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2007-08-13 SP MTG36 897 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 SPECIAL TOWN BOARD MEETING MTG. #36 AUGUST 13, 2007 RES. 367-371 6:30 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SR. PLANNER STU BAKER ZONING ADMINISTRATOR CRAIG BROWN FISCAL MANAGER BARBARA TIERNEY Supervisor Stec-Opened the Meeting DISCUSSIONS: COMMUNITY DEVELOPMENT DEPARTMENT UPDATE Supervisor Stec-Dave Hatin is on vacation. ? Garage Sales Councilman Brewer-Noted there seems to be on certain streets and certain persons having garage sales every weekend, it is a full time job for the summer. The issue is not the garage sale but the traffic, blocking the roads. Other areas people have things left out for sale all year long. Discussion held regarding times of garage sales-Friday at 4:30 thru Monday at 8am. No garage sales during the week allowed. Zoning Administrator Brown-Will send his memo on this to the Town Counsel for his review. ? COMPOSTING st Supervisor Stec-Noted he had complaints regarding composting in the 1 Ward. At present there are no restrictions regarding composting. Zoning Administrator Brown-There is an existing section in the Code illegal dumping, the only part that is not addressed is organic material, suggested that be added to that section. ? Property management / aesthetics Councilman Sanford-Spoke on properties in the Town having several vehicles and un-kept property Councilman Boor-Question the enforcement of un-kept properties? 898 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 Zoning Administrator Brown-This will be difficult, you will have a lot of opposition over it, how can you tell me how many registered vehicles I can have on my property? How far do you want to go? Noted that he will research the Building Code and other areas that may have local laws. Councilman Sanford-Requested that Administrator Brown research this proposal and come back to the Board with a proposed local law. ? Fencing around ponds Councilman Sanford-Regarding man made ponds, there is a requirement for fences around swimming pools do we have anything in law to provide for public safety around ponds? We have nothing. Zoning Administrator Brown-Questioned how far the board wants to go? ? Contract with Saratoga Associates Councilman Boor-Noted that they should be doing more according to the contract. Two of three items have not been completed and they have been paid 90% of their contract. Sr. Planner Baker-Noted he will bring this to the attention of Town Counsel. ? Grant Sr. Planner Baker-Received $400,000 for housing rehab … Councilman Brewer-Requested a workshop in regard to who will administer this grant. ? Draft Zoning and Subdivision Reg. Sr. Planner Baker-How do you want to go over the draft zoning and subdivision regs? Supervisor Stec-Will set up workshop on that and interviews for Assessor and Planning Candidates. Discussion: B&L/RK Hite Underground Utilities/Easements Update Supervisor Stec-We are at a cross roads with underground utilities and Main Street and where that is going. Three items: a. proposed from RK Hite for what he estimates his work and easement costs to acquire property on Main Street for the utility easements b. Ltr. Barton and Loguidice for their estimate on the continuing work c. e-mail cost for overhead vs. underground 899 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 Town Counsel Mark Noordsy-Two areas to be discussed in executive session 1. litigation with National Grid regarding local law requiring underground 2. acquisition of utility interests and valuing that Councilman Sanford-Questioned with the changes that have been made would another public hearing be necessary? Town Counsel Noordsy-Not with regard to your contact with B&L. Spoke to the Board regarding the possible need for a SEQRA Public Hearing. Board discussed whether a public hearing should be held… Supervisor Stec-what we need to know right now we need to see the information so we can set up and get ready for what we will have a public hearing about. Councilman Brewer-Questioned if the Federal or State monies will be used for the acquisition costs? Unknown-No acquisition costs are covered. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 367. 2007 INTRODUCED 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 moves into an Executive Session to discuss litigation with National Grid and acquisition costs. th Duly adopted this 13 day of August, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 368. 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. 900 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 th Duly adopted this 13 day of August, 2007 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. Supervisor Stec-We have a basic direction as far as the plan for moving underground utilities along, however we do have a B&L supplement in front of us. Councilman Sanford-We will have a public hearing and if the decision is to move forward then we would entertain the additional costs associated with the work you would be doing. Representative of Barton and Loguidice-One of the main points of the additional services is that National Grid does not do an inventory of their services so we had a proposal for consideration on doing an inventory. Noted the underwriter also does not perform this service. This proposal is to do the inventory, design the services and show them on the plans and do the details on the plans. Questioned if the Planning and Building Dept. would do the inventory? They would determine the location of the service inside. thth Supervisor Stec-Noted a public hearing could be held either the 10 or 24 of September. Asked that B&L do the presentation. Councilman Sanford-Requested an outline of their presentation on the town’s Main Street project. Supervisor Stec-Tied to that public hearing would be a resolution, of whether the town’s conceptual approval of the project moving forward or not and would authorize B&L supplemental agreement. Councilman Sanford-Would like to have a certainty to numbers associated directly with their services of B&L. Representation of Barton and Loguidice-We have a number of contracts with the Town every contract including parts of this contract have fixed numbers. This particular aspect does not have that, we don’t know. I can give an attempt of here is the scope of work but if something comes up that is outside that, that we don’t know about, I would guess there is going to be a lot of those things. th Councilman Strough-Ltr. August 8 from Barton and Loguidice P.C. 1.D additional engineering services questioned if the water and sewer are basically done? 901 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 Representative of Barton and Loguidice-The water and sewer has been designed, the water is in the roadway the sewer is in the southern sidewalk, so the sewer is in the common utilities as of now. Councilman Strough-1. (h) coordinate the efforts of the Town Attorney, Town Staff, Azimuth Surveying and RK Hite in the development of easement documentation, what does that mean? Representative of Barton and Loguidice-The town has various contacts, one with RK Hite in procuring these, one Azimuth Surveying who prepared the easement documentation so we have met with numerous owners there are technical questions such as moving a box. Councilman Boor-When is enough, enough are you on an unlimited time frame? Representative of Barton and Loguidice-Estimated time for each house two hours. We will coordinate with Azimuth if the easement document needs to be changed. Councilman Strough-You will be the main coordinator to see that all the pieces fit together. Representative of Barton and Loguidice-That is what we have been doing all along. Councilman Strough-2 (b) Coordinate with New York State DOT, Warren County and CHA to determine and identify landscaping and design elements will be included within the County Route 28. We have the design elements basically except for fine tuning on Main Street are you saying that the two are not being coordinated? Representative of Barton and Loguidice-They are not, we reviewed it, we have contacted the County and Clough Harbor and I advised that we have questions, I wanted to gather your input before I go to them and we all sit down. The landscaping is not as extensive as it was shown in the Main Street Plan, the lighting is not, some the medians and pedestrian access and amenities, benches, are not shown in the plan right now. Councilman Strough-Noted the Town has had no input on the lighting, that has been a County thing. We need to sit down with the County and coordinate our design scheme. Representative of Barton and Loguidice-Noted Clough Harbor is the engineer for the County on this project. Councilman Strough-2 (c) It says develop a Better Development Agreement between the Town and Warren County. It says water and sewer would that also include… Representative of Barton and Loguidice-The Betterment Agreement between the Town and the County is any work that will be done by the contractor under the County’s contract, that the Town will be paying for there is an 902 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 agreement in place ahead of time that says the terms of how the town is going to pay it. The town will have to put the money up front for this project even before they let the project by DOT to do the water, you portion of the water all the sewers and any portion of the underground utilities that if yours to pay for any streetscaping improvements anything like that. There is an agreement that has to be put in place between the Town and the County. Councilman Strough-3 (b) The Town may require assistance with the development of lighting district along Main Street. Isn’t that the Counties? Representative of Barton and Loguidice-The County as part of the project would essentially buy and install the lights. Councilman Strough-You would help form the district? Representative of Barton and Loguidice-We can help form the district there is also a maintenance agreement that has to be put in place between National Grid and the Town. Supervisor Stec-Asked from Barton and Loguidice a more detailed memo regarding the additional engineering services describing the twenty four thousand dollar increase. Councilman Sanford-How does it happen that you have a certain amount of money that the Board has authorized and that you go over it and come back and say you have gone over twenty four thousand is that appropriate? Representative of Barton and Loguidice-The projection that was made back in Sept. last year to carry through another chunk was to project it into the first quarter of 2007 we are obviously beyond that. We proceeded in good faith at our own risk to keep the project moving. That amounts to about twelve thousand of the twenty four. There was twelve thousand that was effort that was put in after Marilyn Ryba left in coordinating the various projects. Supervisor Stec-Noted EDC will pay for half of the twenty four thousand, no bills have been issued to anyone. Representative of Barton and Loguidice-As of tonight do we do anything on this project? Supervisor Stec-In the next three or four weeks how much activity will there be? If we don’t do anything for three weeks are we really shooting ourselves in the foot? Representative of Baron and Loguidice-I do not think so. Supervisor Stec-We will wait until we hear from Counsel. You have the read on the board if you feel like this really ought to get done. Noted if they need help at the County level let us know. The County has been very accommodating to the Town on our wishes for this project, specifically on the design. We are holding up their project on our underground utilities and they have been very patient about it. 903 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 DISCUSSION: 2008 SALES TAX REBATE Supervisor Stec-Councilman Sanford, Fiscal Manager Barbara Tierney and I reviewed the rebate and concluded that the Town could do the two million again next year. We are not saying that two million is repeatable for ten years or for every, we felt that keep continuing the two million dollars again next year is our recommendation to the Board. If there was no discussion we will have a resolution prepared for the next meeting. Councilman Sanford-Noted there are two variables, how sales tax is going to trend and how the Town is going to spend money. If we don’t alter patterns in either then the perpetuation of the two million dollar rebate probably will go to 2010 maybe 2011. Councilman Brewer-This rebate when we first started this it was an extra step to off set County taxes for the Town of Queensbury because they were going to raise, I think we have to hold their feet to the fire to hold their spending as we do and then it is just a big bonus. The County cannot always count on the Town always coming up with two million to off set their budget spending. Supervisor Stec-The overall trend historically the sales tax revenue has trended up our sales tax revenue is going to go up because our equalization rate just came in at 79% so when we go to full value that is going to help for next year a higher sales tax revenue for the Town. I think there is good news from the CIP spending fund as far as our fund balance it has been coming down, we have not had a lot of CIP expenditures this year. Discussion held regarding the funds for the landfill. Will research to see what amount should be carried for the landfill closure. Councilman Boor- Noted that we are testing less and the risk is less. Supervisor Stec-Right now the CIP is 1.2 million but if we get the answer that we expect to get on the other we might be able to make the 1.2 a 3.2. Board is in agreement on the rebate of two million. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 369. 2007 INTRODUCED BY: Mr. John Strough 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 a CSEA Grievance Step three and the employment history of two individuals. th Duly adopted by this 13 day of August, 2007 by the following vote: 904 SPECIAL TOWN BOARD MEETING 08-13-2007 MTG. #36 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 370. 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 13 day of August, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No action taken in Executive Session RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 371. 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns is Special Town Board Meeting. th Duly adopted this 13 day of August, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury