2009-02-23 MTG#7REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7
REGULAR TOWN BOARD MEETING
FEBRUARY 23, 2009
7:00 P.M.
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
WATER SUPERINTENDENT, BRUCE OSTRANDER
WASTEWATER DIRECTOR, MIKE SHAW
SENIOR PLANNER, STU BAKER
PRESS
POST STAR TV 8
MTG#7
RES #63-81
B.H.7-9
L.L.#2
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STEC-Opened meeting.
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 63, 2009
INTRODUCED BY:Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
Duly adopted this 23rd day of February, 2009, by the following vote:
Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
Noes: None
Absent:None
PUBLIC HEARING
RANDY SEVERANCE'S APPLICATION SANITARY SEWAGE DISPOSAL
VARIANCE
OPENED
PUBLICATION DATE: FEBRUARY 13, 2009
546
RANDY SEVERANCE APPLICANT PRESENT
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 547
SUPERVISOR STEC-We noticed this a couple weeks ago. This is for property located
at 7 Fox Lane in Queensbury upper Ridge Road up north. They are seeking four
variances from a mound system to be placed on the residential properties. The first is
fifty six point one two feet from wetlands in lieu of the required hundred feet. Zero from
the side property line in lieu often foot. Zero from the front property line in lieu often
foot. Fifteen foot from the foundation instead of the twenty foot, again this is on 7 Fox
Road in the Town of Queensbury with that said are you here representing yourself. Good
evening if you want to basically brief the Town Board and the public I think the board
might understand your situation, but I will let you introduce it and yourself too, please.
RANDY SEVERANCE, 30 CLEMENTS ROAD-We are constructing a home at 7 Fox
Road as you had said. I am here to request a septic variance for my septic system due to
the situation we have encountered with regards to wetlands on our property. Let me give
you a brief summary of the situation we have encountered. We purchased a piece of
property at 7 Fox Road it is in a preapproved subdivision surrounded by existing homes.
We got all the necessary approvals from the Town of Queensbury to build our house
three months into the construction we were notified by the APA the Adirondack Park
Agency that we had wetlands on our property. That determination made the existing
mound system design not applicable under the new conditions. Due to the limited space
on our lot and the location of our neighbors septic system we were confined to the
northwest corner of the lot this is where we are proposing the new septic system, which
we still need the front side house and wetland setback variances from the board.
COUNCILMAN BREWER-Can I just interrupt you one second how big are the
wetlands?
MR. SEVERANCE-It is twelve thousand five hundred square feet it is about almost a
third of the lot according to where it was marked out.
COUNCILMAN BREWER-It was never flagged that is kind of weird isn't it.
SUPERVISOR STEGMy understanding was that the Town didn't have any record of the
wetland and DEC or APA somebody from APA came out and flagged its location on
your lot.
MR. SEVERANCE-Correct. When, I got notified by the APA a Field Officer I imagine
it was they were notified anonymously that there may be wetlands. He came out they
determined that there were wetlands and they marked them out that's how we started this
whole situation.
COUNCILMAN MONTESI-Is the determination of the wetlands because in essence is
standing water or is it the growth?
MR. SEVERANCE-I believe the vegetation is how they determined because it is dry.
August, September, and October we had a bulldozer all through there it wasn't sinking in
or it wasn't getting stuck, to us you could walk on it it was dry.
COUNCILMAN MONTESI-The determination for wetland is that it is not only wet, but
it is the vegetation okay.
COUNCILMAN METIVIER-I actually pulled the GIS today from Warren County and
still there is no area around there let me rephrase that there are areas around your area
that are APA wetlands, but nothing on Fox Road, Knolls Road, Oak Valley Way none of
that is delineated wetlands. So, I don't understand why all of a sudden I mean if
everything else around there has been delineated APA wetlands why in this particular
instance is it after the fact especially this is a subdivision that has been in existence for
what twenty years now.
MR. SEVERANCE-Seventy two, I believe it was first started, but there are newer houses
in the development that were built recently within the last few years.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 548
COUNCILMAN METIVIER-Right. On your side alone there are two new houses that
were just recently put up in the last three years.
MR. SEVERANCE-Correct.
COUNCILMAN MONTESI-You are pretty well along on the construction of the home.
MR. SEVERANCE-Correct, it is fully framed and enclosed. A considerable amount of
money is in the home already a very large amount of money in the home.
SUPERVISOR STEC-I see in the packet we did get a letter recently from the State
Department of Health that was granting their approvals. It is in the record, but it is a
letter from the Department of Health dated January 20th where they say, it is the opinion
of this office that the proposal has demonstrated hardship and complies with Appendix
75-A to the extent possible. Therefore we are approving the proposal with two specific
waivers and it lists the two waivers. From Mike Shaw not the Towns, but the State's
Mike Shaw it is pretty confusing you have two Mike Shaw's that run in the same circle,
but it was the Department of Health. The public hearing is opened if any members of the
public want to comment on this variance I just ask that you raise your hand one at a time
and I will call on people come to the microphone and state any concerns or issues or
comments you may have.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
SUPERVISOR STEC-Do you have anything Karen that you want to acknowledge for the
record.
DEPUTY TOWN CLERK O'BRIEN-I did receive three letters.
SUPERVISOR STEC-Who are they from and the dates on them and they are part of the
record.
DEPUTY TOWN CLERK O'BRIEN-Letter from David and Penny Kovacs letter
received February 23, 2009. Letter from John Whalen 794 State Route 149, received
February 17, 2009. Letter from Peter Lewin 12 Fox Road received February 13, 2009.
(Letters places in file)
COUNCILMAN MONTESI-Are they all neighbors?
SUPERVISOR STEC-Yeah they are.
COUNCILMAN METIVIER-Yeah they are neighbors.
SUPERVISOR STEC-Is there anyone that would like to comment before the board asks
some more questions perhaps for the applicant, board members?
COUNCILMAN BREWER-Would you have an issue or a problem buffering the mound
system?
MR. SEVERANCE-Not at all actually I had that stated in the letter I am going to put it
along the west side.
COUNCILMAN BREWER-I kind of stole Dan's thunder because him and I were talking
about it today he mentioned it to me.
SUPERVISOR STEC-We are talking about a mound system I understand it is going to be
about four feet high so it will be three foot high so you know I mean a planting around it
something arborvitae, cedar kind of thing.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 549
MR. SEVERANCE-I had put that on the site plan for the Planning Board it shows every
three feet an arborvitae.
SUPERVISOR STEC-That is the other thing, too you do after this need to go to the
Zoning Board and the Planning Board later this month.
COUNCILMAN BREWER-Why does that happen?
MR. SEVERANCE-Zoning is for area variance.
COUNCILMAN BREWER-How did you get a building permit to build the house?
MR. SEVERANCE-We didn't know the wetlands were ever there.
COUNCILMAN BREWER-Alright because of the wetlands.
MR. SEVERANCE-It is three months into construction.
COUNCILMAN BREWER-Okay, I understand.
SUPERVISOR STEC-I happened to be there, you were at the Warren County Planning
Board and they approved it as well. I wasn't there for this, but if you thought I was there
was this then I was there for this.
MR. SEVERANCE-It made me feel good Dan.
SUPERVISOR STEC-Any other questions or comments from board members?
COUNCILMAN STROUGH-With the Wisconsin Mound Design, which does seem
appropriate for this situation you are going to have your limitations such as no hot tub.
MR. SEVERANCE-Oh yes, no garbage disposal.
COUNCILMAN STROUGH-Water futures, no garbage grinder.
MR. SEVERANCE-Right.
COUNCILMAN STROUGH-Even no water treatment that is how sensitive it is.
MR. SEVERANCE-That's correct.
COUNCILMAN STROUGH-So you have had your well tested?
MR. SEVERANCE-Not yet we haven't got power to it yet. We had to stop all
construction we were starting to rough in, but we haven't got the well pump powered yet.
COUNCILMAN STROUGH-Have you had any discussions with your neighbors on the
quality of water that they get?
MR. SEVERANCE-Yes a little bit of iron I believe is what is in some of them.
COUNCILMAN STROUGH-Nothing that needs a water treatment?
MR. SEVERANCE-It doesn't necessarily need it no that is correct.
COUNCILMAN STROUGH-Because you are going to have to be careful if you want
this system to last because it is expensive.
MR. SEVERANCE-Yes, it sure is.
COUNCILMAN STROUGH-And, I know people that have had to replace it who didn't
treat them right.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 550
MR. SEVERANCE-Right that is true unfortunately we are going to have to deal with
that.
SUPERVISOR STEC-Is there any other comments from the public before I close this
public hearing, hearing none I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING RANDY SEVERANCE'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 7, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, Randy Severance filed an application for variances from provisions of
the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new
septic/ leaching system:
1. 56.12' from wetlands instead of the required 100' setback;
2. 0' from the side property line instead of the required 10' setback;
3. 0' from the front property line instead of the required 10' setback; and
4. 15' from the foundation instead of the required 20' setback;
on property located at 7 Fox 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
concerning the variance requests on Monday, February 23rd, 2009, 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 variances, the Local Board of Health determines that
the variances would 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 variances is
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 551
necessary for the reasonable use of the land and is the minimum variances
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
Randy Severance for variances from the Sewage Disposal Ordinance to install a septic
system:
1. 56.12' from wetlands instead of the required 100' setback;
2. 0' from the side property line instead of the required 10' setback;
3. 0' from the front property line instead of the required 10' setback; and
4. 15' from the foundation instead of the required 20' setback;
on property located at 7 Fox Road in the Town of Queensbury and bearing Tax Map No.:
266.1-1-20.
Duly adopted this 23rd day of February, 2009, 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 RAYMOND MADDOCKS & BRIAN
KING
RESOLUTION NO.: BOH 8, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town's
On-Site Sewage Disposal Ordinance, and
WHEREAS, Raymond Maddocks and Brian King have applied to the Local Board
of Health for variances from Chapter 136 to install a new, replacement septic system:
5. 3' from a property line instead of the required 10' setback;
6. 1' from a property line instead of the required 10' setback; and
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 552
7. 1' from a property line instead of the required 10' setback;
on property located at 23 Sign Post Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
hearing on Monday, March 9th, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider Raymond Maddocks and Brian King's sewage disposal
variance application concerning property located at 23 Sign Post Road in the Town of
Queensbury (Tax Map No.: 239.16-1-14) 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.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 9, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the
Queensbury Board of Health and moves back into the Town Board of the Town of
Queensbury.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT:None
2.0 PUBLIC HEARINGS
FIRE PROTECTION AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND BAY RIDGE
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 553
OPENED
PUBLICATION DATE: FEBRUARY 13, 2009
CHARLES MELLON, SR. PRESIDENT OF BAY RIDGE FIRE DEPARTMENT
AND JACK PERNA, TREASURER OF BAY RIDGE FIRE DEPARTMENT
PRESENT
SUPERVISOR STEC-This is for a one year contract with Bay Ridge for a total of
$397,000 that is their grand total, which represents a 2.19 percent increase over the total
from the 2008 contract, again it is a one year contract. I will declare of the public open if
there are any members of the public that would like to comment on this public hearing
just raise your hand.
MR. MELLON-I think as everybody knows we have tried to hold the line just like
everybody else in the area has done. I think our contract reflects that even though we
have had pretty good increases we have had to just pull back on some things that we have
had, too. One thing I would just like to find out or ask I know you have tried to keep the
contracts the same for the most part. As far as contract goes we understand North
Queensbury they are up for a three year contract is that correct?
SUPERVISOR STEC-They did ask for a three year contract that is what we will be
talking about.
MR. MELLON-In the past we have asked we said one year contracts were it, we just
wondered I don't know how that went down. We would just like to have had the
opportunity just to submit a three year contract to negotiate with the board.
SUPERVISOR STEC-We can certainly do it the next time. The way it went down they
offered we didn't shop it, but of all of them they actually said we would like you to
consider you they presented numbers that were very flat.
COUNCILMAN STROUGH-If they wanted to offer a three year contract we could
always amend theirs.
SUPERVISOR STEC-I was going to say we can come back in the future and set a new
public hearing we can open your contract at any time by mutual agreement. It is not to
say that we have to wait until the end of the year we could do that later on.
COUNCILMAN BREWER-We could do the one year now and then....
MR. MELLON-The one year is really time consuming I think everybody knows that.
They used to be two years, well three at one time, but two years worked pretty good it
just saves a lot of time for us we have a lot of things that we have to do, too so we wanted
to ask that question.
SUPERVISOR STEC-We are not opposed to that at all no one asked no one offered.
COUNCILMAN BREWER-If we adopt this tonight you could start working on a two
year plan and we can always set another public hearing and extend it two more years.
SUPERVISOR STEC-It is very possible they are not opposed to that it is a little late to
do it tonight we would like to get you, your contract.
COUNCILMAN MONTESI-Chuck just as a question I know your company suffered a
really bad accident this year with that oil spill you have done a lot of good things to try
and compensate for that. I know you are still involved in the legal part is there any
movement on that lawsuit?
MR. MELLON-We have movement and its in a positive way I feel I think probably in
the near future we will let you know what's happening there hopefully things are on the
upswing now.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 554
SUPERVISOR STEC-Along those lines I think it would be unfair to not point out to the
public that the 2.19 percent increase that we are talking about for 2009 over 2008's total
factors in the debts service on the loan that we as a board let you take out for mitigating
that until this hopefully gets resolved favorably. In order to meet that financial obligation
that you now have for the oil spill cleanup until that gets resolved and turn in a grand
total just under 2.2 percent that means that you had to tighten the belt in other locations
so I want to publicly recognize that this budget reflects that and I take my hat off to you
in doing that. I guess, what I am saying is there are always other uses that you forewent
something else that you could have done. If that wasn't in this budget your budget would
be probably smaller than it was. I think that the public needs to know that you were able
to find a way to cut somewhere else to factor in the burden of this thing hopefully it gets
resolved favorably for you with the insurance companies and the courts. I want to thank
you for that and I wanted the public to know that yeah it is a two percent increase, but it
is a two percent increase factoring in something that you didn't plan for, but yet you have
to pay for.
MR. MELLON-We we had to cut back basically for a while basically the biggest thing is
fire equipment right now, but hopefully we will be able to make some of that up. That
was one of the questions I had as far as the two year contract maybe we could work
something on that I don't know so this is basically what I wanted to say.
MR. PERNA-The only other issue was I wanted to thank you guys for at least looking
into maybe allowing us to get some uniforms or at least take care of uniforms in this
year's budget. I know that you decided against this year, but we look at it every year
hopefully maybe next year we could see if we could put that verbiage in to help us out a
little bit maybe... some of those costs.
SUPERVISOR STEC-Maybe, yeah.
COUNCILMAN BREWER-Maybe.
SUPERVISOR STEC-Thank you both any other comment on Bay Ridge's public hearing
for their contract. I will close this public hearing and entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT
BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE
VOLUNTEER FH2E COMPANY, INC. FOR 2009
RESOLUTION NO.: 64, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, fire protection services are provided to the Town of Queensbury by the
Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury
Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West
Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire
Company and the Town, and
WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated
terms for a new one (1) year Agreement for fire protection services, and
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 555
WHEREAS, in accordance with Town Law § 184 and General Municipal Law
§209(b), the Town Board conducted a public hearing on Monday, February 23rd, 2009 and
heard all interested persons concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
Bay Ridge Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and the Town Supervisor and/or Budget Officer to take such other
and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES :None
ABSENT: None
PUBLIC HEARING -FIRE PROTECTION SERVICE AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FH2E
COMPANY, INC FOR 2009-2011
OPENED
PUBLICATION DATE: FEBRUARY 13, 2009
SUPERVISOR STEC-Again as was just alluded to North Queensbury's leadership when
they met with I think it was Tony Metivier and myself a few weeks ago they suggested a
three year contract. It is structured similarly as in years past, which will comfort some
and perhaps not comfort others referring to the fact that they worked out just about
completely debt free anticipating a future vehicle purchase. We always struggle with that
relationship between no debt and trying to keep their debt down. We received I think
there was confusion in the last audit as where it was all used maybe other would use a
different word. As far as how that was represented in their contracts in fact I think it was
a question that came up by the Town's Auditor that went in. Unfortunately I think it
caused the fire company to pull some of their hair out because certainly they thought that
they were doing the right thing, but the right language wasn't in there and it was
confusing the auditor. This year we have gone back to calling this funding it will read in
Exhibit A, Restrictive Vehicle/Capital Improvement/Future Vehicle Debt. The idea here
and those are my words I picked them, but the idea here is that right now the money that
is in this restricted account can only be used with Town Board approval in the future.
Right now it is restricted, but it could be used in the future if for example they know that
in the next year or two they are going to need some significant roof worked done that will
total in the several tens of thousand of dollars. In the near future they are hoping to come
back to the Town Board and have the Town Board consider a vehicle purchase. If we do
that they would like to have as low a debt load as possible, which I think is
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 556
understandable and likely in the taxpayer's interest. With that said, it would be a
restricted vehicle account until that time that we actually let them use it for a vehicle in
which case it would transfer over to a down payment and future vehicle debt that is why
that line in there Exhibit A is titled that way. In the Summary the 2008 Budget that they
just operated under was a total of $328,000. For 2009, 2010, and 2011 the total will be
$327,000 so it will go down a thousand dollars. In 2010 it will $329,100 then in 2011 it
would be $329,500. In a three year period it will change about $2,500 total basically
hovering around where it currently is, which is why when they suggested we consider a
three year deal that basically turned in a flat budget that looked fairly attractive to us. In
any event the total would be $327,000 for this year, $329,100 next year, and $329, 500
the year after that for a three year budget. In addition to that in a similar way to West
Glens Falls Fire who we conducted that public hearing at our last Regular Town Board
Meeting and have a resolution on tonight's agenda for the board's consideration this
evening North Queensbury Fire last year created, I will apologize in advance because I
will probably refer to it several times as an Association, but I think they are calling it a
Service Corporation. In any event what it is the similarity between it and West is that it
is another second non-profit corporation that they have created. They have transferred
some funds that were accounted for separately previously in their previous structure and
they wanted to move the fund raising money essentially and the donated money out of the
company and into this service corporation, Bob feel free to jump in if I misspeak. In any
event they have a similar situation in that they are now have a sister non profit
organization that has been created there is where there is some similarities with West.
As, I think Jack or Chuck mentioned just a minute ago we do strive as much as possible
especially in the language to keep them as consistent as we can. Now, granted Bay Ridge
and Central, and South haven't yet gone the route of creating this second entity so right
now as far as language goes on this issue the board has struggled with trying to develop
contract language that addresses the Town's concerns in this new relationship that we
have with the company that has a sister organization. There is additional language in
both the west Contract and the North Queensbury Contract that we are having the public
hearing on tonight that I think it is fair to say its been worked on right up until just a few
hours ago. I think that probably both of those companies will say I think it is fair for me
to say that both companies are still not fully satisfied or still have concerns with the
Town's proposed language. We have scheduled a public hearing I do want to conduct the
public hearing take comment and we will see where we land there as far as what direction
the board may or may decide to take tonight.
COUNCILMAN MONTESI-Dan can I ask a question just so the public knows the three
year budget is pretty flat, but in all fairness to all parties there is mortgage payment that
doesn't exist anymore in North Queensbury and we are allowing those dollars to be put
towards the truck fund.
SUPERVISOR STEGRight.
COUNCILMAN MONTESI-You don't like to refer to it as a truck fund, but that's what
it is.
SUPERVISOR STEGIt is a restricted vehicle account or debt which makes it easy for
them for a financial perspective because you have that surge volume if you will if you
will allow an engineering reference that the mortgage payment going away allows them
to use either some or all of that for vehicle fund or to control their operations, which is
detailed in the Schedule A. The mortgage going away gives them a lot more flexibility to
be able to offer to the Town consideration for a three year not to say it still is not a good
thing, but it is easier to do.
COUNCILMAN MONTESI-Dan the only question that I have and just to clarify it is that
West Glens Falls and North Queensbury may not be satisfied with what we like to see in
terms of how this association account is handled and how it is accounted for neither does
the Town Board or this Town Board member. We are going to have to sit down and come
to some kind of an agreement on that. I am not sure that I am prepared tonight to vote on
this because I think we need some controls here, but I think it is worthy of working with
North Queensbury and West Glens Falls to say here is what we would like tell us what
you don't like we have to come to some kind of an agreement.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 557
SUPERVISOR STEC-Again, I want to let the public talk, but I want to make sure that we
are putting out as much relevant and factual information as possible for everyone that is
concerned that maybe here tonight or watching at home. Not to pick on any party, but
again there are two that did relatively similar things. The West Glens Falls theirs was
primarily a real estate transfer that I would say it is fair to say it was complicated or
exotic at least to get your hands around the first time, but I think we have a generally
understanding of what they did. In the last round of contracts all the companies'
contracts there was nothing in the contracts that prohibited a sale of real estate. There
were all kinds of prohibitions in there about sale of apparatuses, purchase of apparatuses,
taking on of new debt, the use of restricted vehicle account, but there was nothing in there
that wasn't apparently foreseen by this or many Town Boards before us that it would ever
be an issue. The company did that as they set up this structure with this second entity so
that's the one that you got a good portion of the language changes. North Queensbury's I
think is different in the sense that it is primarily a financial transaction that has occurred
one transaction that's occurred whereas, I think West is going to have a close relationship
back and forth between its association and the company going forward in the years in the
terms of a mortgage and a lease. Be that as it may we try to put in additional restrictions
in the new contracts that prohibit in addition to the other things before the sale of the real
estate from either entity so that way the public can feel confident that hey, these large
capital projects or purchase we have taken on over the years either as a Town in
partnership with the company or the company by itself. The assets that are in place for
fire protection will continue to be there going forward and they will be protected and they
can't be transferred without the Town's consent in the future. Which, I think put the
Town in a safer position going forward then it had previously been. With that said,
though, there was some discussion amongst two board members that had an additional
idea or additional concern to consider that I think is also a very reasonable concern for
them to have and that is the Audit or the Financial Reporting, knowledge of the operation
that the Town will have of this other entity. I think that is a subject for some debate as
Ron mentioned that we may not have an agreement with them tonight we may need to
continue to visit this. Certainly there is a concern that we want to have an idea of the
total financial picture of the company as we are making decisions as to have to fund and
finance the companies and their purchases with taxpayer money going forward.
COUNCILMAN MONTESI-I think the public should know too, that the money we are
talking about in North Queensbury in essence was through the years fund raising and
donations and stuff that was left in a will where they were benefiting the fire companies.
There was a fund of money that was there and making it a separate entity certainly taking
it out of the checking account for the fire department makes for a little cleaner operation
in terms of not mixing the money so we don't have problem with that. I guess my only
problem is that I would like to see yearly how that money is growing and how you are
spending it so we can discuss that.
COUNCILMAN BREWER-In that vein Ron I understand exactly what you are saying I
have no issue with fund raising money and money that the company goes out and earns or
whatever, however, they get it. How did we maybe Barb would know how did we
previously keep track of that in their audit did they just put a line with donations or etc.?
BUDGET OFFICER, TIERNEY-The auditors would go and look at the books of the fire
company.
COUNCILMAN BREWER-It was just as simple as that.
BUDGET OFFICER, TIERNEY-There were just two halves, top contract money and
other money.
SUPERVISOR STEC-So anyways, I wanted to try to explain as best as we can a
complicated situation two companies moving parallel with similar, but not identical
things going on how the Town Board is trying to react to all of this because we want to
make sure that there are adequate controls. I think that the draft contracts that we have
provide adequate controls I think that some of the companies and I don't want to put
words in anyone's mouth maybe saying that it is too much control. I guess that's what
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 558
we need to hear and hash out and then make sure that the public is aware of before we
agree to whatever we may agree with. With that said let me open this public hearing and
take any public comment on the North Queensbury Proposed Contract Public Hearing
tonight from anybody.
PUBLIC HEARING OPENED
JOHN SALVADOR-As, I understand from your comments Mr. Stec the contract that is
before us tonight has been recently changed.
SUPERVISOR STEC-The contract before us hasn't been changed in well over a week.
MR. SALVADOR-I did obtain a copy of the contract that was available on the resolution
you adopted two weeks ago setting the public hearing.
SUPERVISOR STEC-I think it has changed since then.
TOWN COUNSEL, HAFNER-It has not changed as to money legally that's a relevant
point the cash numbers have stayed the same and that's what the public hearing has to be
about.
SUPERVISOR STEC-And we covered that two weeks ago.
MR. SALVADOR-But, it is the contract terms are extremely important.
SUPERVISOR STEC-Yes.
MR. SALVADOR-That's the reason I am here to comment. So, I would suggest tonight
as Mr. Montesi suggested that you not approve this budget that you keep the public
hearing opened and finalize what you are going to have and present it to the public so that
we can intelligently comment on it.
SUPERVISOR STEC-We may very well do that, yes. We advertised it I knew that there
would be people here that would want to comment.
MR. SALVADOR-And, I would like to comment.
SUPERVISOR STEC-Absolutely.
MR. SALVADOR-I think the point should be made that the real concerns that you should
have is how these monies are spent not how they are raised. It is not important where
they get the money from it could fall out of heaven it is important how they spend it.
This goes to the way they are organized they are organized in this State as anot-for-profit
corporation under the New York State Not-for-Profit Corporation Law. One of the
conditions of qualifying for a New York State Not-for-Profit Corporation is that you
qualify as a tax exempt organization under the IRS Code 5013C that is only one of the
conditions that New York State says you must conform; two other conditions are the
following; Specifically the business activity regulated as of New York State Not-for-
Profit Corporation is that of a Type B Corporation it is anon-business corporation. All
the others can conduct business A, C, and D are business type corporations, but the B is a
non-business corporation specifically for fire companies and fire districts. All funds
regardless of the source maybe used only for non business educational and exclusively
charitable purposes that is the New York State requirement. No part of the net earnings
of a not for profit corporation shall...to the benefit of or be distributed to any member,
trustee, director or officer of the corporation except by statute. As an IRS tax exempt
corporation under Section SO1C3 the fire company is not allowed to carry on propaganda
activities or attempt to influence legislation nor participate in any political campaign.
Now, you know what we had up here in North Queensbury a couple years ago with the
effort to bring about a fire district between propaganda and influencing this board to
support the creation of a fire district. Type B not for profits can not conduct their affairs
for pecuniary profit or financial gain. Type B not for profit corporations are suppose to
be more carefully regulated than Type A, C, or D because of the public benefit purpose
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 559
and public funding. As, I say this is the most important thing is how the money is used
that is what we should concern ourselves with. Now one of the big problems everyone is
having with sorting this out is the co-mingling of funds there is no question these fire
companies should have separate accounts all of them auditable. They should have
separate accounts how they raise the money and account for it accordingly. The co-
mingling of funds makes it extremely complex.
COUNCILMAN BREWER-Isn't that the question that I just asked a minute ago John.
MR. SALVADOR-Pardon me.
COUNCILMAN BREWER-That's the question I asked just a minute ago they do that.
They do have one line in their budget as far as fund raising or call it what you will and
they have another section in their budget as far as Town funds so they do that.
MR. SALVADOR-It is not a separate accounting okay. Money that has to be spent has
to come out of a cash account and those accounts should be separate. Whether it is
foreign fire tax money, money they raise from... .
COUNCILMAN BREWER-It is accounted for though in a manner that is acceptable to
our auditors I guess that is what I am trying to say.
MR. SALVADOR-I can tell you something I read your audit reports and the auditor is
trying to tell you things that are not right.
SUPERVISOR STEC-If our auditor was trying to tell us something I am sure they would
have told us something. Let me ask you this John to just move this along, but I want to
try to get a little bit of closure on the point that I think you are trying to make. You have
written several letters on this subject in the last several months you have copied everyone
under the sun including the local State Comptroller's Office. You have gotten some
replies from me not to every letter, but in general from time to time as necessary copying
the same distribution list. In addition to that we have also asked the State Comptroller's
Office hey, we are an open book here if you have any concerns by all means let us know.
I haven't heard anything from the Comptroller's Office, Barb hasn't heard anything from
the Comptroller's Office; my question to you is have you heard anything from the
Comptroller's Office in answer to any of your letters? You lay out all these concerns to
them and if there was a concern that's what they get paid to do.
MR. SALVADOR-Please understand I can copy a letter to the Comptroller's Office I
have no standing to ask the Comptroller for an opinion.
SUPERVISOR STEC-We have invited the Comptroller to let us know if they think that
we are doing something wrong.
MR. SALVADOR-Understand, I have no standing. In this budget I hope that it remains
the same.
SUPERVISOR STEC-The budget has not changed since the public hearing the numbers
on the budget John.
MR. SALVADOR-Attached is Exhibit A it shows the three yearly budgets. By the way I
just cannot understand in these economic times where we don't know what is going to
happen to the value of the dollar the purchasing power of the dollar next month yet alone
three years from now that somebody would be interested in locking in at a fix rate a
contract three years from now it might cost us twenty bucks for a loaf of bread in three
years.
SUPERVISOR STEC-If that's the case these terms would be favorable to the Town.
COUNCILMAN METIVIER-I was just going to say this is a good deal.
SUPERVISOR STEC-That is the fire company's risk.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 560
MR. SALVADOR-That's why I can't understand why they would take that risk. The
other thing this contract is the one I read did not have any provision in it for the
anticipation of the formation of a fire district is that not something they are planning on
pursing in the future?
SUPERVISOR STEC-I am sure they are still interested in it, but it is not in the contract
anywhere correct.
MR. SALVADOR-One other thing that is going on now in North Queensbury is we are
still circulating petitions for a formation of a Village. In that case you should know it is
going to be the responsibility of the Village Officials if it ever comes about to purchase
fire protection services. The fire company elected when we were drawing the boundaries
of the village that the firehouse and the property on which the firehouse sits are not
included within the village boundaries. The reason why they prefer this was that
apparently something in village law says that if you a member of the village fire company
you have to be a resident within the village district or something like that I am not really
sure of the details, but it was their choice not to be within the village boundaries. Of
course the village will be forced to purchase fire protection services.
COUNCILMAN MONTESI-The newly established village.
MR. SALVADOR-If it comes about. You can be sure the Village Fathers who ever they
are will be seeking to find the best deal they can in Town for fire protection. There is no
assurance that we would be locked in to this fire company there is another fire company
within the village boundaries that is the Pilot Knob Fire Company maybe the fire
protection services will be purchased from that company alone there is a lot going on.
With regard to the budget I am glad to see there has been some work on this contract,
which is a vast improvement over the past. They do break down their cost and they show
an item called Operations.
SUPERVISOR STEC-Actually let me take the bullet for that one John because you
brought this up two weeks ago I didn't correct you because I didn't think it was material,
but you are focusing on it I want to do that. That is something that because you define
some accounting terms and what not. This is really more a self tracking thing for I would
like to think the board, but mostly me as I do my own preparations. You are right
insurance could easily be part of operations these are categories that I created. Basically I
am looking to get an idea around variable cost verses fix cost. The fire fighters that are
here tonight that have sat down and negotiated contracts with me over the last five years
they have all heard this before, but I will say it again. It is important that people
understand their debt is their debt the Town has to approve their debt. We don't co-sign
we don't share the responsibility, but their contracts read they have to get our approval to
take on debt. With that said we know what the debt is it is predictable we know when it
is going to end so it is not going to change so I look at it as a fixed cost we pull that out.
Insurance it is a big chunk of money they all have it we kind of pull it out separately.
Basically operations the way that I was looking at it and the way that I asked the fire
companies to look at it pretty much everything else that could be variable it could
fluctuate with call volume, power consumption those sorts of things those are the things
that if you are looking at an inflationary adjustment I want the inflationary adjustment as
you would to be on the smaller on the part not on the whole why would you put inflation
on top of debt, debt is debt. That is a category that I created not the fire company not any
of the fire companies that really is our own internal don't read too much more meaning
into it they certainly didn't use it, it is my term not theirs.
MR. SALVADOR-But you are to be complimented for it.
SUPERVISOR STEC-Thank you John it is nice to hear.
MR. SALVADOR-In any case you have this category you have established this category
called operations. The contract is written such that certain items of expenditures that are
in the Audit Report and look like they could be called operations should be excluded and
that's by contract. For instance banquets and parties are not allowed to be an operation
expense that is something separate another account they should have. Contributions
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 561
specifically prohibited to that we pay for the cost of fund raising that's in your contract.
Depreciation it is a non cost cash cost item I know it has to come in someplace to be used
as an expenditure I understand the accounting, but not as a cash cost. Good and Welfare
I have no idea what that is it doesn't sound like an operating expense. There is
Miscellaneous Refreshments it is getting out of hand refreshments in the thousands and
thousands of dollars and advertising. What, I did is I took the three years of Loftus Ross
Audit Statement their operating statement. I picked out of that the category of items that I
feel are justifiable operating expenses. These include communication equipment, fire
service award, turn out gear and uniform, marine expenses, physicals, bank charges,
office supplies, professional fees, repairs to the building, equipment, repairs, small tools,
telephone, utilities and vehicle expenses those sound like all operating expenses. I kind
of looked at the three year trend of what that looked like there were some things that kind
of stood out that need to be looked at, but I made adjustments accordingly. One of them
is turn out gear and uniforms we are obligated to pay for turn out gear, but not uniforms
that looks like that number includes both again separate accounts. The other one is
professional fees bounced around like you can't believe I gather that the twenty six
thousand they spend on Behan Communications was originally in this category. Building
Repairs, building repairs are just incredible forty, fifty, thousand dollars a year to repair a
building that should be pretty maintenance free. In any case I totaled those up and I got
something in the order of ninety thousand dollars for those justifiable operating expenses
that compares with the two hundred and one thousand that is in this list here. I really
think you need a breakdown of this operating cost to see what's in there how can you
control if you don't know what's in there. It is too much money in one category without
definition I think that should be sorted out for us to see. After all they report to your
auditor these items as light and heat, bank charges, physicals, and all that, I think it
should be on the table. I don't have much more to say tonight, but I would encourage
you to take another look at this contract the three year aspect of it makes no sense at all
makes absolutely no sense at all especially when you look at the magnitude of the
numbers. Also they have for instance you look in the year 2009 this year and they
forecast the restricted vehicle capital improvement and future debt a hundred and two
thousand dollars. Yet next year there is no debt service don't they intend to spend this
money this year?
SUPERVISOR STEC-No that is what I tried to explain earlier they want to fund this
restricted account and then either 2009 or 2010 they are going to want to replace a roof
that upwards of a hundred and something thousand. Like the restricted vehicle funds of
old if they get approval in the next three years to buy a vehicle from the Town Board to
buy a new piece of apparatus there is likelihood that you are talking about something in
the half million dollar ballpark that is why they are asking for it to be funded. Their hope
is instead of having to finance a half a million dollars they are financing half that, which
if your in a position to do that because you are debt free that's great that is good
management.
MR. SALVADOR-Why doesn't the Town keep these funds in a reserve?
SUPERVISOR STEC-Again we have looked to that general question before and these are
non profits that we contract for service for there are certain things we can and can't do as
far as how much money we can hold. Maybe we can if we could do that it will require an
increase in the fire tax.
MR. SALVADOR-This is what happens let's say you do this for each fire company they
have their own reserve fire company A comes along and needs a half a million dollar
piece of equipment, but they only have two hundred thousand dollars in reserve so, what
we have to do is purchase that and finance the difference. We have sitting in accounts
over here and the other four fire companies we have money in reserve certainly the
interest we are going to pay on that debt is going to be greater than the interest income we
are going to have on the reserves that are socked away.
SUPERVISOR STEC-Which, is precisely why when I became Town Supervisor I
advocated for the or at least the ceasing of funding the restricted vehicle funds because
you are putting money into a savings account earning two or three percent and they were
interest on building and apparatuses at six, seven, eight, nine, ten percent in some cases
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 562
that didn't make any sense pay off the high debt first. In fact, there was a contract year
where the contract read exactly that we are giving you x dollars; I can't remember what
the number was thirty five or forty thousand dollars to pay down whatever your highest
debt was. It made no sense why put it away at two percent if you are paying on seven or
eight percent.
MR. SALVADOR-Good why are you reversing your thinking here?
SUPERVISOR STEC-Because North Queensbury is debt free now they are the only
company that is debt free.
COUNCILMAN BREWER-What he is saying it doesn't change the protocol.
SUPERVISOR STEC-So what.
COUNCILMAN BREWER-What difference does it make.
MR. SALVADOR-In any case you have asked them in the contract for a five year capital
expenditure you should know where this money is going to go and when.
SUPERVISOR STEC-That is the request and then, of course, there is the reality of the
Town Board are we going to let them we are waiting for a fire study that is going to give
us hopefully some good guidance as to future apparatus purchases and then you have the
economy and what we think the taxpayer will bear. If you have five fire companies out
there making these decisions independent of each other and the Town and the taxpayer I
mean sooner or later the clearing house is the Town Board for making those decisions.
We want to know for our planning purposes what is coming down the pike, but we
certainly aren't obligated we have not committed ourselves to their schedule that they
provide us annually as much as may like us, to. That has been their understanding all the
fire companies understand that it is a planning tool, but we are not obligated to that. It is
literally, well you know what you would like to replace this vehicle, but there are two
other companies that are also likening to replace a vehicle the same year we are not going
to buy three vehicles in one year that is when we kind of sort it out much to the
frustration of whatever two fire companies don't get the vehicle that year. We are trying
to do that it is very difficult juggling match with five fire companies.
MR. SALVADOR-Just one more thing please whatever you do all of these monies
should be in separate accounts they should all be audited by the Town you know what is
where and the control is on how they spend it not how they raise it.
COUNCILMAN MONTESI-That is the direction we are going.
SUPERVISOR STEC-That is the direction we are heading in.
MR. SALVADOR-Thank you.
SUPERVISOR STEC-Thank you. Is there anyone else that would like to comment on
this public hearing I thought I saw Mr. Reinbach he had his hand up before. You and I
talked today we have been talking off and on through surrogates for the last couple
weeks. The last twenty minutes fair discussion as to where you think that we think things
are?
ATTORNEY REINBACH-Very fair, yes sir. Brian Reinbach on behalf of North
Queensbury Volunteer Fire Company. Mr. Supervisor and Gentlemen of the Town Board
I would just like to make a brief prepared statement that we have put together. As you
know the North Queensbury Volunteer Fire Company has been serving North
Queensbury probably and effectively for over sixty years. We would like the opportunity
to continue to be able to do that for at least sixty more and the three years in the contract
is a start on that. Over the last fifteen years as you may know the average budget growth
for North Queensbury Volunteer Fire Company has been only about one percent per year
it has been relatively flat. Last years budget as you know was three hundred and twenty
eight thousand and we have agreed to again a relatively flat growth pattern in the next
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 563
three years budgets three twenty seven this year and then over the next two years an
average of twelve hundred fifty dollars per year. We have paid off all the debt we have
created a truck fund to obviate the need as you just discussed with Mr. Salvador, Mr.
Supervisor for borrowing for the new truck. We plan to retire two trucks and replace
them with one a twenty four year old truck and a twenty two year old truck those are old
trucks even though they do last a lot longer than a car does that is still very old equipment
and we want to replace those two trucks with one. Additionally a few years ago the
company spent over ten thousand dollars of donated non tax, non Town money to help
feed and support their neighbors who were hurting and in need due to a major winter
storm disaster that's the kind of thing North Queensbury Volunteer Fire Company does
with those donated non Town funds. There has been some discussion here about
banquets and fees and things of that nature a lot of that money goes to help our neighbors
in need and will continue to do so. In all North Queensbury Volunteer Fire Company is a
paragon of fiscal integrity. We don't steal any money nobody in our department does we
never have we never will. We received some proposed changes to the proposed contract
that had not been approved I don't believe by you as a board and because we are a
volunteer organization it is rather difficult on short notice to get our Board of Directors
together especially when we are talking about two Board of Directors for two separate
legal corporations. We want to agree to the contract we are fine with the numbers we
agree with all those numbers and the way they are structured we do not agree with the
language as presented in those modifications. We would like an opportunity in the
coming days to discuss with you gentlemen those propose changes and come to language,
which will legitimately address your concerns and yet which will preserve the integrity of
the North Queensbury Volunteer Firefighter Service Corporation a separate legal entity.
I am not authorized to enter into any agreements tonight I would say a heck of a lot more
than that, but if you have questions I would do my best to answer them. Thank you.
SUPERVISOR STEC-Thank you, Brian. Before the board jumps in since I see there are
several members from West Fire here as well I did talked to their President late this
afternoon you are right with the holiday schedule last week for schools there are a lot of
us in the room were anywhere except for in Queensbury working on this. I know that it
was difficult although I think we made a little bit of progress at least in understanding
where each of us is coming from, but because West is here as well and as I alluded to
earlier that although each side may say well we are not the same and they are not the
same, but there are enough similarities between the two and I am also aware of that there
has been at least some sort of communication between the two fire companies to want to
make sure that they stay on the same page. We do see a value in keeping the language
for North's contract as it pertains to this new association or Service Corporation as
similar as possible to what we are going to end up agreeing to ultimately and asking west
to do. I think that yes there are two relationships that the fire companies have, but their
associations may be different as compared to one another. The Town's interest are going
to remain the same that we are concerned about what the picture looks like to the
taxpayer and so it is quite possible that whatever arrangement we land on for North and
whatever our audit requirements will or won't be for this other entity we are going to
want to carry them forward as well to West. I think that there is a fairness there I
wouldn't want to ask West to sign something that is much more stringent that I turn
around and ask North to sign as it pertains to contract language to me there is a certain
amount of fairness there and I think everyone knows that, but I wanted to put that out for
everyone to hear because I know there will a lot of members that are hearing this Bay
Ridge is here as well they are not directly involved in this discussion on associations.
The fire companies work exceptionally well together with each other on a fire scene I
have been there I have seen that. I have been at the dump when it was burning two
o'clock in the morning and I have seen these guys work their tails off. I know where
some of the money that people question how can you spend thousands of dollars on
refreshments. I don't know for a fact how North accounted for it, but I do remember that
North asked the Town for ten thousand dollars to cover all the sandwiches and cooking
that they and their auxiliary did for all the residents during an ice storm I imagine that
somehow came out of their operating funds so I know how well they work operationally
together. They are also very, very good at not wanting to embarrass one another
publically. After ten years of doing what I do it is real easy for people to want to
embarrass people when they get a chance to I think it is a testimony to the
professionalism of the five fire companies and the three rescue squads that they don't do
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 564
that publically. Privately, I can tell you that every one of these companies is very
concerned with how each others contract language is worked out and how the money is
working out. I think reasonably so because they expect and they deserve fairness in
treatment from the Town Board I don't, anybody would dispute that. Central's budget
should be the largest because Central is running a lot more calls than everybody else so I
think everyone understands that nor do they want it to get out of hand. I think that the
companies are good at saying, hey there is going to be a relative size budget comparison
when it comes to contract language and how we treat them as trivial a matter as perhaps
dress uniforms should they or shouldn't they be allowed as part of the fire contract.
Question might be and on a case by case basis an individual company it might not be a
significant amount, but if you are going to say yes to one you better had said yes to
everybody else already. We already have one that went out the door South Queensbury's
was the first one approved several weeks ago. We're in a position where we have
hundreds of men and women in five different companies that are all working for free for
the taxpayer to provide a very important service under miserable conditions. I mean
there are a lot of other wonderful organizations, but it is one thing to say I am going to
deliver something every Thursday afternoon to somebody that needs it and I'm going to
jump out of bed no matter what the time of day is no matter what my personal schedule
is, how I feel, and I am going to go in the middle of the night in a very dark place and
very cold and do something that could be very dangerous to me so we respect what they
do. The five of us ultimately have to make sure that we are keeping of peace with the
five of them and as much as we can help them give peace with each other. Like, I said
they are able to set all that aside operationally and they are very professional about it
publically, but I know I feel a pressure to make sure that there is fairness between West,
North, and Central, and Bay Ridge, and South. Whatever we are going to agree to do
with North's contract language North needs to understand and if you wouldn't mind
bringing that back to them I have talked to several of them already I think they
understand. I think it is worthwhile for everyone to understand that we all five of us and
the five before us, and the five before that whether we agreed with each other on a lot of
other matters or not the one thing that I think that the Town Board's have always been
pretty consistent about is that we are sensitive to how we treat these five fire companies
as it pertains to the fairness in their contract not only one on one, but what we do for one
verses the other. Whatever we are going to want to do for West we are going to want to
do something darn similar for North in this matter. That might be more to West's
advantage than it is to North's advantage or vice a versa, but we are going to try to be
consistent I think there is a lot of fairness in consistency.
ATTORNEY REINBACH-Thank you if I may respond to that briefly. I would add that
getting up at two a.m. and whatever kind of weather with always a chance that you may
not come back.
SUPERVISOR STEC-Yes, absolutely.
ATTORNEY REINBACH-To reiterate again Mr. Supervisor we are not seeking any
secrecy or anything less than full transparency real full transparency not the kind we
heard about before with the Town and taxpayer funds. They are absolutely one hundred
percent fire company property and we only intend that those be spent on the absolutely
proper purposes on the budget. What we are talking about with the Service Corporation is
donated non tax, non taxpayer, non Town funds that is what we are talking about just to
be clear.
COUNCILMAN MONTESI-Let me ask you a question before we get into a long
discussion on negotiations. As, a representative representing the fire company do you
feel that there is a workable agreement we feel strongly, I guess you are getting the
feeling that some kind of an audit should exist on the Service Organization is that
something that is going to be very hard to swallow am I getting that from you by the fire
company?
ATTORNEY REINBACH-It is.
COUNCILMAN BREWER-Why is that if I might ask.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 565
COUNCILMAN MONTESI-Why do we have to sit down and talk about it then?
ATTORNEY REINBACH-Because hard to swallow doesn't mean impossible with all do
respect people rarely finish negotiations in the same position they started at.
COUNCILMAN STROUGH-Also let's not confuse the issues. All of us in here and the
community at large deeply appreciate and respect the efforts of the volunteers of not only
North, but the other five companies, too. I mean it is not paid they have to drop their kids
and answer a call. They have to stop mowing the lawn answer a call. In the middle of the
night or whatever it might be we know the sacrifice they go through and we all appreciate
that, but that is not what we are talking about. What we are talking about and you
mentioned sixty year history we are talking about a company that has had a contract and
its finances have all been within that contract. What is new and hasn't happened in the
previous sixty years is they have cut out an asset that has been under the purview of this
Town Board and it has been auditable by this Town Board and put it a separate entity
now is that okay it just might be, but we don't know at this point because it is new. Was
that asset that was brought from this entity to this entity was that something that we
should have control over that is not a question that has been answered yet. Where is the
verification that the asset belongs over here or could belong over here we have had no
verification of that. You mentioned X number of dollars how do we know X number of
dollars belongs over in the separate entity.
COUNCILMAN MONTESI-Yeah, it wasn't taxpayer's dollars.
COUNCILMAN STROUGH-The other thing is too, just like the firefighters and like
yourself you pride yourself in dotting your I's and crossing your T's so does this board.
We have the public's interest at heart here and we have to make sure that it is protected.
Everything might be okay in the end when the State Comptroller's say's gees it is okay
for them to have that and you don't need to verify those assets that are thrown over into
that other entity well great if that's what the State Comptrollers Office says, but we have
to wait. We are bringing this to the State Comptrollers Office not because we think you
did anything wrong just because we are covering the community's interest in protecting
that we are doing our job. The contract that we have here does protect the community's
interest and allows this separate entity to exist for now until it gets reviewed by the State
Comptrollers Office so there is nothing wrong for that let's not confuse the two issues.
We do appreciate every effort these volunteers make this is a separate issue all together.
ATTORNEY REINBACH-Understood. Councilman Strough if I gave the impression
that we were somehow resentful or frustrated with the fact that the board is doing their
job then I have misrepresented the facts and I apologize for that we are not in any way.
We appreciate that you have a job to do to the taxpayers of this Town we appreciate that
you will do that job to the best of your ability we would expect nothing less. We are
asking for the opportunity to assist you and to continue that process to make sure it is
accomplished thoroughly completely and satisfactorily. We would like to sit down go
through all those questions that you have and answer your questions. We are confident
that the State Comptrollers Office now that you've said it will be reviewed by them will
come down on the side of what we represented what we have said and what our position
is. We are also confident that once we get a chance to discuss the merits of this matter
with you, you will agree with us at least to some extent that what we are doing is proper
and appropriate. We welcome the opportunity we are requesting the opportunity to make
sure that your questions are answered and that this process is complete and satisfactory to
both parties.
COUNCILMAN BREWER-For one, I am all for it. I would just soon sit down with all
the board members involved and let's get all the questions out on the table and get the
answers out and settled it once and for all.
SUPERVISOR STEC-What I was going to suggest we will take whatever public
comment there might be and I am going to suggest that we keep the public hearing open.
Sometime between now and the next time that this shows up on an agenda for a
conclusion of the public hearing hopefully we will have that opportunity. We probably
are not likely at all to get an answer from the State Comptrollers Office in the next few
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 566
weeks that is a month process we know that. I think we weren't necessarily looking to
hold this process up until we get that answer, but we wanted to send it in a parallel path.
I think what I am going to suggest and I know that West is back there I am going to look
at the three leaders that I have been dealing with the most on this to see if their concurrent
they are not on the public hearing agenda they are actually the first resolution. Unless the
board kicks me under the table I think that we are going to probably handle this in a
parallel path we may or may not meet with you both at the same time or the same evening
maybe separate evenings. In any event we are going to do our best whatever we do to
keep those languages similar or at least have both companies saying that change in their
contract doesn't bother us. To take the public comment get the language firmed up again
let it be presentable to the public so that the public can have a quick review of that.
Conclude the public hearing and act on it in the future later in March probably late
March.
COUNCILMAN BREWER-Dan can I make a suggestion.
SUPERVISOR STEC-Yeah, Tim.
COUNCILMAN BREWER-I am sure this is not the first time this has arisen we have
been assured by both companies that it has happened before and its done in different part
why don't we find a place where it has been done and get their opinion that they must
have gotten from somebody to say that it's okay or it's not okay and run with that rather
than waste our time wanting for the Comptroller.
SUPERVISOR STEC-Maybe if we can get that.
COUNCILMAN BREWER-If there is some City in the State somewhere that it has been
done... .
ATTORNEY REINBACH-I have been lead to believe by a very reliable source that the
same type of Separate Corporation has been set up for Volunteer Fire Companies. I
would like to be certain that it is a Volunteer Fire Company that contracts with a Town is
not the only company in the Town not a fire district or some other set of facts that can
change the analysis, but I will find that out.
SUPERVISOR STEC-I will ask Bob to help us find another New York State Volunteer
Fire Company entity with similar circumstances. By no means should you feel like we
are not interested if you can help that analysis and find what you think is an apple to
apples comparison granted we will do our due diligence and make sure that it is a good
fit. If you could help us find two or three that you would say, these are three that are
similar certainly Bob can be in contact with Jeremy Spike from West to see if he has one
or two that he could throw our way I think there is value in that. Again, I think
Councilman Strough summarized it pretty well is that it is new to us because it is new to
us doesn't mean that it isn't completely okay it is new to us and we are trying to be
cautious about it in a healthy way not in an unhealthy way. I know that from my
conversation with President Gillman earlier today on the phone and a communication
from their Attorney that they would also prefer for us to continue to work on essentially
the same issue the audit ability I think they have another issue that is related to buy us a
little time on both of those. Their public hearing is closed already, but I think the venue
for where we are landing will be this public hearing plus their resolution will be done on
a regular meeting there will be plenty of opportunity for people to have an idea of what
we have done it is going to be similar obviously to what we are going to do for North. I
think as far as the public comment for that as our Attorney pointed out the legal
requirement for the public hearing is to set the money the financial terms of the contract
the language terms can be changed outside of the public hearing. In the interest this is
two million dollars worth of taxpayer money goes to the five fire companies every year
this is the kind of thing that we are going to want to have a chit chat on. My intent is to
keep your public hearing open and my suggestion to the board for West is that I will
suggest that we pull your resolution for tonight unless you guys really want us to act on it
tonight. I think what you would want us to do is to pull your resolution not act on it until
we continue to hammer out some language with you guys is that fine with you John, I am
just looking for a nod of the head. Are you following we are not going to act on yours we
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 567
are going to hold yours and North both aside for a little while if we can get to an
agreeable position. No promise that we are going to land somewhere you guys are all
going to like, but we will work a little bit harder on it. With that said is there anyone else
that wants to comment on this public hearing I will leave the public hearing open, but I
want to take any comment from anyone that came here for this tonight. Again, I will
leave the North Queensbury's Volunteer Fire Company Contract Public Hearing opened;
we will take no action on it this evening. Just for those of you keeping score at home
Resolution 4.1 Karen, which is the resolution Approving the Service Agreement between
Town and West Glens Volunteer Fire Company we will pull that off this agenda? You
guys are free to stay if you want, but if you are waiting to make sure that we don't act on
it I am telling you we are not going to act on it.
PUBLIC HEARING TO REMAIN OPENED NO ACTION TAKEN
PUBLIC HEARING -ESTABLISHMENT OF EXTENSION TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON
SUBDIVISION
OPENED
PUBLICATION DATE; FEBRUARY 13, 2009
SUPERVISOR STEC-This public hearing we set a couple weeks ago. This Rawson
Subdivision is located near the corner of West Mountain and Potter Road in Queensbury.
We had set this public hearing I am not sure if Bruce wants to mention we would be
extending the Consolidated Water District for this subdivision Bruce do you have
anything you want to add you don't have to if you don't want to.
WATER SUPERINTENDENT, BRUCE OSTRANDER-Basically the only interest we
had in this was the fact that three of the parcels were not entirely in the district so we just
wanted to extend the district to make sure the entire parcels were in the district.
COUNCILMAN MONTESI-Bruce when a new subdivision comes into Town how many
feet out of the district does it have to be where it was mandated that the subdivider
hookup to the Town? For instance if somebody builds a subdivision that is nine hundred
feet away from the Town water district is he obligated to hook up I always thought there
was a footage.
WATER SUPERINTENDENT, OSTRANDER-Do you mean the entire subdivision is
outside of the district?
COUNCILMAN MONTESI-Yeah.
WATER SUPERINTENDENT, OSTRANDER-I am not sure I would have to look into
that.
COUNCILMAN MONTESI-I thought that we passed a rule on subdivisions at some
point in the past that said I thought it was if you were within a thousand feet of an
existing water district it is the obligation of the subdivider to provide Town water.
COUNCILMAN BREWER-Why wouldn't we make a subdivision tie into I guess if it
was more than two thousand feet it probably wouldn't be worth it would it.
COUNCILMAN MONTESI-For some reason I thought it was a thousand feet.
COUNCILMAN METIVIER-Pliney is saying two thousand.
COUNCILMAN MONTESI-Well it is two thousand feet.
WATER SUPERINTENDENT, OSTRANDER-But the developer is taking care of all the
costs.
COUNCILMAN MONTESI-Right it is his obligation I said that.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 568
MR. TUCKER-The water is there right on West Mountain Road isn't it?
WATER SUPERINTENDENT, OSTRANDER-That's correct.
COUNCILMAN BREWER-Why were three lots left out was it just an error?
WATER SUPERINTENDENT, OSTRANDER-They weren't left out there is just a small
portion of the three lots that are outside of the existing water district we are just extending
it to make sure the whole lot is inside the water district.
COUNCILMAN BREWER-AIl right.
COUNCILMAN METIVIER-They were already in.
WATER SUPERINTENDENT, OSTRANDER-Most of it was inside the water district.
COUNCILMAN MONTESI-Okay.
COUNCILMAN STROUGH-Is there any issue with getting a right amount of pressure?
WATER SUPERINTENDENT, OSTRANDER-No not where those lots are.
COUNCILMAN MONTESI-This isn't higher than our West Mountain tank.
WATER SUPERINTENDENT, OSTRANDER-No.
COUNCILMAN BREWER-I am sure they will have plenty of pressure.
COUNCILMAN STROUGH-The reason why I mention it is I am located in a similar
situation I get twenty pounds of pressure and I have to boost it in my house that's my
responsibility.
WATER SUPERINTENDENT, OSTRANDER-It depends on where you are on West
Mountain Road.
COUNCILMAN BREWER-I guess any other questions.
DEPUTY CLERK, O'BRIEN-You have to open the public hearing.
SUPERVISOR STEC EXITED THE MEETING
COUNCILMAN BREWER-We will open the public hearing does anybody have any
questions on this particular public hearing, hearing none I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION
TO QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE THE RAWSON SUBDIVISION
RESOLUTION NO. 65, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 569
WHEREAS, the Town of Queensbury wishes to extend the Queensbury
Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west
side of West Mountain Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared
by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water
district extension to connect the Subdivision to the existing Queensbury Consolidated
Water District water main along the east side of West Mountain Road as more
specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town
Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
water district extension, a general plan of the proposed system, a report of the proposed
method of operation, the source of water supply and mode of constructing the proposed
water district extension improvements, and
WHEREAS, on January 26th, 2009, subsequent to the filing of the Map, Plan and
Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing
Order") reciting (a) the boundaries of the proposed Water District Extension; (b) the
proposed improvements; (c) the maximum amount proposed to be expended for the
improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water
District to the typical property and the typical one or two family home (if not the typical
property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan
and Report describing the improvement is on file in the Town Clerk's Office; and (g) the
time and place of a public hearing on the proposed Water District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and
were filed with the New York State Comptroller's Office, all as required by law, and
WHEREAS, the Town Board held a public hearing and heard all interested persons
concerning the proposed Water District Extension on Monday, February 23rd, 2009 and the
Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Water District
Extension in accordance with Town Law Article 12-A and consolidate the Extension with
the Queensbury Consolidated Water District in accordance with Town Law §206-a, and
WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA
review is not required,
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 570
NOW, THEREFORE, BE IT
RESOLVED, that it is the determination of the Queensbury Town Board that:
1. The Notice of Public Hearing was published and posted as required by law
and is otherwise sufficient;
2. It is in the public interest to establish, authorize, and approve the Water
District Extension (to serve the Rawson Subdivision) to the existing Queensbury
Consolidated Water District as described in the Map, Plan and Report on file with the
Queensbury Town Clerk;
3. All property and property owners within the Extension are benefited;
4. All benefited property and property owners are included within the limits of
the Extension;
5. In accordance with New York State Town Law §206-a, it is in the public
interest to assess all expenses of the District, including all extensions heretofore or hereafter
established as a charge against the entire area of the District as extended and it is in the
public interest to extend the District only if all expenses of the District shall be assessed
against the entire District as extended, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes, approves and establishes the
Water District Extension to serve the Rawson Subdivision to the Queensbury Consolidated
Water District and the Extension is in accordance with the boundaries and descriptions set
forth in the previously described Map, Plan and Report and construction of the
improvements may proceed and service provided, subject to the adoption of a Final Order
by the Queensbury Town Board, and
BE IT FURTHER,
RESOLVED, that this Resolution is also subject to a permissive referendum in the
manner provided by the provisions of New York State Town Law Article 7 and Article 12-
A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file,
post, and publish such Notice of this Resolution as may be required by law.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 571
NOES :None
ABSENT: Mr. Stec
PUBLIC HEARING LOCAL LAW TO ADOPT CHAPTER 146 OF TOWN CODE
GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM AND
AMEND STORMWATER MANAGEMENT PROVISIONS OF TOWN CODE
OPENED
PUBLICATION DATE: FEBRUARY 13, 2009
COUNCILMAN BREWER-Bruce are you here to also speak of this?
COUNCILMAN MONTESI-Mike is.
COUNCILMAN BREWER-Mike is.
ATTORNEY HAFNER-This is the Stormwater you have had a Town Board Workshop
Meeting and I think Dan asked Dan Ryan to come if the Town Board had questions. My
understanding is that you guys had a Workshop Meeting and were satisfied you have
made some small changes. Mike Hill of my office made those changes that came out of
that meeting you have gone through it in great detail and this is required to comply with
DEC Regulations that is dealing with MS 4. We have to move forward on it because it is
required by DEC. We have run the changes by the Town Board very closely we have run
them by our Town Engineer; we have run them through our office. We have gotten input
from various people and the Town Board can act tonight there is one entity that wants to
meet with us we will do that in March the Lake George Park Commission they said that
they would I forget how they worded when they talked with Stu but the understanding
was that they would go forward with it, but if we require some changes to comply with
the Lake George Park Commission regs than we will come back with some revisions, but
we need to get an MS4 set of regs passed to comply with DEC.
COUNCILMAN BREWER-So we can open the public hearing on 2.4 then?
ATTORNEY HAFNER-Yes.
COUNCILMAN BREWER-Is there anyone here to ask any questions on this public
hearing, none this is rather easy any questions from the board?
NO PUBLIC COMMENT
COUNCILMAN BREWER-Why do we have A and B Stu?
SENIOR PLANNER, BAKER-The first resolution is dealing with SEQRA.
COUNCILMAN BREWER-The second one is to adopt it?
SENIOR PLANNER, BAKER-That's correct.
COUNCILMAN BREWER-Do you want to take us through SEQRA.
SUPERVISOR STEC ENTERED MEETING
PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART
617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE
FULL EAF. No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR
UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE
DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 572
AGENCY. No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED
WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF
LEGIBLE)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic pattern, solid waste production or disposal. Potential for erosion,
drainage or flooding problems? Explain briefly.
NO
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural
resources or community or neighborhood character? Explain briefly.
NO
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
threatened or endangered species? Explain briefly.
NO
C4. A community exists plans or goals as officially adopted, or a change in use or
intensity of use of land, or other natural resources? Explain briefly.
NO
C5. Growth, subsequent development, or related activities likely to be induced by
the proposed action? Explain briefly.
NO
C6. Long term, short term, cumulative, or other effects not identified in C1-CS?
Explain briefly.
NO
C7. Other impacts (including changes in use of either quantity or type of energy?
Explain briefly.
NONE
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL
CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A
CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY
NO
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO
POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN
BRIEFLY.
NO
RESOLUTION ADOPTING DETERMINATION OF NON-
SIGNIFICANCE REGARDING PROPOSED LOCAL LAW NO. 2,OF
2009 TO ADOPT CHAPTER 146 OF THE TOWN CODE
GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM
AND TO AMEND STORMWATER MANAGEMENT PROVISIONS
OF THE TOWN CODE
RESOLUTION NO.: 66, 2009
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 573
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law
No.:2 of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and
Amending Stormwater Management Provisions of the Town Code" which Law is intended
to establish Town storm sewer regulations and update the Town's Stormwater regulations,
as required by New York State, and
WHEREAS, adoption of this legislation is authorized in accordance with New York
State Environmental Conservation Law and regulations and New York State Municipal
Home Rule Law § 10 and New York State Town Law Article 16, and
WHEREAS, the Town Board is duly qualified to act as lead agency for compliance
with the State Environmental Quality Review Act (SEQRA) which requires environmental
review of certain actions undertaken by local governments, and
WHEREAS, the proposed action is an unlisted action in accordance with the rules
and regulations of SEQRA,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board, after considering the proposed action, reviewing
the Environmental Assessment Form and thoroughly analyzing the action for potential
environmental concerns, determines that the action will not have a significant effect on the
environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor to complete the Environmental Assessment Form by checking the box indicating
that the proposed action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and
authorizes and directs the Town Clerk's Office to file any necessary documents in
accordance with the provisions of the general regulations of the Department of
Environmental Conservation.
Duly adopted this 23rd day of February, 2009, by the following vote:
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 574
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2009 TO ADOPT CHAPTER
146 OF THE TOWN CODE GOVERNING DISCHARGES INTO THE STORM
SEWER SYSTEM AND TO AMEND STORMWATER MANAGEMENT
PROVISIONS OF THE TOWN CODE
RESOLUTION NO. 67, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law
No.: 2 of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and
Amending Stormwater Management Provisions of the Town Code" which Law is intended
to establish Town storm sewer regulations and update the Town's Stormwater regulations,
as required by New York State, and
WHEREAS, adoption of this legislation is authorized in accordance with New York
State Environmental Conservation Law and regulations and New York State Municipal
Home Rule Law § 10 and New York State Town Law Article 16, and
WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQRA")
the Town Board has considered the potential effects of the proposed Local Law and has
issued a Negative Declaration, finding that it will not have any significant adverse
environmental impacts, and
WHEREAS, the Town Board duly held a public hearing on Monday, February 23rd
2009 and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting
and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of
2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and Amending
Stormwater Management Provisions of the Town Code" as presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 575
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to file the Local Law with the New York State Secretary of State in accordance
with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law
will take effect as provided by law.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
LOCAL LAW NO. 2,OF 2009
A LOCAL LAW ADOPTING STORM SEWER SYSTEM REGULATIONS AND
AMENDING STORMWATER MANAGEMENT PROVISIONS OF TOWN CODE
Be it enacted by the Queensbury Town Board as follows:
ARTICLE 1. Purpose and Authority.
The purpose of this Local Law is to establish minimum stormwater
management requirements and controls to protect and safeguard the general
health, safety, and welfare of Town residents and to provide for the health,
safety, and general welfare of the Town residents through the regulation of non-
stormwaterdischarges to the municipal separate storm sewer system (MS4) to
the maximum extent practicable as required by Federal and State law. It is
adopted pursuant to Municipal Home Rule Law
§10.
ARTICLE 2. Town Code Revisions.
A. The following new Chapter 146 is hereby added to the Queensbury
Town
Code:
CHAPTER 146: STORM SEWER SYSTEM DISCHARGES, ACTIVITIES AND
CONNECTIONS
§146-1. Purpose and intent.
The purpose of this Chapter is to provide for the health, safety, and general
welfare of the citizens of the Town of Queensbury through the regulation of non-
stormwaterdischarges to the municipal separate storm sewer system (MS4) to
the maximum extent practicable as required by Federal and State law. This Local
Law establishes methods for controlling the introduction of pollutants into the
MS4 in order to comply with requirements of the SPDES General Permit for
Municipal Separate Storm Sewer Systems. The objectives of this Chapter are:
A. To meet the requirements of the SPDES General Permit for stormwater
Discharges from MS4s, Permit no. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such systems
are not designed to accept, process or discharge non-stormwater wastes;
C. To prohibit Illicit Connections, Activities and Discharges to the MS4;
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 576
D. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this Local Law;
and
F. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, local lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment and other
pollutants into the
MS4.
§146-2. Definitions.
Whenever used in this Chapter, the following terms shall have the meanings set
forth below unless: (1) a different meaning is stated in a definition applicable to
only a portion of this Chapter and/or (2) the definition of the same term under
Chapter 179 of the Town Code when applied under this Chapter 146 would be
more restrictive of non-stormwater discharges to the municipal separate storm
sewer system (MS4), in which case the definition from Chapter 179 shall apply
here:
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C.
§1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities requiring authorization under the
SPDES permit for stormwater discharges from construction activity, GP-02-
01, as amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and demolition.
DEPARTMENT. The New York State Department of Environmental
Conservation.
DESIGN PROFESSIONAL. New York State licensed professional engineer
or licensed architect.
HAZARDOUS MATERIALS. Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or
subsurface, which allows an illegal discharge to enter the MS4, including but
not limited to:
1. Any conveyances which allow any non-stormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had been
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previously allowed, permitted, or approved by an authorized enforcement
agency; or
2. Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect non-stormwater discharge to the
MS4, except as exempted in Section 6 of this Local Law.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A facility serving one or more
parcels of land or residential HOUSEHOLDS, or a private, commercial or
institutional facility, that treats sewage or other liquid wastes for discharge into
the groundwaters of New York State, except where a permit for such a facility is
required under the applicable provisions of Article 17 of the Environmental
Conservation Local Law.
INDUSTRIAL ACTIVITY. Activities requiring the SPDES permit for discharges
from industrial activities except construction, GP-98-03, as amended or revised.
MS4. Municipal Separate Storm Sewer System.
MUNICIPAL SEPARATE STORM SEWER SYSTEM. A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, man-made channels, or storm drains):
1. Owned or operated by the Municipality;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as
defined at 40
CFR 122.2
MUNICIPALITY. The Town of Queensbury, sometimes also referred to as the
"Town".
NON-STORMWATER DISCHARGE. Any discharge to the MS4 that is not
composed entirely of stormwater.
PERSON. Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the owner's
agent.
POLLUTANT. Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand and industrial, municipal, agricultural waste and ballast
discharged into water; which may cause or might reasonably be expected to
cause pollution of the waters of the State in contravention of the standards.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved
or unimproved including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS.
1. Discharge Compliance with Water Quality Standards. The condition that
applies where a municipality has been notified that the discharge of
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stormwater authorized under their MS4 permit may have caused or has the
reasonable potential to cause or contribute to the violation of an applicable
water quality standard. Under this condition the municipality must take all
necessary actions to ensure future discharges do not cause or contribute to a
violation of water quality standards.
2. 303(d) Listed Waters. The condition in the municipality's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under this
condition the stormwater management program must ensure no increase
of the listed pollutant of concern to the 303(d) listed water.
3. Total Maximum Daily Load (TMDL) Strategy. The condition in the
municipality's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by EPA for a waterbody or
watershed into which the MS4 discharges. If the discharge from the MS4
did not meet the TMDL stormwater allocations prior to September 10,
2003, the municipality was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
4. The condition in the municipality's MS4 permit that applies if a TMDL is
approved in the future by EPA for any waterbody or watershed into which
an MS4 discharges. Under this condition the municipality must review the
applicable TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations, the
municipality must, within six (6) months of the TMDL's approval, modify its
stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
STORMWATER DISCHARGE PERMIT. A permit issued by the Department
that authorizes the discharge of pollutants to waters of the State.
STORMWATER. Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER(S) (SMO). Town employees (5) or
other public
official(s) designated by the Town Board to administer and enforce the
provisions of this
Chapter. The SMO(s) may also be designated by the Town Board to
administer and enforce
Chapter 147, or the Town Board may designate one or more other SMOs for
that purpose.
303(d) LIST. A list of all surface waters in the State for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the Department as required
by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards and
are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL). The maximum amount of a
pollutant to be allowed to be released into a water body so as not to impair
uses of the water, allocated among the sources of that pollutant.
WASTEWATER. Water that is not stormwater, is contaminated with
pollutants and is or will be discarded.
§146-3. Applicability.
This Local Law shall apply to all water entering the MS4 generated on any
developed and undeveloped lands unless explicitly exempted by an authorized
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enforcement agency.
§146-4. Responsibility for administration.
The Stormwater Management Officer(s) (SMO(s)) shall administer, implement,
and enforce the provisions of this Local Law. Such powers granted or duties
imposed upon the authorized enforcement official may be delegated in writing by
the SMO as may be authorized by the municipality.
§146-5. Severability.
The provisions of this Local Law are hereby declared to be severable. If any
provision, clause, sentence, or paragraph of this Local Law or the application
thereof to any person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of this Local Law.
§146-6. Discharge Prohibitions.
A. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the MS4 any
materials other than stormwater except as provided in Section 6.1.1. The
commencement, conduct or continuance of any illegal discharge to the MS4
is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions
established by this Local Law, unless the Department or the Municipality
has determined them to be substantial contributors of pollutants: water
line flushing or other potable water sources, landscape irrigation or lawn
watering, existing diverted stream flows, rising ground water,
uncontaminated ground water infiltration to storm drains, uncontaminated
pumped ground water, foundation or footing drains, crawl space or
basement sump pumps, air conditioning condensate, irrigation water,
springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire fighting activities, and any
other water source not containing pollutants. Such exempt discharges
shall be made in accordance with an appropriate plan for reducing
pollutants.
(2) Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not be
construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this Local Law.
(3) Dye testing in compliance with applicable State and local laws is an
allowable discharge, but requires a verbal notification to the SMO prior to
the time of the test.
(4) The prohibition shall not apply to any discharge permitted under a
SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that the
discharger is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the MS4.
B. Prohibition of Illicit Connections.
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(1) The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this Local Law if the person
connects a line conveying sewage to the municipality's MS4, or allows
such a connection to continue.
§146-7. Prohibition against failing individual sewage treatment systems.
No person shall operate a failing individual sewage treatment system in areas
tributary to the Municipality `s MS4. A failing individual sewage treatment system
is one which has one or more of the following conditions:
A. The backup of sewage into a structure.
B. Discharges of treated or untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment
system that could
lead to any of the other failure conditions as noted in this section.
F. Contamination of off-site groundwater.
§146-8. Prohibition against activities contaminating storm water.
A. Activities that are subject to the requirements of this section are those
types of activities that
(1) Cause or contribute to a violation of the municipality's MS4 SPDES
permit.
(2) Cause or contribute to the municipality being subject to the Special
Conditions as defined in Section 2 (Definitions) of this Local Law.
B. Such activities include failing individual sewage treatment systems as
defined in Section 2, improper management of pet waste or any other
activity that causes or contributes to violations of the Municipality's MS4
SPDES permit authorization.
C. Upon notification to a person that he or she is engaged in activities that
cause or contribute to violations of the municipality's MS4 SPDES permit
authorization, that person shall take all reasonable actions to correct such
activities such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
§146-9. Requirement to prevent, control and reduce storm water pollutants
by the use of best management practices.
A. Best Management Practices:
Where the SMO has identified illicit discharges as defined in Section 2 or
activities contaminating stormwater as defined in Section 8 the
Municipality may require implementation of Best Management Practices
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(BMP5) to control those illicit discharges and activities.
(1) The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into the
MS4 through the use of structural and non-structural BMPs.
(2) Any person responsible for a property or premise which is or may be
the source of an illicit discharge as defined in Section 2, or an activity
contaminating stormwater as defined in Section 8, may be required to
implement, at said person's expense, additional structural and non-
structural BMPs to reduce or eliminate the source of pollutant(s) to the
MS4.
(3) Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the
provisions of this section.
B. Individual Sewage Treatment Systems Response to Special
Conditions Requiring No Increase of Pollutants or Requiring a
Reduction of Pollutants
Where individual sewage treatment systems are contributing to the
municipality's being subject to the Special Conditions as defined in
Section 2 of this Local Law, the owner or operator of such individual
sewage treatment systems shall be required to:
(1) Maintain and operate individual sewage treatment systems as follows:
(a) Inspect the septic tank annually to determine scum and sludge
accumulation. Septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within ten inches of the
bottom of the outlet baffle or sanitary tee.
(b) Avoid the use of septic tank additives.
(c) Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemicals; and
(d) Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items
Most tanks should be pumped out every two to three years. However,
pumping may be more or less frequent depending on use. Inspection of
the tank for cracks, leaks and blockages should be done by the septage
hauler at the time of pumping of the tank contents.
(2) Repair or replace individual sewage treatment systems as follows:
(a) In accordance with 10 NYCRR Appendix 75A to the maximum
extent practicable.
(b) A design professional licensed to practice in New York State shall
prepare design plans for any type of absorption field that involves:
(i) Relocating or extending an absorption area to a location not
previously approved for such.
(ii) Installation of a new subsurface treatment system at the same
location.
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(iii) Use of alternate system or innovative system design or
technology.
(c) A written certificate of compliance shall be submitted by the design
professional to the municipality at the completion of construction of the
repair or replacement system.
§146-10. Suspension of access to MS4; illicit discharges in emergency
situations.
A. The SMO may, without prior notice, suspend MS4 discharge access to a
person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to
the environment, to the health or welfare of persons, or to the MS4. The SMO
shall notify the person of such suspension within a reasonable time thereafter
in writing of the reasons for the suspension. If the violator fails to comply with
a suspension order issued in an emergency, the SMO may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or to
minimize danger to persons.
B. Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this Local Law may have
their MS4 access terminated if such termination would abate or reduce an
illicit discharge. The SMO will notify a violator in writing of the proposed
termination of its MS4 access and the reasons therefor. The violator may
petition the SMO for a reconsideration and hearing. Access may be granted
by the SMO if he/she finds that the illicit discharge has ceased and the
discharger has taken steps to prevent its recurrence. Access may be denied
if the SMO determines in writing that the illicit discharge has not ceased or is
likely to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this Section, without the prior
approval of the SMO.
§146-11. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the
Municipality prior to the allowing of discharges to the MS4.
§146-12. Access and monitoring of discharges.
A. Applicability. This section applies to all facilities that the SMO must
inspect to enforce any provision of this Local Law, or whenever the
authorized enforcement agency has cause to believe that there exists, or
potentially exists, in or upon any premises any condition which constitutes a
violation of this Local Law.
B. Access to Facilities.
(1) The SMO shall be permitted to enter and inspect facilities subject to
regulation under this Local Law as often as may be necessary to determine
compliance with this Local Law. if a discharger has security measures in
force which require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to allow
access to the SMO.
(2) Facility operators shall allow the SMO ready access to all parts of the
premises for the purposes of inspection, sampling, examination and
copying of records as may be required to implement this Local Law.
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(3) The Municipality shall have the right to set up on any facility subject to
this Local Law such devices as are necessary in the opinion of the SMO to
conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) The Municipality has the right to require the facilities subject to this
Local Law to install monitoring equipment as is reasonably necessary to
determine compliance with this Local Law. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
(5) Unreasonable delays in allowing the Municipality access to a facility
subject to this Local Law is a violation of this Local Law. A person who is
the operator of a facility subject to this Local Law commits an offense if
the person denies the municipality reasonable access to the facility for the
purpose of conducting any activity authorized or required by this Local
Law.
(6) If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this Local Law,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this
Local Law or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any Court of competent jurisdiction.
§146-13. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into the
MS4, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of a
release of non-hazardous materials, said person shall notify the municipality in
person or by telephone or facsimile no later than the next business day.
Notifications in person or by telephone shall be confirmed by written notice
addressed and mailed to the Municipality within three business days of the
telephone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained for at least
three years.
§146-14. Enforcement.
A. Notice of Violation.
When the Municipality's SMO finds that a person has violated a prohibition or
failed to meet a requirement of this Local Law, he/she may order compliance
by written notice of violation to the responsible person. Such notice may
require without limitation:
(1) The elimination of illicit connections or discharges;
(2) That violating discharges, practices, or operations shall cease and
desist;
(3) The abatement or remediation of stormwater pollution or
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contamination hazards and the restoration of any affected property;
(4) The performance of monitoring, analyses, and reporting;
(5) Payment of a fine; and
(6) The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or
restoration must be completed. Said notice shall further advise that,
should the violator fail to remediate or restore within the established
deadline, the work will be done by a designated governmental agency
or a contractor and the expense thereof shall be charged to the
violator.
B. Penalties.
In addition to or as an alternative to any penalty provided herein or by law,
any person who violates the provisions of this Local Law shall be guilty of a
violation punishable by a fine not exceeding three hundred fifty dollars ($350)
or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense both of which were
committed within a period of five years, punishable by a fine not less than
three hundred fifty dollars nor more than seven hundred dollars ($700) or
imprisonment for a period not to exceed six months, or both; and upon
conviction for a third or subsequent offense all of which were committed
within a period of five years, punishable by a fine not less than seven
hundred dollars nor more than one thousand dollars ($1000) or imprisonment
for a period not to exceed six months, or both. However, for the purposes of
conferring jurisdiction upon Courts and judicial officers generally, violations of
this Local Law shall be deemed misdemeanors and for such purpose only all
provisions of law relating to misdemeanors shall apply to such violations.
Each week's continued violation shall constitute a separate additional
violation.
§146-15. Appeal of notice of violation.
Any person receiving a Notice of Violation may appeal the determination of the
SMO to the Town Board within 15 days of its issuance, which shall hear the
appeal within 30 days after the filing of the appeal and within five days of making
its decision shall file its decision in the office of the municipal clerk and mail a
copy of its decision by certified mail to the discharger.
§146-16. Corrective measures after appeal.
A. If the violation has not been corrected pursuant to the requirements set
forth in the Notice of Violation, or, in the event of an appeal, within five
business days of the decision of the municipal authority upholding the
decision of the SMO, then the SMO shall request the owner's permission for
access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
B. If refused access to the subject private property, the SMO may seek a
warrant in a Court of competent jurisdiction to be authorized to enter upon
the property to determine whether a violation has occurred. Upon
determination that a violation has occurred, the SMO may seek a Court order
to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
§146-17. Injunctive relief.
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It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this Local Law. If a person has violated or continues to
violate the provisions of this Local Law, the SMO may petition for a preliminary or
permanent injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or remediation
of the violation.
§146-18. Alternative remedies.
A. Where a person has violated a provision of this Local Law, he/she may be
eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Municipal Attorney and concurrence of the Municipal
Code Enforcement Officer, where:
(1) The violation was unintentional,
(2) The violator has no history of pervious violations of this Local Law,
(3) Environmental damage was minimal,
(4) Violator acted quickly to remedy violation, and
(5) The violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
(1) Attendance at compliance workshops,
(2) Storm drain stenciling or storm drain marking, and/or
(3) River, stream or creek cleanup activities.
§146-19. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this Local Law
is a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
§146-20. Remedies not exclusive.
The remedies listed in this Local Law are not exclusive of any other remedies
available under any applicable federal, State or local law, and it is within the
discretion of the authorized enforcement agency to seek cumulative remedies.
B. Existing Chapter 147 of the Queensbury Town Code is deleted in its
entirety and replaced by the following:
CHAPTER 147: STORMWATER MANAGEMENT
§147-1. Short title
This chapter shall be known as the "Town of Queensbury Stormwater
Management Local Law."
§147-2. Findings
It is hereby determined that:
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A. Land development activities and associated increases in impervious cover
often alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion, or
sediment transport and deposition.
B. This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other desirable
species.
C. The increase in nutrients in stormwater runoff accelerates eutrophication
of receiving waters.
D. Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial and aquatic
habitat.
E. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing stream bank
erosion and sedimentation.
F. Improperly managed stormwater runoff can increase the incidence of
flooding and the level of floods which occur, endangering property and
human life.
G. Siltation of water bodies resulting from increased erosion decreases the
capacity of the water bodies to hold and transport water, interferes with
navigation and harms flora and fauna.
H. Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharge and stream baseflow.
I. Substantial economic losses can result from these advere impacts on the
waters of the Town.
J. stormwater runoff, soil erosion and nonpoint source pollution can be
controlled and minimized through the regulation of stormwater runoff from land
development activities.
K. It is in the public interest to regulate stormwater runoff discharges from
land development activities in order to control and minimize increases in
stormwater runoff rates and volumes, soil erosion, stream channel erosion,
and nonpoint source pollution associated with stormwater runoff, thereby
minimizing threats to public health and safety.
L. Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular site or an
entire watershed and thereby mitigate the adverse effects of erosion and
sedimentation from development.
§147-3. Statutory Authority
In accordance with Article 10 of the Municipal Home Rule Law of the State of
New York, the Town Board has the authority to enact local laws and amend local
laws and for the purpose of promoting the health, safety or general welfare of the
Town and for the protection and enhancement of its physical environment. The
Town Board may include in any such local law provisions for the appointment of
any municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law. Further statutory authority for this chapter
can be found in Article 9 of the Town Law and Environmental Conservation Law
§43-0 1 12.
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§147-4. Purpose
The purpose of this local law is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,
and welfare of the public residing within the Town of Queensbury by preserving
and protecting the quality of the ground and surface waters and to address the
findings in Section 147-2 hereof. This local law seeks to meet those purposes by
achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the NYS
Department of
Environmental Conservation State Pollutant Discharge Elimination System
(SPDES) General
Permit for stormwater Discharges from Municipal Separate stormwater
Sewer Systems
(MS4s), Permit no. GP-02-02 or as amended or revised.
B. Require land development activities to conform to the substantive
requirements of the SPDES General Permit for Construction Activities GP-02-
01 or as amended or revised.
C. Minimize increases in stormwater runoff from land development activities in
order to reduce flooding, siltation, increases in stream temperature, and
stream bank erosion and maintain the integrity of stream channels.
D. Minimize increases in pollution caused by stormwater runoff from land
development activities which would otherwise degrade local water quality.
F. Minimize the total annual volume of stormwater runoff which flows from
any specific site during and following development to the maximum extent
practicable.
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly
maintained and eliminate threats to public safety.
G. Provide for more stringent requirements within the portion of the Town that
is within the Lake George Park, reflecting the unique environmental sensitivity
of Lake George and the need to protect its water quality.
§147-5. Definitions. The terms used in this chapter or in documents prepared or
reviewed under this chapter shall have the meanings set forth in Schedule A of
this chapter.
§147-6. Applicability.
A. This chapter shall be applicable to all Land Development Activities as
defined in Section
147-5.
(i) All Land Development Activities subject to review and approval by the
Planning Board under the Town's Subdivision, Site Plan, and/or Special
Permit regulations shall be reviewed subject to the standards contained in
this chapter. No application for approval of a Land Development Activity
shall be reviewed until the appropriate Board has received a stormwater
Pollution Prevention Plan (SWPPP) prepared in accordance with the
specifications in this Chapter.
(ii) All Land Development Activities not subject to such review shall be
required to submit a stormwater Pollution Prevention Plan (SWPPP) to
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the Stormwater Management Officer who shall approve the SWPPP if it
complies with the requirements of this law.
B. All building, construction, land clearing, subdivision or other development of
land located within the Lake George Park ,except development which is
expressly exempt in accordance with Section 147-1 1 D of this chapter, shall
comply with the supplemental requirements contained in Section 147-11 of
this chapter.
C. All subdivision of land or building or construction activity or other
development, including clearing, grading, excavating, soil disturbance or
placement of fill, that will result in land disturbance of less than one acre shall
comply with the requirements of Section 147-9.
D. Permits and approvals required by this Chapter may be incorporated into
the subdivision, site plan, land use or zoning approvals issued under separate
provisions of the Town's land use program.
§147-7. Exemptions.
The following activities shall be exempt from review under this law except to the
extent they are subject to the provisions of Section 147-1 1.
A. Agricultural activity as defined in this local law.
B. Silvicultural activity of less than one (1) acre, except that landing areas and
log haul roads are subject to this law.
C. Routine maintenance activities that disturb less than five acres and are
performed to maintain the original line and grade, hydraulic capacity or original
purpose of a facility.
D. Emergency repairs or maintenance to any stormwater management
practice or facility deemed necessary by the Stormwater Management Officer
F. Any part of a subdivision if a plat for the subdivision has been approved by
the Planning Board on or before the effective date of this law
F. Land development activities for which a building permit has been approved
on or before the effective date of this law.
G. Cemetery graves.
H. Installation of fence, sign, telephone, and electric poles and other kinds of
posts or poles.
I. Emergency activity immediately necessary to protect life, property or
natural resources.
J. Activities of an individual engaging in home gardening by growing flowers,
vegetable and other plants primarily for use by that person and his or her
family
K. Landscaping and horticultural activities in connection with an existing
structure.
§147-8. Stormwater Pollution Prevention Plan Requirement
No application for approval of a Land Development Activity shall be reviewed
until the appropriate Board has received a Stormwater Pollution Prevention Plan
(SWPPP) prepared in accordance with the specifications in this Local Law.
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A. Stormwater Management Officer _The Town shall designate a
Stormwater Management Officer who shall accept and review all stormwater
pollution prevention plans and forward such plans to the applicable municipal
Board. The Stormwater Management Officer may (1) review the plans, (2)
upon approval by the Town Board, engage the services of a registered
professional engineer to review the plans, specifications and related
documents at a cost not to exceed a fee schedule established by said
governing board, or (3) accept the certification of a licensed professional that
the plans conform to the requirements of this law.
B. Contents of Stormwater Pollution Prevention Plans
(1) All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a) Background information about the scope of the project, including
location, type and
size of project.
(b) Site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map must show the total site area;
all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the
construction activity or development; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharges(s);
Site map should be at a scale no smaller than 1=40' (e.g. 1=500" is
smaller than 1 "=100")
(c) Description of the soil(s) present at the site;
(d) Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation and
grading, utility and infrastructure installation and any other activity at the site
that results in soil disturbance. Consistent with the New York Standards and
Specifications for Erosion and Sediment Control (Erosion Control Manual), not
more than five (5) acres shall be disturbed at any one time unless pursuant to
an approved SWPPP.
(e) Description of the pollution prevention measures that will be used to control
litter, construction chemicals and construction debris from becoming a
pollutant source in stormwater runoff;
(f) Description of construction and waste materials expected to be stored on-
site with updates as appropriate, and a description of controls to reduce
pollutants from these materials including storage practices to minimize
exposure of the materials to stormwater, and spill prevention and response;
(g) Temporary and permanent structural and vegetative measures to be used
for soil stabilization, runoff control and sediment control for each stage of the
project from initial land clearing and grubbing to project close-out;
(h) A site map/construction drawing(s) specifying the location(s), size(s) and
length(s) of each erosion and sediment control practice;
(i) Dimensions, material specifications and installation details for all erosion
and sediment control practices, including the siting and sizing of any
temporary sediment basins;
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590
(J~ Temporary practices that will be converted to permanent control measures;
(k) Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration that
each practice should remain in place;
(I) Maintenance schedule to ensure continuous and effective operation of the
erosion and sediment control practice;
(m) Name(s) of the receiving water(s);
(n) Delineation of SWPPP implementation responsibilities for each part of the
site;
(o) Description of structural practices designed to divert flows from exposed
soils, store flows, or otherwise limit runoff and the discharge of pollutants
from exposed areas of the site to the degree attainable; and
(p) Any existing data that describes the stormwater runoff at the site.
(2) Land development activities as defined in Section 147-5 of this Article and
meeting
Condition "A", "B" or "C" below shall also include water quantity and water quality
controls
(post-construction stormwater runoff controls) as set forth in paragraph (3) below
as
applicable:
Condition A _stormwater runoff from land development activities discharging a
pollutant of concern to either an impaired water identified on the
Department's 303(d)
list of impaired waters or a Total Maximum Daily Load (TMDL) designated
watershed for which pollutants in stormwater have been identified as a
source of the impairment.
Condition B _stormwater runoff from land development activities disturbing
five (5) or more acres.
Condition C stormwater runoff from Land Development Activity disturbing
between one (1) and five (5) acres of land during the course of the project,
exclusive of the construction of single family residences and construction
activities at agricultural properties.
(3) SWPPP Requirements for Condition A, B and C:
(a) All information in Section 147-8(B)(1) of this local law;
(b) Description of each post-construction stormwater management
practice;
(c) Site map/construction drawing(s) showing the specific location(s) and
size(s) of each post-construction stormwater management practice;
(d) Hydrologic and hydraulic analysis and calculations for all structural
components of the stormwater management system for the applicable
design storms;
(e) Comparison of post-development stormwater runoff conditions with pre-
development conditions with map of subcatchments for each;
(f) Dimensions, material specifications and installation details for each
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post-construction stormwater management practice;
(g) Maintenance schedule to ensure continuous and effective operation of
each post-construction stormwater management practice;
(h) Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and repair.
Easements shall be recorded on the plan and shall remain in effect with
transfer of title to the property;
(i) Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with Section 147-10 of this local law;
(j) Grading Plan at scale not to exceed 1 inch equals forty feet (1=40');
(k) Site testing results or data including deep test holes and infiltration
tests; and
(I) Draft Notice of Intent (NOI).
C. Plan Certification _The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed by the
professional preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this local law.
D. Contractor Certification
(1) Each contractor and subcontractor identified in the SWPPP who will be
involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification statement
before undertaking any Land Development Activity
"I certify under penalty of law that I understand and agree to comply with
the terms and conditions of the stormwater Pollution Prevention Plan. I
also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2) The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date the
certification is made.
(3) The certification statement(s) shall become part of the SWPPP for the
Land Development Activity.
E. Other Environmental Permits _The applicant shall assure that all other
applicable environmental permits have been or will be acquired for the Land
Development Activity prior to approval of the final stormwater design plan.
F. Copy to be Retained. A copy of the SWPPP shall be retained at the site of
the Land Development Activity during development and construction from the
date of initiation of development and/or construction activities to the date of
final stabilization.
§147-9. Performance and Design Criteria for stormwater Management and
Erosion and Sediment Control
All building, construction, soil disturbance, excavating, land clearing, grading,
filling, subdivision of land, and/or other development whether public or private,
shall be subject to the following performance and design criteria:
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A. Technical Standards _For the purpose of this local law, the following
documents shall serve as the official requirements and specifications for
stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this law:
(1) The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(2) New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to as the
Erosion Control Manual).
B. Water Quality Standards _No building, construction, soil disturbance,
excavating, land clearing, grading, filling, subdivision of land, and/or other
development whether public or private, shall cause an increase in turbidity that
will result in substantial visible contrast to natural conditions in surface waters
of the State of New York.
§147-10 Maintenance
A. Maintenance During Construction The applicant or developer of the Land
Development Activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the applicant or developer to achieve compliance with the
conditions of this local law. Sediment shall be removed from sediment traps or
sediment ponds whenever their design capacity has been reduced by fifty
percent (50%).
The applicant or developer or their representative shall be on site at all times
when construction or grading activity and/or other development takes place and
shall inspect and document the effectiveness of all erosion and sediment control
practices. Inspection reports shall be completed every 7 days and within 24
hours of any storm event producing 0.5 inches of precipitation or more. The
reports shall be delivered to the Stormwater Management Officer prior to
issuance of a Certificate of Occupancy (CO) and also copied to the site log book.
B. Maintenance Easement(s) _Prior to the issuance of any approval that has a
stormwater management facility as one of the requirements, the applicant or
developer must execute a maintenance easement agreement that shall be
binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility at reasonable times
for periodic inspection by the Town to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this local law. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the Town.
C. Maintenance after Construction _Permanent Stormwater Management
Practices (SMPs)installed in accordance with this law shall be operated and
maintained to achieve the goals of this law. Proper operation and maintenance
also includes as a minimum, the following:
(1)A preventive/corrective maintenance program for all critical facilities and
systems of treatment and control (or related appurtenances) which are
installed or used by the owner or operator to achieve the goals of this law.
(2)Written procedures for operation and maintenance and training new
maintenance personnel.
(3)Discharges from the SMPs shall not exceed design criteria or cause or
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contribute to water quality standard violations in accordance with Section 147-
9 hereof.
(4)Annual reports shall be provided to the Town describing the previous year's
operation and maintenance activities.
D. Maintenance Agreements _The Town shall approve a formal maintenance
agreement for stormwater management facilities binding on all current and
subsequent landowners and recorded in the office of the County Clerk as a deed
restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedule E of this
local law entitled Sample stormwater Control Facility Maintenance Agreement.
The Town, in lieu of a maintenance agreement, at its sole discretion may accept
dedication of any existing or future stormwater management facility, provided
such facility meets all the requirements of this local law and includes adequate
and perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
§147-11. Supplementary additional requirements for projects within the
Lake George Park
A. Applicability _This Section 147-1 1 shall apply to all building, construction,
land clearing, subdivision of land and/or other development, both public and
private, located within the Lake George Park ,except development which is
expressly exempt in accordance with paragraph D of this Section, in addition
to all foregoing provisions of this Chapter.
B. Prohibitions
(1) No owner of real property shall maintain a condition which, due to a
human disturbance of land, vegetative cover or soil, results in the erosion of
soil into any water body. The stormwater Management Officer shall notify a
property owner of such condition on his property and shall afford a
reasonable time period to correct any such condition before a violation shall
be deemed to exist.
(2) No person shall fail to comply with any provision or requirement of any
permit issued in accordance with this chapter.
(3) No person shall create a condition of flooding, erosion, siltation or
ponding resulting from failure to maintain previously approved stormwater
control measures where such condition is injurious to the health, welfare or
safety of individuals residing in the Park or injurious to any land within the
Park. The stormwater Management Officer shall notify a property owner of
such condition on his/her property and prescribe measures necessary to
reestablish effective performance of the approved stormwater control
measures. The Town shall afford such property owner a reasonable time
period in which to correct any such condition, before a violation is deemed
to exist.
C. Permit required
(1) Except for the activities exempted in paragraph D of this section, no
person shall build, construct, erect, expand or enlarge any building or
structure or place or construct any impervious surface such as pavement,
blacktop, macadam, packed earth and crushed stone without first receiving
a stormwater management permit from the Town, unless otherwise
exempted herein.
(2) No person shall create a subdivision of land subject to approval by the
Town until first receiving a stormwater management permit from the
municipality for all buildings, structures and impervious surfaces proposed
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to be created, except that the terms of this chapter shall not apply to
persons engaged in activities for which required municipal permits and
approvals were issued prior to the effective date of this chapter.
(3) Except for the activities exempted in paragraph D of this Section 147-
11, no person shall operate a land clearing machine such as a back hoe,
grader or plow or similar device so as to clear or grade land or otherwise
remove vegetative cover or soil or to overlay natural vegetative cover with
soil or other materials when such activities involve an area of land greater
than 5,000 square feet without first having received a stormwater
management permit under this chapter.
(4) No person shall build, alter or modify a stormwater control measure
without first receiving a stormwater management permit from the Town.
Such building, alteration and/or modification does not include the ordinary
maintenance, cleaning and/or repair of stormwater control measures.
D. Exemptions
The following activities are exempt from the requirements of this Section:
(1) Emergency repairs or maintenance to any stormwater control measure.
(2) Development involving land disturbance and land clearing of less than
5,000 square feet, which does not result in the creation of new impervious
surfaces of more than 1,000 square feet.
(3) Silvicultural activity of less than fifteen thousand (15,000) square feet,
except that landing areas and log haul roads are subject to this law.
(4) Any building, construction, or land clearing occurring outside the drainage
basin of Lake George from which all stormwater discharged from the
development site is discharged outside of the basin.
(5) Activities of an individual engaging in home gardening by growing flowers,
vegetables and other plants primarily for use by that person and his or her
family.
(6) Activities for which a building permit was issued prior to the effective date
of this chapter.
E. Project classification for stormwater management.
(1) Minor projects. The following development activities shall be considered to
be minor projects:
(a) Any building, land clearing or development activity affecting less than
15,000 square feet of land.
(b) Creation of a two-lot, three-lot or four-lot subdivision which may result
in the construction of no more than one single-family residential structure
and related accessory structures per lot, and will require land clearing or
alteration activities of less than 15,000 square feet per lot and less than
15,000 square feet total for any subdivision road.
(c) Any building, alteration or modification of a stormwater control
measure, excluding maintenance, cleaning or repair of such stormwater
control measure.
(2) Major projects. Any project not expressly exempted from regulation or
defined as a minor project shall be a major project. In addition, the following
may be considered to be major projects:
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(a) Any part of a minor project which occurs on:
[1 ]Soils of high potential for overland or through-soil pollutant
transport;
[2]An area with a slope of 15% or greater when measured in any
direction over a distance of 100 feet from the center of the proposed
building site; or
[3]An area with a soil percolation rate slower than 60 minutes per
inch.
(b) Minor projects treated as major projects.
[1 ]Any minor project may be treated as a major project if such treatment
is warranted in the judgment of the Stormwater Management Officer due
to specific site limitations or constraints, anticipated environmental
impacts or the need or advisability of additional public notice and
comment. When determining whether to treat a minor project as a major
project, the criteria to be considered shall include, but shall not be
limited to, whether the site lies within or substantially contiguous to any
of the following:
[a] A critical environmental area established in accordance with
SEQRA;
[b] A wetland;
[c]A stream corridor;
[d] An area of significant habitat for any wildlife or plant species;
[e] An area of particular scenic, historic or natural significance.
[2] The project sponsor of a minor project that will be treated as a major
project shall be given a written statement of the reasons for such a
determination.
F. Permit application review procedures.
(1) Minor projects. The Stormwater Management Officer shall have primary
responsibility for the review, approval and issuance of stormwater
management permits for minor projects. The Stormwater Management Officer
may request technical assistance from the Commission and/or the Town
Engineer.
(a) Prior to permit decisions, a test pit may need to be witnessed.
(b) The Stormwater Management Officer shall determine whether notice to
adjacent owners is warranted by public interest or other considerations.
(c) Prior to the issuance of a permit for any project, the Stormwater
Management Officer shall determine that the project as proposed is in
accordance with the design standards of this chapter.
(2) Major projects. Major projects shall require Site Plan Review in accordance
with the Town's Zoning Law.
(a) The applicant shall provide a Stormwater Pollution Prevention Plan as
described in Section 147-8(B) together with the required application fee.
(b) Approval of the SWPPP may require a public hearing if the Town's
Zoning Law or Subdivision Law require such a hearing.
G. Criteria for issuance of stormwater management permits.
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(1) An application for a stormwater management permit may be approved,
denied or approved with modifications or conditions, including modifications to
non-stormwater aspects of the development necessary to achieve the required
level of stormwater management.
(2) No stormwater management permit shall be issued unless the stormwater
Management Officer (for a Minor Project) or the Planning Board (for a Major
Project) makes the following findings, which shall be supported by substantial
evidence. The facts supporting such findings shall be set forth in the decision
document or permit. The issued
permits shall set forth all required conditions and incorporate all necessary
documents and maps. The findings are as follows:
(a) That the project meets the design requirements and performance
standards set forth in this chapter.
(b) That the project will not have an undue adverse impact on the health,
safety or welfare of the public or on the resources of the Lake George Park
and will not lead to a diminution of water quality, an increase in erosion or
an increase in stormwater runoff from the site either during or following
development.
(c) That the stormwater control measures proposed for the proposed
project will function as designed and that such measures represent the
best possible methods and procedures for controlling stormwater runoff
that are feasible and practicable at the particular project site.
(d) That adequate and sufficient measures have been taken to ensure
accountability and responsibility over the life of the project should the
stormwater control measures not function as intended, fail or suffer from
inadequate maintenance to ensure their proper functioning. The Town of
Queensbury may require formation of a homeowners' association
registered in accordance with §352-e of the New York State General
Business Law and execution of a maintenance agreement consistent with
Schedule E.
(e) That the proposed project will not contribute to flooding, siltation or
stream bank erosion and will not result in any increase, directly or
indirectly, in pollution to Lake George or its tributaries from stormwater
runoff.
H. Variances.
(1) If, during the review of an application, it is determined that the application
of any design or dimensional requirement contained in this Section will result
in the denial of the project, the applicant shall be afforded an opportunity to
modify the project plans or in the alternative to make application for a variance
to the Zoning Board of Appeals. Upon denial of any permit application for a
project for failure to conform with specific provisions of this chapter, the
applicant may make an application for a variance to the Zoning Board of
Appeals.
(2) If the applicant determines that any aspect of the project cannot meet any
design or dimensional requirement contained in this chapter, the applicant
may make direct application for a variance to the Zoning Board of Appeals.
(3) Variance applications shall be on such forms as may be prescribed and
shall conform with and contain the permit application requirements set forth in
this chapter.
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(4) The granting of any variance shall be done in accordance with §267-a and
267-b of the New York State Town Law and any amendments thereto as
appropriate; provided, however, that the grant of any variance to the shoreline
or cutting restrictions of §806 of the Adirondack Park Agency Act (Executive
Law, Article 27) must be in compliance with that section and §807 of the Act, if
applicable.
(5) No variance shall be granted by the Town of Queensbury until first
providing notice to the Commission a minimum of 10 days in advance. The
Commission shall be deemed a party to the proceeding.
I. Design requirements and performance standards.
(1) General requirements for major and minor projects. The following
requirements shall apply to major and minor projects:
(a) Stormwater control measures shall include such measures as are
deemed necessary to prevent any increase in pollution caused by
stormwater runoff from development which would otherwise degrade the
quality of water in Lake George and its tributaries, render it unfit for human
consumption, interfere with water-based recreation or adversely affect
aquatic life.
(b) Emergency overflow provisions shall be made as necessary to prevent
erosion, flooding and damage to structures, roads and stormwater control
measures.
(c) Stormwater control measures shall be designed to minimize adverse
impacts to water bodies, minimize disturbance of water bodies, minimize
land clearing, minimize the creation of impervious surfaces and to
maximize preservation of natural vegetation and existing contours.
(d) Development which involves the creation of areas subject to intensive
landscape maintenance, such as golf courses, public parks and botanical
gardens, shall require that a pest control and fertilizer management plan
shall be prepared and included with the permit application.
(2) Minor projects. The following additional requirements shall apply to minor
projects:
(a) Stormwater shall be managed on-site using stormwater control
measures designed to afford optimum protection of ground and surface
waters. Stormwater control measures shall be selected by giving
preference to the best management practices for pollutant removal and
flow attenuation as specified in Schedule C. Editor's Note: Schedule C is
located at the end of this chapter. Stormwater may be calculated in
accordance with the methodology for determining stormwater volume and
flow rates for major projects found in Schedule B, Part I, Editor's Note:
Schedule B is located at the end of this chapter. or, in the alternative, at a
flat rate of 1 .5 gallons of stormwater for every square foot net increase in
impervious area. Net increase is the difference between predevelopment
and postdevelopment conditions. All water from newly created impervious
areas which would otherwise run off the parcel shall be directed to an
infiltration device. Location of the infiltration devices shall be determined
based upon soil test results.
(b) Stormwater control measures may include, but shall not be limited to,
dry wells of precast concrete, pits of crushed rock lined with geotextile
fabric and infiltration trenches. Such measures may also include natural
and human-made landscape features such as depressions, blind ditches,
retention ponds, swales and others. Inlets to infiltration devices shall be
protected from sediment at all times in order to maintain their capacity.
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(c) Infiltration devices shall not be installed up gradient within 20 feet of
the subsurface treatment system of a wastewater treatment system.
Infiltration devices for roadways, parking lots and other areas subject to
vehicle traffic shall not be installed within 100 feet of any water well,
wetland or water body.
(d) Infiltration devices and buildings shall be designed to maintain maximum
attainable horizontal distance separation from wells, water bodies and
wetlands. Pumping stormwater shall not be permitted.
(e) The bottom of any infiltration device shall be a minimum of two feet above
seasonal high groundwater mark and two feet above bedrock.
(f) Temporary erosion controls shall be required to prevent siltation of water
bodies during construction and/or other development.
(g) stormwater control measures proposed to be installed at locations with
slope greater than 15% before grading, soil percolation rate slower than 60
minutes per inch or which require placement of fill to meet horizontal distance
separations specified in this subpart shall be designed by a licensed
professional engineer, architect or exempt land surveyor.
(3) Major projects. The following additional requirements shall apply to major
projects:
(a) As provided in Section 147-9, stormwater management practices for
major projects shall be designed and constructed in accordance with the
following technical documents:
[1 ] The New York State stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual)
[2] New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred to
as the Erosion Control Manual).
(b) stormwater volumes and rates of flow shall be calculated using the
methods specified in Schedule B, Part I. Editors Note: Schedule B is located
at the end of this chapter.
(c) Supplemental design requirements for stormwater control measures.
[1 ] stormwater control measures shall be designed so that there will be
no increase in runoff volume from aten-year frequency/twenty-four-hour
duration storm event following development over the predevelopment
volume.
[2] For storm events exceeding the ten-year design storm, the stormwater
control measures shall function to attenuate peak runoff flow rates for a
twenty-five-year frequency storm to be equal to or less than
predevelopment flow rates. For development greater than five acres,
consistent with New York State guidelines, stormwater control measures
shall function to attenuate peak runoff flow rates for cone-hundred-year
storm to be equal to or less than predevelopment flow rates. Attenuation
of the one-hundred-year storm is intended to reduce the rate of runoff
from development to prevent expansion of the one-hundred-year
floodplain so as to alleviate flooding of improved properties and roadways.
The minimum requirement for peak flow attenuation can be waived for the
one-hundred-year storm event where it can be proven that downstream
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flooding is not a concern, such as where excess stormwater runoff is
discharged to Lake George or to a regional stormwater facility designed to
handle additional volume and peak
discharge. The cumulative effect of all proposed development projects within
the watershed should be considered in making this determination. Rainfall
intensity curves for Lake George, New York, shall be used in the design of the
stormwater control measures. These curves are annexed to this chapter as
Schedule D, entitled "Rainfall Intensity Curves." Editor's Note: Schedule D is
located at the end of this chapter. Additionally, for development greater than
five acres, coverage is required under a state pollutant discharge elimination
system (SPDES) general stormwater permit administered by the Department
of Environmental Conservation.
[3] Infiltration devices shall be designed such that the bottom of the system
will be a minimum of two feet above the seasonal high groundwater level to be
realized following development. Where compliance with this requirement
would prevent compliance with subparagraph [5] below, compliance with this
requirement may be waived. This provision shall not apply to wet ponds and
similar stormwater control measures which are designed to be built in the
saturated soil zone.
[4] Infiltration devices for major projects shall be located a minimum of 100
feet from Lake George and any down-gradient drinking water supply, lake,
river, protected stream, water well, pond, wetland; a separation of more than
100 feet may be required in cases where contamination of the water supply is
possible due to highly permeable soils, shallow groundwater and similar
situations. The separation distance shall be a minimum of 50 feet from up-
gradient water supplies. Designs shall mitigate adverse effects that
groundwater recharge will have on adjacent wells, water supplies, wastewater
treatment systems, buildings, roadways, properties and stormwater control
measures. stormwater recharge areas shall be located a minimum of 100 feet
from the subsurface treatment system of a wastewater treatment system
unless it is demonstrated that a lesser separation will not adversely affect the
functioning of such leach fields.
[5] Infiltration devices shall be designed to extend a minimum of 10% of the
infiltration surface area below the prevailing frost depth or four feet (whichever
is greater) in order to provide infiltration during winter months.
[6] Infiltration devices shall be designed based on the infiltration capacity of
the soils present at the project site. Soil evaluation methods shall be in
accordance with Schedule B, Part II, Soil Evaluation Methods.
(d) Additional requirements for major projects.
[1 ] Order of preference for control measures:
[a] stormwater control measures shall be used in the following order of
preference:
[i] Infiltration devices.
[ii] Artificial wetlands and acceptable natural treatment systems. [iii]
Flow attenuation by use of open vegetated swales and depressions. [iv]
stormwater detention.
[b] stormwater control measures shall be selected by giving preference to
the best management practice for pollutant removal and flow attenuation
as
indicated in Schedule C. Editor's Note: Schedule C s located at the
end of th~s chapter.
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[2] All stormwater control measures shall be designed to completely
drain to return to design levels in accordance with the following:
Control Measure Number of Days
Infiltration basin 5
Infiltration trench 15
Dry well 15
Porous pavement 2
Vegetation depression 1
[3] Pretreatment devices such as sediment traps, detention/stilling
basins, filter strips, grassy swales or oil/water separators shall be
provided for runoff from paved areas or other areas subject to human-
induced pollution, including grease and oils, fertilizers, chemicals, road
salt, sediments, organic materials and settleable solids, which shall be
sufficient to remove pollutants from the runoff.
[4] stormwater control measures shall, at a minimum, incorporate the
best available pollutant removal technology, which shall mean that
which constitutes appropriate and cost-effective means for removing
pollutants from runoff so that the resulting treated stormwater will not
degrade the water quality of any water body.
[5] stormwater control measures shall be designed to preserve and
maintain the base flow in all streams passing through, adjoining or
receiving runoff from the site.
[6] For development or redevelopment occurring on a site where
development has previously occurred, the applicant shall be required to
prepare concept plans and to develop construction estimates for
stormwater control measures to control existing stormwater discharges
from the site in accordance with the standards of this chapter to the
maximum extent practicable. At a minimum, the control measures shall
include those reasonable and necessary to infiltrate the runoff from the
first one-half inch of precipitation from any storm event for all areas
within the site which have been previously developed. The phased
implementation of such stormwater control measures for previously
developed areas may be authorized.
J. Erosion control measures.
(1) Temporary erosion control shall be provided for all disturbed areas in
accordance with the "New York State Standards and Specifications for Erosion
and Sediment Control". The temporary erosion control measures shall be
maintained continuously until permanent control measures are in service.
(2) Staging of construction to facilitate erosion control shall be required. Only
those areas where construction is actively occurring shall remain open and
unvegetated. All areas that are not within an active construction area shall be
mulched and stabilized or shall be mulched and revegetated. An "active
construction area" is defined as one on which substantial construction activity
has occurred within the past seven calendar days. Temporary or permanent
erosion control measures shall be implemented within 10 days following the
last substantial construction activity.
(3) Compliance with the following restrictions shall be required:
(a) No vegetation shall be felled into any lake, pond, river, stream or
intermittent stream and if inadvertently felled into one of these water
bodies, shall be removed immediately from the water body.
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(b) For land with slopes greater than 15 percent or within 500 feet of the
mean high water mark of any lake, pond, river, stream or wetland, no land
area, including areas stockpiled with earthen materials, which has been
cleared may be made or left devoid of growing vegetation for more than
24 hours without a protective covering securely placed over the entire
area and/or erosion control measures properly installed.
(c)Any area of land from which the natural vegetative cover has been
either partially or wholly cleared or removed by development activities
shall be revegetated within 10 days from the substantial completion of
such clearing and construction. Acceptable revegetation shall consist of
the following:
[1 ] Reseeding with an annual or perennial cover crop accompanied
by placement of straw mulch or its equivalent of sufficient coverage,
but not less than 50% of the total disturbed area, to control erosion
until such time as the cover crop is established over 90% of the
seeded area.
[2] Replanting with native woody and herbaceous vegetation
accompanied by placement of straw mulch or its equivalent of
sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
[3] Any other recognized method which has been reviewed and
approved by the municipality as satisfying the intent of this
requirement.
(d) Any area of revegetation must exhibit survival of a minimum of 75%
of the cover crop throughout the year immediately following
revegetation. Revegetation must be repeated in successive years until
the minimum 75% survival for one year is achieved.
(e) Ground-clearing or grading activities which occur during the period
October 1 5 to April 15, during which germination of vegetation typically
will not take place, shall be required to incorporate extra measures
during revegetation in order to reduce erosion and maintain water
quality. These extra measures include, but are not limited to, the use of
screen mesh, netting, extra mulch and siltation fences.
§147-12. Inspections
A. Erosion and Sediment Control Inspections _The Town Stormwater
Management Officer may require such inspections as necessary to determine
compliance with this law and may either approve that portion of the work
completed or notify the applicant as to any part of the work which fails to
comply with the requirements of this law and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town enforcement official at least 48 hours before any of the
following as required by the Stormwater Management Officer:
1. Start of development
2. Installation of sediment and erosion control measures
3. Completion of site clearing
4. Completion of rough grading
5. Completion of final grading
6. Close of the construction season
7. Completion of final landscaping
8. Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified in
writing of the nature of the violation and the required corrective actions. No
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further work shall be conducted except for site stabilization to comply with this
law until any violations are corrected and all work previously completed has
received approval by the Stormwater Management Officer.
B. Stormwater Management Practice Inspections _The Town Stormwater
Management Officer, is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit "as built"
plans for any stormwater management practices located on-site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by a professional
engineer.
C. Inspection of Stormwater Facilities After Project Completion _
Inspection programs shall be established on any reasonable basis, including
but not limited to: routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the
SPDES stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
D. Submission of Reports _The Stormwater Management Officer may
require monitoring and reporting from entities subject to this law as are
necessary to determine compliance with this law.
E. Right-of-Entry for Inspection _When any new stormwater management
facility is installed on private property or when any new connection is made
between private property and the public storm water system, the landowner
shall grant to the Town and the Town Engineer the right to enter the property
at reasonable times and in a reasonable manner for the purpose of inspection
as specified in paragraph C above.
§147-1 3. Performance Guarantee
A. Construction Completion Guarantee _In order to ensure the full and
faithful completion of all land development activities related to compliance with
all conditions set forth by the Town in its approval of the Stormwater Pollution
Prevention Plan, the Town may require the applicant or developer to provide,
prior to any construction or other development, a performance bond, cash
escrow, or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project and names
the Town as the beneficiary. The security shall be in an amount to be
determined by the Town based on submission of final design plans, with
reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from liability by
theTown, provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies) have
been
constructed in accordance with the approved plans and specifications and that
a one year inspection has been conducted and the facilities have been found
to be acceptable to the Town. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from liability.
B. Maintenance Guarantee _Where stormwater management and erosion
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and sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or industrial
facility, the developer, prior to construction or other development, may be
required to provide the Town with an irrevocable letter of credit from an
approved financial institution or surety to ensure proper operation and
maintenance of all stormwater management and erosion control facilities both
during and after construction or other development, and until the facilities are
removed from operation. If the developer or landowner fails to properly
operate and maintain stormwater management and erosion and sediment
control facilities, the Town may draw upon the account to cover the costs of
proper operation and maintenance, including engineering and inspection
costs.
C. Record keeping _The Town may require entities subject to this law to
maintain records demonstrating compliance with this law.
§147-14. Enforcement and Penalties
A. Violations _Any Land Development Activity that is commenced or is
conducted contrary to this local law, may be restrained by injunction or
otherwise abated in a manner provided by law.
B. Notice of Violation.
(1) When the stormwater Management Officer determines that a Land
Development Activity is not being carried out in accordance with the
requirements of this local law, it may issue a written notice of violation to
the landowner. The notice of violation shall contain:
(a) the name and address of the landowner, developer or applicant;
(b) the address when available or a description of the building,
structure or land upon which the violation is occurring;
(c)a statement specifying the nature of the violation;
(d) a description of the remedial measures necessary to bring the Land
Development Activity into compliance with this local law and a time
schedule for the completion of such remedial action;
(e) a statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f) a statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within fifteen (15)
days of service of notice of violation.
(2) The notice of violation shall be served upon the person(s) to whom it is
directed either personally, in a manner provided for personal service of
notices by the court of local jurisdiction, or by mailing a copy of the notice of
violation by certified mail, postage prepaid, return receipt requested, to
such person at his or her last known address.
(3) A notice of violation issued in accordance with this section constitutes a
determination from which an administrative appeal may be taken to the
Town.
C. Stop Work Orders _The Town may issue a Stop Work Order for violations
of this law. Persons receiving a Stop Work Order shall be required to halt all
land development activities, except those activities that address the violations
leading to the Stop Work Order. The Stop Work Order shall be in effect until
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the Town confirms that the Land Development Activity is in compliance and
the violation has been satisfactorily addressed. Failure to address a Stop Work
Order in a timely manner may result in civil, criminal, or monetary penalties in
accordance with the enforcement measures authorized in this local law.
D. Penalties _ In addition to or as an alternative to any other penalty provided
herein or by law, any person who violates the provisions of this local law shall
be guilty of a violation punishable by a fine not exceeding three hundred fifty
dollars ($350) or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense both of
which were committed within a period of five years, punishable by a fine not
less than three hundred fifty dollars nor more than seven hundred dollars
($700) or imprisonment for a period not to exceed six months, or both; and
upon conviction for a third or subsequent offense all of which were committed
within a period of five years, punishable by a fine not less than seven hundred
dollars nor more than one thousand dollars ($1000) or imprisonment for a
period not to exceed six months, or both. However, for the purposes of
conferring jurisdiction upon courts and judicial officers generally, violations of
this local law shall be deemed misdemeanors and for such purpose only all
provisions of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional violation.
E. Withholding of Certificate of Occupancy _If any building or Land
Development Activity is installed or conducted in violation of this local law the
Stormwater Management Officer may prevent the occupancy of said building
or land by withholding issuance of a Certificate of Occupancy.
F. Restoration of lands _Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken within a
reasonable time after notice, the Town may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
§147-15. Fees for Services
The Town may require any person undertaking land development activities
regulated by this law to pay reasonable costs at prevailing rates for review of
SWPPPs, inspections, or SMP maintenance performed by the Town or
performed by a third party for the Town.
SCHEDULE A
DEFINITIONS
Whenever used in this Chapter, or in documents prepared and reviewed under
this Chapter, the following terms shall have the meanings set forth below unless:
(1) a different meaning is stated in a definition applicable to only a portion of this
Chapter and/or (2) the definition of the same term under Chapter 179 of the
Town Code when applied under this Chapter would be more restrictive, in which
case the definition from Chapter 179 shall apply:
AGRICULTURAL ACTIVITIES -The activities of an active farm, including grazing
and watering livestock, irrigating crops, harvesting crops, using land for growing
agricultural products and cutting timber for sale, but shall not include the
operation of a dude ranch or similar operation or the construction of new
structures associated with agricultural activities.
APPLICANT _A property owner or agent of a property owner who has filed an
application for a land development activity.
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BASE FLOW _The stream discharge from groundwater runoff.
BLIND DRAIN _A drain consisting of an excavated trench refilled with pervious
materials, such as coarse sand gravel or crushed stone through which water
percolates and flows toward an outlet, often referred to as a "French drain."
BUILDING -Any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal, or property, and occupying
more than 100 square feet of area.
BUILDING FOOTPRINT _That two-dimensional plane area of a building or
structure which results when the height dimension is removed and which shows
an aerial view of said building or structure, including garages, sheds, porches,
eaves, covered breezeways, entryways and other similar attached
appurtenances.
CATCH BASIN _An inlet structure for the collection of stormwater from
impervious surfaces designed with a sump to trap sediment.
CHANNEL -A natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
CLEARING -Any activity that removes the vegetative surface cover.
COMMISSION _The Lake George Park Commission.
DEDICATION _The deliberate appropriation of property by its owner for general
public use.
DEPARTMENT _The Department of Environmental Conservation of the State of
New York.
DESIGN MANUAL _The New York State stormwater Management Design
Manual, most recent version including applicable updates, that serves as the
official guide for stormwater management principles, methods and practices.
DETENTION _The practice and procedures associated with the delayed release
of stormwater so as to reduce peak flow, maintain base flow, increase
opportunity for recharge to groundwater and reduce opportunity for surface runoff
and soil erosion.
DETENTION STRUCTURE _A permanent structure for the temporary storage of
runoff which is designed so as not to create a permanent pool of water.
DEVELOP LAND _To change the runoff characteristics of a parcel of land in
conjunction with residential, commercial, industrial or institutional construction or
alteration.
DEVELOPER _A person who undertakes land development activities.
DEVELOPMENT _Any building, construction, expansion, alteration, modification,
demolition or other activity, including land clearing, land disturbance, grading,
excavating, filling, soil disturbance, roadway construction or expansion, mining or
mineral extraction which materially changes the use or appearance of land or a
structure, or the intensity of the use of land, or the creation of a subdivision which
may result in such activity, but not including interior renovations to a structure, a
change in use of a structure which results in no land disturbance or the
construction or modification of a dock, wharf or mooring.
DEVELOPMENT AREA OR SITE _Any parcel of property or lot or combination of
contiguous lots which are in common ownership or are in diverse ownership
where development is to occur in common. For the purposes of this chapter,
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contiguous lands shall include those separated by a public highway.
DISTURBED AREA _That part of a development site area where actual land
disturbance, vegetation removal or construction of buildings, structures or
utilities, and/or other development will occur or has occurred.
DRAINAGE AREA _All of the area of land contributing runoff flow to a single
point.
EROSION _The wearing away of the land surface by water, wind or ice or the
detachment and movement of soil or rock fragments by water, wind, ice or
gravity.
EROSION CONTROL MANUAL _The most recent version of the "New York
Standards and Specifications for Erosion and Sediment Control" manual,
commonly known as the "Blue Book".
FILTER STRIP _A strip of permanent vegetation above ponds, diversion terraces
and other structures to retard flow of runoff, causing deposition of transported
material, thereby reducing sediment flow.
FLOW ATTENUATION _Prolonging the flow time of runoff to reduce the peak
discharge. GRADING -Excavation or fill of material, including the resulting
conditions thereof.
HYDROGRAPH _A graph showing variation in stage (depth) or discharge of a
stream of water over a period of time.
IMPERVIOUS AREA or COVER _Those surfaces, improvements and structures
that cannot effectively infiltrate rainfall, snow melt and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT _A State Pollutant Discharge Elimination
System permit issued to a commercial industry or group of industries which
regulates the pollutant levels associated with industrial stormwater discharges or
specifies on-site pollution control strategies.
INFILTRATION _The downward movement of water from the surface to the
subsoil; the process of percolating stormwater into the subsoil. Infiltration rate is
typically expressed as inches per hour.
INFILTRATION DEVICE _A stormwater recharge area, dry well, recharge basin,
retention basin or any other engineered structure designed to infiltrate
stormwater.
INFILTRATION RATE _A soil characteristic determining or describing the
maximum rate at which water can enter the soil under specified conditions,
including the presence of an excess of water.
JURISDICTIONAL WETLAND _An area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support a
prevalence of vegetatjon typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
LAND DEVELOPMENT ACTIVITY _Subdivision of land or building or
construction activity, including clearing, grading, excavating, soil disturbance or
placement of fill, that will result in land disturbance of equal to or greater than one
acre, or activities disturbing less than one acre of total land area that is part of a
larger common plan of development or sale, even though multiple separate and
distinct land development activities may take place at different times on different
schedules.
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LANDOWNER _The legal or beneficial owner of land, including those holding the
right to purchase or lease the land, or any other person holding proprietary rights
in the land.
LAND DISTURBANCE or LAND CLEARING -Grading, digging, cutting, scraping
excavating, removing of soil, placement of fill, paving or otherwise covering,
construction, substantial removal of natural or human-placed vegetation,
replacement of natural vegetation with lawn or other human-placed vegetation,
demolition or other removal of human-made features, or any activity which bares
soil or rock. For the purposes of calculating the square footage affected by any
development in order to determine a project's classification, all affected areas of
the development site shall be considered in aggregate, whether or not the
affected areas are contiguous.
MAINTENANCE AGREEMENT _A legally recorded document that acts as a
property deed restriction, and which provides for long-term maintenance of
stormwater management practices.
MULCH _A natural or artificial layer of plant residue or other materials, such as
sand or paper, on the soil surface which reduces erosion, maintains soil moisture
and facilitates seed germination.
MUNICIPALITY _The Town of Queensbury, sometimes also referred to as the
"Town".
NON-POINT SOURCE _Any source from which pollutants are or may be
discharged which is not a point source.
NON-POINT SOURCE POLLUTION _Pollution from any source other than from
any discernible, confined, and discrete conveyances, and shall include, but not
be limited to, pollutants from agricultural, sllvicultural, mining, construction,
subsurface disposal and urban runoff sources.
OFFERING PLAN _A prospectus as required by §352-e of the General Business
Law.
PEAK FLOW _The maximum instantaneous flow of water from a given condition
at a specific location.
PERSON _Any individual, firm, partnership, club, trust, company, association,
cooperative, corporation (including a government corporation), municipality, the
state or federal government and any agency thereof.
PHASING -Clearing a parcel of land in distinct pieces or parts, with the
stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN sediment or a water quality measurement that
addresses
sediment (such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any water body that
will receive a discharge from
the land development activity.
POLLUTION _ The condition caused by the presence in the environment of
substances of
such character and in such quantities that the quality of the environment is
impaired or rendered offensive to life.
POLLUTION SOURCE CONTROLS -The structures and practices used in
reducing contaminants from point and/or non-point sources.
POROUS PAVEMENT _ An open-graded paving material which allows water to
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pass through
it.
PREDEVELOPMENT _Those site conditions which legally existed prior to them,
commencement of any activity regulated by this chapter.
PROJECT _Any land use or development activity proposed by an applicant which
is subject to this Chapter.
PROJECT LIFE _The anticipated or actual time a project will be used, utilized or
remain in functional existence.
RAINFALL INTENSITY _ The rate at which rain is falling at any given instant,
usually expressed in inches per hour.
RATIONAL METHOD _ A widely accepted method for calculating stormwater
runoff, volume and rates of flow for stormwater shed areas up to 20 acres.
RECHARGE _The replenishment of underground water reserves.
REDEVELOPMENT _Any activity which alters a previously developed site.
RETENTION _The practice of holding or directing stormwater, except that portion
evaporated or bypassed in an emergency, in or to a given area so that all the
stormwater will be infiltrated into the subsoil.
RETENTION POND _A recharge basin which is designed to infiltrate all of the
stormwater it receives and which normally has no outflow.
REVEGETATION _The natural or artificial replacement of vegetation on a project
site to reduce erosion, decrease runoff, improve water quality and improve
aesthetic qualities of exposed soils.
RUNOFF CONTROLS -Those structures and/or devices, including, but not
limited to, dry wells, porous pavements, ditches, wetlands, holding ponds,
recharge areas and
retention/detention basins, which recharge groundwater and provide for peak
flow attenuation.
SEDIMENT CONTROL _ Measures that prevent eroded sediment from leaving
the site.
SENSITIVE AREAS -Cold water fisheries, shellfish beds, swimming beaches,
groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered or
special concern species.
SIGNIFICANT HABITAT _That area or region important in fulfilling the daily or
seasonal habitat requirements of any species of plant or animal designated as
endangered, threatened, rare or of special concern by the Department pursuant
to Environmental Conservation Law §11-0535 and §9-1 503 and the
Department's regulations thereunder or by any individual species or any group or
natural community of non-listed plants and animals of significant economic,
recreational, aesthetic, ecological or scientific importance.
SILTATION TRAP _A structure designed to trap sand and silt-sized particulate
matter from stormwater.
SILVICULTURAL ACTIVITY _The management of any forested tract of land to
ensure its continued survival and welfare whether for commercial or
noncommercial purposes.
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SITE _See "development area."
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 _A
permit under the New York State Pollutant Discharge Elimination System
(SPDES) issued to developers of construction activities to regulate disturbance of
one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM
MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 _A
permit under the New York State Pollutant Discharge Elimination System
(SPDES) issued to municipalities to regulate discharges from municipal separate
storm sewers for compliance with EPA established water quality standards
and/or to specify stormwater control standards.
STOP WORK ORDER _An order issued which requires that all construction
activity and/or other development on a site be stopped.
STORM WATER _Rain water, surface runoff, snowmelt and drainage.
STORMWATER CONTROL MEASURES -All those natural and man-made
structures, infiltration devices, erosion controls, systems, facilities, agreements,
institutional arrangements and financial provisions to manage stormwater,
including, but not limited to, any of the following:
dry wells, pits of crushed rock, infiltration trenches, retention ponds, detention
ponds, blind ditches, swales, pipes, culverts, natural depressions, porous paving,
recharge areas and basins.
STORM WATER DESIGN PLAN _The written narrative, maps and diagrams
prepared for the purpose of runoff control on a specific development site, based
upon survey and analysis of the site.
STORMWATER HOTSPOT _A land use or activity that generates higher
concentrations of hydrocarbons, trace metals or toxicants than are found in
typical stormwater runoff, based on monitoring studies. [MS4]
STORM WATER MANAGEMENT _The use of structural or non-structural
practices that are designed to reduce stormwater runoff and mitigate its adverse
impacts on property, natural resources and the environment.
A. For quantitative control, a system of vegetative and structural measures
that control the increased volume and rate of surface runoff caused by
humanmade changes to the land; and
B. For qualitative control, a system of vegetative, structural and other
measures that reduces or eliminates pollutants that might otherwise be
carried by surface runoff.
STORMWATER MANAGEMENT FACILITY _One or a series of stormwater
management practices installed, stabilized and operating for the purpose of
controlling stormwater runoff.
STORMWATER MANAGEMENT MAINTENANCE AGREEMENT _An agreement
between the project sponsor and some other entity to ensure adequate
maintenance and repair of the stormwater management system over the life of
the project.
STORMWATER MANAGEMENT OFFICER (SMO) -Town employees(s) or other
public official(s) designated by the Town Board to administer and enforce the
provisions of this Chapter. The SMO(s) may also be designated by the Town
Board to administer and enforce Chapter 146 of the Town Code, or the Town
Board may designate one or more other SMOs for that purpose. Under this
Chapter, the designated SMO is authorized, among other responsibilities, to
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accept and review stormwater pollution prevention plans, forward the plans to the
applicable municipal board and inspect stormwater management practices.
STORM WATER MANAGEMENT PLAN or PLAN _A local stormwater
management plan
adopted by a municipality pursuant to this subpart and Environmental
Conservation Law § 43-
0112.
STORMWATER MANAGEMENT PRACTICES (SMP5) _Measures, either
structural or nonstructural, that are determined to be the most effective, practical
means of preventing flood damage and preventing or reducing point source or
non-point source pollution inputs to stormwater runoff and water bodies.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) _A plan for
controlling stormwater runoff and pollutants from a site during and after
construction activities and/or other development.
STORM WATER RUNOFF _Flow on the surface of the ground, resulting from
precipitation.
STORMWATER RECHARGE AREA _An area of land used for the purpose of
infiltrating stormwater.
STORMWATER REGULATORY PROGRAM or PROGRAM _A local stormwater
regulatory control program adopted by a municipality pursuant to 6 NYCRR 646-
4 and Environmental Conservation Law § 43-0 1 12.
STORMWATER RUNOFF _Any surface water runoff or runoff in channels which
results directly either from a rainstorm or from the melting of snow pack.
STREAM _Includes any permanent or intermittent watercourse.
STREAM CORRIDOR _That area within 100 feet of the high water mark of any
stream or river protected and/or regulated by the New York State Department of
Environmental Conservation, or wetlands adjacent thereto.
SUBCATCHMENT _An identifiable drainage area contained within a larger
watershed or drainage area.
SUBDIVISION _A division of any land into two or more lots, parcels or sites,
whether the new lots are adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy by any person, including the
conveyance of lands in common ownership which are divided only by a road or
utility right-of-way. Creation of a condominium or townhouse project shall be
considered a subdivision. This definition shall not apply to
conveyances of small parcels of land to correct a boundary of a lot, so long as
such conveyance does not create additional lots.
SURFACE WATER RUNOFF _Water which flows over the land and does not
percolate into the soil, and which may run off as a sheet, nll or stream flow.
SURFACE WATERS OF THE STATE OF NEW YORK _Lakes, bays, sounds,
ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state
of New York and all other bodies of surface water, natural or artificial, inland or
coastal, fresh or salt, public or private (except those private waters that do not
combine or effect a junction with natural surface or underground waters), which
are wholly or partially within or bordering the state or within its jurisdiction. Storm
sewers and waste treatment systems, including treatment ponds or lagoons
which also meet the criteria of this definition are not waters of the state. This
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 611
exclusion applies only to manmade bodies of water which neither were originally
created in waters of the state (such as a disposal area in wetlands) nor resulted
from impoundment of waters of the state.
TIME OF CONCENTRATION _The time required for water to flow from the most
remote point of a watershed, in a hydraulic sense, to the outlet.
WATER BODY _Any lake, pond, river, stream, intermittent stream or wetland.
WATER TABLE _The upper surface or top of the saturated portion of the soil or
bedrock layer, indicating the upper extent of groundwater.
WATERCOURSE _A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERSHED _The total drainage area contributing runoff to a single point.
WATERWAY _A channel that directs surface runoff to a watercourse or to the
public storm drain.
SCHEDULE B
ENGINEERING SPECIFICATIONS FOR DESIGN PROFESSIONALS
Part I
Methodologies for Determining Runoff Volumes
stormwater volumes and rates of flow shall be calculated using the following
methods:
(1) For small watershed areas (up to 20 acres), the rational method may be
used; and
(2) For larger watershed areas (up to 2,000 acres), and as the overall
preferred method, the United States Department of Agriculture method shall
be used. (This method is described in "Urban Hydrology for Small
Watersheds-Technical Release 55."); or
(3) Any other equivalent and widely accepted method may be used.
Part II
Soil Evaluation Methods
The design infiltration rate shall be based on the results of hydrogeologic studies
performed by the applicant during preparation of the stormwater control report.
The studies shall include test pits or borings located to present a clean picture of
geologic and hydrologic conditions existing at the site and the areas, both on and
off the site, affecting, onto be affected by, the development. A minimum of three
subsurface excavations shall be conducted, and the results shall be included in
the SCR. Interpretive logs of all excavations shall be submitted with the report.
Hydrogeologic interpretations and conclusions shall be developed by qualified
persons only. Following design of infiltration devices, additional subsurface
investigations to confirm soil and groundwater conditions will be required in the
areas proposed for infiltration devices. The design of any project or development
shall ensure that the ability to manage stormwater is not affected by the
placement of structures on those soils on locations best suited for stormwater
management purposes.
SCHEDULE C
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7
COMPARATIVE POLLUTANT REMOVAL OF URBAN BMP DESIGNS
[CHART FROM CURRENT CHAPTER 147]
Design 1: First-flush runoff volume detained for 6-12 hours.
Design 2: Runoff volume produced by 1 .0 inch, detained 24 hours.
Design 3: As in Design 2, but with shallow marsh in bottom stage.
Design 4: Permanent pool equal to 0.5 inch storage per impervious acre.
Design 5: Permanent pool equal to 2.5 (Vr); where Vr =mean storm runoff.
Design 6: Permanent pool equal to 4.0 (Vr); approximately 2 weeks' retention.
Design 7: Facility exfiltrates first-flush; 0.5 inch runoff/impervious acre.
Design 8: Facility exfiltrates one inch runoff volume per impervious acre.
Design 9: Facility exfiltnates all runoff, up to the two-year design storm.
Design 10: 400 cubic feet wet storage per impervious acne.
Design 11:20-foot wide turf strip.
Design 12: 100-foot wide forested strip, with level spreader.
Design 13: High slope swales, with no check dams.
Design 14: Low gradient swales with check dams.
SCHEDULE D
RAINFALL INTENSITY CURVES FOR LAKE GEORGE, NEW YORK
[GRAPH FROM CURRENT CHAPTER 147]
SCHEDULE E
SAMPLE STORMWATER CONTROL FACILITY
MAINTENANCE AGREEMENT
612
Whereas, the Town of Queensbury (`Municipality') and (the "facility
owner") want to enter into an agreement to provide for the long term
maintenance and continuation of stormwater control measures approved by the
Municipality for the below named project, and
Whereas, the Municipality and the facility owner desire that the stormwater
control measures be built in accordance with the approved project plans and
thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity
in order to ensure optimum performance of the components. Therefore, the
Municipality and the facility owner agree as follows:
I. This agreement binds the Municipality and the facility owner, its
successors and assigns, to the maintenance provisions depicted in the approved
project plans which are attached as Schedule A of this agreement.
2. The facility owner shall maintain, clean, repair, replace and
continue the stormwater control measures depicted in Schedule A as necessary
to ensure optimum performance of the measures to design specifications. The
stormwater control measures shall include, but shall not be limited to, the
following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes,
culverts, soil absorption devices and retention ponds.
3. The facility owner shall be responsible for all expenses related to
the maintenance of the stormwater control measures and shall establish a means
for the collection and distribution of expenses among parties for any commonly
owned facilities.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 613
4. The facility owner shall provide for the periodic inspection of the
stormwater control measures, not less than once in every five year period, to
determine the condition and integrity of the measures. Such inspection shall be
performed by a Professional Engineer licensed by the State of New York. The
inspecting engineer shall prepare and submit to the Municipality within 30 days of
the inspection, a written report of the findings including recommendations for
those actions necessary for the continuation of the stormwaten control measures.
5. The facility owner shall not authorize, undertake or permit
alteration, abandonment, modification or discontinuation of the stormwater
control measures except in accordance with written approval of the Municipality.
6. The facility owner shall undertake necessary repairs and
replacement of the stormwater control measures at the direction of the
Municipality or in accordance with the recommendations of the inspecting
engineer.
7. The facility owner shall provide to the Municipality within 30 days of
the date of this agreement, a security for the maintenance and continuation of the
stormwater control measures in the form of a (Bond, letter of credit or escrow
account).
8. This agreement shall be recorded in the Office of the County Clerk,
County of Warren, together with the deed for the common property and shall be
included in the offering plan and/or prospectus approved pursuant to
9. If ever the Municipality determines that the facility owner has failed
to construct or maintain the stormwater control measures in accordance with the
project plan or has failed to undertake corrective action specified by the
Municipality or by the inspecting engineer, the Municipality is authorized to
undertake such steps as reasonably necessary for the preservation, continuation
or maintenance of the stormwater control measures and to affix the expenses
thereof as a lien against the property.
10. This agreement is effective beginning on:
C. Section 178-6 of the Queensbury Town Code, entitled "Two-lot
residential subdivision review" is hereby amended by adding the following new
subparagraph A.(8):
(8)The proposed subdivision is in compliance with the requirements of
Town Code
Chapter 147 _stormwater Management.
D. Article 6 of Chapter 179 of the Queensbury Town Code, entitled
"Environmental and Performance Standards" is hereby amended as follows:
(i)Paragraph B of Section 179-6-070 entitled "Soil and erosion
control" is
hereby amended to read as follows:
B. Guidelines. Unless the standards in Subsection C below are
more restrictive, the applicant shall conform to the requirements of
Town Code Chapter 147 _stormwater Management.
(ii) Paragraph A. of Section 179-6-080 entitled "stormwater runoff" is
hereby amended to read as follows:
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 614
A. A Stormwater Pollution Prevention Plan consistent with the
requirements of Town Code Chapter 147 _Stormwater
Management shall be required as part of the site plan approval
process.
E. Article 9 of Chapter 179 of the Queensbury Town Code, entitled "Site
Plan Review" is hereby amended as follows:
(i) Section 179-9-050 entitled "Application for site plan review" is
hereby amended by adding the following new paragraph D.:
D. Stormwater Pollution Prevention Plan consistent with the
requirements of Town Code Chapter 147 _Stormwater
Management.
F. Article 16 of Chapter 179 of the Queensbury Town Code, entitled
"Administration" is hereby amended as follows:
(i) Section 179-16-090 entitled "Zoning permits" is hereby amended
by adding the following new paragraph C.:
C. No zoning permit shall be issued unless and until the applicant
has complied with the requirements of Town Code Chapter 147 _
Stormwater Management.
G. Appendix A-183 of the Queensbury Town Code, entitled "Subdivision
of Land" is hereby amended as follows:
(i) Article I entitled General Provisions is amended by adding the
following new Section AI 83-4:
§A183-4. Conformance with Stormwater Management
Requirements.
Subdivisions shall also comply with the provisions of Town Code
Chapter 147 _Stormwater Management.
(ii) Section AI 83-9 entitled "Plat details and requirements" is hereby
amended as follows:
(a) Paragraph F is amended to read as follows:
F. Grading plan. A grading plan shall be prepared at a scale
of one inch equals 50 feet zero inches. Such plan shall show
the following:
(1) A generalized grading and drainage plan (does not
require spot grades or slope designation).
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 615
(2) Any phasing of tree removal and/or construction.
(b) Paragraph G is deleted in its entirety.
(c) The following new Paragraph J is added.
J. Stormwater Pollution Prevention Plan consistent with the
requirements of Town Code Chapter 147 _Stormwater
Management.
(iii) Section AI 83-12 entitled "Plat details and requirements" is hereby
amended as follows:
(a) Paragraphs C.(I) and (4) are deleted in their entirety.
(b) The following new Paragraph C.(4) is added.
(4) A Stormwater Pollution Prevention Plan consistent with the
requirements of Town Code Chapter 147- Stormwater Management and
with the terms of preliminary plat approval.
(iv) Section AI 83-26 entitled "Erosion control" is hereby amended to read as
follows:
Erosion, sedimentation and stormwater runoff shall be controlled prior to,
during and after site preparation and construction in conformity with Town
Code Chapter 147 _Stormwater Management.
(v) Section AI 83-27 entitled "Storm drainage" is hereby amended to read as
follows:
A. General. Storm drainage shall be controlled prior to, during and after
site preparation and construction in conformity with Town Code Chapter
147 _Stormwater Management.
B. Supplementary requirements.
(1) General.
(a) A storm drainage plan must be approved by the Highway
Superintendent and the Planning Board. Such plan shall
encompass all drainage elements for the drainage of the
subdivision, areas feeding the subdivision and areas downstream
from the subdivision. Said plan should be submitted with evidence
of the use of acceptable engineering standards.
(b) Drainage plans and facilities in any new development shall be
designed with the goal of minimizing runoff and the potential for any
structural damage due to flooding.
(c) Drainage patterns and points of stormwater discharge from the
subdivision should be the same as before construction. Water retention
or detention basins should be used when required to maintain
preconstruction stormwaten discharge rates.(2) Design of storm sewer
systems.
(a) Manholes shall be provided at intervals not exceeding 300 feet.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 616
The manhole details shall be in accordance with the Standard Detail
sheets.
(3) Design of open channels and culverts.
(a) Driveway culverts shall be approved by the Highway
Superintendent and be a minimum of 12 inches in diameter
and shall have a minimum cover of 12 inches from edge of
the driveway pavement to the top of the pipe. All driveway
culverts shall be provided with end sections.
(b) The design of new development adjacent to existing or
new drainage channels shall be done in a manner such
that full, usable side and back yard areas are maintained.
In instances where easements are required on a drainage
channel, the side and rear setback areas specified by
zoning shall not include any area within an easement for an
open channel. This restriction does not apply to closed
storm sewer systems.
(c) On new or existing drainage channels where
easements to the Town are required, a minimum ten-foot
wide level area at the top of one side of the channel bank
will be required for the purposes of future maintenance.
(d) Drainage easements of a minimum 20 feet in width
shall be provided to the Town for all storm sewers and
channels located outside the street right-of-way.
(4) Development adjacent to Hudson River, Halfway Brook,
Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond,
Dream Lake. Glen Lake or Dunham's Bay Wetlands. Particular
care shall be taken regarding any development adjacent to the
floodplains for the Hudson River, Halfway Brook, Factory Brook,
Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen
Lake or Dunham's Bay Wetland. All structural openings to new
buildings shall be a minimum of two feet above the most recent
estimate of the one-hundred-year frequency flood, as specified
on the Hudson Flood Prone Areas Map. The Town reserves the
right to require more stringent requirements, depending on the
nature and location of the proposed development. For all
development adjacent to the floodplains for the Hudson River,
Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond,
Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland,
the intermediate regional flood level (one-hundred-year
frequency storm) shall be clearly shown on each site plan sheet
within the floodplain.
ARTICLE 3. Severability. The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence,
paragraph or part thereof.
ARTICLE 4. Repealer. All Local Laws or ordinances or parts of Local Laws
or ordinances in conflict with any part of this Local law are hereby
repealed.
ARTICLE 5. Effective Date. This Local Law shall take effect upon filing in
the office of the New York State Secretary of State or as otherwise
provided by law.
3.0 PRIVILEGE OF THE FLOOR
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 617
PLINEY TUCKER-Spoke to the board regarding the package that West Glens Falls Fire
Company is getting into asked if someone is threatening to sue the fire company over this
money?
SUPERVISOR STEC-No. West Glens Falls Fire intimated to the Town that their
concern centered on a liability concern that they wanted an added layer of liability
protection. North Queensbury Fire they are looking for cleanliness thinks that Mr.
Salvador's inquiries have caused them some frustration they are trying to structure
themselves in a way where it is easier for everyone to understand there is more of a
financial housekeeping goal that they are trying to achieve.
MR. TUCKER-Asked if the meetings with the fire companies will be opened to the
public?
SUPERVISOR STEC-They would be in a Workshop technically they could be a subject
of Executive Session.
MR. TUCKER-Asked if there was any cost to the West Glens Falls Fire Company for the
use of the fire station if it is transferred?
SUPERVISOR STEC-There is no new Town or taxpayer money involved. There was
nothing in the old contract that said if you want to sell a piece of real estate you have to
get the permission from the Town added this to the new contract for all five fire
companies and all three Rescue Squads.
MR. TUCKER-Asked how much is the property value in the Town of Queensbury
dropped due to the situation we are in economically?
SUPERVISOR STEC-I have no idea.
COUNCILMAN MONTESI-More important question what is happening to sales tax
revenue?
SUPERVISOR STEC-The total for the year the Town's revenues were up one point one
percent over last year. We budgeted eight million dollars gross and we collected just shy
of eight million seventy thousand this is current as of the end of the fourth quarter.
MR. TUCKER-Spoke to the board regarding the group in North Queensbury that went to
court over the reval asked the status of the deal that was put together where the Town
settled with fifty eight of them.
SUPERVISOR STEC-There is nothing new on this. There was sixty eight out of the
sixty eight forty eight accepted the deal seven or eight months ago the rest of the lawsuit
is still out there.
CHRIS NAVITSKY-Spoke to the board regarding his concerns for the water quality of
Lake George also spoke regarding Supervisor Stec attending a meeting for the Fund for
Lake George stating he would step up to the plate and help protect Lake George measures
for water quality. Spoke regarding the meeting that was held last Friday at the Warren
County Board of Supervisors that they passed a resolution opposing the proposed
resolution, understands that Supervisor Stec voted to support the resolution.
SUPERVISOR STEC-All twenty Supervisors voted to support that resolution including
me.
MR. NAVITSKY-Concerned that this would contradict protection measures for Lake
George asked if the board was familiar with the regulations, which are proposed to
protect the lake.
SUPERVISOR STEC-They are.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 618
MR. NAVITSKY-Asked if the board would consider a resolution in support of these
regulations.
SUPERVISOR STEC-I don't think that I would. Spoke regarding a letter he wrote four
or five years ago that said the lake is important we need to try to protect it I don't think
this is a blank check to say I am going to support whatever regulations that comes down.
One of my main concerns is with the stream regulations as proposed not sure that they
were rolled out effectively to all the municipalities and the county that was a big part of
the problem that a lot of the Supervisors had at the county. Looking at the impact that it
had it affects dozens if not hundreds of properties in Horicon and Warrensburg that are
not on Lake George these properties can't see Lake George from where they are putting a
burden on that property owner. Thinks there is more effort that needs to be put in by the
Park Commission to make sure that they are explaining it. A public hearing will be held
there will be a morning session and evening session tomorrow. In addition to Warren
County unanimously passing a resolution opposed the communities of Warrensburg and
Horican, Lake George, and Bolton, and Hague those Town Boards have all unanimously
opposed the regulations as well.
MR. NAVITSKY-Appreciates that. The communities Horicon and Warrensburg do drain
to Lake George it does not matter if they see it. To clarify the Towns referenced that
voted to oppose the regulations there are significant errors in the resolution. Offered the
ability to the board to provide information at a future Workshop agrees that there is
improvement that can be made in the process it is imperative that we get regulations to
protect the lake. Spoke to the board regarding Planning and Zoning Board replacements
encourage the board to continue to keep a balanced opinion with all members. Also,
asked the board to consider that all candidates be informed regarding the ability for the
public to comment at public hearings.
COUNCILMAN STROUGH-Thinks it is important to be informed and not fall into the
whole of misinformation noting he has heard a lot lately in reference to the stream
corridor management, which he supports. Many of the concerns that people have brought
up Lake George Park Commission has listed those concerns and addressed it there is the
generic Environmental Impact Statement that surrounds it recommended reading the
statement, read this and would support a resolution in favor of it.
SKIP STRANAHAN-Asked Councilman Metivier if he was aware of any cutting on
French Mountain asked if there are any projects going on there.
COUNCILMAN METIVIER-There was something, the State beyond that I know of
nothing.
MR. STRANAHAN-There is a hundred and ten acre cut being done on French Mountain
right now without a forester present that will be cut by the diameter the same as
Macchio's did on their property it is going in front of the Planning Board, March 3ra
noting he needs to be aware of this noting it is a landlocked parcel asked Councilman
Metivier to look into this. Spoke to the board regarding the Town making a settlement
with the Macchio's, which doesn't include his property asked if they are entitled to a
notice or discussion at any point. Spoke to the board regarding the status of the signage
in front of his office.
COUNCILMAN BREWER-Presumes that the State is going to make you move the sign
it is going to be something similar to what we are doing on Main Street.
ATTORNEY HAFNER-On Main Street you had to change the law it only applied to
Main Street recommended Mr. Stranahan contacting Craig Brown regarding the sign.
MR. STRANAHAN-Asked if they will need permits.
ATTORNEY HAFNER-Recommended contacting Craig Brown the board doesn't handle
those types of permits.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 619
SUPERVISOR STEC-Will ask Craig Brown regarding the broader picture, recommended
him contacting Craig Brown.
COUNCILMAN MONTESI-Spoke regarding French Mountain noting there are still four
lawsuits your company is involved in a couple of them. As far as asking Mr. Macchio to
come on your property is not sure that is something we can ask him to do.
MR. STRANAHAN-Asked if they could get updates if the Town has any meetings.
COUNCILMAN METIVIER-You will have updates before the Town because you are
directly involved at this point. Will do what he can but realize you will probably know as
well as the board.
SENIOR PLANNER, BAKER-The project is before the Planning Board the logging
project also extends into the Town of Lake George where the log landing and road access
will be.
DOUG AVER-16 Oakwood Drive-Spoke to the board regarding a document that was
sent out by King and Spaulding an International Law Firm retained by Seeman's
Corporation presented this to Supervisor Stec. Spoke to the board regarding fairness and
process regarding appointment of Planning Board member Tanya Bruno. Spoke
regarding Councilman Metivier's position on the Planning Board referred to a letter to
the Town Board and Planning Board asking to be heard.
COUNCILMAN METIVIER-Spoke regarding this attendance record. I will be the first
to admit it wasn't great, but I will tell you one thing only in three meetings of seven years
was I not represented by an alternative, which I want that to be put on the record. When I
discovered that I could no longer attend meetings because my job required me to travel
more I resigned from the board there is nothing wrong with doing that either. I did what I
felt was right I talked to at the time Chairman Vollaro and asked what he thought I should
do, should I resign, should I resign and ask to be an alternate or just stick it out and have
someone cover for me. I couldn't guarantee him a time commitment so I resigned. I
know you have a copy of that letter as well because I know that has been foiled, too. I
did what I thought was right and I don't understand why that has become such and issue.
MR. AVER-It is a matter of process and fairness.
TANYA BRUNO-Read letter into the record listing a time line regarding her
appointment to the Planning Board including application to the board for alternate
position to the Planning Board.
COUNCILMAN STROUGH-Spoke regarding the board having no attendance policy it
was unfair to use attendance as an excuse to not address Mrs. Bruno's concerns, also
noted he really appreciates what Mrs. Bruno's has done hopefully there will be an
opening so you will be able to remain.
COUNCILMAN METIVIER-Thanked Mrs. Bruno's for her time on the board.
JOHN SALVADOR-Spoke to the board regarding the Fire Company Budgets and the
percentages of increases.
SUPERVISOR STEC-Explained this before can do it again if you want me too.
MR. SALVADOR-Ten percent is what the fire tax went up asked for the difference.
SUPERVISOR STEC-Explained that the difference was in the past because of the timing
of negotiations of contracts verses the timing of the adoption of Town's Budget in years
past we allowed ourselves where we said this year we are going to give a three percent or
four percent increase. After the Town's Budget Adoption we were sitting down with the
fire companies the previous Town Board granted much more whatever had been
budgeted for and we were consuming fund balance. We recognized this year at budget
time that we needed to stop that practice because the fund balance in the fire account was
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 620
getting smaller and smaller sooner or later we weren't going to be able to subsidize the
tax rate with that. This year looked at where we are for adopted contracts wanted to
program in for a reasonable increase we did that. We made a pack amongst the five of us
that we were going to make sure that these five contracts stay under that budget. We are
just slightly under the total amount budgeted for these contracts this year. There was a
ten percent increase in the tax rate, but there was not a corresponding ten percent in these
contracts.
MR. SALVADOR-Spoke to the board regarding the West Glens Falls Lease Agreement
the four thousand dollars noting does not think they have seen the terms of the lease
agreement it is very important they know what that is. Asked how much they were going
to have to pay in rent after the building belongs to the Association.
SUPERVISOR STEC-For the next twenty years it is an exact offset.
MR. SALVADOR-Spoke to the board regarding the Planning Board noting the Planning
Board at the present time is dysfunctional. Spoke to the board regarding the Stream
Corridor Management Regulations and the hundred foot regulations this is already in the
regulations.
GEORGE RYAN-Spoke to the board regarding the Planning Board thanked Councilman
Metivier and past board members for staying with the Planning Board thanked them for
helping him with the process. Asked the board to look into the application process the
procedure noting it doesn't have to be that hard.
4.0 RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON FIRE
PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE
CO., INC.
RESOLUTION NO.: 68, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, fire protection services are provided to the Town of Queensbury by the
Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury
Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West
Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire
Company and the Town, and
WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have
negotiated terms for a new one (1) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law § 184 and General Municipal Law
§209(b), the Town Board wishes to set a public hearing concerning such proposed
Agreement for fire protection services,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 621
RESOLVED, that the Queensbury Town Board shall conduct a public hearing
concerning the proposed new fire protection services Agreement between the Town and the
Queensbury Central Volunteer Fire Co., Inc., on Monday, March 9th, 2009 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least
ten (10) days prior to the Public Hearing.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING CLOSURE OF AFFORDABLE
HOUSING CORPORATION GRANT FUNDS ACCOUNT
RESOLUTION NO.: 69, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, in accordance with Resolution No.: 312,2005, the Queensbury
Town Board authorized acceptance of $151,200 in grant funds received from the New
York State Affordable Housing Corporation, established appropriations and estimated
revenues for such funds, and authorized such appropriations and revenues to be recorded
in accounts to be determined by the Town Budget Officer, and
WHEREAS, the final close-out certification for the project has been signed by the
Town Supervisor and therefore the Town wishes to close its account for the grant funds
and forward any interest earned on the account to the New York State Affordable
Housing Corporation, and
WHEREAS, the Town's accounting records show that there is approximately
$798.47 remaining in the Town's account,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 622
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Budget Officer to close the account established by the Town of Queensbury
relating to grant funds received by the Town in accordance with Resolution No.:
312,2005 and transfer the account's remaining balance and interest to the New York State
Affordable Housing Corporation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Budget Officer and/or Senior Planner to take such other and further
action as maybe necessary to effectuate all terms of this Resolution.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE VEHICLE IN WASTEWATER
DEPARTMENT
RESOLUTION NO.: 70, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury
Town Board may authorize the sale of items which are no longer needed by the Town or
obsolete, and
WHEREAS, the Town's Wastewater Director has declared a 2001 Ford F-350 4x4
Truck used by the Wastewater Department as surplus, and
WHEREAS, the Wastewater Director advised Town Departments of the surplus
vehicle in his department and he did not receive any requests from the Departments for the
vehicle and therefore he has requested Town Board authorization to sell the vehicle by
advertising in the official Town newspaper,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 623
RESOLVED, that the Queensbury Town Board hereby approves the sale of the
vehicle that is no longer needed by the Town or obsolete, as specifically delineated in the
preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town's Purchasing Agent to publish an advertisement for bids to sell the surplus vehicle in
the official newspaper for the Town of Queensbury, and that all Town proceeds from the
sale shall be deposited in accordance with the Queensbury Town Code and Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing
Agent to open all bids received, read the same aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT: None
RESOLUTION AMENDING RESOLUTION NO.: 580,2008
REGARDING AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND
ADIRONDACK BALLOON FESTIVAL
RESOLUTION NO.: 71, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 580,2008 the Queensbury Town Board approved
and authorized a Local Tourism Promotion and Convention Development Agreement with
the Adirondack Balloon Festival and corresponding funding to the Adirondack Balloon
Festival in an amount not to exceed $1,300, and
WHEREAS, the Adirondack Balloon Festival has revised its request for funding in
that it wishes to request $10,000 in funding (as it had similarly requested and received from
the Town in 2008) rather than the amount of $1,300, and
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 624
WHEREAS, the Town Board wishes to authorize such funding amount and amend
Resolution No.: 580,2008 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.:
580,2008 such that the amount authorized to the Adirondack Balloon Festival for 2009 shall
not exceed $10,000, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute a revised Agreement between the Town and the Adirondack Balloon Festival
substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.:
580,2008 in all other respects.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION ACCEPTING RIGHT-OF-WAY AND EASEMENT FROM
AMEDORE LAND DEVELOPERS, LLC IN CONNECTION WITH
HAVILAND ROAD SUBDIVISION -SEWER INFRASTRUCTURE
RESOLUTION NO. 72, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 280,2007, the Queensbury Town Board accepted
and approved a deed for dedication of Beekman Place, Bogart Court and Pollazzo Court in
the Haviland Road Subdivision from Amedore Land Developers, LLC (Developer), and
WHEREAS, the Town's Wastewater Director advised Town Counsel that the sewer
district infrastructure was not included as part of such dedication of roads in 2007 even
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 625
though most of the sewer system infrastructure is located within the bounds of such roads,
and
WHEREAS, the Town wishes to procure aRight-of--Way and Easement from the
Developer in order to properly accept and maintain such sewer system infrastructure, and
WHEREAS, a proposed Right-of--Way and Easement has been provided on behalf
of the Developer and is in such form consistent with the Town Wastewater Director's needs,
and
WHEREAS, such Right-of--Way and Easement is in form acceptable to Town
Counsel and therefore the Town Board wishes to authorize acceptance of such Right-of-
Way and Easement and the sewer district infrastructure,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the Right-of--Way
and Easement from Amedore Land Developers, LLC to the Town of Queensbury as
described in the preambles of this Resolution and in substantially the form presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further accepts for dedication the sewer district
infrastructure also as described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to complete and execute any documents associated with the easement and the
Town Supervisor, Town Budget Officer, Wastewater Director and/or Town Counsel to take
any further action necessary to effectuate the terms of this Resolution, including payment of
any necessary filing or recording fees.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING CHANGE OF CLASS CODE
RELATING TO TOWN OF QUEENSBURY'S WORKERS'
COMPENSATION POLICY
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 626
RESOLUTION NO.: 73, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury insures the Town's Workers' Compensation
Risk through the New York State Insurance Fund (New York State Public Entities Safety
Group 497 -Broker), and
WHEREAS, Safety Group 497 has advised the Town that the Town needs to
reclassify its designated executive officers to bring the Town into compliance with New
York State General Municipal Law as it relates to which Workers' Compensation Class
Code should be used for paid municipal executive officers as defined under New York State
Town Law, as currently the majority of those who are considered the Town of Queensbury's
"executive officers" are classified using Code 8810 when they should now be classified
using Code 8809, (Code for municipal officers that serve with pay, no matter how nominal),
and
WHEREAS, to effectuate such needed change, the Town must file a form prescribed
by the Workers' Compensation Board entitled New York State Insurance Fund Form U-
43 5, and
WHEREAS, such proposed Form U-435 has been presented at this meeting and the
Town Board wishes to authorize the Town Supervisor to execute such form and effectuate
such needed change,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
reclassification of its designated executive officers to bring the Town into compliance with
New York State General Municipal Law as it relates to which Workers' Compensation
Class Code should be used for paid municipal executive officers as defined under New York
State Town Law as delineated in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the New York State Insurance Fund Form U-435 form, as well as any
other needed forms or applications, and the Town Supervisor and/or Town Budget Officer
to take any other actions necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 627
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF
COMPENSATION CONSULTING SERVICES, INC. TO REVIEW
WORKERS' COMPENSATION PREMIUMS
RESOLUTION NO.: 74, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury has been approached by two companies
offering to review the Town's past Workers' Compensation Premiums, which could provide
a possible refund of overcharges to the Town, and
WHEREAS, the Town's Workers' Compensation insurance carrier has advised that
this is a useful process and is familiar with both companies offering the services, and
WHEREAS, the Town's Budget Officer and Accountant have reviewed proposals
from both companies and have recommended that the Town engage the services of
Compensation Consulting Services, Inc., (Compensation Consulting) and
WHEREAS, Compensation Consulting's fee to the Town for such services is thirty-
percent (30%) of actual refunded premiums or credits the Town receives as a result of
Compensation Consulting's services, and if there is no such recovery, there is no fee for the
services, and
WHEREAS, the Town Board wishes to authorize engagement of Compensation
Consulting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of
Compensation Consulting Services, Inc., to review the Town of Queensbury's past
Workers' Compensation Premiums as more fully set forth in Compensation Consulting
Services, Inc.'s November 12th, 2008 proposal presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 628
RESOLVED, that Compensation Consulting Services, Inc., must sign a
Confidentiality Agreement providing that the information obtained will be used for Audit
purposes only and that no information, including but not limited to medical information,
will be provided to or shared with any third party, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or
Budget Officer to take any other actions needed to effectuate the terms of this Resolution.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES :None
ABSENT: None
RESOLUTION TO AMEND 2008 BUDGET
RESOLUTION NO.: 75, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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 $
001-1110-1010 Justices Wages 001-1010-4130 TB Counsel Ret $ 870
001-1355-1010 Assessor Wages 001-1220-4130 SV Counsel Ret $ 1,630
001-1355-1010 Assessor Wages 001-1420-4131 TC Litigation $ 5,460
004-5130-4090 Training 004-9040-8041 SG Admin Fees $ 150
005-9040-8040-4981 Wcomp Insurance 005-3410-4400-4981 Misc. Contractual $ 10,887
005-9025-8025-4981 Service Awards 005-3410-4400-4981 Misc. Contractual $ 320
004-0000-0909 Fund Balance 004-9040-8040 Workers' Comp $ 23,836
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 629
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT: None
RESOLUTION CORRECTING TERM DATES FOR MEMBERS OF
TOWN OF QUEENSBURY'S CEMETERY COMMISSION
RESOLUTION NO. 76, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury previously established the Town of
Queensbury Cemetery Commission in accordance with applicable New York State
Legislature Chapter 814 of the Laws of 1948, as amended, and Queensbury Town Code
§A182-1, and
WHEREAS, by previous Resolution No.'s: 382.2007, 16,2008 and 526,2008, the
Queensbury Town Board reappointed Robert Edwards, Laura Vamvalis and Donna
Partridge, respectively, to serve as members of the Cemetery Commission, with their terms
to expire as of December 31st in 2010, 2010 and 2011 respectively, and
WHEREAS, it has been determined that an error was made in the appointment of
such members such that, the Cemetery Commission is required by law to be set up so that
each year one Member's term expires and instead, Mr. Edwards and Ms. Vamvalis' terms
both end at the same time (2010), plus each term's expiration date is to be June 30th of
each year rather than December 31st, and
WHEREAS, the Cemetery Commission met and agreed to resolve the error by
changing the expiration dates for membership to be as follows:
1. Robert Edwards -Term to expire as of June 30th, 2009;
2. Laura Vamvalis -Term to expire as of June 30th, 2010;
3. Donna Partridge -Term to expire as of June 30th, 2011;
and
WHEREAS, the Town Board wishes to adopt a Resolution correcting such terms
accordingly,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 630
RESOLVED, that the Queensbury Town Board, in accordance with the preambles
of this Resolution and as provided by New York State Legislature Chapter 814 of the Laws
of 1948, as amended, and Queensbury Town Code §A182-1, hereby corrects the terms of
Town of Queensbury Cemetery Commission members as follows:
1. Robert Edwards -Term to expire as of June 30th, 2009;
2. Laura Vamvalis -Term to expire as of June 30th, 2010;
3. Donna Partridge -Term to expire as of June 30th, 2011;
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Commission
and Town Cemetery Superintendent to take any action necessary to devise a recordkeeping
system so that it is clear in the future which membership terms are being filled, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town
Cemetery Superintendent and/or Town Supervisor to take any actions necessary to
effectuate the terms of this Resolution, including execution of any needed revised Oaths of
Office.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND NYSEG SOLUTIONS, INC.
REGARDING LOCK-IN RATE FOR SUPPLY OF ELECTRICITY
RESOLUTION NO. 77, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 475,2001, the Queensbury Town Board authorized
an Agreement between the Town and NYSEG Solutions, Inc., (NYSEG) regarding the
supply of electricity, and
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 631
WHEREAS, NYSEG has offered the Town a "lock-in rate" for a one or two year
term for the purchase of electricity which could result in financial savings for the Town, and
WHEREAS, the Town Board has received a recommendation from an independent
consultant to enter into such lock-in rate with NYSEG as the consultant feels that the Town
could realize such cost savings, and
WHEREAS, the Town Board concurs with such recommendation and wishes to
lock-in its electricity rates for a one year period, and
WHEREAS, a proposed Agreement regarding such lock-in rate between the Town
and NYSEG has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Agreement between the Town and NYSEG Solutions, Inc., regarding the lock-in rate for a
one year term for the supply of electricity substantially in the form presented at this meeting,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the Agreement with NYSEG and authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action necessary to
effectuate the terms of this Resolution.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION ACKNOWLEDGING ARBITRATOR'S OPINION
AND AWARD CONCERNING GRIEVANCE OF
RICHARD "PETER" FLEWELLING
RESOLUTION NO.: 78, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 632
WHEREAS, Richard "Peter" Flewelling (Flewelling), an employee of the Town of
Queensbury Highway Department, is a member of the Queensbury Unit of the Civil Service
Employees Association, Inc., (CSEA), and
WHEREAS, Flewelling and CSEA pursued a grievance alleging that Flewelling was
improperly denied a promotion to the position of Working Foreman, and
WHEREAS, the grievance proceeded to arbitration in accordance with the
agreement between the Town Board and CSEA, and the Arbitrator has made his Opinion
and Award (Award) dated June 25th, 2008, and
WHEREAS, the Arbitrator ruled that the Town should have promoted Flewelling to
the Working Foreman position and therefore, the Town must assign Flewelling to this
position and pay Flewelling back pay for the position retroactive to the date of the Working
Foreman appointment of Peter Smith, and
WHEREAS, the Decision of the Arbitrator was upheld on appeal to the Supreme
Court, Warren County by Decision and Order dated December 31st, 2008 and the Town
Board is required to abide by the Arbitrator's Award, and
WHEREAS, the Town Budget Officer has calculated the amount of retroactive pay
due Flewelling through January 18th, 2009 and the Town Board concurs with the
calculations, and
WHEREAS, the Town, in accordance with the Award, assigned Flewelling to the
duties of Working Foreman on January 20th, 2009 with all wages and benefits of that
position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges the
Arbitrator's Opinion and Award concerning the arbitration of Richard "Peter" Flewelling
and will abide by all provisions of the Opinion and Award, including the promotion of
Flewelling to the position of Working Foreman, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer
to pay Flewelling back pay in the approximate amount of $17,605.34 as calculated by the
Town Budget Officer representing all wages, including overtime, that Flewelling could have
earned in the position of Working Foreman from May 14th, 2007 through January 18th
2009, and
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 633
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, Town
Counsel, Town Highway Superintendent and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate all terms of the Arbitrator's Opinion and
Award and this Resolution.
Duly adopted this 23rd day of February, 2009 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT:None
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF FEBRUARY 24~, 2009
RESOLUTION NO.: 79, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
presented as the Warrant with a run date of February 19th, 2009 and a payment date of
February 24th, 2009,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
run date of February 19th, 2009 and payment date of February 24th, 2009 totaling
$858,518.39, 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.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES :None
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 634
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF
KONICA FULL COLOR COPIER/PRINTER SYSTEM
RESOLUTION NO.: 80, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town of Queensbury's Technology Coordinator has requested
Town Board approval to purchase a Konica Minolta Full Color Copier/Printer System, and
WHEREAS, New York State Bidding is not required as the purchase price for the
System is in accordance with New York State Contract No.: PC59463 pricing, and
WHEREAS, moneys for such proposed purchase are included in the 2009 Town
Budget,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town's
Technology Coordinator purchase of a Konica Minolta Full Color Copier/Printer System
from Accepted Eastern Copy Products, LLC in accordance with New York State Contract
No.: PC59463 pricing for a total amount not to exceed $23,507.20 to be paid for from
Misc. Equipment Account No.: 001-1680-2001, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign any necessary Purchase and/or Maintenance Agreement and any other
needed documentation, and the Town Supervisor, Technology Coordinator and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 23rd day of February, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT: None
5.0 CORRESPONDENCE
REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 635
NONE
6.0 TOWN BOARD DISCUSSIONS
Councilman Brewer left meeting.
SUPERVISOR STEC
• Thanked sponsors
• Town website www.queensbur
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 81, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 23rd day of February, 2009 by the following vote:
Ayes: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier
Noes: None
Absent:Mr. Brewer
Respectfully Submitted,
Darleen M Dougher
Town Clerk
Town of Queensbury