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1996-02-26 SPECIAL TOWN BOARD MEETING FEBRUARY 26, 1996 4:30 P.M. MTG #11 RES 108-111 BOH 1-2 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT BOARD MEMBER ABSENT COUNCILMAN CAROL PULVER TOWN OFFICIALS Paul Naylor, Highway Superintendent Jim Martin, Executive Director of Comm. Development Cathy Geoffroy, Comptroller Supervisor Champagne called meeting to order ... 1.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING REGARDING ACQUISITION OF FIRE EQUIPMENT FOR BAY RIDGE VOL. FIRE CO., INC. RESOLUTION NO. 108, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., desires to acquire twenty-five (25) New Scott Aviation Air Packs in accordance with tax-exempt financing provided under ~147(f) of the Internal Revenue Code of 1986, and WHEREAS, the Bay Ridge Volunteer Fire Company, Inc., (the Issuer) desires to finance the purchase of said equipment, and WHEREAS, the issuer has negotiated with Associates Commercial Corporation to enter into a lease purchase agreement qualifying as tax -exempt bonding under ~ 147 (f) of the Internal Revenue Code of 1986 as amended, and WHEREAS, said Internal Revenue Code requires a public hearing to be scheduled by the municipality under which the Issuer is subject to contract to provide fire services in the Town of Queensbury, and WHEREAS, the said Issuer pursuant to ~147(f) of the Internal Revenue Code of 1986, as amended, has requested that the Town Board of the Town of Queensbury hold a public hearing pursuant to said statute to authorize the approval of said financing and authorize the Supervisor of the Town of Queensbury to execute an approval of said financing to comply with the statutory requirements, and WHEREAS, the Town of Queensbury desires to facilitate said financing on behalf of the Issuer, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes a public hearing with respect to said financing to be held on March 18, 1996 at 7:00 p.m. in the Town of Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, for the previously stated purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Clerk of the Town of Queensbury to publish a notice of public hearing as soon as possible in the official newspaper for the Town of Queensbury, said notice to be published at least 14 days prior to the scheduled public hearing date as required by ~147(f) of the Internal Revenue Code of 1986, as amended, and said notice to be in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall not and does not, by this resolution, create or intend to create, any assumption on the part of the Town of Queensbury, of any obligation or liability for the financing referred to herein, other than that which may exist by virtue of the agreement entered into between the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc., for fire protection services dated December 1995, which agreement is in writing and contains the full terms agreed to by the parties. Duly adopted this 26th day of February, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT: Mrs. Pulver 2.0 COMMITTEE REPORTS Councilman Turner noted that there will be a resolution for the March 4th board meeting to set a public hearing for lights in the Baybridge Development. Councilman Monahan referred to the Fox Farm PUD public hearing for Monday night and recommended that the board not complete Part II of SEQRA until we have the town's engineer review the plan. Executive Director, Mr. Jim Martin recommended that the board try to achieve at the meeting an accumulative list of concerns that the applicant will have to respond to. 3.0 PLANNED DISCUSSIONS ITEMS 3.1 AMTEK Updates - Ronnie Travers Ronnie Travers from AMTEK reviewed wage and salary structure updates with the board. Town Board held discussion and agreed to the following change: Confidential Secretary to the Highway Superintendent from grade level 4 to grade levelS Town Board agreed to move forward with the AMTEK wage and salary structure and requested resolution of adoption be prepared for March 4th meeting. Employee Handbook Ms. Travers and the Town Board reviewed the Employee Handbook and recommended some revisions... add union contract as an addendum to the handbook... section 202, recommended two separate files for each employee, a payroll file to be controlled by the Town Comptroller and a confidential file to be controlled by the Town Supervisor... Executive Director, Mr. Martin referred to section 303 and requested that two positions, Code Compliance Officer and Fire Marshal be reviewed further to see whether they belong on the overtime exemption list... Supervisor Champagne recommended that the Water Maintenance Distribution Supervisor be removed from the overtime exemption list... made changes to the office hours... section 402, when permanent flex time is being considered, the Town Supervisor should be notified by the department head... section 403, emergency closing, the town never closes but if an employee from a non- essential office chooses to leave, it's out of their personal or vacation time to be approved by the department head... section 405, time records, if there's a Monday holiday, time sheet must be submitted by ten o'clock the following Tuesday... section 501, tardiness, delete last sentence... section 505, eligibility delete paragraph 3... section 709, Step-Daughter and Step-Son, remove language must live within the employee's household... section 715, add phone number and address of the Employee Assistance Program... section 1001, personal appearance/dress code, delete the language, in accordance with departmental rules and reflective of job requirements... 1005, telephone use, minimal personal use except in the case of emergencies, or to briefly check on family matters... Town Board will continue discussion for later in the meeting... (Councilman Monahan momentarily left meeting) RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 109,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 26th day of February, 1996, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Pulver, Mrs. Monahan QUEENSBURY BOARD OF HEALTH Supervisor Champagne opened discussion regarding a failed septic system at 56 Boulevard in Queensbury ... introduced Dave Hatin, Director of Building and Codes to make presentation. (Councilman Monahan entered meeting) Mr. Dave Hatin, Director-Does the Board have a copy of the letter that I sent? Supervisor Champagne-Yes. Mr. Hatin, Director-Basically, what we have here is a system that has failed. The owner is present tonight if you wish to talk to him at all. He has tried to make some repairs to the system that has not taken care of the problem. We currently have ponding septic water in a hole that's on the property. It's a two family apartment house. One tenant has moved out as of today, she was moving out when I was there. The other tenant, I advised him that he should probably seek other shelter until this problem is resolved and I'm asking the board to take some type of action because I can't do anything on my own ...the Board of Health action is the only way we can remedy the situation. Councilman Goedert-How long as this been going on? Mr. Hatin, Director-About a week and a half now, we've been trying to get it resolved but to no avail. Supervisor Champagne-I guess I would like to hear from the owner. Would you like to come up please to the mic and maybe respond to that concern? Your name please? Mr. Randy Ellis-Randy Ellis. This system is kind of wet right now, it's all wet there. The lady next door is complaining quite a bit about the septic system and I've heard about it before and she smelled the septic system and I investigated in the neighborhood, mine was not breaking ground. The person next door to me is, it's running right down their driveway, right down the street, right in front of my house and that's what I found today. I did too what he said, dig it up so that he could see the system was in there like I said it was. But I did find a broken pipe, I replaced the pipe and I haven't covered it up but it did fill up with rain water over the past week. I don't know what to do about it now. I will put a new system in if that's what it needs. Supervisor Champagne-Well, I guess our problem is that if there is an open septic tank there. Is that what I heard you say? It has been dug up? Mr. Ellis-I dug it up so that he could take a look at it. Supervisor Champagne-Okay, so it is open now, exposed and your recommendation David would be? I mean if he had to make the necessary repairs, what are we talking about? Mr. Hatin, Director-Well, I guess we've been going back and forth. I have notes here, when he first advised me of the broken pipe, I asked him to dig it up and take care of it. I went back and found water leaching to the service again, so he dug it up again, still standing water, still had a broken pipe. But according to the septic contractor that was there with him, he did find a piece of a broken pipe but that still does not solve the problem. He still has standing septic water that is not leaching in the ground because it's backing up in the septic tank which as an open top and then up ponding the hole that's there. Short of maintaining it pumped, as long as there's tenants in the building, that's the only way you can remedy it right now. The problem I have right now is I have ponding sewage just sitting there, he promised me he would pump it last weekend and I came back Tuesday after the three day holiday and nothing had been done. So, I mean it's... Councilman Monahan-Pumped it to where, Dave? Mr. Hatin, Director-He has a septic hauler come in and pump the tank itself. I talked to the septic hauler and verified that he had not done anything over that weekend. Councilman Turner-So, the sewage is coming out of the house and it's going out the discharge pipe into the septic tank and it's not leaching out of the septic tank into the field. Mr. Hatin, Director-Right. Yes, it's a combination of a failed septic system and possibly groundwater. It's fairly deep in the ground and the groundwater is high down there. Councilman Turner-Yes. Is it a concrete tank or a steel tank? Mr. Hatin, Director-It's a steel tank and then it goes into a concrete tank and I'm not quite sure how the setup is there because things just don't line up correctly. The elevations aren't what you normally see. Councilman Goedert-But he says it's the neighbor's tank. Mr. Hatin, Director-Well, that's news to me because I talked to him this morning and that's the first time I've heard about the neighbor's tank and I was down there, of course I didn't go to the neighbor's house, I had no reason to. The neighbor's is probably about seventy-five to hundred feet away. I had no reason to be there, this is on the backside of the house along Queensbury Avenue, that's where I was today. He's talking about on the Boulevard, the next down. I'll go down, I'll check that tomorrow morning, first thing. This is the first I've heard about it. Councilman Monahan-But you're sure that his system is ponding? Mr. Hatin, Director-Oh, there's no doubt about it. I would have pictures here tonight if they were developed but they weren't ready at the photo lab. Supervisor Champagne-Well, I think that's been pretty much admitted here that there is a problem there. Mr. Ellis-There is now that I've dug it up, yea, I do see a problem. Supervisor Champagne-What's your next move? I mean, what do you intend to do? Mr. Ellis-I wanted to get a permit and put a new system in. Councilman Turner-Was that there when you bought the property? Mr. Ellis-The system? Councilman Turner-Yes. Mr. Ellis-No, I had it put in eight years ago. Councilman Turner-What have you got? You've got a steel tank, then it goes out to a pit tank? Mr. Ellis-A steel tank, a big pit tank, a thousand gallon tank and then there's two hundred feet of leach field. Councilman Turner-So, what are you saying? Are you saying that the high groundwater is causing the problem ofleaching from the system? Mr. Ellis-When I dug it up, it was raining, I did it in the rain and the hole filled with water. I don't know if it's all groundwater or if the system has actually failing or not but if it needs a new one, I will put one in. Councilman Turner-Do you have a cellar in the building? Mr. Ellis-Yes. Councilman Turner-Do you pump? Mr. Ellis-I have a sub-pump, yes and it has been pumping. Councilman Turner-It's pumping? Mr. Ellis-Yes. Councilman Turner-Does it run all the time? Mr. Ellis-No. Mr. Hatin, Director-I talked to Mr. Ellis this morning, he told me he would put in a new system but he didn't have the money to do it right now and that's when I advised him that this would be going before the board because of that reason. Normally, if a person was going to put a system in, we would just let them go and put the system in. He claimed, he told me this morning he couldn't afford to do it. Councilman Goedert -Well, does it require a new system or does it just require being pumped off? Mr. Hatin, Director-No, I think it requires a new system. From all the evidence we've seen, it requires a new system. Councilman Monahan-Well even, you know if alot of it is groundwater, you've still got to take care of that groundwater somewhere in the system either by putting a mound system in or bringing in new soils and amending the soils or what. Mr. Hatin, Director-Well with a change in some of the plumbing coming out of the house, I think we can raise the system, that's not a problem. But that's, one of the problems is the system is too deep the way it's installed right now. Councilman Goedert-He says he put in a new system in eight years ago? Supervisor Champagne-Yea, that doesn't seem like an awful long time to have a system fail to be honest with you. Councilman Turner-How deep is it, Randy? Mr. Ellis-It is deep, I dug down quite a bit. Councilman Turner-How deep? Mr. Ellis-I would say four foot. Councilman Turner-Four foot? Mr. Ellis-Yea. Councilman Turner-That's way down too far. It should be up, well up so that the sun reacts to it. Mr. Ellis-Yea. Mr. Hatin, Director-According to the neighbors, this has gone on for about six months now. This is not first time she's called me. No, she said it's been going on since last fall when she called me about two weeks ago. Councilman Monahan-Well that's hearsay evidence, really. I mean if nobody saw it six months ago, you can't go by what somebody said. Mr. Ellis-All the rest of the neighbors say that, that house next to mine has been breaking ground for the last year. Councilman Monahan-So, are there people in there now or has everybody moved out? Mr. Hatin, Director-One tenant was moving out this morning when I was there, one tenant is still there. Councilman Monahan-And is the tenant that's still there intending to move or are they intending to stay or? Mr. Hatin, Director-I advised them this morning that we were taking Board of Health action, they may close the building and that he should seek other shelter until the system is fixed. Mr. Ellis-I also asked Dave if it would be a better idea if he could somehow close the house to get the people out. I would rather have the people out, they're trashing the place, they're not taking care of it. That would be the best way to get them out. Mr. Hatin, Director-That's not really our... Councilman Turner-No, that's not our call. What's your proposal to repair the system? How long is it going to take you to do it, if the house is closed down? Mr. Ellis-Well, I'll get right on it right away. Councilman Turner-Yea, but I mean if it's, if there's obviously alot of water in there, you're not going to do much. Mr. Ellis-I've been digging it by hand and it's just a, you know it's below the holes in the tank right now. So, it's leaching something. Councilman Monahan-But does it have any place to go to? Councilman Turner-What's that soil down there, Paul, you've dug down there? Mr. Paul Naylor, Highway Superintendent-Where is he talking? Councilman Turner-The Queensbury Avenue and the Boulevard. Supervisor Champagne-The green house on the corner. Councilman Turner-What's that soil, is that clay? Mr. Naylor, Highway Superintendent-It's sand. Councilman Turner-Sand? Mr. Naylor, Highway Superintendent-You shouldn't have any trouble with groundwater down there now. Councilman Monahan-I know further down it's a high water table, when you get down to where that farm is and stuff, it's real high water table. Supervisor Champagne-Haven't you got shale down there too? Mr. Naylor, Highway Superintendent-You've got rock back towards the hill, there's a hump in there. When I laid the water line there for Kubricky years ago, right where we put the drainage it's all ledge. Come back over by Dorn's, that's all sand. Supervisor Champagne-Oh, is that right? Councilman Monahan-Did you run into high water there or not? Mr. Naylor, Highway Superintendent-I don't ever remember high water down in that neck of the woods. Councilman Monahan-Down further along Dix Avenue there's high water. Mr. Naylor, Highway Superintendent-Not that I've ever seen. Councilman Monahan-There is. Mr. Naylor, Highway Superintendent-It's all sand. Councilman Monahan-No, it's high water down there. Supervisor Champagne-Well, how are we going to resolve this? What's your next move, Dave? Close the building down? Mr. Hatin, Director-My advice to the board would be to close the building, shut the water off until the system is repaired and then once he repairs the system we will issue a certificate of compliance and he can open the building back up with no concern of ours. Supervisor Champagne-I guess this is my first experience so, I've got to ask a question. Does the town have the rights and privilege to do this to a family and put them out of a building given... Councilman Monahan-If you've got an unhealthy structure, an unsanitary condition, yea. That's part of your duties as the Board of Health. Councilman Goedert-I would like to know what constitutes an unsanitary condition? Councilman Monahan-Well, if you've got a septic system that isn't working, you've got an unsanitary condition. Councilman Goedert-I realize, that's on the outside, right? Councilman Turner-Yes. Councilman Goedert-They're not living out doors, they're living inside. Councilman Monahan-But you're exposed to all that stuff. Mr. Ellis-It wasn't breaking ground until I dug it up. Supervisor Champagne-It was not breaking ground? Mr. Ellis-No. Mr. Hatin, Director-Yes, it was. It was. It was, definitely, it was coming to the surface and running down the driveway a week ago. Mr. Ellis-I can get witnesses to that, it was not breaking ground. Supervisor Champagne-Well then, can we some how cover it back up and expect not to have the surface water come back to the top? Mr. Ellis-He asked me to cover it up when I was digging the pipe up Mr. Hatin, Director-That's how I know it's coming to surface. Mr. Ellis-And it broke ground then because the pipe was, broke off and he had me cover it, the broken pipe and the water had no place to go but to come up. Councilman Monahan-You didn't repair the pipe when you had it uncovered? Mr. Ellis-I did afterwards, yes but he wanted it covered right then and there. I had to do what he said. Mr. Hatin, Director-That's not the way it happened. I went down there on a complaint, found an open hole with a four by eight sheet of plywood over it. I asked Mr. Ellis to cover it. He said he had a broken pipe, he said he repaired the pipe and covered it with dirt. I went down there the following Monday, this happened on a Friday, I've got the dates here. There was water laying on top of the hole. You could see where the water had been laying there and running down the driveway. I asked him to once again take care of it. He covered it with more dirt and also said he repaired the pipe again. As far as I know he's repaired the pipe three times and every time I go down there, I still see standing water in the whole. The water level is above the inlet of the tank. Okay, actually above the cover in the tank where it comes into the first tank. It's two to three inches or four inches above that cover standing there. Mr. Ellis-You saw it today? Mr. Hatin, Director-Yes I saw it today, I've got pictures of it. Mr. Ellis-I saw it today also and it was not. Mr. Hatin, Director-The problem that we've got is that the system is not leaching properly and when it backs up, it backs up to the easiest point of least resistance which is the fresh ground and runs down the driveway. It's the bottom line, he's got a failed system. We've gone around and around for a week and a half on this, that's why it's to this point before the board. Councilman Goedert-The only question I have for you Dave, if you have gone around and around for a week and a half, why is it an emergency tonight? Mr. Hatin, Director-Basically because I've given Mr. Ellis every chance to resolve it and he hasn't. Councilman Goedert -So, it wasn't a health hazard until tonight? Mr. Hatin, Director-It was still a health hazard but he told me last week, last Friday, a week ago Friday when I left for the holiday weekend, he said he would have the septic hauler go down there and pump it out, find out what was wrong with it and maintain. I called the septic hauler on the following Tuesday, nothing was done and the septic hauler met me down there about eleven o'clock Tuesday morning. Councilman Goedert-When you say septic hauler, you mean somebody to pump it off? Mr. Hatin, Director-Right, right. The septic hauler, I talked to him the following day, he said that he did indeed find a broken pipe but in his opinion the system has failed. And I've asked Mr. Ellis to do something and I basically told him that the quickest I could get this to the board was tonight and I said he had the weekend to fix it or it would go before the board tonight and that's why we're here now. So, he was advised of that last Friday, actually last Thursday. Councilman Goedert-Friday and then he had Saturday and Sunday to correct the situation which brings us to tonight? Mr. Hatin, Director-Right because this is the first board meeting that you've had. I went to Fred with this last Thursday. Supervisor Champagne-Well, I guess it would be my opinion that we, as far as the board is concerned, resolved that the Town Board of the Town of Queensbury hereby sets forth a future date and time before which the homeowners will be asked to appear to discuss this matter for the board and to take further actions that maybe necessary and I think I'd like to set a date to do that. I personally will go down and if I find standing water there, then obviously we've got to take action and then action could be shut the water off within twenty-four hours. Is that satisfactory to the board? Councilman Monahan-We have to do that action by board resolution. Supervisor Champagne-I understand that. Councilman Monahan-So, what you're saying right now, give them a time to have it corrected or that we come back and do some further action. Supervisor Champagne-I'm not ready to shut that house down tomorrow unless you are? Councilman Turner-But if he can't afford to fix it right now then you've got to shut it down. Supervisor Champagne-Well, no question about that but... Councilman Turner-Okay, but I mean he just stated that he wasn't going to fix it right now. Supervisor Champagne-He didn't state that. Councilman Turner-Yea, he did. Supervisor Champagne-Dave stated it. Councilman Turner-Somebody stated. Mr. Hatin, Director-That's what he told me this morning. Councilman Goedert-He also, he states that it's coming from the neighbor but you haven't been to the neighbors and you can't verify if it is coming from the neighbors. Mr. Hatin, Director-The problem of his system has nothing to do with the neighbors. Councilman Goedert-Okay. Mr. Hatin, Director-It's not even close to the neighbors. Mr. Ellis-You were called because they smelled septic system. Mr. Hatin, Director-No, I was called because they complained about your specific house and the specific location where I found the problem. Mr. Ellis-The same lady whose calling about all the complaints. Mr. Hatin, Director-She has mentioned nothing about the house next door to you. Mr. Ellis-That's where the problem is. Mr. Hatin, Director-Then I'll go down there tomorrow and find out. Supervisor Champagne-Well, I will make it my point to go down... Mr. Ellis-I wish somebody would go over and see the other house... Mr. Hatin, Director-I'll go there tomorrow, this is the first I've heard about it is right now. First time anyone said a word about it. Supervisor Champagne-What do we want to give him, five days or until March 4th? Councilman Turner-Give him until March 4th. Supervisor Champagne-Okay? Mr. Hatin, Director-Seven o'clock? Supervisor Champagne-March 4th, seven o'clock here. The house will be shut down the following day, I mean if that's legal, I don't, as I said, I haven't been through this before. Is that reasonable? Mr. Ellis-Yes. Supervisor Champagne-Okay, this resolution then is going to state that you will have this as of March 4th at seven o'clock, will have another public hearing at which time you'll come back and... Mr. Ellis- I also need a permit to get this done, right? I asked him today if I could get a permit to do this, he said I couldn't do it, he was going to shut the house down today. Mr. Hatin, Director-That was never said. Mr. Ellis-We disagree on an awful lot of things here. Mr. Hatin, Director-You're right, we do. We sure do. Supervisor Champagne-Yea, well that's not uncommon. That's not uncommon, that's part of the act here. Mr. Ellis-I'd like somebody else to go down and see it. Councilman Monahan-Okay, Dave, let's answer that question right now. If he comes in tomorrow to get a permit, will he have a permit issued to him? Mr. Hatin, Director-As long as he can show us a legal system, he can put it on the property, he can get a permit. He could have got a permit today if we wanted one. It's not what he told me. Supervisor Champagne-That shouldn't be a problem. Mr. Hatin, Director-I never told him he couldn't have a permit. I told him that we were going to take some action tonight. Councilman Monahan-It may be a problem putting in the system though because if he's got high groundwater, you know, somebody is going to have to engineer that system and it isn't going to be just dropping a tank in down there. Supervisor Champagne-That's up to hirn. All we care about is as of next Monday, March 4th that he has something in there that will work. Councilman Goedert-And you know what steps you have to take to do that, correct? Mr. Ellis-Yea, I am an excavator, I do put systems in. He's telling me that I'm not right and I'm saying I am, that's the bottom line. Supervisor Champagne-Well, we understand we have a problem down there. I personally will go examine it myself tomorrow. Mr. Ellis-There could be a problem, there's been alot of water and it's been open for a week for him to go down and look at it and it's done nothing but rain in it. There could be alot of water in there now. Supervisor Champagne-Well let me take a look at it tomorrow and we'll go from there. In the mean time by March 4th, you're telling us that you're going to have that taken care of and corrected? Mr. Ellis-I'll get a permit and start on the septic system. Supervisor Champagne-Okay. Councilman Monahan-And Dave you'll make sure that he knows that during the construction of that what time you have to be notified to do your inspections and all that? Mr. Hatin, Director-Most definitely. RESOLUTION REGARDING UNSANITARY AND UNSAFE CONDITION AT PROPERTY DESCRIBED AS 56 BOULEVARD, QUEENSBURY BOARD OF HEALTH RESOLUTION NO.1, 96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury, acting as the Local Board of Health, hereby, after considering certain information brought to said Board by David A Hatin, Director of Building and Codes Enforcement, finds that there is an unsafe and unsanitary condition at the property owned by Mr. Randolph L. Ellis, Tax Map No.: 111-6-17 and located at 56 Boulevard in the Town of Queensbury, and that the unsanitary and unsafe condition consists of an open excavation with ponding sewage, which appears to be that used for a septic system by virtue of the testimony of David Hatin; that the said open septic system is to be immediately covered and made to the best extent possible, inaccessible to other individuals who may be happening across the property and that Mr. Hatin is authorized to spend a total amount not to exceed $200. from the Local Board of Health account for such purposes, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby sets forth a further date and time before which the homeowners will be asked to appear to discuss this matter and for the Board to take further action as may be necessary on March 4th, 1996 at 7:00 p.rn., and BE IT FURTHER, RESOLVED, that a copy of this resolution, together with a letter, will be furnished to Mr. Randolph Ellis as owner of the aforesaid property as of to day's date, by reference to the Town of Queensbury assessment records. Duly adopted this 26th day of February, 1996 by the following vote: AYES Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO.2, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Queensbury Board of Health hereby adjourns and enters regular session of the Town Board of the Town of Queensbury. Duly adopted this 26th day of February, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Pulver PUBLIC HEARING - SMALL CITIES GRANT NOTICE SHOWN 7:30 P.M. SUPERVISOR CHAMPAGNE-Okay, let's open the public hearing on the Small Cities Grant. Who wants to be first? COUNCILMAN MONAHAN-Excuse me, should we have Jim or Pat or somebody do a little introduction so people kind of have the scope of what this public hearing? SUPERVISOR CHAMPAGNE-Well I'mjust saying, who wants to go first? MR. JIM MARTIN, EXECUTIVE DIRECTOR-I've asked Pat to come here tonight and speak to the public and the board about some general information she has about the program and then as well as any specifics that are being looked at, I think pretty much conceptually at this point until we firm up some information out of the surveys that have been sent out. We did send out a survey to an area essentially north of Corinth Road, south of Luzerne Road and the state avenues, that was thought to be a target area for some housing assistance and so on and we're waiting the results of those surveys. I think Pat can speak a little to that, we have some preliminary results back. So, I'll just turn it over to Pat, I think she's got a lot of information. We also have Chris Hunsinger as well from the Warren County Economic Development Corporation to address any questions that may be about the economic development component of the grant. MS. PAT TATICH-This evening's meeting is to do several things. It is a desire by the Town of Queensbury to pursue funding under the Federal Small Cities Community Development Block Grant Program and to that end, there is certain required elements of public participation and input as well as information to be presented regarding the availability of funds. I think it worked out well for us in as much as O'Brien and Gere is here tonight on the water project because they had prepared information for the town's application last year to HUD for the West Glens Falls Water District and certainly if we move in that direction, we'll need some updated information from the town via the engineers. We have prepared a general program information, we have a handout that we provide to all the Town Board members as well as interested residents regarding the small cities program and in the essence of time, I think I will highlight some of those items and certainly you could read this handout at your leisure. The program, the community development block grant program has been in existence since 1974 and the program has provided over 13 million dollars in funding for a variety of activities to county communities. The Town of Queensbury has participated a number of different times in the program specifically for the improvements to housing and some public improvement activities in the West Glens Falls area of the town. In addition, the town has participated with the county in a variety of programs under the community development program. Most recently the county's initiative under the new home ownership line we have in the county constructed forty-two homes. I'm happy to say about a third of those homes have been in the Town of Queensbury. So, we've had participation over the years for a variety of activities sponsored by the small cities program. The town would like to, it's my understanding the town would like to seek funding for a variety of activities in the West Glens Falls area and first and for most would be to try to achieve fundingefor the water improvements that were not funded in last year's round. We came within three points last year of getting funded and it was an awfully close but did not receive funding. Secondarily we would like to look at some other activities. Jim had mentioned the housing surveys that went out to the residents of that area. Jim, I don't know how many surveys were distributed in total. MR. MARTIN, EXECUTIVE DIRECTOR-I think we had roughly three hundred and fifty. MS. TATICH-Three hundred and fifty. We have, we received to date forty-seven applicants or applications, surveys back. Of those, thirty-three are eligible, income eligible and have expressed a need for housing assistance. The program is driven by income eligibility for housing rehab services. Of those records that we received, those surveys that we received we had, fifteen of those were elderly households, twenty-three households had children, there were seventy-six persons in all who are income eligible. Of those, twenty-one were severely deteriorated, meaning that they probably needed a maximum amount of assistance and eleven those were moderately severe. So, we assume that we're going to continue to get surveys in over the next week to identify the amount of assistance that would be requested in the West Glens Falls area. We have several other projects that we would like to consider under a comprehensive grant approach for the Town of Queensbury. In addition to the water and the housing rehab activities we entertain the opportunity to do some housing replacement under a new home ownership initiative for that area. In addition to that we talked about the opportunities for recreation and perhaps some sewer extension and economic development activities. Jim, perhaps you can speak to those three areas? MR. MARTIN, EXECUTIVE DIRECTOR-In terms of recreation as we discussed conceptually, there's been alot of talk or response out of the community I should say for a neighborhood type park, something that was easily assessable either walkup or bicycle to, preferably without crossing any of the major arterioles to service the residents of that area. The northway really acts as man-made boundary. We do have one park that's just on the western side of the northway but with the presence of the power lines in that area, it's really not conducive to a ball field or anything of that nature and it is also not a very centrally located to the populace over there. So, we were hopeful that something along a neighborhood playground or walkup park might meet the need that's been demonstrated, especially at the public informational meetings we had on Hudson Park. Now, in terms of the economic development component, Chris Hunsinger's office, we coordinated with him on this. He was helpful in sending out some surveys to micro enterprises across the county to see if we may be able to offer some micro enterprise assistance, meaning micro enterprises are those businesses that employee five or fewer employees. Again, this was in our neighborhood meetings with the comprehensive plan. We did get some response from people that they were interested in economic development and especially for those businesses that are so to speak, home grown that are within the town. So, an economic micro enterprise assistance program would be that type of program that is not only just a loan program, actually that is the backside of the program, so to speak, the second half. The first half is training those businesses to be good businessmen, what goes into advertising, what goes into proper bookkeeping, what goes into proper business plan, development and so on to make them competitive in their various businesses. Then after they go through their program they have available, in needs be, a loan, a modest loan I would say. They average I think in the neighborhood of twenty-five thousand dollars. I don't know if Chris wanted to say anything more to that. He's actually I think participated in those in Vermont. MR. CHRIS HUNSINGER-I don't know if I could really add anything additional. When we first met, we really talked about trying to find a larger project for the economic development piece. The problem that you really run into with the small cities program is the timing of it. You only have a round once a year and alot of businesses can't wait the six months or so between the planning and the implementation and the submission of the grant and the environmental reviews and everything else. So, for a variety of reasons, we couldn't find one significant project that would be the part of the economic development activities. The idea for a micro enterprise program came about for a variety of reasons, many of which Jim mentioned but it's also one of the focuses that HUD, it's one of the priorities that HUD has for small business development and it's through what they call a micro enterprise program. I was involved with the creation of one actually when I worked in western Massachusetts about six years ago and they can be very successful in providing not just the technical assistance but also timely access to financing businesses can't otherwise get. So, that's where we're leaning at this point. SUPERVISOR CHAMPAGNE-Anything more Jim to add to that? MR. MARTIN, EXECUTIVE DIRECTOR-I think that's basically a broad brush, a highlight of the major components to the program. COUNCILMAN MONAHAN-Jim, for a micro enterprise, can that just be one person, I mean like a sole? MR. MARTIN, EXECUTIVE DIRECTOR-Yes. COUNCILMAN MONAHAN-He doesn't have to have an employee then? MR. MARTIN, EXECUTIVE DIRECTOR-Correct, it can be a sole proprietor. SUPERVISOR CHAMPAGNE-I might add that's already in place in Washington County, I believe and maybe Saratoga also. MR. HUNSINGER-Saratoga got funding for one but they haven't started implementation of it. MR. MARTIN, EXECUTIVE DIRECTOR-The Washington County program has been up and operating and they've been working with A C. C. in implementing that program and I think we would look at doing the same. MR. HUNSINGER-Yea, through the business and industry center of AC.C. COUNCILMAN TURNER-The twenty-five thousand dollar amount is the top amount that they will fund? MR. HUNSINGER-Actually, the range that HUD provides for sort of guidance is between five hundred dollars and thirty-five thousand and it could really be anywhere in between. SUPERVISOR CHAMPAGNE-What are we going to be requesting in terms of dollars? Have you set a number on that yet, what the town would be going for? MS. TATICH-The upper limit is 1.2 million under the comprehensive program and it's six hundred thousand under the single purpose program, nine hundred thousand for county applications. MR. MARTIN, EXECUTIVE DIRECTOR-I don't think we've gotten to the point that we developed a budget yet per say for any of the listed actions at this point. MS. TATICH-Well, there are some things that when you talk about micro enterprise that there are, there are obviously some hooks with this and the hooks are that we're only assisting businesses with five or less including the owner of the business. If we are only assisting a business with one person, the owner of that business has to meet the income test for participation. If they are projecting to have employees, those jobs that are created would have to be available and I think that's important, would have to be available to low or moderate income individuals. So you know it's clearly oriented, the program is oriented towards assistance in benefit to low or moderate income individuals. We have been, Chris and I have been speaking at length about the opportunities for a micro enterprise prograrn. We would be, the county is putting an application together, we're looking at a couple of things on housing, new home ownership, micro enterprise program and assistance to a not-for-profit within the city. So, we will either, some opportunities that are presenting themselves and the survey that was distributed is clearly indicating that there are some small businesses out there that could take advantage of the program. One of the key things that we must prove in this application, in a comprehensive application is that we meet four criteria and I think at this juncture right now, we're looking at the strength of whatever four criterion we pick. Certainly we would be, if we had a singular type project that would either benefit by a sewer expansion or by a assistance with the development of the site, we would have some strength in consideration of the other types of activities that are being included in the application. So those are some of the concerns that we have about putting the application together. Part of our, the housing activities that will occur there, one of the ways to validate the accuracy or the information presented by the homeowners is to do a sampling of the homes, an inspection sampling of the homes and we would be looking for five willing households in that area to allow us to come in and make an appointment with our housing specialist to basically go through and identify some of the needs and to verify what we're finding out on the surveys. So, that is something that needs to get done as part of that housing improvement component of this application. We are also looking for participation under the micro enterprise aspect of this, participation by the local banking community, their willingness to provide the balance of lending that might be needed perhaps in the development of a project. So, their involvement is key in creation of this. MR. MARTIN, EXECUTIVE DIRECTOR-I think that's basically it in a nutshell. We touched on a public facilities component in the form of the water program, a housing component in the form of the housing rehab and new home ownership and again, another public service program in the form of maybe some recreation funds or assistance. COUNCILMAN MONAHAN-Jim, looking say at the state avenues and that area where the lots are pretty small, I know we've got public water there but are they running into any septic problems because you know these systems have been there for a long time and there's not that much land to absorb it and stuff? MR. MARTIN, EXECUTIVE DIRECTOR-Pat reviewed the survey responses, are you seeing anything that indicates a condition associated with a faulty septic system or a failing septic system? COUNCILMAN MONAHAN-I was wondering because we were talking about you know, trying to run some sewers out there. Of course they might not want to put that on those either. MS. TATICH-Good point. I'll tell you the biggest problems that were identified on those thirty-three eligible, by the way, we have identified amounts of money that it would take to repair those certain aspects and I think we came up thus far with a $190,243. The biggest demands were for roofing problems, you know your typical roof. Structural elements of the house, roof, heat, insulation, electrical, septic issues, stormwater problems, that's about it. I know the town has been interested in developing, extending the sewer from the city line up to the proposed industrial properties along that way and we had included the opportunity to do that. COUNCILMAN MONAHAN-But I was thinking if we needed it to serve households along the way, would be stronger then extending it to a park where we don't have anything to go into it yet. MS. TATICH-Right, right. COUNCILMAN MONAHAN-And the other thing is, that I don't know if we can use this or not Jim, but in the master plan we talked about being, to let that area more densely populate, smaller lots if we had sewer and water both there, that then we could do that. MR. MARTIN, EXECUTIVE DIRECTOR-That's helpful if you could make that statement, that you're fulfilling that stated needed in your comprehensive plan. It doesn't hurt, that's for sure. MS. T A TI CH -Has there been any requests over time from the residents of that area for sewer service at all? MR. MARTIN, EXECUTIVE DIRECTOR-Not that I'm aware of. SUPERVISOR CHAMPAGNE-No, not to my knowledge. COUNCILMAN MONAHAN-They're probably scared of the costs. COUNCILMAN GOEDERT-They are. COUNCILMAN MONAHAN-Even if they need it, they're probably not going to say it because, you know, unless they get help putting it in, they just couldn't afford it. They'd have to move. MS. TATICH-Right. SUPERVISOR CHAMPAGNE-Okay. COUNCILMAN MONAHAN-Which might be another point that we could use. You know what I mean, that even if sewer is needed, they never could afford it by themselves. MR. MARTIN, EXECUTIVE DIRECTOR-The lateral hookup would be an allowable use of rehab funds. MS. T A TI CH -That's right. You would have to price the service accordingly and you would consider the fact the capital costs would be borne by the grant application. MR. MARTIN, EXECUTIVE DIRECTOR-Right. Even your monthly tax or fee would be very modest. MS. TATICH-One other point I'd like to bring up. The other reason for this hearing is to open up a comment period for the consolidated plan requirements of the small cities program and for the sake of I think HUD I try and identify on a national level the priority of certain activities as well as the amount of money that was needed on a local level to do everything that you want to do in your community. They have provided a formatted listing of community development needs and I would ask that maybe the town planner identify some of the priority activities and amounts of money. They identify certain aspects of the application as curable and not curable and the consolidated plan requirement of the small cities program is curable, meaning that if there's something that is lacking after the application is received by HUD and they review it, they have I think thirty days or sixty days to ask for additional information. So we're trying to focus on the meat and potatoes of the application and do what we have to on the consolidated plan part. COUNCILMAN MONAHAN-Pat, on the priority list, is that strictly for the West Glens Falls area or can we look at the whole town? MS. TATICH-No, this is like a town wide. MR. MARTIN, EXECUTIVE DIRECTOR-Town wide. COUNCILMAN MONAHAN-What about the industrial park on County Line Road, one of those? They need that. MS. TATICH-We could add whatever you wanted to your list. MR. MARTIN, EXECUTIVE DIRECTOR-The last thing that I think would be appropriate to touch on and I think Pat can do this too is, the realities associated with the competitive nature of this round. MS. TATICH-That's a good word. MR. MARTIN, EXECUTIVE DIRECTOR-I don't think we want to sit here and paint a rosy picture that this is like we put in the application and you get the money. I think you talked to the representatives of HUD in Buffalo directly and maybe you should just go through some of those numbers that we're seeing with this round. First of all we have, what a four million dollar reduction in the overall amount of available funds this year from what was it forty-seven million last year to forty-three million this year, essentially? MS. TATICH-Right. MR. MARTIN, EXECUTIVE DIRECTOR-And I'll let you finish. MS. TATICH-Well, bear in mind that we do not have a federal budget in place and if that were not to occur at the point that the small cities program became available they would reduce it to the prior year commitment which would reduce it into the twenty-five million dollar range. In anticipation of the, the good news part of this is that there is more money for the comprehensive grants however, they'll probably have about forty single purpose communities that are funded. Last year they had about seventy-eight and they'll do about fifteen comprehensive applications within the Buffalo area office. So the competition is severe and you try to put your best foot forward and hope that you are one of the winners. SUPERVISOR CHAMPAGNE-This is due March 13th into their office, is that correct, time wise? MR. MARTIN, EXECUTIVE DIRECTOR-Postmarked. MS. TATICH-Postmarked. SUPERVISOR CHAMPAGNE-Postmarked? MS. TATICH-That's correct. COUNCILMAN MONAHAN-Nothing ventured, nothing gained. SUPERVISOR CHAMPAGNE-No but I think what Jim is eluding to here is you know given what we're going for, recreation, you know that's probably not of the highest priority when they're looking to cut funding and so forth. So, God Bless you and good luck and all that sort of stuff. I hope were just not fishing in an empty pool but. COUNCILMAN GOEDERT-If this is not just directed for the West Glens Falls Water District, can you take other parts of the town and put into the point counting or categories that you need to average the points. MS. TATICH-The application is focused on an area of the community and we'll call that neighborhood and we would look at doing those activities in that neighborhood or at least the majority of benefit. Certainly the opportunities for home ownership can occur town wide. The micro enterprise aspect of it, they would give preference to businesses certainly within that area but those could occur town wide. MR. MARTIN, EXECUTIVE DIRECTOR-You have to be careful that you don't make it too large because you dilute your impact and then that works against your impact score. So you have to keep it focused to some degree. COUNCILMAN MONAHAN-You need to get in that low, moderate income. COUNCILMAN GOEDERT-The housing improvement would stay there? MS. TATICH-That's correct. COUNCILMAN MONAHAN-But everything more or less is supposed to benefit low to moderate income to have a strong application. MS. TATICH-Right. Just for the town's information, the county put an application together two weeks ago to New York State under the home investment partnership program for housing rehab activities and we keep a running list of applications and housing needs in the community and we would, if we were funded be addressing some of your home improvement needs with those funds that the county is trying to secure. So, that's still an opportunity to deal with some of your extreme housing problems through that county program. SUPERVISOR CHAMPAGNE-Good. COUNCILMAN MONAHAN-Pat, are we going in as a county or as a town or don't we know yet? MS. T A TICH - Well the last I knew that the town was pursing this on their own. SUPERVISOR CHAMPAGNE-Right. COUNCILMAN MONAHAN-So we lose a few points that way. EXECUTIVE DIRECTOR, MR. MARTIN-That's the balancing of it, because the county has strong points or do we have a more competitive program as a town. You know that's the balancing act. MS. TATICH-Yea, if some uncompetitive scenarios rose to the surface here in the next week or so, there is an opportunity within the county's application to take an aspect of the town's need and put that in the county application. EXECUTIVE DIRECTOR, MR. MARTIN-For example, the water project. MS. TATICH-Yes, because we're not going to, at this juncture right now, we're not going to the maximum on the county's application and we could do some maneuvering to put that in. So, I think we will not box ourselves in a corner and leave that opportunity for the town. MR. MARTIN, EXECUTIVE DIRECTOR-There's also, there's always the opportunity for a single purpose water improvement too. That's always there also. MS. TATICH-Right. COUNCILMAN MONAHAN-Except we don't think would be very strong with, not nearly as strong as we were last year. MR. MARTIN, EXECUTIVE DIRECTOR-We're just trying to put together the best competitive foot we can. SUPERVISOR CHAMPAGNE-Okay, thank you folks. MR. HUNSINGER-Of course if we found a real good ED project in the neighborhood in the next two days. SUPERVISOR CHAMPAGNE-There you go. COUNCILMAN MONAHAN-I was going to say, aren't there quite a few small, it seems to me there's quite a few small businessmen out there in the West Glens Falls area. SUPERVISOR CHAMPAGNE-Let me ask, anyone from the audience care to speak on this proposal as a public hearing? Okay, thank you very much Pat, Chris. MR. MARTIN, EXECUTIVE DIRECTOR-We'll be back here one week from tonight, same thing essentially. SUPERVISOR CHAMPAGNE-Same thing, same place, same station. So we'll close the public hearing. PUBLIC HEARING CLOSED 8:00 P.M. O'BRIEN & GERE - WATER TREATMENT PLANT Mr. Tony Geiss from O'Brien and Gere Engineers gave a project summary on the water treatment plant expansion and requested a change order to the plumbing contract in the amount of $18,939... explained reasoning for change order. (submitted handout-on file in the clerk's office) Town Board held discussion, agreed to change order and noted resolution will be prepared for next regular board meeting. O'BRIEN & GERE - BAY ROAD SEWER Mr. Geiss reviewed proposed Bay Road Sewer Project noting excessively high numbers per unit cost for the area. (submitted handout with map-on file in the clerk's office) OTHER MATTERS Executive Director, Mr. Martin noted that Gross Subdivision is before the Planning Board tomorrow night and the Planning Board is looking for direction from the Town Board regarding their proposal of land dedication in lieu of recreation fees. Town Board held discussion and agreed at this time for the first phase to accept recreation fees rather then land. Executive Director, Mr. Martin referred to the Waterfront Residential Zone changes in the board's packets and would like the board to review and make changes if need be... would really like to have a resolution on for Monday night's board meeting to set public hearing. Town Board held discussion regarding Dr. Pepo and the use of her home as an office and the intent of the zoning law regarding home occupancy. Executive Director, Mr. Martin agreed to review situation again. Supervisor Champagne submitted copies of the Letter of Understanding between the Town of Queensbury and the law firm of Miller, Mannix & Pratt, P.C. and requested the board to review. Employee Handbook 9:30 P.M. Section 1009, Tools & Equipment, it states the town supplies employees with the necessary tools and/or equipment... Councilman Monahan noted that in some cases they furnish their own tools... Section 1010, needs clarification, whose union and whose non-union... Section 1011, number 9, Leaving work area without permission as defined by the department head... Section 1102, Adverse Correspondence, notify their department head who will in turn notify the Town Supervisor... Section 1200, Conclusion, emphasize again the most important component, that is, the taxpayers and residents... Section 501, Tardiness, if you're going to be late, an attempt should be made to notify your department head. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 110, 96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a matter of potential litigation and a matter of property acquisition. Duly adopted this 22nd day of February, 1996, by the following vote: AYES: Mrs. Goedert, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT: Mrs. Pulver RESOLUTION ADJOURNING EXECUTIVE SESSION & REGULAR TOWN BOARD MEETING RESOLUTION NO. 111,96 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session. Duly adopted this 22nd day of February, 1996, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: Mrs. Pulver No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK-QUEENSBURY