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2000-06-26 SP SPECIAL TOWN BOARD MEETING JUNE 26, 2000 7:00 p.m. MTG. #29 RES. 263-265 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS EXECUTIVE DIRECTOR CHRIS ROUND PLANNER MARILYN REBA COMPTROLLER HENRY HESS 1.lDISCUSSIONS l.lCLEVERDALE ROAD - Tom Jarrett Engineer Tom Jarrett-We have looked at Cleverdale Road regarding alternatives to our original idea for storm water management. The original project: to use State Land South of Feilding Lane and use that for storm water management for storm water coming from Cleverdale Road to the north, we would be able to take storm water for virtually the entire road to within an eighth of a mile of the point. The concept included: installing an infiltration trench on Cleverdale Road along the west shoulder of the road, resloping the pavement to the west to this new trench, put in a pipe line that would route storm water to the south to the storm water management system that would be on State land, we then found out that the system would be on Forest perserve land and it would not be available for use..now looking for an alternative..! do not think we have found an ideal alterantive, there are a couple of areas on the east and west side of Cleverdale Road in that Fielding Lane and Gunn Lane area that might have some opportunities along the shoulder especially if the private property owners or the State would allow us to widen the right of ways slightly to give us more room to work. We would need room along the shoulders to build some type of detention or retention or treatment system and then we would need an emergency over flow going to presumably Lake George being the low point and the nearest safe discharge location I can find, and that would be down Fielding Lane or off Mason Road to the west. Fielding Lane offers the best opportunity but Fielding Lane is a private road. I do not think there are ideal solutions but potentials solutions that could be looked at. Councilman Martin-Questioned the investigation of the soils, so that we could do subsurface discharge under the roadbed itself with infiltrators. Engineer Jarrett-Noted he will go back and review soil information and possible do more soil work but I am not optimistic about that, the soils are so inconsistent and the area is so tight that I afraid we are not going to find a very efficient system. Councilman Martin-I was thinking of a series of dry wells and then use that type of system as an overflow. . . Engineer Jarrett-The soils are tight there is a lot of silt there and we may find that some spots that will work and others not, I am afraid it is inconsistent, I am not optimistic that, that system will work. Councilman Martin-Questioned if there is a variance procedure to use the Forest Preserve lands? Engineer Jarrett -Commented on the process Lake George Village went through on the wetland project..DEC rejected. Executive Director Round-Noted that a septic survey was done in the area and mapped those... Councilman Martin-Questioned if we know, with that system, how much property we will have to buy and where? Engineer Jarrett-Not jet. It will probably be a detention system.. . filter as best as we can and lot it flows slowly into Lake George. Supervisor Brower-Noted on the Lake George 2000 committee if people did not use fertilizers on their lawns they would enhance the lake tremendously. Engineer Jarrett -Spoke to the board regarding closed systems where we provide a filter along the shoulder of the road and collect it in a pipe that would possibly reduce the size of any structure we would need at the end of this thing. There are possibilities that we could look at. We are looking at an expensive system. Noted that the preferred alternative is to use State Land which is not available to us the second preferred alternative I think might be to put in a shoulder collection filter system which would then drop down into a pipe and run this to properties on the west side of Cleverdale Road opposite the State land. Councilman Martin-Noted he would like to design a solution to show the residents in this area.. Engineer Jarrett-If this board authorizes this kind of concept the fist step would be to approach the owners and see if they are willing to participate, if they are not willing to participate it is probably a deal that would be tough to make happen. Discussion held-Suggested to make a concept drawing and invite the effected residents in to discuss the proposal. Supervisor Brower-Questioned what the alternative system would cost? Engineer Jarrett-Noted around $400,000. Executive Director Round-Spoke about a joint letter from the department and Councilman Martin to the residentslowners regarding the project... 1.2 MORGAN COMBS- JUNKY ARD DISCUSSION Director of Building and Codes David Hatin-Reviewed with the Board thejunkyard...showed photos... nine junk yards in the Town they are reviewed by the Building Dept. yearly before permit is issued.. .listed problems: starting to over flow outside his junk yard ... broken through four places in his berm that surrounded the junk yard, the junk yard ordinance says that you must be enclosed by a fence or by natural barrier such as trees. .. now piling cars behind his residence and the fence is six instead of eight feet in height ... he has been advised about the violations, he has not complied other than put a section of fence up. .. it took six months to bring him into compliance last year. .. noted a number of things can be done a. revoke license b. go to court and seek fines Councilman Martin-We should issue an order to remedy, if he doesn't we go to court... Councilman Stec-Have you been getting complaints about this junkyard? Director Hatin- Yes. Councilman Brewer-Give him three weeks to comply and then if it is not met start the procedure. Board agreed to give Mr. Combs until July 24th to comply not renewing the license until he meets the provisions of the code. . . Mr. Hatin will draft the letter and copy to the board. . . Supervisor Brower-Questioned the other junk yards in town? Director Hatin-All passed but two and they were for minor issues and they said those would be resolved. (Agenda changed) 1. 6 SIDEW ALK BURKE DRIVE Executive Director Round-The survey was completed last week on Burke Drive... we asked them to look at a portion of Burke Circle... Mr. Jim Miller-showed the survey to the Board.. . five foot side walk with five to six foot of green space. . . some areas have to be curbed, have to look into drainage. . . drafted a preliminary proposal, outlines how we will approach this, questioned if this was being done by the Town or contractor? Councilman Brewer-We would like the Town to do it. Councilman Martin-Questioned if we should be a bricks and motor type thing or should we do this and work in beautification and do lighting ... Mr. Miller-It is something to look at, noted landscaping and lighting in conjunction with it and look at signage along the area.. Councilman Martin-Spoke about standard lighting fixtures. . . I would be an advocate for curbs, necessary drainage, light fixtures and planting areas.. Councilman Stec- I think curbs are important along with lighting. . . Mr. Miller-When the additional survey is done then I will take another look at it... Councilman Stec-Noted that Burke Drive is due to be paved, Niagara Mohawk has put in the gas lines, this is the right time. . . Councilman Martin-I think we should do the whole route but itemize it... Councilman Stec- What is the approval process? Town Counsel Hafner-You need a resolution to hire Mr. Miller and a resolution to authorize the Highway Dept. and the funds to do the project. . . Board agreed to have a resolution ready for the next meeting in July. 1.3 ADIRONDACK NORTH COUNTRY COMMUNITY ENHANCEMENT PROGRAM-Marilyn Reba Planner Marilyn Reba-I am here to get your go ahead to continue with this, the Adirondack North Country enhancement program, there is twenty five thousand dollars available per community, two million dollars total which means eighty communities or non profits would get funding. .. The Beautification Committee was discussing two areas and asked for my help to put the grant application together for the intersection of Aviation Road and Route 9 the thought was to have a big Q in here as a welcome to Queensbury using gold and blue, low maintenance planting the other area under discussion was the corner of Bay Road and Quaker Road, there are some planting, berm the area to show a large Q, try to have a theme as well as welcome to Queensbury. Under the grant application it is for landscaping and tourism enhancement... Councilman Martin-We should be getting the grant funds for professional assistance in designing beautification treatments for that intersection, also looking at pedestrian lights ... Planner Reba-Noted she did talk with the Beautification Committee, 1. Twenty five thousand is not enough to cover all the aspects, they do want some professional assistance, Watkins from Watkins gardens center has agreed to put together a landscaping plan. . . in terms of volunteer assistance, is to have something that is low to no maintenance so that you do not have to have some one weeding etc. that leads into the second part which is there will be long term commitment on behalf of the Town for irrigation, sprinklers the other part supplying the water, electric hookup. . . Councilman Martin-Spoke about the Highway permit to work in that right of way. . . you are going to have to have design drawings to certain standards. Planner Reba-The Grant application is due the 21st. Councilman Martin-I would like to get real design assistance with this, because I see this as the first ripple of this spreading up Route 9 and 254 all the way down the corridor, whatever theme we start here you have got to be committed to carry all through the corridors. Planner Reba-No.1 the Beautification Commission is excited about doing something whenever you have citizens excited about doing something that they should be given the opportunity to go with it. Executive Director Round-Suggested that they concentrate on Bay and Quaker and have the money spent on that area.. . obtain the grant for beautification and have the Town pay for the consulting fee to have it done the way we think it should be done and have the Beautification Committee be a primary player.. Councilman Stec-As a suggestion the northeast corner of Quaker and Route 9 I think would be a fantastic spot for a huge spruce tree. . . Planner Reba-What I am hearing is go ahead with this ... if we go ahead is the Town going to support the continued maintenance? Supervisor Brower-I think we are committed to putting in the water, the sprinkler that type of thing for beautification purpose. Planner Reba-The other aspect is that I would have a resolution ready along with the final budget for your July 10th meeting, at that point we would know if anything would come above and beyond what is available. I think with just doing one project that the twenty five thousand dollars would cover it, I was not sure there would be enough to do both. I can go back to the Beautification Committee and explain that. 1.4 GLENS FALLS SYMPHONY Supervisor Brower-Proposal has been made to have an all day event at West Mountain, ending with a Glens Falls Symphony Concert and fireworks on Sept. 3rd. ..the cost for the Symphony is $8,500 they have asked Queensbury for $3,000 from the Town..event will be free to the public..Event will be organized by West Mountain. . . Board in agreement, but needs to see more detail. .. it was noted that the concessions are going to the ski patrol.. . 1.5 SIDEWALK POLICY Town Counsel Hafner-At the last meeting we provided a draft resolution and proposed Local Law ... 1. The Town will pay for maintaining sidewalks along State and County roads 2. Sidewalks on Town roads, will be maintained by landowners. . . Councilman Stec-Noted we have the issues of construction, maintenance and snow removal... The municipality will pay for construction of sidewalks if approved by the Town Board, the two remaining issues; maintenance and snow removal. Who has the responsibility for replacing or repairing sidewalks? Councilman Martin-We could set up a matching grant type thing, where we pay for materials and they pay for labor if they want to repair it themselves we will buy the materials. Councilman Stec-Do we want to set up special districts or general fund... Councilman Martin-The on going maintenance in terms of snow removal would be the property owners responsibility. . . Town Counsel Hafner-The town owns some sidewalks, and as a legal matter having the Town to pay for sidewalks where it does not have a legal right on the property is very problematic. Councilman Stec-Noted that the Town should let the property owners know which have sidewalks they own and which ones the town owns.. Councilman Martin-On the capital side, we offer materials or fifty percent matching grant for replacement for sidewalks. . . Councilman Stec- I would go further if it involves concrete work then we will do it at our schedule. . . Executive Director Round-The Route 9 properties you will take the whole thing on. Board agreed as follows: Sidewalks on Town roads limited to the places the town owns or has easements, snow removal by property owner.. . repairs to be done by the town. . . . County and State Road, town will do both snow removal and repairs. . . Board requested Town Counsel to review State regs on snow and ice removal if the Board does not direct the Town Highway Supt. to remove snow it does not have to be done on sidewalks on a State road... 1.7UPDATE ON NOISE ORDINANCE ZONING CODE Executive Director Round-Noted that the Steering Committee for the Zoning Ordinance has set meetings, we have three more meetings on this, draft should be completed by the end of July. Noise is part of the draft. . . trying to solve noise issues. .. Twicwood Residents, dealing with Great Escape, Go carts, or motorcycles regarding noise... requested $1600. to measure noise levels in four private property locations in Twicwood that would be agreed upon by the Twicwood Owners and also do some property line measurements at the noise generators, the two go cart facilities and another location, this will give us some hard and fast numbers so that you can go and say here is a reasonable standard 65 during the day and 55 in the evening, here is what you are receiving, noted that they will probably ask us to lower the standard down... Supervisor Brower-If we consider a noise ordinance one thing we have to consider is that it has to be something that we can enforce. Councilman Martin-Town wide not just one location. Councilman Stec-Questioned if you can center the noise ordinance around an activity. . . Executive Director Round-Typically most noise ordinances are measurable levels and you would be discriminating a particular activity which could come under court challenge. ..decimallevels are enforceable it is scientific. . . Supervisor Brower-If we do have a noise ordinance with a decimal level set, are we going to be responsible to buy the decimal readers for the Sheriffs dept.? Councilman Martin-That is a question for the County Board how is it enforced in Lake George? Executive Director Round-Noted that typically it is the police departments that enforce noise ordinances. Noted he has a direction to go in and will have a resolution ready for the July meeting. RE: Exit 18 letter I did not get any responses except from Jim on a draft Exit 18 letter I modified the letter and fax a copy of Nick Caimano and asked him to pass it on to the other Supervisor's, ... if you have any suggestions please get them to me, want the letter to go out the first week of July. This letter will be signed by the Town Board of Queensbury and the Warren County Supervisor's from Queensbury...I gave Mayor Regan a copy of the letter and he was going to take it to the City Board and have them sign it... RE: 70,000 grant from SARA received today... GIS implementation... we have until June 30th 2001 to spend the dollars... Councilman Martin-Questioned when the new Zoning Ordinance would be available? Executive Director Round-The end of July we will have a draft for public review and then set up public information meeting to present and maybe neighborhood outreach meetings. . . Councilman Stec-An individual raised the question as to the volume levels for commercials on TV, noted the individual called the FCC and was informed that this was a local enforcement issue, questioned if that is true? Town Counsel Hafner-Noted that we have a franchise agreement with the Cable company, did not know if that had anything in it regarding this problem, will review contract. Councilman Martin-Requested that the Counsel not check into our franchise for the noise... Agreed to the Board... Councilman Stec-Re: Glens Falls questioned has the city had been contacted about the Water Shed issue and when will the landfill be capped? Councilman Brewer-Noted that they have applied to get funds to cap it.. Councilman Stec-Can we ask them to ask the Sheriff to enforce the trespassing? Supervisor Brower-They have people up there patrolling it periodically. 1.8FOUR YEAR TERMS Councilman Stec-Noted if we want this on the ballot is has to be done soon... Supervisor Brower-We should have supervisor separate from Town Board, questioned raised if we were going to alternate terms? Two would start next year two would start two years after that, do you agree.. Board agreed. Also noted that Highway Supt, and Town Clerk added to four year terms, done separately.. . Board agreed to talk to the Town Clerk and Highway Supt. on four year terms... Town Counsel Hafner-Agree to a draft local law in the hands of the Town Board at the next meeting to be reviewed and set the public hearing on the 24th for August.... RESOLUTION AUTHORIZING KATHLEEN DU BOIS TO CARRY OVER ONE AND ONE-HALF (1\12) UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 263. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Kate DuBois, Principal Account Clerk, has requested Town Board approval to carry over one and one-half (1 \12) vacation days beyond her July 13th, 2000 employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Kate DuBois to carry over one and one-half (1 \12) vacation days to be utilized within thirty (30) days of her employment anniversary date. Duly adopted this 26th day of June, 2000, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF LUKE HERALD TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 264.2000 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Daniel Stec WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Luke Herald to work part-time for the Department as a Program Leader, and WHEREAS, Luke Herald is the step-son of Diane Herald, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Luke Herald to work for the Town's Department of Parks and Recreation as a part-time Program Leader, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 26th day of June, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None Resolution authorizing engagement of Miller Associates pulled for further information. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 265.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 26th day of June, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury