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2005-06-13 SP MTG 27 446 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 SPECIAL TOWN BOARD MEETING MTG. #27 June 13, 2005 RES. 287-290 7:00 P.M. TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Water/Wastewater Supt. Ralph VanDusen Executive Dir. Of Community Development Marilyn Ryba 1.0 RESOLUTIONS RESOLUTION AUTHORIZING WARREN COUNTY ECONOMIC DEVELOPMENT CORPORATION TO SUBMIT APPLICATION FOR BROWNFIELD AREA OPPORTUNITY GRANT RESOLUTION NO.: 287, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury is interested in identifying redevelopment strategies for certain portions of the Town, and WHEREAS, the Warren County Economic Development Corporation (WCEDC) has identified two target areas within the Town that may be impacted by or considered potential Brownfields, and WHEREAS, the Brownfield Opportunity Areas (BOA) program provides funding to municipalities to review properties and then formulate plans of action to redevelop identified Brownfield areas, and WHEREAS, the Town wishes to conduct a pre-nomination Study of two target areas within the Town, and in cooperation with the WCEDC, wishes to file an application for funding from the Brownfield Opportunity Area (BOA) program, and 447 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 WHEREAS, the Pre-Nomination Study will assist in gathering information regarding the target and will assist the Town and NYSDEC in determining their eligibility to participate further in the Brownfield Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports and authorizes the Warren County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA) Program Grant Application on the Town’s behalf as referenced in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to assist the WCEDC to complete the Grant Application, execute the Grant application and take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 13 day of June, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-recommend that this resolution be done before the next board meeting because of a possible dead line to be met for the grant application… there are several sites one being the Ciba Geigy site and another at 275 Bay Road which is next to CR Bard…The Brownfield Area Grant would allow us to review the entire Lower Warren/Ciba Area and identify any potential sites that are contaminated and develop a redevelopment / clean up plan to address those sites as well as the Ciba site. The BOA grant is basically a planning grant that will allow us to hire an engineer and review the area and put a plan of action in place. A formal plan is step one in attempting to redevelop the area. This step must be completed to make us eligible for funding any clean up, acquisition or capital improvement. Executive Director Ryba-This will be for the areas near the Ciba Geigy because there is that perception of problems with getting properties renovated or ready for economic development activities because people are not as interested because there was a Ciba Geigy. Noted this money would be used for the whole area, it is all zoned industrial, it is a way to get the environmental concerns addressed…Councilman Boor-Want to make sure this isn’t being redundant, receiving grant funds to do it again… Director Ryba-Brownfields are different from hazardous waste sites, Ciba Geigy was an actual hazardous waste site…brownfields, there might be the potential or the perception is there because of a prior industry. Councilman Turner-Noted there were maps of the area that identified the off site locations where the material migrated. Councilman Brewer-We might want to contact Ed and Tom O’Connor Construction they worked down there doing restoration along the river. Vote taken 448 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 2.0 DISCUSSION: SOLID WATE COLLECTION DISTRICTING Supervisor Stec-Town Counsel Hafner has met with Warren and Washington County and related the procedures in forming a solid waste collection district…both counties would like to see if districts are set up the flow would be directed to the burn plant to off set their short falls. The biggest benefit will be out of pocket benefit to the residents… Town Counsel Hafner-The proposed overall goal of considering setting up a solid waste collection district is to save town residents money on their taking care of their garbage. To get the economies of skill that come from having one entity contract on behalf of the entire town. The second goal of making sure more waste goes to the Adirondack Resource Recovery Facility, that will be the Boards decision if they want that in there. The Supervisor has met with the State’s Comptrollers Office and they estimate that this type of district might save the Town nearly a million dollars a year. Councilman Boor-Does that take into account all residences? Councilman Brewer-Not all, a good share of them. Supervisor Stec-The estimate was done on those that currently have their garbage picked up…noted that we want to make sure that this collection district is an option for the residents…if someone says that want to opt out and go to the transfer stations we will continue to operate them…we are not talking about closing any transfer stations…we may change the hours or consolidate … two options, do we want to bid and have it exclusive or another option would be that a resident could hire their own hauler… Town Counsel Hafner-After researching this, it was felt that the Town would get the lowest cost per pickup with going with an exclusive trash hauler or you take it yourself to the transfer station…you did not have the other option of hiring your own hauler…it is clear under the law that we could do whatever the Town Board wanted, we have to know which way to go at the formation time. Choices the Town has: 1. Establish a Special District 2. Town could submit to referendum a proposition to have a Town wide collection of garbage the reason we thought this did not meet with your goals was that it would be town wide which means everyone would be in it and it is a town wide tax, everyone would pay it whether or not they are using it. 3. Local Law there would be contractual user fees but again it would be like people who are in a water sewer district you set it up that they pay whether or not they hook in. 4. There is a method to have a mandatory referendum, which is an involved process .. In reviewing these options and goals what you are looking for is a special district. Key provisions of the district and the contract (between the town and waste hauler) service would be for residential properties only, (will have to have a definition of what a residence is), all residents who wished to participate would be included and all residents who wished to opt out could…The town would have to bid out the proposal, if Glens Falls, that might help us get a better rate…we could have an inter-municipal agreement with the City to jointly go out to bid, we would run our part and they would follow their City rules…This is like a tax and the town can bill like it does for water, for this we would send out annually a separate bill … this will be a town charge…if it isn’t paid it is a re-levy. The Town could provide as a term in the contract with a waste hauler that all solid waste must be delivered to Adirondack Resource Recovery Facility, that will be a policy decision for the Board. Charges could be different for one or two family buildings, what came clear is that your options are even more than that, you could have it one or two family different charges but you could have it that you structure the bid so that people be charged by the size of the containers…or unlimited…Our recommendation would be that if you want to do it we recommend that you have some sort of professional help with the map, plan and report to bring in their information about what is done elsewhere, what is reasonable, what are ways to box these things together. If you do go forward you will need a map, plan and report like every other district. The Town will have to decide the procedure for opting out and other procedural details. You have under section of Town Law to set up regulations and rules on how you bill things. Process: 1. Need map, plan and report for the district - containing the description of the boundaries, general plan for the system; 449 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 residential, have a bidding process, contract lasting X years up to ten years. report of the proposed method of operation, cost will be paid by charges fees or rates to be paid by users, if you want to have people that can opt out then that language should be in there. You have to have the maximum amount proposed to be expended for district improvement, as far as I have heard that might be zero…we are going to be contracting and then enforcement if they do not pay it will show up on their taxes next year. The maximum amount proposed to be expended each year this is an estimate, the State Comptrollers Office might be able to help us with this and engineer could help us with this…It has to have a fact that there is no hook up fees … you have to have the cost of a typical one or two family home, - we have to state the fact that there is no method of financing because there is no improvements…the map, plan and report is filed with the Town Clerk after that the Town Board can set a public hearing, it will be posted and published, the order has to have all the details that I listed…time and place of hearing, and file the order with the State Comptroller Office…hold the public hearing and do SEQRA…it is our feeling that the Town will only envisions positive impacts but again that would be nice to have an engineer tell you…The Town Board has to make certain determinations, 1. public hearing order was posted and published 2. all property and property owners in the district are benefited, this is one where part of your process, there are lots of properties that are not going to be benefited but they are not paying for it. 3. are all benefited properties and property owners in the district? You could not get more encompassing than the whole town…4. Whether the establishment of the district is in the public interest..again that is the type of decision the Town Board has to make…If you make those determinations you can pass a resolution creating the district ..this resolution is subject to permissive referendum…the Town Clerk will post and publish as usual, after the permissive referendum period the Town Clerk will file her certificate with the County Clerk’s Office saying no one has filed a petition. then the Town Board files the final order saying now the district is established, it is then filed with the County Clerk’s Office in ten days and with the State Comptrollers Office, the district then exists…The Town has to adopt some resolution establishing the charges, rates or fees and other rules and regulations as described in the map, plan and report…my recommendation is that you do this together… Councilman Boor-Questioned if this would be bid out every year or is that part of the contract that we would have with however gets it the first time? Town Counsel Hafner-You can put that in your bid, you cannot go more than ten years. You probably want to start for a short one for the first time a couple of year to see how it works out and if there are any glitches, if you want to bid it differently the next time…two years with an option to extend it three years… Councilman Strough-Brought up the point of stabilized fee at the burn plant for those bidding or if the rates go up at the burn plant our rates will have to go to match… Discussion held regarding the fees at the Burn Plant, when they are set and the duration that the fee is held for…will be researching that issue. Discussion what would be considered opting out…taking the refuse to the transfer station yourself… Discussion in size of households-A residents one or two family? Consider four family residential in nature… Discussion held regarding recycling-will be part of the program Supervisor Stec-We are at a point now where Town Counsel can start drafting documents on the proposal… Town Counsel Hafner-If the Board wants to do this we need a resolution to authorize the hiring of an engineer. Budget Office Switzer-Will go out for an RFQ for engineers for this project… 450 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 3.0 DISCUSSION: GLEN LAKE/ROUTE 9 INTERSECTION Supervisor Stec-RE: Route 9 Improvements from Exit 20 down to the Great Escape State DOT would like to issue one permit for the improvements-The Town could enter into an inter-municipal agreement with the County whereas the County would put up the traffic light … for sixty five thousand we would have the turn lane and traffic light… Warren County has passed a resolution authorizing two hundred and thirty five thousand dollars for improvements. Consensus to proceed ahead-Resolutions needed one to authorize the money and the second resolution to authorize an inter-municipal agreement.. Board agreed to expend the money from the CIP account… 4.0 DISCUSSION: CAPITAL IMPROVEMENT PLAN REVISIONS Water/Wastewater Supt. Ralph VanDusen-Reviewed the history and policy of the Capital Improvement Plan and the Capital Project Committee-I believe that we should adopt a policy that is meaningful in what you discussed tonight that an idea comes forth that the Board thinks is worthwhile and doable and make a determination should this be something that you budget in your operating budget or next years budget, take it out of contingency or should it be funded with a CIP. Make those decisions on a case-by-case basis and then do the task of a single public hearing. The Committees recommendation is to consolidate the three or four pages of regulations and replace with a one-page document. 5.0 DISCUSSIONS: 5.1 Removal of hay … will need to have insurance …Town can change their mind at any time…ACC will be called to see what their arrangement for hay removal is… 5.2 Town Board Members will be receiving memo from Mike Genier regarding Crematorium 5.3 Town Board members- requested to review latest town newsletter 5.4 Councilman Brewer-outlined for the Board situation on Algonquin Drive that is being cleaned up… RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 288.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss two items of potential strategy for litigation started by the Town. 451 SPECIAL TOWN BOARD MEETING 06-13-2005 MTG. #27 th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURING EXECUTIVE SESSION RESOLUTION NO. 289.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Regular Session. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No Action Taken RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 290.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 20 day of June, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury