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2007-10-01 MTG42 1 TOWN BORD MEETING 10-01-2007 MTG. #42 TOWN BOARD MEETING MTG. #42 OCTOBER 1, 2007 RES.435-441 7:00 p.m. BOH 22-23 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH 1.0BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 435.2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. st Duly adopted this 1 day of October, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PAUL TEASDALE AND CHANTAL BARIL RESOLUTION NO.: 22, 2007 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, Paul Teasdale and Chantal Baril have applied to the Local Board of Health for variances from Chapter 136 to install: 2 TOWN BORD MEETING 10-01-2007 MTG. #42 1.a pump line 3’ from the south property line instead of the required 10’ setback; 2.the absorption bed 70’ from the northern neighbor’s well instead of the required 100’ setback; 3.the absorption bed 2’ from the house instead of the required 20’ setback; 4.the absorption bed 1’ from the eastern property line instead of the required 10’ setback; and 5.the absorption bed 3’ from the south property line instead of the required 10’ setback; on property located at 150 Sunnyside North 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, October 15, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Paul Teasdale and Chantal Baril’s sewage disposal variance application concerning property located at 150 Sunnyside North in the Town of Queensbury (Tax Map No.: 290.5-1-35) and at that time all interested persons will be heard, and 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. st Duly adopted this 1 day of October, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Sanford did receive a statement that one of the neighbors won’t sign the waiver. Supervisor Stec-That will be an issue two weeks from now, that is part of the record. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 23, 2007 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 3 TOWN BORD MEETING 10-01-2007 MTG. #42 RESOLVED, that the Queensbury Board of Health hereby adjourns it session. st Duly adopted this 1 day of October, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None TOWN BOARD MEETING 2.0 CORRESPONDENCE NONE 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR 4.0 PRIVILEGE OF THE FLOOR Dr. Marilyn VanDyke-Town Historian –Part of my job is to look at preservation issues in the town looking at sites we can save and interpret for history and that can also become significant in the promotion of the town with tourism. I have several preservation issues, that I am looking at and trying to deal with without much background to go with in terms of any kind of community organization for preservation efforts. In the current master plan that is pending, we have a suggestion for a certified local government program which I think is extremely important that we start looking at how we could reenact that putting that into place and the importance that would have in future preservation issues as they arise in the town. The Town of Malta gave a presentation last year about certified local government that was very well done and I can tell you that they are way ahead of us. They have a preservation commission, when a new proposal comes in to the Planning Board the Preservation Commission looks at this in terms of at issues of preservation and they have a really good handle on how they are doing that, I would like to see us move in that direction. Currently the issues at hand is there is an old barn at the EMS station on Ridge Road and the barn is very old and they would like to take it down in order to add to their facility. The barn itself is not in great shape but it could be moved and kept somewhere, if they could find somebody to relocate it and the Emergency Squad is looking at that. The District 5 School House at the corner of Bay and 149 is also an issue because as they do new work on Route 149 I understand that they may take out Mrs. Meins barn that is there on the corner, making a much smaller location for the school house itself. Supervisor Stec-Noted he was at a meeting where they did discuss that phase II of 149, they did talk about a set back issue with the taking there, the State is aware of the issue. Dr. VanDyke-We need to look at that, what is the issue, how can we keep that District 5 School House intact over time. The other issue is the Mountainside Library which has lost its charter as I understand it, and how are we going to save that building and keep it in some good condition and have some type of interpretative use for it. Later on this evening John Strough will speak briefly on the Blind Rock site and what that means in terms of another preservation issue. I am just calling attention to these matters because I think we need to become much more aware of what it is we have in the Town that can be saved and kept, interpretive and become a part of the heritage of the community rather than just having it just disappear. Councilman Boor-Questioned how old the barn was? 4 TOWN BORD MEETING 10-01-2007 MTG. #42 Dr. VanDyke-About 1920 or so. We have photographed it and noted where its location is and so on if we can find someone to remove it and put is somewhere else that would be fine otherwise it may come down. It was part of an old farm stead over there on the Ridge. Mr. Chris Navitsky-Lake George Waterkeeper - This evening I am proud to announce that the water keeper will be sponsoring two full paid registrations to an upcoming stormwater trade show and conference, which will be held at the Roaring Brook Resort in th Lake George on October 18. Reaching out trying to educating people that are making decision involving water quality and also Town Employees such as Highway Dept. people we feel are critical to provide that information. I have worked with Dan on this and let him know and also with Stu Baker but I wanted to make the Board aware and that we are looking forward to working with the Town. Supervisor Stec-For the Board’s update it was the Lake Champlain, Lake George Planning Board that sponsored two other ones because we are an MS4. We are looking forward for two more available to take your sponsorships and I am sure we will have two more names between staff and Planning Board Members we will take advantage of your offer. Mr. Navitski-Also you can get credits for the Code Enforcement Program. Mr. John Salvador-Resident Taxpayer, Voter in both the proposed North Queensbury Fire District and the Village of East Lake George as well as a long established Crandall Library District. Noted two public hearings remain open relative to approvals for offering an 85,340 square foot office building in a zoning district where such a landuse is not allowed. If it is characterized as a professional office it is allowed with site plan review. Noted it was not confirmed that Traveler Insurance Company was the tenant of choice. I am not sure the Zoning Administer has made the determination that Travlers Insurance qualifies as a professional office. Will contact the Zoning Administrator and also question if a use variance will be required. Reviewed for the Board his personal experience with Travelers Insurance Company, it was subsequently purchased by Citi Group Inc. and operated as Travelers, noted that in May he received a letter notifying that Travelers Insurance was purchased by Met Life Insurance Co. and the name will be changed to Met Life Insurance Co. of Connecticut effective May 1, 2006. Read to the Board the definition of fraud to the Board, the citizens of this town are being cheated when the Travelers Insurances Co. is portrayed as a professional office operation. Mr. Pliney Tucker-41 Division Road If the Gurney Lane property is developed by Schermerhorn I read that he was going to hook the sewer to Route 9? Supervisor Stec-I had talked about that before I do not know if that is part of this plan or not. Councilman Strough-A directional drill under the Northway, a sewer that would serve this should it happen and would serve the West Mount Annex. I do not think anything is firm yet. Mr. Tucker-Tim any progress? Councilman Brewer-Regarding the road, I spoke to the Highway Supt. and he does not see any benefit to closing that road at that point other than making a driveway for the resident. Mr. Tucker-It is not going to be a driveway he is going put in a private driveway. Councilman Brewer- Mr. Richardson sent a letter to Dan that showed it as a driveway and the Highway Supt. said he did not have any reason to shut the road. I will ask him again. Mr. Tucker-Mr. Travis told me that the Town Attorney had told him not to close the road. 5 TOWN BORD MEETING 10-01-2007 MTG. #42 I would like to have a public hearing in front of the Board with all the principals that are involved about this road. Councilman Brewer-If we close a road for one person to have a private driveway then should we do it on other roads for other people? Where does it end. Mr. Tucker-He is putting in a driveway off from Big Bay Road the map shows that. I would like to get the Highway Supt. here in front of the public and see what he says. Councilman Brewer-I can invite him, I will convey that to him tomorrow. There is not a compelling reason for him to close that road. Mr. Tucker-The road dead ends right in the guys property you cannot go anywhere but where it dead ends, why can’t it dead end where it enters his property? Councilman Brewer-Noted he will ask the Highway Supt. about the road again. Mrs. Betty Monahan-Sunnyside- When I asked you what the effect would be for North Queensbury forming it own fire district you said it would be about a ten cent increase for the rest of the town. Supervisor Stec-Based on other assumptions that is my recollection. Mrs. Monahan-I did some homework, and our rate was .735 in 2007 which was a 13.7 change from the previous year, so this ten cents the residents would be paying is roughly between 13 and 14% so it is going to have a very significant effect on the rest of the town. Supervisor Stec-I prefaced what I said by saying that is based on some assumptions, everyone else’s spending stays at its present level, I think there is room for improvement in the towns fire budgets. Mrs. Monahan-I would think so in looking at increases like this every single year, I am talking about the 13.7. It would be my guess that there are only two fire companies in this town that have enough assessed valuation to support themselves and a little bit more, one is North Queensbury and the other is Central Queensbury. So, that means the rest of us and I live in one of those districts benefited from the fact that they cover an area with a higher assessment so I do not know what the answer is. Supervisor Stec-We have not talked about this in months and there is a lot more to the story than what you just talked about. Mrs. Monahan-I see a great concern because this is one of the predications apparently that the current election is being run on. I think everyone in the rest of the town needs to know what the results are going to be. Mr. Doug Miller-Adirondack Sports Complex-326 Sherman Avenue We were requested to work with the Planning Board to come up with a generic template for transient merchant applications at the Adirondack Sports Complex. We met with the Planning th Board on Sept. 19 and at that time we had good dialog, at the end of that evening they felt unanimously that they needed a little more direction from the Town Board. They were hoping to have a joint meeting with the Town Board and the Planning Board to make sure they are going in the direction that the Town Board would like to have them nd go. The next workshop for the Town Board is the 22 of this month and we are on the rd Planning Board agenda for the 23. Supervisor Stec-Noted he did not think it was necessary it was not a complicated request. Board Members questioned what the Planning Board did not understand? Supervisor Stec-I think they are making more of this request; the facts are we do not have to get a recommendation from them at all. We are looking for a generic whether it is dog 6 TOWN BORD MEETING 10-01-2007 MTG. #42 show or a boat show what happens inside the skin of the dome, the issue is when you have an event, you got traffic issues, you got parking issues and if they come up with a template that says if it is within these parameters then we think it is ok for the Town Board to do our transient merchant thing. I will spend some time on it tomorrow to try and lay it out as fairly and cleanly and clearly as I can and I will talk to Stu and make a phone call to the Planning Board Vice Chairman … Mr. Miller-The other issue that I want to address to the Board our last show was Ms. Watson with the fine arts and craft show she is considering doing one in December, should we have her start the long process now? Councilman Boor-I will go on the record and say no. Councilman Brewer-As long as all the issues are the same, parking, vendors, etc. Supervisor Stec-If you do not have the generic template resolved with the Planning Board and it comes to the point where you got to get it thorough the Town Board like you did last time give us summary laying it all out. Councilman Boor-Do you have any others coming up? Mr. Miller-Not until March, the Boat Show. Mr. Paul Schonewolf- 239 Assembly Point Road-Questioned if the issue that was talked about last week still under litigation? Supervisor Stec-It is. Mr. Schonewolf-I have served on Town Boards when something is under litigation the proper response is what Mr. Brewer said, it is under litigation, you do not make an infomercial out of it so it can be seen on Channel 8. I do not see why the Town Attorney didn’t stop it. Supervisor Stec-In fairness to this town attorney, as a point of clarification Mark Noordsy who was the towns general counsel is not representing the town on this case we have special counsel. Because I did hear similar kind of questions to what you are asking I did call our special counsel this afternoon and Councilman Boor-As I did prior to giving that presentation. Supervisor Stec-Good advice is not to discuss litigation of any nature publically for any board. Councilman Boor-And we did not discuss litigation, Paul. Mr. Schonewolf-You discussed the subject that is being litigated. The decision has not been given in the case and it could be appealed, so why not, Town Board Members should be quiet until that happens. Councilman Strough-The Macchio’s weren’t very quiet about it and you did not speak up to that, did you? Mr. Schonewolf-They are not elected representatives on the Town Board, you five are you are elected to do town business and you shouldn’t be talking about things that are under litigation. Councilman Boor-I beg to differ with you because I spoke to my attorney and I got very clear direction about what I could and what I couldn’t talk about. Mr. Schonewolf-It isn’t what your attorney says it is what the Town Attorney says. 7 TOWN BORD MEETING 10-01-2007 MTG. #42 Councilman Boor-No it isn’t what the Town Attorney says, it is about the Attorney that is about the Attorney that is representing the Town. Mr. Schonewolf-I am not going to argue about it, I only have five minutes I do not get twenty five like other people Councilman Boor-Well, I will let you go longer Paul. Mr. Schonewolf-Thank you. There is other litigation I am sure you are all aware that the EEOC has filed an age discrimination suit against the Town on behalf of the Firemen, and the service program. Councilman Boor-I guess we shouldn’t talk about it, Paul. Mr. Schonewolf-No, we are not going to talk about it Councilman Boor-Ok, then I would suggest maybe you not talk about Mr. Schonewolf-And you will not hear the firemen talking about it either, because it is a legal action and that is the way it should be. That is why it goes to Court. Another subject, two weeks ago and it happens every week Betty comes up here and throws out some issues, and they have always seemed to be and the last two seemed to be about fire districts and I am sure that is for your benefit Roger. A couple of weeks ago she asked your opinion on fire districts and you said you were not in favor of them which is fine, that is your opinion. Councilman Boor-I did not say that. Mr. Schonewolf-Yes, you did. Councilman Boor-I did not say that, I said I wasn’t in favor of doing one fire district at a time if we were going to do fire districts we should look at the entire town. Mr. Schonewolf-I was here I heard what you said. Councilman Boor-Well, good because what I am going to do Paul, is at the next televised meeting I am going to bring those minutes and I am going to read those minutes and those that are watching this now will have a very clear understanding of what you just said and what I said on record. Mr. Schonewolf-You also said, she asked you why, and you said if we had a fire district we wouldn’t have mutual aid. Councilman Boor-No, that is not what I said. What I said was if you went to a fire district alone you would no longer be sharing mutual aid equipment that was be availed to you should there be a large fire in North Queensbury. You wouldn’t be paying for any of the ladder trucks, you wouldn’t be paying for any of the pumper trucks that Bay Ridge buys, you would not be paying for any of the equipment that South Queensbury buys, you would not be paying for any of the equipment that West Glens Falls buys you would only be paying for equipment in North Queensbury and yet if a large fire occurs in North Queensbury all of the equipment that I just mentioned you would have availed to your service and it would be protecting your fire district. That is what I said, Paul. Mr. Schonewolf-You do not know how the system works, let me explain it to you. There are fire districts, there are fire protection districts like we have and there are independent fire companies. The only one of the three that is required to have a mutual aid agreement is a fire district. So, if North Queensbury or Central or whoever is a fire district their commissioners have to have a written mutual aid agreement and that is reviewed by the State auditors, and they see that it has been implemented. It has nothing to do with who is a fire district and who isn’t. The fire districts have a mutual aid agreement. 8 TOWN BORD MEETING 10-01-2007 MTG. #42 Councilman Boor-You did not answer my question. My question is very simple a yes or a no. If you go to a fire district and the rest of the town doesn’t are you going to be paying for any equipment outside of your fire district? Yes or no? Mr. Schonewolf-If you are in a fire district Councilman Boor-It is a very simple question Mr. Schonewolf-No, it isn’t simple because you are always misstating. If you are in a fire district the tax payers in that fire district pay for the expenses of that fire district. Councilman Boor-Of that fire district. Mr. Schonewolf-Whether they Councilman Boor-only and yet they get the use of the aerial if they need the aerial. Mr. Schonewolf-Don’t you have any manners? Councilman Boor-Yes, I think I do, Paul., Mr. Schonewolf-It is my time so be quiet. Councilman Boor-I think you are already over the five minutes I told you, you could have plenty of time. Mr. Schonewolf-Yea, but you used up four minutes of it. The people in that fire district pay for the expenses of that fire district whether it is incurred in mutual aid or where ever and that’s the way the system works that is the way the State sets it up. Councilman Boor-I disagree with you. Mr. Schonewolf-There is a lot more control, but forget it, fire districts are on, they are on the back burner until next year anyhow. I am just telling you that what you said two weeks ago wasn’t true and we can explain to Betty the ten cents and ten cents is right and the man that can explain it is sitting in the back Councilman Boor-That includes the new aerial apparatus? Mr. Schonewolf-Yea. Councilman Boor-No, it doesn’t. Mr. Schonewolf-One other question I would like to ask, you signed a resolution last week, congratulating the fire departments, thanking the fire departments for going to the dump you said for three days they were there four but that is immaterial. That is mutual aid Roger just in case you didn’t know it. Councilman Boor-Tell me something I don’t know, Paul that is the point I am trying to make. Mr. Schonewolf-Roger, don’t interrupt it is very rude. There are fire districts, fire protection districts, independent fire companies and they are all there. Ok. Councilman Boor-Mutual Aid. Mr. Schonewolf-I have heard that in that wonderful insurance policy that you two guys put together with your friend from Long Island that there is no coverage for the dump and the landfill is that true? Councilman Boor-Let me tell you something Paul, this 9 TOWN BORD MEETING 10-01-2007 MTG. #42 Mr. Schonewolf-Is that true? Councilman Boor-No, what I am trying to tell you Paul is you, and somebody you are supporting put a letter out that is fictitious and false. We have since the State has mandated Mr. Schonewolf-I am asking you a question. Councilman Boor-the State has mandated since the covering of that landfill that we hold nearly two million dollars in a contingency fund, we have well over a million dollars now if you think it is good economic policy to pay for an insurance policy when you have over a million dollars sitting in an account that is pretty poor. Mr. Schonewolf-You are talking about the landfill that is capped I am talking about the recycling center and down where we were. Councilman Boor-I am sorry it is the same thing. Mr. Schonewolf-No it isn’t. Councilman Boor-Well, here again who knows what they are talking about and who doesn’t Paul, you have no idea what you are talking about. Mr. Schonewolf-Answer my question didn’t you take it out of the insurance policy, it is no longer in the insurance policy. Councilman Sanford-It was never in any insurance policy. Councilman Boor-It was never in. Mr. Schonewolf-Yes it was I looked in the previous policies it was covered. Councilman Boor-Well then we were getting ripped off, because why would you pay for something you have money to cover? Mr. Schonewolf-We have a contingency reserve and that is different I was in a Town that covered a landfill I know how that works, that is different. Councilman Boor-No, it is not different, Paul. Supervisor Stec-All right let me, thank you Mr. Schonewolf. Mr. John Harwick-Attorney with Hacker and Murphy and I am here on behalf of my clients Stranahan Industries Inc.and the Stranahan family with the exception of David Stranahan.I am here to talk about the French Mountain Road that was the subject of the earlier gentlemen’s comments. I just wanted to clarify some issues for the record because there has been a lot of things in the press and a lot of things said at Board Meetings when I have not been able to come. I was not able to attend last week and I was not invited to the meeting where there was an executive session to discuss settlement of a lawsuit. My client Stranahan Industries Inc. is also a party to a lawsuit that was brought by the Town with regard to the road that was constructed on the property. What I want to make clear to the Board is that, that road is ..it was built by someone. Whoever controlled the building of that road violated the Town of Queensbury Town Code. Town of Queensbury Town Code makes it very clear that if you clear cut more than five acres in this zone you have to come and get a site plan it has to be reviewed. If you propose to build a road on a grade that is over ten percent you have to come to the Board you have to get a site plan review and there is all kinds of processes to go through. It is undisputed that was never done. What the lawsuit is seeking to discover quite correctly I think is who is responsible for building this road in violation of the Town of Queensbury Town Code? There is no dispute that it violates the Town Code. There are thirty one acres up on the Mountain that were clear cut. There was no logging road there before. Ralph Macchio in his recent letter that was mailed to the residents of the Town of Queensbury 10 TOWN BORD MEETING 10-01-2007 MTG. #42 two days before the primary says that we believe the Town sued the wrong party. We did not own that portion of the road or the property it was built on at the time of the construction. That statement is false. They did own a portion of the property where the road was constructed. If I could show an exhibit, I have got something over here. While I wasn’t here last week I understand that Councilman Boor showed the Board photographs of the extensive road that was built and I assume you are all familiar with the extent of the road that was built. Thirty one clear cut acres, gravel permanent access with rights for utilities and power lines to go up the mountain. I apologize for not having a better copy of this map but I believe it was obtained from the town. (showed map)This is what the property looked like before the road was built, there is no road there, there is no logging road there, this isn’t an expansion of an existing logging road. Here is the mill yard where by clients operate. The road that we are talking about goes all the way through up here. This is Bear Pond, it goes all the way to Bear Pond. Now for the purposes of full disclosure my clients are currently in litigation with Macchio over the ownership of a parcel that is involved in the Town lawsuit. That is known as the Bay Road parcel 1347. Here is Macchio’s site plan application, if I could approach… Supervisor Stec-Sure, this isn’t a court you can approach just not too close. Councilman Sanford-You want to put that on the easel. Supervisor Stec-Maybe you want to put it on the easel, John. Councilman Sanford-Face to toward the cameraman so he can.. Councilman Brewer-This is not for the camera guys, it is not a commercial for litigation. Councilman Boor-You have seen this Dan, I would like to think you have seen this, we have got a lawsuit going you have seen what they did. Attorney Harwick-I want everybody in the public to see what is going on too. Councilman Brewer-Then why don’t you buy some time on television? This is a Town Board Meeting. Supervisor Stec-It is not a public hearing. Councilman Brewer-It is not a public hearing. Supervisor Stec-It is not a public hearing it is a public meeting. Councilman Sanford-Please proceed. Councilman Boor-Proceed Supervisor Stec-We would ask you to proceed briefly. Attorney Harwick-This is Macchio’s site plan, once you figure out that the Town was onto him and he built this road without getting any type of site plan approval or any permitting from the Town as required by Town Code. This is his site plan application it shows the road, here is Bay Road here is the Wild West, the road goes all the way across the mountain. Here is the parcel right here, tax id 278-1-61 that we are in dispute. So, when Macchio says he did not own that property when the road was being built you know he might technically have an argument. He did however own a deeded right of way exactly where the road was. Parcel 75, 76, 13 and 77 he owned. That is not even in dispute, he cannot dispute that, here is the road over those parcels. Jarrett Martin was nice enough to calculate the disturbance area over all the parcels total, thirty point seven acres in violation of Town Code. To chop this out the disputed parcel we will call it, eleven acres, over five, on one so there is not doubt about it that when he says I didn’t own this property where the road was built it is just not true and it can’t be disputed. What we are concerned about is historically there have been events within the town and in Lake George where developers will go in and build what is called a logging road and 11 TOWN BORD MEETING 10-01-2007 MTG. #42 really what that does is pave way for development. So, this is undisputed, to figure out who built the road you really have to go back and see what was going on at the time that this road was being constructed in 2004. Stranahan Industries Inc. 2004 David Stranahan who is a member of the Stranahan family had basically run the business into the ground, they were bankrupt they could not afford to pay the mortgage on the property. The property tax id 61 was in foreclosure the road I understand the Town Board has seen the bills for the road and have seen letter and correspondence from the individual that built the road, Mr. Barber’s Company, Evergreen Timber. He says that Macchio told me to build this road. He sent Macchio a bill for two hundred and twenty five thousand dollars. He did not send Stranahan Industries any bill because he knew that Stranahan Industries was bankrupt. If a company is bankrupt and cannot pay its mortgage on a property why would it go out and build a quarter million dollar road up a mountain? So, the lawsuit really is to resolve who is responsible for building this road. If the Town has these rules on its books for a reason then it has got to enforce them. I think the town might be open to liability if it just ignores it because I think it would be arbitrary and or capricious to have these rules on the books and to look the other way. Supervisor Stec-We certainly haven’t ignored it. Attorney Harwick-No, you haven’t ignored it, but it is my understanding that not all Board Members are in support of this action to determine who violated the road, the rules regarding the road. Councilman Brewer-I think that is not a true statement. Supervisor Stec-I would not say that either. Councilman Brewer-We voted unanimously to hire the attorney, didn’t we, Roger? Councilman Boor-No we didn’t, Tim you voted against it. Councilman Sanford-You voted against it, Tim. Councilman Boor-You want the resolution number? Councilman Sanford-You said last week you voted for it. Councilman Boor-We have the resolution that shows you voted against it. Councilman Brewer-I supported it I did not say voted for it. Supervisor Stec-Sir, I think some of us are concerned about allowing a circus atmosphere at our Town Board Meetings on this subject, it is a very political subject it is a very political time of year, I do not think we should be litigating or arguing the case, with that in mind. Attorney Harwick-I do not want to do that here either, but what I think is important that the public understand is that you know the real issue here is Macchio telling us the truth when he writes to everybody in the Town says I had nothing to do with this, when by his own engineers statement he has got eleven acres of clear cut within the Town without any permits. That is the real issue here. I think the lawsuit is justified we tried to sit down with Macchio, I sat down with his Attorney we sat down with the Town’s Attorney Dreyer Boyajian we had a meeting this was either right before the lawsuit started or right after and we tried to settle it and the towns position was yea, you are in violation you built the road without asking us and now you want a retroactive permit for thirty seven acres of clean cut. I think the towns position rightfully so, was you have to remediate this road, you got to go back Supervisor Stec-That is exactly the subject of litigation. Councilman Boor-But the interesting point here and it needs to be made since it is being politicized Dan is that I am the only one that attended these meetings and it was a little 12 TOWN BORD MEETING 10-01-2007 MTG. #42 frustrating to me to have other Board Members pretend that they have any idea what this lawsuit is about when I am the only one attending these meetings. I am the only one, there isn’t a Board Member here that can probably say what the five things the Town asked for in this remediation. Councilman Brewer-I agree with you a hundred percent Roger, no one said that you weren’t the only one. Councilman Boor-I take exception when you say that you voted in support of this and the resolution clearly shows that you voted against it and Dan Abstained. Supervisor Stec-I didn’t abstain I was not present. Councilman Boor-It shows that you were present. Supervisor Stec-No, I was not. Councilman Brewer-Roger when somebody says they sup.. Councilman Boor-Tim if I could finish this it is important that I get this out and then you can rebut it. You voted against it, Dan wasn’t there but the record shows that he was there when you read the minutes. Supervisor Stec-I wasn’t there. Councilman Boor-But the minutes show that you were Dan. Councilman Brewer-When the Town Board does something Roger, whether it is three to two, four to one if it is passed then I would suspect that the rest of the Board support it. I have not made a big stink about having the Attorney and you are the only one there, and not sharing information with us, I just said go do what you are doing Roger. When there is discussion with the Attorneys I am present. Councilman Sanford-When the voters in your Ward received that hate letter, that negative campaign letter what did they have to say? Or didn’t the Macchio mail that letter to the people in your Ward? Councilman Brewer-I did not have anything to do with that Richard. Attorney Harwick-Let me just end by, can I wrap it up? Supervisor Stec-This is not the forum to do this. Attorney Harwick-I know it isn’t but I want everybody to know Supervisor Stec-This is two weeks in a row that we have done this circus act. Councilman Boor-Dan it is not a circus act it is serious issue. Supervisor Stec-It is serious and it is under litigation and I talked to our Attorney today who told us don’t discuss this litigation… Councilman Boor-Dan we are not discussing the litigation Supervisor Stec-We just got a lawyers pitch on this subject, if that’s not Councilman Boor-I do not believe it is a lawyers pitch I believe Attorney Harwick-I am not trying to pitch anybody I am just trying to make sure everybody on this Board understands what the lawsuit is about and what the issue on the road is about and the issue is the road was built illegally and it is the Board responsibility to hold whoever built the road responsible and to make them clean up their mess and that 13 TOWN BORD MEETING 10-01-2007 MTG. #42 person is Macchio. It was not Stranahan Industry and John Barber did not do this as a favor to Ralph Macchio because he is billing him for the road and he is suing them over the bill Councilman Brewer-I don’t think we ever said that he was. Supervisor Stec-Is there anyone else that would like to address the Town Board this evening preferable on non litigation matters? Mr. Jim Underwood-99 Mannis Road – I am also a member of the Zoning Board I am on one of the Boards in this community just as all five of you are also. I did not think anybody was going to take the time this evening to but I thought it would be useful for us to recognize some of the contributions of other people in the community besides ourselves, because sometimes we take it upon ourselves and we appear on the record only representing our own view points at times. I think part of it stems from the fact that all of us need to keep in mind the importance of listening to everybody’s opinion and listening to all the facts regarding what is going on in the community. I think a lot of the mis- information in the community points people in the wrong direction and I think we should be looking toward alleviating that and remembering what we are here for. Some of us work diligently all the time in that respect and others I think get caught up in the political arena and get sucked into that. I think one of the persons who for many years been a part of this community passed away this past week Bernie Rayhill and Mr. Rayhill as an Ethistics I think he would appreciate a moment at least from all of you. His contributions may not have been major but I think he was a part of many different committees in the Town the Green Space Committee I think he attended many of your Board Meetings and always put in his two cents as to his opinions and things like that. You may not always have agreed with him but I think none the less he was a useful part of the community because he is an active citizens in the community. I think it is important that we have more people like that come out of the woodwork and come to these meetings and listen because listening is very important. So, what has gone on in the past I think has been as a result of deficient observation and deficient observation in my book really comes down as a part of ignorance. All right, we can all look away at things that we disagree with and not give it our due diligence in support but even if we do not support an idea in the community I think it is imperative upon all the Board Members to make sure they look at all the ins and outs of every thing that we do here. If it is going to be saving money if it is going to be alleviating a problem that is in the community and making it go away that is a good thing we can work toward. I think it does no good at all for us to base things upon hear say and I think it really should be imperative upon all of us to consider the facts in regards to all things that are going on in the community. There is a good quote that I saw the other day and I will just say it just to end this here, that is that “Truth can flow from lies, but lies never flow from truth” I think that is important for all of us to think about that irregardless of what the situation is and remember it is not just about you it is not just about me it is about we, it is our community. Councilman Boor-I agree with you on Bernie. Mr. John Stranahan-Just a couple of things I don’t think I even need five minutes tonight. I agree with the man that was just up here. It is your guys job as public representatives to hear the public. We are the public, we live here, we eat here, we work here, we pay our bills here. This is our community. I tell you I am about tired of hearing you guys up here calling us a circus, Tim, this is not a circus this is my life. Councilman Brewer-Not my words. Mr. Stranahan-This is my family, my kids, my parents, my grandparents, my employees this is not a circus this is not a joke, I do not take it lightly at all. What you said to me is disrespectful as far as I am concerned. Supervisor Stec-He did not say circus, I used the word circus and I did Mr. Stranahan-He made a comment about buying some TV time. 14 TOWN BORD MEETING 10-01-2007 MTG. #42 Supervisor Stec-Well, I think his issue is that this isn’t in some of our opinion is not the proper format. Mr. Stranahan-This isn’t a major matter to some of us. Supervisor Stec-It is a serious matter. Mr. Stranahan-This is very important to me. Councilman Brewer-I understand that John, I do not deny that, Supervisor Stec-I don’t think anyone said that John. Councilman Brewer-but I to not think it is a proper thing to be talking about litigation that the town is in, let me finish my sentence please. Mr. Stranahan-I am not talking about litigation, I am talking about me as a person, I live here, ok? Councilman Brewer-I understand that. Mr. Stranahan-I just wanted to let you guys know where I am coming from I am not here to sell anything to anybody, I am just telling you the seriousness of this matter to me and my family and my business. Councilman Brewer-And I understand. Supervisor Stec-I assume you we all take it very seriously. Mr. Stranahan-I have got some serious questions about this stuff I mean is the plan, is the future the direction of this board after this letter that went out to everybody is the idea behind all this I guess I am going to ask this to the guys that are probably going to be still on this Board in a month and a half or so from now to Dan and to Tim that we know of, that people think of their confidence and direction they are going is to plan to get rid of Mr. Sanford and Mr. Boor so we can drop this case? Is that the plan? Supervisor Stec-Absolutely not. Mr. Stranahan-I am going to ask that right now because we will see what happens in six or eight weeks and we will find out what the direction really is and I will know where you guys really stand. Councilman Brewer-I prefer to settle the case. Supervisor Stec-I was going to say that we have been engaged in this case for about a year. Councilman Boor-Again, Tim if you want to settle it you got to attend the meetings with the Attorneys when we talk about the settlement, you cannot be sitting at home. Councilman Brewer-Invite Mr. Roger that is all you have got to do. Councilman Boor-You were invited as was every Board Member. Mr. Stranahan-Let me just say something to the public, because the public are here, every single one of you guys sitting here knows if I had built that road over that mountain I would be in jail right now, I would be done, finished. Councilman Boor-Yes, you would. Mr. Stranahan-I would not be able to pay the damn fine. Why is no enforcement action been taken about what has been done? I do not care about the litigation or the lawsuit 15 TOWN BORD MEETING 10-01-2007 MTG. #42 over the real property between us and Macchio because that is a very small portion of the road. What about the rest of the road that was blasted up over that mountain and clear cut in clear violation of all these Town Codes? Supervisor Stec-What the Town’s purview is the Town is pursuing, the litigation is the Town’s only avenue. Mr. Stranahan-All of you guys here know if I built that road it would not take the Town two years to decide what their action was going to be. Councilman Boor-I agree with you. Mr. Stranahan-Somebody is getting some special treatment around here. Supervisor Stec-I do not think that is true. Councilman Boor-Well, I do. Councilman Sanford-Well you need to hire Behan Communications Mr. Stranahan-That is what we need to do. Councilman Sanford-Ok, and you need to make some political contributions and Mr. Stranahan-Is that what we need to do? Councilman Sanford-That is what you need to do. And you need to work it into a campaign like you said to remove a couple of Board Members from office and you would be treated ok. Supervisor Stec-You see this is the part of the circus that I was talking about, this right now. Mr. Stranahan-Dan, if we could set all this aside between you guys up here, personally to me I do not really care who sits on that Board it does not matter to me, what I care is the men that do sit on that Board have integrity and care about the people that they are up here to speak for. That is your job. Supervisor Stec-Amen. Mr. Stranahan-Where does this Town Board stand? To me you are not united. Councilman Brewer-Just because we do not agree on everything doesn’t mean we are not united. Mr. Stranahan-I did not ask you to agree on everything, my brother and I do not agree on everything my Dad and I don’t agree on everything. Supervisor Stec-It is being pursued it is in litigation we are paying the bills, it is in litigation there is nothing more we can do. Mr. Stranahan-This is a very small portion you are not fooling me I am part of this case, ok, a very small piece of this road is in litigation, what about the rest of it that he butchered bald? That is not in litigation that nobody has done a damn thing to enforce the Code about. Councilman Boor-I would ask that you get answers I think it is very Mr. Stranahan-I am asking a question I want an answer. Councilman Boor-You deserve an answer, I think the Supervisor should handle that. 16 TOWN BORD MEETING 10-01-2007 MTG. #42 Mr. Stranahan-There are several, I would hate to get the map out and do the math for you here but tens of acres that have been butchered bald that are not party to this litigation into this suit that no one had enforced the Code on, no one. If I had done that I would be out of business by now, I would not be able to pay the damn fine and we all know it. Supervisor Stec-Thank you Mr. Stranahan. Councilman Strough-I just want to point out you are right I think you know what is going on. Mr. Stranahan-I do know what is going on. Councilman Strough-The two publications that were aimed at Mr. Boor just days prior to the Primary full of miss-information they were malicious, they were defamatory, they were inflammatory, they were meant to change the voters minds to vote for Mr. Boor’s opponent. Mr. Stranahan-That is why I asked the question, asked the Board the direction that the Board is going in to get rid of these guys so they can drop the lawsuit? Councilman Boor-I think you are very perceptive. Councilman Strough-I hope the voters think you have a little more savvy on what is going on. Supervisor Stec-John, that is not appropriate. Councilman Boor-Yes it is appropriate. Supervisor Stec-To campaign? Councilman Boor-No, it is appropriate. Supervisor Stec-That is exactly what John just made a campaign speech. Councilman Sanford-It is not appropriate to send that letter out Dan. Supervisor Stec-Don’t yell at me Richard, I didn’t send the letter, you do not have to yell, you don’t have to raise your voice. Councilman Sanford-You knew about the letter didn’t you? Supervisor Stec-No, I didn’t. Councilman Boor-Yes, you did Dan. Supervisor Stec-No. Councilman Strough-Dan, speaking up for one of our Councilmen who have had the bravery to stand up and take a position here and he has been fired upon I am surprised you are not with me. Supervisor Stec-This is the circus part that I was talking about. Certainly the issues is very serious. Mr. Stranahan-But I do not care about the circus part, Dan, what I care about is our real property and our taxpayers and protecting the people and doing your job, are you guys doing your damn job? What are you doing about this? Supervisor Stec-Sir, I can tell you I am doing my job. 17 TOWN BORD MEETING 10-01-2007 MTG. #42 Councilman Boor-John I am doing best and I am getting resistance from members of my own Board Mr. Stranahan-I know you are, I have seen you working and working and working. Councilman Boor-and I cannot do much more. Mr. Stranahan-But there is a huge portion of that road that is not party to this lawsuit at all has nothing to do with it. Where is the enforcement of the Code? Supervisor Stec-Thank you John, have a good evening. Mr. Dave Strainer-Ridge Road – I came up to talk about the Travelers plan I went to the Planning Board Meeting and saw that laid out. There are a couple of big issues, do you know what the size of the building is going to be? Supervisor Stec-85,000 sq. feet. On fifteen acres. Mr. Strainer-That is not counting parking. The problem I have with that location it is noted for a horrible traffic problem, at this time we have not fixed that problem. Noted he did not wish to see us lose five hundred and fifty jobs because we cannot find a location. There are other locations and I hope we are not putting all our eggs in one basket. This should be a number one priority that we do not lose these jobs. Supervisor Stec-I have spoken to the owner of the current location of Travelers today although it is not official there is certainly speculation is ramped that, that is what is being talked about at Exit 20. We do not want to see these jobs leave in a community of our size,k five hundred jobs is a lot of jobs and we cannot allow that to leave the area. Mr. Seth Stark – 1640 Ridge Road- I am employed by American Tree just an employee, I wanted to let you know this effects people other than the big business, people with money. As far as the environment it is sad when it rains to see what comes off that mountain, it has had effects. It has effects on the employment; working hard things cannot be fixed because the lawyers have to be paid to protect our way of life. If the town is not what I want it to be in twenty years I do not want to have not said anything or done anything so I just wanted to let you know it effects others than the big business. Mr. Peter Brothers-It is my hope that this evening perhaps the Board will take a position on the issue of the County Sales Tax, there was a proposal to increase that sales tax from seven to eight percent. I to not personally agree with that, I feel that the County has gone in the direction of run away spending. I would like this Board to express their views in the form of a resolution and say specifically that you do not support the increase in the sales tax. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH- ? Made a power point presentation on the history of Blind Rock in the Town of Queensbury. I believe that part of the job of this Town Board and any government agency along with private assistance is to try and protect and preserve our communities’ heritage. We cannot bulldozers just plow every thing over. This is just one example but there are many, many, we are very fortunate to have many examples of Queensbury’s heritage that needs to be preserved. I will focus on one today but I have to kind of put it in the environment that we live in. Blind Rock has been identified in our Town Comprehensive Land Use Plan and it has been identified as a possibly destination location by the New York State Lakes to Locks Byway Program. 18 TOWN BORD MEETING 10-01-2007 MTG. #42 COUNCILMAN SANFORD- ? Requested that the Supervisor do a follow up on the following; WGF EMS Squad we met with them on the revision to their budget, we requested a copy of their general ledger, balance sheet, revenue and expense statement and cash flow statement, have not received the information. ? Adirondack Regional Business Incubator Project, they have requested that the stake holders allow the building to be sold to a developer they would lease it back, there are outstanding items that we need; need to be able to track the cash what was originally seeded for this project from 2005 to present, the existing accounting practice that are being utilized are not in total keeping with the 2005 agreement, there was nine hundred thousand dollars in cash and there was in-kind services totallying about one point two million and at this point in time we do not have a tie out of that cash. We need a draft lease agreement because I am concerned about whether or not the rents that are going to be charged will be too high to be feasible and if they have to charge lower rents how is the short fall going to be financed. In kind service contribution have never been made and some of the stake holders to this arrangement instead of pledging cash pledged labor and then they didn’t do it any yet this is important because now the proportion of stake holders is all out of whack, I think those organizations have to provide some form of consideration to keep the 2005 arrangement in tact. In addition we need to have some form of capital budgeting. Asked that the Supervisor follow up on this. ? Early September we receive a proposal to conduct fire service study for the Town, we met with all the fire companies we met with Emergency Vehicle Response organization who put together a proposal I am not sure if it meets anybodies expectation. We owe it to the Fire Companies to make a decision on whether to go with this or not. Supervisor Stec-As part of the budget workshop, Wednesday I want to talk about that. Wednesday we will meet on Water and Wastewater and Fire and non profits the following Wednesday we will meet with the other department heads. ? I am sorry to hear about Bernies passing, he was a resident in my Ward and a supporter and he always believed probably as much as anybody in decency in government and honesty and I think he is going to be missed for sure. My condolences to his wife and family, we will miss you Bernie. COUNCILMAN BOOR- ? Bernie actually came up to the microphone at our last meeting and spoke, he was a regular here and he is going to be sorely missed and I appreciated everything he said. He was a great guy. ? We have a tendency to say we are going to address something and we are going to look into it and then nothing happens, I want assurances that we take care of this dome issue. The dome is a tremendous investment for a private corporation or individual we want to do everything we can to make him realize his expectations. It is good for the community, it brings a lot of dollars to this community, it brings a lot of people to this community, it is unique. I think we need to do everything we can to make this thing work for him. I want to make sure that this does not drag on. COUNCILMAN STROUGH- th ? On October 12 at the Queensbury Activity Center there is a Queensbury Health Fair, it is co-sponsored by the Queensbury Senior Citizens 8am – 2pm. $ 19 TOWN BORD MEETING 10-01-2007 MTG. #42 SUPERVISOR STEC- ? Bernie Rayhill was a great guy, he was a gentleman and we will miss him ? Town’s web site www.queensbury.net ? Thanked Glens Falls National Bank and TV8 for televising our Town Board Meetings ? The Warren County Soil and Water in conjunction with other organizations and other towns and the City of Glens Falls was able to secure a group rate on a longer lease term on a long reach excavator-noted Queensbury used this for dam bank stabilization work for the Highway Dept. and work at Gurney lane dredging the pond. Thanked Mike Travis and Steve Lovering for their work on these projects 6.0RESOLUTIONS RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 436, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager and/or Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: From To Code Appropriation Code Appropriation General Fund 001-1220-4130 Supervisor Counsel Ret. 001-1420-4133 Art. 7 Legal Fees $ 5,000.00 001-1110-2010 Court Office Equipmt. 001-1110-4400 Misc. Contractual $ 2,500.00 Cemetery 002-8810-1010 Salaries 002-8810-4410 Fuel $ 1,200.00 002-8810-1010 Salaries 002-8810-4800 Equipment Repairs $ 600.00 002-8810-1010 Salaries 002-8810-4400 Misc. Contractual $ 4,300.00 002-8810-2011 Misc. Equipment 002-8810-4400 Misc. Contractual $ 420.00 Highway Fund 004-9080-8080 Vacation Accrual 004-5130-4065 Small Tools and Repairs $ 2,495.00 004-5110-4620 Paving Contractual 004-5110-1020 Streets Overtime $10,000.00 Fire/EMS Fund 005-9025-8025-4980 Svc. Award Contrib. 005-3410-4401-4980 CPA Audit $10,285.00 005-9025-8025-4980 Svc. Award Contrib. 005-3410-4401-4981 CPA Audit $ 3,700.00 Solid Waste 20 TOWN BORD MEETING 10-01-2007 MTG. #42 009-8160-4450 Trash Hauling 009-8160-1020 Overtime $ 1,500.00 009-8160-4450 Trash Hauling Burnable 009-8160-1020 Overtime $ 4,000.00 st Duly adopted this 1 day of October, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 161 “SPECIAL SALES EVENTS” RESOLUTION NO. 437, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 161 “Special Sales Events,” to provide for the regulation of garage sales throughout the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the proposed action is a Type II action as set forth in 6 NYCRR 617.5(c)(19)- which provides that official acts of a ministerial nature, including the issuance of building permits, are predicated solely on the applicant's compliance or noncompliance with the relevant local building codes and as set forth in 6 NYCRR 617.5(c)(27) concerning adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list, on which building permit review and issuance is listed as are local laws adopted concerning procedures for issuance and overseeing of such building permits, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT 21 TOWN BORD MEETING 10-01-2007 MTG. #42 RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th October 15, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. ___ of 2007 in the manner provided by law. st Duly adopted this 1 day of October, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 “FIRE PREVENTION AND BUILDING CONSTRUCTION” RESOLUTION NO. 438, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 88 “Fire Prevention and Building Construction,” in accordance with the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York, and WHEREAS, such Local Law provides authorization for the Town’s Director of Building and Code Enforcement to perform certain maintenance on private property where deemed necessary for the preservation of the health, safety and general welfare of the citizens and subsequently assess the associated costs on the real property’s tax levy, and 22 TOWN BORD MEETING 10-01-2007 MTG. #42 WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the proposed action is a Type II action as set forth in 6 NYCRR 617.5(c)(19)- which provides that official acts of a ministerial nature, including the issuance of building permits, are predicated solely on the applicant's compliance or noncompliance with the relevant local building codes and as set forth in 6 NYCRR 617.5(c)(27) concerning adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list, on which building permit review and issuance is listed as are local laws adopted concerning procedures for issuance and overseeing of such building permits, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th October 15, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. ___ of 2007 in the manner provided by law. st Duly adopted this 1 day of October, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY MICHAEL HOLMBERG RESOLUTION NO. 439, 2007 INTRODUCED BY: Mr. Tim Brewer 23 TOWN BORD MEETING 10-01-2007 MTG. #42 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a single family dwelling on property owned by Michael Holmberg located at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1- 38) following a fire that gutted the attic area of the dwelling, and Mr. Hatin found that there is a large amount of garbage in the basement and stairwell to the basement, the roof structure is severely damaged leaving the structure wide open to the elements, and the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Holmberg to take appropriate measures to remove the garbage from the property and board up and secure the roof and structure as rd more specifically set forth in the Director’s July 23, 2007 letter presented at this meeting, and WHEREAS, by letter dated September 19, 2007, the Town’s Health Officer has advised that in his opinion the structure is a health hazard and needs to be removed, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to remove the garbage from the property and board up and secure the roof and structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Michael Holmberg and located at 39 Belle Avenue in the Town of Queensbury (Tax Map No.: 303.16-1-38) appears to be dangerous and unsafe to the public, and BE IT FURTHER, 24 TOWN BORD MEETING 10-01-2007 MTG. #42 RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe structure on Monday, October 15, 2007 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). st Duly adopted this 1day of October, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF OCTOBER 1, 2007 RESOLUTION NO.: 440, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of September 27, 2007 and a payment date of nd October 2, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thnd run date of September 27, 2007 and payment date of October 2, 2007 totaling $251,525.16, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. 25 TOWN BORD MEETING 10-01-2007 MTG. #42 st Duly adopted this 1 day of October, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None rdth Supervisor Stec-The next budget workshops will be October 3 and 10 at 6:30 P.M. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION 441.2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. st Duly adopted this 1 day of October, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury