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2004-05-17 MTG22 Regular Town Board Meeting, 05-17-2004, Mtg #22 681 REGULAR TOWN BOARD MEETING Mtg #22 TH MAY 17, 2004 BOH Res. #11-12 7:08 P.M. Res. #265-282 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Ralph VanDusen, Water/Wastewater Superintendent Chris Round, Executive Director of Community Development George Hilton, Planner/GIS Specialist David Hatin, Director of Building & Codes Harry Hansen, Director of Parks & Recreation Jennifer Switzer, Budget Officer PRESS: Glens Falls Post Star SUPERVISOR STEC called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 265, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. th Duly adopted this 17 day of May, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH 7:09 P.M. MR. DAVID HATIN, Director of Building & Codes (submitted pictures to the Town Board)-Back th on March 15, I received a complaint regarding several properties on Howard Street and proceeded to do an inspection of the street and notified seven property owners of violations. Mr. Perkins was one of those properties, whose property was probably the worst out of the seven. The other property owners have complied or are almost in compliance. Mr. Perkins however, has cleaned up the property but still has not complied with the law and the pictures you see before you are an Regular Town Board Meeting, 05-17-2004, Mtg #22 682 th improvement over what was there March 15 but in no way come close to being cleaned up. Mr. Perkins felt that I have not given him enough time to take care of the problem. We were in court last week, the Judge has set it down for trial which will put it off until June. At that point in time, I decided that if we were going to wait until June, I need to take a Board of Health action and basically have the Board authorize me to clean up the property at Mr. Perkins expense and we will try to pursue those court costs or excuse me, the cost to clean up in court and make that a part of the conditions of the court settlement. COUNCILMAN BREWER-When would you clean it up, Dave? MR. HATIN, Director of Building & Codes-As soon as you give me permission, I believe you can under the law and maybe Bob can speak to this better. Authorize me as of tonight to clean it up or you can wait and set a hearing which will be in June again which will let this garbage sit there for another two to three weeks. COUNCILMAN BREWER-Well, I’d prefer not to wait but when would you do it if we gave you the authorization tonight? MR.HATIN, Director of Building & Codes-I will contact the person who usually does this type of cleanup tomorrow which would be Troy Bapp and see if he’s available. COUNCILMAN BOOR-Did he take advantage of the free tire disposal day? MR. HATIN, Director of Building & Codes-Apparently not. th COUNCILMAN BOOR-I mean, that was March 15 though and I’m just wondering if. th MR. HATIN, Director of Building & Codes-Right. He’s been made aware that since March 15 in a letter, a court action, failed to show up for his first court appearance, was told by the Judge to appear the second time and did appear last week and it was set down for trial. COUNCILMAN STROUGH-He’s not living there, is he Dave? MR. HATIN, Director of Building & Codes-Yes, he and his family live there. COUNCILMAN STROUGH-Somebody is living there right now? MR. HATIN, Director of Building & Codes-Yes. They live there daily and contribute to the garbage daily. COUNCILMAN STROUGH-I drove by yesterday. SUPERVISOR STEC-Now, Dave, the resolution before us does say that, it has a resolved in it that th we would conduct a hearing on June 7. MR. HATIN, Director of Building & Codes-Right and that’s what I was going to ask Bob as well as Town Board if you’d, I believe you can under emergency provision authorize me to clean it up tonight or within three days. TOWN COUNSEL HAFNER-If the Town Board finds that it is a sufficient health issue that it takes immediate action then the Town Board acting as a public Board of Health can act to require immediate cleanup. We often first have, you know give them a chance to be heard and have a public hearing but it’s how much of a health hazard you as the Town Board deem this property to be. I haven’t seen the pictures and I had thought this was what Dave was asking for and I didn’t hear the comments before. But if you think it’s serious enough, you definitely can act tonight. SUPERVISOR STEC-Speaking for myself, apparently Dave by letter two months ago yesterday has given notice that it needed to be cleaned up and according to those pictures and I think in my opinion, two months is plenty of time and those pictures are a little disturbing to me. TOWN COUNSEL HAFNER-And there are people living there. Regular Town Board Meeting, 05-17-2004, Mtg #22 683 SUPERVISOR STEC-Yes. TOWN COUNSEL HAFNER-That is another concern for you. MR.HATIN, Director of Building & Codes-Also in your resolution is a letter from Dr. Evans who, I don’t know his status as far as the Health Officer but I went and saw him as a past Health Officer and he said he would write it and visit the property. SUPERVISOR STEC-Yes and I’m happy that he did and actually though, later this evening we’ll be considering a resolution appointing Dr. Garner to be the Town’s Health Officer but I had talked with Dr. Evans and I knew that he was still kind of answering the mail in that regard for us. COUNCILMAN STROUGH-So, Dr. Evans was acting as the Health Officer until tonight, okay. COUNCILMAN BREWER-Well, I would make a motion that we have Dave clean it up within the next three days. SUPERVISOR STEC-So, Bob can you, the motion by Mr. Brewer, any second? COUNCILMAN STROUGH-I’ll second the motion. SUPERVISOR STEC-Second by Councilman Strough. Could you propose how we were going to change that resolution, though Bob? TOWN COUNSEL HAFNER proposed the following amended resolution: RESOLUTION DECLARING HEALTH HAZARD AND ORDERING CLEAN UP OF PROPERTY OWNED BY ALAN PERKINS AND LOCATED AT 52 HOWARD STREET (TAX MAP NO.: 301.20-1-32.2) BOARD OF HEALTH RESOLUTION NO.: 11, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town’s Local Board of Health that he has received a complaint about a large amount of miscellaneous household debris and household garbage in uncovered containers on property owned by Alan Perkins located at 52 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-32.2), and WHEREAS, the Director has investigated and inspected the property and has advised that there is a large amount of miscellaneous household debris and household garbage in uncovered containers on property and therefore, in his opinion, there are violations of the Town’s Garbage and Junkyard Ordinances, the property constitutes a health hazard and nuisance to the neighborhood and is unsafe to the general public and therefore the Director strongly recommends that the Board of Health take action if the property owners fail to clean-up the property as more specifically set forth th in the Director’s letter dated March 16, 2004, and Regular Town Board Meeting, 05-17-2004, Mtg #22 684 WHEREAS, Robert L. Evans, D.O., serving as the Town’s Public Health Officer, has th advised the Town by letter dated May 10, 2004 that in his opinion the property constitutes a public health nuisance and therefore has recommended that the property be cleaned up and the garbage and debris removed immediately, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Alan Perkins bearing Tax Map No.: 301.20-1-32.2 and located at 52 Howard Street, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore the garbage, junk and debris should be removed from the property, and BE IT FURTHER, RESOLVED, that the property owner shall immediately commence cleaning-up the property, and BE IT FURTHER, RESOLVED, that if the property owner does not clean up the property within three (3) days of the date of this Resolution, the Town Board, since it deems the property a sufficient health hazard, authorizes and directs David Hatin, Director of Building and Codes Enforcement, to arrange for the clean up of the property and add such clean up costs to any costs associated with Court cases related to the property owner which are currently pending in Queensbury Town Court, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the New York Public Health Law. th Duly adopted this 17 day of May, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None DISCUSSION BEFORE VOTE: COUNCILMAN BOOR-What is the maximum where we can, I mean, is it the actual cost to us? Regular Town Board Meeting, 05-17-2004, Mtg #22 685 TOWN COUNSEL HAFNER-It would be the cost to us plus whatever penalty the court deemed appropriate. The Court has discretion and the Court, you know, it depends on facts and circumstances, the Court may say, you know, you did it; it’s your cost. They may say, you should have cleaned it up, you were given enough notice, you didn’t do it, you know, you’re going to pay the Town back. I can’t predict what the Judge will say. COUNCILMAN BREWER-So can we, can the time be, we give them until Wednesday five o’clock, if he hasn’t got it cleaned up by Wednesday at five, we go there Thursday morning and clean it up. TOWN COUNSEL HAFNER-We just said three days. COUNCILMAN BOOR-Three days. TOWN COUNSEL HAFNER-So that would be Friday, I would think. Yea, I think you do got to, I mean, I think it’s, to increase your chances of being able to get a Court to say that you should get paid back for the costs, you’ve got to give them a reasonable time. This is still a relatively short period but you’ve deemed, you’re considering deeming it a sufficient health issue. Particularly, people living there that you want that garbage cleaned up so that it doesn’t hurt the people that COUNCILMAN BREWER-It kind of flies in the face of what we’re saying though Bob, in my mind. If it’s a health hazard, we’re saying, okay, you can stay there three more days and then clean it up, essentially. SUPERVISOR STEC-Well, we’re TOWN COUNSEL HAFNER-You guys have discretion, if you want to increase the chance that you can assess the costs against the property owner, you need to give more time and more due process. If you want to have immediate action, you could have immediate action but you’ll be less likely to get the costs back. COUNCILMAN BOOR-It also increases the chance of him actually doing the work and us not having to do it. COUNCILMAN BREWER-… Is it about the money or is it about the hazard, I guess that’s what it boils down to. COUNCILMAN BOOR-I think it gives him a greater opportunity to do it himself. SUPERVISOR STEC-If it was thirty days I’d agree with you but three days. TOWN COUNSEL HAFNER-Three days is a short period and it gives him time to act. SUPERVISOR STEC-It gives him a chance, another chance. MR. HATIN, Director of Building & Codes-Given the time frame, I don’t think three days is going to make a difference. SUPERVISOR STEC-I don’t either, myself. MR. HATIN, Director of Building & Codes-I thought the Court Action would have taken care of it but it didn’t. TOWN COUNSEL HAFNER-But that’s what he’s asking for, three days and then clean it up. MR. HATIN, Director of Building & Codes-Yes, I think, that’s what we’ve typically done. COUNCILMAN BREWER-Okay, three days, that’s fine. SUPERVISOR STEC-Are you comfortable with it as amended? Regular Town Board Meeting, 05-17-2004, Mtg #22 686 COUNCILMAN BREWER-Yes. SUPERVISOR STEC-John? COUNCILMAN STROUGH-Yes. SUPERVISOR STEC-Okay, both Councilman Brewer and Councilman Strough are comfortable with the amended resolution. Any other discussion? COUNCILMAN TURNER-Three days? SUPERVISOR STEC-Three days so that will give him until Friday morning. MR. HATIN, Director of Building & Codes-Yes, I’ll start the works to have it ready to hopefully go Friday morning, have somebody in line if it’s not cleaned up. SUPERVISOR STEC-Anything else Dave? MR. HATIN, Director of Building & Codes-That’s it. SUPERVISOR STEC-Further questions for Dave or discussion from the Board? Vote taken. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 12, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 17 day of May, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING – Elissa Duross’ Application For Revocable Permit To Locate Mobile Home Outside Of Mobile Home Court NOTICE SHOWN 7:18 P.M. SUPERVISOR STEC-This is a public hearing regarding locating a Mobile Home outside of a Mobile Home Court and I see that our Community Development Director is here and this is a replacement, I believe, Chris is that correct? MR. CHRIS ROUND, Executive Director-That’s right. It’s a replacement of an existing home, its outside of a Mobile Home Park so the Town Board under the current law has the permitting authority and you conduct a public hearing and you have somebody here to speak to you. SUPERVISOR STEC-And I believe, Ms. Duross. MS. ELISSA DUROSS-Hi. Regular Town Board Meeting, 05-17-2004, Mtg #22 687 SUPERVISOR STEC-Good evening, how are you doing? MS. DUROSS-Good. SUPERVISOR STEC-If you would, just state your name for the record and then if there’s anything that you want to point out to the Board. This is generally a pretty easy decision for us but you’re certainly welcome to address the Board. MS. DUROSS-Okay, my name is Elissa Duross and I live at 27 Pinello Road. SUPERVISOR STEC-Alright and this is in fact a one for one replacement, you’re going to replace your existing Mobile Home with another one. MS. DUROSS-A brand new one. SUPERVISOR STEC-A brand new. MS. DUROSS-Yea, the one I have there is thirty years old, it needs a lot of repairs. SUPERVISOR STEC-Alright, Board Members any questions for the applicant? COUNCILMAN STROUGH-No, I drove by yesterday and a new Mobile Home is a, it looks like it’s all in order. MS. DUROSS-Yea, we’re just tearing that one apart a little head of time so we won’t be behind schedule. SUPERVISOR STEC-Alright. MS. DUROSS-I only have one question. The Mobile Home I have there I need to get stuff out of it, can I have a little time to? SUPERVISOR STEC-Yea, I’m not sure that’s really before us, as far as, what are you talking? MS. DUROSS-Well, for one thing the guy that is going to buy it, well, he’s not really buying it, he’s just going to take it and junk it because they don’t buy them anymore, it’s too old and there’s, the only thing I want is my stuff out of it. But it’s just the idea of him coming and getting it, he said it could possibly take him thirty days or ninety days to come and get it. SUPERVISOR STEC-I don’t think that, Dave is there any issue with that, I wasn’t really anticipating that question? MR.HATIN, Director of Building & Codes-I think under the Mobile Home Ordinance, you have the authority to grant temporary permission for the second one until it’s removed. COUNCILMAN BREWER-Oh, you mean you want to leave the one that’s there existing until SUPERVISOR STEC-Second one on the site until the new one is on the site. MS. DUROSS-Yea, pull it off to one side, yea. SUPERVISOR STEC-Bob, could we include that? TOWN COUNSEL HAFNER-Oh, okay, I thought, I misunderstood, I thought you were just asking for a delay before you put the new one on. MS. DUROSS-Oh, no. SUPERVISOR STEC-No, there will be two, the new one will be on as well as the old one while you take stuff out of the old one and then Regular Town Board Meeting, 05-17-2004, Mtg #22 688 MS. DUROSS-The new one will go into place of where the old one is, the old one will be pulled off to the side. SUPERVISOR STEC-Okay. MS. DUROSS-And, you know, then it will be taken off the property and nobody will live in it or anything like that. SUPERVISOR STEC-Right and then, you’re saying that the contractor said it might be thirty to ninety days? MS. DUROSS-Yea, of course they have a lot of things they’ve got to do and I got to have time to take my stuff out of there. COUNCILMAN BOOR-Is this a variance? SUPERVISOR STEC-No. COUNCILMAN BOOR-I mean it sounds like it’s two variances. SUPERVISOR STEC-It’s not. MS. DUROSS-It’s what? COUNCILMAN BOOR-Well, I know you’re asking for one variance and that’s, I have no problem with it and I probably don’t have a problem with the other one but I think if you have two homes there, there’s setback issues and stuff, let alone two SUPERVISOR STEC-Could we Bob in here, is it important for us in this resolution to stipulate that, to grant or not grant permission for there to be time while there will be two on the site? TOWN COUNSEL HAFNER-What this particular resolution is, is just to allow her to put a new one on. SUPERVISOR STEC-Right. TOWN COUNSEL HAFNER-If in addition she’s asking for time to leave the old one on and the Town Board is willing to consider it, we can add some in MS. DUROSS-Well, I’m not going to live in it. SUPERVISOR STEC-Right. MS. DUROSS-I’m just going to TOWN COUNSEL HAFNER-I think that’s an important part of any resolution and then we could add some other resolves that let her do it but you’ve got to tell me what the period is, ninety days sounds like a long time. COUNCILMAN BOOR-That’s a long time. TOWN COUNSEL HAFNER-Thirty days sounds kind of reasonable but that’s up to you guys. COUNCILMAN BOOR-Right. COUNCILMAN BREWER-Thirty or forty-five days to give her time to transfer the stuff . SUPERVISOR STEC-From the placement of the new one whenever that is, from the placement of the new mobile home. MS. DUROSS-Well, it said on the application that you could have up to a year, I believe. Regular Town Board Meeting, 05-17-2004, Mtg #22 689 TOWN COUNSEL HAFNER-It was up to a year to put the new one on. SUPERVISOR STEC-Right but not to have two on the site. TOWN COUNSEL HAFNER-We’re talking about having the old one still there. MS. DUROSS-I thought it said that to take the old one off. COUNCILMAN TURNER-No. MR. ROUND, Executive Director-You might want to hear from the public before you make any action on this. SUPERVISOR STEC-Yea, well I just want to make sure we know what we’re talking about. COUNCILMAN BOOR-But see the public, the problem is, is the public wasn’t noticed on what’s being asked. SUPERVISOR STEC-It’s not a material change, I don’t think. COUNCILMAN BOOR-It is if it doesn’t get moved it is. MR. ROUND, Executive Director-It would be dealt with as an enforcement action as a junk on the site versus two homes on the site. MS. DUROSS-Well, it can be put out back, I mean if it’s going to be COUNCILMAN STROUGH-Are we talking about the same person that you’re buying the trailer from is the person whose going to responsible for removing your old trailer? MS. DUROSS-No, they don’t take the old trailers, you have to hire a contractor to take it away. They don’t take them as trade-ins anymore, they used to do that years ago but they don’t do that no more. You have to hire someone to take it away and I already spoke to a fellow over on VanDusen Road that does that and they take them away and demolish them. SUPERVISOR STEC-Alright, before we go any further I’m going to open the public hearing right now so if there’s anyone from the public in the audience that’s interested in speaking on this public hearing please raise your hand, be recognize and step forward. Anyone in the public interested in addressing? Yes sir, come on forward, have a seat, state your name. How are you doing Mr. Ireland? MR. KEVIN IRELAND-My name is Kevin Ireland, I do not know this woman next to me but it just sounds like a pretty cut and dry matter. SUPERVISOR STEC-It is. MR. IRELAND-The woman simply wants a little bit of time to straighten out her affairs and she sounds like she wants to comply so my recommendation is let her do what she needs to do. Thank you. SUPERVISOR STEC-Alright. Thank you, sir. Anyone else from the public that would like to speak on behalf of this particular public hearing? Alright, seeing none, we can continue with our discussion. COUNCILMAN STROUGH-I think forty-five days is reasonable. SUPERVISOR STEC-Forty-five days. Tim, you’ve got a consensus too? COUNCILMAN BREWER-Yea. SUPERVISOR STEC-How about you two? Regular Town Board Meeting, 05-17-2004, Mtg #22 690 COUNCILMAN BOOR-Well, I have a, I just want to understand, I’m looking at the property, you’ve got fifteen feet on each side, where do you plan on putting the older home while you’re waiting to have it removed? MS. DUROSS-Well, that’s up to the people that come and, I can ask them to put it wherever, I mean. COUNCILMAN BOOR-Well, certain places it won’t fit obviously, like on the side. MS. DUROSS-Well, not directly on the side, it could go off to one side or the other. I mean, I do have COUNCILMAN BOOR-You have fifteen feet according to this. MS. DUROSS-Well, that’s where the trailer would sit. COUNCILMAN BREWER-Well, if she turns it Roger, if she turns it MS. DUROSS-But I had seventy-five feet in the front and I have a hundred and ten feet in the back. COUNCILMAN BOOR-Yea, I know so I’m just MS. DUROSS-And the trailer sits across. COUNCILMAN BOOR-Your septic is in the back. You don’t want to put it on your septic, right? MS. DUROSS-No, that’s over to one side, that’s over on this side. The septic sits toward COUNCILMAN TURNER-But you’ve got fifteen feet on each side, ma’am from the trailer to your boundary line on each side and what he’s saying is, you’re going to have to move that back obviously, first and then after you move it back, they’ll have to tear it apart to get it out of there. MS. DUROSS-The guy told me he can come right there and cut it up. COUNCILMAN TURNER-Okay. COUNCILMAN BOOR-Okay. COUNCILMAN BREWER-It’s only fourteen feet wide, you just turn it. COUNCILMAN TURNER-Yea, I know it, that’s what I said. SUPERVISOR STEC-Yea, there’s room to move it to the back and then cut it up. MS. DUROSS-Well, they’re going to be moving it with a bulldozer or tractor. SUPERVISOR STEC-Right. Alright. So, I’m hearing from the right side here, that they’re comfortable with forty-five days, myself I’m comfortable with that but do you COUNCILMAN BOOR-I don’t care. SUPERVISOR STEC-Alright, with that I’ll close the public hearing and Bob do you have additional modification to the resolution? PUBLIC HEARING CLOSED 7:25 P.M. TOWN COUNSEL HAFNER proposed the following amended resolution: Regular Town Board Meeting, 05-17-2004, Mtg #22 691 RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR ELISSA DUROSS RESOLUTION NO.: 266, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code §113-12, and WHEREAS, Elissa Duross filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace her existing mobile home with a new, same-sized 2004 mobile home on property located at 27 Pinello Road, Queensbury, and th WHEREAS, the Town Board held a public hearing concerning this application on May 17, 2004 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Elissa Duross in accordance with the terms and provisions of Queensbury Town Code §113-12, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes Ms. Duross to continue to keep her old mobile home on her property for a period of forty-five (45) days from the date the new mobile home is placed on the property contingent upon the following provisions: 1) no one lives in the old mobile home; 2) the old mobile home is placed behind the new mobile home (in the back part of the property) and not along each side between the new mobile home and the neighbors on each side; and 3) the old mobile home is removed within forty-five days of the date of placement of the new mobile home. th Duly adopted this 17 day of May, 2004, by the following vote: Regular Town Board Meeting, 05-17-2004, Mtg #22 692 AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None PUBLIC HEARING Proposed Extension To Queensbury Consolidated Water District – Richardson Street Extension NOTICE SHOWN 7:33 P.M. MR. RALPH VANDUSEN, Water/Wastewater Superintendent-First of all, I think attached to the resolution is probably a copy of the Map, Plan and Report of the district extension. Does each Board Member have one? SUPERVISOR STEC-No. MR. VANDUSEN, Water/Wastewater Superintendent-I have copies here. (distributed copies to the Town Board) Okay, as the Board knows in Queensbury water is served as a Special District and what that means is the people that live within that district have to pay the total cost of receiving water from the Town. It’s broken into two categories, the operation and maintenance costs, what it costs us to basically take a gallon of water from the river to treat it and pump it out to the customers, delivered to the customers in the Town, is covered by a quarterly metered bill with the Queensbury District. Any capital charges, that would be the cost of putting the pipe in the ground, water tanks, the treatment plant and upgrades to the plant are covered by an ad valorem charge that shows up in the County Tax Bill in January. In 1982 the Town received a HUD Grant to install a waterline on Richardson Street from the intersection of Richardson and Fifth down to the City line and it totally paid for the cost of putting that pipe in. Unfortunately that step was never taken at the time to actually create a water district or to make it a part of the Queensbury Water District and when we discovered that, actually, the way we discovered it, we did a comparison using GIS of those properties paying taxes within the district and where the waterlines and hydrants and we found that this is a void, that these people had not, had never been included in the district. They always, they have right from the very beginning have been paying the operation and maintenance costs but they’ve never paid any ad valorem tax, any capital for any infrastructure whatsoever. When we discovered that, our discussion with the Attorney Bob Hafner, what are the steps, what are choices to do and the decision was made to hire Tom Jarrett to prepare a Map, Plan and Report to do a district extension that would become consolidated into the Queensbury District. MR. TOM JARRETT-The Map, Plan and Report, the report you have in front of you is essentially a state requirement that outlines the district to be formed or extended, in this case it’s an extension. The report is intended to show the members of the district as well as the public-at-large the limits of the district and there’s a description in the appendix of this report as well as the parcels that are to be included. It also outlines the cost of any capital improvements in which case there are no capital improvements needed at this point and spells out the charges that Ralph has described to you for each individual, or I should say the typical user within that district and those charges are spelled out within this report. MR. VANDUSEN, Water/Wastewater Superintendent-The only thing I would add to that is, in addition to, actually over on the left is a map showing the area and it’s certainly a little difficult to see but the area in blue, this would be, this is where Richardson Street is in West Glens Falls, Fifth Street would be in this area here and then the area toward the river and down in here to the City line is the area of the district extension. In addition to that, we have eight contract customers, people that live outside the district or have properties outside the district in other areas where there was a waterline but they were being served by contract. Part of their contract stipulates that the next time we do a district extension, that their property would also become part of the Queensbury Consolidated District. This is that first extension we’re doing since they’ve signed the contract and they will become part of the Queensbury district as well. As contract customers they have been paying the exact same fees that the residents of the district have been paying so there will be no change in the financial impact. What they’re seeing is just they will become part of the district and no longer have to have surcharges on their bills. Regular Town Board Meeting, 05-17-2004, Mtg #22 693 COUNCILMAN STROUGH-Now, will they become part of Richardson Street Water District Extension? MR. VANDUSEN, Water/Wastewater Superintendent-Actually the final step in this is the Richardson Street District will be consolidated into the Queensbury District so the Richardson District will exist for a few seconds. SUPERVISOR STEC-Alright, any other questions for Ralph or Tom at this time? COUNCILMAN BOOR-How does the ad valorem, a hundred and twenty-nine, how does that compare with other? MR. VANDUSEN, Water/Wastewater Superintendent-Well the tax rate is exactly the same so it just comes down to what the average price of home in the area. SUPERVISOR STEC-This process you started how long ago, when did you really start this in earnest, of creating this district? I mean, I know it was built many years ago. MR. VANDUSEN, Water/Wastewater Superintendent-Actually, we’ve been going through the process for a couple of years. SUPERVISOR STEC-Okay. Is there anyone from the public that would comment or question on this public hearing regarding the extension of the Richardson Street Water District? Any takers? Seeing none, Town Board, any further questions or comments? We do have a short form and Chris I’ll let you walk us through that. Again, we have two resolutions regarding this. One, is a statement on the Environmental Impact and then the second one is actual extension. PUBLIC HEARING CLOSED 7:33 P.M. MR. ROUND, Executive Director lead the Town Board through the following Short Environmental Assessment Form: NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, NO drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change in use NO of intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be induced by NO the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in C1-C5? Regular Town Board Meeting, 05-17-2004, Mtg #22 694 C7, Other impacts (including changes in use of either quantity or type of NO energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – RICHARDSON STREET EXTENSION RESOLUTION NO.: 267, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Richardson Street Extension, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, Regular Town Board Meeting, 05-17-2004, Mtg #22 695 RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – RICHARDSON STREET EXTENSION RESOLUTION NO.: 268, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Richardson Street Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the extension which will encompass the area of Richardson Street situated between Fifth Street Extension and the Queensbury Town line along Richardson Street/Haviland Avenue, plus Edgewater Place and Feeder Canal Court, such extension more specifically described in the Map, Plan and Report prepared by Jarrett-Martin Engineers, PLLC, 12 East Washington Street, Glens Falls, New York and filed in the Queensbury Town Clerk's Office and available for public inspection, and WHEREAS, the Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the Map, Plan and Report shows the water infrastructure serving the parcels included in the District Extension, and rd WHEREAS, on May 3, 2004, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the Regular Town Board Meeting, 05-17-2004, Mtg #22 696 maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller’s Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons th concerning the proposed Water District Extension on May 17, 2004 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Town Board has considered the establishment of the proposed District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Richardson Street Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and Regular Town Board Meeting, 05-17-2004, Mtg #22 697 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Richardson Street Extension of the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided and subject to the following: 1. a permissive referendum in the manner provided in New York State Town Law Article 7; and 2. the adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None PUBLIC HEARING Proposed Local Law Of 2004 To Amend Queensbury Town Code Chapter 160 “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors” To Require Transient Merchants Operating Without Required License To Pay Town License Fees NOTICE SHOWN 7:35 P.M. SUPERVISOR STEC-I’ll open the public hearing. Again, this is to propose an amendment to a Local Law regarding Transient Merchants and I’ll just read the new language that’s affected. The Town may or is likely to take another view at the Transient Merchant Law in general, we may or may not change, tonight’s action is specific to one area regarding enforcement penalties for offenses. And the impetus of this came basically last year when we in fact took a couple of people or at least one to an enforcement action and the Court ruled in our favor, however it was limited in the fine that it would levy to the point where the fine was actually less then the fee would have been so thus basically encouraging people to take a Court fine and not go through the process of filing out the form and submitting an application. So, I’ll just read for the benefit of everyone the language, I’ll read the existing language and then there’s an additional sentence or two following the existing language. Each violation of this chapter or any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding $1,000 foreach offense. Each day a violation continues Regular Town Board Meeting, 05-17-2004, Mtg #22 698 shall be a separate offense. That’s the existing language. The additional language would be, in addition to such fines, any transient merchant who shall operate without the required license shall be required to pay the license fees such transient merchant would have been required to pay if such transient merchant had properly obtained such license. The payment of such license fee shall not be a fine but restitution to the Town of revenues that should have been paid. So, again, it simply removes, in my opinion, it removes the incentive to violate our transient merchant law. The public hearing is open, if there’s any members of the public that would like to come and address the Board on the transient merchant language that we’re proposing to change tonight, just raise your hand and come forward. Anyone at all? Alright, hearing none, I’ll close the public hearing and ask the Town Board if they have any questions or comments? PUBLIC HEARING CLOSED 7:39 P.M. RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2004 TO AMEND CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” TO REQUIRE TRANSIENT MERCHANTS OPERATING WITHOUT REQUIRED LICENSE TO PAY TOWN LICENSE FEES RESOLUTION NO.: 269, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2004 to amend Queensbury Town Code Chapter 160 entitled “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” to clarify its Town Code so that it is clear that any transient merchant operating in the Town of Queensbury without the required transient merchant license shall be required to pay the required Town of Queensbury transient merchant license fees, 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 May 17, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2004 to amend Queensbury Town Code Chapter 160 entitled “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” as presented at this meeting, and Regular Town Board Meeting, 05-17-2004, Mtg #22 699 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 17 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None LOCAL LAW NO.: 3 OF 2004 A LOCAL LAW TO AMEND CHAPTER 55 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 160 of the Queensbury Town Code entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," Section 160-14 thereof entitled “Enforcement; penalties for offenses,” is hereby amended by adding language to subsection “A” as follows: §160-14. Enforcement; penalties for offenses. A. Each violation of this chapter or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding $1,000 for each offense. Each day a In addition to such fine(s), any violation continues shall be a separate offense. transient merchant who shall operate without the required license shall be required to pay the license fees such transient merchant would have been required to pay if such transient merchant had properly obtained such license. The payment of such license fee(s) shall not be a fine but restitution to the Town of revenues that should have been paid. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Regular Town Board Meeting, 05-17-2004, Mtg #22 700 SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. PUBLIC HEARING Proposed Local Law Of 2004 To Replace Chapter 119 Entitled “Outdoor Furnaces” With A New Chapter 119 Regulating Use Of Outdoor Furnaces In The Town Of Queensbury NOTICE SHOWN 7:40 P.M. SUPERVISOR STEC-I’ll open the public hearing and let’s see, who do I want to pick on to summarize this. Bob, do you want to summarize the direction that this took to refresh the public’s memory? I’ll lead in for you. A couple of months ago, the Town Board had a fairly lengthy public hearing in which case the public hearing had been opened and we took, I believe we took no action. I know we didn’t pass it, I don’t think we voted it down, I think we chose to take no action and that was for an out and out ban for all outdoor furnaces in the Town of Queensbury. We had, what I would say a very congenial exchange of the two different positions that in fact there is at least a couple in town that are creating issues for neighbors and the town really had nothing with any significant teeth to it to enforce and we weren’t necessarily on the top of DEC’s list of priorities. So, we were having difficult with the state helping us enforce their law and at the same time we had a larger group that were operating them with no problems with the neighbors that had made a substantial investment in an alternate heating system for their homes. I think that both sides understood where the other was coming from, I don’t think anyone on the Town Board necessarily wanted to see somebody that made an eight or ten thousand dollar good faith investment in their home heating system put in a position where it would be banned or that we would be telling them to take it out. I think the Board all agreed that that was not necessary but yet we still had a problem and we anticipated potential future proliferation of these in the town and we wanted to get ahead of the curve rather then trying to play catch up as is most often the case. So, we went back to the drawing board, Councilman Boor and myself met with Town Counsel and Chris Round during the day, I don’t know, a month or six weeks ago and came up with a draft, the town had a workshop on it and I think that the law is a fair compromise. There is a couple of items that I think are probably sticking points for discussion but essentially the new law would allow for the currents ones to be essentially grandfathered provided that they don’t continue to pose a problem and it would provide a permitting system and a revocation system for current ones out there. So, the ones that are giving us problems, would be subject to correction or removal but the ones that are operating currently, if they continue to operate as and perform as they have been would be permitted and grandfathered. It would allow future ones to come in some parts of the town, essentially larger lots, less densely populated areas thus protecting people that live in denser populations from the inconvenience of having one of these located nearby. And of course, as anything else the entire thing is subject to, it can be, a variance can be sought for portions of, significant portions of the code. So, if somebody says, gees, I’m having a tough time meeting this part of the code but I’d like to have one, that there is in fact a mechanism allowed in this local law that would allow people to do that. So, I think, although it took us the majority of time from our moratorium that we set back in December, I think that what we’ve come up with is probably a pretty good swing at it but that’s why we’re here tonight looking to hear from the public. Bob, did I miss anything? TOWN COUNSEL HAFNER-No, I can get into more detail, I think you’ve given a good overview of it. SUPERVISOR STEC-We tried to make this available, I know I had a copy I believe faxed to at least one person in the audience that was helpful in our last public hearing. With that, I’ll open the public hearing, if there’s anyone in the public that would like to speak regarding this local law, whether it is adequate, not adequate, suggested changes, questions, clarifications, now is the, now is your opportunity. So, if there’s anyone that would like to speak. Regular Town Board Meeting, 05-17-2004, Mtg #22 701 DEPUTY TOWN CLERK BARBER-There are copies on the table too. SUPERVISOR STEC-And the clerk is telling me there are copies available on the table if anyone wants to grab a copy of the law. MR. DAVE MCGOWAN-Good evening, I’m Dave McGowan, 48 Birch Road, Queensbury. I’d just like to say I think the Board has done a good job with all of the conflict that there was last time around and I’m very happy with the way that this is written. I only have one question and that’s regarding smoke opacity and enforcement. I guess the Fire Marshal is the one whose going to be charged? COUNCILMAN BOOR-I’ve got the answer. I’ve been in touch with the Attorney General’s Office on several different occasions and that was their biggest concern having looked at this and later on tonight, we’re going to be, I believe approving unanimously a new Health Officer who has agreed to go for training to do just that. He’s a Glen Lake resident and he’s more then willing to do what’s necessary to make that an enforceable aspect of this law. MR. MCGOWAN-Okay, super. So they’re going to be certified with the DEC that requires every sixth month re-upping. COUNCILMAN BOOR-Yes, correct. SUPERVISOR STEC-And that was an important, to add to what Roger said, that was, my understanding, that one of the important elements that we had in our deliberation and quest for a Health Officer, is that we wanted to tweak the role, change the role, enhance the role a little bit more. So, we apologize that we’re five months into the year technically without a Health Officer although Dr. Evans has been great in answering the mail for us and defacto providing some backup as he did earlier tonight in a letter. But Dr. Garner who is the resolution is considering for appointment has agreed to pursue this training and so to take the Health Officer position here to a little more involved hands on level in some areas that previously the town did not ask for or require. MR. MCGOWAN-Well, it’s great. I know in the past the only way that we’d be able to have the opacity tested was to get somebody from Albany and by the time you get them down here, the opacity changes. COUNCILMAN BOOR-Right, it’s a different season. SUPERVISOR STEC-Yea, right, so we agree. It is literally a different season. MR. MCGOWAN-Yea, thank you. SUPERVISOR STEC-Thank you, Dave and thanks for your compliment. Anyone else that would like to comment on the proposed local law for outdoor furnaces? Mr. Ireland, please and Mr. Ireland, just to embarrass him a little bit, Mr. Ireland was the gentleman I was referring to, he’s been a wealth of knowledge before the last public hearing, at the last public hearing and since the last public hearing to me. I know he’s got some expertise in these sorts of furnaces as he is a vendor of them and an operator. So, Mr. Ireland, thank you for your help. MR. IRELAND-Thank you, Mr. Stec. Well, I don’t claim to have all the answers certainly, just trying to make a living like everybody else. I would like to thank the Board for coming up with this proposed law, I think it makes sense. I do have a few questions about certain aspects of it and hopefully, I won’t take up all your time. First of all, underneath, well, it would be number 4 on page 2. Of course, I’m using your faxed copy so hopefully, I SUPERVISOR STEC-Yup, 4 on page 2, permit. MR. IRELAND-Okay. What is the, are there existing forms in place already for the permit process for an outdoor wood stove? SUPERVISOR STEC-No. MR. IRELAND-And if there are, what exactly is on the, would be on the form? Regular Town Board Meeting, 05-17-2004, Mtg #22 702 SUPERVISOR STEC-They’re not yet and that’s something that once we pass this law that the Fire Marshal’s Office, Chris Round’s Office will have to generate that form. MR. IRELAND-Okay, but the requirements on that form would be similar to what’s in the proposed law? SUPERVISOR STEC-Oh, yea. That’s a fair question. COUNCILMAN BREWER-One would mirror the other. TOWN COUNSEL HAFNER-The form will be consistent with the law. SUPERVISOR STEC-Right, consistent with the law. MR. IRELAND-Yea, okay, cause I was going to ask what in fact would the Fire Marshal be inspecting when he comes to a job site? SUPERVISOR STEC-Basically, not to speak for him, he’s not here, the requirements of the law as you know, I know you’ve got a copy, permitted zone, lot size, setback, months of operation, spark arrestors. COUNCILMAN BOOR-Material being burned. SUPERVISOR STEC-Right, if he’s called to one that’s in operation, what’s the fuel that he’s using. So, that’s, then beyond that, when we get into the opacity that’s where we would involve the Health Officer. Hopefully, knock on wood, won’t be required very frequently but, you know, because ideally no one violates the law. But basically, it would be that sort of level of involvement. MR. IRELAND-Okay, that’s good, I just was curious because it says in number 5, the next one down, it says, with regard to someone who already has one, it says that they would apply for, but only if they receive a permit from the Town Fire Marshal and that was what my concern was, what exactly is he doing, is it anything different then what’s already in here. SUPERVISOR STEC-Right. MR. IRELAND-So, you’ve already answered that, I guess. SUPERVISOR STEC-Right and there are exceptions. I mean, the only paragraph kind of meanders around but basically it grandfathers the ones that violate permitted zone minimum lot size and setback, i.e. yours. MR. IRELAND-Yes, okay. COUNCILMAN STEC-It’s 6B, C, and D. SUPERVISOR STEC-6B, C & D. MR. IRELAND-Right, the very next question I have with regard to that is when my outdoor wood furnace reaches it’s expected, well it reaches the end of it’s life, can I replace it without having to go through the permit process or would I have to and then now have to comply with these other three requirements that I currently do not have to? SUPERVISOR STEC-That’s a good question and Chris and Bob, I, my intent TOWN COUNSEL HAFNER-The way it’s written SUPERVISOR STEC-My intent would be that, well, how would you say it’s written? MR. IRELAND-I just figure that if it’s not a problem, and it’s never going to be a problem, why do I need, why would I have to go through? Regular Town Board Meeting, 05-17-2004, Mtg #22 703 TOWN COUNSEL HAFNER-This doesn’t specifically let grandfathered ones be replace, it does not give that. SUPERVISOR STEC-Right. TOWN COUNSEL HAFNER-You know, the ones that are there are grandfathered, new ones are not. There is a waiver process that the Town Board at that time will be able to consider. COUNCILMAN BOOR-If you read the last part of it, that’s exactly right, 8. TOWN COUNSEL HAFNER-But that’s up to that Town Board at that time. COUNCILMAN BOOR-Number 8, page 4 and if you’ve got a history and a record of not being a problem and assuming that one or all of us are here, you probably going to get it. MR. IRELAND-Okay. Well, that makes sense and I would imagine that by that time, you know the equipment would be more efficient and things of that nature. SUPERVISOR STEC-Right, we’re recognizing that, when we talk about the five to ten thousand dollar investment, not all of that is the unit outside burning wood. MR. IRELAND-That’s correct. SUPERVISOR STEC-I mean, you know that’s, right, we recognize that you’ve got a substantial investment under the ground and in the house as well. So, I mean my personal intent, but it’s a good question cause I know we didn’t specifically or at least I didn’t, consciously consider it, what happens when your firebox burns out and you need a new one. MR. IRELAND-That’s why we’re asking, yea. SUPERVISOR STEC-I think Roger hit the nail on the head that there’s a provision there for waivers and obviously if you’ve got a record long enough where you’ve burned through one of these and you haven’t been a problem, I can’t imagine a reasonable person not granting you the waiver to replace the firebox. MR. IRELAND-Okay, it makes sense. Under suspension of permit, letter A, I do not know COUNCILMAN BREWER-Where are you, what page? MR. IRELAND-It would be page 3, I do not know what 6 NYCRR 227-1.39(b) actually states, maybe someone can enlighten me about that. TOWN COUNSEL HAFNER-It’s the New York State Regulation. COUNCILMAN BOOR-We actually had copies of it at the last meeting. I can get you one. TOWN COUNSEL HAFNER-This is a New York State Regulation. MR. IRELAND-Well, if anybody knows what it is can you maybe just paraphrase it? COUNCILMAN BOOR-It’s anywhere, you can get it on the internet. I can give you a copy of it rather then try and SUPERVISOR STEC-But Bob, could you for the benefit of the COUNCILMAN BOOR-It has to do with health and safety or health and TOWN COUNSEL HAFNER-I don’t remember the exact language. MR. IRELAND-Well, I guess what I’m trying to ask SUPERVISOR STEC-That’s the portion that the Health Officer would get training on. Regular Town Board Meeting, 05-17-2004, Mtg #22 704 MR. IRELAND-Right, okay. Okay, I just didn’t know if that was a, that was something that pertained strictly to an outdoor wood burning type of appliance or a woodstove or any other. SUPERVISOR STEC-Oh, no, that’s a much more general. COUNCILMAN BOOR-No, it has to do with smoke and odors. MR. IRELAND-Okay, cause I was concerned about the time period, I was thinking you would allow it to burn for six minutes and produce a twenty-seven percent opacity. I didn’t know if that was actually acceptable. I mean, in my own situation, I don’t go out there with a stopwatch and see whether it’s burning that good or that bad and I’m sure that the other people that have them don’t either which leaves me possibly open to a violation that I’m unaware of, that’s all. I just didn’t know what that spec meant. COUNCILMAN STROUGH-ENCON’s 227-1.3 is referencing opacity and it says, well, I’m not going to read the whole thing but I’ll give you an idea of what it is, it says no person shall operate a stationary combustion installation which exhibits greater then twenty percent opacity, six minute average except for one six minute period per hour of not more then twenty-seven percent opacity and then it talks about compliance. MR. IRELAND-Okay, okay, I just didn’t know if it was something that pertains strictly to this appliance or what. SUPERVISOR STEC-You don’t need an MD to enforce that but yea, alright. MR. IRELAND-Okay. Okay, underneath the same suspension of permit, you have several, well, you’ve got B, C, D and E, I wasn’t so much sure about the letter B, a malodorous air contaminants from the Outdoor Furnace are detectable outside the property of the person on whose land the Outdoor Furnace is located. My question about that is, is that what if someone is actually in compliance with things like setbacks and that sort of thing but they’re adjoining a piece of property that is vacant or state owned or whatever, yet if you stood on that property you could, you know, if your more sensitive to it then the next guy, you could say, oh yea, there’s malodorous odors coming from that unit but COUNCILMAN BOOR-I think you’d have to have standing in court and if it’s not your property, it might be difficult. SUPERVISOR STEC-And I would go back to the route paragraph where it says, a permit issued pursuant to this local law may be suspended as the Fire Marshal may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Queensbury. So, if you’re in a situation where there’s nobody living next to you, then there’s no public, I mean, you know what I’m saying? MR. IRELAND-I do, I do, it’s just that it’s written SUPERVISOR STEC-So, I think there’s some common sense that you would MR. IRELAND-Yea, it’s just that it’s written in here and once it’s in writing, it takes longer to get it out then once it’s already been established, that’s all. COUNCILMAN BOOR-Just think how long this could have been. SUPERVISOR STEC-Yea, well yea, we’ve got a four and a half page local law that could be forty pages I’m sure. MR. IRELAND-Yea, okay, I’m not trying to give anybody a hard time SUPERVISOR STEC-No, no, not at all. MR. IRELAND-Just, I’m a little naïve a little bit occasionally. Regular Town Board Meeting, 05-17-2004, Mtg #22 705 SUPERVISOR STEC-No, you’re a user, you got to, you need to know. MR. IRELAND-Okay. My feelings are that letter C and D actually cover pretty much SUPERVISOR STEC-B. MR. IRELAND-Yea and I mean, because if the emissions from the Outdoor Furnace were causing damage to property or vegetation or they were obviously interfering with the reasonable enjoyment of life or property, I mean, that pretty much covers everything else. Letter E, where it says the emissions from the Outdoor furnace are or may be harmful to human or animal health, I think that’s a given. I think they are, I think they are from our automobile too and your lawnmower or anything else. So, I just, I’m just stating that it’s written in such a way that, you know, it doesn’t leave much leeway because any combustion source is harmful to human or animal health. So, I would think that you’d write it in the manner that says it’s proving to be harmful. COUNCILMAN BOOR-And then we’d have to prove it. MR. IRELAND-That’s why the Board of Health or the Health Doctor there that you have. On enforcement, paragraph 9, page SUPERVISOR STEC-Yup, page 4. MR. IRELAND-Page 4, on in just reading down through there, you know you’re saying that you would offer a five hundred dollar fine or imprisonment of up to ten days if proven to be in violation of these standards. I thought that was a little harsh, I thought you know, well I just meant it might be a little harsh if, I think the person should be warned first because, I said, someone’s Outdoor Wood Furnace may be, may not be in compliance with the opacity rule but he may not be aware of it. So, I think you should let him know. COUNCILMAN BOOR-That’s one of the reasons why we want everybody to be permitted so we can ensure the fact that they’re aware of this law. SUPERVISOR STEC-There’s an education … for the permit. COUNCILMAN BOOR-We would love to have everybody that owns one of these things know exactly what is expected and it’s, you know MR. IRELAND-I agree, I mean that’s the whole purpose of educating the public but as I said, I don’t know all the answers and I’m trying to learn something here tonight. COUNCILMAN BREWER-And I think Kevin, if you look at that it’s the maximum. SUPERVISOR STEC-Yea. MR. IRELAND-Okay. COUNCILMAN BREWER-It’s not saying that we’re going to fine you a thousand dollars and put you in jail for ten days. SUPERVISOR STEC-Right and a court is going to use their discretion. MR. IRELAND-Okay, alright. COUNCILMAN BOOR-It’s certainly not our intent to have this thing turn into a witch hunt, you know. MR. IRELAND-That’s good. SUPERVISOR STEC-Yea, I think that’s safe to say. COUNCILMAN BOOR-This is strictly to prevent things that should be prevented. Regular Town Board Meeting, 05-17-2004, Mtg #22 706 MR. IRELAND-Okay. That’s all that I really have, you’ve pretty much cleared it up for me. SUPERVISOR STEC-Alright, Kevin. COUNCILMAN TURNER-I have a question for him. SUPERVISOR STEC-Ted’s got a question for you. MR.IRELAND-Okay. COUNCILMAN TURNER-Page 3, paragraph F, Spark Arrestors. MR. IRELAND-Yes. COUNCILMAN TURNER-Do they make a Spark Arrestor for this unit? MR. IRELAND-For the unit that I have, yes they do. COUNCILMAN TURNER-They do? MR. IRELAND-Yes. I do not currently have one on my unit, it didn’t require it, I’ve never seen anything serious come out of it in the way that it would harm anybody’s property, even my own. So, but since you have it in here, it looks like I’ll be getting one. COUNCILMAN TURNER-It sounds like it don’t it. SUPERVISOR STEC-Kevin, the expense of that, I’m told they’re not very expensive but you sell them, I mean, or you sell these units, do you have a feel for how expensive the Spark MR. IRELAND-The Spark Arrestor is? SUPERVISOR STEC-Yea. MR. IRELAND-Well, the Spark Arrestor is something that could be used on pretty much any metal prefabricated chimney. SUPERVISOR STEC-Right. MR. IRELAND-I would think that it’s less then a hundred dollars. Like I said, I do not have one on my own application and I don’t, most people do not require one of these and the manufacturer does not require one. SUPERVISOR STEC-You don’t think that’s an undo or ridiculous burden? MR. IRELAND-The only thing I have a concern with, with the Spark Arrestor is anything that you have that would obstruct the flow of the draft or the emissions or particulates or whatever, it gives another place for them to collect upon as well as creosote. COUNCILMAN TURNER-Yea. COUNCILMAN STROUGH-But it does make them safer. MR. IRELAND-Well, it makes it safer in that if there’s a potential for sparks to be emitted from these units, hopefully it would do it’s job and prevent it from landing in a pile of leaves or something like that. But generally, the units are running in the winter time when there’s snow on the ground so, it’s really not much of a problem. COUNCILMAN STROUGH-Or in the fall when there’s not snow on the ground, when it’s dry leaves. MR. IRELAND-Yup, yea, you’ve got a point. Regular Town Board Meeting, 05-17-2004, Mtg #22 707 COUNCILMAN STROUGH-Yea, well I mean, if our job is to protect public safety to the maximum extent possible, reasonable MR. IRELAND-Well, I think that, again, common sense should prevail. If the application requires one or there’s a potential there for a problem, then I say go for it. But sometimes I think, you know, we don’t want to be too intruding upon everybody, we think that we can save everybody and protect them from themselves but let’s just be reasonable. COUNCILMAN TURNER-I’ve got another question for you. When did they change the design of this unit? MR. IRELAND-Well, when you say this unit, I don’t know what unit you’re referring to because there’s probably a dozen manufacturers out there. COUNCILMAN TURNER-Well, the one that we’ve got here, the one with the new roof in it, inside, in the fire chamber. MR. IRELAND-As far as I know, the manufacturer that I COUNCILMAN TURNER-Has that always been like that? It hasn’t has it? MR. IRELAND-I don’t know what brand you’re referring to, sir. COUNCILMAN TURNER-Central Broiler. MR. IRELAND-I do not sell Central Broiler, I couldn’t tell you about there track record or their history. COUNCILMAN TURNER-Alright, does yours have a similar MR. IRELAND-Mine has a rippled top heat exchanger in it. COUNCILMAN TURNER-Rippled, that’s what this one has. MR. IRELAND-Yup but my understanding is, is if you put the two side by side, they are not constructed exactly the same. The actual ripples on mine are much smoother whereas the one on Central Broiler is more of a v notch which I guess is some people would think that that would make it more susceptible to failure of the welding or whatever. What is the point of your question? COUNCILMAN TURNER-Well I just wondered what affect it would have on the fire in the box, whether it MR.IRELAND-Well, as a heating contractor, the more heat exchange surface you have, the more efficient. COUNCILMAN TURNER-Makes it burn hotter or? MR. IRELAND-It doesn’t make it burn hotter, or less hot, it simply provides more surface area for the heat to be extracted from the fire, that’s all. You’ve given it more heat transfer surface by making it a rippled rather then a flat. COUNCILMAN TURNER-Yea but there’s a water chamber all the way around that unit. MR. IRELAND-Yes. COUNCILMAN TURNER-So you’re getting, you know you’re getting heat from all sides. MR. IRELAND-That is the advantage of having a water jacket completely around the firebox, yes. I hope I answered your question but I’m not so sure. SUPERVISOR STEC-Anything else Mr. Ireland? Regular Town Board Meeting, 05-17-2004, Mtg #22 708 MR. IRELAND-I don’t have anything else. COUNCILMAN TURNER-I just thought maybe they might have changed the design. MR. IRELAND-Well, I’m sure that over the years, the design probably has changed and COUNCILMAN TURNER-I think if you go back to some of the older ones, it probably isn’t in there, that roof. MR. IRELAND-There’s a good possibility, you would have to consult with the manufacturer. COUNCILMAN TURNER-And that might be why we’re getting, they’re getting a lot of smoke from some of the older ones and not so much from the newer ones. MR. IRELAND-I think the burning process whether it’s a new one or an older one, is dependent upon what type of wood you’re burning, the amount of oxygen that’s going to it. COUNCILMAN TURNER-Yup. MR. IRELAND-Certainly the firebox may or may not contribute to how efficient the unit is. I don’t have all those answers. I’ve been a dealer now for a couple of years for a particular brand, not the Central Broiler and as I stated at my first public hearing here a couple months back, if these units were banned outright right here in Queensbury, it would not affect my business, I do not sell them to people in Queensbury because generally people in Queensbury do not purchase this type of unit. SUPERVISOR STEC-Right. Okay, thank you Mr. Ireland. MR. IRELAND-Thank you. SUPERVISOR STEC-Anyone else from the public would like to speak on outdoor furnaces? Yes, Ma’am. MS. KATHLEEN SWEET-I just had a question on the permit. It doesn’t state if it’s an annual permit or if it’s a one time deal for the unit and about what the cost would be? SUPERVISOR STEC-Bob? COUNCILMAN TURNER-We didn’t address that. TOWN COUNSEL HAFNER-The, it was intended to be a one time permit that lasted for the unit. MS. SWEET-Okay. TOWN COUNSEL HAFNER-And we didn’t have a cost and often those type of costs are set in SUPERVISOR STEC-Just large enough to cover the expense. COUNCILMAN BOOR-It’s probably just administration. SUPERVISOR STEC-I don’t want to throw a number out there but COUNCILMAN BOOR-It’s not to make money, it’s just to cover the paperwork. SUPERVISOR STEC-Yea, it won’t, I mean it can’t imagine it being MS. SWEET-Right, but I didn’t know if it was going to be an annual basis SUPERVISOR STEC-No, a one time shot. MS. SWEET-like if the Fire Marshal will come in every year, check your unit and then Regular Town Board Meeting, 05-17-2004, Mtg #22 709 COUNCILMAN BOOR-It’s really, we just want to know where they are, that’s the only purpose of it. MS. SWEET-Okay. SUPERVISOR STEC-Yup, a one time shot and Chris, is it reasonable to say it would be under a hundred dollars? MR. ROUND, Executive Director-I have no idea. SUPERVISOR STEC-Hard to say? I mean, we’re talking thousands of dollars. COUNCILMAN BREWER-No. SUPERVISOR STEC-We’re not talking five hundred. COUNCILMAN BOOR-I think it’s going to be well under a hundred but that’s just SUPERVISOR STEC-Yea, I got to imagine it’s going to be under a hundred. COUNCILMAN BOOR-It’s like a dog license. MS. SWEET-Okay. COUNCILMAN BREWER-No, it’s not like a dog license, Roger. COUNCILMAN BOOR-I MS. SWEET-I can’t walk my woodstove. Thank you. SUPERVISOR STEC-Thank you. Anyone else, open, public hearing for the Outdoor Furnaces? I know Caroline has a letter that we’ll read in pertinent to this public hearing. Caroline? DEPUTY TOWN CLERK BARBER read the following into the record: To Queensbury Town Board Members: On April 27, 2004 the Board of Directors of the Glen Lake Protective Association unanimously voted to support the proposed law by the Town of Queensbury to regulate outdoor furnaces. We support this law because outdoor furnaces pose environmental threats to the quality of the water and the quality of life at Glen Lake. We agree with the provisions of the proposed law and ask that you move to enact the law as quickly as possible. Respectfully, Donald Milne Chair, Environmental Committee, Glen Lake Protective Association (on file in the Town Clerk’s Office) SUPERVISOR STEC-Alright, thank you. Anyone else from the public? Alright, at this point I’ll close the public hearing. PUBLIC HEARING CLOSED 8:05 P.M. SUPERVISOR STEC-Any Board Members want to comment or discuss anything further? COUNCILMAN TURNER-Well, I think myself Dan, I think the setbacks are too much, two hundred feet for setbacks, that’s way too much. The smoke is going to, you know, follow it’s path of wind source so it’s going to go wherever it has to go. I think that’s way too much. Regular Town Board Meeting, 05-17-2004, Mtg #22 710 SUPERVISOR STEC-While Ted is looking, I’ll hit the highlights on the specific requirements which I think is where any dissention from the Town Board would be in this paragraph section 6, A through F. A, Permitted Fuel, firewood, untreated lumber. B, Permitted Zones, only in the LC- 10A, LC-42A, RR-3A and RR-5A zone. C, Minimum Lot Size, three acres. D, Setbacks, as Mr. Turner just referred to, not less than two hundred feet. E, Months of Operation, operated only stst between September 1 and May 31 and F, Spark Arrestors, all shall be required to be equipped with Spark Arrestors. So, those were the six unit specific kind of tape measure kind of requirements that, in addition to the other, opacity and the other but those are, these six are the area that I think that if there’s discussion on the Town Board, I’m aware of, there might be some disagreement. For instance, there was debate over lot size and setbacks. COUNCILMAN STROUGH-But we also include paragraph number 8 which allows a person to apply to the Board of Health for a variance where they might be in a unique situation and they can explain that to us and we can take a look at it and we can either agree with them or not. SUPERVISOR STEC-Yup. Ted, did you have any other? COUNCILMAN TURNER-Well you know, and the other thing is too, that we’ve got to buy the equipment you know to step out there and address this issue and we don’t have that equipment. COUNCILMAN STROUGH-What equipment? COUNCILMAN TURNER-The opacity. SUPERVISOR STEC-Well, the opacity equipment. COUNCILMAN BOOR-I don’t think it’s that kind of, it’s not an expensive SUPERVISOR STEC-I didn’t get the impression COUNCILMAN STROUGH-I think it’s an index card. COUNCILMAN BREWER-It’s a color chart, essentially. SUPERVISOR STEC-Yea, I think it’s a chart. COUNCILMAN TURNER-Is that all it is? SUPERVISOR STEC-I think so. COUNCILMAN STROUGH-I don’t think it’s a really expensive item. COUNCILMAN BOOR-Well, the Ringleman is, the Ringleman is. But I don’t believe, this is more training then it is equipment the cost of being able to enforce that portion of the law. COUNCILMAN TURNER-But you know, I know people that have got them and they don’t cause the things that caused this to come up. SUPERVISOR STEC-Yup, I agree with you there. COUNCILMAN TURNER-There’s a few people that caused this to come up and that can be addressed by not going through all of this. SUPERVISOR STEC-Anything else, Ted? COUNCILMAN TURNER-Just make something simple that would address that issue. SUPERVISOR STEC-Sure. Anything else? Anybody else on the Town Board. COUNCILMAN BREWER-I would agree with Ted. I don’t necessarily agree with the smallest lot being an RR3, and the reason being is if we were to or it was considered to be a one acre zone, you Regular Town Board Meeting, 05-17-2004, Mtg #22 711 would presume that the guy next to you is going to have a one acre zone so you have an area of two acres. The two hundred foot setback, I just, in my mind I think it’s unreasonable. COUNCILMAN STROUGH-The only thing about this, Tim is they can always come to us, explain that COUNCILMAN BREWER-I understand that, John, I just, I’m just telling you that I disagree with what you’re doing. Having said that, I think the law is a good idea but we’re making it awful, awful hard for somebody to come in and put one of these on their property. When you put the waivers in there, you say that anybody can come in but look at the reading that you’ve got, the extraordinary and unnecessary hardships may result from strict compliance. COUNCILMAN TURNER-Yea. COUNCILMAN BREWER-I mean, you might as well say, you know, we don’t want you to have one and that’s essentially what you’re saying in this thing. SUPERVISOR STEC-Well, that’s where we were a month or two ago. COUNCILMAN BREWER-And I disagree with that. SUPERVISOR STEC-Right and we’ve moved way far away from that. COUNCILMAN BREWER-Not a lot, you’ve moved away from it but not that far. I think we should have compliance and restrictions but I think you don’t want to make it so impossible that you’re, that government is looking down on everybody’s back saying you can’t do this, you can’t do that and I’m just, I’m against that I guess. SUPERVISOR STEC-Anything else from the Town Board? COUNCILMAN BOOR-I just, I think it’s a good law. It’s not perfect but I don’t think it’s going to punish responsible users of these furnaces and that certainly isn’t our intent. There, there’s a perception out there that there’s one furnace that’s a problem, there’s actually a couple, there’s three maybe, one is grandiose. But how do you address these things? You address them with something like this that is fair. This is, I hear, Ted, that you’ve got a problem with setbacks and I understand that and Tim thinks that the lot sizes are too small but COUNCILMAN BREWER-Too big. COUNCILMAN BOOR-Too big but you’d like to see them smaller. COUNCILMAN BREWER-Yea. COUNCILMAN BOOR-The problem there is that if you go to something like one acre which there’s large sections of this in the town that are zoned one acre and if everybody had one of those things, you’d have a very unhealthy environment. COUNCILMAN BREWER-But having said that, Roger COUNCILMAN BOOR-Let me just finish and then you can counter because I think, as Dan pointed out in section 8 and John pointed out, there’s a waiver. If there’s somebody out there that’s on a substandard and that would be something less then a three acre parcel according to this law, property and they want to have one of these things and we look at it and it’s obvious that it’s not going to impact anybody else, we might grant them a, I would say we’re highly likely to grant them a waiver. But this at least allows us to prevent the really bad situations and that’s why the law is here because we have no teeth, we have no method of bringing it to compliance, a very unhealthy situation and we know it’s out there and we can’t turn a blind eye to it. So, what we’ve done is we’ve done something that allows us to look at every individual, one of these things and make a judgment call and we put guidelines in here so when people want to put one of these in they can come in, look at this, they go, well, you know I’m close on all these but I’ve got one little problem here, maybe it’s not a big problem, they can come before us and if it’s not, fine. But it allows us to Regular Town Board Meeting, 05-17-2004, Mtg #22 712 say no when we should be able to say no and that’s the important thing, is the health and protection of the public. COUNCILMAN BREWER-And I’m all for that, Roger and I agree with you a hundred percent but we’re talking about a town that’s seventy-two square miles in area and you’re saying to people, if you don’t have anything bigger then a three acre parcel, you can’t just go get a permit and put that thing on there. COUNCILMAN BOOR-No, not COUNCILMAN BREWER-No, let me finish, I let you finish and I thought I was pretty good about it. COUNCILMAN BOOR-You were excellent, actually. SUPERVISOR STEC-And we’re going to try to move on. COUNCILMAN BREWER-There’s approximately twelve to fifteen of these things in this whole town. What does that say to you Roger? SUPERVISOR STEC-That, well, can I interject there? COUNCILMAN BREWER-No, no, not until I’m done. SUPERVISOR STEC-You asked a question. COUNCILMAN BREWER-You come back when I’m done. SUPERVISOR STEC-Alright, easy there … COUNCILMAN BREWER-What I’m saying is, you can put a restriction on these that every person that has one certainly has to get a permit. I’m not saying that you shouldn’t do that and I agree with the intent of the law, don’t get me wrong. But to say that you have to have three acres, and if you don’t have three acres, you’ve got to have extraordinary and unnecessary hardships to come in here, I think is a crock. That’s just my opinion. SUPERVISOR STEC-Alright, John. COUNCILMAN STROUGH-No, I think he just made his point for me, is that number 8 says that if you have extraordinary situations, we’ve got number 8. SUPERVISOR STEC-Can I try to sum up? COUNCILMAN STROUGH-Yea, go ahead. SUPERVISOR STEC-Okay, thanks. We’ve been talking about this for a long time and none of this discussion isn’t anything the five of us haven’t all had already in a workshop so, or privately walking down the street. But, I understand certainly where Ted and Tim are coming from and I think for me the two arguments, the strong argument is one, we can grant a variance, we talked about that. I think the other thing is, frankly I don’t think we’re going to have a lot of these come before us and we can always change the law. So, it’s not like instantly a thousand people are going to be affected by this law. If all of a sudden, two years from now we say, you know what, we’ve had a half a dozen come in and they’re all over, they are all over the three lot, and they’re all on two acre lots, then we look at changing the law. But I’d rather start the law off more strict and ease back then the other way. It’s always easier to start off a little tougher and throttle back. So, I, you know, I think this is a perfect compromise in the sense that we’re not telling anyone that the ones that you got have got to go. We’re not telling anyone you’ve got to live with one next to you that’s obscene. We’re not telling people that own large acres that are no-brainers, hey, what business do we have telling somebody not to have one of these on a five acre lot. But we provide a mechanism for the ones that are marginal and I’d rather us define marginal a little more conservatively from the offset and I think that there’ll be one or two applicants that come before us a year for a variance at the most and if we start seeing a trend that hey, you know what, I mean, I just think we can always Regular Town Board Meeting, 05-17-2004, Mtg #22 713 change the law and we can always grant a variance. So, I don’t thing there’s a downside to starting off a little bit harsh if, you know to use that phrase. But we’ve had this debate, I wanted you all to benefit from the debate. I think it speaks volumes that we’ve had people that were here the other night on both sides of the issue compliment the law. So, I think that here’s an example where, you know what we’ve taken our time, we’ve used almost the full six months on this, it isn’t perfect, no one’s claiming it’s perfect but you know we had people that are on both sides of the issue that I think, I mean I really got a good feeling after that last public hearing that there were two very distinct groups of people that were on opposite ends of the issue and I think that they really could see where the other side was coming from, that we don’t always get that. I think they left here understanding that, you know we couldn’t ban them outright but we couldn’t have say, hey, you know we’re not going to have any regulations at all. So, I’m encouraged that people on both sides of the issue said, hey, you guys did a good job with this, we can live with this. So, but you’re right, I’m not saying it’s perfect and you know, is there any magic to two hundred feet or three acres, you’ve got to start somewhere and you know, maybe five years from now, the next Town Board will have wisdom and they’ll say, you know what, a hundred and fifty and two acres is a better way and they change it and it’s probably a ten minute public hearing to have that change, I’m guessing. But, so I think what we’ve got here, I think we’ve done our homework, I really do. I think we’ve stepped up where the state wasn’t going to step up, you know and I think we’ve got a good workable solution here that will probably used as a model in other communities. There are other communities out there, I got a phone call from the Town Supervisor of Moriah, they’re watching this up there, he’s curious to see what we’re doing, they’ve got a similar kind of situation. So, Vermont has got some serious regulation on it already. So, I think that everyone should feel good that we did our homework and probably a three-two on a issue like this probably says that, you know what, we hit that sweet spot. RESOLUTION ENACTING LOCAL LAW NO.: 4 OF 2004 TO REPLACE CHAPTER 119 ENTITLED “OUTDOOR FURNACES” WITH A NEW CHAPTER 119 REGULATING USE OF OUTDOOR FURNACES IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 270, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 4 of 2004 entitled, "A Local Law to Amend the Queensbury Town Code by Replacing Chapter 119 Entitled, ‘Outdoor Furnaces’ With a New Chapter 119 Regulating the Use of Outdoor Furnaces in the Town of Queensbury,” which Law is intended to ensure that outdoor furnaces are utilized in a manner that is not detrimental to the health, safety and general welfare of the residents of the Town, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board previously held a public hearing concerning the possible adoption of a Local Law with a similar or same title, and WHEREAS, the Town Board did not adopt such law but drafted this new, different version, and Regular Town Board Meeting, 05-17-2004, Mtg #22 714 th WHEREAS, the Town Board duly held a public hearing on May 17, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4 of 2004 entitled, "A Local Law to Amend the Queensbury Town Code by Replacing Chapter 119 Entitled, ‘Outdoor Furnaces’ With a Chapter 119 Regulating the Use of Outdoor Furnaces in the Town of Queensbury,” 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 17 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : Mr. Turner ABSENT: None DISCUSSION DURING VOTE: COUNCILMAN BREWER-Yes, I’ll support the law in that I encourage and respect what the intent of it is. Some of the stuff I don’t, some of the content I don’t support but I’ll support the law as a whole. DISCUSSION AFTER VOTE: SUPERVISOR STEC-Hey, if it’s a problem and we’ve got to revisit it in a year or two, I think we’re all on the same page, it’s just. COUNCILMAN TURNER-I’m not against the idea of it but I think there’s just some things in there that don’t belong in there, that’s where I’m coming from. SUPERVISOR STEC-And that’s reasonable. LOCAL LAW NO.: 4 OF 2004 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY REPLACING CHAPTER 119 ENTITLED “OUTDOOR FURNACES” WITH A NEW CHAPTER 119 Regular Town Board Meeting, 05-17-2004, Mtg #22 715 REGULATING THE USE OF OUTDOOR FURNACES IN THE TOWN OF QUEENSBURY” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: 1. Title and Authority - This Local Law shall be known as the Town of Queensbury Outdoor Furnace Local Law. It is adopted pursuant to Municipal Home Rule Law §10. 2. Legislative Intent – Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This Local Law is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town. 3. Definitions - "Outdoor Furnace" means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space. “Untreated Lumber” means dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance. “Firewood” means trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three inches (3”) in diameter. 4. Permit Required - No person shall cause, allow or maintain the use of an Outdoor Furnace within the Town of Queensbury without first having obtained a permit from the Town Fire Marshal. Application for permit shall be made to the Fire Marshal on the forms provided. 5. Existing Outdoor Furnaces – Any Outdoor Furnace in existence on the effective date of this Local Law shall be permitted to remain provided that the owner applies for and receives a permit from the Town Fire Marshal within one (1) year of such effective date; provided, however, that upon the effective date of this Local Law all the provisions hereof except paragraphs 6(B), (C) and (D) shall immediately apply to existing Outdoor Furnaces. All of the provisions of this Local Law shall continue to apply to existing Outdoor Furnaces which receive permits except paragraphs 6(B), (C) and (D). If the owner of an existing Outdoor Furnace does not receive a permit within one (1) year of the effective date of this Local Law, the Outdoor Furnace shall be removed. “Existing” or “in existence” means that the Outdoor Furnace is in place on the site. 6. Specific Requirements – Regular Town Board Meeting, 05-17-2004, Mtg #22 716 A. Permitted Fuel – Only Firewood and Untreated Lumber are permitted to be burned in any Outdoor Furnace. Burning of any and all other materials in an Outdoor Furnace is prohibited. B. Permitted Zones – Outdoor Furnaces shall be permitted only in the LC-10A, LC- 42A, RR-3A and RR-5A zoning districts as shown on the Town’s Zoning Map. C. Minimum Lot Size – Outdoor Furnaces shall be permitted only on lots of three (3) acres or more. D. Setbacks – Outdoor Furnaces shall be set back not less than 200 feet (200’) from the nearest lot line. E. Months of Operation – Outdoor Furnaces shall be operated only between September stst 1 and May 31. F. Spark Arrestors – All Outdoor Furnaces shall be equipped with properly functioning spark arrestors. 7. Suspension of Permit – A permit issued pursuant to this Local Law may be suspended as the Fire Marshal may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Queensbury if any of the following conditions occurs: A. Emissions from the Outdoor Furnace exhibit greater than 20 percent (20%) opacity (six minute average), except for one continuous six-minute period per hour of not more than 27 percent (27%) opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b); B. Malodorous air contaminants from the Outdoor Furnace are detectable outside the property of the person on whose land the Outdoor Furnace is located; C. The emissions from the Outdoor Furnace interfere with the reasonable enjoyment of life or property; D. The emissions from the Outdoor Furnace cause damage to vegetation or property; or E. The emissions from the Outdoor Furnace are or may be harmful to human or animal health. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a Regular Town Board Meeting, 05-17-2004, Mtg #22 717 condition which has previously resulted in suspension of a permit shall be considered a violation of this Local Law subject to the penalties provided in paragraph 9 hereof. 8. Waivers; Board of Health Ratification - Where the Town Board of Health finds that extraordinary and unnecessary hardships may result from strict compliance with this Local Law, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this Local Law or of jeopardizing the health, safety or welfare of the public. In varying any regulations, the Board of Health may impose such conditions and requirements as it deems reasonable and prudent. The Board of Health may, at its discretion, hold a public hearing as part of its review. If the Board of Health grants the waiver, a permit shall be issued for the Outdoor Furnace. If the Board of Health denies the waiver, the Outdoor Furnace must either be brought into compliance with this Local Law or removed. If the Board of Health does not take any action with respect to the waiver within sixty (60) days from its receipt of an application for waiver, the waiver shall be deemed denied. 9. Enforcement; Revocation of Permit – Failure to comply with any of the provisions of this Local Law shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $500 or imprisonment for a period of not more than ten (10) days, or both, for the first offense. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than thirty (30) days, or both. In addition, any permit issued pursuant to this Local Law shall be revoked upon conviction of a second offense and the subject Outdoor Furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this Local Law. Any fine imposed hereunder shall constitute a lien upon the real property where the Outdoor Furnace is located until paid. 10. Effect of Other Regulations – Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, Adirondack Park Agency, Lake George Park Commission or any other federal, state, regional or local agency. Outdoor Furnaces, and any electrical, plumbing or other apparatus or device used in connection with an Outdoor Furnace, shall be installed, operated and maintained in conformity with the manufacturer’s specifications and any and all local, State and Federal codes, laws, rules and regulations. In case of a conflict between any provision of this Local Law and any applicable Federal, State or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. 11. Severability - The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Regular Town Board Meeting, 05-17-2004, Mtg #22 718 12. Repealer - All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. 13. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. CONTINUED PUBLIC HEARING Proposed Rezoning Of Property Located At The Corner Of West Mountain Road And Gurney Lane From SFR-1A(Single Family Residential-One Acre) To Professional Office(PO) NOTICE SHOWN 8:18 P.M. SUPERVISOR STEC-With that, I’ll open the public hearing on this proposed rezoning on West Mountain Road and Chris if you want to kind of provide some introductory to this public hearing. MR. ROUND, Executive Director-Well, you conducted a public hearing, this is a continuation of a public hearing. SUPERVISOR STEC-Correction, this is a, and we left that public hearing open, I believe. MR. ROUND, Executive Director-Back in April. SUPERVISOR STEC-Thank you. MR. ROUND, Executive Director-The reason for the delay back in April was the Warren County Planning Board had not yet taken action on the proposal. The County Planning Board has since taken action and recommended approval with some stipulations, they just, they had some of the same concerns that you folks have voiced over the last several months, concerns about impact on adjoining land uses and citing homes and I’m not reading that verbatim but you should have a copy of that information in your files. That’s all I had. COUNCILMAN STROUGH-Well, I don’t have a copy of Warren County’s decision, what were the stipulations? MR. ROUND, Executive Director-They can not impose conditions, the County Planning Board, it’s merely advisory, it’s a recommendation of the Board, they recommended approval. I don’t have the original files, I can’t read a copy of it. TOWN COUNSEL HAFNER-They’re not in my file either. COUNCILMAN STROUGH-Well, I don’t think any of us got a copy of it either. SUPERVISOR STEC-I don’t have a copy, I don’t remember seeing a copy either. MR. ROUND, Executive Director-Yea, sometimes you get that level of detail, sometimes you don’t, it just allows you to proceed and take action tonight, it shouldn’t influence you. SUPERVISOR STEC-We don’t need any super majority or anything like that? MR. ROUND, Executive Director-No. COUNCILMAN TURNER-No. SUPERVISOR STEC-Okay. Alright, with that and thank you for correcting me, this is a continuation of a public hearing that was opened some time ago. Is there anyone from the public tonight that would like to comment on this proposed rezoning? Corner of West Mountain Road and Gurney Lane Road, Gurney Lane, Gurney Lane from SFR-1A to Professional Office, that’s the corner of, it would be the southeast corner of Gurney Lane and West Mountain Road. Anyone in the public at all? Yes, ma’am. Regular Town Board Meeting, 05-17-2004, Mtg #22 719 MS. KATHY FRANKLIN-Hi. SUPERVISOR STEC-Hi, good evening. MS. FRANKLIN-My name is Kathy Franklin and I live next door. I have a question. You didn’t last meeting have a definition of what this zoning is, do you have a definition yet? SUPERVISOR STEC-Oh, we do have a definition. MS. FRANKLIN-Okay. SUPERVISOR STEC-We’ve had a definition. I think your statement is that we were considering COUNCILMAN BOOR-Changing it. SUPERVISOR STEC-Changing the definition. MS. FRANKLIN-Okay, have you got a resolution on that? SUPERVISOR STEC-We haven’t, no. MS. FRANKLIN-Okay, so right now you’re proposing to rezone to the existing definition? SUPERVISOR STEC-Correct. COUNCILMAN BOOR-Correct. MS. FRANKLIN-Okay and is that in that piece of information that nobody seems to have right now? SUPERVISOR STEC-No, that’s not related, that’s an internal. MS. FRANKLIN-Can you read me what that definition is, please? SUPERVISOR STEC-I think Mr. Round has pulled it back out. MR. ROUND, Executive Director-What am I, I guess SUPERVISOR STEC-The current definition of what’s allowed in a PO Zone. MR. ROUND, Executive Director-PO Zone, is that we’re you talking about? MS. FRANKLIN-Yes, please. COUNCILMAN BOOR-Actually, it is in here too. SUPERVISOR STEC-In our SEQRA. COUNCILMAN BOOR-Yea. SUPERVISOR STEC-Not our SEQRA but our COUNCILMAN BOOR-No, it’s in here though because I read it. COUNCILMAN STROUGH-Well, it says what’s allowed but it doesn’t describe the zone. SUPERVISOR STEC-It’s not a definition as much as what’s, what are allowed uses. There’s a list, have you found it Chris? MR. ROUND, Executive Director-Yea, I have it in front of me. Professional Office allows Duplex, excuse me, Home Occupations as an accessory use, it allows Duplexes with Site Plan Review. It Regular Town Board Meeting, 05-17-2004, Mtg #22 720 allows Multifamily Dwelling with Site Plan Review. It allows Cemetery, Day Care Center, Health Related Facility, Nursery, Place of Worship, Produce Stand less then one hundred square feet as an Accessory Use. It allows Professional Office with Site Plan Review, a Professional Office within a residence with Site Plan Review, Public or Semi-Public Building with Site Plan Review, School with Site Plan Review. It allows Parking Garage/Facility. It allows Personal Service Business. It allows Seasonal Produce Business. MS. FRANKLIN-Maybe we can go about the other way, what doesn’t it allow? COUNCILMAN BOOR-That goes on forever. MS. FRANKLIN-It might be simpler. MR. ROUND, Executive Director-I read the uses that it allows. MS. FRANKLIN-I had some concerns the last time because we sort of got blindsided the last time we came to a meeting, the next to last time, yea I think it was November we were looking at a residential proposal from our adjoining neighbor. And I went and talked to a few people about what’s happened with this property in the past and one of the things I heard about was, the Glen Lake Committee actually put the kibosh on a proposed truck stop, like the one down on Exit 16, within the last ten years. The neighbor, my neighbor himself actually went with a Professional Office Zoning Proposal and was turned down because it was inappropriate three and a half years ago. So, I’m still not, I still don’t quite understand why this is appropriate now and wasn’t then except that from what I can understand, we’re looking for additional sources of revenue for the Town especially for the School District despite the fact that this is Lake George School District which is fairly well supported by the Outlet Centers and all of the other industry which is on Route 9. So, I kind of wondered why would this be necessary to, for a transition. I never understood transition either but the only thing I can come up with is that you pretty much used up all of Route 9. We have now a new seven story hotel going in, we’ve already got the Great Escape and Martha’s. We’ve got, on the other side of it, all the outlets which is a fair amount of retail and sales tax producing property. There’s not much room for anybody to expand there anymore, it’s pretty much taken up. So, where would you go if you had to, if you wanted to put something else in this area? If you wanted to put, let’s see, a duplex, a multifamily home, a nursery, a produce stand, professional offices. Well, there aren’t that many places left so you could go around the corner and put it on West Mountain Road. That’s the only transition that I can see, is from commercial to residential through professional office. I don’t think it’s a good idea because I think it’s too vague and I think this is, opens up too many possibilities without any kind of restraint and I would, I mean last, the last meeting I was, I mean, I think people of, what is the word I want, good intents are very valuable and I think you guys are basically people of good intent but I think that zoning exists because people of good intent are A, not always in charge, B, this is not the committee that’s always going to be in charge and there’s no way of saying that this transition is not a transition in time from Single Family Residential to a Professional Office to all of a sudden Commercial. The pressure on that area may be quite strong to be a Commercial area because Route 9 has been eaten up and when we bought the property and it was Single Family Residential it seemed like a fairly reasonably safe and quiet place to have a family. I think my neighbors with their kids thought that too. The other thing I don’t, don’t like, that’s about as clear as I can be, is the method by which this has all happened. We, not all the neighbors were notified. Most of the neighbors were gone. Ones in Denmark, one was in Florida, Dolores was with her sister. It came out of the blue, literally came out of the blue. We came because we thought we wanted to see our neighbor’s next proposal to make his cluster housing was going to be like and it turned out to be something absolutely different and not even, even though it was called as a landowner wanting to change the zoning, it wasn’t the landowner who wanted to change the zoning, it was the Town wanting to change the zoning and going through the landowner to do so and that’s not, that’s not a fair notice, I think and I still don’t think, I mean, nobody got, nobody on my block got a message saying, you know, we’re continuing this discussion, we haven’t really decided whether or not this definition of Professional Office Building is going to stand or is going to change or how it may change. None of that has happened and I don’t think that’s appropriate and that’s not to take away from your efforts at making a good faith effort to make this a good Town to live in which is I think basically your reason for being. I just don’t think that it’s, this in this particular case it seems to be going in that direction very well. It seems to be more rolling along on it’s own steam. For instance, did you ask, did you send the Glen Lake Committee a notification? They are, this is the Glen Lake Watershed, there’s a Class A Trout Stream next door. There is some environmental impacts that may be, maybe should be taken into Regular Town Board Meeting, 05-17-2004, Mtg #22 721 consideration apart from community feel, I mean, just physical environmental impacts especially given the amount of development going on across the way, across the Interstate with the Great Escape and that. If we seem hostile, I don’t mean hostile or, I’m truly nervous. It maybe because there’s an enormous amount of change going on in our particular neighborhood and we’ve already, our area has already generated lots of money. I mean, Route 9 has generated lots of money. It’s very hard to go north and south on any route in the summer, I mean Route 9 is virtually impassable. It takes fifteen minutes to cross over 49 to get across the south bound exit lane from the Interstate as it is, as it stands now. So, if you have a school, a nursery, a produce stand, or a homeowner services on that corner, how much more traffic is going to be there? Do we need more homeowner services? In two and a half miles from my house, I can get my haircut. I can buy my groceries. I can get my car fixed. I can go to any number of four different shopping areas, one of which, that fairly attractive one where the woodworker’s warehouse has had at least twenty or twenty-five different small professional office building and retail shops come and go in the last two years because there’s not a need, there’s no need for that particular, that particular zoning. There’s no need for another one of those, we’ve got enough shopping centers. We’ve got enough. So, I don’t know, I just think it, I don’t know that it’s ill-advised because I don’t know enough about it and I don’t think we can know enough about it if you’ve got to, if it’s introduced the way it’s been introduced and if you, you have an array of items that could go in there. And, and no guarantees that once you’ve made a transition to Professional Office that you don’t go to full blown Commercial. Anyhow, I apologize if, especially last, the last meeting we were rude, I guess that’s the best word for it because we’ve been to several of these meetings not involved with this and I think you guys do a very good job and you work hard at it and it’s obviously thankless, primarily thankless. But there’s something, there’s something about this whole thing that doesn’t seem like it’s been considered in the same way. For instance your last, the thing on the furnaces was considered carefully. Thank you. SUPERVISOR STEC-Thank you Ms. Franklin and just for the record, I’ve seen rude and you weren’t rude either the other night or tonight but thank you for your comments. Anyone else like to speak on the, Mr. Salvador. Proposed rezoning, right? MR. JOHN SALVADOR-Indeed yes. My name is John Salvador. I recall the discussion around this particular parcel of land during our Comprehensive Planning sessions, probably eight years ago and it was recognized then that this land had very little utility as residential property and you should check the minutes of the committee meetings because the discussion is there. However, the decision was made to leave it as it was, recognizing that it had no utility as residential property. I think addressing it the way you’re addressing it now you run the risk of being guilty of spot zoning. You’re entertaining this thought for the benefit of someone who wants to do just that, a Professional Office complex. Mr. Round read a list of uses, there’s a difference between a permissible use, an allowable use with Site Plan. What are the permissible uses in a Professional Office Zone or in SUPERVISOR STEC-I thought I heard him differentiate but I could have been wrong. You did say with Site Plan for several of the last few. COUNCILMAN BOOR-Yea, some of them were. MR. SALVADOR-Well, I think most of them were with Site Plan. SUPERVISOR STEC-Well COUNCILMAN BOOR-Well, what’s your question then? SUPERVISOR STEC-Well, Site Plan is going to be required on the site regardless, yes. MR. SALVADOR-In a zoning district, has to have some kind of a permissible use, a use of right, okay and what will this have? It can’t have everything with Site Plan Review, that’s not a right, that’s a discretionary privilege that the Planning Board can give for development. So, the owner of this property has MR. ROUND, Executive Director-All uses require Site Plan Review. SUPERVISOR STEC-That’s what I was going to say. MR. SALVADOR-Pardon me? Regular Town Board Meeting, 05-17-2004, Mtg #22 722 MR. ROUND, Executive Director-All the listed uses are, require Site Plan Review. SUPERVISOR STEC-Right, that’s what I thought too. MR. SALVADOR-That’s improper. That is improper. The property owner does not have a right to use, any right to use his property without Site Plan Review. That’s a condition, that’s a discretion that this Town has to either grant or deny the permit and doing it this way I think it’s a classic case of spot zoning. Thank you. SUPERVISOR STEC-Thank you, sir. Anyone else like to speak tonight on the proposed rezoning? Okay, with that I will close the public hearing. PUBLIC HEARING CLOSED 8:34 P.M. SUPERVISOR STEC-I’ll entertain comments or discussion from Town Board Members. COUNCILMAN BOOR-I’ll start and cut me off, alright? SUPERVISOR STEC-No. COUNCILMAN BOOR-Mr. Salvador made a great point and that was that it was recommended for Professional Office, the Comprehensive Land Use Plan recognized that. SUPERVISOR STEC-Yes they did. MR. SALVADOR-No, excuse me. COUNCILMAN BOOR-Well, its my turn to talk and that’s the way I read it and I’m talking now. And the other thing is, the applicant is willing to take any kind of zoning. So, the notion that the applicant is coming to us and asking us to change it is not correct. We are trying to do what we think is best for that, I should say I would like to see it go to Professional Office because I think that’s the best use for that piece of property. It’s quite obvious to me that in the future and I’ve said this a million times and I’ll say it again, that whole interchange is going to be reconfigured, I think it’s going to make it exceptionally difficult to have any kind of quality of life as a residential neighborhood right on that property that we’re talking about. As Chris pointed out, anything that would go in there under Professional Office would have Site Plan Approval, would require it. Planning Board, I’m sure is going to take a good hard look at whatever we do, whether we rezone it or don’t rezone it. Traffic is going to probably the same whether it’s residential or business. Certainly under Professional Office there will be less curb cuts so I think that area might in fact be safer, hard to say. But I am seeing a disturbing trend in the Town and that’s where Boards are starting to jerk applications around. We’ve got the paintball issue, we’ve got a couple of others and the applicant in this instance has been working with us, he will do whatever we want. He’s been more then affordable and we seem to want to be stringing him along and unable to come up with a decision for what I think is very common sense for what we should do here and this trend is getting disturbing. This guy, this applicant I think has good intentions although we’ve got to look at the worse case scenario but that’s what the Planning Board will do, that’s their job. I don’t think they’re going to let some ridiculous business go in there that’s going to cause traffic problems, noise, pollution and everything else. So, we’ve got to have a little bit of confidence in them and we’ve got to let them do their job and the notion that that property is best suitable for homes, I have to disagree with. I grew up in that side of Town and I think it would be a real mistake to put homes in there. The applicant has also said he’s willing to work with us on a continuous bike trail. You know, it’s a rarity that we get somebody that’s willing to do as much as this applicant is willing to do and he’ll take any zoning. He’s not asking for COUNCILMAN BREWER-He’s got zoning now. COUNCILMAN BOOR-So, I think we have to look out for the best interest of the Town and I think the best interest of the Town are Professional Office as the Comprehensive Land Use Plan recommended, not this Board but an independent group. So, that’s all I have to say. Regular Town Board Meeting, 05-17-2004, Mtg #22 723 SUPERVISOR STEC-Before I continue, Town Board, Chris if you could share with the public the 1998 Comprehensive Land Use Plan, what the composition, how that plan was developed and the recommendation that came out of that plan on this particular piece of property specifically. st MR. ROUND, Executive Director-The Town Board adopted the 1998 Comp Plan September 21, 1998. I arrived at the tail end of that process, it was a process that involved numerous public outreach and numerous meetings. The Board had appointed a Citizens Committee. SUPERVISOR STEC-There’s a committee, though, I mean. MR. ROUND, Executive Director-A Citizen’s Advisory Committee. COUNCILMAN BOOR-Their recommendation. MR. ROUND, Executive Director-I don’t have that listing but it did, there was some turn over, it involved Planning Board, Zoning Board, general public, concerned citizens. There was a recommendation, just to clarify the record, there was a recommendation in the Comp Plan to make that amendment, that amendment did not pass as the Town proceeded through a re-drafting of it’s Zoning Ordinance which was adopted in 2002. That particular amendment included both sides of West Mountain Road, the property that we’re talking about as well as property that’s on the west side of West Mountain Road and bounded by Gurney Lane or Old West Mountain Road, part of Old West Mountain Road touching adjoining property and to north of the County Annex. So, that property, that amendment failed during the Town-wide Rezoning. There was an applicant that came forward, the property owner of the property in question asked for the property to be zoned from SFR to Suburban Residential, that occurred last Fall, the Town Board basically tabled that application and suggested that the project be zoned Professional Office. And that’s, rather then rehash all that, I think that’s how we got to where we are right today. SUPERVISOR STEC-Okay. COUNCILMAN BREWER-Dan, can I just SUPERVISOR STEC-Yea, Tim. COUNCILMAN BREWER-Can I add something that, Roger I understand exactly what you’re saying but as you said, it was recommended by a committee to rezone this to Professional Office. That’s just what it was, a recommendation and the Town Board at that time felt that was the wrong recommendation, otherwise, they would have made it Professional Office. COUNCILMAN BOOR-I voted for it. COUNCILMAN BREWER-My contention is, they did it as they did for whatever reason, I wasn’t there. COUNCILMAN BOOR-No, we, yes we COUNCILMAN BREWER-Well, maybe we were there COUNCILMAN BOOR-Did vote on it and it was a two three COUNCILMAN BREWER-If we did then there was a reason COUNCILMAN BOOR-It was two three COUNCILMAN BREWER-And when you say that we’re jerking around an applicant, we’re jerking ourselves around because there is no applicant, as you said. We are the applicant. You chose to pick this piece of property to have it rezoned, not the owner of the property so I take offense to that. SUPERVISOR STEC-You mean, you being the Town Board. The Town Board, you’re right, it was, there is no, he’s not an applicant. Regular Town Board Meeting, 05-17-2004, Mtg #22 724 COUNCILMAN BREWER-Right, so don’t say we’re jerking people around when we’re not. SUPERVISOR STEC-Well COUNCILMAN BREWER-And the other thing is, we have, let me finish, we have asked and discussed changes to that zone, it’s my feeling if you’re going to make changes to a zone, don’t start rezoning properties to a zone before you make the changes. SUPERVISOR STEC-And I know John feels similarly on that point. COUNCILMAN STROUGH-Yea, well, I do, I feel that the public has a right to see what the proposed Professional Office Zoning will be. I didn’t see an immediacy to rezoning this nor am I going to vote on it anyways because I own the property on the opposite side of the road. So, if I voted for it, it might look like a conflict of interest. If I voted against it, it might look like a conflict of interest. So, I’m going to recuse myself but I do agree with Tim that I thought we should have the zone Professional Office zoning rewritten in accord with what we would like before we rezone this property but like I said, I’m not going to vote on it. SUPERVISOR STEC-And Chris and I had a conversation today, Chris could you enlighten us all with what we discussed as far as, I did not get the impression, not my intent that we have a significant change to make to the PO Zone. COUNCILMAN BREWER-Maybe you don’t, Dan or maybe Chris doesn’t but we have discussed several items in that zone that we would like to change. If we’re going to change them, I don’t have a problem looking at a rezoning but if we don’t have an applicant, why is the Town picking this piece of property, going, saying let’s change the zone? Answer me that question. COUNCILMAN BOOR-Because it was recommended in the Comprehensive Plan. COUNCILMAN BREWER-But we didn’t do it Roger when we did the whole Town rezoning. COUNCILMAN BOOR-You’re asking a question and I’m answering the question, Tim. COUNCILMAN BREWER-You’re missing the point. COUNCILMAN BOOR-You’re asking why, because that was the recommendation and the applicant would be okay with that. COUNCILMAN BREWER-I’m sure he would. SUPERVISOR STEC-And I’ll add to that question, Mr. Round, has the Town rezoned along this path before without an applicant? Has the Town done staff initiated COUNCILMAN BREWER-Yea, we have. MR. ROUND, Executive Session-Yea, I think we addressed this issue at the last month’s meeting, is that the Town does from time to time revisit property zonings and looks and makes recommendations and takes action on properties specific rezoning or more regional or you know, corridor-wide rezoning. SUPERVISOR STEC-And as far as the changes that you think we’re talking about for the PO Zone. MR. ROUND, Executive Session-Yea, I think you know we’ve gotten, I think the debate that you folks are having tonight is reflective of different opinions, number one. SUPERVISOR STEC-Usually, a debate is. MR. ROUND, Executive Director-Yea. You suggested some changes I think to the PO Zone with this particular property in mind, trying to address some specific issues. At our last meeting, we had th a workshop back on March 29, I don’t think there has been a clear consensus of what those changes are. We had suggested, we’ve sent the Board several memos about select changes to the PO Zone and categorically they’ve included, they’ve tried to address concerns about what are the Regular Town Board Meeting, 05-17-2004, Mtg #22 725 allowed uses in the PO Zone. I think the speaker tonight from the public addressed concerns about the wide variety of personal service uses that are allowed in the PO Zone and would the Town Board like to revisit those, narrow that definition, eliminate those type of uses and I don’t think we’ve gotten clear direction from the Board which approach you’d like to take. My memo to you today suggested another option, is make sure that that, if it was a personal service use that you limit it to, inside an existing professional office and make sure, you know language to make sure that it’s subordinate to the primary use and not another commercial zone. SUPERVISOR STEC-And to Roger’s point, to interrupt for a second, the owner not applicant, I agree with you Tim, but the property owner has been cooperative and has stipulated a wide amount of flexibility as to if we want to limits on it such as the one you’re suggesting, that I’m confident that the property owner is cooperative and the effort that we’re talking about. I think that’s fair to say but he’s not here tonight. MR. ROUND, Executive Director-So again, in our memo today and I think that the debate that you’ve had over the last several months is, you know, the concern about citing a residential use on this property, if we’re going to allow residential use to continue to be an allowed use on this site, should we look at, you know revised setbacks to the Northway, changes in density and our memo today suggested that setback issue is really something the Planning Board has dealt with, you know, citing and creating setback for a specific property. We didn’t think that to be good, good policy and then again, our concern in general, broader then this property was the amount of multifamily housing that’s been constructed in our Professional Office Zones and we proposed something for your consideration, is look at only allowing multifamily housing on sites that had wastewater, municipal wastewater services. SUPERVISOR STEC-And in fact, I think that the owner did state and correct me if I’m wrong, that he was not interested in pursuing multifamily which is a concern that we do share in the PO Zone. MR. ROUND, Executive Director-Well, again, I think, there wasn’t any clear consensus on what those changes should be. I think the Board Members debated it back the end of March and I think what we, it was generally split or maybe there was a majority vote that said, let’s proceed with this project separate but in parallel with the rezoning and I think that’s what you have a continuation of th that debate that you had back on the 29. TOWN COUNSEL HAFNER-Yea, but let me just make it clear, what you’re considering tonight is a rezoning under our current Zoning Ordinance. SUPERVISOR STEC-Correct. Absolutely. TOWN COUNSEL HAFNER-These other possible changes are not SUPERVISOR STEC-May or may not happen. TOWN COUNSEL HAFNER-Are SUPERVISOR STEC-That’s right. TOWN COUNSEL HAFNER-not part of SUPERVISOR STEC-We’re considering it under the current PO Zone, period. COUNCILMAN BOOR-Exactly. TOWN COUNSEL HAFNER-Correct. SUPERVISOR STEC-Absolutely. MR. ROUND, Executive Director-And I think there’s a couple of members that would like to see the changes happen before you take the rezoning and there are some of you that are comfortable without that and I think that’s where you guys are. SUPERVISOR STEC-I think that’s very fair. No, I think you’re absolutely right. Regular Town Board Meeting, 05-17-2004, Mtg #22 726 COUNCILMAN BREWER-I think that’s a fair statement Chris but if there is no applicant, we are the applicant and my contention is that we have had discussions about changing the PO Zone, end of sentence. Why are we in a rush to change this if there’s no applicant? That’s my only question and nobody can seem to answer that. I don’t know if, why Roger’s in a hurry to do it or Dan is. COUNCILMAN BOOR-I’m not in a COUNCILMAN BREWER-Or Ted COUNCILMAN BOOR-He, because COUNCILMAN BREWER-Whomever is. COUNCILMAN BOOR-Tim, the reason is, is he doesn’t know what to build because he doesn’t know what the zoning is going to be. COUNCILMAN BREWER-The zone is what it is, Roger. COUNCILMAN BOOR-No, he originally asked to go to SF… COUNCILMAN BREWER-And we say no. SUPERVISOR STEC-He was ready, he was ready to cluster and we asked him not to. COUNCILMAN BOOR-No, he went to SR, it’s from Single Family COUNCILMAN BREWER-And we say no, right? COUNCILMAN BOOR-No, we didn’t, we SUPERVISOR STEC-No, we didn’t tell them no, we couldn’t tell him no. COUNCILMAN BOOR-That’s my point, Tim, we didn’t say no. SUPERVISOR STEC-We asked him to hold off. COUNCILMAN BREWER-So, you find a zone so he can find what to build. COUNCILMAN BOOR-No. SUPERVISOR STEC-Well, well COUNCILMAN BREWER-I don’t want to do that. SUPERVISOR STEC-We’re going back to the Comprehensive Land Use Plan, we didn’t dream this up. COUNCILMAN BOOR-We’re going to go by their recommendation, not ours. SUPERVISOR STEC-Absolutely. COUNCILMAN BOOR-Not my recommendation. COUNCILMAN BREWER-I understand it was not our recommendation but why all of a sudden Roger, when the guy wants to know what to build, is that a good recommendation but three years ago it wasn’t a good recommendation. That’s what I’m trying to get through your head. You guys do what you want to do, I’m going to do what I want to do. SUPERVISOR STEC-Ted, what do you have to say? Regular Town Board Meeting, 05-17-2004, Mtg #22 727 COUNCILMAN TURNER-Well, I’ll tell you, I’ve looked at this piece of property, one, two, three, this is the third time. SUPERVISOR STEC-Yea, I know, I’ve been there every time. COUNCILMAN TURNER-Yea, no, no, not with you guys but before this and this guy has had the same problem since the beginning but I think now the way things are settling in over there, with all the building, with the Great Escape and with county buildings and the other buildings that are around, that certainly is a piece of Professional Office property. SUPERVISOR STEC-See, my feeling is, the guy came to us and Roger, I think hit the nail on the head, not that it affords anyone special consideration but I think it’s, I think it’s an important factor for us to acknowledge that the owners been cooperative with us and the owner proposed residential. The Town Board, I don’t think thinks that residential is a very good idea. If we don’t change the zoning, he had, I mean he had a proposal to put in fifteen houses and umpteen curb cuts and COUNCILMAN BOOR-There was a plan. COUNCILMAN BREWER-And if he can provide the information to the Planning Board, then he should be allowed to do that. SUPERVISOR STEC-But we asked him not to because we didn’t think that was a wise COUNCILMAN BREWER-No, we didn’t say, we as maybe one or two of you said that, not all of us. SUPERVISOR STEC-Well, the majority of us did COUNCILMAN BREWER-Okay. SUPERVISOR STEC-Say we would like to consider something other then residential there, right? You thought residential was a good idea? COUNCILMAN BREWER-I didn’t say that, I said you’re speaking COUNCILMAN BOOR-Well, he’s got a right to do something with his property, Tim. SUPERVISOR STEC-Right and if we COUNCILMAN BREWER-But let him propose a project, Roger. I don’t want to go looking for pieces of property to rezone for people. SUPERVISOR STEC-Anyways, anything else from the Town Board. COUNCILMAN TURNER-No, I said my peace. COUNCILMAN STROUGH-Well, just some housekeeping details. When do you want to take care of those, after the public hearing? SUPERVISOR STEC-Take care of what, the housekeeping? Well, I close the public hearing so we’re on housekeeping now. COUNCILMAN STROUGH-Number 6 on page 3 of 21. TOWN COUNSEL HAFNER-Of the SEQRA? COUNCILMAN STROUGH-It says to be confirmed. Has that been confirmed? MR. ROUND, Executive Director-No is the correct response in that regard. COUNCILMAN STROUGH-So, it has been confirmed. Regular Town Board Meeting, 05-17-2004, Mtg #22 728 MR. ROUND, Executive Director-Yea. COUNCILMAN STROUGH-Alright, number 11 on page 4 of 21. It says New York State Natural Heritage Program to be COUNCILMAN BOOR-Well, the question, John the reason, the reason I saw these too, but no matter what gets built that has to get, it doesn’t have anything to do with whether it’s …, with the zoning, it has nothing to do with the zoning. COUNCILMAN STROUGH-You have a SEQRA Form that remains unfinished, Roger. COUNCILMAN BOOR-I know, my point is COUNCILMAN STROUGH-That’s my point. COUNCILMAN BOOR-Yea, but I mean it’s COUNCILMAN BREWER-You’ve got to answer the SEQRA question before you can rezone it. COUNCILMAN BOOR-Whether you build a house or you build a store, that has to get answered. COUNCILMAN STROUGH-Listen, I’m just writing what staff has written and said, has not been completed yet. COUNCILMAN BOOR-Right. COUNCILMAN STROUGH-Right. COUNCILMAN BOOR-And I’m just, my question is what, you know how does that, affected by whether it’s a business or a residential. COUNCILMAN STROUGH-I’m not voting on this, but you want to have a COUNCILMAN BOOR-I know but we haven’t got there yet so why are you getting SUPERVISOR STEC-Well, let me ask this question of staff, are you prepared to walk us through a SEQRA? MR. ROUND, Executive Director-Yea. SUPERVISOR STEC-Okay. COUNCILMAN STROUGH-Okay. So, MR. ROUND, Executive Director-John, to answer Mr. Strough’s question, Item 11 should be checked no. COUNCILMAN STROUGH-No. MR. ROUND, Executive Director-And then, it is still subject for further … COUNCILMAN STROUGH-Well, it’s unchecked. MR. ROUND, Executive Director-You’re right. COUNCILMAN STROUGH-Yea, I know. MR ROUND, Executive Director-I’m answering, I haven’t debated you, I’m answering the question. Regular Town Board Meeting, 05-17-2004, Mtg #22 729 COUNCILMAN STROUGH-Okay and number 16d on page 6 of 21, 16 says will the project generate solid waste? Well no, not until we have an application in front of us and why is 16d answered no? MR. ROUND, Executive Director-It should COUNCILMAN STROUGH-It just should not be answered. MR. ROUND, Executive Director-It just shouldn’t be answered. COUNCILMAN STROUGH-It should not be answered, that should be MR. ROUND, Executive Director-Yea, that’s the difficulty with assessing an environmental impact, typically you’re looking at physical construction projects and that’s why COUNCILMAN STROUGH-Well, I just said this is housekeeping details, it’s not me talking for or against and number 11 on page 10 or 21, it says will the proposed action create a demand for any community provided services, recreation, education, police, fire protection. It’s not creating anything, the rezoning is not creating anything. MR. ROUND, Executive Director-So it should read no, I agree with you. COUNCILMAN STROUGH-So, it should read no. MR. ROUND, Executive Director-Yea and so then 11a you would omit in the response. COUNCILMAN STROUGH-And the rest of it’s fine. MR. ROUND, Executive Director-Okay. SUPERVISOR STEC-I have a housekeeping question myself for staff and the attorney. If we move forward with this tonight and it does not pass and this is a staff generated application, what does that mean as far as bringing this or a similar resolution to rezone, or a project or the applicant applying in the future? It has to be significantly different? No, we can do it next MR. ROUND, Executive Director-It’s a legislative proposal. COUNCILMAN BOOR-It wouldn’t be any different. SUPERVISOR STEC-Alright, I wanted to make sure I was TOWN COUNSEL HAFNER-You can bring it up again. I mean they can ask you to SUPERVISOR STEC-I wanted to COUNCILMAN BOOR-It’s a good question. SUPERVISOR STEC-I wanted to make sure we were clear on that, alright because I think that’s important. TOWN COUNSEL HAFNER-And you don’t have to listen to it in a future time, I mean, it’s your discretion whether or not SUPERVISOR STEC-Right, I just wanted to make sure. TOWN COUNSEL HAFNER-To decide, you can we’re not interested. SUPERVISOR STEC-Anything else for the good of the order? Alright, the public hearing is closed, we have a SEQRA included as part of this. Mr. Round, correct? COUNCILMAN BOOR-A long one. Regular Town Board Meeting, 05-17-2004, Mtg #22 730 SUPERVISOR STEC-We have a SEQRA included with this resolution. Alright, I will entertain a motion. COUNCILMAN BOOR-I’ll make a motion. SUPERVISOR STEC-And I will second it. MR. ROUND, Executive Director lead the Town Board through the following Full Environmental Assessment Form, Part II FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND NO 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, NO geological formations, etc.) Specific land forms: IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Regular Town Board Meeting, 05-17-2004, Mtg #22 731 Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Regular Town Board Meeting, 05-17-2004, Mtg #22 732 Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES NO 10. Will the proposed action affect agricultural land resources? Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or Regular Town Board Meeting, 05-17-2004, Mtg #22 733 create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological NO importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or NO recreational opportunities? Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. Regular Town Board Meeting, 05-17-2004, Mtg #22 734 IMPACT ON TRANSPORTATION NO 15. Will there be an effect to existing transportation systems? Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH NO 18. Will proposed action affect public health and safety? Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Regular Town Board Meeting, 05-17-2004, Mtg #22 735 Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? NO Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? MR. ROUND, Executive Director-You have a negative declaration drafted for your review. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY LOCATED AT THE CORNER OF WEST MOUNTAIN ROAD AND GURNEY LANE FROM SFR-1A (SINGLE FAMILY RESIDENTIAL – ONE ACRE) TO PROFESSIONAL OFFICE (PO) RESOLUTION NO.: 271, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 288.-1-63 and 288.1-64 located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury from SFR-1A (Single Family Residential - One Acre) to Professional Office (PO), and Regular Town Board Meeting, 05-17-2004, Mtg #22 736 WHEREAS, the Town Board previously received a request to rezone the subject properties from SFR-1A to SR-1A, and the Town Board did not take any action, and WHEREAS, the Town Board communicated its preference for designating the property Professional Office (PO) consistent with the 1998 Comprehensive Land Use Plan adopted by the Town Board, and th WHEREAS, on or about May 12, 2004, the Warren County Planning Board considered the proposed rezoning and recommended approval, and WHEREAS, the Town Board duly conducted public hearings concerning the proposed thth rezoning on April 19 and May 17, 2004, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.’s: 288.-1-63 and 288.1-64 located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury from SFR-1A (Single Family Residential - One Acre) to Professional Office (PO), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, Regular Town Board Meeting, 05-17-2004, Mtg #22 737 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Boor NOES : Mr. Brewer ABSENT: None ABSTAIN: Mr. Strough DISCUSSION BEFORE VOTE: SUPERVISOR STEC-Any further discussion from the Town Board on this resolution. COUNCILMAN BOOR-Just, I would only say to the public, just so your understand this, when you hear all these no’s, there no because it’s just the rezoning, we’re not talking about any physically, physically changing anything on the property, it’s just a rezoning. SUPERVISOR STEC-Site Plan may in fact require another SEQRA. COUNCILMAN BOOR-That may trigger another SEQRA, so. SUPERVISOR STEC-That’s a good point. (vote taken) GIS PRESENTATION MR. ROUND, Executive Director-The Town has been operating and owning Geographic Information System Technology for approximately eight years and approximately three years ago, three and a half years ago we received a seventy-five thousand dollar grant to pursue a change in how we deliver GIS services. Part of that successful grant application included monies to fund GIS delivered over the internet to Town Staff. Part of that money was, allowed us to change our GIS platform from Map Info Technology to Arcview Technology and I think over the last several years we’ve done a great deal to advance that. You’ve seen maps produced with GIS Technology and the Regular Town Board Meeting, 05-17-2004, Mtg #22 738 map aspect or the cartography aspect is really very minimal part of what GIS is capable of doing. Two years ago the Town hired George Hilton as our Planner, replacing a vacant planning position with some staff turnover. What George brought to us also was some extremely good technology background that George has had using GIS Technology for probably seven or eight years. George is going to walk you through a little bit about what we have available and a little bit about what we do. MR. GEORGE HILTON, Planner/GIS Specialist-GIS stands for Geographic Information Systems, a database attached to physical features, be it your parcel data, streets, waterlines, streams, water bodies. With that physical feature you have information behind it such as, in the case of water bodies or streams, water quality. In the case of your parcels, you do have such information such owner, assessed value, type of structure, the list goes on and on…. The presentation will focus on these four items, the creation, presentation, analysis and specific application development. Data Creation is probably one of the most important, without data you can’t really do anything, you can’t do any kind of specialized analysis. (referred to slide show) Some examples of data maintained by Community Development Department are zoning districts and subdivisions, primarily the two big ones. We do digitized new roads as they come online, we add the district extensions, the infrastructure. With the rate of development in the Town of Queensbury we’re quite busy maintaining these data sets and creating additions to these data sets on top of our planning duties…. Data Creation, you have to consider physical relationships of the data you’re creating to other data sets, there’s more involved, you’re taking into consideration directions, bearings, distances, lengths, all that that goes above and beyond just plopping some lines on a piece of paper… (showed sample, the subdivision map of the Town of Queensbury) What you see here is approximately three hundred and thirty-three subdivisions across Town. But as I mentioned, with the information system component, you get a database that tells you not only the subdivision name but when it was approved, number of lots, parcel size, whether it’s a cluster, whether it’s residential, the zoning at the time, a wealth of information that from this point forward once it’s built into the database allows you to do any number of queries and extract vast amounts of information. Once the data is created, one of the primary and traditional uses I would say of the data is presentation and this is a sample of our zoning map, we’ve made it available as a map series for sale, we’ve also put it on the internet but that’s a typical use of the data once it’s created. This is a topographic map, the exact map that’s sitting behind Chris and again, once that data is created, you can certainly display and answer any number of questions and provide a wealth of information to the public. As I mentioned the Town’s website has been updated to include a GIS component, we have made a map series available to anyone with internet access. You can go and look at your property zoning, you can look at wetlands maps, cultural features, there’s any number of questions that can be answered and as long as you have internet access and you have the desire, you can go on line and take a look at these maps, download them for free, there all available at our website…. We do have any number of maps available and the list keeps growing every day available for anyone to download or take a look at. That’s another thing we’ve been doing here with the technology, once we’ve created the data, we make it available to the public. The key part of GIS is the analysis. The fact that you have a database or multiple databases created, allows you to do any number of queries. This specific example is an attempt to answer the question, how many vacant parcels are there in Queensbury with access to water and sewer and to do that you’ve got to look at your parcel database, your water district database and your sewer database and through the queries and the menus that are shown here on the screen, you can boil that down to these parcels in red. They’re vacant parcels, they’re within the districts. This is a very powerful tool, at this point you can extract a variety of specific bits of information from these parcels, as I said, ownership, assessed value… Graphical Analysis is another component, another analysis feature. You can take the database, you can summarize it, you can present it a chart or a some kind of graph, you have the ability to present this data in many different ways, this is just another way. Another example of the analysis, Population Analysis. This may be a map some of you have seen, the purpose of this map is to provide information on the school population within the Queensbury School District and with overlaying the school district data as I’ve done here, using population data based on the census bureau figures, you can do this for any district within the Town of Queensbury. Proximity Analysis, this is distance from each firehouse within the Town of Queensbury and this is something we have the ability to do and we’ve actually done where we can plot the location of the firehouses as you see here in concentric circles or rings around each one that tell the actual distance to each firehouse. From that you can build an application or some analysis that would tell you, or attempt to tell you predicted response times. Along with some of the applications I’ve shown you, we have two databases, Govern and RPS which we typically use and those databases contain such information such as building permits for example. They may have other bits of information that typically aren’t in the GIS database that I’ve Regular Town Board Meeting, 05-17-2004, Mtg #22 739 mentioned but that’s easy enough to join together with this database and here I’ve given an example of building permits, single family residential building permits in a section of Queensbury between 1999 and 2003. This is helpful, what you’re doing is you’re adding a physical component to the building permit instead of just looking at the data and seeing where, or recognizing that there was a building permit, you can look at see in which areas of the Town the most development is occurring, where the development is occurring and help plan your services in the future accordingly. As far as application development as Chris mentioned, we typically at the Town of Queensbury have been using GIS over our internet, we received a grant to purchase the software package ArcIMS and this is typically what our users within the Town of Queensbury see. It allows them access to query zoning and building permit data and some of the uses that I’ve mentioned on our local internal network and it’s very quick, very user-friendly and in some cases it’s maybe not as robust or provides as much functionality as some people need but in a lot of cases, it helps answer many, many questions very quickly and easily. We’ve gone and extended this capability, personally in the Community Development Department by building applications such as this, using the Orthophotos, these Orthophotos are state-wide, they’re flown in a cycle, they’re available to everyone obviously across the world and using these images in creating this application, we’re allowing our Town Employees to access this information and be able to derive the benefits from it. Additionally I’ve built additional applications here that allow a user to quickly query a parcel, obtain information wetlands, slopes and produce a quick map that you can hand to the customer and potentially give them some answers to their questions. That’s a quick overview. Thank you. MR. ROUND, Executive Director-It’s very difficult to give you a broad overview of the capacities that we have in our office. I think GIS is very powerful and it allows you to present information in a graphical format, it allows you to join data and present data in a form or a format that the public and that many people are used to looking at. Rather then having to look at a table of information, some people are tabular in nature, some people are graphic and I think most people can relate to a map and we hope we shared a little bit of that information with you tonight. CORRESPONDENCE DEPUTY TOWN CLERK BARBER read the following Memorandum: To: Daniel G. Stec, Town Supervisor Town Board Members From: James T. Coughlin, Solid Waste Facilities Operator Date: April 26, 2004 Re: Free Tire Disposal Day th On Saturday, April 24, the Town held a very successful free Tire Disposal Day. The Town received 1,380 tires, or approximately 18 tons, and the disposal fee for this service was $85 per ton. So the Town’s approximate cost for the day was $2,757.71 as set forth below: 667.71 - Labor Cost 560.00 - Hauling Cost 1,530.00 - Burn Cost $2,757.71 - Approximate Total (on file in the Town Clerk’s Office) DEPUTY TOWN CLERK BARBER noted that the Solid Waste Month-to-Yearly Report for April 30, 2004, Building & Codes Monthly Report and Town Clerk’s Monthly Report for April 2004 has been received and filed in the Town Clerk’s Office. Regular Town Board Meeting, 05-17-2004, Mtg #22 740 SUPERVISOR STEC recognized Former Councilman Pliney Tucker and Former Highway Superintendent Paul H. Naylor…. Thanked Glens Falls National Bank for sponsoring and paying for the taping and airing of the Town Board Meetings.. Noted Reminder for the public of the th Household Hazardous Waste Day being held on June 5 … Recognized and promoted the Town’s www.queensbury.net website INTRODUCTION OF RESOLUTIONS FROM THE FLOOR - NONE OPEN FORUM 9:17 P.M. MR. GEORGE DRELLOS, 27 Fox Hollow Lane-Referred to the previous Public Hearing regarding the rezoning and recommended keeping the public hearing open to include the Town Board’s discussion… Questioned how the rezoning came about? SUPERVISOR STEC-Gave history of rezoning as previously discussed earlier in meeting. MR. DAVID STRAINER, 1124 Ridge Road-Referred to the traffic light on Aviation Road in front of Church and School and questioned whose responsible for the timing of that light? SUPERVISOR STEC-Noted that it’s the Town’s responsibility and the town periodically re-times it, it works for a few months and then it goes the other way again… COUNCILMAN STROUGH-Noted that he’s received many calls regarding the traffic light, it kicks on in the evening and tries to accommodate the school, school functions, church, church functions… SUPERVISOR STEC-That hundred thousand dollar traffic light isn’t smart enough to differentiate between weekday and weekend…. We’ll look at it again…. MR. STRAINER-Referred to the canceling of the Wick Program from the West Glens Falls Fire House, agreed that it was disappointing but feels that those gentlemen are taking a bad rap on the issue. Apparently, a deal couldn’t be reached. I think a lot of people misunderstand the amount of time that those guys put in at that firehouse, not only do they train, not only do they go to calls, they put a lot of time with maintenance of apparatus, maintenance of the building and then when public groups come in, expect them to be the custodians of the building, you know, how much free time do you gentlemen give yourselves? I mean they give a lot of time and I think kind of in the wash, they kind of got a bad rap and I don’t think it’s quite fair to them and I wanted to bring that up also. Thank you. SUPERVISOR STEC-Good point, Dave and you’re right they do put in an awful lot of time… MR. PAUL H. NAYLOR, 15 Division Road-Referred to and complimented the job on Luzerne Road. COUNCILMAN BREWER-You can compliment Mr. Round on that. MR. NAYLOR-You did alright, son… MR. JOHN FAIR, 17 Webster Avenue-Noted that he owns property in Queensbury, has had problems with the Town of Queensbury over the last four years and would like to present packets of information with correspondence, documentation and map of property for the Town Board’s review. Requested public meeting with the Town Board to discuss the matter…. SUPERVISOR STEC-Sir, two weeks ago Chris Round and I agreed to give you some time in Town Hall to get brought up to speed and give us the opportunity and courtesy to try to address your problem. We agreed to that and that was the plan as I understood it. MR. FAIR-I want everybody to understand and show them what I’ve gone through, it’s not right. I want it in a public arena, not in a private room. I’m just here to drop this information off. COUNCILMAN BREWER-Let’s see what it is. Regular Town Board Meeting, 05-17-2004, Mtg #22 741 MR. FAIR submitted packets to the Town Board and Mr. Round. MR. JOHN SALVADOR-Noted that the Town Board Workshops are open to the public and that maybe Mr. Fair is not aware of that… Noted that he agreed with Mr. Drellos’ comment regarding the public hearing remaining open to include Town Board’s discussion…. Read letter into record addressed to Craig Brown, Zoning Administrator regarding a request for determination relative to recreation uses: Dear Mr. Brown, As you may be aware, we have recently established that we are still the owners of three parcels of land in North Queensbury which are all located within a 42-Acre Land Conservation Town Zoning District. These parcels are described in a deed filed in the Warren County Clerk’s Office in Book 1322 at page 1 and are now shown on Land Tax Map Section 252. The three vacant parcels are designated 252.-1-89, 90 and 91 and have the following respective 911 Emergency locator addresses 3019A State Route 9L, 3019B State Route 9L and 3015 State Route 9L. We have recently been notified that the assessed valuation on the latter of these parcels which fronts directly on Route 9L has been increased from zero to ten thousand dollars. With that notification we find it necessary to seek a means to recover not only the original investment cost but all of the annual carrying charges of local school, property taxes which include County, Town, Fire District and Library District taxes as well as some portion of those costs of recovering these lands which were irregularly appropriated from us in 1975 by the DEC. Town Code Chapter 179 enumerates the allowed uses in Residential Districts in Table 1 wherein we find that Land Conservation 42-Acre is, in fact, considered a Residential Zoning District. As such, the only permissible use is a Single Family Dwelling and uses accessory there too, or what are categorized as other uses are also shown in Table 1. A review of the other uses in the Town Code recognizes are primarily those associated with outdoor recreation. These include campground, game preserve, hunting and fishing cabins at various sizes, recreation center and sportsmen’s club/firing range to name a few. We have come to learn about a legal sporting activity, the popularity and use of which appears to have accelerated beyond the Town’s ability to regulate it in a logical and orderly manner. This activity we refer to is, of course, paintball. Before we expend the time and effort which might be required to site a paintball facility on any of these three parcels, we need your determination that paintball may be considered an allowable recreation use in an LC-42 Acre Zone within the meaning of Town Code Chapter 179. As we understand and interpret for all that is said about paintball that it is in fact a sporting activity to the extent that admission may be charged the New York State Tax Code considers such an activity a participatory sport. Title 20NYCRR Chapter III, Subchapter J, Part 527, Section 527.10 Admission Charges, expressly exempts a participatory sport from sales tax on admission charge. Section 517.10(d)(4), admission excluded from sales tax, reads “Charges to a patron to or for the use of sporting facilities or activities in which the patron is to be a participant, are excluded from tax.” On the other hand, the same State Tax Code would require a sales tax to be collected on admission charge if it is not considered a participatory sport. Titled 10NYCRR Chapter III, Subchapter J, Part 527, Section 527.10(a) requires “A tax imposed on any admission charge in access of ten cents, to or for the use of any place of amusement Regular Town Board Meeting, 05-17-2004, Mtg #22 742 in the State.” One final note for your consideration of paintball as a participatory sporting activity wherever it is permitted is the provision that the LC 42 Acre Zone allows a hunting and fishing cabin up to five hundred square feet as a permissible use. This sounds like a perfect match, a four hundred and ninety-nine square foot hunting and fishing cabin supporting a participatory sporting activity such as paintball all without the requirement for Site Plan Review and seemingly no variance is required. We await your determination that paintball may be considered an allowable recreation use in a LC-42 Zone. (submitted copies to the Town Board) Yours truly, John Salvador, Jr. (on file in the Town Clerk’s Office) MR. PLINEY TUCKER, 41 Division Road-Referred to AMG and questioned whether the Town has received information regarding the proposed settlement? TOWN COUNSEL HAFNER-Noted, the Town has written to the Counsel for the Federal Government and asked them to get back to us on the restitution and we have not heard yet but when we hear, we’ll report to the Town Board. MR. TUCKER-Referred to article in paper regarding possibility of the Town hiring an engineer on staff for the Planning Board. SUPERVISOR STEC-Noted that a week ago Friday, there was about a dozen people that met, half from the Town, half were attorneys, engineers, surveyors, users of our process, our most frequent customers about the issues surrounding the Zoning and Planning Department and what they think we could do to streamline the process or make the process better. The biggest suggestion that came from that group was bringing on a Town Engineer to the Planning Board Meetings because a lot of the issues that come up, the frustration with the process is that some times a very simple question is asked, the Town Engineer isn’t present and an application could get a tabled for a month or sometimes more where if an engineer was in the room, could be answered and thus saving an applicant a month of waiting. I think it was well received. Chris Round generated a memo of his notes from the meeting and distributed it to the Town Board and the Planning and Zoning Board Chairmen who were also present at the meeting. The Town Board hasn’t had a chance to discuss this yet, we may do that in a workshop which is a public meeting a week from tonight…. It was a good meeting, I thought it was productive. In talking to people when they were leaving the meeting, they thought it was overdue, it was very useful and they were able to pass on some of their suggestions, knowledge, their perspective on things. They probably represent more then half of the applicants that come before the staff of either the Zoning or Planning Board. Our Attorney was there, so I can tell you that our meeting was entirely appropriate. We didn’t touch on any current applications, we didn’t do anything that we shouldn’t have done because I know there’s a potential that people would be concerned that that happened… I thought it was useful, in fact I think it was so useful that I’d be inclined to do that again as an as-needed basis, perhaps it’s a good idea once a year… COUNCILMAN BOOR-As a cautionary point… I go back to access and opportunity, you’ve got to give everybody, if you’re going to give it to some, you can’t give it to a select few. SUPERVISOR STEC-That’s fine and I wasn’t comfortable with exactly what we did. COUNCILMAN BOOR-I know you were but are you a hundred percent comfortable with doing with Mr. Fair, no and I don’t how you make that determination. SUPERVISOR STEC-As a matter of fact, I offered Mr. Fair the exact same opportunity, to have a meeting with Chris Round and myself… Regular Town Board Meeting, 05-17-2004, Mtg #22 743 COUNCILMAN STROUGH-While we’re on that topic, the Community Development Building & Codes year-to-date, value of construction in the Town of Queensbury, four months, ten million one hundred and fifty-four thousand five hundred and thirty-eight dollars of construction work done in the Town of Queensbury. I don’t think our Community Development Department is doing such a bad job, that’s a lot of work and I’ll concur with Roger that if we want to have a discussion on this, let’s have a Community Development Forum and I’ve advocated this since day one. OPEN FORUM CLOSED 9:50 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-I was also at that meeting and think it was productive and for anybody to say that other groups aren’t afforded that is not so, in my mind… I’ve never refused anybody to meet with anybody. So, if a group of residents wanted to meet with this Town Board, every Monday night we meet and we welcome them with open arms. To say that eight or ten people got a special audience I think is an unfair statement. COUNCILMAN STROUGH-Just to share the Bravo of the Post Star in last Monday’s paper. Bravo to local developers John Michaels, Richard Schermerhorn, Mickey and Jamie Hayes, and Michael Dickinson for contributing a combined four thousand three hundred and forty dollars to bridge a funding gap for the Glens Falls City Band Concert Series, their money will match the four thousand three hundred and forty dollars from the City of Glens Falls and combined will pay for eight City Band Concerts this Summer in City Park. So, I want to thank them for that…. Noted that Cornell Cooperative Extension puts on various programs offered to the public and announced th the next meeting scheduled for June 10 , at seven p.m. is to discuss the Main Street Revitalization Strategies and Resources, located on Schroon River Road in Warrensburg…. I get the Queensbury Post from the Queensbury Senior Citizens and I don’t see why more people are not members of this, if they’re not they should be, they have Shoreline Cruise and Luncheon, Canoe Island Picnic, Cape Cod Scallop Festival coming up this fall and all kinds of workshops. If you’re fifty-five years old or older, you may want to join the Queensbury Senior Citizens… Thank students at Queensbury for their donations to the DELTA Co., I dropped off the stuff that they had collected and it was about, I think we had a dozen, thirteen, fourteen boxes, we filled up Darleen’s Office pretty well with that. So, she was very thankful and she sends her thanks to the Queensbury Students as well. COUNCILMAN BOOR-I see Harry Hansen is in the audience and I wanted to commend him on the fine work over at Glen Lake, I actually caught him physically turning soil over, over there the other day and it is an improvement… I have a question with regards to the Stormwater Management, we have monies in a fund. I’ve been getting calls with issues on Assembly Point, Cleverdale. How do we access that? Does this have to be done through the Highway Department? I would like to take a look at some of these and speak with my other Board Members about how we can maybe address some problems. MS. JENNIFER SWITZER, Budget Officer-I have to look specifically at the resolution that set up that reserve to see whether it was specific or non-specific in order to determine how that money can be used. We need to pull the original resolution and once we find that out, then you can move forward on using that money or transferring it over to another reserve in order to. COUNCILMAN BOOR-One other quick thing and that’s I would have changed my vote on that one that you brought forward the other night with regards to Hevesi and Pataki. I looked into more, there’s nothing I can do about it now but I did look into it. Essentially what it comes down to is the private sector having to make up the slack for funding of State Employees and now also School Teachers. You know, those of us in the private sector that have 401K’s and IRA’s, when the market goes down, we suffer, we lose ours and when it happens to State Workers and Teachers, they come looking to have it made up and so I have a little bit of a problem with that. SUPERVISOR STEC-I apologize that I did not do my due diligence in selling that before the vote. So, I don’t know, maybe I’ll be encouraged to bring it forward in three weeks. COUNCILMAN BREWER-The discussion that we had briefly last week at our workshop about Queensbury Forest, the easement, replacement of the trees. I did go over there Saturday with Dick Meade, he’s going to put together some sort of a plan. This time of year is not a good time to plant Regular Town Board Meeting, 05-17-2004, Mtg #22 744 the stuff, it’s going to be in the Fall. I just wanted you to know that he is going to draw up some kind of plan so that we have an idea of what to do over there. SUPERVISOR STEC-On the Docksider issue, yes, Harry should be commended, that project is coming out very nicely. I also want to take this opportunity to point out, recognize and thank Christine Mozal, the owner of the Docksider who has been in communication with Harry and myself over the last month or so as the project has unfolded. She’s the neighboring property and for those of you that have been by the Docksider she’s got a very beautifully landscaped lawn area and she volunteered to share and plant some of her plantings in the berm that the Town constructed next to her property… Town Board did discuss in a workshop last week, we came to a resolution, we selected lights, lighting fixture for the Route 9 Outlets that we all thought were attractive. We’re waiting to hear back from CT Male of what they think we should do as far as number of lights and placement. In reference to the Great Escape pedestrian bridge and walkway, we’re drafting a letter right now to DOT from me copied to our Senator and Assemblyperson requesting that in fact the DOT move favorably and quickly as far as approvals that are going to be required for the pedestrian bridge and moving the light. The Great Escape has been cooperative in that process but we want to make sure that it goes as fast as it can from all aspects including the State. That letter should go out in the next day or so… The Town by resolution hired an independent auditor to review the Town’s books and practices in the areas of the Receiver of Taxes/Clerk’s Office, the Courts, Parks and Rec and Solid Waste and the one specific item of examination that I requested of, is the question of the bail money. They were here all last week and they’re here this week, I believe they said that they’re going to be finished in two weeks. So, they should be done with the process and we should have their report in a couple of weeks after that. MS. SWITZER-A month to a month and a half. SUPERVISOR STEC-The same independent auditor just wrapped a draft audit of the Fire and EMS agreed upon procedures which is some level of an audit but not necessarily the same kind of audit that he’s doing for the Town Departments. The idea behind this was change in Town Board, Town Supervisor, Budget Officer, we wanted to make sure that we had a good clean slate…. He’s been very complimentary of what he’s found so far. The draft of the Fire and EMS agreed upon procedures, the Town Board has had that draft to take a look at and review. If you need any information or anything clarified or questions, if you can get them to Jennifer by the end of Wednesday, she’ll get them to the auditor and I imagine it will probably be a week or so afterwards that we receive the final draft and the final draft, a public document will be made available to the public… Last week I was at a Committee Meeting up at the County, a Shared Services Committee, DPW, Personnel, Finance, that sort of thing and one thing that struck me, Supervisor Mike O’Connor from Glens Falls, he did point out, after I had given him, for a different reason, a copy of the non-profit funding that the Town does, the ninety-one thousand that we often talk about. His remark to me was, he apologized, he said, I did not know that Queensbury did this much for non- profits in the area. The press has been given a copy of the non-profit funding that we do, it is an annual amount. It did come up when the Hyde was at the County looking for ten thousand dollars of funding for a project, a one time shot. In their presentation they noted that Queensbury is the only municipality in the County including Warren County that provides any funding source to the Hyde and that is, for the public ten thousand dollars a year annually, has been for a very long time. In fact I moved their ten thousand dollars from the County for this one time project that they’re doing related to their renovation project and that did pass… RESOLUTIONS 10:10 P.M. RESOLUTION AUTHORIZING ACCEPTANCE OF INSURANCE PAYMENT FOR DEPARTMENT OF PARKS AND RECREATION’S 1994 DODGE PICK-UP INVOLVED IN MOTOR VEHICLE ACCIDENT AND AUTHORIZING REPLACEMENT VEHICLE RESOLUTION NO.: 272, 2004 INTRODUCED BY: Mr. Tim Brewer Regular Town Board Meeting, 05-17-2004, Mtg #22 745 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Director of Parks and Recreation has advised the Town Board that the Parks and Recreation Department’s 1993 Dodge ¾ ton pick up, vehicle i.d. no.: st 1B7KM26Z5PS268054, was involved in a motor vehicle accident on March 31, 2004, and WHEREAS, the Town’s insurance company, Cool Insuring, retained a general adjuster (Seidel Claims Service) to inspect and evaluate the damaged vehicle and Seidel reported that the damaged truck’s book value is $6,672; the estimated cost to repair the vehicle is $5,900, the salvage value is $575 and the insurance deductible is $500 and so payment to the Town of Queensbury for the insurance value less deductible would be $6,172.50, and WHEREAS, based on Seidel’s report and the fact that the Town’s Fleet Committee had scheduled and budgeted the vehicle for replacement in 2004, the Parks and Recreation Director has recommended that the Town accept the insurance payment and authorize the Director to begin the process to order a similar replacement vehicle, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the insurance payment of $6,172.50, as delineated in the preambles of this Resolution, for the Parks and Recreation Department’s 1993 Dodge ¾ ton pick up, vehicle i.d. no.: 1B7KM26Z5PS268054 which was st involved in a motor vehicle accident on March 31, 2004 and authorizes and directs the Director of Parks and Recreation to execute any and all documents necessary to transfer title to the vehicle and to receive payment on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Director of Parks and Recreation to immediately begin the process of ordering a similar replacement vehicle as approved by the Town’s Fleet Committee and as scheduled and budgeted for in the 2004 Town Budget. th Duly adopted this 17 day of May, 2004 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AWARDING BIDS FOR PURCHASE OF WATER CONNECTION MATERIALS FOR USE BY Regular Town Board Meeting, 05-17-2004, Mtg #22 746 TOWN WATER DEPARTMENT RESOLUTION NO.: 273, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of water connection materials for use by the Town’s Water Department, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed all received bids and have made their bid award recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for the purchase of water connection materials for use by the Town’s Water Department to the lowest responsible bidders in each category and from the respective accounts as follows: ITEM AND SUCCESSFUL BID ACCOUNT SPECIFICATION NO. BIDDER AMOUNT TO FUND PURCHASE 1. Copper (#04-02) Everett Prescott $ 7,040.60 40-8340-4320 2. Curb Boxes & Lids (#04-03) Blair Supply Corp. $ 3,776 40-8340-4320 ITEM AND SUCCESSFUL BID ACCOUNT SPECIFICATION NO. BIDDER AMOUNT TO FUND PURCHASE 3. Cast/Ductile Iron Pipe Fittings (#04-04) Ramsco $ 2,157 40-8340-2899 4. Brass (#04-05) Winwater $ 6,241.35 40-8340-4320 Works, Co. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent, Water Superintendent and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None Regular Town Board Meeting, 05-17-2004, Mtg #22 747 ABSENT: None RESOLUTION APPOINTING ANDREW GARNER, M.D. AS TOWN HEALTH OFFICER AND AUTHORIZING HEALTH OFFICER AGREEMENT RESOLUTION NO.: 274, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the term of the Town of Queensbury’s Health Officer recently expired, and WHEREAS, the Town Board advertised for candidates for the position, conducted interviews and now wishes to appoint Andrew Garner, M.D. as Town Health Officer and enter into an agreement with Dr. Garner to serve as the Town’s Health Officer for a four (4) year term, and WHEREAS, a proposed agreement, in form approved by Town Counsel, is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board appoints Andrew Garner, M.D. as the Town’s Health Officer for a four (4) year term effective the date of this Resolution through st December 31, 2007, and BE IT FURTHER, RESOLVED, that the salary for Dr. Garner shall be $4,000 annually and pro-rated for the year 2004, to be paid for from the appropriate account as determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Regular Town Board Meeting, 05-17-2004, Mtg #22 748 NOES : None ABSENT: None RESOLUTION APPROVING BUY-OUT OF 2004 MEDIC TRUCK BY BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 275, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad 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 Squad 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 Squad has advised the Town that the buy-out on its 2004 Medic Truck exceeded the amount budgeted in the Squad’s current Agreement and therefore the Squad wishes to buy-out its 2004 Medic Truck by using $10,000 presently in the Squad’s Restricted Vehicle Fund, and WHEREAS, the Town Board wishes to authorize the Squad’s buy-out of its 2004 Medic Truck by using $10,000 in funds from the Squad’s Restricted Vehicle Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue Squad, Inc.’s buy-out of its 2004 Medic Truck for a sum not to exceed $10,000 from funds presently available in the Squad’s Restricted Vehicle Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : Mr. Brewer Regular Town Board Meeting, 05-17-2004, Mtg #22 749 ABSENT: None DISCUSSION BEFORE VOTE: COUNCILMAN BREWER-Jennifer, do you know how much the buyout is? MS. SWITZER, Budget Officer-The total buyout, no, I just know that they’re short the ten thousand dollars. COUNCILMAN BREWER-Well, I think I’d like to know how much the buyout is because it says that it was ten thousand more then previously report so I would presume that that means MS. SWITZER, Budget Officer-What I was getting from the letter was that it was ten thousand dollars more from what we had actually budgeted for them in this year’s contract. COUNCILMAN BREWER-How much did we budget? MS. SWITZER, Budget Officer-I’m going to have to pull the original budget. SUPERVISOR STEC-Let’s try to get them in for a workshop and get our own numbers. TOWN COUNSEL HAFNER-I will just point out for the Board that they have their, they mention a time deadline. MS. SWITZER, Budget Officer-This is the last meeting that you can have to meet this in order for them to get the money for it. COUNCILMAN BOOR-I mean they do have eighty thousand in the fund. If it turns out after the fact that this is something that were not happy with, maybe we can rectify it. MS. SWITZER, Budget Officer-Is there a certain dollar amount that you wouldn’t be happy with? I thought this was something that they brought up at the original budget season, though. SUPERVISOR STEC-They did. COUNCILMAN BOOR-We approved the purchase of the vehicle. COUNCILMAN BREWER-We approved the lease of the vehicle. SUPERVISOR STEC-They has asked for a dollar amount to buyout the lease before and we said yes and now they’re asking for ten thousand more. That’s the question. COUNCILMAN BREWER-Well if it’s twenty thousand or twenty-five thousand, I’m inclined to say no… The other question I have, if they intended to buy it, why did they lease it? MS. SWITZER, Budget Officer-I wasn’t, but the only other thing I do want to point out is that the letter is dated May 1, and maybe we should have asked these questions before. COUNCILMAN STROUGH-I’m comfortable with it. If there is a serious problem with it, I think we can rectify it in the next budget round somehow, someway. COUNCILMAN BOOR-That’s what I think too. st SUPERVISOR STEC-In fairness, they did ask, this letter is dated May 1 and we didn’t ask that question beforehand and I apologize, I’ll take responsibility for that… (vote taken) RESOLUTION AUTHORIZING INCREASE IN FUNDING AND BUDGET TRANSFER IN CONNECTION WITH GLEN LAKE DREDGING PROJECT Regular Town Board Meeting, 05-17-2004, Mtg #22 750 RESOLUTION NO.: 276, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 218.2003, the Queensbury Town Board expressed its support of the Warren County Soil and Water Conservation District’s Glen Lake dredging project and pledged its financial support of the project by establishing appropriations and estimated revenues in the amount of $43,600, and th WHEREAS, by letter dated April 29, 2004, the District Manager of the Warren County Soil & Water Conservation District advised that there is a funding shortfall of approximately $27,000 and has requested that the Town Board fund such shortfall which would then provide for completion of the dredging project, and WHEREAS, in order for the Town to provide the additional $27,000, it is necessary that the 2004 Town Budget be amended, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of additional financial support in an amount not to exceed $27,000 toward the Glen Lake Dredging Project, such contribution to be paid for by a 2004 Budget Amendment and transfer of funds from Contingency Account No.: 001-1990-4400 to Community Services Account No.: 01-8989-4400, and BE IT FURTHER, RESOLVED, that the existing Agreement between the Town and County needs to be modified accordingly in a form acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the revised Agreement and any other documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None Regular Town Board Meeting, 05-17-2004, Mtg #22 751 ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY JOHN HUGHES FROM PROFESSIONAL OFFICE (PO) TO SINGLE FAMILY RESIDENTIAL – TWENTY-THOUSAND SQUARE FEET (SFR-20) RESOLUTION NO.: 277, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by John Hughes to amend the Town Zoning Ordinance and Map to rezone a portion of the property bearing Tax Map No.: 296.12-1-23 located on the north side of Bayberry Drive, “Brookview Acres” in the Town of Queensbury from Professional Office (PO) to Single Family Residential – Twenty-Thousand Square feet (SFR-20), and th WHEREAS, on or about March 15, 2004, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and th WHEREAS, on or about April 27, 2004, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about April 14, 2004, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th June 7, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by John Hughes bearing Tax Map No.: 296.12-1-23 located on the north side of Bayberry Drive, “Brookview Acres” in the Town of Queensbury would be rezoned from Regular Town Board Meeting, 05-17-2004, Mtg #22 752 Professional Office (PO) to Single Family Residential – Twenty-Thousand Square feet (SFR-20), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 278, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, Regular Town Board Meeting, 05-17-2004, Mtg #22 753 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2003 Town Budget as follows: LANDFILL FROM: TO: $ AMOUNT: 910-9060-8060 910-8160-4447 10,454. (Health Ins.) (Trash Burnable) 910-9060-8061 910-8160-4447 1,400. (Health Ins. Waiver) (Trash Burnable) 910-9080-8080 910-8160-4447 3,017. (Vacation Accrual) (Trash Burnable) 910-9040-8040 910-8160-4447 2,340. (Workers Comp.) (Trash Burnable) VARIOUS FROM: TO: $ AMOUNT: 01-1990-4400 001-9901-9006 10,000. (Misc. Contractual) (Transfer to Solid Waste) 01-1990-4400 001-1420-4131 44,886. (Misc. Contractual) (Litigation) 01-1990-4400 001-5410-4477 5,880. (Misc. Contractual) (Sidewalk Clearing) 04-5110-4400 04-5110-2899 5,490. (Misc. Contractual) (Cap. Construction) 05-3410-4400 05-9040-8040-4980 15,199. (Misc. Contractual) (Workers Comp.) 47-8320-4400 47-9730-6030 1,167. (Misc. Contractual) (Princ. Shore Colony) th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 05-17-2004, Mtg #22 754 RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF MAY 12, 2004 RESOLUTION NO.: 279, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as th the Abstract with a run date of May 12, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run th date of May 12, 2004 numbering 24-200900 through 24-228900 and totaling $636,511.87, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4877 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 280, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and Regular Town Board Meeting, 05-17-2004, Mtg #22 755 WHEREAS, a single family property, Case File # 4877, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.: 165.2004, the Queensbury Town Board approved a rehabilitation grant in the amount of eleven thousand seven hundred dollars ($11,700) for Case File #4877, and WHEREAS, the contractor who was awarded the bid defaulted and therefore the contract was re-bid, and WHEREAS, the revised cost to complete the work specified is ten thousand five hundred seventy-five dollars ($10,575) and is the lowest acceptable cost, th WHEREAS, a change order has been received on May 17, 2004 revising the cost of the project to fourteen thousand one hundred and seventy-five dollars ($14,175.00) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a revised grant for Case File #4877, Queensbury, New York, in the amount not to exceed fourteen thousand one hundred seventy-five dollars ($14,175) and authorizes and directs the Town Supervisor and/or Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None DISCUSSION BEFORE VOTE: TOWN COUNSEL HAFNER-Briefed Town Board as to background of status of situation involving resolution… RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT FOR HOWARD BLUEGE, PART-TIME, TEMPORARY EMPLOYEE IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 281, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION Regular Town Board Meeting, 05-17-2004, Mtg #22 756 SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 507,2003, the Queensbury Town Board authorized the Town Assessor to extend the employment of Howard Bluege to work in the Town Assessor’s th Office on a part-time, temporary basis working approximately 30 hours a week through April 30, 2004, and WHEREAS, the Town Assessor has advised the Town Board that due to the retirement of Sharron Meade, Data Collector/Appraiser in the Town Assessor’s Office, she would like Town st Board authorization to extend the term of employment for Mr. Bluege until September 1, 2004 or such time as the Town Assessor can fill the vacant Data Collector/Appraiser position, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Mr. Bluege is the husband of Helen Otte, Town Assessor, and WHEREAS, the Town Board has considered the Assessor’s request and agrees that such extension of employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the employment of Howard Bluege to work in the Town Assessor’s Office on a part-time, temporary st basis working approximately 30hours per week until September 1, 2004 or such time as the Town Assessor can fill the Data Collector/Appraiser position vacated by Sharron Meade, and BE IT FURTHER, RESOLVED, that Mr. Bluege shall continue to be paid a wage of $12.36 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Regular Town Board Meeting, 05-17-2004, Mtg #22 757 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM FLOOR – NONE ATTORNEY MATTERS – NONE EXECUTIVE SESSION - NONE RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 282, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT’S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. th Duly adopted this 17 day of May, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY