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2007-10-15 MTG45 Regular Town Board Meeting October 15, 2007 MTG#45 9 REGULAR TOWN BOARD MEETING MTG#45 OCTOBER 15, 2007 RES#444a-465 7:00 P.M. B.H.24-25 L.L. 6-7 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN ATTORNEY MARK NOORDSY TOWN OFFICIALS FISCAL MANAGER, BARBARA TIERNEY SUPERINTENDENT OF CEMETERIES, MIKE GENIER DIRECTOR OF BUILDING & CODES, DAVE HATIN PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. 1.0BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 444A, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 15 day of October, 2007 by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING – PAUL TEASDALE AND CHANTAL BARIL’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE OPENED NOTICE SHOWN PUBLICATION DATE October 5, 2007 KEITH MANZ ENGINEER AND CHANTAL BARIL PRESENT Regular Town Board Meeting October 15, 2007 MTG#45 10 SUPERVISOR STEC-The variances that are being sought is a pump line 3’ foot from the south property line in lieu of ten-foot setback. An absorption bed 70’ from the northern neighbor’s well instead of the required hundred-foot setback. Absorption bed 2’ from the house instead of the required 20’. An adsorption bed 1’ from the eastern property line instead of the required 10’. An absorption bed 3’ from the south property line instead of the required ten-foot setback. What we have is we have a situation where in order to get the field in they are tight against all the property line requirements. We set this public hearing a couple of weeks ago. I will open the public hearing, I will turn it over to you to make a brief presentation to the Town Board who will ask questions, and then we will take any public comment. KEITH MANZ, ENGINEER-Of record representing Chantal who is to my left and Paul the other owner who is not here this evening. The best place for the system was in the front yard along the road. It is furthest from the lake and furthest from the neighbor to the south. While we do need one variance from the well to the north, which is 70’ we have received signoffs from both abutters. If there are any questions from the board or the audience since this is a public hearing go ahead. SUPERVISOR STEC-From the board is there any questions or comments right now for the applicant. Again, the public hearing is opened is there anybody in the audience that would like to comment one-way or the other on this variance request? We do have some correspondence Karen do you want to read that letter it or at least note it for the record. DEPUTY CLERK, O’BRIEN-I Deborah Henderson do hereby relieve the Town of Queensbury from any liabilities on the plumbing and septic system located at 150 Sunnyside North. COUNCILMAN SANFORD-What is the date on that? COUNCILMAN BOOR-The date on this is 10-9-07. COUNCILMAN SANFORD-We have something from 9-28-07 where the applicant is saying that the same woman would not sign the release has there been a change in heart here. MR. MANZ-Yes. They have since signed off I don’t know if you want to add anymore Chantal on why or how it happened. I actually spoke to one of the relatives of that individual explained a little bit more the engineering with respect to the septic and any inherit risk then they do sign off ultimately. SUPERVISOR STEC-Is there any other correspondence Karen. DEPUTY CLERK O’BRIEN-No. SUPERVISOR STEC-Again, is there anybody from the public that is here to address the board on this variance application. NO PUBLIC COMMENT SUPERVISOR STEC-Any Town Board questions or comments. COUNCILMAN STROUGH-The Lake Assessment Report for Lake Sunnyside written by Holly Ahern, Associate Professor of Microbiology at Adirondack Community College. They did studies of the lake and they identified a particular area that was especially troublesome what they labeled as Area B. MS. BARIL-They think that we have a leak in the tank right now. COUNCILMAN STROUGH-So it appears yes and I also went on site to see where your residence was in relationship it is in that B area. Is your septic tank one of the suspect cases of the coli? Regular Town Board Meeting October 15, 2007 MTG#45 11 MS. BARIL-Yes. MR. MANZ-Yes. COUNCILMAN BOOR-Which makes it easier to deal with because it is failing. COUNCILMAN STROUGH-When, I read the variances requested pump line three feet from the property line instead of the required ten. Absorption feet ten feet from the neighborhood’s well instead of the required hundred that still is troublesome to me. COUNCILMAN BOOR-It is seventy, John. COUNCILMAN STROUGH-Seventy instead of the required hundred. The adsorption bed two feet from the house instead of the required twenty-foot setback. The absorption bed one foot from the eastern property line instead of the required ten-foot setback. The absorption bed three feet from the south property line instead of the required ten-foot setback I looked at that and said holly cow. Then I looked at your situation it is a point two, two-acre lot there is absolutely no other place to put this. However, my one question remains and concerned especially is the less than hundred foot setback from your neighbors well and she is not going to give up a signoff. COUNCILMAN BOOR-Yes she did John. COUNCILMAN STROUGH-Oh she changed her mind and did give you a signoff. COUNCILMAN BOOR-That was the one that was read into the record. COUNCILMAN STROUGH-Then that is not so troublesome okay well that’s better. SUPERVISOR STEC-Does this board have any other questions. Is there anyone from the public again that would like to comment before I close the public hearing? I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING PAUL TEASDALE AND CHANTAL BARIL’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 24, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Paul Teasdale and Chantal Baril filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install: 1.a pump line 3’ from the south property line instead of the required 10’ setback; 2.the absorption bed 70’ from the northern neighbor’s well instead of the required 100’ setback; 3.the absorption bed 2’ from the house instead of the required 20’ setback; 4.the absorption bed 1’ from the eastern property line instead of the required Regular Town Board Meeting October 15, 2007 MTG#45 12 10’ setback; and 5.the absorption bed 3’ from the south property line instead of the required 10’ setback; on property located at 150 Sunnyside North in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on Monday, October 15, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Paul Teasdale and Chantal Baril for variances from the Sewage Disposal Ordinance to install: 1.a pump line 3’ from the south property line instead of the required 10’ setback; 2.the absorption bed 70’ from the northern neighbor’s well instead of the required 100’ setback; 3.the absorption bed 2’ from the house instead of the required 20’ setback; 4.the absorption bed 1’ from the eastern property line instead of the required 10’ setback; and 5.the absorption bed 3’ from the south property line instead of the required 10’ setback; Regular Town Board Meeting October 15, 2007 MTG#45 13 on property located at 150 Sunnyside North in the Town of Queensbury and bearing Tax Map No.: 290.5-1-35. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 25, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 15 day of October, 2007, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None 2.0 PUBLIC HEARINGS PUBLIC HEARING – REIMBURSEMENT OF FIREFIGHTING FOAM COST TO BAY RIDGE VOLUNTEER FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT OPENED NOTICE SHOWN PUBLICATION DATE OCTOBER 5, 2007 SUPERVISOR STEC-Again, as we talked about a couple times in recent Town Board Meetings we thanked the Bay Ridge Fire Company and many other organizations in the Tri-County area for their assistance on the Labor Day fire that occurred at the Town Jenkinsville and Ridge Road brush dump near our landfill. After receiving a letter and having some correspondence with the Fire Company, Bay Ridge and all the companies that were involved used a total on Town property of $4,187.50 of the foam chemical to suppress that fire on Town property. Because of the unusual nature and the fact that it was on Town property they did ask if the Town would consider reimbursing them for that expense. We said that we would be happy to, however, anytime we do anything with a fire company that involves an exchange of money that involves modifying their contract. In order to modify their contract we need to have a public hearing so that the purpose of tonight’s public hearing. Again, this would authorize the reimbursement to the Bay Ridge Fire Company through their contract by supplement of an amount of $4,187.50. Is there anyone from the public that would like to comment on this public hearing? DOUG COON, DIRECTOR OF THE BAY RIDGE VOLUNTEER FIRE COMPANY- Just a brief statement for the record. As you, well know Dan from correspondence with Regular Town Board Meeting October 15, 2007 MTG#45 14 the Chief on a couple things it was never the intention of the Bay Ridge Fire Company to renegotiate or open their contract. It was a means of trying to recover losses by all the fire companies in the fire hoping it would be able to come from a different fund. It wasn’t the intention of the fire company to open up a contract. As we, all know we all kind of share that one piece of pie so that it does become a hot topic with the other fire companies. We just wanted to have that for the record and let everybody know that it wasn’t the intention of the Bay Ridge Fire Company to renegotiate their contract. Thanks. Dan. SUPERVISOR STEC-Absolutely. I am glad that you tried to clarify me a little bit more certainly, that was clear to the Town Board. As we said anytime we do any of this we do need to modify it, but your point is well taken and you are absolutely right it can be a sensitive issue. Is there anyone else that would like to address the board this evening? BETTY MONAHAN, SUNNYSIDE-I just want to say that I support what the Town Board is doing completely. We are lucky enough to have mutual aid all the fire companies had an expensive from this. I think anything that we can do to show our appreciation I live in the area, to show our appreciation for what happened that night that it didn’t get more serious I think it is a moral obligation that we have. SUPERVISOR STEC-Thank you, Ms. Monahan. Is there anyone else that would like to address the board this evening on this public hearing? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING REIMBURSEMENT OF FIREFIGHTING FOAM COSTS TO BAY RIDGE VOLUNTEER FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 444, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, and WHEREAS, a fire at the Town of Queensbury’s property on Jenkinsville Road thrd began on Thursday, August 30, 2007 and continued through Monday, September 3, 2007 and during such fire, the Fire Company used 250 gallons of Class A firefighting foam at a cost of $16.75 per gallon or a total of $4,187.50, to fight the fire, and WHEREAS, the Fire Company’s standard practice is to approach the property owner, in this case the Town of Queensbury, to recoup the cost of such foam, and therefore the Fire Company has asked the Town Board to consider reimbursement to the Fire Company for such cost, and Regular Town Board Meeting October 15, 2007 MTG#45 15 th WHEREAS, on Monday, October 15, 2007, the Town Board held a public hearing concerning this matter and the corresponding amendment to the Fire Company’s Fire Protection Agreement, and the Town Board heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to facilitate continued provision of necessary fire protection services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the $4,187.50 increase in the Bay Ridge Volunteer Fire Company, Inc.’s budget for reimbursement of the Fire Company’s use of 250 gallons of Class A firefighting foam and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire protection services for the year 2007 by an additional $4,187.50, and correspondingly authorizes an amendment to the Fire Company’s Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to take all action necessary to provide for such $4,187.50 and amend the 2007 Town Budget as may be necessary, and the Town Supervisor and Town Fiscal Manager to take any further actions needed to effectuate all terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE : COUNCILMAN BOOR-I have a letter from Rich Selby he is with Salerno Brokerage Company our Insurance Carrier saying they have reviewed the policy it is our opinion that there is coverage for this claim subject to policy deductible. Mr. Salerno will present our argument to the claims adjuster as to why we believe this claim is covered we will get back to you shortly with the outcome. In the meantime, please forward any additional invoices for expenses incurred to extinguish this fire. I thought this was important because I know at one of our previous meetings it was suggested that the new insurance didn’t cover something like this there is definitely confusion a lot of times about landfill Regular Town Board Meeting October 15, 2007 MTG#45 16 coverage. What Cool didn’t cover and what Salerno doesn’t cover it has to do with pollution. Issues where if the landfill leaks and contaminates well that is why we have a 1.9 million dollar contingency fund to cover just such an occurrence. The suggestion that our new carrier doesn’t cover this is probably not correct. SUPERVISOR STEC-In addition to this chemical I know that the other areas that we are hoping to be covered by the insurance company involve the cost of the excavation work the private excavators that evening and spent a better part of probably two days working there. You are right the initial claim was denied, but our broker is going to bat trying to get that rectified we are hopeful that certainly doesn’t impact what I think we are about to do tonight, but it is a fair point. PUBLIC HEARING – WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S REQUEST FOR ENGINE REPAIRS AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT OPENED NOTICE SHOWN PUBLICATION DATE: OCTOBER 15, 2007 SUPERVISOR STEC-Likewise, I just said a minute ago and certainly I think ditto probably applies here. The Fire Companies certainly weren’t looking to open their contract but again anytime, we change the monetary value or give a Fire Company or Rescue Squad additional money that requires a public hearing because it is done through an amendment to their contract. The Town Board had the discussion a few weeks ago with West Glens Falls Fire Company. As, I think a lot of people know I think it is twenty eight years old somewhere in that neighborhood a 25 to 30 years old tower. It did have a mechanical issue that put it out of service it has been out of service for a months, which certainly is of great concern to the Fire Company as well as the Town Board. We have been trying to figure out what we were going to do on a long-term basis. In the short- term, the Fire Company did come back and they did have a company look at this and determine that a repair could be done in an amount that we are considering amending their contract tonight it is $15, 036.41 to fix this Tower 4 aerial device. The correspondence that the company was given from this company that would do the repair says that they believe they can get a couple more years of life out it by doing this engine work. Certainly, when you are talking about the value of the apparatus that we are talking about and its use, $15,000 is a relatively small sum at least that was the jest of the conversation the Town Board had with the Fire Company. Again, in order to give them more money because they didn’t have this kind of money in their budget to cover a repair like this it requires the Town Board to conduct a public hearing on their contract to amend the contract by this amount just over $15,000. I will open the public hearing is there any member of the public that would like to ask any questions or comment on this public hearing. NO PUBLIC COMMENT SUPERVISOR STEC-I hope, I covered it. Anybody else from the public, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S REQUEST FOR ENGINE REPAIRS AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 445, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting October 15, 2007 MTG#45 17 SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it is necessary to make unexpected repairs to the engine of its Tower 4 aerial device for the estimated sum of $15,036.41, and WHEREAS, this purchase will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Town Board feels that by spending this amount of money for engine repairs, the Fire Company will gain additional life out of such apparatus while the Town considers and studies the future apparatus needs of the Town, and th WHEREAS, on Monday, October 15, 2007, the Town Board held a public hearing concerning this matter and the corresponding amendment to the Fire Company’s Fire Protection Agreement, and the Town Board heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to facilitate continued provision of necessary fire protection services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the $15,036.41 increase in the West Glens Falls Volunteer Fire Company, Inc.’s budget for unexpected repairs to the engine of its Tower 4 aerial device and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire protection services for the year 2007 by an additional $15,036.41, and correspondingly authorizes an amendment to the Fire Company’s Agreement with the Town, and BE IT FURTHER, Regular Town Board Meeting October 15, 2007 MTG#45 18 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Fiscal Manager to take all action necessary to provide for such $15,036.41 and amend the 2007 Town Budget as may be necessary, and the Town Supervisor and Town Fiscal Manager to take any further actions needed to effectuate all terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None PUBLIC HEARING – ENACTING AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK OPENED NOTICE SHOWN PUBLICATION DATE: OCTOBER 5, 2007 SUPERVISOR STEC-Anytime we want to add a stop sign in the Queensbury we need to amend a local law, which requires a public hearing. In the fourth Ward down in Hudson Pointe, we did receive some correspondence actually; this has been looked at once before. The new Highway Superintendent has recommended that we do in fact put a stop sign at the intersection at Hyde and Danford Court. We did get some letters and I believe a petition from the neighbors saying that there was a concern there. We will open the public hearing on this if there is anybody that lives in that area or anywhere for that matter that would like to comment on this. I would ask that you come to the microphone state your name and address for the record comment. We will hear anyone that wants to talk on the stop sign again this is on Hudson Pointe Boulevard at Hyde and Danford Court. BILL HAMILTON, HUDSON POINTE-I would just like to take a minute of your time to express the concern that my family has and I believe some of our neighbors that the intersection of Hyde Court in Hudson Pointe is a little bit unsafe for the children in the neighborhood. They are constantly riding through the neighborhood even some of the cars are driving through the stop sign. Cars coming down Hudson Pointe really can’t see them until they get to the intersection. It seems to us that a stop sign at that location would be a great way to improve the safety of our neighborhood. Preemptively take advantage of a dangerous situation before something happens. Thanks. SUPERVISOR STEC-Thank you, sir. Is there anyone else that would like to comment on this public hearing this evening, Mr. Conley? RAY CONLEY, HUDSON POINTE-I also live on that intersection and I have a three year old son that plays in that area there are at least five or ten kids that live right on that intersection. I have witnessed myself that some of the smaller children decide to just drive across that intersection on their bikes. They are not quite fully aware of the gravity of what they are actually doing. I kind of implore you to think about putting that stop sign there, please. Regular Town Board Meeting October 15, 2007 MTG#45 19 SUPERVISOR STEC-Is there anyone else that would like to comment this evening on this public hearing. I will close the public hearing then. PUBLIC HEARING CLOSED RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 446, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Hudson Pointe Boulevard and Hyde/Danford Court, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed Amendment to Ordinance No. 28 on Monday, October 15, 2007 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting by adding a four-way stop intersection at the intersection of Hudson Pointe Boulevard and Hyde/Danford Court, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk’s Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. th Duly adopted this 15 day of October, 2007, by the following vote: Regular Town Board Meeting October 15, 2007 MTG#45 20 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: Stop sign(s) shall be erected to make a four-way intersection at the intersection of Hudson Pointe Boulevard and Hyde/Danford Court. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. PUBLIC HEARING – LOCAL LAW PROHIBITING PARKING ON THE EAST SIDE OF A PORTION OF MALLORY AVENUE IN THE TOWN OF QUEENSBURY OPENED NOTICE SHOWN PUBLICATION DATE: OCTOBER 5, 2007 SUPERVISOR STEC-I will open this public hearing. Again, to modify this Ordinance to make a No Parking Area requires a public hearing. We do have a signoff from Mike Travis, Highway Superintendent recommending that we do it. It is 280’ plus or minus in the southerly direction on Mallory Avenue beginning at its intersection with Nathan Street and continuing up to the south for about 280’. That is the area that we talking about, I guess Councilman Brewer also got some calls on this. COUNCILMAN BREWER-I actually did get a call on this from a resident that alerted the Highway Department Dan. One of the Foremen from the Highway Department went out there, looked, and saw a situation where people were parking on that edge of the road and the bank was eroding. He was in fear of, if that bank keeps eroding the road is going to washout and it is going to be a more costly fix if we have to rebuild that road rather than just put No Parking on that side of the road. It is an easy solution to a potentially big problem. SUPERVISOR STEC-I will open this public hearing if there is anyone that would like to address the Town Board on this matter again, I will just ask that you raise your hand. NO PUBLIC COMMENT Regular Town Board Meeting October 15, 2007 MTG#45 21 SUPERVISOR STEC-Any comments from the Town Board I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION TO ENACT LOCAL LAW PROHIBITING PARKING ON THE EAST SIDE OF A PORTION OF MALLORY AVENUE IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 447, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on the east side of a portion of Mallory Avenue in the Town of Queensbury beginning at its intersection with Nathan Street and continuing in a southerly direction a distance of 280’±, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle § and Traffic Law 1660(18) and the Municipal Home Rule Law, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, the Town Board conducted a public hearing concerning the proposed th Local Law on October 15, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts and enacts the Local Law Prohibiting Parking on the East Side of Portion of Mallory Avenue in the Town of Queensbury, to be known as Local Law No.: 6, of 2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and the Local Law will take effect immediately and as soon as allowable under law, and BE IT FURTHER, Regular Town Board Meeting October 15, 2007 MTG#45 22 RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent to post no parking signs on the appropriate section of Mallory Avenue and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT:None LOCAL LAW NO.: 6, OF 2007 A LOCAL LAW PROHIBITING PARKING ON THE EAST SIDE OF A PORTION OF MALLORY AVENUE IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on the east side of a portion of Mallory Avenue in the Town of Queensbury beginning at its intersection with Nathan Street and continuing in a southerly direction, a distance of 280’±. 2. Definitions: For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and "Park" shall have the same meanings as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on the East Side of Mallory Avenue in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no person(s) shall park a motor vehicle or other vehicle for any period of time on, in or along the right-of-way on the east side of a portion of Mallory Avenue beginning at its intersection with Nathan Street and continuing in a southerly direction a distance of 280’±. 4. Responsibility of Motor Vehicle Owner: Should any vehicle be found parked in violation of this Local Law, it shall be presumed that the owner of the motor vehicle is the person responsible for parking the motor Regular Town Board Meeting October 15, 2007 MTG#45 23 vehicle in violation and this presumption shall only be rebutted upon a showing by the vehicle owner that another person clearly identified had custody and control of the motor vehicle at the time of such violation. 5. Penalty: Any person violating any provision or paragraph of Section 3 of this Local Law shall, upon conviction, be punishable for a first offense by a fine not to exceed $25, and for a second offense by a fine not to exceed $50. In addition to the aforesaid penalties, the Queensbury Town Board may institute any proper action, suit, or proceeding to prevent, restrain, correct, or abate any violation of this Local Law. . Effective Date: 6 This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State. PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 162 ENTITLED “SPECIAL SALES EVENTS” OPENED NOTICE SHOWN PUBLICATION DATE: OCTOBER 5, 2007 SUPERVISOR STEC-We set this public hearing a couple weeks ago, we will take any comment on it I am not sure there maybe some language issues that the board is still not crazy about in which case we do not have to act on it tonight. To take public comment, the board off and on over the years has wrestled with how to fairly and efficiently enforce or have codes in place that regulate certain activity without being burdensome either to those that need to enforce it or to the public. One of the areas has been these yard sales or rummage sales where they could potentially go on never ending all summer long seven days a week. Again, we don’t have a police force we don’t have a second shift Code Enforcement folk. Code Enforcement in the Town is a challenge on odd times of the day or week. One of the solutions that were suggested, as I think is the jest of what we are talking about doing tonight or taking comment on tonight is that we would permit these to happen on weekends a weekend being defined as 5:00 p.m., Friday to 8:00 a.m. Monday. The idea being is that you could have the garage sale as often as you like on the weekend, but Monday morning you had to be packed up and finished with it rather than reversing it and trying to control it on the weekend. We would permit it on the weekend and that way the enforcement could take place during the week when Code Enforcement people are on, that was structured through Community Development and Town Counsel’s Office. That is what we are generally considering tonight we will take comment on it and like I said, I am aware that the Town Board may want to make some changes, which case we won’t act on it tonight. We did advertise it so if there is anyone that would like to comment on it. COUNCILMAN BREWER-If we make any changes we can’t act on it? SUPERVISOR STEC-I asked that question of Matt Fuller he said if we changed it other than a punctuation. ATTORNEY NOORDSY-Other than typographical other wise you have to reintroduce. COUNCILMAN SANFORD-I am going to feel strongly about a change. I had a couple calls, I spoke to Tim on this at a Workshop, and he didn’t seem to have a problem I thought we could just change it. COUNCILMAN BREWER-I did too. Regular Town Board Meeting October 15, 2007 MTG#45 24 COUNCILMAN SANFORD-Anyway the concerns that I heard from people in Ward 2 were that Fridays typically are their biggest days when they have a garage sale because you get the people that are commuting to and from work on lunch, hours and what have you they typically will stop. A lot of times people are gone for the weekends so on Saturday and Sunday you get sometimes drop off in customer activity with the change that we define the weekend as beginning like Friday 8:00 a.m. until Monday at 8:00 a.m. COUNCILMAN BREWER-You want to change Friday to 8:00 a.m. SUPERVISOR STEC-So you get all day Friday. COUNCILMAN SANFORD-All day Friday in. COUNCILMAN BREWER-That’s fine. COUNCILMAN SANFORD-Then I would support it. COUNCILMAN BOOR-It is one of those things you don’t know until you get the call. COUNCILMAN SANFORD-I explained to the gentlemen that the reason we were doing this is in some areas mostly in Ward 4 you have some cases where people do what you refer to as perpetual garage sales all summer long. By having this break in the continuity you know we kind of prevent that from happening. I don’t think we are dug in on it being…. COUNCILMAN BREWER-No absolutely we just had to have a place to start. COUNCILMAN STROUGH-My idea was along the same lines Richard. I just thought we reverse the numbers Friday at 8:00 a.m., Monday at 5:00 p.m. because there are three day weekends both ways Friday, Saturday, and Sunday. COUNCILMAN BREWER-We discussed that John and there is far and few between. COUNCILMAN STROUGH-Why deny them. SUPERVISOR STEC-It still accomplishes breaking them up from being on and on. I don’t have a problem with, but Mark since we have the benefit of you here… COUNCILMAN BOOR-We could call it a typo then we could say a.m. and p.m. got mixed up. SUPERVISOR STEC-Let me ask this though Mark one of the other things and Craig Brown is not here he shot a couple of emails asking us a question. I do think it was an overload on our part. If we do want to change the time then we might need to continue this hearing in order to affect that maybe we don’t. The other thing that was floated that we considered involved whether or not we wanted to allow somebody to get a special permit to wave this. We didn’t talk about it so at least speaking for myself, I don’t think that was what we wanted to do again that creates an extra burden on Code Enforcement, but that was a question because that language remains in the code where it does mention that you can get a special permit. Craig said are you sure you want to do that I am sure that we honestly didn’t noticed that when we thought about it. COUNCILMAN BREWER-The special permit Dan would be during the time a garage sales is not allowed, right? SUPERVISOR STEC-That’s the question do we want to allow that, that’s the question. Do you want somebody come in and say we want to apply for this and have it for a month the month of July have a month long garage sale do we want to give that option. I mean it is not a big deal the Town Board could always say no I suppose. Regular Town Board Meeting October 15, 2007 MTG#45 25 COUNCILMAN BREWER-I would think if they are going to have a special sales event, it is going to be somewhat more than a garage sale. I think it was meant for businesses or whatever don’t you? SUPERVISOR STEC-Craig’s question and I don’t think that any of us really feel that strongly about it. COUNCILMAN BOOR-It does raise an interesting question is there a legal definition of a garage sale. ATTORNEY NOORDSY-There is in the proposed law. COUNCILMAN BOOR-Right, but I mean as you are referring…. COUNCILMAN SANFORD-What is the difference between a garage sale and a flea market? COUNCILMAN BOOR-Or a yard sale? COUNCILMAN BREWER-A garage sale and a yard sale are pretty much the same, but a flea market is an organized business where the garage sale would be by the homeowner. COUNCILMAN SANFORD-I understand. COUNCILMAN BREWER-We allow special sales events now don’t we. COUNCILMAN SANFORD-Yeah we do. COUNCILMAN BREWER-So why take that opportunity away. SUPERVISOR STEC-Leave it in. Like, I said it was just a question that Craig had asked us I don’t think we ever did discuss it. I don’t think any of us have our heels dug in on the times, Mark. COUNCILMAN SANFORD-The difference is we are charging a pretty good fee for that though Dan. SUPERVISOR STEC-I don’t know if we are going to get a lot of comment on it tonight. Mark if we said, you know in order to do this we need to notice it do we need to have another public hearing or do we leave this one open and make the change and re-notice it. COUNCILMAN BOOR-I think you would have to reintroduce. ATTORNEY NOORDSY-You have to reintroduce. COUNCILMAN BOOR-You are not leaving this one open. SUPERVISOR STEC-We are wrapping up the season. COUNCILMAN SANFORD-We are going to have to do it because at least to get my vote because I feel strongly about making it Fridays. SUPERVISOR STEC-That makes sense Friday makes sense. COUNCILMAN SANFORD-If we have to that we have to do it. COUNCILMAN BREWER-Then let us re-notice it we will just do it again. SUPERVISOR STEC-We are going to take comment just in case there are people here that want… I am assuming that after we take comment we probably won’t act on it what we will do is we will ask for our next meeting in November to have another resolution to set the public hearing for the second meeting in November with those changes. Regular Town Board Meeting October 15, 2007 MTG#45 26 COUNCILMAN BREWER-Why don’t we take ten minutes at a workshop to discuss any changes so we don’t have to keep doing this. SUPERVISOR STEC-We can do that next Monday if you want. COUNCILMAN BOOR-Tim these came up after it was noticed. COUNCILMAN BREWER-I understand Richard called me and asked me about it. I don’t have any issue with it I just don’t want to have to do it again. ATTORNEY NOORDSY-I think you might want to think about the point that Craig mentioned are you going to allow garage sales other than in the allowed hours by special permit or there is a three day weekend that covers a Monday. SUPERVISOR STEC-We are going to do that by letting it go to five on Monday. We are going to go 8:00 a.m. Friday…. COUNCILMAN BOOR-To 5:00 p.m. Monday. SUPERVISOR STEC-Essentially we will get four days. The intent here really was to break it up so that you don’t have one that went three or four weeks or longer, which I think we all agree we could be wrong the public is here they may say we are nuts let’s find out. I will open the public hearing is there anybody in the public that would like to comment on the garage sale local law change. You just saw democracy in action right here we were thinking out loud in front of you all hopefully we all looked pretty bright maybe not. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC- I will close this public hearing. PUBLIC HEARING CLOSED SUPERVISOR STEC-I think the jest that we want to do for now is make it 8:00 a.m. Friday to 5:00 p.m. Monday that is the main change. Then I think we may want think what’s the answer to Craig Brown’s question we got couple weeks to figure that out everyone agree so we won’t take any action on five. PUBLIC HEARING - LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 ENTITLED FIRE PREVENTION AND BUILDING CONSTRUCTION OPENED NOTICE SHOWN PUBLICATION DATE : OCTOBER 5, 2007 SUPERVISOR STEC-I see that Dave Hatin is in the room. He has been working with the Town Board on this one. We have modified this Chapter 88 a couple months ago, but there were some areas that we said well we wanted to think over and revisit a little bit later. What this basically does is it gives the Code Enforcement Officer a little bit more authority to get something’s done. Once the Town recognizes to make a property safer to secure it that if a property owner isn’t cooperating or isn’t available or can’t be found that sort of thing. In the interest of public safety, something needs to be secured a window boarded up that sort of thing. A pool drained or covered or secured or locked this would give the code enforcement officer authority to make that happen then pass the expense of it on to the property owners taxes so that is the change that we are proposing here tonight. Dave give me a yes or no or come to the microphone. Regular Town Board Meeting October 15, 2007 MTG#45 27 DIRECTOR OF BUILDING & CODES, MR. HATIN-Unless the board has any questions that is pretty much it in a nutshell. SUPERVISOR STEC-I don’t know if the board has any questions for Dave certainly, we are going to take some public comment. COUNCILMAN STROUGH-None here. COUNCILMAN BOOR-I don’t have any. COUNCILMAN BREWER-Does this still mean you do or don’t have to come and ask us like in other resolutions we have. DIRECTOR OF BUILDING & CODES, MR. HATIN-I think that would sidestep that situation for now basically make it easier to enforce and quicker. COUNCILMAN BREWER-It would be easier for you then we wouldn’t have to with the thirty days and all that you still have a time frame or no. DIRECTOR OF BUILDING & CODES, MR. HATIN-We avoid unsafe structures basically with the results of this. COUNCILMAN BREWER-So there wouldn’t be a thirty-day waiting period then? You couldn’t send a letter is that how you would do it. DIRECTOR OF BUILDING & CODES, MR. HATIN-This would be after a thirty day notice. If we can’t find the owner or find the owners whereabouts then this would be kind of a last resort before anything serious. COUNCILMAN BREWER-We have had a couple of them in the past. DIRECTOR OF BUILDING & CODES, MR. HATIN-We have three pending right now. SUPERVISOR STEC-I will open the public hearing is there anybody from the public that would like to comment or ask any questions about this proposed changed. This is the last public hearing of the evening. I told you, I thought the first few were pretty tame but these last couple I am glad Dave came tonight in case there are questions. NO PUBLIC COMMENT SUPERVISOR STEC-I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 7, OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 ENTITLED, “FIRE PREVENTION AND BUILDING CONSTRUCTION” RESOLUTION NO. 448, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 7, of 2007 to amend Queensbury Town Code Chapter 88 “Fire Prevention and Regular Town Board Meeting October 15, 2007 MTG#45 28 Building Construction,” in accordance with the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York, and WHEREAS, such Local Law provides authorization for the Town’s Director of Building and Code Enforcement to perform certain maintenance on private property where deemed necessary for the preservation of the health, safety and general welfare of the citizens and subsequently assess the associated costs on the real property’s tax levy, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, the Town Board duly held a public hearing on Monday, October 15, 2007 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 7, of 2007 to amend Queensbury Town Code Chapter 88 “Fire Prevention and Building Construction,” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None LOCAL LAW NO.: 7, OF 2007 Regular Town Board Meeting October 15, 2007 MTG#45 29 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 TITLED “FIRE PREVENTION AND BUILDING CODE CONSTRUCTION” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Intent. This local law provides for updates and amendments to Chapter 88 of the Code of the Town of Queensbury, titled Fire Prevention and Building Code Construction. These updates are made in accordance with the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York (the Uniform Code). This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this local law and Chapter 88 of the Code of the Town of Queensbury. Section 2. Amendment to §88-24(B) of the Code of the Town of Queensbury. §88-24 shall now read: B. Penalties. Any person who shall fail to comply with a written order of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber or construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies made thereunder or any person who shall violate any provision of this chapter, the Building Code or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, or who shall refuse to allow a or fail to comply with the requirements of the New required inspection, York State property maintenance code , in addition to other penalties Regular Town Board Meeting October 15, 2007 MTG#45 30 in provided for in this chapter shall be guilty of an offense punishable by the following manner: (1) A fine of not more than $950 for the first offense, by a fine of not more than $950 or by imprisonment for not more than one year, or both, for the second offense. (2) If the violation requires the abatement or maintenance be performed by the Town or by its designee, or agent, including a private contractor lawfully engaged and authorized by the Town, such expense shall be assessed against the record owner of the property. The expense so assessed shall constitute a lien in charge on real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other town charges. Such assessments shall be made in accordance with Article 15 of the Town Law. (3) The imposition of such penalties penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Section 3. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 4. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. 3.0 HEARINGS HEARING – YUET HON AND SO YING LING’S (FLOWER DRUM SONG) APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY Regular Town Board Meeting October 15, 2007 MTG#45 31 SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 SEWERS AND SEWAGE DISPOSAL OPENED SUPERVISOR STEC-I am not sure if the applicant or property owner or anybody representing them are here tonight we have done a lot of these before. This is the one again; we have a relatively new sewer district along Route 9. Some of the properties for their own convenience sake or timing issues would like to delay tying into the sewer district physically. We have generally been allowing them a one-year extension they always come back if they need an additional one. Sometimes these are related to we have a project going on we want to do this next spring instead of this fall that sort of thing. The important thing for the public or more importantly for those that are in that district is that these properties are still participating financially as though they are tied in. The physical tie-in does not change their financial contribution of the burden to the rest of the district so there is no financial disadvantage to the rest of the district. Is there anyone that would like to comment on this the property owner if they are here any questions from the board.? COUNCILMAN BOOR-This is with approves and grants. SUPERVISOR STEC-This would be to approve and grant we have a couple slashes in there to grant or deny. We say would and is… COUNCILMAN STROUGH-Would not. COUNCILMAN BREWER-Where are you reading would not. COUNCILMAN BOOR-With the first one it is would not. COUNCILMAN STROUGH-Right. COUNCILMAN BOOR-Then is would approves and grants. COUNCILMAN STROUGH-Right. COUNCILMAN BREWER-The first one is would not. SUPERVISOR STEC-Would not be material detrimental then B will be granting variance is reasonable and would alleviate unnecessary hardship. Approves, grant we are getting carried away with these they used to be simpler anyways if there a motion to approve. APPROVING RESOLUTION YUET HON AND SO YING LING’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 449, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary Regular Town Board Meeting October 15, 2007 MTG#45 32 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Yuet Hon and So Ying Ling (Applicants) applied to the Town Board § for a second variance/waiver from Town Code 136-44 for a second extension of the Town’s connection requirements to connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that there may possibly be a sale of the building and property and the current dry wells are properly functioning, as more fully set forth in the Applicants’ application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the Town Board conducted a hearing concerning the variance/waiver request on th Monday, October 15, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board /would not determines that the temporary granting of the variance/waiver be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and is b) the Town Board finds that the granting of the variance/waiver reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, approves RESOLVED, that the Queensbury Town Board hereby Yuet Hon and So Ying Ling’s (Applicants’) application for a variance/waiver from Queensbury Town Code § grants Chapter 136, 136-44 “Connection to sewers required” and hereby the Applicants a th one-year extension of time or until October 15, 2008 in which to connect their property located at 909 State Route 9, Queensbury (Tax Map No.: 296.17-1-38) to the Town of [ provided that if there is any change in property Queensbury’s Route 9 Sewer District, use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, Regular Town Board Meeting October 15, 2007 MTG#45 33 RESOLVED, that the Applicants shall pay all charges due as if their property ] was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None HEARING – ORDERING REMOVAL OF GARBAGE AND SECURING OF UNSAFE STRUCTURE OWNED BY MICHAEL HOLMBERG AND LOCATED AT 39 BELLE AVENUE OPENED SUPERVISOR STEC-Dave do you want to hop up here. This is an unsafe structure situation that Dave shared with the board in a workshop not to long ago. I do have a letter from Dr. Garner our Town Health Officer that also backs up that he believes it is not safe. Does the board have any questions for Dave? COUNCILMAN SANFORD-Yes, I do. I remember this clearly and I support it, but I see in the resolution we don’t have a dollar amount in terms of what the cost will be to do this. DIRECTOR OF BUILDING & CODES, MR. HATIN-That’s correct. COUNCILMAN SANFORD-Is it just because it is not in the resolution or don’t you know at this point. DIRECTOR OF BUILDING & CODES, MR. HATIN-Until I knew which action the board was going to take whether it was to secure the structure or remove the structure it is kind of hard to get prices. COUNCILMAN SANFORD-Okay. DIRECTOR OF BUILDING & CODES, MR. HATIN-I did get an estimate. I had a contractor go there give me just a rough estimate. To remove the structure it was somewhere between twelve and fifteen thousand dollars. COUNCILMAN SANFORD-That’s what I thought it was and I support that I just wanted to make sure it wasn’t something higher than that. COUNCILMAN BREWER-Do you have pictures of this. DIRECTOR OF BUILDING & CODES, MR. HATIN-I don’t have them with me. COUNCILMAN BREWER-I just don’t remember them that’s all. COUNCILMAN SANFORD-I remember that at the workshop. Regular Town Board Meeting October 15, 2007 MTG#45 34 COUNCILMAN BOOR-It does raise an interesting question can we do this without a threshold. SUPERVISOR STEC-It is in his letter right here. ATTORNEY NOORDSY-It depends how you adopt the resolution what sort of guidance you give him. COUNCILMAN BOOR-I guess my only concern would be I certainly believe and understand your characterization, but I would hate to approve this and then find out it is thirty five thousand or something I rather have the fire department do a practice burn on it or something, you know. DIRECTOR OF BUILDING & CODES, MR. HATIN-I don’t think we want to do that given the location of this. If it exceeds fifteen thousand, I can certainly come back to the board. SUPERVISOR STEC-How about this Dave, the board, and Mark. In the first resolved, now therefore be it resolved that the Town Board herby orders I am sorry in the second resolve. If the garbage is not removed and the roof structure not boarded up authorizes and directs the Director of Building Code Enforcement to make necessary arrangements to secure the structure in an amount not to exceed fifteen thousand dollars. DIRECTOR OF BUILDING & CODES, MR. HATIN-I think you might want to change that to demolish. This was originally set up if you just wanted to secure the structure if you want to demolish the structure. SUPERVISOR STEC-To make the necessary arrangements to demolish the structure in an amount not to exceed fifteen thousand dollars. That way if it is going to be more than fifteen thousand you need another Town Board resolution. DIRECTOR OF BUILDING & CODES, MR. HATIN-That’s fine one question for Mark while he is here do we need a Supreme Court Order to carry forth the demolition or can we do this just based on the amendment we just made to Chapter 88? SUPERVISOR STEC-That has to be filed with the Secretary of State it is not effective yet you can’t demolish it yet. DIRECTOR OF BUILDING & CODES, MR. HATIN-I understand that. COUNCILMAN BOOR-The previous one is not effective until it is filed. DIRECTOR OF BUILDING & CODES, MR. HATIN-Okay. I understand that, but by that time frame, I figured I would let thirty days go just in case there are any ramifications. COUNCILMAN BOOR-Will it be more than thirty days to file? ATTORNEY NOORDSY-No. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-Then the question is Dave is saying it is going to take more than thirty days, but the action we are taking is tonight it is like passing… Look, you may track that and thirty days from now, you might want to come back for another resolution. ATTORNEY NOORDSY-I will call you. SUPERVISOR STEC-We can pass it don’t demolish anything without talking to us. DIRECTOR OF BUILDING & CODES, MR. HATIN-That is just a question I want to make sure we get answered before we do anything that’s all. Regular Town Board Meeting October 15, 2007 MTG#45 35 ATTORNEY NOORDSY-Another point Barbara and I were discussing would be to note that it is an emergency situation so that the contract for the demolition would not have to bid out. SUPERVISOR STEC-In that resolve right after the fifteen thousand dollars. COUNCILMAN BOOR-Because this is an emergency situation it is deemed not necessary to go through the bid procedure. ATTORNEY NOORDSY-Correct. DIRECTOR BUILDING & CODES, MR. HATIN-I take three bids either way to make sure we get a fair price on it. ATTORNEY NOORDSY-You can do an RFP process rather than competitive bidding. DIRECTOR BUILDING & CODES, MR. HATIN-Yeah, I will put out certain criteria. SUPERVISOR STEC-Any other questions for Dave or discussion on this so do we have a motion or second on this? RESOLUTION ORDERING REMOVAL OF GARBAGE AND SECURING OF UNSAFE STRUCTURE OWNED BY MICHAEL HOLMBERG AND LOCATED AT 39 BELLE AVENUE, QUEENSBURY RESOLUTION NO. 450, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a single family dwelling on property owned by Michael Holmberg located at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1- 38) following a fire that gutted the attic area of the dwelling, and Mr. Hatin found a large amount of garbage in the basement and stairwell to the basement, the roof structure to be severely damaged leaving the structure wide open to the elements, and the building to generally be in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Holmberg to take appropriate measures to remove the garbage from the property and board up and secure the roof and structure as rd more specifically set forth in the Director’s July 23, 2007 letter to Mr. Holmberg, and WHEREAS, by letter dated September 19, 2007 to the Director, the Town’s Health Officer advised that in his opinion the structure is a health hazard and needs to be removed, and WHEREAS, the Director advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore requested that the Regular Town Board Meeting October 15, 2007 MTG#45 36 Town Board take action if the property owner failed to remove the garbage from the property and board up and secure the roof and structure, and st WHEREAS, on Monday, October 1, 2007, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on Monday, th October 15, 2007 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Michael Holmberg to immediately begin removing the garbage from the property and boarding up and securing the roof and structure located at 39 Belle Avenue in the Town of Queensbury (Tax Map th No.: 303.16-1-38) and complete such work by 5:00 p.m., November 16, 2007, and BE IT FURTHER, RESOLVED, that if the garbage is not removed and the roof and structure not th boarded up and secured by November 16, 2007, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to demolish the structure, such demolition work not to exceed an amount up to $15,000.00, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary. Regular Town Board Meeting October 15, 2007 MTG#45 37 th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, O’BRIEN-Supervisor Report for Community Development and Building and Codes for the month of September on file in the Town Clerks Office. 5.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR - NONE 6.0PRIVILEGE OF THE FLOOR PETER BROTHERS, WARD ONE, QUEENSBURY-Spoke regarding the sales tax resolution asked if the Town Board would be willing to adopt this resolution. COUNCILMAN BOOR-Would not have a problem with it need to understand it has no bearing, no weight. It sends a message that this board would not like to see sales tax raised. COUNCILMAN SANFORD-A referral resolution on important items I am not opposed to. I would like to encourage this board to send a resolution to the County discouraging a five- story fire burn center on the campus of ACC and locate it on an industrial site. That to me is appropriate is giving some guidance to the County letting them know what the opinion of the Town is. When you talk about the issue it is a complicated revenue related issue at the County level not at the Town level does not know all the issues associated with it. Until I am fluent, enough on the topic would not want to jump the gun and make a recommendation to the County on County business. It is not to say that at the end of the day it would not be a good suggestion I am not informed enough to take that action tonight. SUPERVISOR STEC-It is a complicated issue the County has looked at for several months a lot of research a lot of debate does not think the board is prepared to shoot from the hip and do something on it tonight. COUNCILMAN STROUGH-I applaud your courage for taking a stand on this I agree with you I myself would not support an increase in sales tax. COUNCILMAN BREWER-Off the cuff right now I would not support that, but like Richard said if we had, all the information maybe we would be more informed. I don’t know why they would want to I certainly believe they are not going to just do it to do it. Speaking right now, I do not support an increase in sales tax. MR. BROTHERS-Certainly the thought of one of the principal people involved in the County issues in the last few mentioned on the record before is now running for Treasurer obviously the thought of that is really you know a scary thought. The other thing is Darleen Dougher. SUPERVISOR STEC-Your time is up. MR. BROTHERS-You did take up a lot of time. SUPERVISOR STEC-Mr. Brothers your time is up. MR. BROTHERS-Mr. Stec I would like another minute there was a lot of time taken up by Mr. Sanford with the discussion I would appreciate it. SUPERVISOR STEC-Very very briefly Mr. Brothers. Regular Town Board Meeting October 15, 2007 MTG#45 38 MR. BROTHERS-I appreciate the extra time thank you. I think it is necessary to mention also that the Post Star did an editorial about Officials who show their disgust at various issues. I would like to also mention our Clerk, Darleen Dougher certain examples in the past with her trying to sanitize or alter the minutes, which are not being recorded accurately I think that is a very serious issue. I think that should be addressed sooner rather than later there have been plenty of examples of her sanitizing the minutes. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked if Supervisor Stec received the check from the City. SUPERVISOR STEC-No. We understood that they fully intend to do it you are talking about the Connector Road money. They combined that with another spending item there was discussion apparently on the other half of whatever that spending item was. We are working on it I believe they are about to get it together. MR. TUCKER-Spoke regarding his attendance at the meeting for the Crandall Library Budget. Asked Christine McDonald who owned the Crandall Library Building her answer was they signed a lease June 2005 asked if the Town ever received a copy of the lease. SUPERVISOR STEC-I don’t recall it was two years ago. MR. TUCKER-I will check with the Town Clerk. Spoke regarding Resolution 8.7 Authorizing Intermunicipal Agreement questioned what they are doing with this. SUPERVISOR STEC-There is a Meal on Wheels Program that had a person that was being paid for through Office of the Aging at the County. The County lost that funding for this and a couple of other positions there was one up north. Rural Opportunities Incorporated, which is a non profit that kind of places seniors in jobs they asked us in this instance to pick up this person that was basically the funding for them. Meals on Wheels was falling through the cracks they asked us to split the cost of that part time person at minimum wage between the City and the Town. The City and Town talked it over and we said we agree to that. This authorizes that agreement between the City and the Town to get that done just for the length of that person employment it is four or five thousand dollars for the year for the Town. BETTY MONAHAN, SUNNYSIDE-I was very surprised at the last Town Board Meeting to hear the Town Supervisor categorize the situation as serious as what is apparently gone on, on the Macchio property on French Mountain in relation to the Town of Queensbury and DEC and Federal Regulations as a political circus. I decided to forget everything I have heard in this room, everything I have read in the paper, any mails that I have got and see what I could discover. What, I went to was this report by the Lake George Water keeper. I am sure all of you saw a recent article in the Post Star about the work of the Lake George Water keeper and Chris Navitsky a license Engineer. What I found particularly significant in the report was a copy of a letter from DEC dated July 1, 2004 signed by William Lupal, Environmental Engineer addressed to Mr. John Barber, Mr. Frank Macchio, Mr. David Stranahan with a copy to Chris Round in our department of Community Development subject matter was notice of violation French Mountain logging road construction Queensbury, Warren County. In it, Mr. Lupal mentioned that when he went on this inspection he was accompanied by David Hatin and Craig Brown of the Town of Queensbury so the Town obviously has been involved from the very start or the start when DEC first wrote this letter with this matter. In this letter, Mr. Lupal mentions the findings and the portions of the Environmental Conservation Laws sections of Codes, Rules, and Regulation of New York State and the Code of the Federal Regulations that are involved. I am assuming that from our people you probably also received a report of which one of our codes are in violation or in apparent violation. The upshot of it was it said to date an NOI (Notice of Intent) has not been received for the construction of this logging road. Therefore, this construction activity and its associated storm water discharge is not authorized by a SPEEDES Permit to the best of my knowledge that has not been rectified at least there is no record of it here. The pictures that seemed to have been a center of controversy that Roger showed the other night I won’t say they are the same because I didn’t get them and I didn’t ask Roger appear to be the same pictures that show as aerial photographs that were taken in this report so I think the matter of the pictures is much to do about nothing. It seems to me Regular Town Board Meeting October 15, 2007 MTG#45 39 the people that have made this a political matter are the Macchio’s and why they have interfered in the political situation in the Town of Queensbury I don’t know unless they are hoping that a turnover in the Town Board they hope that the suit that the Town has brought will be dropped. If we have members of the Town Board who are willing to overlook violations of our code they better also look at the Oath of Office that they took when they assumed that position. The mention was made about the Attorney and the Attorney’s recommendations. Any Town Counsel that you have a contract with whether or not he was a Town Counsel when this started whether or not he was the Counsel of record in the lawsuit certainly his job is to stop any Town Board member from making a public statement that can jeopardize the suit. The Rules of Procedure are the same whether an Attorney is involved or not. If you are not getting that kind of advice from your Attorney I, would both be surprised and I would wonder why we are having an Attorney that does not perform that obligation with that said that is about all I want to say on the Macchio matter. JOHN STRANAHAN, QUEENSBURY-I have a couple pieces of paper with me tonight here documents we are rejoicing a little bit tonight. I want to set the record straight for quite some time now a couple years there has been dispute as to the ownership of this parcel of property that the Macchio’s are talking about. There is no more dispute I have with me here a court order signed by Judge Krogmann if you folks would like to see this I will bring it up. You will see at the end of that document here it is signed by Judge Krogmann that the ownership of the property is no longer disputed the property belongs to Stranahan Industries it does not belong to Ralph Macchio never did the sale was void as a matter of law. In respect to that, I have got some Town of Queensbury Code I would like a couple answers to. I wonder if guys are familiar with Queensbury Code 94-2, Wetlands. COUNCILMAN BOOR-Yes, but go ahead and continue. MR. STRANAHAN-It says it is declared to be the public policy of the Town of Queensbury to preserve, protect, and conserve freshwater wetlands and the benefits….there from to prevent any defoliation and destruction of freshwater wetlands. To regulate the development of such wetlands noted to secure the natural benefits of the freshwater wetlands consistent with the general welfare and beneficial economic, social, and agricultural development in the Town. I want to know from you guys tonight is where you guys stand on that policy. COUNCILMAN SANFORD-Let me just clarify it was an initiative that I have been working at for sometime. I think the intent is clear just as you read it; however, our Zoning Administrator a while back interrupted that to be restricted to DEC wetlands. First of all, I was never informed of his zoning decision until after I started seeing some projects around Town that I was scratching my head they were obviously being built in a wetland. I challenged this and I was told a while back he did that so we fixed that Chapter 94. Now, it applies to a wetland pretty much whether it is Army Core or DEC, or field delineated, or any other State or Federal Agency involvement in it. Those wetlands on that mountain are probably DEC. MR. STRANAHAN-They are, I am talking about Bear Pond in general it has been there forever. COUNCILMAN BOOR-It applies. COUNCILMAN SANFORD-So my comment would be that in all likelihood because the way ninety four reads is you can’t do any kind of a development, activity, in or within an adjacent area of a wetland, which is within a hundred feet of it. My understanding is based on what I heard at least it is likely that Chapter 94 was not a heard to. MR. STRANAHAN-That’s correct it is kind of obviously actually. COUNCILMAN SANFORD-All right, you asked the question. MR. STRANAHAN-And I am not trying to be sarcastic you guys have seen the photographs it doesn’t leave much to speculation. Ninety four-four, Regulated Activities is any form of draining, dredging, excavation, removal of soil, mud, sand, shell gravel Regular Town Board Meeting October 15, 2007 MTG#45 40 anything basically aggregate from any freshwater wetland either directional or indirectly. Any form of dumping, filling, depositing any soil, stone, sand, gravel, mud, fill of any kind directly or indirectly. I didn’t come here tonight to tell you guys your code this is your job you guys should know that. SUPERVISOR STEC-The code is why we are in the lawsuit that we initiated is because we saw issues in the code that is why we brought action. MR. STRANAHAN-Stay with me here. SUPERVISOR STEC-I’m with you. MR. STRANAHAN-So far we have a lawsuit filed against Mr. Macchio, yes. SUPERVISOR STEC-Yes. MR. STRANAHAN-No enforcement. COUNCILMAN BOOR-That’s correct. MR. STRANAHAN-Why is there no enforcement is what I want to know. The claim is so far is oh well, we didn’t know who owned the property. I don’t understand what difference it makes who owned the property we owned the property we didn’t build the road. We didn’t lay a chainsaw in a tree up there. We didn’t put a shovel in the ground and dig a shovel full of dirt once. What, I want to know is where is the enforcement on the violations on the man responsible for the clear cutting and the butchering of that mountain in Bear Pond and those wetlands and the devastation of those streams. You guys have got code law that you guys wrote that you are suppose to enforce Ninety-four five says he is required to have a permit to do this. We all know that he applied for the permit after he built the road, yes. COUNCILMAN BOOR-Yes. COUNCILMAN BREWER-Yep. MR. STRANAHAN-Stay with me. I’m not done yet. Ninety four fourteen says there will be suspension and revocation of his permits he never had any so I guess we can eliminate that I guess he won’t have to get suspended or revoked. COUNCILMAN BREWER-It was a stop work order, right. MR. STRANAHAN-Ninety four fifteen strictly says there are penalties for these offenses where are the penalties. Council member BOOR-That is correct. SUPERVISOR STEC-That is what is in court. COUNCILMAN BOOR-We are trying John. MR. STRANAHAN-Is that what we are in court for we are in court for penalties don’t we have a Code Enforcement Officer. SUPERVISOR STEC-The Code Enforcement shows up at somebody’s door and says you are in violation of this and they blow him off we go to court I am giving you an example here. Code Enforcement shows up and says you have a problem the guy says whatever I will get to it when I get to it that is what we go to court we go to court to enforce things. You are asking the question where the enforcement is the enforcement is this yearlong lawsuit. MR. STRANAHAN-Let me help you understand where I am coming from. A couple of small code violations that I’ve had with run-ins with the Town of Queensbury over the years Regular Town Board Meeting October 15, 2007 MTG#45 41 that were non compliance issues that we have had to addressed were handled directly between the Town of Queensbury and my myself I didn’t go to court I didn’t get sued. SUPERVISOR STEC-A majority of them are. MR. STRANAHAN-Dave Hatin came in he leveled a fine or he said hey, you got to do this, this, or this, X, Y, and Z. COUNCILMAN BREWER-He can’t levy a fine. MR. STRANAHAN-That’s what we did we took care of it. I didn’t say he did I said… COUNCILMAN BREWER-Dave can tell him he has a fine. COUNCILMAN BOOR-They can go to small claims court. COUNCILMAN BREWER-Right, but Dave can’t levy a fine to anybody the court has to do that. MR. STRANAHAN-What, I am saying is there was an Enforcement Officer that came up and enforced it. COUNCILMAN BOOR-He can cite people and certain citations have specific fines associated with them some have unlimited fines. COUNCILMAN BREWER-I agree Roger, but what he said…. MR. STRANAHAN-What, I am saying I had a Code Enforcement Officer that came up there and badgered and harassed and hounded me repeatedly to no end until we addressed the issue and handled it directly and we handled it directly. I haven’t seen anything happen to Mr. Macchio. COUNCILMAN SANFORD-Let me just take a minute here I think it needs to be clarified. My understanding the sequencing of events is largely at Roger Boor’s insistence when he became aware of what was happening on that mountain. He pursued through the Town to the Towns staff and a stop order was put in place to stop any activity that the Macchio’s were doing up there. Keep in mind exactly as you said they came after the fact for an approval and all of those things that you are referencing are all very valid good points. What they basically decided to do was walk away from it and say, well okay if you are not going to give us an approval after the fact see you later. It became apparent to some that this was unacceptable because that would not give us the kind of remedy that we thought was appropriate, which is repairing that damage and trying to restore the mountain. As a result of that, Roger Boor with support of some of the board members here engaged counsel to commence the lawsuit for enforceability that is really, what is happening here. The reason why that hasn’t happened in the time line that is acceptable is because your lawsuit needed to be resolved as a condition prior to this, which has now happened. Apparently, what I understand is the transfer of land was not done in a lawful manner. MR. STRANAHAN-Correct. COUNCILMAN SANFORD-Next step is we are going to now be obviously moving forward with trying to attempt for remedy for the destruction of that mountain. MR. STRANAHAN-Now we will get to the reason why I am here. COUNCILMAN BOOR-And the responsible party for the destruction not necessarily the landowner it is a very valid point. MR. STRANAHAN-That’s why I am here I want to set the record straight tonight where there is no more question as to whom the owner is to the property. If we are waiting on the litigation. Regular Town Board Meeting October 15, 2007 MTG#45 42 SUPERVISOR STEC-We are. MR. STRANAHAN-And the lawsuit… SUPERVISOR STEC-We are. MR. STRANAHAN-To find out whom the owner is we all know who the owner is. My question is why are we waiting to find out who the owner is the one responsible should be the one who built the road. COUNCILMAN BOOR-I called our Attorney two weeks ago and said enough is enough I want this thing moving forward. He told me he was going to call Judge Krogmann and he was going to schedule this thing. I can’t say that’s why the determination came down for you. I don’t know how the courts work I am not going to guess on what occurred, but I made it very clear that with the possible turnover of this board I wanted this lawsuit. What the public doesn’t understand is we have yet to give any kind of testimony there has been no discovery so the notion that he has spent a lot of money on this is somewhat unfounded. MR. STRANAHAN-It is ludicrous. COUNCILMAN BOOR-We haven’t even given deposition yet. I haven’t gone before the court and given a deposition nobody here has. I wanted to make sure that should this board turn over that the lawsuit was intact because you deserve to have your property restored to the way it was. Properties that you don’t own that were violated I believe should also be restored to the way they were. MR. STRANAHAN-Keep in mind we are party to the Towns lawsuit. SUPERVISOR STEC-Yes, you are. MR. STRANAHAN-You are suing me just as well as my brother just as well as you are Macchio because of the uncertainty of the ownership of the property. My question is we know who the owner of the property is now that’s not a question any more. What my question is who is the Town of Queensbury is saying the responsible party to the road we didn’t build that road even though we owned the property. COUNCILMAN BOOR-We are going to have the court make that determination. When the court makes that determination we will do exactly what we told you we would do in the first settlement hearing when Mr. Macchio said, I will see you in court and you guys said we have no problem agreeing to what you want. It comes down to who did the violating who did the construction of the road. When that is shown to be X Y or Z, which ever party it falls on will be responsible to remedy. MR. STRANAHAN-Last time I was here and spoke I believe it was a couple of weeks ago. SUPERVISOR STEC-Mr. Stranahan let me interrupt for a second. I am not sure if you caught me at the beginning of this. Five-minute limit and the bell went off over five minutes ago. We got other business tonight do you have a thirty second wrap up because I am not interested in litigating here. You just pointed out we are engaged in a lawsuit. MR. STRANAHAN-Hey, I am not here to litigate. SUPERVISOR STEC-I am asking you politely to move it along wrap it up please. MR. STRANAHAN-I am here to ask questions that should be asked this Town a long time ago. I have a right to speak I don’t care if I have to come here every single week and use my five minutes. SUPERVISOR STEC-You can, but like I said, you are on ten minutes already. SKIP STRANAHAN, BAY ROAD-I would like to say we would be looking forward to working with the Town Board. We will be looking forward to providing the fire pump site Regular Town Board Meeting October 15, 2007 MTG#45 43 that they wanted. We will be looking forward to cleaning up all the tires that are on the property this would be our pleasure to get on with this thing as rapidly as possible. You probably won’t like my comment here, but I think Mr. Boor is a standup man. I think he is honest, I think the story he told was true, and I think he had to have some big….to get up there and buck these people and he done his job. I think everybody here said the other day they were on board I would be very happy with that. If everybody would just tell me, they are on board that’s where I am at. We have been a party to this action, but we also have been people that have been here that would love to work with Town and live in this Town forever. We would like to raise another couple generations here my grandmother was born here 1885. We have been paying taxes ever since then on real estate not on just woodlots, but on houses and homes. We would like to work with you to make this a better Town a better Community. SUPERVISOR STEC-We look forward to that Mr. Stranahan. MR. STRANAHAN-The firefighters are my heroes we should give the best equipment we can. SUPERVISOR STEC-You and I have been talking about that dry hydrant I am looking forward to doing that with you as I know you are. MR. STRANAHAN-We like to be looking forward to doing that with you we appreciate what you have done for us we like to make another twenty years here if we can. DOUG AUER, QUEENSBURY-Spoke to the board regarding an article in the Post Star regarding compensation paid to elected officials. Thinks that what they need here in order to get serious about what we are seeing is at least for the council members to give up their wage and benefit package. PAUL SCHONEWOLF, 239 ASSEMBLY POINT ROAD-Thanked Mr. Stranahan for mentioning the dry hydrant. Spoke to the board regarding whether council members should be paid he has served for the time and effort put in you should be paid. Spoke regarding his concern for Councilman Boor’s thirty-minute infomercial that it may have compromised the lawsuit. Asked if a foil was filed in the Town Clerks Office regarding Councilman Boor’s presentation at a previous Town Board Meeting. ATTORNEY NOORDSY-It is his understanding the Town Clerk sent out a letter within the five-day period advising that the information is being complied. At the same time received a phone call from an Attorney who informed me that the Town Insurance Company had retained him to respond to that matter who is working on compiling that information. MR. SCHONEWOLF-The information has not been supplied. COUNCILMAN BOOR-Asked Counsel to explain how it works. ATTORNEY NOORDSY-You have five days to reply. Then you have a reasonable time, which is twenty days from the giving of that notice. MR. SCHONEWOLF-Asked Councilman Boor if the information is available. COUNCILMAN BOOR-The information was from other Attorney’s and that has to be collected from the Attorney’s this is what will be done. 7.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Reported that the issue with Glens Falls their dump on Sherman Avenue has been resolved they awarded the contract last Tuesday night. Spoke with the person who was awarded the contract he will be starting this week to separate it, clean it up, and make a spot not for residents, but the Town will be able to dump there as well as the City. Regular Town Board Meeting October 15, 2007 MTG#45 44 COUNCILMAN STROUGH ? Spoke regarding the Aviation Road Corridor Study Update. At the point that we have a comprehensive set of remedies that will improve this, corridors traffic safety and flow. Made a personal visit in September to about seven hundred and fifty homes along Aviation Road to make sure Ward 3 residents were aware of the public hearing portion of the ongoing study of the Aviation Road Corridor. Most recently, he was informed by the Adirondack Glens Falls Transportation Council they could pursue a conceptual remedy for the Aviation Road, Dixon Road, Farr Lane intersection if he could obtain a consensus from the Town Board to do so. As of last Wednesday obtained a consensus of this board to give the go ahead and pursue a potential remedy for the Aviation Road, Dixon Road, Farr Lane intersection. ? Spoke regarding Community Planning. It is extremely important that you get community planning done right the first time. Community Planning is one of the greatest importance because it directly impacts your home value, tax load, quality of life, your Town, neighborhood, traffic, hydrological impacts, noise impacts, lighting impacts, parking, permeability, aesthetics. Many other considerations must be taken into account in a cumulative and comprehensive manner to achieve the best land use practices we have to be proactive and persistent in updating our code. The land uses we currently allow are not the most advance best management practice if not adopted soon we could see further decline of the quality of our local water bodies noting this is why he called together a round table discussion last week. ? Spoke regarding the Cable Television Franchise Agreement and the changes that will be in effect as of February 17, 2009. ? Spoke regarding a list of ongoing issues that need resolution. 1. Community Development personal replacements. 2. Finish final details of the Comprehensive Land Use Plan Part B. 3. Fire & EMS Budgets 4. Upland land use regulations yet to develop 5. Update and rewrite our Main Street Commercial Zone Professional Office Zone 6. Finish new Zoning Code 7. Main Street Redevelopment and Infrastructure and Utility issues 8. French Mountain Deforestation and Stormwater issues. 9. Adopt….that would work preserving our heritage and historical sites. 10. Need to get Ethics Board back up and running. COUNCILMAN SANFORD ? Spoke regarding Health Insurance. In July of 2006, the Town Board began a number of discussions regarding the high cost of the Towns Health Insurance. As an outcome of one of those discussions, the commission on the health insurance was significantly reduced to a 1.25 percent of premium level. Is pleased to report just received word that our agent has agreed to the same commission rate of one and a quarter percent for 2008. Spoke regarding New York State Insurance Law 4224 Subsection C. I know we are in a Union Agreement need to address the retiree coverage and explore ways in which the Medicare supplements that are now readily available in the market place can be utilized. Spoke regarding the th, Town receiving a notice dated October 10that the New York State Office of the Controller will be conducting and audit of the Town to determine whether the Town has explored alterative options to reduce employee health insurance costs. Urge Town Board members to be proactive and to address this important issue noting he wants the Town employees to have high quality cost effective health care, but we have to find ways to bring down it to the norm. Regular Town Board Meeting October 15, 2007 MTG#45 45 ? Spoke regarding the Meet the Candidates Night on October 25, 2007 at ACC noting he was concerned to hear that it may not be televised will contact the League of Women Voters. COUNCILMAN BOOR ? Spoke regarding an application that was submitted for the Ethics Board asked why they have not appointed this person recommended interviewing him if appropriate to appoint him. ? Spoke regarding the non-for profits that they are doing this a little bit different this year noting he would like to not do them differently. Spoke regarding PALS Lake Sunnyside Association noting they are willing to put up $12,000 of their own money if the Town will match it with that $24,000 there is available another $24,000 from the State, which is $48,000. Will push strongly that $12,000 be a number that is put into the budget and not the five hundred that you have allotted for them noted he would like this written in the preliminary budget. SUPERVISOR STEC ? We did up the grand total amount there is enough to cover $12,000 has no problem supporting $12,000 for Sunnyside. ? Spoke regarding openings in the Town one opening for Planning Board Alternate if not two. We have four opening for the Ethics Board noting they are always taking application will keep them on file. ? Towns website www.queensbury.net ? Thanked Glens Falls National Bank and TV 8 for televising the Town Board Meetings. ? Spoke regarding the public hearing to be held regarding the Budget on November 5, 2007. Pleased to say that this Town Board has continued on keeping a control on Town spending. The general fund will not have a Town tax it will be the seventh year in a row. The appropriations in the general fund are similar to what it did last year it is up four percent. Wastewater and Water are both down double digits percents. Grand total of appropriations on the twenty five million dollar Town Budget actually it is a little under twenty five million the difference from 2007 to 2008 is four tenths of a percent increase. 8.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY’S 2008 PRELIMINARY BUDGET RESOLUTION NO.: 451, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2008, and Regular Town Board Meeting October 15, 2007 MTG#45 46 WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2008, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2008 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Monday, th November 5, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town’s Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2008 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2008 has been filed in the Queensbury Town Clerk’s Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a th public hearing on Monday, November 5, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. Regular Town Board Meeting October 15, 2007 MTG#45 47 AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2008 are as follows: TOWN SUPERVISOR $65,001. TOWN COUNCILPERSON (4) $16,794. TOWN CLERK $62,326. TOWN HIGHWAY SUPERINTENDENT $63,000. TOWN JUSTICES (2) $40,306. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR ABOVE-GROUND GASOLINE FUEL SYSTEM AT TOWN WATER DEPARTMENT RESOLUTION NO.: 452, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for an above-ground gasoline fuel system, as will be more clearly specified in bid specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for an above-ground gasoline field system in the official newspaper for the Town of Queensbury, and BE IT FURTHER, Regular Town Board Meeting October 15, 2007 MTG#45 48 RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this day of October 15, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR RANDY BALL RESOLUTION NO.: 453, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Randy Ball, an employee in the Town of Queensbury Water Department, exhausted all paid leave available to him as well as unpaid leave time th relative to the Family Medical Leave Act (FMLA) as of June 9, 2007, and WHEREAS, Mr. Ball requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and submitted medical documentation supporting a need for medical leave , and WHEREAS, by Resolution No.: 319.2007, the Town Board granted Mr. Ball an th unpaid medical leave extending through the earlier of September 9, 2007 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and th WHEREAS, by letter dated September 27, 2007, Mr. Ball has requested an extension of his unpaid medical leave until such time as his disability retirement becomes effective, and WHEREAS, the Town’s Water Superintendent has recommended that the Town Board grant such extension, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Ball’s request and the Water Superintendent’s recommendation, Regular Town Board Meeting October 15, 2007 MTG#45 49 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an extension of Randy Ball’s unpaid medical leave of absence extending through the earlier of: th 1.November 26, 2007; or 2.notification of Mr. Ball’s disability retirement from the New York State Retirement System; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Fiscal Manager to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING UNPAID MEDICAL LEAVE OF ABSENCE FOR GARY POST RESOLUTION NO.: 454, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Gary Post, an employee in the Town of Queensbury Building and Grounds Department, is recovering from a serious illness and has exhausted all paid leave Regular Town Board Meeting October 15, 2007 MTG#45 50 available to him, as well as unpaid leave time relative to the Family Medical Leave Act th (FMLA), as of November 4, 2007, and WHEREAS, Mr. Post has requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Mr. Post has submitted medical documentation supporting a need for medical leave , and WHEREAS, the Town’s Facilities Manager has recommended that the Town th Board grant Mr. Post such unpaid medical leave with an effective date of November 5, 2007 extending through the earlier of: th 1.May 5, 2008, with the opportunity to extend such leave at 90 day increments; or 2.Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Post’s request and the recommendation of the Facilities Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an th unpaid medical leave of absence to Gary Post with an effective date of November 5, 2007 extending through the earlier of: th 1.May 5, 2008, with the opportunity to extend such leave at 90 day increments; or 2.Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and BE IT FURTHER, RESOLVED, that Mr. Post shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in Regular Town Board Meeting October 15, 2007 MTG#45 51 th writing by April 5, 2008 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional th unpaid leave beyond May 5, 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Fiscal Manager to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 455, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Fiscal Manager has advised the Town Board that the Town is eligible to apply for reimbursement funds from the New York State Office of Children & Family Services (NYS OCFS) relating to the support of the Warren County Youth Court, and WHEREAS, the Town Fiscal Manager has requested Town Board authorization to prepare a fund application in the amount of $5,000 or 33% of the total amount of support proposed for the Warren County Youth Court in 2008, NOW, THEREFORE, BE IT Regular Town Board Meeting October 15, 2007 MTG#45 52 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Fiscal Manager to prepare the application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services and further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF CHEVROLET EQUINOX AWD VEHICLE FOR USE BY TOWN WASTEWATER DEPARTMENT RESOLUTION NO.: 456, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Wastewater Director has advised the Town Board that the Wastewater Department wishes to replace an existing 1998 Jeep by purchasing one (1) 2008 Chevrolet Equinox AWD for use by the Town Wastewater Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and moneys for such proposed purchase are within the 2007 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62877, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Wastewater Director’s purchase of one (1) 2008 Chevrolet Equinox AWD from Hoselton Chevrolet , Inc., of East Rochester, New York in accordance with New York State Contract #PC62877 for the estimated amount of $20,078.94 to be paid for from Account No.: 032-8120-2020, and BE IT FURTHER, Regular Town Board Meeting October 15, 2007 MTG#45 53 RESOLVED, that the Town Board authorizes and directs the Town Fiscal Manager to take all action necessary to transfer up to $20,500, which sum shall include all shipping fees and accessories, with the final transfer amount to be determined by the Wastewater Director upon receipt of the final quote from Hoselton Chevrolet, from Account No.: 032-8120-2899 to Account No.: 032-8120-2020 and amend the 2007 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN CITY OF GLENS FALLS AND TOWN OF QUEENSBURY FOR EMPLOYMENT OF ROSEMARY SILLERO RESOLUTION NO.: 457, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Rosemary Sillero is a food preparation worker for the Meals on Wheels Program, a program operated and administered by the Warren/Hamilton Counties Office of the Aging, and WHEREAS, the Meals on Wheels Program lost some of its funding and can no longer maintain the employment of Ms. Sillero, and WHEREAS, a representative of Rural Opportunities, Inc. requested that the Town of Queensbury (the “Town”) and the City of Glens Falls (the “City”) each contribute a fifty-percent (50%) share of the costs to maintain Ms. Sillero’s employment in the Meals on Wheels Program, and Regular Town Board Meeting October 15, 2007 MTG#45 54 WHEREAS, the Town and the City have mutually agreed that such an arrangement is acceptable and have further agreed that Ms. Sillero shall become a part- time employee of the Town, and WHEREAS, an Intermunicipal Agreement detailing the terms of the payment of salary and costs associated with Ms. Sillero’s employment has been prepared and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that: 1. The Town of Queensbury hereby approves of the Intermunicipal Agreement, with the City detailing the salary and costs associated with Ms. Sillero. 2. The Town Board hereby authorizes the Town Supervisor to execute any and all necessary documents to effectuate this Resolution, including the Intermunicipal Agreement substantially in the form presented at this meeting, and the Town Supervisor and Town Fiscal Manager to take any actions necessary to effectuate the terms of the Intermunicipal Agreement. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 458, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised the Town Board that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a fund application in the amount of $9,000, the total amount of recreation funds the Town proposes Regular Town Board Meeting October 15, 2007 MTG#45 55 to expend in 2008 for the administration, supervision, and operation of its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $8,424 based on eligibility criteria as it relates to the Town’s youth population, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Director of Parks and Recreation to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor and/or Parks and Recreation Director to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF YOUNG, SOMMER…LLC TO PROVIDE LEGAL ADVICE AND ASSISTANCE TO TOWN PLANNING BOARD REGARDING PLANNING BOARD’S REVIEW OF PROPOSED “IRISH BAY” SUBDIVISION PROJECT RESOLUTION NO.: 459, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to engage the legal services of Young, Sommer…LLC in connection with the Queensbury Planning Board’s review and consideration of the proposed “Irish Bay” subdivision project, such services to be provided at the rate of up to $165 per hour plus disbursements for such expenses as photocopies, express mail and travel expenses, as more further set forth in Young, Sommer’s September th 28, 2007 letter proposal submitted at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Young, Sommer…LLC in connection with the Queensbury Planning Board’s review and consideration of the proposed “Irish Bay” subdivision project, such services to be provided at the rate of up to $165 per hour plus disbursements for such expenses as photocopies, express mail and travel expenses, as more further set forth in Young, Sommer’s September th 28, 2007 letter proposal submitted at this meeting, and Regular Town Board Meeting October 15, 2007 MTG#45 56 BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for these services shall be paid for from accounts to be determined by the Town’s Fiscal Manager and the Town Board authorizes and directs the Town Fiscal Manager and/or Accountant to make any needed budget transfers or amendments to the 2007 Town Budget to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Letter of Engagement and/or any other needed documentation and the Town Supervisor, Town Counsel and/or Town Fiscal Manager to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING HIRING OF MARK BENWARE AS FULL-TIME LABORER FOR CEMETERY DEPARTMENT RESOLUTION NO. 460, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery Commission have advised the Town Board that there is a vacant full-time Laborer position in the Cemetery Department, and WHEREAS, the Cemetery Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended the hiring of Mark Benware, and WHEREAS, Mr. Benware currently works for the Highway Department as a Temporary Laborer and the Highway Superintendent is willing to release him from his Highway Department duties to assume the full-time Laborer position, Regular Town Board Meeting October 15, 2007 MTG#45 57 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Cemetery Superintendent to hire Mark Benware as a full-time Laborer effective on or about th October 15, 2007 contingent upon Mr. Benware passing a pre-employment physical and subject to an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Benware be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent, Highway Superintendent and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF HELEN OTTE FOR CONSULTANT SERVICES RELATED TO REAL PROPERTY TAX LAW ARTICLE 7 ASSESSMENT PROCEEDINGS AND RELATED ARTICLE 78 PROCEEDING RESOLUTION NO.:461, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec , WHEREAS certain Real Property Tax Law Article 7 Assessment proceedings and a certain, related Article 78 proceeding have been commenced against the Town of Queensbury, and Regular Town Board Meeting October 15, 2007 MTG#45 58 WHEREAS, Helen Otte, former Town of Queensbury Assessor, is uniquely qualified to provide consulting services regarding such matters, and , WHEREAS Town Counsel, FitzGerald Morris Baker Firth, P.C., and Matthew Dorsey, the Town’s Special Counsel in connection with certain Real Property Tax Law Article 7 proceedings and an Article 78 proceeding, have recommended that the Town Board engage the services of Ms. Otte to assist the Town with the defense of such matters and they estimate that they will need approximately 30 hours of Ms. Otte’s time, and WHEREAS, Ms. Otte has offered to provide consulting services to the Town for the amount of $125 per hour, NOW, THEREFORE, BE IT , RESOLVED that the Queensbury Town Board hereby authorizes engagement of Helen Otte to assist the Town in the defense of certain Real Property Tax Law Article 7 Assessment proceedings and a related Article 78 proceeding, with Ms. Otte’s fees for such services to be $125 per hour for approximately 30 hours with a total fee not to exceed $3,750 without further Town Board approval, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for these services shall be paid for from accounts to be determined by the Town’s Fiscal Manager and the Town Board authorizes and directs the Town Fiscal Manager to make any needed budget transfers or amendments to the 2007 Town Budget to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, the Town Assessor’s Office, Town Fiscal Manager, Town Counsel and/or the Town’s Special Counsel to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – Regular Town Board Meeting October 15, 2007 MTG#45 59 th WARRANT OF OCTOBER 15, 2007 RESOLUTION NO.: 462, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of October 11, 2007 and a payment date of th October 16, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of October 11, 2007 and payment date of October 16, 2007 totaling $335,381.01, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of October, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None 8.0ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR – NONE 9.0EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 463, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss a letter from our Town Attorney relating to their current contract. th Duly adopted this 15 day of October, 2007 by the following vote: Regular Town Board Meeting October 15, 2007 MTG#45 60 Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 464, 2007 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 from Executive Session and moves back into Regular Session no action taken. th Duly adopted this 15 day of October, 2007, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough Noes: None Absent:None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 465, 2007 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 Regular Town Board Meeting. th Duly adopted this 15 day of October, 2007, by the following vote: Ayes: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer Noes: None Absent:None On motion, the meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury