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2001-08-13 SP SPECIAL TOWN BOARD MEETING AUGUST 13,2001 MTG. #33 RES. 3297:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS MIKE SHAW-DEPUTY WASTEWATER SUPT. MR. BOB HUNTZ-ENVIRONMENTAL COMMITTEE Supervisor Brower-Called the Meeting to Order PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STEC Supervisor Brower-Advised the Town Board that there had been an accident on Gurney Lane a town roller turned over and was crushed, the driver was ok. The insurance company has been contacted to investigate the damage. Next Item: Conflict of Interest News Article - typically things that go before the Board of Ethics are confidential and are not exposed to the public...the person that was referred to the Ethics Board sent the information the Post Star in this case Mr. Martin that was his decision. Councilman Martin-Noted he thought that the Ethics Board had already had it, that is why I sent it, I would have sent it but not when I did had I not known that they did not have a copy. Supervisor Brower-Noted that the whole Ethics Procedure is supposed to be confidential. Councilman Martin-I wanted everyone to have the benefit, because I am not hiding anything that is why I took the action that I did, and I never have and I never will. 1.0 RESOLUTIONS 1.1 Resolution authorizing filing of applications in connection with Environmental Facilities Corporation Financing in connection with proposed creation of South Queensbury-Queensbury Avenue Sewer District and proposed creation of Route 9 Sewer District 1.2 Resolution authorizing engagement of Environmental Capital LLC to provide financial advisory services in connection with proposed creation of South Queensbury-Queensbury Avenue Sewer District Discussion held: Mr. Mike Shaw-Deputy Wastewater Supt. - This is to allow us to proceed with our pre-application and to have ESC funding for both of those projects, Route 9 and So. Qsby. One is to authorized Dennis to sign the pre-application. And the other application is authorizing the hiring of Environmental Capital for our fiscal advisor. Councilman Brewer-Questioned the hiring of someone for financial advice? Deputy Shaw-These application are lengthily and take quite a bit of time to properly fill them out, a lot of strings attached to thern. Noted they have been hired before in the past ... Councilman Brewer-Questioned the cost? Supervisor Brower-$15,000. Councilman Brewer-Questioned if Comptroller Hess could fill them out... Deputy Shaw-If we do win the grants we will save a substantial amount of money. Noted he had been working on the Pre-application. for several days, and then it gets to a point where you do the final application due October 1st a fifteen-page document... Councilman Brewer-Asked to see Comptroller Hess... Councilman Stec-Questioned if we can do these a week from today? Deputy Shaw-The pre-application we need right away, noted our Counsel wanted it on tonight, he felt he needed to get this rolling. Supervisor Brower-We are on a tight time line on this whole sewer project agreement. Councilman Brewer-The second resolution says 15,000 then it says $9500.00 ...why don't we take the 15,000 out? Supervisor Brower-Noted Mr. Hess has left the building. Board agreed to hold the resolutions until the next Board Meeting. Councilman Brewer-Questioned why can't the Comptroller do this, that is what I thought we had him for. Deputy Shaw-Noted the resolutions are on the agenda because Bob Hafner wanted thern. Supervisor Brower-These people specialize in this type of finance. Deputy Shaw-I think it is well worth hiring thern. Supervisor Brower-Advantageous interest rate that you are able to achieve you do not want to go with someone that is denied. Deputy Shaw-These loans are not guaranteed this pre-application you score points... Councilman Brewer-Would Henry have the qualifications to help you with the pre-application? Deputy Shaw-They are pretty much done. Councilman Brewer-But you cannot send them to this company until you get authorization. Deputy Shaw-I can send one because one we already have Board approval for Route 9. What you are telling me the resolution reads that if you do both at once you are going to save six thousand. Councilman Martin-.. there may be a lot of factors come into play when the financing is done, if it times out then there will be a savings by doing them both at the same time if not then it is going to be fifteen grand. Supervisor Brower-Noted if we need a special meeting we will call one, I do not think a week will make or break this. 2.0 DISCUSSIONS 2.1 West Glens Falls EMS Building Status Update - No one present that this time 2.2 Junk Vehicle Issue -Bob Huntz Environmental Committee Mr. Bob Hunts-Reported to the Board - The Environmental Committee is appointed by the Town Board each year, five active members, who meet regularly and discuss issues related to the environment. One issue being discussed is Junk Cars on private property in residential areas; studied regs in other towns and how they deal with the issue, looked at the present regs. Our regulations is written under the Junk Yard - if someone has two or more Junk Vehicles on their property they must apply for a Junk Yard Permit which is approved by the Town Board. In essence that says you can have a junk car on any piece of property that you would like to have and there is nothing that says you cannot do that, because you have to have two or more to come under that. It was that issue that led us to look at it in more detail. Definition of Junk Car: One of the towns that we dealt with on this had an ordinance that we thought was very good. First it says a Vehicle shall be defined as a Junk Vehicle if, it is present on privat property not duly licensed as a garage or vehicle repair shop or other facility operating in accordance with the zoning laws of the Town of Queensbury. Whether said vehicle is owned by the owner of said lands or is there with the knowledge and consent of the owner of said lands. If it is not currently registered to operate on the public highways of the State of New York provided that registration is required. Is inoperable or has been dismantled or has been permitted to deteriorate and has been permitted to continue in that state for a period of time long enough to raise the presumption that there is no intent to make it usable. A period of third days shall be deemed such a period. C. Being dismantled for the purpose of using its parts in the repair of other vehicles or otherwise disposing of the same. Then it says if anyone or all of those conditions are met then it is considered a junk vehicle. Nothing herein contained is intended to prevent the storing or any such vehicle in a wholly enclosed ara, completely hidden from view for any street or public place or from a joining or other private property provided that the vehicle is otherwise lawfully on the premises. We are suggesting that you have the right to have a junk car if you put it in an enclosed area so that it is not visible from streets or adjoining property. There is a thing that talks about agricultural vehicles it says nothing in here shall include in the meaning of junk vehicles any functional piece of equipment used in agricultural business, which is constructed partly from motor vehicles parts. So, basically that is what it is, a junk vehicle is, according to this definition. You could change that if you elected to alter our junk car regulation you could put in any definition you wanted to. That is how I am defining and how the Environmenal committee is defining and the proposed regulation is defining a Junk Vehicle. There is really something that could very easily be done and I think would provide a great service to the estheticsofthe Town of Queensbury and that is if the Town got involved in something similar to the Hazardous Waste pickup day that we have. That was very successful the Environmental Committee supported that, we volunteered our time that day to help. I think what we can do is if we put in a new regulation put in a time period under which the Town would assist property owners to get rid of unsightly junk vehicles that are on their property. I do not think that has to be a big cost item, the hazardous waste pickup was expensive, it cost some bucks in order to do that, although we did get a grant for part of it. I talked with one Junk Yard in detail in Town and they said they would pickup any vehicle in the Town free of charge go and get it and take it to their junk yard. I thought the problem was it costs a fortune to get rid of a piece of junk in your yard and that is why people are not doing it in some areas because it costs them money but that is not the case it does not cost anything. If the Town got behind soething like this and helped promote it I am sure it would help out a guy like Dave Hatin who goes around enforcing the present regulation and encouraging people to get rid of their Junk Vehicles in that way. The proposed ordinance, has a purpose to it, this article has as its purpose the prevention of private and public nuisances created by location and storage of junk vehicles on private property within the Town of Queensbury. Said vehicles are an attractive nuisance to Children, constitute a health safety and environmental concern for all and are a source of .. . and annoyance. They depreciate the value of neighboring properties and are a potential source of fire and explosions. The preservation of public health, protection of property, elimination peril make local legislation to terminate such practice a necessity. One thing that is not mentioned in there, often there is a junk vehicle sitting somewhere deteriorating for a long period of time there is oil leaking out of it there is antifreeze leaking ot of it which adds to the kind of thing we try to prevent with the hazardous waste pickup day. How do you enforce something, this proposal has enforcement language in the proposal as well. I think what is in there is good, but I think that would be up to the Town Board, meeting with their code enforcement officer to work out the details on how it might be enforced. I think the grace period is a wonderful idea to have that for a period of three months, six months whatever you decided would be appropriate. Serve notice to anyone that does have junk vehicle in their yard that there is a way to get rid of it free of charge or if they wanted to keep it to put it in an enclosed area. So, basically that is my report. Councilman Stec-Questioned who is this modeled from? Mr. Huntz- This is modeled after a town outside of Rochester New York the Town of Riga. Supervisor Brower-What about plow vehicles that are not licensed they are not registered they are sitting in their driveway and use them all winter to plow their driveways? Mr. Huntz-Ifthey are not registered then I guess they would have to put them in an enclosed area. Supervisor Brower-But if they do not have a garage? Councilman Stec-We could provide for an exemption if you want to. Councilman Martin-The only suggestion I would make, being an antique auto restorer, I know people also have parts trucks and cars that are very valuable to them and they are certainly not road worthy all the wheels may be off them but they have a lot of valuable parts on them that they access as they restore. They will get three vehicles and make one good one out of it. That is a nice hobby. Mr. Huntz-I do not think that there is anything in here that precludes a person having that as a hobby. But if your hobby is interfering with the esthetics and the environment of a neighborhood then you got to ... Councilman Stec- What this really would say if you want to be there it is fine but like we do with pools in the back yard we require a fence. Supervisor Brower-Noted there was a person that Dave sited, he had six vehicles in his back yard but it was fenced in. He was made in Court to remove those vehicles. Councilman Brewer-Because the ordinance right now says that you can only have two. Councilman Stec-He was in violation of the junk yard ordinance. Supervisor Brower-You do not care how many they have as long as they are out of sight. Mr. Huntz-I am saying that here in this regulation. Councilman Brewer-I think you are opening up a can of worms. You are saying to somebody that they can have ten cars or whatever the number might be as long as they are fenced in man you would see all kinds of fences going up in this town. Councilman Stec-We could put a number in this though, ourselves, we could say in a residential zoned area you could have up to two or three or whatever parts cars provided that they are fenced in, in the back yard. Right now there is nothing that says you couldn't drop a junk car right in your front lawn. Councilman Martin-This language is very good and then just create an exemption section in criteria exemption, if you do have a plow truck during the winter months maybe leave it out if you do have antique cars you could have in that case you could have more than two but they have to be stored, you could have up to five or something like that. Supervisor Brower-The current ordinance does not preclude you can have a plow truck and you could have one junk car that you are fixing up, right. Councilman Brewer-You can have two unregistered vehicles. Mr. Huntz- With any regulation like this you assume the Code Enforcement Officer is going to use good judgment, the problem is if you make it too lenient in the ordinance then he cannot do anything his hands are tied. Councilman Martin-The penalty that is imposed, for a long time we had a criminal standard in all our ordinance and that is a problem, because just like anything else you have to prove beyond a reasonable doubt. In the mid nineties we inserted a preponderance of evidence and civil standard in and that relaxes it, makes it a little bit easier to make your case then and the other side criminally you are talking about potentially jail time and on these types of civil matters is not realistic. But, the civil standard is nice you can impose a modest fine that gets the point across but it is not as heavy handed as like you are going to take somebody to jail. Mr. Huntz-I think that is reasonable. Suggested a fine between two fifty and a thousand dollars, I think that is good sting. Councilman Martin-The other thing that I would propose that Dave, review this. Mr. Huntz-First of all you have thirty days from the time the Code Enforcement Officer would tell you, you have to get rid of it, after the thirty days it is brought to the Town Board if it wasn't complied with. Councilman Brewer-Requested that the proposal be given to Dave and to the Attorney have them get back to us in two weeks. Supervisor Brower-Noted that the opposing view to the law would be attending the next workshop on the 27th. Councilman Brewer-Information for the Town Board: noted his mother in law received a letter on Sierra Club Stationary from Paul Abbes the Mohawk part of the Sierra Club is going to try to help him raise funds to defend the Fuller Road fiasco again. RESOLUTION ADJOURNING SPECIAL BOARD MEETING RESOLUTION NO. 329, 2001 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 Special Board Meeting. Duly adopted this 13th day of August, 2001 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