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2006-05-15 MTG18 155 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 TOWN BOARD MEETING MTG. #18 May 15, 2006 RES. 252-272 7:00 P.M. BOH 11 TOWN BOARD MEMBERS PRESENT COUNCILMAN ROGER BOOR ACTING SUPERVISOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH TOWN BOARD MEMBERS ABSENT SUPERVISOR DANIEL STEC COUNCILMAN TIM BREWER TOWN OFFICIALS Executive Director of Community Development Marilyn Ryba Acting Supervisor Roger Boor- I would like to recognize the fact that Councilman Brewer’s father Arnold, passed away this Saturday, after an illness, he had been in the Glens Falls Hospital for awhile, that is the obvious reason for he not being here and in memory of the Family and Friends and certainly of Arnold I would ask that we take a moment of silence. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 252.2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 15 day of May, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: Mr. Stec, Mr. Brewer 1.0BOARD OF HEALTH Acting Supervisor Roger Boor-We have one application before us a resolution setting a public hearing on a sewage disposal variance application of John and Sandra Lambrechts I see their engineer is here, I do not know if the Lambrechts are. Would you care to make any statements at all Dennis? Mr. Dennis MacElroy Engineer-Thank you Roger, Dennis MacElroy representing the Lambrechts. For the purpose of setting the public hearing the Lambrechts they live out of town they are not here tonight but Mr. Lambrechts will be here at whatever date the th public hearing would be scheduled for hopefully it is June 5. 156 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Acting Supervisor Boor-Yes, it is. Thank you. I did meet with Dennis this last weekend and reviewed the site and also picked up a packet of literature relative to the type of system that he is going to be proposing and I was pleased with what I saw and I am going th to be interested in seeing the presentation on the 5. I have no more comments other than that. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND SANDRA LAMBRECHTS RESOLUTION NO.: 11, 2006 BOH INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John and Sandra Lambrechts have applied to the Local Board of Health for variances from Chapter 136 to install: 1.a septic tank and pump pit five feet (5’) from the dwelling instead of the required ten feet (10’) setback; 2.a force main four feet (4’) from the property line instead of the required ten feet (10’) setback; and 3.an absorption field three feet (3’) from the property line (Road Row) instead of the required ten feet (10’) setback; on property located at 32 Russell Harris Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, June 5, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John and Sandra Lambrechts’ sewage disposal variance application concerning property located at 32 Russell Harris Road in the Town of Queensbury (Tax Map No.: 239.08-1-4) and at that time all interested persons will be heard, and 157 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 12, 2006 BOH INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health. th Duly adopted this 15 day of May, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Boor NOES: None ABSENT: Mr. Stec, Mr. Brewer TOWN BOARD REGULAR MEETING 2.0PUBLIC HEARINGS Acting Supervisor Roger Boor-We are out of the Board of Health we have two public hearings one which I would call an official public hearing and 2.2 is really a presentation to the public it doesn’t quite meet the criteria of a public hearing but for the benefit of the public I think it is appropriate that they hear that information. 2.1Public Hearing on Ronald Morehouse’s Application for Placing Mobile Home Outside of a Mobile Home Court Notice Shown Publication Date:05-05-2006 Attorney Garfield Raymond-I am the Attorney appearing for Mr. Morehouse. 158 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Acting Supervisor Boor-Is there anything that we should know other than what we have in our packet? Attorney Raymond-I think the packet pretty much speaks for itself, we have already been in front of the Zoning Board. The property that we are dealing with is on Minnesota Avenue, 32 Minnesota Avenue and as you are all aware that, that had a prior resolution which allowed a mobile home on that which was quite antiquated and they want to put a new one on. We did not think we needed approval but after, because of the variance, they said we had to come here, so here we are. Councilman Strough-It looks like they are all set to go, they got the framing for the slab all set. Attorney Raymond-The Building Department told them they could put that in. Acting Supervisor Boor-If you do not have anything else to say we will open it up to the public and see what they have to say. Is there anyone here that would like to comment on this application? I do not see anybody. At this point we could entertain a motion. Close the Public Hearing. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR RONALD MOREHOUSE RESOLUTION NO.: 253, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code §113-12, and WHEREAS, Ronald Morehouse filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to replace his singlewide mobile home with a newer, doublewide mobile home on property located at 32 Minnesota Avenue, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th May 15, 2006 and heard all interested persons, NOW, THEREFORE, BE IT 159 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a Revocable Permit to Ronald Morehouse in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer 2.2PUBLIC HEARING ON TOWN OF QUEENSBURY STORM WATER MANAGEMENT PROGRAM ANNUAL REPORT NOTICE SHOWN PUBLICATION DATE 05-05-2006 Acting Supervisor Boor-We apparently have some technical difficulties with the screen that Marilyn Ryba will be looking at on her computer, it is unclear as to the type of presentation we are going to get tonight. Noted we are awaiting Ms. Ryba until she become available we will continue with the meeting and move into Correspondence. 3.0CORRESPONDENCE 3.1 April Monthly Report for the Building and Codes Dept. on file 3.2 Ltr. To: Queensbury Town Board From: Courthouse Estates Homeowners Association Subject: Stop signs at the corners of Courthouse Drive, Forest Drive and Equinox Drive. The Association would like to have Stop Signs erected at junction of Courthouse Dr., Equinox Dr. and Forest Dr. Forest Dr. already has a Stop Sign. Don Sipp President Councilman Sanford-Requested that this be discussed at the next workshop. Acting Supervisor Boor-Noted he will not be present next Monday. th Councilman Strough-Suggested that this could be scheduled for June 12 workshop. Board Members agreed. 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE Acting Supervisor Boor-Noted that Ms. Ryba is not back as of yet, will continue on in the meeting until she arrives. 160 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 5.0 PRIVILEGE OF THE FLOOR Mr. Richard Besthoff—Waverly Place I would like to speak about the Storm water management report of the Schermerhorn Haviland Road Subdivision. Mr. Schermerhorn sold the property to the Amadore Homes 2. The sewers that have been installed on the future road are two and a half feet above the existing Meadowbrook Road, I believe the new development regardless of the existing storm water management report will cause storm water to cascade in a westerly direction across the old Meadowbrook Road. This water will enter the Waverly Place common grounds and then into State and Federal Wetland and into Halfway Brook. The Town of Queensbury requires that the post development discharge for a fifty year twenty four hour storm doesn’t exceed the pre- development conditions. What recourse do we have as residents or as the Town what do we have if there is a blatant violation of the original storm water management report? Noted the new road will be two and a half feet that side will be higher than the existing Meadowbrook Road, if the storm water exceed pre development conditions what can we do? Councilman Sanford-Noted he had spoken with Mr. Besthoff today filling him in on a meeting I had last week with people from Community Development as well as Bob Vollaro from the Planning Board, if the reassurance I gave him based on that meeting were not realized what is the recourse, I replied that I would have to research that. Director Ryba-Looking at the research I know in addition to the meeting we did send those questions out to both Mr. Schermerhorn and the owner of the property, since it was reviewed by an engineer originally that the engineer might best be able to address some of those questions. Councilman Sanford-His concern is that in the event of miscalculations here and the project is built what is the process of recourse, if the storm water report proves not to be reliable as presented? Director Ryba-If there is a problem this area is covered by the Department of Environmental Conservation it is an area of town where if there is a disturbance of one acre or greater it is covered by DEC for enforcement action. The eventual goal of the Storm water management program with the State is to have both the Town and DEC have equal enforcement power. Acting Supervisor Boor-You have raised good points, but I think it would be very difficult for us to assume what the ultimate storm water is going to be, all be it the engineer has said what it is going to be. I appreciate your concern about the elevation of the road but also typically where the homes are built are higher than the road so we have got that. The homes that are built will certainly flow into the road, the back side Waverly I am not sure what the plan is there, I have not seen the engineering studies on that. Councilman Sanford-I share his concern and that is if there is something that is not calculated correctly, if the town chooses not to be active in the enforcement is the default to private citizens to take legal action? I do not think we have an answer for you, it depends on unique situations. Director Ryba-Noted that if there is a problem that needs to be mitigated after the fact then we would notify the DEC of the problem and DEC will become involved and they do the enforcement to make sure the problem is corrected, that is when there is a permit that has been granted under Notice of Intent. Acting Supervisor Boor-Mr. Besthoff, you have done the right thing you are in a public forum and you have made this board aware that you have concerns. Certainly this Board cannot deny that we were unaware should something occur. Until something manifests it is kind of hard for anybody to know if in fact the plan that is proposed is going to work or 161 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 not going to work, your question as to how the Board handles it has to do with public pressure you have started that process by making us aware that you have legitimate concerns. RETURNED TO AGENDA ITEM 2.2 PUBLIC HEARING PUBLIC HEARING ON TOWN OF QUEENSBURY STORM WATER MANAGEMENT PROGRAM ANNUAL REPORT NOTICE SHOWN PUBLICATION DATE 05-05-2006 Director Marilyn Ryba-I have had a couple of technical difficulties so I have a black screen so I will try to get through this. I did manage to go back into my office and print off what this is about. This particular report is part of an annual Storm Water Management Report that we have to provide to New York State DEC. We put it in, in the form of a public hearing because any comments that we receive a copy of those comments do go to the DEC and then the public hearing format everything is transcribed word for word. In the past we have done what is required which is having everything presented in a pubic forum. We do have until the end of this month to submit the public comments to the New York State DEC. Just a little bit of background information in 2003 the Town was required to filed what is called a Notice of Intent or an NOI under the New York State Department of Environmental Conservation general permit for storm water discharges. Because we are the operator of what is called an MS-4 Small Municipal Separate Storm Sewer System. It was based on urbanized areas which based on population, might be a little difficult to see, but we are, I will point to it, you see this orange area is part of the urbanized area and that was based on the census data. I think th that Roger Boor pointed out in a Town Board Workshop that was held April 10 that doesn’t include all of Glen Lake which seems a little odd, but, it was based on census tracks. So, that is the area that is covered under this Notice of Intent which as stated is the urbanized area and what is required is that we look at really. We are only required at this time to look at these particular parts of the community and notice of intent for any disturbance of an acre or greater is required from the State. We do have some requirements every year we are in year three of a four year program where we do a th report. The ultimate goal is by January 8 2008 that we adopt a local law to address all the construction and post construction storm water impacts. By March 10, 2008 that we have all of the items outlined in our Notice of Intent or our Storm Water Management Plan fully implemented. As you can see on this larger map that I have put up the green area is the Lake George Watershed Basin, that blue area is that urbanized area that I had shown you in the previous map. This is an important map because currently the Town’s Chapter 147 Storm Water Management Regulations only address what is in the green area in the Lake George Water shed basin. For that area any projects with disturbances of fifteen thousand square feet or greater require a storm water plan be submitted or actually what is called a Storm Water Pollution Prevention Plan be submitted with an application for development. There are some other exceptions and particulars that you can find right in the Code. As stated earlier the area in the blue it is a one acre or greater disturbance so there is a difference in what applies through out the Town and then the area in white isn’t covered by anything. So, how do we do what we need to do? There is other staff involved in municipality other than the Community Development Department. We handle Building and Codes and also work with the Planning and the Zoning Board as well as to some degree the Fire Marshal when it comes to Storm Water Management. But, other staff involved, Parks and Recreation the Water and the Wastewater Departments and certainly the Highway Department. We also work with a number of other partners, the Warren County Soil and Water Conservation District, Warren County Planning, the Lake Champlain Lake George Regional Planning Board, we applied for a grant with Towns of Moreau, Fort Edward, Villages of Fort Edward, Hudson Falls, City of Glens Falls for a local water front revitalization program that focuses on the Hudson 162 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 River and then another grant of a hundred thousand dollars with what is called the Greater Glens Falls Urbanized Area and I have it highlighted at GGFUA to do some education and other assistance to get the storm water management requirements in place. So, under the Storm Water Management Program we are required to do six minimum control measurers, public education an outreach public participation involvement, illicit discharge detection and elimination, construction site runoff control, post construction runoff control and pollution prevention good housekeeping. Each year we do a report on compliance we look at the original notice of intent in our earlier Annual Reports. Certainly there is still a lot of work to be done, some things we have accomplished but I am really focusing more on what we still need to do. Under public education and outreach we did have one household hazardous waste collection, actually we have had two to date and we do need have another one. Service group presentations, working with the School Districts we have had information on the Town Website in the past certainly this information will go on and be available for comment. Then there is the daily operation such as with the Highway Department and I know Mike Travis, Deputy Highway Superintendent is here and he might be able to fill you in on some of those if I don’t cover it well enough later, then of course with the Planning Board and applications that go in front of them. One of the questions we are asked is about the number, this is a question on the reporting form that we have, how much public contact do we have? We certainly have quite a bit at least in the Community Development Department when it comes to Site Plan Applications and Building and Codes, last year we had nine hundred and sixteen building permits, two hundred and eighty nine Planning and Zoning Applications that went before the boards, we had forty eight Planning and Zoning Meetings, two hundred and two pre-application conferences, One thousand six hundred and eleven face to face consultations and over forty four thousand phone calls and e- mails and those last two we only have tracked for a period of seven months. This is the kind of reporting that DEC wants to see because every time we speak with someone we do have brochures we do have information that we provide to people. Certainly the public education aspect there is a lot of information that is getting out there about the importance of storm water management and planning. Under public participation and involvement, there are some things that we do the Highway Department is working on a storm drain stenciling program, Halfway Brook Stream cleanup was one of the things that we had anticipated doing having Arbor Day, Earth Day Celebrations, we have had those for a couple of years with the school in the past. From planting trees along Halfway Brook, adopt a roadside program which the Highway Department has done for quite some time with thirty volunteer groups and also something called Adirondack Water Fest. which will be held at Gurney Lane Park. The town is sponsoring that this year and that will be held in August. We previously had said that we would do an adopt a stream program that has really evolved differently into adopt a roadside program so that is a change from our original goals. We need to address illicit discharges and this is probably the thing that most people focus on. Concerns about sanitary waste water, car wash waste, improper oil disposal, laundry waste, radiator flushing, spills from accidents any improper of disposal of auto and household toxics, that is really what this program is all about. How do we detect that any of those illicit discharges? Part of what we need to do is report that to the DEC, we have been working with the Lake Champlain Lake George Regional Planning Board and the Warren County Soil and Water Conservation District, certainly over the last few years but we will be more intensively now that our grant application was formalized last year. We have been working on educational programs and most importantly location with GPS and GIS Mapping of different outfalls in the Town and where any storm water might highlight or daylight. Whether it’s a pipe discharge or whether it’s some kind of other overflow. Route 9 in the Halfway Brook management plan that the Warren County Soil and Water Conservation District did several years ago now was really listed as a priority. All of the storm water that discharges from the intersection of Route 9 and 254 going down to the Glens Falls line, there is an area which is across from Price Chopper which really was identified as a number one priority. There was a plan that was engineered by Warren County Soil and Water, we have all taken a close look at it and it is a very difficult site, there isn’t a lot of land there and we will be needing to get some professional engineering assistance, either as a confirmation or as an enhancement to what has already been done so we can address that priority that was identified in the Halfway Brook Water Shed Management Plan. That is a small change to the original notice of intent because originally we said we would do the engineering we did but we see that we need some additional work on that. 163 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 The other thing is we said we would investigate a tax mailer we did do that we found out that actually by tax mailer I mean an insert into the tax bills, and found that to be a bit expensive. We already do have a Town newsletter so we can put information about illicit discharge detection and elimination in that Town newsletter so that is another very small change to the original Notice of Intent. Going with the measurement that the Department of Environmental Conservation wants to see again we had recorded and this is very specific to storm water, our Code Compliance Officer investigated two hundred and two complaints or violations, complaints of violations in 2005 which resulted in six hundred and fifty five related follow up visits. So, we certainly are active in following up on things, not everything is a problem, sometimes it is just an understanding of what is required and what isn’t. But, there is a difference I wanted to point out between Code Compliance and Code Enforcement. Code Compliance Officer works with Zoning and Planning and the Code Compliance Officer looks for compliance that is exactly it. Trying to get people to come into compliance with the Code. The Code Enforcement Officer has more power and that is under the Building and Codes Office and is Dave Hatin, Dave has investigated two hundred and sixty seven complaints or violations with nine hundred and sixty nine follow up investigations and ninety four court actions. Typically we also look for the compliance we can with under code enforcement because often times when we go to court that is what a Judge is going to ask for initially before bring charges or fines unless it is an egregious type of action. These types of violations or complaints that the Code Enforcement Officer follows up on, dealing more with things like illegal dumping rather than storm water overflow. One of the other compliance measures with construction site run off we do have established procedures for site plan review and site plan inspections. As noted earlier with that map, when there is a disturbance of fifteen thousand square feet or greater we do require a plan that is reviewed by the Town Engineer, which is an independent engineer paid for by the applicant. We do have a system for public inquiries and complaints when somebody complains we do follow up. We are going to have a contractor education program in October 2006 at Fort William Henry. The Highway Department fixes problems as they are found and the Highway Department also has a catch basin inventory. Some of what we need to do for post construction is as pointed out developing this ordinance by 2008 for greater controls. One of the things that required or I think the goal of this whole program is so that the Town and DEC can have equal enforcement capabilities. Right now we do have differences in what is required under the State regulations and our own storm water regulations. One of the things that was preformed recently was a gap analysis that was done by Warren County Planning and also the Lake Champlain Lake George Regional Planning Board staff they looked at our Chapter 136 our sewer on site ordinance, Chapter 147, Chapter 179 the Zoning Ordinance and Chapter A180 through the Subdivision Regulations. They did find a number of things one of the big questions is whether or not this final ordinance will be consistent throughout the Town and that was one of the recommendations but that is more of a, certainly it is a legislative decision a Town Board decision so that is a policy discussion that needs to take place. Another question was ensuring the long term operation and maintenance controls staffing and fees our fees certainly don’t cover any kind of post construction inspections. We do quite a bit for example with every site plan that is approved our Code Compliance Officer goes out two to three times so that is anywhere between two hundred and three hundred inspections just looking at sites. In terms of storm water he often does focus on going out to sites in the middle of construction to check after a heavy storm or rain events to see how things are functioning or not functioning if that is the case. As I had mentioned one of the things is looking carefully at the gap analysis and any kind of policy changes that would need to be incorporated into a local law and that is something that is really a Town Board action. Sometime ago there was a internal Town Staff Committee looking at all of the different sites however, certainly with some of the problems that have come to light recently the idea is to have a Town Committee whether it includes staff or outside people to prioritize some problem sites within the Town. In working with the Warren County Soil Water Conservation District to take that Halfway Brook Watershed Management Plan and see what we can actually do with it. Another suggestion that was put into the report was the idea of having in our Zoning Code having a condition where the engineer for the applicant submits an annual report every single year to the municipality. Our Town Engineer would look at that report see if there were any problems and that is one way of doing this post construction follow up that we heard earlier as a concern. That, we may be consistently doing a hundred, seeing a hundred developments per year where 164 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 we need to do follow up but certainly after the year five you have five hundred of those and it can really get to be quite a task for one person who is dedicated thorough the Zoning and Planning Office to look at all of these sites. So, that is a possibility in trying to get the burden onto the developer, onto the person who did the development originally and helping out a little bit more. Along with our partner is Warren County Soil and Water Conservation District they have offered their assistance and they do help us out when we believe that the problem maybe a little bit more than we can handle internally. Under the pollution prevention good housekeeping, BMP or Best Management Practices something that we need to do to have these in writing. Once again Warren County Soil and Water Conservation District is working on employee training looking at some of the protection, pollution protection techniques for our municipal operations, fleet and vehicle maintenance, storm sewer maintenance. The Highway Department certainly does quite a bit of work as part of their normal maintenance, street cleaning, catch basin clean outs, they reported one thousand seven hundred and forty five of those in the past year. Their vehicle maintenance, they do yard waste pickup they stabilize ditches, they have covered salt storage, they limit salt application near water and steep slopes. Then even the Park and Recreation Department as you will notice in the park there are pet waste receptacles and certainly they do litter removal and recycling. All of those are items that can get into the storm water and its runoff and eventually pollute areas of the town. What next, we will be as stated earlier forwarding public comments to the New York State DEC, we are st talking comments until May 31. Here are all the contact people and certainly we have information on our website for contacts and the full storm water report is available at the Town Clerk’s Office as well as the Community Development Office. We always get as much information as we can on our Town Website. Thank you. Acting Supervisor Boor-Thank you Marilyn we have wandered a little bit from normal procedure and we were in the Privilege of the Floor but at this time I would like to stay in the Public Hearing Portion and if there is anybody that at this time would like a comment, a recommendation or convey a concern relative to anything that Marilyn just presented I would again ask you to come up to the microphone and speak your piece. Mr. Salvador Mr. John Salvador-Good evening my name is John Salvador I am a little surprised to see that they have centered the investigation around a census report, and yet that whole Lake George area there is hardly anybody living there. That to me is a problem. It is the intensity of the land use that we should be addressing, not necessarily the number of residents who live there, make their home there that is what the census is based on. You can only have one domicile in a census report. I think if we had another way of measuring the problem areas we might get to the problems a little faster. With regard to 147, Marilyn mentioned the fact that we have this storm water management code, Chapter 147 and it’s the applicability is to the Lake George Basin and the Lake George Park. We are really missing the boat on this one; our staff does not know that this document exists. I will just go to one section here, every single residential development project in North Queensbury is considered under this Code a minor project. The contractor just puts in a couple of dry wells someplace, you know the roof drains go down into it and that is the end of the story the project is permitted on that basis. Section One forty seven eight of this Chapter 147 discusses project classification for storm water management. There are two types of projects, minor projects and major projects. Major projects are any project not exempt, expressly exempt as a minor project. The following may be considered major projects; we have soils high potential for over land and through soil pollutant transport. Now we have a gazillion wastewater systems up there in North Queensbury and the pollutants are transported through the soils. It is the soils that does the cleaning. Minor projects shall be treated as major projects if a critical environmental area has been established according to Seqra. We do not even appreciate the fact that all of North Queensbury is a Critical Environmental Area within five hundred feet of the lake. It is never addressed before the ZBA or the Planning Boards. Staff does not recognize that and list it as a critical environmental area. So, just from the definition of project classification in 147 every single development project within five hundred feet of the shore line of Lake George should be a major storm water management project, major and we are not doing it. The other thing we tend to do which I think is bizarre, you know we segment everything we do, we talk about storm water over here and then we talk about waste water over here. Nobody appreciates the fact that they have to work in unison, water and soils. What we tend to do is we put the infiltration absorption field as 165 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 far away from the lake as we can and then because there is no separation distance between the storm water infiltrators and the water body we put those up front. Put those up front of the buildings. So, we collect all of the storm water and we force feed it into these soils that are not even designed to take it. What we do in affect is we create a water dam a subterranean water dam and prevents the waste water from flowing and utilizing it needs that distance for cleansing before it gets to the lake. It is not a sound system, it does not work, because in affect we are segmenting the project. We look at storm water here the Code Enforcement Officer issues a permit a building permit for storm water and we have got somebody else looking at the wastewater. Its, I am telling you it is having a serious negative impact on the lake. The other thing that Marilyn mentioned was elicit discharges, waste water discharges. You recall the discussion before this Board concerning Surrey Fields, my wife came here and asked four questions because we did not understand. Everybody talked about failures, failures, failures and she asked four questions trying to pin point the failure, what has failed. Is it a fundamental design flaw, is it a construction failure, is it an operating failure, what is causing these systems to back up? We did not get any good answers here. I called Mr. Hatin the next morning and I asked him to explain to me what is the cause of failure? You know what he told me? There are no failures, that is not want I heard last night. Well, according to Mr. Hatin, it is not a failure unless I guess you are ankle deep in it on the ground. That is where we are missing it. These systems are failing underground we are polluting the ground water. Now, I know the Health Department they kind of look at public health and they are not particularly interested so much interested in environmental pollution. They are interested in public health. Of course if you have waste water on the ground you have a public health hazard but if you have got a failed system that is not working underground you are contaminating the ground water. That, we have to find a way to address, we have to do that. That is all I have on this subject. Thank you. Acting Supervisor Boor-Thank you, John. Any other members of the public? Mr. Rahill Mr. Bernard Rahill-My name is Bernard Rahill I live at 37 Wincrest Drive in Queensbury I would like to say that John Salvador has provided tremendous service to this Board and to this County and I think that our relationship here yours between you and the public should be one of dialog. I would like to hear you respond to some of the things that Mr. Salvador says and some of the things that I say because what we are in here right now is an ethical conversation. Ethics means right and wrong. What is right and what is wrong. When Mr. Besthoff came up I think I pronounced it correctly, Richard said, well what is the remedy? Then you inferred that it was political, we have a political remedy. It is not a political remedy most people see things in terms of politics, Republicans not wanting to control development and control what happens in government and the Democrats wanting to do that, but that is not true. We are talking about ethical matters that have nothing to do with political parties. It has to do with right and wrong. Fore instances I complained to a Democratic who was Supervisor here and he was informed that the Million Dollar Half mile had an awful lot of gasoline on the pavement where cars were parked and that was a storm water problem. I do not think that has ever been addressed. That was a long time ago wasn’t it. So, we have thousands and thousands of ethical problems where people have to say well this is wrong. You are not doing anything wrong as a Town Board you cannot look the other way and say, and your workers here you have Mr. Missita’s assistant is he speaking tonight about this I think he should address this because these are ethical questions. What are we doing? We have to say what is right and what is wrong, with regard to Mr. Besthoff’s project and what is going on is now, this is a good point with regard to Richard too, because in the last project we had on Meadowbrook Road the developer said well we are going to bring in a hydrologist, and so therefore where we going to have good science or bad science? Richard interfered right a way and said no, that is it, we are going to carry this further. Now, in many situations fore instance chewing tobacco I remember in the 70’s somebody on television saying being a scientist saying there is nothing wrong with chewing tobacco it does not cause cancer of the mouth. So, what you are dealing with are ethical questions, is it good science or bad science. Is what Mr. Salvador says correct or incorrect. I think you have to address those issues and make sure that the workers of the Town address those issues also. They are all ethical issues. What is right and what is wrong. Is it good science or bad science. Thank you very much gentlemen. 166 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Councilman Sanford-Well lets establish a dialog here for a second. Mr. Rahill-I am going to sit down an wait, I am not going to respond to you. I want you to give me the answers, all right? Councilman Sanford-After WWII they did a correlation study on smoking and behavior health and they concluded that smoking was a good thing because it helped your behavioral health. So, statistics can be difficult, but I think if you go back to the comments you made I am not sure what your point was I am not sure they were critical or intended to be. In the case of Richard Besthoff Mr. Rahill-That was not intended to be critical that was laudatory actually, I think you did a fantastic job, I think that you put down a marker for developers in the community and said we are going to do things properly in Queensbury and I hope that you comply with that in the future. We are going to call the shots and one of the things you hired the developer for, the people who are going, Saratoga Associates what did you hire them for? This is not a behavioral problem, this is a moral philosophers speaking, they told you, what did they say? They said you are in the cat bird seat, you can call the shots in the Town of Queensbury. You can tell the developers what can be developed, where it can be developed. What did we spend all that money for. So you are in the cat bird seat right now and you did a great job Richard so I wasn’t being derogatory in any way shape or form I was being very, very honest and sincere. Councilman Sanford-I have had a number of conversations with Richard on the issues that he raised and I think it is a problem to this Town because if you have a situation we try to map it out, what if’s. We were doing very fine until today when he said to me well what if all the engineering and everything that is on the piece of paper just doesn’t work, and then the buildings have been built and what is the remedy. I scratched my head and I said, you know the answer is it depends really on what the Town wants to do. That is going back to your point which is does the Town want to do what is right or do they want to basically say it is not our problem. I think that, that is why I am glad he brought it up and I do not think there is a definitive answer and that is what I meant when I said it is political it is depended upon the normally the five of us who have been elected to do the right thing. If for some reason there is something wrong with the design I would hope that we would do the right thing. Mr. Rahill-That is an excellent answer because that was in Plato’s Republic and Thrasymachus said to Socrates might makes right. When he was talking about might he was talking about the covenants of the Town and Governments and so therefore when the covenants of government say it is right, it is right. Socrates said what about those people who go out into the Harbor of Piraeus in the night time to go out, they do not have to, it is not right or wrong it is what they want to do to serve the people. So, what you are doing is serving the people. It is not what the town’s whim or it is not whimsical it is what is right for the benefit of the town and for the water in the Town to make it clean to make sure the water is not running where it is not supposed to be running. That is right or wrong. So, therefore we are talking about here not might makes right but rather an Aristotelian concept which is the common good, what is the common good of the Town of Queensbury. So, there is a distention there Richard and it is a very important one. So, that is when I say right or wrong I am talking about the common good of Queensbury and that’s what it always should be. The common good of our community. Acting Supervisor Boor-Would anyone else like to comment on, Mr. Auer Mr. Douglas Auer-Good evening gentlemen, Doug Auer 16 Oakwood Drive I want to make a comment and then ask a question actually about the sewer district extension that you are going to be doing just so I do not forget. Just a matter of trying to add a little clarification, I love listening to Bernie, but one of the things that I think in terms of engineering it is sort of like with what Doctors do when they take an oath. We will do no harm is the concept. Best information available is what I think all engineers go on. Civil Engineers have a difficult job because a lot of times you are having to do with subjective things that it is not like electrical engineering or mechanical engineering even, it gets a little bit artsy at times. One of the things about the Meadowbrook Road thing, the, there 167 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 really was two situations there, number one the County decided to do a road re-alignment with Meadowbrook Road because they felt that the sight line, and it is true anyone that drives on Haviland Road knows that when you come up that hill heading west or I am sorry heading east to the golf course you see that there is a problem right away you are at Meadowbrook Road and if somebody is either slow coming out or crossing traffic or whatever you really don’t have very much time to react and if there is slippery road conditions. So, the idea was to move the intersection of Meadowbrook meets Haviland further to the east and that gave you quite a bit of additional room. Now, in doing that what they did, what the County did was they said lets also raise the road grade up so that when you come to Meadowbrook Road you will not be slightly up hill. You will be at the same grade of Meadowbrook, so they started raising it up slowly so that it hit Meadowbrook Road at an angle, it did not hit it at an angle basically it came in flat with it which is a little bit better than what you have now. So, that is why you see those manhole rims higher, that is because those are in the right of way and they will be at that elevation now. It is my understanding also that they are not going to change anything on the existing Meadowbrook Road they are simply going to remove the pavement from that and grass that over and that is because there are utilities under neigh there. So, you are going to have a somewhat higher elevation of road there plus the new road in net really the surface runoff that occurs there would be no different than what it is. The best engineering in the two groups that looked at this both the County from their road design and the developer originally. That is just a matter of a little bit of clarification on that. What I wanted to ask a question about and I do not have any idea where this is going but what do you all expect to see happen with the plan to get the folks on Surrey Fields in the Town I guess this complex here will go onto a sewer at some point? What is the, how is that shaping up in terms of actually happening? I know that you did approve the map, plan and report for the Cedars I guess and so there will be a sewer come up to that point but will there be a sewer district extension including those folks and the town or how do you plan to see this shaping up? Acting Supervisor Boor-I do not believe that is the case I do not have the map, plan and report in front of me but I believe this building is in that district, Surrey Fields would be an out of district contract user and it is really out of the towns hands, it is up to private developers now to either make good with what they have approval to do or not. The Town is no way ever going to be on the hook monetarily or responsible for. Whether or not that happens as proposed in the map, plan and report that we authorized. Mr. Auer-Does that preclude those folks over at Surrey Fields from, because there was a proposal on the table to have a gravity line that goes down hill heading basically to the east that would take you down to a low point and then pump up to the Hiland new Hiland Estates Subdivision and connect the gravity at that point. So, my question is are they precluded from connecting if for some reason developers don’t bring this up far enough that Acting Supervisor Boor-I do not believe that they are precluded and I have given as much of a guarantee that I could that should this not happen that I would not let them hanging, hang over there and that we would find a method of connecting up at Mr. Schermerhorns project at the top of Haviland. I do not foresee that having to take place but again it really the driver right now is the Cedars and if they still are receiving help financially from this corner property that may be the case but it is not really in the towns hands at this point in time. Councilman Sanford-I believe the preference is now that the map, plan and report was approved for the Bay Road extension is that would truncate at Blind Rock and then Surrey Fields would be a contract user and tie in there. That is the preference, now if something goes wrong I think what Mr. Boor is suggesting is that does not preclude going to the east and tapping into the Schermerhorn projects or extensions over there. But, unless something has happened that I am not aware of I mean, I think that is what Surrey Fields is looking to do, that is what the people who are going to be responsible for building the extension are anticipating happening. Mr. Auer-That is doing a good job, thank you. 168 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Acting Supervisor Boor-Richard? Mr. Richard Besthoff-It was nice to hear Mr. Auer’s explanation but I think it was more of a clarification, it wasn’t a clarification I think it was an opinion. First of all if the new road is going to be two and a half feet higher than the existing road the water is going to seek it lowest level and will flow down. It will flow across the old Meadowbrook Road which is going to be torn up and it is going to flow down on the Meadowbrook property. Now, there is going to be twenty seven thousand cubic feet of dirt that is going to be excavated when they put these foundations in. When they put the foundations in, that dirt is going to go somewhere it is going to go and build the property up. The property is going to be built up the road is going to be up the water is going to flow in one direction it is going to flow south and it is going to flow southwest. That is my concern and that is the concern of the people at Waverly Place. Number two, Marilyn that was a very nice report that you had and you spoke about having cooperation with the builders where they make so to speak a finalization report to the Town when their job is over. Now, I do not think that this report should be considered the Bible where it is rubber stamped I believe field visits should be mandatory, mandatory on all projects so that the Town engineer will ensure concurrent’s to the Building and Storm water Management Plan. I think that is very important for everybody to take a look at, that they do concur to what they are supposed to build that is what they do. It should not be well here is the report and somebody sits in the office and takes a look at it. I come from an industry where field visits were a necessity, you had to get out there an see what was done, see what the soil was. We know that the soil of that area is not conducive to absorption that is clay, that water is going to run off those houses down their driveways, down the streets and across the road. Acting Supervisor Boor-I think one of the things I do not have a written copy of the presentation that Marilyn provided us but one of the things that I was pleased to see in it was the post construction compliance. All be it historically maybe, we certainly could have done a better job on a lot of projects but I truly believe we are moving in the right direction and I think that we will take very seriously the post compliance reporting and the follow ups which I think is a legitimate concern and it is one you voiced I think quite well. Again, until something happens it is kind of hard to guess, but I think we get it though. Mr. Besthoff-I will be out there with my camera. Councilman Sanford-Just to reiterate some of the comments that we discussed earlier today, when you reviewed the Storm Water Management Report the maps that were in that report were not as detailed as the ones that I reviewed when I met with some representatives from the Town as well as Bob Vollaro. You are correct the re-routing of Meadowbrook to angle off is elevated and of course you are having those commercial sites that are going to be to the west of that road and any of those sites that are proposed to be developed would be subject to site plan and also a Seqra Review. So, that would be addressed at that point. But regarding the developments road that will meet, which will enter into the Meadowbrook re-routing and will go over to the Haviland Road what you did not have the benefit of it and I thought that we communicated on this is that from that point of the higher elevation it will have a downward slope moving towards the east and then from the extreme east it will have a downward slope moving to the west and will meet in a catchments area some distance from that road and then if they hold up fine if not the flow will be not to the west but it will be to the southeast. That I thought I communicated with you based on the diagrams and the review of the contours seems to play out. Now, having said all of that if those contours are altered then all bets are off and I think that is what your point is. But, yet according to how everything is laid out it should work. Now, if they all of a sudden bring in more fill than is suggested we could have an issue but right now, again, you know there is reason to be concern and want to police it but it does look like many of your questions were addressed in the engineering of this, ok? I just wanted to point that out. Mr. Besthoff-One other thing just to bear in mind that on the east side of the existing Meadowbrook Road in the two hundred yard span the property drops forty feet. So, 169 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 anything that comes across is really going to rap right around our property and all the way down, you know, down toward Cronin Road so to speak. Councilman Sanford-Actually a lot of those flows though to the east I think you are talking Mr. Besthoff-I am speaking to the west. Councilman Sanford-ok, to the west is going over to Waverly Mr. Besthoff-to Waverly, right. That is going over to Waverly it is going into the wetlands and from the wetlands down to Halfway Brook. Councilman Sanford-The key here is that all indications are that post construction will not cause any more of a storm water flow through that culvert into the Waverly than currently exists now. That is I think going right back to the core of your initial question is what if something happens and that is not the case and that is what we were talking about. But, I will tell you one thing, I feel better after the conversations that I have had with you as well as the Town people that this has been pretty well thought out and I just hope that it is executed in the same way. Mr. Besthoff-Ok, I guess just one last thing here, also on the west side of Meadowbrook Road and intersection of Haviland the Michaels Group will be, is planning to build Waverly II there so we should also keep in mind the storm water management because they will be building on the peak of that hill and everything is going to run down, so if we know ahead of time before they come in and give you their report, that we stay on top of it. Councilman Boor-This is a never ending situation, you have to be vigilant all the time. It is helpful to hear comment like this. Councilman Sanford-We cannot comment on that, that project hasn’t even been proposed yet but when we were discussing your concerns my observation was that, that is inherently going to be far more problematic because again you are going to have increased density across the street and then you have a situation and I know Waverly pretty well and you have the slopes in the back and yea, that is going to be a difficult one. I hear you if and when that happens. Mr. Besthoff-Thank you for your time. Acting Supervisor Boor-Anyone else? Mr. Salvador. Mr. John Salvador-I think Mr. Auer for trying to help us Civil Engineers but I am not going to throw this away. Councilman Sanford-What is that your comb? Mr. Salvador-It is a slide rule. Acting Supervisor Boor-I had a feeling. Councilman Sanford-Is that your slide rule? Mr. Salvador-With regard to Surrey Fields, regardless of which direction the wastewater flows, I believe it is going to be necessary for that organization to form a Transportation Corporation. Acting Supervisor Boor-I do not know. Mr. Salvador-That should be researched because. Acting Supervisor Boor-It will have to be John in order for them to get approvals. 170 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Mr. Salvador-Excuse me? Acting Supervisor Boor-It would have to be for them to get approvals and I here again I appreciate the information it is just premature, that is all. Mr. Salvador-But, somebody has to carry this ball somebody has to initiate Acting Supervisor Boor-The game has to start before you can carry the ball, they have not broken ground down here yet so I think to put a whole lot of time worry about how Surrey Fields may handle this when in fact they haven’t put a shovel in the ground down here. We have a lot on our plate and that’s Mr. Salvador-The fact remains you heard residents from Surrey Fields come to this microphone and complain about failure, now a homeowners idea thought of a failure is when his toilet backs up. That is a failure to the homeowner. To Mr. Hatin the failure is it could happen six months later when it comes to the surface of the ground. So, I think you have a problem in that you have homeowner that’s upset with what they have been sold. What is the solution, somebody has got to start this ball rolling to the solution I think it is just going to get worse and worse with no solution. Acting Supervisor Boor-Thank you. Anybody else? I am going to leave this non public st hearing open and as Ms. Marilyn pointed out we have I believe until May 31 for anybody in the TV viewing arena or anybody in this audience to make comments either on the webpage, write a letter, come in, in person and we certainly encourage it. Councilman Sanford-Just one question, when is this report due? st Director Ryba-It is due June 1. st Councilman Sanford-June 1. Director Ryba-Yes. Councilman Sanford-Does it require Town Board action? Acting Supervisor Boor-No. Director Ryba-No, your action was already taken when you submitted your Notice of Intent in 2003. Councilman Sanford-I just did not know if we kept it open if we were going to miss a deadline and we had to close it before you submit the report. Director Ryba-No. The public hearing I think as I started out saying was intended to be able to transcribe, word for word so we can submit those comments to the DEC. Just a little bit more of a formal process than we have done in the past. I would if it is ok, I wanted to make one clarification because I heard from Mr. Besthoff a concern about post construction field visits. We do follow up on all of the site applications and we do look at all those field visits. I think on of the differences between what we do right now and what is going to be required by 2008 is that every single year for every single development from now until who knows how long we have to do a post construction site visit annually. So, that would be an cumulative affect and that was one of the concerns I iterated but I just did want to make sure that everyone understood that we currently do all of those site visits as I had stated. There were a hundred applications and each one takes two to three visits just for looking at the site plan period, let alone some of the storm water follow up if there are complaints or violations. Acting Supervisor Boor-Well again, thank you Marilyn in lieu of the technical difficulties. I think what we will do at this point is to go back to Privilege of the Floor. 171 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 5.0 CONTINUATION OF PRIVILEGE OF THE FLOOR Mr. Pliney Tucker-Res. 7.2 Appointing Animal Control Officer and 7.3 Temporary employment of Colleen Kimble as Animal Control Officer what is the reason? Acting Supervisor Boor-Ms. Kimble would be hired for training purposes for a limited amount of time. Mr. Tucker-Will the ACO also represent the City of Glens Falls? Acting Supervisor Boor-I am not aware of that being part of this, this is strictly the appointment of the individual. We have not done any renegotiation or contractual obligation with the City of Glens Falls. Mr. Tucker-Re: Workshop Meeting with Fire Companies Under our present system why can’t we appoint fire commissioners representing each fire department? Acting Supervisor Boor-My understanding is it is somewhat limited if we went that route we would appoint them until the first election at which time the district itself its geographical boundaries would appoint the five commissioners from within. Councilman Strough-I think Pliney is suggesting a hi bred of fire protection and fire districts, why can’t we have fire protection districts but have five commissioners run them? I do not think any of us knows the answer. Councilman Sanford-My understanding is that you have either or, a fire protection district which is what we have now or fire districts and they could take on any kind of permutations. The first decision that has to be made is whether or not your elected officials ie this five person board feels it is appropriate to go to districts. That has not been decided. If we were to go to districts we would have to figure out how many, what would be the boundaries for these districts and what have you. The Town Board would appoint a commissioner for each district and then they would hold elections for each district. Noted once you go districting you cannot go back. Councilman Boor-The Town Board would then have no authority to force them to go back to a protection district, once they are a fire district. The decisions are made by the voting public within that district. Councilman Sanford-The majority consensus of this Board following that workshop is we have far more questions than we have answers at this particular point in time in terms of what direction might make best sense for the Town. Councilman Strough-Some of us met with North Q, and they had an expert there from Clifton Park and we could use somebody like him to answer the Town Board’s and the citizen’s questions on this. In the future we will get someone here to answer these questions. Mr. Tucker-The Fire Company own their own buildings and the New York State Finance Law taxpayers money cannot be spent on a building that a tax payers do not own. Councilman Boor-I am going to have to take exception to that, I do not think that is the case when it comes to fire departments. I can tell you if it goes to a district the district owns it, I believe, I say that with somewhat certainty but my understanding is once you go to district all the taxpayers in that district own it. Mr. Tucker-The other night the Recreation Commission awarded bids on Lafayette Park and there was one on a retaining wall, I believe the price was thirteen thousand some dollars from a guy in Rochester. Councilman Sanford-If it is the same issue you are talking about it is a proprietary product and Duke Concrete has a product that would be a couple of thousand dollars less 172 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 expensive and I received a call from a Representative from Duke wanting me to explore this further. The Rec. Dept. came to us asking for additional monies because they were over their cap and it was approved and he was saying in the actual proposal that was awarded to the O’Connor Construction Company there was alternate courses that could be taken and one could have been to use Duke Concrete product which would have resulted in whatever several thousand dollars savings and the suggestion was, was it appropriate to request additional monies from the Town in a situation where they could have merely selected an alternative and saved a few of those thousands. At this particular point in time I am pursuing it with Steve Lovering we have played some phone tag on Friday. I want to make sure if we are going with the more expensive out of town vendor and actually have to receive extra money from the Town that there is a compelling reason to do so. I will get back to you on that. Mr. John Salvador-Questioned the ownership of Crandall Library because it is a library district. Questioned the hiring of Colleen Kimble as an independent contractor, there are a lot of restrictions on being called an independent contractor. Acting Supervisor Boor-We can certainly look into that. Mr. Salvador-Re: Buildings on Lake George noted the developer has exceeded the scope of the permitted work, noted he filed a formal complaint, but the violations continue. Noted the Zoning Administrator has found the files in order with the building permits issued….the investigation has not been conducted and the report has not been made .. Acting Supervisor Boor-I am familiar with the project you are referring to and to your credit you have brought it to our attention many times and I am aware of everything that you are saying, would it be good enough if I told you I will look into it and see what I can do, you have raised some valid questions and they need to be addressed. Mr. Salvador-The most disturbing thing to me is that the Zoning Administrator fails to act, he has an obligation in the Code to investigate and report to you that is what I hope you insist on being done. Councilman Strough-You are saying that this project is of such magnitude it has gone beyond a renovation, that this should have gone thorough Site Plan Review is that what you are suggesting? Mr. Salvador-It should have gone thorough some kind of Board Review it qualifies for that as new construction. Mr. Peter Brothers-Res. 7.2 & 7.3 Questioned can this be done at the County level where they might have equipment already where we do not have to purchase equipment and be an additional burden to tax. Acting Supervisor Boor-I do not believe that we are purchasing any equipment this is strictly a man power issue, filling a vacancy. Councilman Sanford-We are filling a vacancy but we are hiring on a temporary basis an individual to perform training. Acting Supervisor Boor-Asked for further comments (none) 6.0 TOWN BOARD DISCUSSIONS Councilman Sanford-None Councilman Strough- 173 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 1.Article in Post Star – Saratoga Springs saving $220,000 on their insurance by changing providers. I think we should do some hard investigating and see if we are getting the best bang for our buck here as well Councilman Sanford-We are going for an RFP on our insurance. 2.Sent a letter to Verizon stating we are interested in seeking their interest in have a fiber optic Cable TV Option…hopefully we will hear back from them. 3. From American Wetlands – specifically the Adirondack Wetlands - listed the differences between marshes, wetlands and bogs - Marshes are the wettest of the Adirondack wetlands and very in depth from six inches to six feet, they are found along the margins of the lake - Bogs resemble other types of wetlands but more isolated from the flow of ground water and nutrients that ..all other wetlands communities, bogs depend on rain for most of their water supply. – Swamps are areas where woody vegetation grow in soil that are often waterlogged is seldom flooded than more than a few inches. Acting Supervisor Boor-Warren County Historical Society is in a position where they must leave their current location by September of this year. Marilyn VanDyke has approached the Board with a plan, to see if the Town Board would be interested in using the space that is currently not being use in the old Sunnyside Fire house to house Warren County Historical Society. She is also working with the Grange, at the Oneida Corners of Sunnyside And Ridge Road. It is a historical building they are in a situation where their financial status is questionable and they are looking for help. Should they fail the building reverts back to Federal ownership and they could sell it and probably for development. As pointed out in the work that was done by consultants we hired with regards to the Comprehensive Land Use Plan they make a lot of reference to the importance of protecting historical places and I cannot think of a more historical place in my Ward anyway. It is a wonderful building. There is what is called a Heritage Corners which could avail the organization the ability to apply for grant monies. The fire house currently houses the voting machines, the Head of Building and Grounds also stores items in the back. The area that the Warren Co. Historical Society is looking to use is neither of these. They would be willing to pay for utilities in the building which off sets the cost that the taxpayers are currently strapped with, I think it is a great thing for the area. I look at it as doing a favor to the community. Glens Falls who certainly has a lot of financial issues and difficulties and yet they are able to house non profits like the Hyde, the Chapman buildings that we as citizens of Queensbury appreciate and use. The fact that they must vacate in September where they are in Glens Falls avails the opportunity to us to do something good. I am very impressed with the improvements in this area. Spoke on how the late Attorney Jack Mannix worked for the organization and he was very interested in pursuing what I am referring to. Noted that he did a walk thorough of the facility, to see what would have to be changed in the building, as a contractor I did not see what was being asked was more than a six to seven thousand dollar tops for improvements, those would bring the building into compliance with the American for Disabilities Act. I see this as a win, win and hoping when the two other members of this board come back and Marilyn is prepared that we can move forward on this, I think it is a good thing for the community. Noted a handout on Sensitive Shore th Line and Uplands Areas, this will be presentation on May 25 at 7:00 P.M. in this room and this is for the Fund for Lake George. Director Ryba-This is a project manual looking at scenic vistas and other items for the protections of the lake. Acting Supervisor Boor-I would recommend that those that are concerned about development and over development and the general look of the Town of Queensbury attend this, I think it will be very helpful. th Councilman Strough-Announced the Memorial Day Parade – May 29 Joint parade with Glens Falls and Queensbury starting at 10:00 A.M. It will leave from Maple Street/Glen Street intersection and go down Glen Street going north to Crandall Park and 174 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 then there will be remembrance ceremony following that. Don’t forget what Memorial Day is All About. Thanked the Highway Dept. for a flat bed truck for one of the bands. 7.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC. RESOLUTION NO. 254, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously entered into an agreement th dated September 20, 1999 with the SPCA of Upstate New York, Inc., (SPCA), providing for the placement of dogs seized in accordance with New York State Agriculture and Markets Law Article 7 and Queensbury Town Code Chapter 73, and WHEREAS, such agreement has been presented at this meeting for review, and WHEREAS, SPCA and the Town wish to incorporate the terms of such Agreement into a new contract for services, the proposed “2006 Secondary Contract” which has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the 2006 Secondary Contract between the Town of Queensbury and the SPCA of Upstate New York, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Animal Control Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. 175 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Stec, Mr. Brewer Discussion held: Acting Supervisor Boor-The prices for spaying and neutering were established under the old contract in 1999 -2000 and this simply a twenty dollar increase for both of those procedures. RESOLUTION AUTHORIZING APPOINTMENT OF ERIC BUONVIAGGIO AS ANIMAL CONTROL OFFICER RESOLUTION NO.: 255, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Town of Queensbury’s Animal Control Officer recently submitted his resignation, and WHEREAS, the Executive Director of Community Development posted availability and reviewed the current Warren County Civil Service List for the position, reviewed resumes and interviewed candidates, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the provisional employment of Eric Buonviaggio as Town Animal Control Officer as Mr. Buonviaggio is listed as one of the top three (3) candidates on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Eric Buonviaggio th as Town Animal Control Officer effective May 16, 2006, subject to a six (6) month probation period, completion of a pre-employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, 176 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that Mr. Buonviaggio shall be paid $14.67 per hour (the rate of pay delineated for the position in the Town’s Agreement with CSEA) to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING TEMPORARY EMPLOYMENT OF COLLEEN KIMBLE AS ANIMAL CONTROL OFFICER ON INDEPENDENT CONTRACTOR BASIS RESOLUTION NO. , 2006 MOTION WITHDRAWN INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION, SECONDED BY: Mr. Richard Sanford Discussion held: Councilman Sanford-By hiring an independent contractor its suggestive that perhaps the skills set or the knowledge of the position is not contained anywhere else but within the person holding that position. Director Ryba-In this particular instance as in a number of people that are employed under Community Development such as Building and Codes all staff is required to have so much training per year and training that is State mandated that I do not provide, the same thing with Animal Control Officer they have to meet certain training that is provided by the State and not by the Supervisor. In this instance there was a Civil Service Exam that was provided, there was a list and we had to take from one of those top three people on the list. The Animal Control Officers works with the Town Clerk and many communities actually Animal Control Office under the supervision of the Town Clerk vs another department. Councilman Sanford-Once the position is established how is the capabilities or job performance of that person going to be evaluated if the immediate supervisor doesn’t really have a comprehensive understanding of what the person does or how well they should do it. Director Ryba-There is a job description, there is a difference between a comprehensive understanding and detailed legal aspects of the code, and the general knowledge base of who the person works with and in many instances there is a person on board who can help facilitate that. I think one of the concerns maybe to what degree is someone expected to know every single aspect of every single job, in terms of evaluation there is still sufficient, are there complaints, 177 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 how is a person dealing with the public, how is the person dealing with staff that they work with, what is the team work atmosphere, there is a lot that goes into evaluations. I have done six month probation evaluations but there is no standard procedure for evaluations. Acting Supervisor Boor-We are identifying Colleen as an independent contractor questioned if we are W-2 her? Director Ryba-No we are not. Acting Supervisor Boor-Will she carry her own insurance? Director Ryba-She will get a 1099 form for reporting purposes…in terms of insurance I did check with the Budget Officer and so she will not be allowed to drive a vehicle for example. Just as any public person would be covered under our insurance. Acting Supervisor Boor-Will she interfacing with animals? If she was bitten by an animal, is the Town’s insurance covering her or as an independent contractor is she carrying her own insurance? Director Ryba-She carries her own as we would with any person that we do temporary work with one of the things though was that in working with the person that is appointed as the Animal Control Officer that is the person that does the actual work. Councilman Sanford-Noted that we want to make sure there is workers compensation coverage, has that been looked into? Director Ryba-I had asked about it I couldn’t give you the details on that, that is certainly something that we can check into. Councilman Strough and Councilman Sanford withdrew their motion. Board requested that insurance issue be reviewed before this is brought to a vote and how a person can be hired on a part time, temporary basis with a W-2. RESOLUTION AUTHORIZING HIRING OF KEVIN MONETTE AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO. 256, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that there is a vacant full-time Laborer position in the Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of Kevin Monette, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Kevin Monette as a full-time Laborer in the Town’s Water th Department effective May 16, 2006 subject to an eight (8) month probationary period and the passing of a pre-employment physical, and 178 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Monette be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of May, 2006 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION APPOINTING CURRENT ALTERNATE DONALD SIPP AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 257, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 98.2006, the Town Board appointed Donald Sipp as an alternate member of the Planning Board, and WHEREAS, a regular member Planning Board vacancy exists due to the resignation of former Planning Board member George Goetz and therefore the Town Board wishes to appoint Donald Sipp to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT 179 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Donald Sipp to serve as a regular member of the Queensbury Planning Board until his term expires on December 31, 2012. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION SETTING HEARING ON JOLLEY ASSOCIATES’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1412 STATE ROUTE 9 RESOLUTION NO.: 258, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Jolley Associates has applied to the Town Board for a variance/waiver § one year from Town Code 136-44 for a extension of the Town’s connection requirements to connect its Exit 20 Mobil Station property located at 1412 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the site is scheduled for demolition and redevelopment in April 2007 or sooner and therefore the Applicant would like to postpone the sewer reconnection until that time, and the property’s current septic tank/leech field system is working well, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT 180 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th June 5, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jolley Associates’ sewer connection variance/waiver application concerning property located at its Exit 20 Mobil Station property, 1412 State Route 9, Queensbury (Tax Map No.: 288.16-1-3), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer Discussion held: Board agreed to a one year waiver. RESOLUTION AUTHORIZING HIRING OF JACK CLOSE AS PART- TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. : 259, 2006 INTRODUCED BY Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town of Queensbury Landfill Equipment Operator has requested Town Board authorization to hire Jack Close as a part-time Laborer to work at the Town Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th Landfill Equipment Operator to hire Jack Close as a part-time Laborer effective May 5, 2006, and BE IT FURTHER, 181 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that Mr. Close shall be paid $12 per hour as set forth in Town Board Resolution No.: 595,2005 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Landfill Equipment Operator and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM KATHLEEN IRION RESOLUTION NO.: 260, 2006 INTRODUCED BY : Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2) cemetery lots in the Pine View Cemetery to Kathleen Irion – Lot No.: 28A, Hudson One (two graves), and WHEREAS, Ms. Irion wishes to sell her lots back to the Cemetery Commission, and WHEREAS, the Cemetery Commission and Cemetery Superintendent recommend re-purchase of the lots and requests approval of the re-purchases from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of lots in the Pine View Cemetery from Kathleen Irion (Lot No.: 28A, Hudson One – two graves) for the amount of $467, and 182 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such respective amounts to the respective sellers and properly account for the sales in the Town’s books and records. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION SETTING HEARING ON DANIEL LOMBARD’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1477 STATE ROUTE 9 RESOLUTION NO.: 261, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Daniel Lombard has applied to the Town Board for a variance/waiver § one year from Town Code 136-44 for a extension of the Town’s connection requirements to connect the Scooter’s Auction Warehouse property located at 1477 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property is under contract to be sold and the new owner plans to demolish the building in the fall of 2006 and therefore it would be a waste of time and money to hook the property up both now and again next fall, and the property’s current septic system is adequate, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT 183 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th June 5, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Daniel Lombard’s sewer connection variance/waiver application concerning the Scooter’s Auction Warehouse property located at 1477 State Route 9, Queensbury (Tax Map No.: 288.00-1-59), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT TH GREAT ESCAPE THEME PARK ON JUNE 9, 2006 RESOLUTION NO.: 262, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., has requested permission to conduct a fireworks display as follows: SPONSOR: Americade, Inc. PLACE: Great Escape Theme Park th DATE: Friday, June 9, 2006 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks 184 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 permit to Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., subject to the following conditions: 1.An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc. The Sponsor and/or entity performing the fireworks display shall finalize all display arrangements in a way and timeframe to ensure that all Fire Marshal and/or Fire Chief inspections can be conducted during normal business hours only so that all such inspections can be completed during daylight hours. 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, 185 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION “GREAT STRIDES” WALK-A-THON RESOLUTION NO. 263, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 186 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great Strides” walk to cure cystic fibrosis as follows: SPONSOR : Cystic Fibrosis Foundation EVENT : GREAT STRIDES WALK th DATE : Saturday, May 20, 2006 TIME : Approximately 9:00 a.m. – 12:00 noon PLACE : Beginning and ending at West Mountain (Letter Regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO COVER COSTS OF MONITORING AND MAINTAINING CLOSED LANDFILL RESOLUTION NO.: 264, 2005 187 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Budget Officer has advised the Town Board that a transfer is needed in the amount of $7,117.53 from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #910 for the year 2005 to cover the costs of monitoring and maintaining the closed Town landfill, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of $7,117.53 in funds from the Landfill Reserve Fund #63 to the Transfer Station Operating Fund #910 to cover the costs of monitoring and maintaining the closed Town Landfill, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to transfer funds and amend the 2006 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR BOSS HOSS CYCLES & TRIKES OF STAMFORD RESOLUTION NO.: 265, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Boss Hoss Cycles & Trikes of Stamford has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market th th License to conduct a transient merchant market from June 6through June 10, 2006 at 188 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 1468 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2006 application depicts the same level of operations as approved with the applicant’s 2005 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Boss Hoss Cycles & Trikes of Stamford (Applicant) to conduct a transient merchant market located at 1468 State Route 9, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Applicant must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 6 through June 10, 2006 from 8:30 a.m. to 4:30 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. The Applicant must comply with all regulations specified in Town Code §160-8. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer 189 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 Discussion held before vote: Councilman Sanford-noted that the Planning Board had many discussions on the use of tents, noted in this case it is temporary Acting Supervisor Boor- Questioned if these request are reviewed on an annual basis? Director Ryba-Yes. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR SUPER SHOE RESOLUTION NO.: 266, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Super Shoe has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient th th merchant market from June 6through June 10, 2006 in the parking lot located at 1499 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2006 application depicts the same level of operations as approved with the applicant’s 2005 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Super Shoe (Applicant) to conduct a transient merchant market for 3-wheel conversions for motorcycles, in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 4. Applicant must pay all fees as required by Town Code Chapter 160; 5. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 6. Applicant must submit proof of authorization to do business in New York and 190 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 authorization of agent to receive service of summons or other legal process in New York; thth 7. The License shall be valid only from June 6 through June 10, 2006 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 8. The Transient Merchant License shall not be assignable; and 9. The Applicant must comply with all regulations specified in Town Code §160-8. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT TH GREAT ESCAPE THEME PARK ON JUNE 17, 2006 RESOLUTION NO.: 267, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Alonzo Fireworks Display, Inc., on behalf of the Queensbury Family of Emergency Services, has requested permission to conduct a fireworks display as follows: SPONSOR: Queensbury Family of Emergency Services PLACE: Great Escape Theme Park th DATE: Saturday, June 17, 2006 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of the Queensbury Family of Emergency Services, subject to the following conditions: 191 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 2.An application for permit be filed which sets forth: H. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. I. The date and time of day at which the display is to be held. J. The exact location planned for the display. K. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. L. The number and kind of fireworks to be discharged. M. The manner and place of storage of such fireworks prior to the display. N. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 3. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 5. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc. The Sponsor and/or entity performing the fireworks display shall finalize all display arrangements in a way and timeframe to ensure that all Fire Marshal and/or Fire Chief inspections can be conducted during normal business hours only so that all such inspections can be completed during daylight hours. 6. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: 192 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer RESOLUTION AUTHORIZING APPOINTMENT OF CLERK IN THE COMMUNITY DEVELOPMENT DEPARTMENTS RESOLUTION NO.: 268, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Clerk in the Town’s Community Development Department recently submitted her resignation, and 193 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 WHEREAS, the Executive Director of Community Development posted availability and reviewed the current Warren County Civil Service List for the position, reviewed resumes and interviewed candidates, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the provisional employment of Jennifer Henderson as a Clerk in the Community Development Department as Ms. Henderson is listed as one of the top three (3) candidates on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer Henderson th as a Clerk in the Town’s Community Development Department effective May 16, 2006, subject to a six (6) month probation period, completion of a pre-employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Ms. Henderson shall be paid $13.48 per hour (the rate of pay delineated for the position in the Town’s Agreement with CSEA) to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : None ABSENT : Mr. Stec, Mr. Brewer Discussion held before vote: Councilman Sanford-This is a replacement for an individual who is retired and in the private sector we use to revisit the need for replacements it was not a presumption that a replacement is a done deal and in this particular case there hasn’t been discussion it has been pretty much the presumption that it will be replaced and I just hope that this is well thought out and the need is clearly demonstrated and that, I would hope that the Town Board may wish to take this under advisement in terms of future protocol. Sometimes you find that there is opportunity to scale back a little bit and realign positions and save the taxpayers a little bit of money. If we always assume that when a person leaves 194 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 a position it is replaced you are going to miss some opportunities. Director Ryba-This is a union position CSEA bargaining position so it is position that is established with the Union so there is a particular process involved if a position were to be eliminated, it is also a position that is included in the budget. Also noted that this particular position does receive a significant number of phone calls in putting together appointments basically for the Building Inspectors. Acting Supervisor Boor-Noted that recently a position was eliminated… Councilman Sanford-Re: budget, the budget is used as an end all justification for taking action and the bottom line is if you budget something and it proves to be un-necessary then by all means take advantage of some cost savings. Director Ryba-Under Civil Service one of the requirements is that it is in the budget, that is why I mentioned it. Councilman Sanford-Noted that at a workshop we can talk about these things. RESOLUTION TO AMEND 2005 BUDGET AS AMENDED RESOLUTION NO.: 269, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 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, 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 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 004-5130-2040 004-5110-4620 19,268. (Heavy Equip.) (Road Paving Materials) 004-5130-2050 004-5130-4410 400. (Radio Equip.) (Fuel) th Duly adopted this 15 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Stec, Mr. Brewer Discussion held before vote: Councilman Sanford-Questioned the $35,612. from contingency to employee benefits, why the increase… Councilman Strough-Previously introduced the resolution and will agree to pull that figure from the Resolution for further review. Agreed to by Councilman Sanford and the entire Board. 195 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MAY 15, 2006 RESOLUTION NO.: 270, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of May 11, 2006 and a payment due date of May th 16, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of May 11, 2006 and payment due date of May 16, 2006 and totaling $225,322.45, 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 15 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Stec, Mr. Brewer Councilman Sanford-Congratulated Acting Supervisor Boor for doing a nice job conducting an efficient meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 271.2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. 196 REGULAR TOWN BOARD MEETING 05-15-2006 MTG. #18 th Duly adopted this 15 day of May, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Boor NOES: None ABSENT: Mr. Stec, Mr. Brewer Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury