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2007-11-19 MTG48REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 1 REGULAR TOWN BOARD MEETING MTG # 48 NOVEMBER 19, 2007 RES. # 490-503 7:00PM BOH # 28-29 L.L. #8 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SUPERINTENDENT OF CEMETERIES, MIKE GENIER DIRECTOR OF INFORMATION TECHNOLOGY, BOB KEENAN PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR STEC- OPENED MEETING 1.0ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 490,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby enters into the Queensbury Board of Health. th Duly adopted this 19 day of November, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE FOR RICHARD AND KAREN MASSER NOTICE SHOWN PUBLICATION DATE: NOVEMBER 9, 2007 PUBLIC HEARING OPENED SUPERVISOR STEC- If there is anyone who would like to comment or ask any questions on this particular public hearing I just ask that you raise your hand and I will call on you and I will call on folks one at a time. Mr. Salvador REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 2 JOHN SALVADOR- Good evening, I would have expected you to have the applicant make some kind of a presentation as to what the project is SUPERVISOR STEC- If he is here I will, your right. Is the applicant here, or their agent? Sir, if you want to come on up. Thank you, John. TOM HUTCHINS- Good evening Board. Tom Hutchins here on behalf of Richard and Karen Masser. The Masser’s own a two bedroom camp at 8 Gun Lane. It’s a seasonal residence, it is not winterized and they shut it down six to eight months a year. They estimate they spend six to eight weeks a year there cumulative there during the summer. They do have an old septic system, it is in failure. The failure shows itself by drainage problems after it sees several days of continuous use. We’re proposing to step back; the parcel is about seven thousand square feet in total area. The soils are high silt content; ground water is about a foot and a half below grade as evidence by modeling. There are pressure spew options for a conventional replacement system within the confines of this parcel. Based on that, we are proposing a three thousand gallon holding tank; a concrete tank to be installed on the east side of the camp in the area of where they park. SUPERVISOR STEC- On the tank, a typical question, are alarms and shut offs included as part of the design? MR. HUTCHINS- Alarms and shut off are included. We have actually have included a three position alarm system. Your standards call for two and we’ve added a 90% alarm in addition to the 50 and 100%. With that, it there is any questions I will do my best SUPERVISOR STEC- Any questions from the Board before we open it to the public. Yes, Roger COUNCILMAN BOOR- I haven’t looked at this in great detail, it is fairly simple. The only possible concern I might have is the permeability. You are showing that you are going to asphalt over the tank MR. HUTCHINS- Right, and there is asphalt in that area now. COUNCILMAN BOOR- It looks like it goes right off your property too. Not that that’s an issue but I just want to make sure that we’re not granting something that a planning board wouldn’t allow you to do. MR. HUTCHINS- Okay, I haven’t run the permeability, by looking at it I don’t… COUNCILMAN BOOR- I don’t know what the floor area ratios are here. I don’t know how… MR. HUTCHINS- Floor area ratio- they are under. They are roughly 18% right now. It is a one story structure. COUNCILMAN BOOR- Right, I’m using that only as a foot print. I’m not concerned if it is ten stories really. What I am getting at is that I just want to make sure that there is permeability, enough permeable surface. Are there sidewalks and other things that aren’t shown on this map? MR. HUTCHINS- No, I don’t believe there are COUNCILMAN BOOR- There are no sidewalks? MR. HUTCHINS- That’s possible, I located this by hand. I don’t believe there are sidewalks COUNCILMAN BOOR- I don’t have a problem with at holding tank but I’m not sure I’m willing to grant the amount of asphalt without knowing MR. HUTCHINS- Okay, I will verify that and we will make sure that it is in the confines of the permeability. I don’t have a problem with that. COUNCILMAN BOOR- Maybe the rest of the Board doesn’t feel that way. SUPERVISOR STEC- We can maybe stipulate a condition. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 3 COUNCILMAN BREWER- I don’t know that we have the authority to allow them to put the asphalt on somebody else’s property anyway. COUNCILMAN BOOR- Well we can’t allow that, but that might be the road. My only point is that we are a Board of Health. We are dealing with a septic system we can’t grant you this asphalt. I don’t believe it is in our authority to grant you the asphalt. MR. HUTCHINS- Okay, what I am showing is approximate existing asphalt parking. COUNCILMAN BOOR- I know but that is going to be gone if you put that holding tank in there and you need to understand that we cannot, this Board does not have the authority to grant new asphalt to be placed. MR. HUTCHINS- Understood. COUNCILMAN BOOR- All we can deal with is the septic system. MR. HUTCHINS- And I’m okay, I have no problem verifying permeability and if that becomes an issue we’ll take that to the next step. SUPERVISOR STEC- Any other questions of the applicant. At this point I will take public comment, John if you would want to come back and anybody else. JOHN SALVADOR- Good evening, my name is John Salvador. I’m a resident in North Queensbury. As I understand it the applicant is applying for a variance from Town Code Chapter 136, section 136-11 which prohibits the use of holding tanks unless a variance is granted by the Board according to the provisions of section 136-18 through 136-20. The rest of section 136-11 deals with the design criteria of holding tanks including the sizing criteria which establishes volume as a function of the number of bedrooms. No where of several of the Town Codes can one find the definition of the term bedroom. I looked briefly at the plan; I don’t think the building layout shows interior petitions and the number of bedrooms. Is that true? MR. HUTCHINS- No, we don’t MR. SALVADOR- Okay, it’s just stated that it is two bedrooms. This conforms with the Assessor’s records. The Assessor shows this as a seasonal dwelling with two bedrooms and no heating system. Returning to sections 136-18 through 20 and the variance procedure, the Local Board of Health must find by necessary implication the application is complete. No one else has done that. I think that is the first order of business. I believe the application is incomplete for the following reasons: the district boundaries are not noted on the site plan, this is in a CEA, we shouldn’t lose site of that; the building layout does not show interior petitions etc. and therefore the number of bedrooms as I mentioned before. This is built as a seasonal use dwelling and is the foundation for you granting this septic variance, allowing a septic tank. Seasonal use: we have no definitional of seasonal use, which season, how long. Is this a summer camp? If it is lets say so and what do we define the summer to be. A zoning permit has not been issued per Town Code Chapter 179, section 179-16-090- zoning permits. The Zoning Administrator is responsible to review the application and make a determination that the lot is a lot of record; a lot of legal record. I’m making a point of that here because this is going to come up again shortly with applications from Rockhurst and mainly the Seayboyer application. Again the Zoning Administrator has an obligation to make a determination that the lot, this lot is a lot of record. That’s being overlooked many times. A legal lot of record, this is a very small lot; you have to begin to wonder how it got created. Town Code Chapter 136 section 136-18A reads: no variance in the strict application of any provision of this part shall be granted by the Local Board of Health until it shall find all of the following: 1) there are special circumstances or conditions fully described in the findings of Local Board of Health applying to such land and that such circumstances or conditions are such that strict application of the provision of this part would deprive the applicant reasonable use of the land. I think these conditions exist; they just have to be stated. You have to make a finding in this permit. COUNCILMAN BOOR- John are you saying the engineer or the applicant’s representative has stated that the system is failing. The current system is failing. What’s your point? I want to know what you are looking for. It’s on the record that the system is failing. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 4 MR. SALVADOR- Is that a special circumstance COUNCILMAN BOOR- I’d say that is a tremendously special circumstance. If you are in a critical environmental area and you have a septic system that is failing I think it is worthy of note. MR. SALVADOR- All I am asking is that the Board make this finding. COUNCILMAN SANFORD- Well fine. I think if you look at this most of us on this Board feel that a holding tank while not encouraged certainly are more environmentally safe because nothing goes in the ground. It gets pumped out and taken away and it is most ideally suited for seasonal use, which is what this is. The applicant is making representations that the current septic system is failing, so I think we will make that determination. COUNCILMAN BOOR- He meets all three of these criteria as I read them, John. MR. SALVADOR- Okay fine, in the resolution of approval I think you should state these findings. We must bind this applicant down to seasonal use. That is the very criteria for allowing a holding tank, its seasonal use. COUNCILMAN BOOR- Let me ask you a question. Let’s say we define seasonal as May to September? MR. SALVADOR- Um COUNCILMAN BOOR- I haven’t asked the question yet. The question John, let say he uses it in December, what’s our recourse? MR. SALVADOR- Violation of the permit COUNCILMAN BOOR- Yeah, what’s our recourse though? MR. SALVADOR- Well COUNCILMAN BOOR- The system would already be installed so what is our recourse? MR. SALVADOR- Look, people are in violation of your code, everyday they are brought before the Town COUNCILMAN BOOR- No, you didn’t say code, you said permit. My point is, what is our recourse? MR. SALVADOR- Look, if the code is inadequate with regard to this it is time to get it tuned up. COUNCILMAN BOOR- I’m not necessarily in disagreement with you but we are not here to rewrite the code, we are here to see if this application applies as written in the code and currently my understanding is that it does. I think your points are well made and this certainly could read better. We’ve had problems with this section before but I don’t think it is the time to rewrite the code. MR. SALVADOR- Maybe it’s time to call a stop to this until we do rewrite the code. This applicant has… COUNCILMAN BOOR- John this is a critical environmental area with a system that’s leaking. So, when you say stop are you saying that it would be better to have this thing continue to leak while we take… MR. SALVADOR- I presume a seasonal use dwelling is not going to go into use until next May. There is plenty of time to take care of the deficiencies of a code if you think they’re there. COUNCILMAN SANFORD- You’re just defining seasonal use when you just earlier said that we don’t know what seasonal use it. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 5 MR. SALVADOR- Well, I assume. I assume it is a summer cottage. COUNCILMAN SANFORD- So do we, we make that same assumption. MR. SALVADOR- Fine, the code… See not everyone plays by those rules because we don’t have a rule. That’s all I’m saying. We need definition of bedroom, we need definition of season, then you have a basis on which to grant permits. That’s all. The other thing that Mr. Hutchins mentioned is that there is a relatively high seasonal ground water. I don’t know that the drawings show a hold down system. This huge tank could float if we are not careful. A holding tank gets pumped out all the way. That’s the idea. If the right time of the season… COUNCILMAN BOOR- Well, certainly we could put that in the resolution. MR. SALVADOR- Okay. COUNCILMAN BOOR- And I think we were alluding to that. MR. SALVADOR- The building department has very carefully put out this septic disposal information and application packet. It says here that all construction shall conform to New York State Building Code, New York State Energy Code and the Town of Queensbury Zoning and Sanitary Sewage Ordinance. The New York State Building Code Chapter 26 states that providing plumbing fixtures are installed individual sewage systems shall be constructed in conformance with the provisions of 10NYCRR Appendix 75A. Now Appendix 75A does not allow holding tanks in year-round use. It doesn’t say it does allow in seasonal use, it just doesn’t allow them in year-round use. So again, we must, if we are going to grant this permit, and by the way I agree this is a classic holding tank application, small, seasonal use dwelling, small lot; it can’t get any better; but we must bind the applicant down to the conditions of approval. That is it remains seasonal, it remains two bedrooms that has to be done in your resolution of approval. Again, we are in serious need of definition work, long overdue. Thank you. SUPERVISOR STEC- Thank you Mr. Salvador. Anyone else like to comment on this public hearing regarding this variance application? Okay, any other comments from Board Members? COUNCILMAN BOOR- Yeah, I think that they do show three different alarms; one a 50%, one at 90%, and one at 100%. I’m not here to design this thing, but I would be more comfortable with a shut off at 90% though. Would you be agreeable to something like that Mr. Hutchins? MR. HUTCHINS- Yeah, I could agree with that. I would add that 100% is not a 100% of the tank capacity. COUNCILMAN BOOR- No but it is level with the line going into the house is my concern. According to this diagram, actually 100% is above the bottom of the line going in. I’m assuming there is a slight grade your quarter inch per foot. MR. HUTCHINS- How about if we were to put them at 80 and 90%, instead of 90 and 100%? Then I could put the shut off at 90%. COUNCILMAN BOOR- We are flying by the seat of our pants but that is better than we you’ve got. I just don’t like having the shut off at 100% because if there is any error the stuff is going back into the house. MR. HUTCHINS- Okay, I added the 90, your code says the shut off will be 100%. I added the 90 so that he got some warning. A lot of times the 50% alarm they don’t necessarily get the attention they should because they know it is a 50% alarm. COUNCILMAN BOOR- We are taking 300 gallons. COUNCILMAN SANFORD- Is that a misprint or is it 3000? COUNCILMAN BOOR- Well, the tank is 3000 but 10% is 300 gallons REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 6 COUNCILMAN SANFORD- 10% I got ya, I’m sorry. What assurances do we have that this won’t float? MR. HUTCHINS- I’ve run buoyancy numbers bases on the thing being fully submerged. The biggest assurance we have is that this is a traffic rated tank, which means it is a very heavy walled concrete tank and there is soil above it and I have run the buoyancy numbers. COUNCILMAN BOOR- Were they done with the asphalt on top though? MR. HUTCHINS- They were done with the soil on top, not the asphalt. COUNCILMAN BOOR- Not the asphalt MR. HUTCHINS- Right, I took credit for a foot of soil on top COUNCILMAN SANFORD- Well asphalt would make it better. MR. HUTCHINS- Yeah, a little bit. If it is going to pop, the asphalt is not going to do a whole lot actually. COUNCILMAN STROUGH- What is the high water mark? COUNCILMAN BOOR- On the tank. MR. HUTCHINS- The table? COUNCILMAN BOOR- Yeah, if we were looking at it with the lines, with your 90%, 100% how does it compare with those, the ground water. MR. HUTCHINS- It would be as I find water table by modeling, it would be six to twelve inches below the top of the tank. It’s high. I ran the buoyancy based on it being fully submerged. COUNCILMAN SROUGH- So are you going to have to install, after you ran the buoyancy calculations, are you not going to have to put a tie down system in? MR. HUTCHINS- We would not have to put a tie down system with this particular tank, with the mass it is. It is a thick tank because it is traffic rated and they are a large structure. COUNCILMAN BOOR- So, we would have an 80% second alarm and 90% shut off MR. HUTCHINS- Sure I can do that SUPERVISOR STEC- Rose, we are going to probably have a resolution that will approve this with those changes. COUNCILMAN BREWER- Is there an assurance that it is going to remain a seasonal camp? COUNCILMAN SANFORD- Lets put it in the resolution COUNCILMAN BOOR- Yeah, put it in the resolution. That this will remain… MR. HUTCHINS- Its seasonal it is not winterized. Based on discussion, they have no plans; but if you put it in the resolution… COUNCILMAN BOOR- I’d be more comfortable because there is nothing that prevents them, and I think this is actually more than a two bedroom capacity, which when you look at it means that we grant this and then you come into the Planning Board and you say hey, I’ve got capacity here for three bedrooms and we want to convert this to a year- round and the Planning Board hands are tied somewhat. The only things they can look at are storm water and some other issues. So, we try to avoid granting in advance expansions. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 7 MR. HUTCHINS- The 3,000 is your two bedroom capacity and frankly the owner had expressed installing a 4,000 gallon tank to me and we discussed it and we decided to apply for a 3,000 gallon tank for that very reason. COUNCILMAN STROUGH- I know you said it once but how many square feet is the structure? MR. HUTCHINS- Just over eleven hundred. COUNCILMAN BOOR- So this will remain a seasonal dwelling. The second alarm will go off at 80% capacity and the shut off will go off at 90%. MR. HUTCHINS- That’s foot print. It is a single story COUNCILMAN STROUGH- Single story MR. HUTCHINS- Part of that is a porch, it is a very small structure. I don’t have a floor plan showing the number of bedrooms COUNCILMAN STROUGH- And people have asked me it is a 3,000 gallon holding tank and so even if someone were to buy this and rebuild it, they would have to maintain two bedrooms because that’s all 3,000 gallon holding tank will permit. You couldn’t put three bedrooms unless you’ve got permission another and bigger holding tank in. SUPERVISOR STEC- Any other discussion? I will close the public hearing. Introduced by Roger with amendments and seconded by Councilman Brewer and just for the record Rose, you’ve got the amendments as: modified the alarms for a 50% alarm, 80% alarm and 90% will be the shut off. DEPUTY CLERK MELLON- What was the 50%? SUPERVISOR STEC- There was one alarm at 50 and it will stay at 50. COUNCILMAN BOOR- That’s original, that didn’t change SUPERVISOR STEC- Yeah, that doesn’t change. COUNCILMAN BOOR- I’m only giving her the changes. DEPUTY CLERK MELLON- Okay SUPERVISOR STEC- I can’t; what else you were staying Roger COUNCILMAN BOOR- That it remain a season SUPERVISOR STEC- Yeah, a seasonal structure. Everyone clear on the motion? Any other discussion? Lets go ahead and vote. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR RICHARD AND KAREN MASSER RESOLUTION NO.: BOH 28, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 8 WHEREAS, Richard and Karen Masser applied to the Local Board of Health for a variance § from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicants wish to install a 3,000 gallon holding tank on property located at 8 Gunn Lane, Cleverdale in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the variance th request on Monday, November 19, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variance, the Local Board of Health finds that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Richard and Karen Masser for a variance from the Sewage Disposal Ordinance to allow installation of a 3,000 gallon holding tank on property situated at 8 Gunn Lane, Cleverdale in the Town of Queensbury bearing Tax Map No.: 227.13-2-3 contingent upon: 1.the dwelling to remain a seasonal structure; 2.the holding tank’s first alarm to go off at 50%; 3.the holding tank’s second alarm to go off at 80% capacity; and 4.the holding tank’s shut off to occur at 90% capacity. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 9 NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 29,2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0PUBLIC HEARINGS LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 161 “SPECIAL SALES EVENTS” NOTICE SHOWN PUBLICATION DATE: NOVEMBER 9, 2007 PUBLIC HEARING OPEN SUPERVISOR STEC- To just refresh and give a little background, we had a public hearing on this a month or two ago and the Board had decided that we wanted to change the definition a little bit to allow for garage sales on Fridays and Mondays therefore to catch the holiday weekend situations as opposed to trying to limit it to just Saturday and Sunday. Actually, the intent of this Local Law really is to just put a stop to the perpetual garage sale, which would start sometime in the spring and perhaps go all spring, summer and fall or perhaps year-round. We modified that to just change it from Saturday and Sundays to Friday, Saturday and Sundays and that is the jest of the changes. COUNCILMAN SANFORD- Why a SEQRA Form? COUNCILMAN BOOR- Why the SEQRA? SUPERVISOR STEC- Because Mark said that we have to absolutely do a short form SEQRA and actually there is another one in there but I did ask Mark about this and he felt that the safest thing to do would be to do a short form. COUNCILMAN BOOR- Is it considered a zoning change? COUNCILMAN SANFORD- Its not a zone change REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 10 SUPERVISOR STEC- I did, I questioned him on that. I said this doesn’t seem right to me but Mark felt COUNCILMAN BOOR- I don’t mind doing it but garage sales can be held on any property. It would be under any zone. SUPERVISOR STEC- That was exactly the kind of conversation I had with Mark and he assured me he felt to be the most safe that he wanted to do that in this instance and actually one of our resolutions tonight. Anyways, I will open the public hearing, if there is anyone who would like to comment on this public hearing again regarding the garage sale code just raise your hand and I will call on you one at a time. Mr. Salvador JOHN SALVADOR- Again, my name is John Salvador. If this is tailored simply for garage sales why don’t we call garage sale instead of just special sales events? There are other… SUPERVISOR STEC- Actually John, I will answer that question. The current code is “special sales” and in fact I think we have changed this to the title now is going to be special sales events and garage sales. So we are adding garage sales into the title. The title of the chapter that we are changing is special sales events. COUNCILMAN SANFORD- See John, just like what is seasonal, we are concerned somebody might do one on their driveway and then it might be a driveway sale or in their front yard and then it would be a front yard sale and a back yard a back yard sale, in the garage a garage sale. So we thought that we would cover all bases by calling it a special sales event. SUPERVISOR STEC- And in fact we do have the definition of garage sales. MR. SALVADOR- There are other special sales that go on in Town, special sales events that aren’t necessarily of a type you are talking about here, garage, driveway or not. SUPERVISOR STEC- Correct, and that part of code is unchanged MR. SALVADOR- And how do we regulate them SUPERVISOR STEC- The same way we’ve been regulating them for years now. We have code enforcement people that they take the complaint or they drive by and they see something going on. COUNCILMAN SANFORD- It could be worse we could have this law limited to just seasonal use. Then we would really be in a pickle. MR. SALVADOR- Yeah, I have an example of a special sales event that took place in my neighborhood. They put up a big tent over a tennis court, over top of a tennis court and had what is called; you could call it a special sales event. They sold food and liquor. They had porta-johns on the site, which are not allowed in the Town unless you have a building permit. They didn’t need a building permit for this, but they did this. Now these are special sales events that are going unregulated. COUNCILMAN BOOR- And these may go unregulated too John, but if nothing else it allows us to enforce it if we chose to. If you find out after the fact it is kind of hard to do something. MR. SALVADOR- If it is in fact garage sale, that kind of thing, then that is what it should be entitled. Special sales events should cover all kinds of special sales. COUNCILMAN BOOR- Well, our Counsel wasn’t here to answer that question SUPERVISOR STEC- Indeed, and as I have said before I think we have addressed that. COUNCILMAN STROUGH- We do have a definition, special sales event- “a temporary, short- term use of land or structures for the purpose of off-site sales or on-site sales in a tent or a similar structure, temporary structure, if such sales were not permitted by site plan review, conducted by an established business lawfully and existence and operation within the Town of Queensbury provided REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 11 that the items being offered for sale are those items already primarily offered for sale by that business and its principle location”. Now I hope that clears everything up. COUNCILMAN BOOR- Actually, the last part does. MR. SALVADOR- Well, there was another special sales event that took place on this property, all over the front page of the Post Star here. The Republican Party had a special sales event there. Okay, now at the time that the Republican Party had that special sale event, on that same property, th they were under advice from the Zoning Administrator on May the 8. The Dunham’s Bay Resort Complex is a pre-existing, non-conforming use in a residential, three acre zone, no expansion, enlargement of services or facilities, increases in intensity of use or facilities may occur without the granting of a use variance by the Town of Queensbury Zoning Board of Appeals. To date no such approvals have been applied for or granted for your project. It is unclear to me from the plans that you have submitted if such a seasonal, year-round conversion is planned for the cottage units. Please provide clarification on this matter so a final determination can be made relative your pending your building permit applications. The applicant in this case stated we’re a seasonal use business, we are seasonal. The Zoning Administrator accepted that providing they closed their business on Columbus Day weekend, that’s determined to be the season, they didn’t need site plan review and a use variance. They are still open to this day and they hosted the grand old party after the election. Now, I say again, there are special sales going on in this Town that need regulation and by the way SUPERVISOR STEC- Not to interrupt you but I will, that’s what we are attempting to do here is we are attempting to tie up something that is an issue that we have been made aware of and it’s taken us a long time to get to where we are tonight with respect to garage sales. I’m not going to sit here and argue that our Town Code is perfect, far from it, and in fact there are literally hundreds of critics. This is an attempt to make it a little better, a little clearer and I think a little firmer. MR. SALVADOR- We sure do need tightening up with the code; and Mr. Grasso should be a little more careful where he books his celebration parties in the future. SUPERVISOR STEC- I’ll let you take that up with him. MR. SALVADOR- At least the facility should be compliant. SUPERVISOR STEC- Alright, thank you. Is there anyone else that would like to comment on this public hearing tonight regarding garage sales? Alright, I will close this public hearing. Before we can adopt it there is a SEQRA. PUBLIC HEARING CLOSED PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF NO YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED NO AGENCY. ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF NO LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, drainage or flooding NO problems? Explain briefly. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or NO community or neighborhood character? Explain briefly. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 12 C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened NO or endangered species? Explain briefly. C4. A community’s existing plans or goals as officially adopted, or a change in use or NO intensity of use of land, or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the NO proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain NO briefly. C7. Other impacts (including changes in use of either quantity or type of energy? Explain NO briefly. D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION ENACTING LOCAL LAW NO.: 8 OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 161 “SPECIAL SALES EVENTS” RESOLUTION NO. 491, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 8 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 Town Board has before it a Short Environmental Assessment Form for State Environmental Quality Review purposes with regard to the action contemplated by this legislation, and th WHEREAS, the Town Board duly held a public hearing on Monday, November 19, 2007 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 13 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law No.: 8 of 2007 to amend Queensbury Town Code Chapter 161 entitled “Special Sales Events,” reviewing the Short Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment and hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 8 of 2007 to amend Queensbury Town Code Chapter 161 entitled “Special Sales Events,” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None 3.0CORRESPONDENCE DEPUTY CLERK MELLON- Supervisor’s report for Community Development/Building and Codes for the month of October is on file at the Town Clerk’s Office. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 14 4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0PRIVILEGE OF THE FLOOR KATHLEEN SONNABEND- ? Spoke concerning Supervisor Stec’s lack of performance for the benefit of Queensbury taxpayers with regards to the 16 million dollar Social Services Building. ? Spoke regarding the damage to French Mountain. Suggested that the entire Board go and visit the site. Skip Stranahan gave a tour showing the damage, which herself, John Strough, Tony Metivier and a few private citizens attended. ? Stated that we owe a great debt of gratitude for the hard work and accomplishments to Roger Boor and Richard Sanford. They made some important changes in Queensbury. MARK HOFFMAN- ? Spoke regarding the candidates’ debate and a comment that was made by a candidate and the televising of Town Board Meetings. He stated that the Board Members deserve a lot of credit for televising these meetings. ? On a related matter, during the debate one of the candidates mentioned the negotiations with Time Warner for the cable contract. Questioned the Board as to where they are at with regards to that. ? Called Time Warner on numerous occasions to ask if they could televise the Debate on their Public Access Channel and could not reach a live person. He was connected to a voice mail and has not received a call back as of yet. ? Spoke regarding an article he saw in the newspaper regarding Queensbury School coming to the Town Board to discuss their desire for an access to Aviation Road in addition to the one they currently have. Questioned the Board as to when that will be. Supervisor Stec said that it is first on the agenda for next Monday night. ? Spoke regarding TV8 televising Town Board Meetings. Councilman Sanford noted that he has recently heard that Glens Falls National is pulling their sponsorship. Councilman Brewer feels that if they cannot find a sponsor that the Town should put money in the budget to pay for this. JOHN SALVADOR- ? With regards to the televising of Town Board Meetings, he assures the Board that there will be no opposition from taxpayers to take money out of the budget to pay for this expense. ? Spoke regarding an article in the Post Star entitled “Can’t We All Just Get Along”. ? Suggest that privilege of the floor be more than five minutes. At the Glens Falls meetings there is no limitation on time and they are quite civil. ? Spoke regarding the Macchio business on Bloody Pond Road. He said they had to close their business because they didn’t have a business plan not because they were being harassed by this Board. ? Spoke regarding Resolution 7.7, Resolution Authorizing Agreement Between the Town of Queensbury and American Tree Co., Inc. He feels this resolution is bad business. He doesn’t think it is right that we are giving the Stranahans’ the bush that the Highway Department collects during fall pick up. He feels this should be done on a competitive basis. SKIP STANAHAN- ? Presented to each of the Board Members a picture of Bear Pond on November 5, 2007. Stated that this picture shows that the Macchio ad was not only a fraud but it was a hoax and it was designed to unseat candidates before the election. ? With regards to Mr. Salvador’s comments on wood waste. This project is a blessing because every load of wood of that is ground into fuel replaces a load of oil. He states that they are not only in this community to grind wood and make product they are also here to contribute to this community. They are interested in making green power. He hopes that everyone is as concerned about the environment as he is. DOUG AUER- REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 15 ? Spoke regarding Kathleen Sonnabend’s statements earlier, speaking truth to power. He feels that Councilman Boor took a bullet for it. He has the upmost respect for him. ? He doesn’t feel that the Board Members should be paid. PLINEY TUCKER- ? Spoke regarding Resolution 7.6, Resolution Authorizing Lease Agreement Between the Town of Queensbury and City of Glens Falls Concerning the Luzerne Road Transfer Station. He asked Supervisor Stec to get him a copy of the original lease. ? He brought a copy of a draft of a regular meeting of the town board of the Town of Moreau. In these minutes it states how the budget for the Library was handled. Asked Supervisor Stec to get him a copy of the lease that the Library Director, Kristine McDonnell signed in 2005. ? Questioned Councilman Brewer about a discussion they had at an earlier dated regarding abandoning a road. He asked him to get together with Mike Travis to review the highway law, the section on abandonment of roads. MIKE SEGAL- ? Earlier tonight there was an ovation for Roger Boor and Richard Sanford. They both worked diligently for their wards and for the Town. He objects to Doug Auer’s comments regarding the Board Members being paid. He feels they are worth every penny. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- ? Thanked Mr. Segal for his comments. ? Wished everyone a nice Thanksgiving. ? Noted that he appreciates what Councilman Boor and Councilman Sanford has done during their time on the Board. COUNCILMAN STROUGH- ? Thanked Mr. Segal and Kathleen Sonnabend for their comments. ? Understands where Mr. Auer is coming from but the Board Members dedicate a lot of time to the Town. ? Concerned about the TV franchise. They have gotten and extension on that but they need to hire the right people and he is willing to work with them to develop a TV franchise cable agreement that will be good for the community. ? Spoke regarding the Main Street Project and that they need to get some help on the State level. Supervisor Stec noted that they will resume the public hearing on the Main Street underground utilities. Hopefully they can wrap that up. COUNCILMAN SANFORD- ? Thanked the people for their kind words and support. ? Wished everyone a happy holiday COUNCILMAN BOOR- ? Thanked all of his supporters over the past six years. ? Wished everyone a safe and healthy holiday season. SUPERVISOR STEC- ? Thanked everyone for their show of support. ? Thanks to TV8 for televising these Town Board Meetings. Asked that they display the date of the meeting on the bottom of the screen. ? Towns website www.queensbury.net ? Wished everyone a happy Thanksgiving 7.0RESOLUTIONS REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 16 RESOLUTION AUTHORIZING ADDITION OF JEFFREY HAAS AS ELECTRICAL INSPECTOR AT THE INSPECTOR, LLC RESOLUTION NO.: 492, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town and by previous Resolution the Town Board determined that The Inspector, LLC met this criteria, and WHEREAS, The Inspector, LLC has hired Jeffrey I. Haas as an electrical inspector and has requested that the Town Board approve Mr. Haas as an approved inspector, and WHEREAS, the Town’s Director of Building and Code Enforcement has reviewed Mr. Haas’ credentials and has recommended that the Town Board authorize Mr. Haas to perform electrical inspections within the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Jeffrey I. Haas of The Inspector, LLC to make electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Director of Building and Code Enforcement to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF STOREVAULT S500 SYSTEM - NETWORK ATTACHED STORAGE DEVICE RESOLUTION NO.: 493, 2007 REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 17 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Director of Information Technology has requested Town Board approval to purchase a network attached storage device called the Storevault S500 System to provide redundant data storage and backup to the Town’s computer network, and WHEREAS, New York State Bidding is not required as the purchase price for the System is in accordance with New York State Contract No.: PT60947 pricing, and WHEREAS, moneys for such proposed purchase are included in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Director of Information Technology’s purchase of a network attached storage device called the Storevault S500 System from the ATEC Group in Albany in accordance with New York State Contract No.: PT60947 pricing for a total amount not to exceed $11,747 to be paid for from Account No.: 01-1680-2031, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Information Technology, Town Fiscal Manager 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 19 day of November, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2008 FORD F350 TRUCK WITH PLOW PACKAGE AND TOWING HITCHES FOR USE BY TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 494, 2007 REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 18 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Cemetery Superintendent has advised the Town Board that the Cemetery Department’s 1993 Ford Dump Truck has been “red tagged” and taken out of service as a result of the truck’s gas tank rusting through causing serious gasoline leakage, the floor board on the driver’s side collapsing due to rust, leaving a large open area where gasoline and engine fumes were entering the cab, which combined with other problems regarding the engine, brakes, radiator, oil pan leakage, exhaust system failure, etc., constituted a serious safety hazard, and WHEREAS, such truck was essential as it was one of only two trucks used by the Cemetery Department, it was used extensively in the maintenance of the 10 outside cemeteries to haul mowers and other equipment, and Cemetery operations are now seriously compromised, and WHEREAS, the Cemetery Superintendent has therefore recommended that the Town Board authorize replacement of the truck as soon as possible to ensure efficient and continuous operations in the Cemetery Department, and WHEREAS, the Cemetery Superintendent has requested authorization to purchase one (1) 2008 Ford F350 truck with a plow package and towing hitches for the estimated amount of $31,061.32 from Fairport Ford, LLC, and WHEREAS, the Town’s Fleet Committee has approved this vehicle replacement request, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Superintendent’s purchase of one (1) 2008 Ford F350 DRW 4X4 Truck with plow package and towing hitches from Fairport Ford, LLC of East Rochester, New York in accordance with New York State Contract pricing for the estimated amount of $31,061.32, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Fiscal Manager to amend the 2007 budget as follows: REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 19 ? Increase Appropriation 001-9901-9002 "Interfund Transfer to Cemetery" By $32,000.00 to be funded by appropriating undesignated, unappropriated Fund Balance; ? Increase Revenue 002-0000-55031 "Interfund Transfer" by $32,000.00; and ? Increase Appropriation 002-8810-2020 "Vehicles" by same amount; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2007/2008 AND PROVISION OF 2007 STANDARD YEAR END SERVICES RESOLUTION NO.: , 2007 INTRODUCED BY: PULLED WHO MOVED ITS ADOPTION SECONDED BY: RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY LAKE GEORGE BOAT CO. RESOLUTION NO.: 495, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 20 WHEREAS, Lake George Boat Co. previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the assessed value of property located on a Tax Map No. 239.8-1-17 for the 2005, 2006 and 2007 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, the Lake George Central School District approves of the settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Lake George Boat Co., concerning property located on Tax Map No. 239.8-1-17 for the 2005, 2006 and 2007 assessment years in accordance with the following revised assessment value: Tax Year Current Assessment Revised Assessment 2005 $ 1,482,500.00 $ 1,171,000.00 2006 $ 1,482,500.00 $ 1,171,000.00 2007 $ 1,482,500.00 $1,171,000.00 and BE IT FURTHER, RESOLVED, that the revised assessment of $1,171,000.00 will remain in place throughout the next three (3) tax seasons (2008-2009, 2009-2010 and 2010-2011) on the condition that there is no Town wide re-evaluation and that there is no new construction, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Judge & Duffy, within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 21 take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CITY OF GLENS FALLS CONCERNING THE LUZERNE ROAD TRANSFER STATION RESOLUTION NO.: 496, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury (Town) and City of Glens Falls (City) previously entered into a Lease Agreement concerning the Luzerne Road Transfer Station as the City owns the real property and the Town constructed and operated its Transfer Station on the property for many years, and WHEREAS, although the previous Lease Agreement expired by its terms, the Town and City continued their relationship, and WHEREAS, the Town and City wish to extend and continue their spirit of cooperation for the mutual benefit of Town and City constituents and residents by continuing such relationship into the future by entering into a new Lease Agreement which will formalize the Town and City’s understanding of the terms and conditions of such Lease Agreement, and WHEREAS, a proposed Lease Agreement, in form acceptable to Town Counsel, is presented at this meeting and the Town Board feels that such Lease Agreement is in the best interests of the Town and its residents, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 22 RESOLVED, that the Queensbury Town Board hereby approves of the Lease Agreement between the Town of Queensbury and City of Glens Falls concerning use of the Luzerne Road Transfer Station substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Lease Agreement and authorizes the Town Supervisor, the Town’s Landfill Equipment Operator, Town Fiscal Manager and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN TREE CO., INC. PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) E.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF NO YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. F.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED NO AGENCY. ANY G.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF NO LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, drainage or flooding NO problems? Explain briefly. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or NO community or neighborhood character? Explain briefly. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened NO or endangered species? Explain briefly. C4. A community’s existing plans or goals as officially adopted, or a change in use or NO intensity of use of land, or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the NO proposed action? Explain briefly. REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 23 C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain NO briefly. C7. Other impacts (including changes in use of either quantity or type of energy? Explain NO briefly. H.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND AMERICAN TREE CO., INC. RESOLUTION NO.: 497, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Highway Department wishes to enter into an Agreement with American Tree Co., Inc. that would allow the Highway Department to deposit wood waste on American Tree property, and WHEREAS, Town Counsel has prepared such an Agreement, and WHEREAS, the Town Board believes it to be in the public interest to authorize such Agreement substantially in the form presented at this meeting, and WHEREAS, the Town Board has before it a short Environmental Assessment Form for State Environmental Quality Review purposes with regard to the action contemplated by this Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the action contemplated by the proposed Agreement between the Town of Queensbury and American Tree Co., Inc., will not result in any significant adverse environmental impacts, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 24 RESOLVED, that the Town Board hereby approves and authorizes the Agreement with American Tree Co., 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 and authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CARL MATTISON AS FULL- TIME LABORER FOR CEMETERY DEPARTMENT RESOLUTION NO. 498, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery Commission have advised the Town Board that there is a vacant full-time Laborer position in the Cemetery Department, and WHEREAS, the Cemetery Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended the hiring of Carl Mattison, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Cemetery th Superintendent to hire Carl Mattison as a full-time Laborer effective on or about November 20, 2007 contingent upon Mr. Mattison passing a pre-employment physical and subject to an eight (8) month probationary period, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 25 RESOLVED, that the Town Board further authorizes and directs that Mr. Mattison be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent, Highway Superintendent and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF FIRE EXTINGUISHER TRAINING MATERIALS RESOLUTION NO.: 499, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Fire Marshal wishes to purchase new fire extinguisher training materials which will allow for fire extinguisher training without the mess from dry powder and the cost of recharge, and has advised the Town Board that such materials will serve as ideal tools for training in schools, assisted living facilities, church groups and/or public assemblies, and WHEREAS, the Fire Marshal received a quote for such materials from Bullex for a total cost of $15,305 and has requested Town Board approval for such purchase, and WHEREAS, the Town Board previously adopted a Purchasing Policy which requires: 1) Town Board approval of any item in an amount of $5,000 or greater up to New York State bidding limits; and 2) competitive bidding of the item unless the purchase is made from a sole source, and WHEREAS, the Fire Marshal has researched available vendors and has confirmed that Bullex is the sole source for this type of training aide meeting the needs of the Fire Marshal’s Office, and REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 26 WHEREAS, the Town Board believes that such training will benefit Town residents and promote fire safety and awareness and wishes to authorize such purchase for the reasons listed above, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Fire Marshal’s purchase of fire extinguisher training materials from Bullex for an amount not to exceed $15,305, to be paid for from Miscellaneous Contractual Account No.: 001-3410-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to transfer funds and amend the 2007 Town Budget accordingly to cover the costs of such purchase as follows: FROM: TO: $ AMOUNT: 001-8020-1010 001-3410-4400 4,000. (Planning Salary) (Misc. Contractual) 001-8010-1010 001-3410-4400 4,000. (Zoning Salary) (Misc. Contractual) 001-1990-4400 001-3410-4400 4,555. (Contingency) (Misc. Contractual) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fire Marshal and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 500, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 27 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 General Fund Code Appropriation Code Appropriation 001-8030-4414 Community Research 001-8989-4414 Community Svcs 3,100.00 001-1950-4430 Property Taxes 001-5132-4070 Hwy Garage Bldg Repr 7,000.00 Highway 004-5110-4620 Paving 004-5130-4410 Fuel for Vehicles 20,000.00 Solid Waste Fund 009-9089-8089 Other Employee Benefits 009-9060-8061 Health Ins. Buy Out 200.00 th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – th WARRANT OF NOVEMBER 19, 2007 RESOLUTION NO.: 501, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the thth Warrant with a run date of November 15, 2007 and a payment date of November 20, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of thth November 15, 2007 and payment date of November 20, 2007 totaling $1,296,741.29, and REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 28 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2008 FORD F350 DRW, 4X4 REGULAR CAB AND CHASSIS WITH DUMP BODY FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 502, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2008 Ford F350 DRW, 4x4 Regular Cab and Chassis with Dump Body for use by the Town Highway Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC63527SB, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent’s purchase of one (1) 2008 Ford F350 DRW, 4x4 Regular Cab and Chassis with Dump Body from Fairport Ford, LLC in accordance with New York State Contract #PC63527SB for an amount not to exceed $25,150.36 to be paid for from funds budgeted in the current year from Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-19-2007 MTG # 48 29 RESOLVED, that the Town Board authorizes the following budget amendment to effectuate the purchase of such equipment: ? Increase Appropriation 004-5130-2020 Vehicles, and ? Decrease Appropriation 004-5110-1010 Salaries in the amount of $25,150.36; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: ABSENT: 8.0ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 503, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 19 day of November, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully, Darleen Dougher Town Clerk Town of Queensbury