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2008-08-04 MTG#33 REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 1 REGULAR TOWN BOARD MEETING MTG# 33 AUGUST 4, 2008 RES #366-375 7:00 P.M. B. H. 14-16 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY WASTEWATER DIRECTOR, MIKE SHAW SENIOR PLANNER, STU BAKER PRESS TV8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 366, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 4 day of August, 2008, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF DOUG LIVINGSTON OPENED NOTICE SHOWN REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 2 PUBLICATION DATE: July 25, 2008 DENNIS MAC ELROY AND JOE ROULIER REPRESENTING DOUG LIVINGSTON SUPERVISOR STEC-This is for a holding tank at 303 Cleverdale Road in the Town of Queensbury we set this public hearing about two weeks ago. I will open the public hearing if you want to make your opening pitch before we take public comment that would be great. DENNIS MAC ELROY, ENVIRONMENTAL DESIGN-As indicated this property is located at 303 Cleverdale Road. It is one of the interior lots it does not have frontage of the lake either the east shore or west shore. It lies between Cleverdale Road and Mason Road to the west. The side of it is roughly fifty by a hundred and twenty. It has existed as a seasonal cottage for many years. It has its own water supply several camps are provided with water through an existing system there is not a well on site it is a lake water supply. Joe Roulier has been the builder, contractor on this project for what turns out to be a removal and rebuild. Through discussions with Dave Hatin and Craig Brown again the situation has evolved to where the holding tank is really the best alternative the only alternative for a system that would comply with any form of the regulations as they exist. The primary problem is the relationship and the separation distance from a wastewater system to an adjacent well. The neighbor to the north has a water supply, which is a drilled well, which is shown on the plan. Within the package again adjacent to the north and approximately seventy five feet from the location of the holding tank assembly that we propose that setback requirement is fifty feet in the case of holding tanks. For an absorption field system it would have to be a hundred feet. There is, isn’t anywhere on the lot that we could site an acceptable even raised system or fill system, which would have to be because there is a ground water situation in the area as well. What we have proposed what is shown on the plan is a series of individual tanks that would meet the thirty five hundred gallons capacity requirement for a three bedroom seasonal structure. The owner certainly understands that it is one of the conditions of approving the holding tank that it is a seasonal structure. This is what is shown on the plan we would meet all the requirements as far as alarm systems and what not for the holding tank system that is it in a nutshell. SUPERVISOR STEC-The public hearing is opened. If there are any members of the public that would like to comment on this I would just ask that you please raise your hand I will call on you one at a time. JOHN SALVADOR-I would just like to know how and by what method we are going to effectuate the seasonal use only. What is the seasonal period how is it going to be enforced, who is going to enforce it are there any answers to these questions. Does the Town have any procedure for enforcing this? I don’t think you should grant this until that issue is determined because you are going to have a lot more of these they are coming down the pike. Either it is a management district it is something that does something to insure that the conditions of approval are adhered, too. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 3 SUPERVISOR STEC-Is there any other member of the public that would like to comment on this public hearing. Perhaps the applicant’s agents want to come. One of the questions I will ask along those lines or in that vein is it heated, winterized, what is the instruction of that? MR. ROULIER-Mr. Stec, the deck of the first floor has already been constructed. The project originally began as basically a renovation of a camp that was a seasonal camp at the time. What we have done is we established twenty sonotubebases underneath the first floor of this deck. It is elevated it is totally opened underneath it and there are absolutely no provisions for enclosing in and around these sonotubes to heat that crawl space type of area that is the first consideration. The second consideration is that the water supply for probably about six or seven little seasonal cottages is a small pump that supplies the water only in the spring, summer and fall. There is no intention of changing that water supply for at least this particular camp that we are working on. COUNCILMAN BREWER-How does that water supply work Joe is there a pump? MR. ROULIER-Mr. Brewer down the street approximately five hundred feet there is a home that has at least it did have a jet pump in it. I understand the pump has been relocated down near the shore, but that the serving is approximately twelve inches under grade to several camps that are supplied by that water from Lake George. There is no intention to the best of my knowledge to make that into a permanent water supply. There would be so many issues so many properties that would have to be addressed and approvals from different property owners to comply with establishing year round water it is just not feasible. The structure that I am working on I have discussed with the owner there is no permanent heat before there was a small propane type of heater. I ask him if perhaps he wanted to go back with even a propane type of fireplace to heat it and he assured me that there was no heat going into the building. Every sense of the word it is a seasonal…. SUPERVISOR STEC-It will not be occupied in the winter months. If we wanted to modify our resolution tonight to add that as part of the resolve your client would be comfortable with that? MR. ROULIER-Yes, I certainly am. The owner has indicated to me that it is only seasonal basis for the reasons I indicated regarding the water that is how it will be maintained. COUNCILMAN STROUGH-Dennis test pit data depth of water table. The reason why I am asking is I am just worried about… MR. MAC ELROY-Floatation. COUNCILMAN STROUGH-Right. MR. MAC ELROY-From the information that I have on the groundwater level in the three to four foot range and I have done some calculations on a heavy duty precast concrete tank the weight of which is about twenty two thousand pounds. The uplift pressure in that situation is significantly less REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 4 than the weight of the tank. So a tank even empty would not have a floatation issue and that doesn’t even consider a foot of soil over the top or any volume of liquid in there. Obviously you could pump it; it could be emptied at some point in time. Floatation we have done computations there is not an issue with floatation of a tank of that weight. We are compiling with the regulations, which require an H20 loading tank, heavy duty tank. That size of tank again there are three of them they would each be a twelve hundred gallon capacity to exceed the thirty five hundred gallon requirement. The weight of each individual tank is about twenty two thousand pounds and that uplift pressure….. MR. BREWER-Twenty two thousand? MR. MAC ELROY-Correct. MR. BREWER-Each? MR. MAC ELROY-Correct. COUNCILMAN STROUGH-The other question I would ask is there going to be any parking back there? You know Cleverdale they will park wherever they can and that’s fine, but are the covers designed to take it? MR. MAC ELROY-H20 loading is a traffic bearing cover or tank. MR. ROULIER-Mr. Strough, generally on that particular piece of property there is parking to the roadside of the structure itself. There are no provisions for putting any vehicles in the rear of this property. It is not to say someone may not drive back there. COUNCILMAN STROUGH-We know what happens in Cleverdale and Rockhurst. I am just satisfied that the caps will take the load off. SUPERVISOR STEC-Is there other public comment on this tonight for this public hearing seeing none I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STEC-Bob do you have a suggestion where you might want to put that in do you want to propose it to the board before we move it? TOWN COUNSEL, HAFNER-I propose at the end of the last resolved after the tax map number. I would put comma condition upon the property being used solely as a seasonal residence and not to be used during the winter months. SUPERVISOR STEC-The applicant is comfortable with that. TOWN COUNSEL, HAFNER-Let the Town record show that the applicant’s representatives said that was the case something that the owner is willing to accept. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 5 VARIANCE FOR DOUG LIVINGSTON RESOLUTION NO.: BOH 14, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Doug Livingston applied to the Local Board of Health for a variance § from Chapter 136, 136-11, which requires applicants to obtain a variance for a holding tank and the applicant wishes to install holding tanks in lieu of a conventional septic system on property located at 303 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, August 4, 2008, 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 applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Doug Livingston for a variance from the Sewage Disposal Ordinance to allow installation of holding tanks in lieu of a conventional septic system on property situated at 303 Cleverdale Road in the Town of Queensbury bearing Tax Map No.: 226.12-1-7, conditioned upon the property being used solely as a seasonal residence and not to be used during the winter months. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 6 th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARILYN G. MATRICCINO RESOLUTION NO.: BOH 15, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Marilyn G. Matriccino has applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field 91’ from the neighboring well instead of the required 100’ setback on property located at #10 Hall Road Extension 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, August 18, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Marilyn G. Matriccino’s sewage disposal variance application concerning property located at #10 Hall Road Extension in the Town of Queensbury (Tax Map No.: 289.11-1-18) 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. th Duly adopted this 4 day of August, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 7 NOES : None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 16, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 4 day of August, 2008, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough Noes: None Absent:None 2.0 PUBLIC HEARING PUBLIC HEARING – ADIRONDACK SPORTS COMPLEX APPLICATION FOR DESIGNATION AS CONVENTION CENTER IN ACCORDANCE WITH QUEENSBURY TOWN CODE CHAPTER 160 ENTITLED “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” OPENED NOTICE SHOWN PUBLICATION DATE: July 25, 2008 SUPERVISOR STEC-We had set this public hearing a couple weeks ago for tonight. A couple weeks ago we modified the transient merchant law to provide for the identification of establishments that could qualify as basically convention centers. Following that it was adopted at that meeting we set a public hearing for tonight to consider one, which would be the Adirondack Sports Complex or perhaps more commonly known as The Dome over on Sherman Avenue. We have had a lot events that previously qualified themselves as transient merchant, which required a process here at the Town that we went through a few times for the Dome each time it was basically the same proposal over and over again it seemed a little silly and a little cumbersome. I think the board worked with the owner of the Dome to try to look at the true intent of our transient merchant code and came up with this. Anyways with that as an introduction we do have a public hearing tonight to establish the Dome as an exempt activity as a convention center. With that as a preamble I will open the public hearing if there are any REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 8 members of the public that would like to comment on this public hearing I would just ask that you raise your hand please. KEVIN QUINN, QUEENSBURY-My only concern is that are we just going to give him a complete pass. Let’s say he wanted to have something there that is not so much sports oriented more towards the boat show what happens if he wants to have the big tool show or something like that there or a big outerwear show there. What happens if he turns it into a flea market atmosphere? I did talk to John a little bit about this he enlightened me to a lot of reasons why we should let him do it. I am not saying that I am against it, but I just don’t know if having a wide open situation there is great. He is the only one that is big enough to do this in Town. SUPERVISOR STEC-Let me answer the first question. I think, I heard you ask, which would be could he do things that were non sports oriented. The answer to that is yes. It would be designation as a convention center so long as his overall activity cars, parking, and parking plan that he has in place that continues to work the way its been working for activities similar to what he has been doing they qualify so long as he doesn’t deviate from that it doesn’t matter if it is tools or outerwear or whatever. If he significantly changes the venue where his parking isn’t what it always has been or he has different use of the facility in and outside of the building a carnival something completely different than people going into the Dome coming out of the Dome regardless of what they are looking at then that is not covered by this he would be told to stop or he would have to try to apply for some sort of modification this is the jest of that would be allowed in there. I think the second question you had is he is the first to apply for it. If there is another facility out there off the top of my head he is the first one that comes to mind. There is another one that is out there that says hey we would like consideration for this, too if it meets the code and we go through this process conceivably there could be others. COUNCILMAN STROUGH-It could be the Bavarian Place. MR. QUINN-He said the Bavarian Place. COUNCILMAN STROUGH-Six Flags Great Escape Lodge. MR. QUINN-Right, I mean have they ever applied for any kind of a permit before. SUPERVISOR STEC-I don’t so this is it. MR. QUINN-Are we making an exception for one person then. What happens, I mean, I am not trying to be the devil’s advocate, what is the difference between him having vendors there on the outside or inside. Is there a Transient Vendor Law to protect the people that pay taxes that is why there is a Transient Vendor Law right? SUPERVISOR STEC-That’s a big part of it yeah. MR. QUINN-So we don’t have businesses moving in for the weekend against a business that has been paying taxes year round. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 9 SUPERVISOR STEC-Correct. MR. QUINN-What would be the difference of what you are going to let him do then? Now he doesn’t need to get a permit I don’t want to go back to the Americade because I had a great experience during the Americade. SUPERVISOR STEC-Before that he couldn’t do what he wanted to do every time he wanted to have a vendor in he had to jump through…. COUNCILMAN BREWER-He had to have a site plan essentially. Mr. QUINN-I understand the guy doesn’t want to pay to have a guy selling dog bones five hundred dollars a day. On the other hand what happens next year if that is not working for him what he is doing and he wants to change to a different venue. What happens during the Americade if he walks in and says, hey I will rent vending spots for twenty five dollars a ten by ten inside the building. Now, that is definitely going to have conflict of interest against somebody like me that is paying you the Town and has paid you for quite a long time for a transient vendor license. I guess, what I am saying is if you are leaving this door open I mean it is too vague. What was it built for originally what it built as a sports complex? COUNCILMAN BREWER-Yes it was. MR. QUINN-Now it has changed to a Convention Center. COUNCILMAN STROUGH-In the site plan for the Planning Board it was presented as primarily a sports center, but other venues it was addressed at the Planning Board other venues were going too held there and that was addressed. MR. QUINN-I don’t think that the business owners in Town I think if a lot of business owners realize exactly what is going to happen they are not going to be really happy with that. I mean, I am not just saying me in general. If you have an atmosphere with a flea market in there with thirty or forty or fifty vendors in there you are going to take away a lot from the people who are paying taxes here everyday. I don’t believe you can say to me that it can’t happen in today world. He will rent that building now to anybody he can to generate revenue that is what he is there to do. That building isn’t anything but it is a machine to make money for him. How could you grant him something that you are not granting me or anybody else that gets a transient vendor license I am not the only one now that gets a transient vendor license. I am just asking you in reality what is the difference if he has a roof over the top or it’s a parking lot is that going to make that big of a difference that we should let him do whatever he wants. The guy that does the car sale down at Kmart, Nemer, I think they still have to pay five hundred dollars every time they set up in the parking lot here is a guy that pays taxes every month, but he still has to pay five hundred. Now you are going to have a guy that is coming from out of town he is going to come in and set up in there and all he is going to do is pay revenue to the man. I am just saying the law was in place before he built the building you didn’t make the law after he built the building so why are we changing REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 10 everything to make it easy for him. Maybe that is great, but maybe we should modified a little bit before you pass this today maybe we should say, hey wait a second there is more than just one side of the coin. COUNCILMAN MONTESI-We did look at some of the other communities in the area and ask how do they handle the convention center concept. MR. QUINN-Do they have a Americade though? COUNCILMAN MONTESI-Lake George is a good example. MR. QUINN-Who do they rent their convention space they rent it to Bill Dutcher who runs the Americade who basically is the person that brings all the people here? COUNCILMAN STROUGH-But, Kevin you and I talked about Americade. MR. QUINN-You told me there was going to be some modification to what he could do John. COUNCILMAN STROUGH-I told you read the law and I think I read the law to you, but I will read it to you again. MR. QUINN-You don’t need to read me the law. I am just saying if you are giving him a right to go in there and have anybody sell anything they want in that building whenever they want your are not protecting the business owners in the Town of Queensbury. COUNCILMAN STROUGH-The way we have written the law it has to be compatible with facilities and adjacent land uses, okay. MR. QUINN-Could he sell motorcycle, leather jackets in that building? COUNCILMAN STROUGH-No. MR. QUINN-He can’t? COUNCILMAN STROUGH-Not during Americade. COUNCILMAN BREWER-Where does it say that? COUNCILMAN STROUGH-It says that this event would not cause undo hardship to adjoining property owners. MR. QUINN-That would be the people that live directly around him wouldn’t that. COUNCILMAN STROUGH-If you have a thousand motorcycles going in and out of there….. MR. QUINN-John, but John that is not what you are saying you are saying that is if the people around him complain. That is if his neighbors had an REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 11 issue with that that is not in there saying that he can’t sell during the Americade. COUNCILMAN STROUGH-Not only is, that protects the provision, which you are dismissing, which I don’t buy that its there. The other thing is that anything that is unusual…. MR. QUINN-How many business owners are directly around him? COUNCILMAN STROUGH-Anything that is unusual. MR. QUINN-Is there any business owners around there? COUNCILMAN BREWER-No. MR. QUINN-There will be the new hotel there soon. COUNCILMAN BREWER-There is Larry Cleveland that has the storage. MR. QUINN-I pay a lot of money in taxes and so does everybody else on the Million Dollar Mile we are the people that support the Town. COUNCILMAN STROUGH-Now wait a minute. MR. QUINN-How are you going to open this up to a free trade? COUNCILMAN STROUGH-This kind of thing Kevin brings in taxes. When we were putting this together I interviewed people in Saratoga Springs…. MR. QUINN-How many transient vendors have you ever met…. COUNCILMAN STROUGH-I interviewed people from Lake George and I read Glens Falls laws on the same type of thing. In order for Queensbury to be competitive for these kind of events with our local communities we had to address this, this is one way of addressing this. This is a process and a venue that will prompt receptions, banquets, entertainment events, community events, school and use events, religious events, conference, trade, sports, art, craft shows, exhibits, expos, animal shows, consumer shows, annual convention, corporate conferences, educational meetings, sale and incentive meetings. Now, Queensbury will be more competitive in obtaining these economical beneficial events. It will increase the probability of repeat business for those events. It offers enriches and benefits not only local people, but people coming from distances. It will generate economic gains and tax deductions for all of those. Attendees will use fresh dollars into the local economy spending associated with convention, sports, or exhibit center events it will interact and ripple with many sectors of the local economy and be especially supportive of jobs in a retail, restaurant, hotel, motel sectors. Even your enterprise could benefit by bringing in people from the outside that will be shopping and going to restaurants and so forth in the immediate area. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 12 MR. QUINN-That would be good if it was just a dog show. I am not saying that we shouldn’t let him do certain things. I am just saying you giving them a free pass to anybody they want on their property. COUNCILMAN STROUGH-No you are wrong it is not a free pass. COUNCILMAN MONTESI-What is the difference between this and the Forum? MR. QUINN-I don’t think there is much difference between this and the Forum. COUNCILMAN MONTESI-Were you opposed to the forum having vendors and shows? MR. QUINN-I have property in the Town of Lake George I didn’t see it the same because they don’t have a transient vendor law like you do here. You are not making me pay, but he doesn’t have to pay in Lake George they don’t do that. COUNCILMAN MONTESI-What do they do? MR. QUINN-There, it is free, you just set up on your own property and do what you want. The only time you can’t do transient vendors during the Americade week. COUNCILMAN MONTESI-I don’t think that is the way it works. SUPERVISOR STEC-I don’t know. I am sorry I am not familiar with Lake George’s Town Code. MR. QUINN-Either am I. I am not really up to date and up to snuff, but I don’t pay thirty five hundred dollars to them every year I pay it to you so I guess that is why I am here talking to you. I am not familiar with Lake George; I am not familiar with Saratoga. Lake George doesn’t have the Million Dollar Mile either with outlet malls. What are you going to do when you have fifteen sneaker guys and twenty others they come around? They have them over in Hudson Falls they have had them at Glens Falls Civic Center before they are like a traveling department store so what do we do when they come to Town who is benefiting from that? The retail customer is coming from our base and is going to go and buy in their market place and they are going to leave with our money… COUNCILMAN STROUGH-Kevin the Lake George Forum….. MR. QUINN-John just listen to me, how is that going to make it better for us? COUNCILMAN STROUGH-Wait a minute. Mr. QUINN-When the local economy is spending their money there. I am not talking about bringing the dog show here the boat show I am talking REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 13 about where the money is coming from you are talking about the local people that are spending their money. COUNCILMAN STROUGH-We are giving him permission to have similar events to what he has had. Should anything be substantially different from that he has to go through a site plan. MR. QUINN-It doesn’t say that in what you have written in that law. COUNCILMAN STROUGH-Yes it does. MR. QUINN-I guarantee it doesn’t. Nobody is here saying it doesn’t except you are trying to say it does is that in writing then? Only if he does dog shows and boat show because that is all he has done there. COUNCILMAN STROUGH-Right. MR. QUINN-Listen the guy spent a lot of money to build his building he pays his taxes here; too he should have some use for it. COUNCILMAN STROUGH-You know what you have the Lake George Forum, you have Roaring Brook, Queensbury Hotel, Glens Falls Civic Center, Gideon Putman, Saratoga City Center, many others. MR. QUINN-Does any of those other Towns have a Transient Vendor Law. COUNCILMAN STROUGH-As you said Schermerhorn Hotel on Exit 18 could offer this, too. COUNCILMAN BREWER-What trips the trigger so to speak. John where is the threshold when he has an event to say hey, wait a minute Craig Brown says maybe you should have some sort of a site plan. COUNCILMAN STROUGH-That’s it that is the trigger. That is what we said Craig Brown would bring it to our attention. COUNCILMAN BREWER-Every event that he has he has to go to Craig Brown is that so? COUNCILMAN STROUGH-No, event that would be similar to what he has had before. COUNCILMAN BREWER-I understand what you are saying Kevin. I am not disagreeing with you I am kind of trying to understand myself. COUNCILMAN STROUGH-As the law says appropriate for the types of events planned and will not cause undo hardship to adjoining property owners and or the public and or have undo traffic impacts approve the application or approve it with conditions. MR. QUINN-Isn’t there kind of a gray line there though who makes those calls? Let’s say you retire three years from now and none of you are on the board and there is whole bunch of new people here the law is not written….. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 14 COUNCILMAN STROUGH-Not only that we can put conditions on any approval, too. MR. QUINN-Why would you do that after somebody else has something happen where they have to come back here like I did during the Americade. I had to come in and ask you guys to get that tent shut down which I have to say was great they went down there and did get the signs off. You are already paying taxes why are we making a new law that is not tight enough then let’s not pass it today let’s go back and write it so it is a little more…… COUNCILMAN STROUGH-We made a law we went through a lot of discussion it went through…… MR. QUINN-Let me ask you this John. What is the difference between an open parking lot and this building? Why am I paying you thirty five hundred dollars why am I paying thirty five hundred dollars and he is not? COUNCILMAN STROUGH-For a convention everything has to be inside. MR. QUINN-Excuse me. COUNCILMAN STROUGH-Everything has to be inside enclosed. MR. QUINN-That makes a big difference why would that change anything? Should I put one big tent up and stick everybody underneath it then would that, I am not trying to be sarcastic, but there is an end to this. I mean maybe we shouldn’t have any transient vendor law. COUNCILMAN STROUGH-Well listen we reviewed the neighboring municipalities….. MR. QUINN-I personally think we should. I would probably be the first person you think wouldn’t want it. That is why I am here arguing this we need to protect the people that pay taxes here. We pay taxes here we are business owners they are not all here tonight I wish they were. I wish more people would listen to Dan’s radio and say hey, come to the meetings and participate and you can change your Town that’s why I come to the meetings. I am here trying to participate…. COUNCILMAN BREWER-What would you change and how would you change it? MR. QUINN-I think you should leave it open to like boat shows, dog shows, limit his amount of vendors that he could have. That is a big building he will fill that place up with vendors even at fifty dollars a spot a hundred dollars a spot you know how many spots he has inside there that he could come out with a ten by ten. Having conventions that are good for us would be having like you talk about what happens at the forum they have the landscape show. The landscape show that is something it is local businesses set up inside of a building trying to make the money from the local people that is keeping the money in our community. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 15 COUNCILMAN BREWER-If we had a list of what kind of events Kevin…. MR. QUINN-Having a boat sale you are having the boat people where do the boats come from they come from Boats by George they come from all the Marina’s around the lakes. That is good for the business people are spending the money with the people that live here and pay taxes. Having some guy from Ohio bring a bunch of gifts here and set up a big huge spot and do twenty five thousand dollars for the weekend and leave with the money who is seeing it? Who is seeing the money nobody is seeing the money. I used to do that for a living I was a professional at it nobody gets the money I leave, I take it home and I give it to my community. Sales tax ask New York Sales Tax they went up to Warrensburg and I don’t want to use that as an example, but during the Americade they went to Warrensburg and the lady told me she came to my property she said fifty percent of the people up there didn’t even have a sales tax license. In New York State if you don’t have a sales tax license they don’t close you down they have you fill out an application. How many people do you think actually apply for a sales tax license as a transient vendor. I make my vendors get one because I am paying taxes so are they. It is not just a guy having a couple of people over there limit it to okay he can have fifteen vendors or ten vendors like the dog show that is the only one I keep coming back, too. COUNCILMAN BREWER-What if there was a list of events that he has and any other event he would have to come in have it okayed. MR. QUINN-Maybe through you guys. I mean you are saying that you want to make it easier for him and for you. COUNCILMAN BREWER-I understand exactly what you are saying. SUPERVISOR STEC-That we can do, I think tonight as John has also pointed out. COUNCILMAN BREWER-Right, I am saying we should. Doug do you have some sort of a list of what kind of events that you have had and potentially will have it can’t be all that long? SUPERVISOR STEC-That would be good it might not be perfect, but the most that you could think of between. COUNCILMAN METIVIER-They could come back if they need to modify it later on. SUPERVISOR STEC-Tim is right you Kevin have brought up a couple good points tonight. COUNCILMAN BREWER-Absolutely he has. SUPERVISOR STEC-But, we do have the authority to put conditions on the approval. You said something I want to make sure we are clear you were talking about adopting the law tonight maybe you just misspoke. We did adopt a law two weeks ago tonight we are considering designating like I said it is just a minor thing just so we are clear. The conditions on the approval is REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 16 exactly the kind of thing where we could limit it and say okay well we know dog show, boat show. COUNCILMAN MONTESI-Car show. SUPERVISOR STEC-Car show. MR. QUINN-What happens if the gentleman who owns the Dome sells the Dome to somebody else he is not a community player? SUPERVISOR STEC-I don’t think there is anything in here assuming that the traffic is met and that there isn’t a change to the look that if sneaker vendors from Ohio wanted to come in and have a sneaker weekend there that I don’t think there is anything in our current code that would prohibit that. I think that was a question that you were trying to get at. MR. QUINN-They are called super sales that is what they are called they are called super sales. They will come in and they will pay somebody like him twenty thousand dollars for a weekend there, which is great for him, but where does it leave the outlet malls, where does it leave all the people that are up here paying taxes. What about the people that are employing people year round, I mean. COUNCILMAN BREWER-You make good points. COUNCILMAN STROUGH-Another thing that is in our law it says that the applicant its agents, employees, contractors fail to comply with federal, state, local laws in relation to facility or any events held there at. MR. QUINN-I was just pointing out the fact that a lot of people don’t collect sales tax and they don’t pay it, it is very common in the transient vendor business. COUNCILMAN STROUGH-What this law says if you don’t abide by state, federal and local laws you’re recognition as a convention sports can be revoke. SUPERVISOR STEC-Can be revoked. MR. QUINN-So we are just going to leave it the way it is? SUPERVISOR STEC-No not at all. I think, I mentioned at some point between now and the end of the public hearing Mr. Miller will come up. Hopefully between now and then he is thinking of what his short list might be. Certainly our intent is that we wanted to facilitate the boat show, dog show, the stuff that he has had. By the same token I am not sure we wanted a free for all on the big super sales, sneakers or whatever. We may be able to address that under conditions of approval where we say this if for. MR. QUINN-Even Americade Week. John said there is nothing wrong with him doing Americade Week. I mean if you are going there and have fifty vendors set up in there for Americade Week then how could I pay thirty five hundred and he shouldn’t? REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 17 COUNCILMAN STROUGH-I did not say that Kevin. What, I said was….. MR. QUINN-You said that if anybody around him was being disturbed. COUNCILMAN STROUGH-It is not likely he would be allowed to do an Americade event because of the motorcycles and the noise it is out of character with the neighborhood that is what I said Kevin. MR. QUINN-But, after fifty vendors are set up in there would you tell them they all had to leave? COUNCILMAN BREWER-Who makes that determination, is what he is saying. SUPERVISOR STEC-It is my understanding Kevin that the kind of vendors that you have if they wanted to set up shop there in Americade they could that’s my understanding. MR. QUINN-He doesn’t have to pay. SUPERVISOR STEC-I am not saying if we are looking necessarily for that we were looking to facilitate the dog show, boat show. MR. QUINN-What I am asking is it is going to change? SUPERVISOR STEC-I am telling you that I think we are going to likely ask Mr. Miller to help us come up with a list of conditions. MR. QUINN-I know he is sitting behind me I am not trying to knock the guy out of business. SUPERVISOR STEC-You are raising a good question. MR. QUINN-If, I have to pay then way shouldn’t he have to pay that week you know. COUNCILMAN BREWER-You are right. MR. QUINN-Can I say one other thing before I go. SUPERVISOR STEC-Yes. MR. QUINN-I have to say that Bruce Frank and Craig Brown took care of that vendor that was down there with all those signs. Bruce had pointed out the fact that the sign ordinances the way they are, are better for somebody that has a tent in this Town then somebody that owns a building. He said that him and Craig were going to talk about changing that. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 18 SUPERVISOR STEC-We have a couple of other things along in that vein in our hopper. I think the sign ordinance is on the list of things to be looked at. MR. QUINN-I know on Monday they all told me that you had call them up or on Tuesday you had called everybody in your office and told them that they weren’t because the signs were out there and I had noticed it. I had found out later I had come home late on Monday those signs were put up after your guys were` done working on Monday. SUPERVISOR STEC-Okay. MR. QUINN-So, I wanted to let you know I did not want you to think that they weren’t doing their job. SUPERVISOR STEC-Believe me I have all the faith in the world in our staff I appreciate you pointing that out. MR. QUINN-I am just saying I know you called everybody that morning and was on everybody so I wanted to let you know that it really wasn’t. SUPERVISOR STEC-On them, I mean you know it depends. If you know our work environment I don’t know if anybody in the Town Hall says I ever get on anybody Mike, Bob, Stu? MR. QUINN-All right. I am just saying when I came that night I didn’t realize that they had gone up after….. SUPERVISOR STEC-I know, I appreciate your compliment that you gave me that day about staff jumping right on it. I think everyone including the guy that had the extra signs I think he felt fine with it trying to give everyone a fair shake. MR. QUINN-Thank you. DOUG MILLER, ADIRONDACK SPORTS COMPLEX-Just to help enlighten Kevin. I know that the Town Board members are more aware of it than Kevin is obviously. We looked at the City of Glens Falls, Village of Lake George, Town of Lake George, Saratoga Springs what their requirements are for the Saratoga City Center, Civic Center in Glens Falls, Lake George Forum to hold events similar to what we have held to date there is no requirement they don’t have to apply for a thing. You have benefited from Americade being their being at the Forum and the Forum did not have to do anything Bill Dutcher didn’t have to do anything to have those vendors that he had at the Forum in the Forum. There was no requirement of the Forum or of the promoter of the show. We have has the Adirondack Living Show we have held the Upstate Boat Show, the Quilt Show, Fine Art Show, we have…. COUNCILMAN MONTESI-Dog show. MR. MILLER-Dog show, thank you those are the shows that we have had to date. For the Dog Show, Quilt Show, and Fine Art Show those shows in particular have found the transient merchant application and the process and REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 19 the fees to be such that we have had actually one of the dog shows they have been at the City Center in Saratoga for eighteen years. They came here wanted a long term contract not knowing what the transient merchant law was we know have had one of the kennels there are three kennels Mohawk, Saratoga, and Glens Falls. Mohawk has pulled for next year with the cost they way they have been because it is breaking their budget. They are either going to go back to the City Center we lose that tremendous revenue that we are bringing in the community hopefully it is helping you bring in some additional people. What we were looking for was to try to get on an even playing field with the surrounding communities. MR. QUINN-For the Convention Center space? MR. MILLER-For the Convention Center space and the use of that. In our site plan application as John mentioned it always was we lose site of that fact because ninety eight percent of our business is sports related. We lose site of the fact at times and the Town Board lose’s site and we have to remind them. I pulled those minutes out from our site plan application going back to 2003 and 2004. We talked about having six or eight or ten community events like this so it is something we have always intended to do. We did not know of the difficulty that would be involved with the transient merchant application. I was very aware of the Transient Merchant Law when it first went into affect in the eighties because of the flea markets that you talk about that set up on the street corner. MR. QUINN-I think it was 1995, right? MR. MILLER-First one was early eighties mid-eighties then they modified it. MR. QUINN-Then they changed it again, right. MR. MILLER-Yep. MR. QUINN-I actually didn’t have a permit before Dan was the Town Supervisor there was another gentlemen I don’t remember his name that’s when it came in when he was in office. SUPERVISOR STEC-Dennis. COUNCILMAN BREWER-It was way before that we have had one for years. MR. QUINN-That’s when they changed the dollar amount maybe because I never had to get one and then I did, I thought it was ninety five. COUNCILMAN BREWER-It is not that you didn’t have to it is that you didn’t. MR. QUINN-I have saved some money those years. MR. MILLER-As far as bringing in a flea market if I charge ten, twenty, fifty dollars a booth I can’t do it I don’t cover my cost my lights in there and REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 20 those sorts of things. Typical booth space for a show of the size that we do are starting at four hundred and fifty dollars a booth I am not going to get a flea market person to come in there. MR. QUINN-I will be honest, I will say this on public record I have one vendor that pays me ten thousand dollars to set up on my property during the Americade I claim that to the government. You can’t say to me that at some other point there is not going to be somebody else that comes to you with a bright idea that says, hey you know what this could be a way for you to make more money. We are sitting here at the table having a conversation I am not trying to knock you out of business I think it is great that you bring people to Town. MR. MILLER-I appreciate that. MR. QUINN-I just don’t feel like paying taxes and keeping people working year round and having someone come in with my same product lines and I don’t believe that it won’t happen after a while. If somebody came to you with the right amount of money I’ll give you twenty thousand for the Dome for Americade. MR. MILLER-You will let’s talk. COUNCILMAN BREWER-He is thinking about it. MR. STEC-Gentlemen I hate to do this to you. MR. QUINN-Time is of an essence. MR. STEC-We need to have it with the board. MR. MILLER-The other thing that is in here is I am responsible to notify the board thirty days prior to the event. MR. QUINN-I think just having an open market place I don’t mind it. SUPERVISOR STEC-If we didn’t have a Transient Merchant Law none of us would be here having this conversation tonight that is what makes this situation different. MR. MILLER-This is still more stringent to any of the surrounding communities. SUPERVISOR STEC-I find that about most of what we do here at Queensbury. COUNCILMAN BREWER-Are we going towards having a list or are we not? SUPERVISOR STEC-This is where I think we are. Certainly the board we re trying to accommodate you but by the same token Mr. Quinn has brought up a few good things that I know aren’t your intentions. This really isn’t about you or your application even as much as maybe our law we are REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 21 breaking it in it happens with new laws. I do think it is our understanding that it was not your intention to have you know five hundred sneaker vendors come in there and sell sneakers. We want to allow the dog shows and the boat shows can we come up with a list I jotted down the ones you guys have been talking about. If we said hey, this is limited to dog show, quilt shows, art shows, boat shows and anything beyond that list you are going to need to come back to the Town Board would you have a problem with that? MR. MILLER-I honestly don’t want to go there because I don’t know what could come up. Again, we are a sports facility predominately these are some things that are very critical to our bottom line. With the Forum going out next year I don’t know if Bill Dutcher is going to want to do something there and that is going to have to come before this board. SUPERVISOR STEC-That is why I said my understanding of what is allowed by our new law our newly revised law I think if you wanted to do something to sell leather goods there and compete directly with Mr. Quinn you could. MR. MILLER-If Kevin wants to come we want to do a twenty thousand dollar week I am going to have a serious talk. SUPERVISOR STEC-But, it could be. Is it allowed the question he is asking is I am worried about protecting my business with that be allowed in your business, I think yes in which case he is going to have a concern about that. MR. QUINN-If I am paying that permit the same week that he is not paying it that in itself it would kind of be not fair after me paying all these years and then. COUNCILMAN BREWER-Why don’t we come up with a list by the end of the meeting of eight or ten different things if this is something that you think of tomorrow or the next day. MR. QUINN-Here is a different throw, too. If he wanted to get a permit for something like having a sneaker or the Americade then he has to come back and do what I do and pay five hundred dollars a day. COUNCILMAN METIVIER-I was trying to think of some language there that if it was a specific event to sales only. MR. QUINN-A general retail sale maybe. COUNCILMAN BREWER-Retail sales. MR. QUINN-General retail sales excluding maybe boats, excluding RV’s and boat sales. Not too many people go in and buy a boat or an RV at a boat sale usually most people are going to go in there and look. They will get a hold of that dealer later on and confirm and finally knock the deal down anyway. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 22 COUNCILMAN BREWER-There has to be a way we can come up with some sort of language. COUNCILMAN STROUGH-If you start making a list as to what they are going to be limited to…. COUNCILMAN BREWER-There has to be some sort of a threshold John. COUNCILMAN STROUGH-Exactly the threshold, I think is built into the law. MR. MILLER-I think the language is there already because consumer shows exhibiting an exhibition, which highlights available or new products. Convention. assembly or meeting of members representatives, delegates, of political party there is not stuff in here even trade show there is not stuff in here for doing flea markets. COUNCILMAN STROUGH-Flea markets. MR. QUINN-So there is no retail sales there. COUNCILMAN STROUGH-It doesn’t say flea markets are allowed. MR. QUINN-I am not using the word just flea market. Having a super sale is not a flea market. COUNCILMAN STROUGH-It says exactly what it is here is what it says. Receptions, banquet, entertainment events, community events, school and use events, religious events, conference trade, sports, art, craft shows, exhibits, expos, animal shows, consumer shows, annual conventions, corporate conferences, educational meetings, sales and incentive meetings. MR. QUINN-Electronic shows consumer show. What happens when Big Buy moves into the Outlet Malls are they going to be happy if you are having a consumer sale next door? COUNCILMAN BREWER-There is a lot of gray area. COUNCILMAN STROUGH-It doesn’t say flea markets it doesn’t say anything like flea markets. Furthermore, it says that there is already a built in threshold should they be doing something that is not appropriate we are allowed to revoke recognition. MR. QUINN-Are we going to police it after the fact is my theory, too and I have been there before? COUNCILMAN STROUGH-We have to give the law a chance to air and feel it out and we can amend the law as time goes on as we see the problems that is what we always do as Dan pointed out. SUPERVISOR STEC-And, I pointed out at our workshop on a separate issue. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 23 MR. QUINN-I am pointing some of these out before they occur and they are not something that is not going to occur. He doesn’t want to commit not to have an electronic sale there or to have a retail sale there because he would be shooting himself in the foot. SUPERVISOR STEC-The spot that we’re in and again, I think the Town has been and continues to be as accommodating as we can for everybody involved. We are aware of an imminent show that Mr. Miller has so we really can’t put this off unless we are willing to delay that. On the other hand you are raising some things that we can say; hey you know what we think we know what Mr. Miller intends here. We are going to break this in and if we start realizing that you know it isn’t what we thought it was we can always either revoke or change. On the back end ninety percent of what we do is enforcement after the fact that is why we are here tonight on August th 4. TOWN COUNSEL, HAFNER-If, I just can throw in a suggestion what I am hearing is Mr. Miller concern for having some predictability for being able to bring people in those types of things we heard John talk about. We hear Mr. Quinn talking about we don’t know what will actually happen. We have in the law the ability to impose conditions and maybe sense this is the first time it has come up one of the conditions you want to consider is a time limit that it is only good for six months or a year. That will give you time to have him come back and see how it actually works. That will give them time to do this event that is imminent. SUPERVISOR STEC-That might not be a bad idea. COUNCILMAN BREWER-That is not a bad idea. SUPERVISOR STEC-That might not be a bad compromise give him a year it gives us a year to figure things out. TOWN COUNSEL, HAFNER-It gives time for Mr. Quinn and other businesses to have a chance to see how it works. MR. QUINN-Are we going to limit the amount of retail? SUPERVISOR STEC-If we are going to go with that recommendation I think we would probably just say it is condition on we are going to give this a test drive for a year because he is the first and only one it is a brand new law. MR. QUINN-So next year if we are sitting here during the Americade and he has a building full of vendors he is not paying and I am how is that going to work? COUNCILMAN METIVIER-He does have to notify us thirty days before any event. COUNCILMAN BREWER-Before any event is that true Doug? REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 24 SUPERVISOR STEC-We are supposed to be notified thirty days that is part of the law the sooner the better…. MR. QUINN-If he is going to do that its fine, but he should just have to pay the same amount or maybe I should put this the other way maybe I shouldn’t have to pay the transient vendor license either. SUPERVISOR STEC-It is quite possible that in a year before that expires it may be the Transient Merchant Law gets rewritten again. You understand what we are trying to do you are making a point that you are saying well is he appreciably different than you. You are both taxpayers you both operate brick and mortar if you will permanent structures. You are not the guy that is pulling in from New Jersey into a vacant parking lot and saying here I am and he makes a ton of money on the weekend. MR. QUINN-I let those people into my parking lot I won’t deny that. I am willing to pay that five hundred dollars a day for those people to be there. COUNCILMAN METIVIER-The beauty of it is you are never going to have an event there that you won’t know about if they are doing a super sale. So, if all of a sudden you start seeing ads in the Post Star and the Chronicle that the Dome is hosting….. MR. QUINN-At that point then are we going to say no you can’t have that permit? COUNCILMAN METIVIER-Exactly we could do that. SUPERVISOR STEC-We could he has to let us know thirty days in advance, which gives us thirty days to tell him hey, we are shutting that down. COUNCILMAN METIVIER-Or we will say that’s fine, but you have to pay us the transient….. MR. QUINN-Who does he get approval from just from Craig then he has to run that by Craig one time? MR. MILLER-It goes to Town Board. COUNCILMAN METIVIER-It is the Town Board that looks at that. SUPERVISOR STEC-He is required to send us a letter to Craig and let us know. MR. QUINN-Any change of what he already originally. SUPERVISOR STEC-Any event that he has he just needs to notify us thirty days in advance. COUNCILMAN BREWER-If we see something that sends up a flag. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 25 SUPERVISOR STEC-Hey, that’s not a quilt show or a dog show or he has an electronic exposé there. MR. QUINN-I am not going to monitor someone else business. I have said before to the Town Board I am not the kind of person that points fingers at somebody else. COUNCILMAN BREWER-We get your point and understand it perfectly it is something we didn’t anticipate. COUNCILMAN METIVIER-You have brought up some very valid points that were not looked at. I think there is enough in place that we can protect you, too not just you, but everybody else that pays taxes in Queensbury. Like I said, you are going to know if these things start to happen at that point come and see us and say, hey what is going on here then we can address it hopefully we will be smart enough to pick up on it. MR. QUINN-So could we all agree on one thing before I walk away then if during the Americade there are vendors in that building he is paying five hundred dollars a day or I am not. COUNCILMAN METIVIER-I could live with that. SUPERVISOR STEC-Bob is going to put the kibosh on us there. TOWN COUNSEL, HAFNER-If that is something the Town Board wants they have to change their law. SUPERVISOR STEC-We have ten months before the next Americade. TOWN COUNSEL, HAFNER-It is not a resolution…… MR. QUINN-I am just saying I don’t want this to go to the way side tonight. Yeah, well if there a lot of if’s here then who is going to monitor these ifs? I don’t want to be the monitor I don’t get paid. SUPERVISOR STEC-Correct. COUNCILMAN BREWER-We are the monitors. SUPERVISOR STEC-I like the time limit idea. TOWN COUNSEL, HAFNER-Maybe you pick six months that doesn’t include Americade that gives you some time to work with Mr. Miller and address his concerns. SUPERVISOR STEC-I think it addresses your concerns and your concerns specifically about Americade and I know it addresses your concerns about what is coming next week. MR. MILLER-Because we have spent so much time on this I would ask if you are going to put a time limit. One of the things the concerns deal more REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 26 with the law that adopted already rather than what is being….this resolution tonight. SUPERVISOR STEC-That is a true statement. MR. MILLER-I would ask so that we don’t have it this has taken two years to get to this point. We have the boat show in March we have Adirondack Living Show this fall the one that has been in the Forum for the past four years that is now coming to our place in two weeks actually next week then are here in March again and we have the dog show in February. I am concerned about six months all of a sudden if we put a six month time limit on it….. COUNCILMAN BREWER-How about we make it to next June when is Americade? SUPERVISOR STEC-It is in June. MR. MILLER-If we could do twelve months that would give us time to work through all of this hopefully. SUPERVISOR STEC-Let me ask Bob a question. Let say, that we identify the Dome tonight as a convention center under our current law then let’s say at some time let’s say we would put a twelve month condition on it. In the next twelve months if we amend the law to amend the conditions or the definitions or whatever in a way that would address the concerns raised here tonight would Mr. Miller’s franchise still qualify or would we have to re- qualify it or could we “grandfather” it in at that point when we modify that local law. TOWN COUNSEL, HAFNER-You could grandfather it that is something you would have authority whether or not it would be effective on change that depends on the facts and circumstances. COUNCILMAN MONTESI-The big concern that Mr. Quinn has is that let’s assume that right now Dutcher would go to the Forum. There is no merchant law in Lake George so he could get his vendors in there, done. If Dutcher went to the Convention Center now competitiveness is the same he doesn’t have to pay five hundred dollars a day you do. So, if the Americade was going to the Dome what we need to look at should you be paying it forget the Dome we are going to make that a Convention Center. You are the guy that is on the outside looking in saying; gee you know it is not fair when they were in Lake George there was no transient merchant law now they are in Queensbury there is a transient merchant law and they are exempt from it. MR. QUINN-I have a great working relationship by the way with Bill Dutcher. If, Bill said to me tomorrow hey, I’m going to leave because this isn’t a lie Bill Dutcher actually this year and I think Dan knows this he wouldn’t let merchandise be sold in a lot of locations that had the word Americade on it because he doesn’t want vendors anywhere except for the ones that are paying him. He does bring the people to Town and he is the promoter for the event. I think that just having those couple vendors down REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 27 at the Outlet Malls is driving him crazy because he is starting to lose a little bit of his grip on those vendors. With the economy the way it is vendors aren’t coming like they used too. If somebody offers you a lot less money then somebody else’s you are going to take a better look at that. I think if he filled that place up with vendors I think you might see Bill Dutcher he is saying he is pulling out of Lake George completely. I am not saying that to be sarcastic he has made those comments to me in the past. He has made that announcement in the paper before. SUPERVISOR STEC-Let me see if there is anyone else from the public that wants to join in. JOHN SALVADOR-Yes, you should definitely do something about that five hundred dollar a day fee for a transient merchant license. There is a State Law, I think it is part of the General Municipal Law that says you are only allowed to charge for a fee or a permit the cost of administration of that program certainly five hundred dollars a day per permit is way beyond your cost to administer it. There was talk about Lake George and Lake George not having a transient merchant law. They do not that is true, but that have something else and it is called a business license. A business license is issued on an annual basis they only cost twenty five dollars it is issued by the Town Clerk. The Town Clerk has the discretion if the Town Clerk feels it is necessary to send the applicant to the Zoning Administrator and the Zoning Administrator can call for a site plan review for larger things. If you have a business license it is simply a twenty five dollar fee and you renew it on an annual basis. You must give your federal ID or sales tax number you must certify that you have workman’s compensation and other insurances that are required that is all part of the program. You don’t see these transient merchant springing up the way you do in Queensbury they are not setting up in Lake George that way. If they had to they would have to go to site plan review and make sure that everything is right. I think it is ridiculous what we are doing in Queensbury with this transient merchant. Look at Route 9 where the Teepee is there every year we have the problem with traffic and all why it is just over the line into Town of Queensbury and the Town of Lake George has no jurisdiction. On the other side you don’t have that there is plenty of land to the north of the Teepee where you can set up those same operations. There should be a coordination of programs I think that is what you need. SUPERVISOR STEC-Is there anyone else that would like to address the board on this public hearing? Is the board of the mind to go to a one year limit on this? COUNCILMAN BREWER-What do we do about Americade? SUPERVISOR STEC-We wait and see. COUNCILMAN BREWER-Pick the end of May. st SUPERVISOR STEC-Do you want to go to the end of May, May 31 that is almost a year well ten months. COUNCILMAN BREWER-Does that harm anybody. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 28 COUNCILMAN MONTESI-Let’s look at the other side of it. Let’s assume that Mr. Miller is in contact with Dutcher some time this winter and they agree they are going to go. Thirty days before the Americade he has to notify us what if we said no what happens then that really isn’t fair. If that was the case if we knew that the Americade was going to move to the Sports Dome, I think you have to look at the merchant law look at Quinn and give him a break. SUPERVISOR STEC-Oh yeah, I am not opposed to that I have a list of questions I want to ask the Attorney later. COUNCILMAN STROUGH-I mentioned that to Kevin when we talked. COUNCILMAN METIVIER-We have ten months to fine tune the Transient Merchant Law. SUPERVISOR STEC-Yes we do. COUNCILMAN METIVIER-So why don’t we revisit are you agreeing or not? COUNCILMAN BREWER-Yeah, that’s fine I am agreeing with you. COUNCILMAN METIVIER-So why don’t we look relook at it to see if there are any changes that we need to make to safeguard against something like this happening. COUNCILMAN BREWER-Within that ten month period we can always come back and say…. COUNCILMAN STROUGH-One year. SUPERVISOR STEC-Mr. Miller. MR. MILLER-If, I can for just a second. The Quilt Show is set for next August. If we do ten months now I can’t give them an answer yes or no. We are kind of going full circle again here with time frames….. COUNCILMAN METIVIER-That’s why I am saying why don’t we look at our law. MR. MILLER-If, I have something like Americade coming in I am not going to wait until thirty days before to come to this board with a risk of you are going to shoot it down I am not going to do that. If I think that is even imminently possible I am going to be coming to this board as soon as I think it is even possible. COUNCILMAN MONTESI-Theoretically, Doug every single retail that we could think of tools, trade shows, electronics everything has an effect on their local merchants. MR. MILLER-True. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 29 COUNCILMAN MONTESI-There isn’t anything that you could do retail that wouldn’t effect somebody even quilts. MR. MILLER-You have those going on right now. The Ramada has the Tool Show two or three times a year. They are going on all over the place this has been one of my discussions with Craig they are not being enforced the current Transient Merchant Law is not being enforced. I am the big white elephant so I scrutinized to the tenth degree it seems. SUPERVISOR STEC-So what is the pleasure of the board on the time. I mean ten months, twelve months it doesn’t matter a great deal to me and it seems to matter a great deal to Mr. Miller. I would be inclined to say twelve months that is not to say that we have to wait twelve months before we act on this we may very well come up with a modification of the Transient Merchant Law that clears this up and makes everyone that is concerned….. COUNCILMAN BREWER-I just want to address Kevin Quinn’s concerns I don’t think it is unreasonably to do that. MR. MILLER-I agree. COUNCILMAN BREWER-And I want to accommodate you too, as well. MR. MILLER-Hopefully we can have a workshop again on this with Kevin and we can continue to have dialogue on it. COUNCILMAN MONTESI-I think tomorrow we could get an application for a Convention Center from the Bavarian House….. MR. MILLER-You could or the Great Escape Lodge. TOWN COUNSEL, HAFNER-Maybe if there are certain things that you think are clear like the dog show, house show, boat show you can say that those are fine not just for a twelve month period. Anything else is twelve months and it expires at the end of twelve months that would give you time to decide whether there are other things. COUNCILMAN BREWER-That’s fine. MR. MILLER-Those types of events that we have had to date anything beyond that has a twelve month limit. SUPERVISOR STEC-We will propose some language here, but let’s see if there is some more public comment. Is there anyone else that would like to comment on this public hearing? REGINA HILLER, 220 SHERMAN AVENUE-Mr. Stec you got a letter from me when the boat show happened. SUPERVISOR STEC-I remember the name Ms. Hiller. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 30 MS. HILLER-At that time I asked you whether or not it was legal for him to have a boat show because I was under the impression it was a Sports Complex. As a residential neighborhood nobody objected to children or adults having recreation even though they were coming from other places it did create a lot of confusion on my street You wrote me a letter and you told me you were going to refer it to the Zoning or the Planning Board and that somebody was going to get in touch with me and I never heard from you or them or anyone. Now, what I understand he is requesting a convention status I am saying that it must not have been in the law that you all are saying so he had to apply now. SUPERVISOR STEC-First of all, I apologize that a year or two ago whenever this happened that no one got back to you. Since then what has happened is he has been opened he has had numerous other shows. MS. HILLER-I was under the impression from your letter there was nothing that could be done about it because you had approved it. SUPERVISOR STEC-The Planning Board approved the site plan that allowed for these events not the Town Board. The Planning Board approved the site plan that allowed for these events with conditions and with a process, which Mr. Miller has been held at task and followed several times for the Town Board including a resolution every time he wants to have an event there. In the last couple months we have had a public hearing where we amended the Transient Merchant Law to allow for Convention Centers, which is what we are considering tonight so that he would have a blanket approval to have these events without coming to the Town Board for each individual one not just him, but anyone that applied for and qualifies for that so that is what we are hearing and entertaining tonight. MS. HILLER-Somebody mentioned earlier what is the difference between the Forum, and the Gideon Putman, and the Convention Center the difference is that they weren’t blotted in the middle of a residential neighborhood. The roads and the infrastructure I can’t even ride my bike I can’t even walk to Hannaford because the traffic is ridiculous where I am. I would be concerned I was down in Virginia Beach for a Cheerleading Convention you know they have a huge parking lot for huge buses. You talk about Million Dollar Mile they have adequate parking for huge buses the noise, pollution of buses. I mean when they have fireworks at East Field my house shakes what is going to happen if he has something over there and he decides to have fireworks, music, and noise. I didn’t move over there for this. I have spoken to a lot of my neighbors when I wrote you that letter it was signed by other neighbors of mine. Obviously nobody gets upset, I guess because we are over on Sherman Avenue or whatever. I just don’t want to say what I don’t want I would like to see Sherman Avenue and Western and Veterans be a pedestrian corridor so we would be able to bike and walk there I don’t see any concern. Every time I watch this show on TV it is always about business what about business, business, business, well you know businesses don’t elect you we do. SUPERVISOR STEC-Thank you. Is there anyone else that would like to comment on this public hearing? REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 31 PETER BROTHERS-Good evening I walked in the middle of conversation with Mr. Miller and Mr. Quinn sitting here at the table so I cannot comment to everything that has been spoken this evening. Just my observation really in the last year or so this issue has been going on it seems to me and I am not pointing fingers. I am just saying that it seems to me that Mr. Miller has been going through hoops and hurdles in a lot of respects this is a business it generates sales tax revenue it seems to me if he is working hard to try to bring revenue. Certainly we care about the quality of life in our neighborhoods that is very important and we don’t want to lose sight of that. At the same time though it just seems to me we should be maybe more accommodating to not maybe we should be more accommodating to Mr. Miller as he is doing taxpayers a big favor by bringing business to this community and try and maybe accommodate all the other people who have legitimate concerns. SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing, Mr. Auer. DOUG AUER, 16 OAKWOOD DRIVE-I didn’t plan to comment on this. I did an analysis some time ago of sales tax that we get here in the County, I looked at other counties. I looked at every county in New York State you get this information from the census. Our per capita expenditures retail sales expenditures are almost an order of magnitude that is ten times more than the next closest county this includes Niagara County and across the State. What this tells me not per capita, but per capita earnings what it tells me that this money that comes into the county that essentially we get back as a sales tax rebate really comes from folks outside the area. Make no mistake about it the life blood of this community is people who come in here and drop a lot of money in the summer. I am not sure who those people really are or where they come from they are not from here. They are either from New Jersey, Long Island; downstate whatever New England whatever. You can find that out if one did the analysis on it by looking at the credit card information you could pay for that information from your retailers or actually from the Credit Card Companies they will give it to you. They will tell you how much money is spent in a particular area and the number of people they will tell you incomes it is amazing what you will get. The point is that this is money that comes from outside the area so when people talk about what we need to do to keep that up that is a good thing I am willing to share the community for three months maybe four months out of the year, which is really the max that we are seeing then we get the place to ourselves. We live in a place where people come to be on vacation you can’t say that about Poughkeepsie. Nobody that I know goes to vacation in Poughkeepsie, but they come to this area very few places can say that very very few. I live just off of Route 9 and I hear the go carts it doesn’t bother me to be honest with you most of my neighbors feel the same way. There are other things that I think we can do that are important I will talk about it another time not having to do with this. I think we have to be a little bit flexible with these folks I think Doug is a pretty decent guy I am sure he wouldn’t do something that would be detrimental to someone else on purpose I think he has a conscious. SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing? I think that the direction the board was going. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 32 DEPUTY CLERK, O’BRIEN-I just want to let you know that we received a letter from Larry Cleveland co-owner of Northway Self Storage in support of the Adirondack Sports Complex. SUPERVISOR STEC-Thanks Karen. I think that the consensus I am hearing from the board based on their comments of the public hearing tonight is that we would like to move forward with an approval with conditions. Actually, Bob I think your second suggestion is probably even a better one in allowing and I just have a partial list here. Perhaps it should just be general in saying allowing the shows that have previously occurred at this complex dog show, quilt show, fine art show, boat show. COUNCILMAN BREWER-What about the Adirondack Living the furniture. SUPERVISOR STEC-And the Living Show. For any events not previously held at this complex this approval is good for twelve months from this date. I think that it gives the flexibility to allow what has been allowed to occur there previously. It allows the expansion, which is what was sought tonight, but it puts a time limit on there in case we run into what Mr. Quinn has accurately pointed out it is issues that I don’t think anyone on the board foresaw. Like I said, I think it is probably a good compromise it certainly allows Mr. Miller to continue to operate, however, he likes for the next twelve months in accordance with all his other approvals within those confines. Likewise it protects the concerns that Mr. Quinn pointed out. Do you have suggested language? TOWN COUNSEL, HAFNER-I do. I will go through, but I think there are still questions that I am not sure if you guys have the answer. The way that your resolution is drafted it is has approving/disapproving I am hearing approving. SUPERVISOR STEC-Approving. TOWN COUNSEL, HAFNER-In the first resolved, you have three things that are bolded is/is not, will/will not, will/will not. The first, I think is appropriate and I think consistent with what you said is appropriate for the following types of events; dog show, fine art show, quilt show, living show, boat show if I heard your list right. SUPERVISOR STEC-Yes. TOWN COUNSEL, HAFNER-Solely on a trial basis for other events allowable under the Town Code for only one year. SUPERVISOR STEC-Yes. TOWN COUNSEL, HAFNER-And that gets back to all the work you guys did on the Transient Merchant Law. The second is will not cause an undo hardship. I think you are saying will not cause an undo hardship on the adjoining property owners and/or the public, I think you put based on the conditions. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 33 SUPERVISOR STEC-Yep. TOWN COUNSEL, HAFNER-The next one is are you decided that it will not have undo traffic impacts because I think that is a requirement? SUPERVISOR STEC-What we are doing is we are trying to establish something that has been consistent that we have approved before not having undo impacts. TOWN COUNSEL, HAFNER-Then it goes on and therefore approves the Adirondack Sports Complex’s Application for Designation as a Convention Center… SUPERVISOR STEC-As conditioned above. TOWN COUNSEL, HAFNER-Consistent with above, but then there are other conditions that I don’t know if you want to consider the size of events, the parking, hours of operation. SUPERVISOR STEC-Consistent with his application he has applied with certain perimeters. TOWN COUNSEL, HAFNER-Do we have limitations on hours of operation. John, I didn’t read the thing is there limits on hours of operations? TOWN COUNSEL, HAFNER-No, but the language says that if it should negatively impact the area its designation can be withdrawn there is nothing specific that limits…. COUNCILMAN BREWER-At site plan was there any limitations set for hours of operation. SUPERVISOR STEC-It still has to be consistent with the site plan. TOWN COUNSEL, HAFNER-I think that it is consistent, but this is the time you are setting conditions. SUPERVISOR STEC-It needs to be consistent with the other previous approvals. COUNCILMAN BREWER-Right. TOWN COUNSEL, HAFNER-Okay. COUNCILMAN METIVIER-What kind of approvals did he get from the Planning Board. SUPERVISOR STEC-Site plan approval. COUNCILMAN METIVIER-With no hours or lighting or anything like that? REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 34 SUPERVISOR STEC-Off the top of my head I don’t know. TOWN COUNSEL HAFNER-These are things that you have in here. COUNCILMAN MONTESI-I think the biggest impact that the Planning Board looked at was traffic mitigation and parking. He has mitigated that with a shuttle bus and off side parking. SUPERVISOR STEC-Bob, I think if you are looking for a condition there is an encompassing condition is consistent with is application. His application is where he talks about how he is handling parking he applied we should refer to the application. TOWN COUNSEL, HAFNER-As conditioned upon operation consistent with his application. SUPERVISOR STEC-And other Town approvals. TOWN COUNSEL, HAFNER-This is the time to raise those type of conditions. SUPERVISOR STEC-I agree. TOWN COUNSEL, HAFNER-I thought hours might be something….you said that parking has been dealt with maintenance of insurance is that something that we require? COUNCILMAN STROUGH-It is in the application. TOWN COUNSEL, HAFNER-That is consistent with the application and/or bond we have insurance rather than bond. We are requiring anymore improvements you went through that with the site plan. SUPERVISOR STEC-We didn’t the Planning Board did. TOWN COUNSEL, HAFNER-You have a lot of things to consider want to make sure that we considered them all. SUPERVISOR STEC-Those are the amendments I think the board is currently contemplating are there any additional public comment on this public hearing, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING ADIRONDACK SPORTS COMPLEX’S DESIGNATION AS CONVENTION CENTER IN ACCORDANCE WITH QUEENSBURY TOWN CODE CHAPTER 160 ENTITLED, “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” RESOLUTION NO.: 367, 2008 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 35 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Sports Complex submitted an application to the Queensbury Town Board for designation as a Convention Center in accordance with Section 160-6(A) of Queensbury Town Code Chapter 160 entitled, “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” and WHEREAS, the Town Board scheduled a public hearing concerning this application th which public hearing was duly held on Monday, August 4, 2008, and WHEREAS, the Town Board has considered such factors concerning the application such as the magnitude of planned events, anticipated attendance, special services which may be required, the maximum capacity of the forum, parking, sanitary facilities, access for persons with disabilities, security and other relevant factors, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the Adirondack Sports Complex’s Application for Designation as a Convention Center substantially in the form presented at this meeting, the factors listed in the preambles of this Resolution and the requirements set forth in Queensbury Town Code §160-6(A), hereby finds that the Adirondack Sports Complex: ? is appropriate for the following types of events consistent with events previously held at the Complex: dog shows, fine art shows, quilt shows, living shows, and boat shows; ? is also appropriate on a one-year trial basis for other types of events consistent with the application, Town Code, and Town approvals; ? will not cause an undue hardship to adjoining property owners and/or the public; and ? will not have undue traffic impacts; and the Town Board therefore approves the Adirondack Sports Complex’s Application for : Designation as a Convention Center, with the following conditions 1.For the following events (provided that operation is consistent with the application and Town approvals): dog shows, fine art shows, quilt shows, living shows and boat shows; 2.For events other than those listed above, solely on the condition that such approval is granted on a one-year trial basis provided that operation is consistent with the application, Town approvals and the Town Code, so that REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 36 it will automatically expire one year from the date of this Resolution or th August 4, 2009; and BE IT FURTHER, RESOLVED, that, in accordance with Town Code §160-6(A) the Adirondack Sports Complex is responsible for any and all Federal, State and Town permits and/or licenses necessary for an event and shall provide the Town Board with notice 30 days before each and every scheduled event, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Zoning Administrator/Code Compliance Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of August, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3.0PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) JOHN SALVADOR-Spoke to the board regarding Resolution Authorizing Partial Settlement of Pending Article 7 Real Property Assessment Case and Related Article 78 Proceeding Commenced by 68 Property Owners noting this matter also appeared in the Chronicle. Spoke regarding his concern for the settlement that the 2006-2007 over taxation suffered by those who have chosen to settle may now be compensated for out of the next five years tax collections questioned why the sudden interest in saving time in litigation costs. GEORGE DRELLOS, 27 FOX HOLLOW LANE-Spoke to the board regarding Resolution Authorizing Increase in Billing Rates for Emergency Medical Services Third Party Billing and Adoption of EMS Financial Hardship Policy asked if this was brought on by EMS or someone else? SUPERVISOR STEC-Our new billing company pointed out that we did not have a written Hardship Policy we were required to have one, also pointed out that our rates were outdated and needed to be looked at. COUNCILMAN MONTESI-He also pointed out that we cannot soft bill. MR. DRELLOS-Questioned what would happen if he called WGF and Empire calls me is the same policy in effect with them? REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 37 SUPERVISOR STEC-No, Empire is a private organization we don’t have a contract with them. MR. DRELLOS-Questioned what would happen if WGF picked up someone on the Northway and they are from North Carolina they don’t pay their bill? COUNCILMAN METIVIER-This is half of the reason why we have this. MR. DRELLOS-Questioned how would they get the money from someone out of state? SUPERVISOR STEC-They send them a bill. MR. DRELLOS-Questioned if they would have to show proof that they could not afford it. SUPERVISOR STEC-There is a form that has to be filled out. The threshold is the median Warren County income forty two thousand and change. If you are above that you would not qualify below that you would qualify. MR. DRELLOS-What if they were all volunteer? SUPERVISOR STEC-This is triggered because we are billing. MR. DRELLOS-Concerned with making the Town of Queensbury people fill this form out. COUNCILMAN METIVIER-If they dispute that they can’t pay they have to fill out the form. MR. DRELLOS-They pay it in their taxes. COUNCILMAN MONTESI-Last year it was fifteen percent of the people that used the ambulance service did not have insurance. COUNCILMAN METIVIER-We have a way to regulate this five percent are going to pay regardless then the other ten percent if they cannot pay they can prove their hardship then we won’t bill. We needed something in place we cannot do the soft billing that we were doing in the past it is requirement by law following the right procedures that have not been in place in three years. DOUG AUER-Spoke regarding the Resolution Authorizing Partial Settlement of Pending Article 7 Real Property Assessment Case and Related Article 78 Proceeding Commenced by 68 Property Owners and the article that was in the Chronicle asked if this was all accurate. SUPERVISOR STEC-Yes, recollection that it was fair. MR. AUER-Questioned if everyone knew that you put forth a proposal to a group of property owners that had this not received the coverage would not have come to the light of day except in a resolution tonight to approve this. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 38 Questioned if the a-logarithm that was used to arrive at those assessments was that accurate or not? SUPERVISOR STEC-We are not saying any of that we are saying this is what we are willing to settle forty eight out of six eight of those cases. It is not a commentary on the quality of our opinion on the reval it is a business decision what is the litigation worth. MR. AUER-Asked why this would be done in the dark of night? COUNCILMAN METIVIER-You have to remember what we are trying to do is prevent this from being dragged out in courts. MR. AUER-This is the problem this pretends there is a problem with the a- logarithm maybe there is something radically wrong with the reval that was done this has to be fixed.. DONALD SIPP, COURTHOUSE DRIVE-Spoke to the board regarding an article in the Post Star relating to algae bloom on Lake George. Since then there has been more sightings and more confirmations that there is algae in various places mostly on the west side of the lake and recently some confirmations on the east side of the lake. Looked at the Comprehensive Land Use Plan that was adopted August 6, 2007 in the document it asked that there would be significant ability for the Planning Board to protect the water of the lakes in the Town and improve the quality of water. Assume that there is some action to be taken by the board to push forward with these regulations to allow that the boards in charge of doing this would have some ability to back up what they would like to see in protecting this lake thinks that Queensbury should be the one that takes the first step. COUNCILMAN STROUGH-We developed a plan I think that it is ready for the board will be presented it to board it is called the Shore Lane Ordinance it is set up to be a model ordinance for other communities. It not only addresses Lake George’s concerns, but Lake Sunnyside and Glen Lake and other water bodies as well. MR. SIPP-They are attempting on the Planning Board do to this, but we have no real authority. We ask the people to do this some have done over and above what we have asked and there are others who have thumbed their noise at us. Thinks it is time we get a strong Comprehensive Plan that will work for the Town of Queensbury, Lake George, Bolton, and so forth. DR. ROBERT EVANS, CLEVERDALE-Spoke to the board regarding the Cleverdale article noting he is one who chose not to sue the Town regrets not doing that. Spoke regarding the gag order this is a democracy at work would like the board to relook at this seven because there are a lot of people now that are already signing up for an Article 78. Thinks before this is rushed through you need to look at the consequences concerned about the appraisals on the lake and the assessments. Asked Councilman Metivier to research this a little more thoroughly need to talk to some more neighbors thinks there is a bigger issue here thinks there will be more trouble if this goes through tonight. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 39 COUNCILMAN METIVIER-Explained if you weren’t part of the seventy eight your assessment isn’t going to change. The one thing we do have to fall back on is grievance day next May. The problem we face right now the values of the lake haven’t moved they are more valuable then ever. The rest of the Town has kind of dwindled per se in the prices the prices on the lake haven’t. You have to be real careful that we don’t go for a Town wide reassessment because that could be detrimental to the lake front owners. Explained that this was not done under the table it is not a gag order tried to prevent a long drawn out lawsuit with sixty eight individuals trying to keep our litigations costs as low as possible. SUPERVISOR STEC-Part of the answer to the “gag order” is that it is litigation this case is still pending there are twenty people that did not take the deal. Reminded the board that it is still in current litigation reminded them of Town policy. COUNCILMAN STROUGH-Spoke regarding what the resolution says. If you are reducing between twelve and twenty six percent in property values on Lake George to the tune of seven plus million dollars aren’t you basically admitting an error in your assessment process if this is the case are we opening a Pandora’s Box questioned if this becomes a rational basis for all those that seek the same? SUPERVISOR STEC-The Assessor and our Counsel has recommended this to us. DR. EVANS-John’s point is my point. TOWN COUNSEL, HAFNER-It is your policy decision that you are facing today of whether or not to accept the Assessor’s recommendation this is what your decision is. PLINEY TUCKER- 41 DIVISION ROAD-Spoke to the board regarding when the Technical Park was formed on Luzerne Road believes there was a problem to make it all work in that property had to adjoin property in the City of Glens Falls, asked if it was a chunk of Sherman Avenue. SUPERVISOR STEC-It was Sherman a three foot strip down the length of Sherman. COUNCILMAN BREWER-Not the whole road. LILLIAN ADAMSON, COURTHOUSE ESTATES-Spoke regarding her concern regarding the gag order on the property owners on the lake noting she fully supports what they have done and is hopeful they will get relief. Would like to see the information publically available so that anyone else who discovers that he or she is assessed incorrectly has the opportunity to see a list of the people who have gotten reductions and what the reductions are need to make sure that the sale prices are adequately reviewed and done. TOWN COUNSEL, HAFNER-The resolution is a matter of public record if the Town Board passes the resolution it is not hidden not secret it is a public document. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 40 PAUL NAYLOR, DIVISION ROAD-Spoke regarding the board getting the job done. KATHY BAZONY, WITH THE LAKE GEORGE WATER KEEPER- Spoke regarding them fully supporting the resurrection of the discussions regarding site plan review for all properties within the critical environmental area started this process with the Town of Queensbury a year ago it was moving along do use Queensbury some of their regulations as an example for the Town of Lake George and the Town of Bolton. Investigated five locations on the east side as far as algae bloom a lot of them are due to runoff, septic systems they are not being addressed, wastewater treatment plants that are not being addressed, fertilizer use on lawns we would like to address that. Two are in the Queensbury area that will be investigated tomorrow four last week up in Bolton. We need to address what is happening with the nutrient load in our lake. We need to get the education out need to utilize the critical environmental area meaning five hundred feet from the shoreline. We fully support getting back involved and moving this forward hoping to push it throughout the entire lake. COUNCILMAN STROUGH-Thanked Ms. Bazony for her concerns and contributions. As part of the Shore Land Ordinance gave this to the Planning Board asking what are the loopholes that enable somebody to not get those issues addressed. There was a list given to us by the Planning Board and this board will review it. BETTY MONAHAN-Spoke to the board regarding Resolution Authorizing Increase in Billing Rates for Emergency Medical Services Third Party Billing and Adoption of EMS Financial Hardship Determination Policy th. noting her information comes from an article in the Post Star dated July 30 Asked to hear the cost accounting to justify these huge raises in EMS billing, asked how many of the claims are funded by Medicare or Medicaid. If the costs do not justify the maximum allowed we are further invading these funds whether it is justify or not and these funds are already in trouble and probably be further supported by tax increases in order to keep the funds solvent. There are only certain places this money comes from it doesn’t come from Medicare, it doesn’t come from Medicaid, and it doesn’t come from the Insurance Companies sooner or later it comes out of our pockets. The idea is to get it out of our pockets with the least cost thinks they are looking at getting it out of our pockets at the maximum cost. JIM UNDERWOOD-Spoke to the board regarding Resolution Authorizing Partial Settlement of Pending Article 7 Real Property Assessment Case and Related Article 78 Proceeding Commenced by 68 Property Owners noting he represents the taxpayers in Town Queensbury Property Owners for Tax Equity. These property owners are all waterfront property owners most of them on Lake George some on Glen Lake none of which at the present time on Lake Sunnyside or Hudson River. Through the petitions they have presented to the courts we have built our case around the inequity between the property assessments of the waterfront property owners and those who do not own waterfront property in the rest of the Town of Queensbury. In their case that is the people that are still in the suit as well as the hundred and ten people outside of the suit who have donated money to the case in our REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 41 case for having assessments for 2005 and subsequent years declared null and void. Does not think that any of them on Glen Lake will be settling at any point in the future even though the twelve percent offer may have seemed generous to everybody else in Town the inequity is there and they intend to prove that the inequity is there. 4.0RESOLUTIONS RESOLUTION SETTING HEARING ON GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING GREAT ESCAPE THEME PARK’S PROPERTY LOCATED AT 1772 STATE ROUTE 9 RESOLUTION NO.: 368, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Great Escape Theme Park, LLC (Great Escape) has applied to the § Local Board of Health for a third variance/waiver from 136-44, as the Great Escape has requested an extension of time in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape continues to undergo a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 800± additional feet of collection sewer to connect its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers, th PLLC’s July 18, 2008 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a hearing on Monday, August 18, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Great Escape’s sewer connection variance/waiver application concerning its property located at the Great Escape & Splashwater Kingdom, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20), and REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 42 BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Great Escape as required by law. th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SETTING HEARING ON JOHN JAROSZ’S APPLICATION FOR SECOND VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING GAMBLES BAKERY PROPERTY LOCATED AT 920 STATE ROUTE 9 RESOLUTION NO.: 369, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, John Jarosz has applied to the Town Board for a variance/waiver from §§ Town Code 136-44 for a second variance/waiver from 136-44 to connect the Gambles Bakery property located at 920 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property has a fully functioning septic system and grease trap, as more fully set forth in the application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th August 18, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Jarosz’s sewer connection variance/waiver application concerning the Gambles Bakery property located at 920 State Route 9, Queensbury (Tax Map No.: 296.17-1-45), and REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 43 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED PURCHASE OF TELEPHONE SYSTEM FROM CAPITAL RESERVE FUND RESOLUTION NO.: 370, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Technology Coordinator has advised the Town Board that the Town’s current phone system is experiencing ongoing and un- resolvable issues and therefore he has requested Town Board approval for the purchase of an up-to-date replacement phone system, and , WHEREAS the Technology Coordinator requested proposals for the purchase and installation of such telephone system and has recommended that the Town Board approve such purchase and installation from CornerStone Telephone Company for an amount of $49,748.45, which is State contract pricing, to be funded from the Capital Reserve Fund, 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 August 18, 2008 to hear all interested persons and take any necessary action provided by law concerning the funding of the proposed purchase and installation of the telephone system as set forth in this Resolution, 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 in the manner provided by law. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 44 th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None RESOLUTION AUTHORIZING INCREASE IN BILLING RATES FOR EMERGENCY MEDICAL SERVICES THIRD PARTY BILLING (BILL FOR SERVICE) AND ADOPTION OF EMS FINANCIAL HARDSHIP DETERMINATION POLICY RESOLUTION NO.: 371, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously entered into Agreements with the Town’s three (3) Emergency/Rescue Squads (Squads) for a bill for service (third party billing) program, and WHEREAS, by Resolution No.: 596,2004, the Town Board authorized the establishment of billing rates for Emergency Medical Services (EMS) third party billings in the Town of Queensbury, by Resolution No.: 462.2005, the Town Board increased the billing rate for the Mileage (loaded) rate due to an increase in gasoline prices, and by Resolution No.: 47,2007, the Town Board authorized the addition of ALS II billing rate, and WHEREAS, by Resolution No.: 179,2008, the Town Board entered into a Billing Service Agreement with Emergency Management Resources, LLC (EMR) for provision of billing and collection of emergency services, and WHEREAS, EMR has recommended that the Town Board authorize revisions to all billing rates for EMS third party billings in the Town of Queensbury as the Town’s current rates are much lower compared to other providers in the region as more specifically set forth th in EMR’s June 29, 2008 letter to the Town Supervisor, and WHEREAS, EMR has also recommended that the Town Board authorize adoption of an EMS Financial Hardship Determination Policy (Policy), with such Policy’s purpose being to develop guidelines to objectively evaluate the financial ability of patients to make payments for their emergency medical services, and such Policy being in accordance with the Department of Health and Human Services, Office of Inspector General, Federal Register Vol. 68, No. 56 dated March 24, 2003, REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 45 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the following billing rates for Emergency Medical Services (EMS) third party billings in the Town of Queensbury: BLS - $ 500.00 ALS1 - $ 800.00 ALS2 - $1,000.00 Mileage - $ 15.00 per loaded mile and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the small balance write-off amount shall be $150.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs adoption of the EMS Financial Hardship Determination Policy substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Emergency Management Resources, LLC, the Town Supervisor and/or Town Budget Officer to take the necessary actions to implement such billing rate changes and adoption of the Policy, and effectuate the terms of this Resolution. th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: Mr. Brewer ABSENT:None DISCUSSION HELD BEFORE VOTE: I agree with you that we are bringing in more revenue COUNCILMAN BREWER- no dispute about that. I will also say and you mentioned since we started this a few years ago we started with a budget of seventy thousand dollars for paid daytime service now we are hedging towards a half a million dollars. The eight hundred thousand that we are brining in is not totally supplementing this REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 46 EMS operation because we have a new building, new ambulance, and payroll. I think at a time when people can’t afford to go to the gas station to fill up their car for us to raise the rates thirty, forty percent I think in my own opinion it is only my opinion that we should try to do things that we can to save money. I think first and foremost we ought to look at the budgets and reduce the budgets then the money that we do bring in will benefit the taxpayers. In my opinion again the only thing that we are doing here is just handling more money and we are making the guy that bills this stuff a healthier profit he is the only one I see benefiting and again that is just my own opinion. You and I had a somewhat heated discussion about it more than once I am not afraid to admit that. I just think you are wrong at a time when people can’t afford to put food on their table or go to the gas station I think it is a sin for us to raise the prices the way we did. SUPERVISOR STEC-As you and I have discussed and I agree with you we have had numerous conversations on this we are going to have to agree to disagree on the wisdom of how we pay for EMS services. I certainly respect your opinion and I see your point. COUNCILMAN METIVIER-I think we really need to take a good hard look at the budgets this year. Now, that we have a year under our belt with the new EMS Station in West Glens Falls we need to tighten our belt a little bit and hopefully we can save taxpayers money who don’t utilize the service and those that do. RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 372, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 Budget Officer, 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 amend the 2008 Town Budget as follows: From To Code Appropriation Code Appropriation $ Emergency Svcs. Contracts - 005-0000-0599 Appropriate Fund Balance 005-3410-4415-4980 Fire 160,498 Emergency Svcs. Contracts - 005-0000-0599 Appropriate Fund Balance 005-3410-4415-4981 EMS 92,180 032-0000-0599 Appropriate Fund Balance 032-8130-4425 Sewage Treatment 61,500 033-0000-0599 Appropriate Fund Balance 033-8130-4425 Sewage Treatment 16,600 REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 47 034-0000-0599 Appropriate Fund Balance 034-8130-4425 Sewage Treatment 115,000 036-0000-0599 Appropriate Fund Balance 036-8130-4425 Sewage Treatment 7,800 th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF AUGUST 4, 2008 RESOLUTION NO.: 373, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills stth presented as the Warrant with a run date of July 31, 2008 and a payment date of August 5, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of July 31, 2008 and payment date of August 5, 2008 totaling $1,860,709.87, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of August, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION AUTHORIZING PARTIAL SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES and RELATED ARTICLE 78 PROCEEDINGS REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 48 COMMENCED BY 68 PROPERTY OWNERS RESOLUTION NO.: 374, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, a group of 68 Petitioners previously commenced Article 7 Real Property Assessment Review cases and related Article 78 proceedings against the Town in 2005, 2006 and 2007 challenging the assessments on their properties located within the Town, and WHEREAS, in May of this year representatives of Petitioners sought settlement discussions with the Town and such discussions were held over a period of time, with an agreement to keep them confidential in accordance with the Town’s usual practice of not commenting publicly on pending litigation, and WHEREAS, 48 of the 68 Petitioners have agreed to settle their claims and withdraw from the Article 7 and Article 78 proceedings for all years at issue and to refrain from participating in or filing any Petitions for 2008, and WHEREAS, the Petitioners who are agreeable to settling at this time are listed in attached Schedule A, along with the Tax Map Numbers of the parcels they own, and WHEREAS, the Town Assessor reviewed the cases with Town Counsel and has recommended a settlement proposal to the Town Board, and WHEREAS, under the terms of settlement no refunds will be paid to the 48 settling Petitioners by the Town, Warren County or the School Districts in which the parcels are located, REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 49 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 and Article 78 proceedings for 2005, 2006 and 2007 as to the 48 Petitioners listed in Schedule A, which will result in assessments as shown in Schedule A, and BE IT FURTHER, RESOLVED, that the assessments set forth in Schedule A shall remain effective for the assessment rolls for 2008 through 2013 notwithstanding any revaluation, but the assessment for any parcel may be revised if that parcel is further improved or any existing improvements are significantly renovated or the parcel is sold, and BE IT FURTHER, RESOLVED, that no refunds shall be paid in connection with the settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 4th day of August, 2008 by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec, Metivier NOES: Mr. Strough ABSENT:None SCHEDULE A FOR RESOLUTION AUTHORIZING PARTIAL SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES and RELATED ARTICLE 78 PROCEEDINGS COMMENCED BY 68 PROPERTY OWNERS Parcel 2008-13 Owner’s Name Tax Map # Assessment 1 226.8-1-4 Freihofer 1,553,300 2 227.17-1-32 DeLappa 883,900 3 226.8-1-5 Alexy 1,086,600 REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 50 4 226.12-1-59 Ferris 920,800 5 226.15-1-3 Englert 926,300 6 226.15-1-19 Polonsky 1,144,000 7 226.15-1-25 Pozzi 836,000 8 226.19-1-76 Pensel 457,600 9 226.19-1-87 Owen 1,230,800 10 226.19-1-88 Tobin 1,634,200 11 226.19-2-24 Hemenway 760,500 12 226.19-2-25 Shonewolf 968,000 13 227.13-2-7 Cleghorn 437,400 14 227.18-1-3 Pensel 67,600 15 239.7-1-3 Hardt 1,185,100 16 239.7-1-4 Logan 1,074,600 17 239.7-1-16 West 704,000 18 239.7-1-17 MacElroy 1,213,300 19 239.7-1-18 Ahlers 873,000 20 239.7-1-21.2 Dawson 1,846,900 21 239.7-1-24 Bernard 704,700 22 239.7-1-30 Brown 591,200 23 239.7-1-31 Shires 701,500 24 239.7-1-33 Harris 878,600 25 239.7-1-35 Thomas 1,149,700 26 239.12-2-12 Farry 1,092,400 27 239.12-2-33 Austin 575,000 28 239.15-1-6 Mackey 1,656,000 29 239.17-1-10 Farber 1,870,500 30 239.20-1-19 Rief 837,300 31 226.12-1-70 Mooney 1,137,800 32 226.15-1-4 Irish 1,059,800 33 226.15-1-18 O'Keefe 1,150,300 34 226.16-1-19 Wetherbee 672,500 35 227.13-2-15 VanSchaick 738,100 36 227.13-2-16 Black 766,400 37 227.13-2-17 Kearns 536,800 38 227.14-1-2 Dewey 736,700 39 227.14-1-3 Dewey 584,300 40 227.17-1-47 McCollister 992,600 41 227.18-1-7 Boyd 1,186,200 42 227.18-1-8 Teele 929,200 43 239.7-1-36 Watson 760,500 44 239.12-2-16 Landry 553,300 45 239.12-2-62 O'Hanlon 778,100 46 239.15-1-9 King 2,405,500 47 239.16-1-21 Simms 880,000 48 289.18-1-1 O'Keefe 651,600 CORRESPONDENCE 5.0 NONE 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? Spoke to the board regarding his visit to Hovey Pond regarding algae growth and sediment. Recommended cleaning up the water or maybe work with BOCES or someone for a fall cleanup project. REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 51 COUNCILMAN MONTESI ? Supervisor Stec and I will be meeting tomorrow with the Town Engineer regarding Homer Avenue and the storm water runoff. It goes all the way over to Quaker Road in front of Minogues and the Tire Warehouse it is a project we have been working on for almost a year. ? Tomorrow night will be attending the Recreation Commission Meeting and Wednesday morning the Cemetery Commission Meeting. COUNCILMAN STROUGH ? Date changed for the Dedication Ceremony of the Third Plaque on the Veterans Walls at the Peace of Victory Monument in Crandall Park it will be this Saturday at 1:00 p.m. ? Listed the monthly events regarding the Queensbury Senior Citizens. ? Received phone call from former Highway Superintendent of the Village of South Glens Falls regarding what they did as a community to put their bicycle trail together thanked him for saying his thoughts with him. COUNCILMAN BREWER ? No comment SUPERVISOR STEC ? www.queensbury.net Town of Queensbury website ? Thanked TV 8 and the sponsors. ? Toured Crandall Library noting it is coming along the project is on time and is on budge project somewhere at the end of November it will be opened to the public. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 375, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it Regular Town Board Meeting. th Duly adopted this 4 day of August, 2008 by the following vote: REGULAR TOWN BOARD MEETING 08-04-2008 MTG #33 52 Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:None Respectfully, Darleen M. Dougher Town Clerk Town of Queensbury