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2005-05-23 SP MTG25 392 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 SPECIAL TOWN BOARD MEETING MTG. #25 May 23, 2005 RES. 253-254 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Code Enforcement Officer Dave Hatin Budget Officer Jennifer Switzer Director of Building and Grounds Chuck Rice 1.0 RESOLUTIONS 1.1 RESOLUTION APPROVING AUDIT OF BILLS – RD ABSTRACT OF MAY 23, 2005 RESOLUTION NO.: 253, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thrd presented as the Abstract with a run date of May 20, 2005 and a pay due date of May 23, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thrd run date of May 20, 2005 and pay due date of May 23, 2005 numbering 25-233000 through 25-244500 and totaling $361,528.99, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 23 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 393 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 1.2 RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. HOMESTEAD VILLAGE, LLC RESOLUTION NO.: 254, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously commenced actions against Homestead Village, LLC in Queensbury Town Court for numerous violations of various sections of the Queensbury Town Code, and WHEREAS, there have been numerous serious violations which could impact health and safety including occupancy of homes erected without building permits and/or without certificates of occupancy, and WHEREAS, the Town’s efforts to work through Queensbury Town Court have proved futile as Homestead Village, LLC has repeatedly failed to appear or give assurances that work would be completed but did not meet its obligations, and WHEREAS, because of the growing number of violations, the Town Board has determined that the only way to enjoin the ongoing violations and restrain any new violations is to take action through Supreme Court as requested by the Director of Building and Code Enforcement, WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and injunctive relief in the matter of the Town of Queensbury vs. Homestead Village, LLC as referenced in the preambles of this Resolution, and BE IT FURTHER, 394 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. rd Duly adopted this 23 day of May, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None Discussion held before vote: Code Enforcement Director Dave Hatin-For a year and a half we have been in court with Homestead Village over several violations it escalated to a point about three months ago when I issued twenty summons in one shot for non compliance. Homestead Village has changed ownership in the last couple of years and what we have going on is a Park owner who is also an Attorney, bring in substandard housing selling it to clients and then not getting permits or certificate of occupancies and people calling us complaining about the substandard living conditions they are forced to live in. Last week I became aware of another one since we have been in court. Noted there has been about a dozen trips to court now, the Judge has required that an Attorney show up to represent the owner. As of last week there was another home that had been brought into the park and moved into, no building permit or certificate of occupancy. I have also found out it is also on the neighbor’s property. Town Counsel felt it was better to go to Supreme Court action because we cannot get the relief we want in Town Court, which would just be fines. The Supreme Court Judge can issue orders that they cannot avoid and hopefully a stiffer penalty when it is all said and done. Councilman Brewer-Other than being without CO’s what other kind of conditions? Director Hatin-We have found trash that we believe had been thrown out of renovated mobiles homes, that has somewhat been cleaned up although it is not complete. The park roads are in terrible condition we have issued summons for that we have issued summons for the condition of the park property, dumping …We would not be th asking if we thought we could solve this in local court. Noted there is a trail for June 6 in Town Court. Town Court will not abate the problems they will only put fines on it, Supreme Court can. Councilman Boor-Requested updates as this progresses. Discussion on-Director Hatin-Re: DeLorenzo the property is being cleaned up by the son, the dumpster is being delivered tomorrow and the work will commence. Re: Art Brown- looking for another Board resolution to take him back for contempt of the previous court orders from Judge Krogmann. … noted more materials have been brought onto the property… he is allowed on the property he has full access the only thing he was told by the Judge he had to maintain the property and the last court order was that he had disconnect the water within the structure and contact us which he has not done. Councilman th Boor-This order was issued on what date? Director Hatin-February 25. 395 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 1.3 RESOLUTION SETTING PUBLIC HEARING ON BOSS HOSS CYCLES & TRIKES OF STAMFORD’S APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET RESOLUTION NO.: 255, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Boss Hoss Cycles & Trikes of Stamford has applied to the Queensbury th Town Board for a Transient Merchant/Transient Merchant Market License from June 7 – th 11, 2005 at 1468 State Route 9 in the Town of Queensbury, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board referred the application to the Town’s Planning Board for recommendation and site plan review, and th WHEREAS, on May 17, 2005, the Queensbury Planning Board considered the application and requirements of the State Environmental Quality Review Act (SEQRA), adopted a SEQRA Negative Declaration and adopted a Resolution recommending approval of the application subject to Town Board approval of the SEQRA, and WHEREAS, the Town Board wishes to schedule a public hearing to consider the application in accordance with SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing and hear th all interested persons on Monday, June 6, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury to consider Boss Hoss Cycles & Trikes of Stamford’s request for a Transient Merchant/Transient Merchant Market License, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide Notice of the Public Hearing to the applicant and owners of property within 500 feet of the applicant's property by regular mail and also publish the Notice in the official newspaper of the Town a minimum of ten (10) days prior to the time of the hearing.. 396 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 rd Duly adopted this 23 day of May, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 1.4 RESOLUTION AUTHORIZING CONTRACT TO PROVIDE FUNDING TO GLENS FALLS GOLDEN EAGLES, INC. IN SUPPORT OF NJCAA DIVISION III 2005 WORLD SERIES RESOLUTION NO.: 256, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to provide funding in the amount of $1,975 (Full-Sign Package Price) to the Glens Falls Golden Eagles, Inc., in support of the NJCAA Division III 2005 World Series, one of only six collegiate World Series championships in the United States, to be held at East Field in Glens Falls in May, 2005, and WHEREAS, such event is expected to bring tourists to the Town, its hotels and motels, restaurants, stores and other businesses and is expected to bring over $500,000 into the local economy, thereby benefiting the residents of the Town of Queensbury, and WHEREAS, a proposed Agreement providing for such funds has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Glens Falls Golden Eagles, Inc., substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. 397 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 rd Duly adopted this 23 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Budget Officer Switzer-noted the contract is similar to other non profits … this will be for advertising…One hundred and fifty general admission tickets, signage in East Field out field sign 8X16 foot full page ad in the Golden Eagle, full page ad in the Green Jackets…ad will be similar to what was placed in the Adirondack Balloon Festival Program… 5.0 DISCUSSION: CRANDALL LIBRARY Crandall Library – Christine McDonald-Director Barbara Caimano Qeensbury Dick Merrill-Trustee-Queensbury Monica Duffy-Attorney Donna Farrar-President of the Board of Trustees Ms. Farrar-Updated the Board on the Crandall Library Renovation and Expansion Project Christine McDonald-(used slide show) Showed old photos of the present library … architectural details slides- reasons for renovating the building is in need of room-stack isles are not disability code compliant, fifteen floor levels makes it hard to be efficient and to communicate…the HVAC system are at failure…the 70’s structure cannot support another floor because of the new earth quake codes…rear stack wing is not code compliant or collection or workspace, twenty three inch stairways and things like that…there are not enough computer and internet stations…noted there are over a thousand programs a year…attendance is up nearly thirty thousand…spoke about the Children’s library and need for more room and shelves that can be reached by children…looking at going from twenty-eight thousand square feet to fifty four thousand eight hundred square feet…noted meetings have been held, people have requested to respect the original building and make and enhance the City Park and have interaction between the park and the library…only expand toward Glen Street…provide easy access for disable, elderly and kids…be efficient and flexible…make it comfortable…have some room for growth and have it be a durable sustainable building…most of all look out for the budget… We are planning an entrance from Glen Street…seventy percent of those surveyed wanted to stay on this site…Noted that 60% of the people that go to downtown Glens Falls go to the library…Would like feedback for the Town Councilman on their presentation. Councilman Brewer-Are you going to expand the hours? Ms. McDonald-We are at sixty-nine hours a week… Ms. Farrar-Noted that with the expansion there will also be an increase in cleaning staff. With the increase in technology we probably not have to increase circulation staff, but will increase reference and children’s staff…We are required by law to be open to public fifty five hours a week. Councilman Boor-We are going thorough a re-val so our property values will be higher and it is unclear to me how the formula will be figured out? We will have to know how this is dived up is something we will have to know to make an educated decision on this. Ms. McDonald-Assessed value, registered borrowers and 398 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 Councilman Boor-Questioned the registered borrowers is that someone that took out a book in 1946? Ms. McDonald-When I am doing the 2006 budget I will use 2004 figures. Ms. McDonald-the third portion of the formula is the equalization rate. Right now the equalization rate for Glens Falls and Queensbury is 100% for Moreau is still up in the air. Hopefully we would go to bond in November which means we would have to have the information to you in September. Supervisor Stec-Requested that Crandall Library as soon as possible give the board an electronic version of their budget we can make it available on our web site. Crandall Library June 22,2005 at Crandall Library the unveiling of the cost figures Suggestion made to have all three municipalities sit down and discuss the issues… 6.0 DISCUSSION-NY STATE POLICE BARRACKS EXPANSION Supervisor Stec-Chuck and I have spoken informally with the State Police at the Barracks on Aviation Road they have grown and are out of room for investigators, they inquired if we would expand the building? Building and Ground Supt. Chuck Rice-Showed existing building blue prints to the Board…they are looking to increase the building 125 foot by 30 foot, had the area examined for Karner Blue Butterfly by Kathy O’Brien there is problem in that area of proposed expansion, near the tree line… Councilman Strough-Questioned if the parking would need to be expanded? Superintendent Rice-They did not see a need to expand the parking, …possibly more parking spaces in the back. … Projected cost of the addition is ninety three thousand dollars. Councilman Brewer-Recommended budgeting for it next year. Supervisor Stec-They are not interested in a full basement.….recommended to place out to bid on a design build project… Superintendent Rice-When you build this out for a design build you want to make sure the playing field is dead level. My original thought was to have an engineer look at it because they can level the playing field. Noted no rest room needed, or furnishings just AC/Heat and lighting… Supervisor Stec-I think this is straight forward project…we will plan to put this in next years budget, we can put the specs together this winter and put it out to bid… 7.0 EXPERIMENTAL AIRCRAFT FLY-IN BED TAX USAGE Members of the Experimental Aircraft Association- George Thurston and Howie Fisher Noted Air Shark, which is out front of the airport, was donated by this association. Supervisor Stec-Late in August there is going to be an event that the County is working on with the B-29 … 399 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 Member of Aircraft Association-B-17 will be there also…and with Hemmings Motor News will be bring in old cars…this will be our seventh event at the airport… Supervisor Stec-Budget for the proposal for the aircraft show presented to the board…just over $6,000. for advertising…. Councilman Boor-Noted he was in support of this show…questioned if they will be selling anything? Member of the Aircraft Association-food concession. Discussion held regarding how the Transient Merchant Law is being handled in this case…will contact Marilyn Ryba… Supervisor Stec-Spoke about advertising outside the area… Member of the Aircraft Association-want to reach visitors coming to the area.. Councilman Strough-Questioned if they had gone to the County for funding? Member of the Aircraft Association-No..this is our first time going for money, in the past we were self funding. Supervisor Stec-There will be a contract that your group will sign, basically you agree to do this advertising, marketing to promote tourism and in exchange for that the Town is going to be using occupancy money for X dollars. I think the only thing the Town Board needs to decide is what is the X dollars and we will have to pass a resolution in June. Member of the Aircraft Association-Noted that the County is covering the cost of the B- 17… Supervisor Stec-Noted that the County should be using bed tax money for the balloon festival, they haven’t or they didn’t last year…will be speaking to the Airport Committee regarding the use of bed tax monies for this project… Member of the Aircraft Association-Noted there will be seventy spots on TV8..we will own the commercials afterwards; we will be able to use them for future events. DISCUSSION ITEMS Supervisor Stec-RE: personnel requesting unpaid leave-will have resolution in June… RE: South Queensbury Fire Co….had a meeting with them they have additional members, they will need some new gear for them… RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 258,2005 INTRODUCED BY: Mr. Tim Brewer WHOMOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. rd Duly adopted this 23. day of May, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 400 SPECIAL TOWN BOARD MEETING 05-23-2005 MTG. #25 NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury