep 179 pretty structured for me to feel comfortable with it vs relaxing it and dealing with more conceptual ideas. Mr. Chris Hunsinger-I think as we have moved thorough the process some of the thoughts considered from based zoning have really evolved, I do not think anyone was ever really taking a position that we were proposing a strict formed based zoning without any regard to land use. One of the comments that we have heard pretty clearly is certainly there are incompatible land uses that you do not want next to each other or on the same parcel. I think one of the concepts that we have thought about but have not yet come up with a proposal is to begin to identify those. I think we are going to find common ground on that concept. I think that might be a good example of how this process has worked. Even though we had started out with broad concepts there has been a middle ground found through the whole public participation process. Councilman Sanford-To take the number of Zoning Classifications and eliminate a number of them and consolidate a number of them and have fewer, that is another thing philosophically makes sense but in terms of application we probably should have a better 17 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 understanding among the Town Board and this Committee before you get too far ahead. How can we up front provide some reasonable level of guidance so the Committee can do their work knowing that it is going to be appreciated work. Councilman Boor-I do not want to leave cracks that can be exploited there is always going to be give and take. There is sometimes in zoning where we can not make a case for what we believe it says. Anytime we can eliminate interpretation we are miles ahead. Councilman Sanford-We still have finalized the CLUP, I like what I am seeing but I want more in it and more detail. I read the original draft, noise ordinance was put in, I think neighborhood esthetics are becoming increasingly important I do not know how that would be fit into the document. Supervisor Stec-We need a public hearing so that it gives time to react and staff a chance to react to input from the public and Town Board so we include a second public hearing. I think we are looking at a September date for a public hearing. Councilman Boor-Suggested at every work shop select a chapter in the CLUP and as a Town Board we do what we can with it. Supervisor Stec-I think that is a good idea. Councilman Sanford-Regarding John’s comments on Appendix B I see no harm in it, I see it as a resource it would be at a very least a reference appendix, the problem is getting people to do the work. I would do my items in my Ward but he had an idea of someone being a consolidator of whatever we give them and of course John would do a lot himself. It could be included as an addendum A. Sr. Planner Baker-RE: Inventory Analysis piece, A lot of what Councilman Strough put together covers much of the same territory, however the departure point is that in the inventory and analysis piece, that the committee has already finished it is mainly historical background and data basis where in John’s piece there are policy statements integrated throughout and if those police statements are items that the Board wants to keep they should be pulled out and put in the draft policy section of the plan. Chris Hunsinger-there is a comment that appears throughout the document several times and it comes from the Open Space Vision Plan and the quote is –a reasonable balance of development in open space translates to economic prosperity and environmental health- if that is an important policy pull it out so you do not have to read it several times and put it somewhere else. Sr. Planner Baker-There is a lot of work that the Board would like to do to the plan and I think in order for that to happen it is going to mean moving the proposed September public hearing date back quite a bit, I would like to have a work plan from the Town Board as to how you get from where you are now to having a draft plan ready to put forward. Councilman Boor-An addendum can come after the zoning. Chris Hunsinger-The difference between the work John did and what was previously done his piece was very specific. Councilman Sanford-Noted that Councilman Strough had a person in mind to go over the draft and make it flow better and he was anxious for the board to talk about that concept. Supervisor Stec-Re: additional members to the committee select from regular attendees of the PORC Committee and other members of the Planning and Zoning Board Members if they are interested… Councilman Sanford-Would like to see a reasonable representation from outside of what I would call government. 18 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 Councilman Brewer-Asked that Chris forward us a list of all the people that regularly attend this thing and we can each suggest two names. Supervisor Stec-Suggested that we can handle this over e-mail so we can get it done. Unknown-Suggest that there be a couple of Town Board Members on the PORC Committee. Supervisor Stec-Noted that there is a lot of continuity with the staff involvement, and the Board Members can attend and observe the meetings. Councilman Sanford-In the New York State Law Service it talks about the exact same kinds of Boards that we have here and they suggest typically you have one or more Town Board Members as part of them. Councilman Brewer-Lets set a goal to get four to six new members and get together with them and send them in a direction that we want to go in and then if it is necessary to have a Town Board Member on that I have no objection to that. DISCUSSION NO. 5 2007 SALES TAX REBATE AMOUNT st Supervisor Stec-We need to have this to the County by September 1 Presented to the Board fund balances for the entire general fund. The use of 1.5 million would be revenue neutral this is assuming budgets and revenues stay flat. Councilman Sanford-Suggested going with 2 million and put a half million into a restricted cash fund we are preparing for future contingencies. Councilman Boor-Questioned if GASB can be reversed? Supervisor Stec-Yes we can abandon it. Noted 2.5 million was aggressive last year but not undoable, 2.5 for indefinite is not repeatable, 2 might be very repeatable for five to six years without touching it. Board agreed to two million Supervisor Stec-Will have a resolution prepared for next Monday. DISCUSSION NO. 6 RFP FOR TOWN COUNSEL Board agreed to have applicants send in their information to the Town Clerk for distribution. Discussion held regarding the proposed RFP…agreed to have a draft sent to the Board Members and if agreeable the Town Clerk will send out the necessary paper work. DISCUSSION NO. 7 MAIN STREET Supervisor Stec-Barton and Logudice has already taken the lion share of the coordination effort and we can ask them to take it over completely or Chris Round started this but has been out of it for awhile. Board agreed to the expansion of the duties of Barton and Loudgious but will have more information and a resolution to authorize the duties. 19 SPECIAL TOWN BOARD MEETING 08-14-2006 MTG. #31 RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 396, 2006 INTROUDCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 14 day of August, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Strough Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury