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2011-01-10 SP MTG#2 SPECIAL TOWN BOARD MEETING 01-10-2011 MTG #2 261 SPECIAL TOWN BOARD MEETING MTG. #2 JANUARY 10, 2011 RES. 48-50 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER LAKE GEORGE WATERSHED COALITION DAVE DECKER Supervisor Stec-Opened the Meeting DISCUSSION: ROCKHURST SEPTIC MAINTENANCE DISTRICT Supervisor Stec-Introduced Mr. Dave Decker regarding Rockhurst Septic Maintenance District Mr. Dave Decker-Spoke to the Town Board regarding the map, plan and report on the Rockhurst Septic Maintenance Dist. ? There is a proposed budget for the operation of the district. ? The Surveyor has prepared a map of the boundary of the district 120 parcels in the proposed district - Queensbury Wastewater Disposal Dist. #1 ? Two grants - one for fifteen thousand from EPF to assist in the formation of the district and one hundred thousand dollar grant from DEC/EPF funding for assistance for initial inspection as well as to subsidize the pump out of the facilities included in the district for the first ten years of the operation of the district Full EAF form – no negative impact – inspections will be annually, first inspection will establish location, create GIS data base-use data base for scheduling inspections - one third of the systems will be pumped out each year so every three years they will get a pump out ? – positive impact on the environment and surrounding water bodies ? After formation of the district, you will establish operating by laws and procedures, dye testing could be added to that list Town Counsel Hafner- ? Part one –Map, Plan and Report ? Part two-Formation of the District with final order not done until the regulations are established, access is going to be an issue, they are all on private property, could require an engineer proof that the property owners septic system is working and where it is and if not they sign an access agreement to let us go on the property… if the system is failing they will have to fix it. In Code 136-5 compliance required (e) talks about what makes an individual sewage system deemed to have failed. Is there something in addition that we need to considered a failure in this area? Mr. Decker- ? Odors are also indicative of a failing system ? Wet soils could also be looked at as possible failure ? Will be using reports from 1972 that documented dye tested toilets on the lake creating a card file system at the Park Commission ? Looking for operation failures Councilman Strough-How many acres covered in proposed district? Mr. Decker-Sixty acres Councilman Montesi-Cost to homeowners? Mr. Decker-Ninety seven dollars and fifty cents per year, year five increases two dollars and in tenth year two dollars-estimates - suggested to go out to bid for septic clean out SPECIAL TOWN BOARD MEETING 01-10-2011 MTG #2 262 Town Counsel Hafner-The main purpose is to first find what you have, where it is, the condition and then to make sure that these properties are routinely pumped Supervisor Stec-From the initial grant or subsequent grants that we might be able to provide for some sort of support through grant or loan to help upgrade failed systems as we find them. Mr. Decker-Will be passing out information to the homeowners as to how to better and properly operate their systems. Supervisor Stec-First step, district formation followed by the regulations. Town Counsel Hafner-Was suggested to have an informational meeting on the map, plan and report before the public hearing…legal process is map, plan and report filed with the Town Clerk, public hearing order, schedule the public hearing, hold the public hearing then passage of resolution forming the district subject to final order and conditions-then wait and issue a final order. Mr. Decker-We have had two informational meetings at the North Queensbury Fire House. The only thing that was heard was what about the rest of the area, are we next? Town Counsel Hafner-Do you want to send written notice to every household? Board agreed to have every household notified of the hearing. Have Mr. Decker write up the narrative on this district proposal. Town Counsel Hafner-Subject to Permissive Referendum – only the 120 parcel owners- Mr. Decker-It would be helpful for the grant if you take an action to deal with the SEQRA question DEC is asking that we finalize the SEQRA review they then could finalize and sign the grant. Supervisor Stec-Suggested that the hearing be held at the No. Qsby. Fire House for this hearing. rd Want to have a special meeting – possible date March 23 Board agreed to take the Queensbury parcel out of the district. DISCUSSION: LANDFILL AS CAPTURE PROPOSAL – ED DeVARNEY Mr. Ed DeVarney-Will need testing thorough the summer months to give us a base line. Information needed: ? Year landfill was established ? Year of closing ? Acceptance rates during that period of time (how many tons of municipal soil waste did you accept, was there co-mingling construction and demolition) ? After closure of landfill for every year the gas production value is one hundred units you can expect that the year after is ninety five percent of that, I do not mean you lose five percent every year , you lose ninety five percent of the year proceeding it. ? Greatest gas production year is the year of closure Councilman Montesi-In your correspondence you have stated that it could be a fifteen year process. I assume you would not damage our membrane doing the testing. Mr. DeVarney-That is an absolute truth. Our business is to sell electricity to interconnected utilities. Councilman Montesi-Is there a lot of noise with this? Mr. DeVarney-It depends on your perspective, I think you need to come and see my facility that operates in Vermont. Process runs 24/7. Councilman Montesi-You sell electricity thorough the grid, 6 cents a kilowatt hour? Mr. DeVarney-Go to ISO New England locational marginal price or LMP we get paid on that and 10% over the top for transmission loss avoidance. Reviewed for the Board the process that is done to SPECIAL TOWN BOARD MEETING 01-10-2011 MTG #2 263 convert to electricity. Spoke on carbon trading. I feel good enough about the Queensbury site that I want to put in the testing and the feasibility study on my nickel. Supervisor Stec-What do you need from us and what would you be doing out there? Mr. DeVarney-I need all the data that you have, ideally we would come down here once a week to do testing for base line readings for each well. Councilman Montesi-Within a year of testing you would be operational? Supervisor Stec-Based on the information you will say money maker or not. At what point do we cut our deal with you? Mr.DeVarney-I would like that by the end of the summer. We have to start and achieve safe harbor this year to get Federal Grants which is 30% of Capital Costs. Supervisor Stec-You are familiar with NY State regs. on this? Mr. DeVarney-Yes. You register with the Department of Energy and work with DEC under Section 360 and under the development and review Board for the building on the site. Supervisor Stec-How do you plug into the grid do they have to allow you to plug in? Mr. DeVarney-National grid will rent us the infrastructure improvement and the equipment … I envision us doing a 100 kilowatts of capacities out there a hundred kilowatts every hour which would be 2400 kilowatts every day. Maybe five thousand dollars a month. Councilman Brewer-From here you want us to give you permission to walk the landfill and gather information? Mr. DeVarney-Yes. I need as much information that you have on file. I need the exclusivity on this project before I can make the investment. Supervisor Stec-You need exclusive rights while you are collecting the data, so in 2011 you are the only one that is testing out there and at the end of the day it is your data not ours. Mr. DeVarney-It is my data and landfill gas. Supervisor Stec-For the year. Mr. DeVarney-For the period of the MOU. Councilman Brewer-What I would say is, we draw up a simple agreement allows you to gather your information to allow you to do that to see if it is feasible for you to do that without signing an MOU for fifteen years. Mr. DeVarney-If you look at the MOU that does not give me fifteen year license. Councilman Brewer-As far as saying that you are the only one that can do it, we don’t have anyone interested in doing it. Mr. DeVarney-I appreciate that but, just my mere presence and the activity that I create up there, others will want to create a project up there which contaminates a lot of different things. We would like to be exclusive and sign a fifteen year today. I would like to take the MOU and find out want parts you find objectionable but we need something for our discovery. I am saying here I come take advantage of me by giving me the exclusive rights to this particular site with an escape mechanism. I need an operating agreement with this board by the end of this year so we can begin construction and qualify for a grant. Town Counsel Hafner-The Town has their own legal requirements that they have to follow what you are asking for is an interest in real property for a period of time. This Town cannot sell or transfer an interest in real property or any their property without being assured that they get fair value. Because it is real property any resolution that they pass is subject to permissive referendum. Those are bare minimum requirements, what type of due diligence the Town Board decides they want to do to make sure it’s fair value that is up to them. We would need very good security that our capping program SPECIAL TOWN BOARD MEETING 01-10-2011 MTG #2 264 there are not damages to it, that there is insurance if something goes wrong, so we know what is done and it is signed off on by our engineers before anything is done, those types of details would have to be worked out. The Town Board will need to give me guidance on where they want to go. Mr. DeVarney-The activities you describe surround construction activities which are not taking place in this agreement. Town Counsel Hafner-You want an MOU that is binding for fifteen years. Mr. DeVarney-My MOU is for discovery, the activities you described are construction which are contained in an operating agreement which we do not have on the table. That is not a tangible property that is the by product of an activity taking place on real property, case closed. It has nothing to do with the ground. If you look at the MOU you will see a place that says the MOU or operating agreement does not convey any reverse ownership characteristics to me. I beg to differ that you consider landfill methane real property. Town Counsel Hafner-Your right to connect and have a facility on town property… What he wants if he decides to go forward he wants exclusive rights to have a fifteen year contact. Mr. DeVarney-That is a total different agreement. Town Counsel Hafner-But you want it binding now if you find something. Mr. DeVarney-I suggest you spend a month gathering information on other possible candidates on this and then we will get back to you. Councilman Strough-In the MOU Item #12 it says during this period of agreement the Town of Queensbury and the Gas Wide Energy shall enter into an agreement providing… Mr. DeVarney-You have the escape mechanism in lieu of me you can reject the plans. You have a site that nobody else wants and we are expressing interest in it and we can develop it and provide revenue for the town. A shall is not that big a stretch if you ask me. Councilman Strough-Shall does obligate us. Mr. DeVarney-I know it does. What is not to like, make a list and we will deal with that. Thanked the Board for meeting with him. DISCUSSION: Supervisor Stec-Keith Sheerer is retiring at the end of the month at the Transfer Stations…asked if he was interested in part time work doing the administration work at the landfill and handling the cash… Mr. Sheerer-I will try working part time, four afternoons a week. Would like to see the other workers move up in class. Board agreed to bring Keith Sheerer in part time. Supervisor Stec-Wished Mr. Sheerer luck on his retirement. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 48, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED that the Town Board of the Town of Queensbury hereby moves into an Executive Session to conduct interviews for Planning Board and Zoning Board Members re-appointments, Historian appointment and appointment of Member of the Cemetery Commission. th Duly adopted this 10 day of January, 2011 by the following vote: SPECIAL TOWN BOARD MEETING 01-10-2011 MTG #2 265 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 49.2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 10 day of January, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No action taken during Executive Session RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 50, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury herby adjourns its Town Board Meeting. th Duly adopted this 10 day of January, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury