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2005-05-16 MTG 23 292 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 REGULAR TOWN BOARD MEETING MTG. #23 May 16, 2005 RES. 229-251 7:00 P.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER JENNIFER SWITZER COMMUNITY DEVELOPMENT DIRECTOR MARILYN RYBA DIRECTOR OF BUILDING AND CODES DAVE HATIN PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER 1.0 PUBLIC HEARINGS 1.1 AMENDMENT TO WEST GLENS FALLS EMS AGREEMENT NOTICE SHOWN Supervisor Stec-I will open the public hearing and just by way of a little bit of background on this situation. I think it is fair to say that a little over a year ago the Town Board decided to embark on what we called then a pilot program to try some paid day time service. Hypothetically or in theory town wide and I think we have tried to do town wide, however I think everyone realizes that it is a lot farther from the West Glens Falls Station to Assembly Point than it is to West Mountain Ski. So, we knew at the time that someday we would like to be in the position to make sure that we made that more equitable throughout the town. To make sure that our responses were, more importantly to make sure our responses and our quality of service was better. Coincidentally, simultaneously, we did also set up with the cooperation of the three rescue squads an agreement finally after several years of talking about it a bill for service situation. We were also approached earlier this year by members of all three squads about the possibility of expanding this service and using the revenue from bill for service to cover that. We expressed a little bit of concern not tremendous concern, speaking for myself anyways, I expressed a little bit of concern because I want to make sure that bill for service was up and running that we had everything under control and that we had a revenue stream that we could project with a little bit of confidence that we would be able to cover this. All three squads have basically done every thing that they needed to do to set up the bill for service. We do have money coming in we did receive a good chunk of money it is starting to come in at a slightly larger and larger amounts now. The medicare number that is out there as soon as we get the final numbers back then they can start releasing some of those funds to us but you are talking well over a hundred thousand dollars already for the three squads combined that is out there to be collected basically as soon as we get the final piece of paper from the issuing authorities. Non-medicare money we have already collected the new numbers about thirty-four and a half thousand dollars as of today. So, if the numbers continue to project forward we should the revenue stream will be there to make this addition to the paid daytime service that we are talking about in these first three public hearings 293 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 a reality. Of course we also and the rescue squads are painfully aware of this because we had budgeted this two hundred and fifty thousand dollars to off set taxes which is about a fifty percent reduction from the property taxes. So, this with the revenue that we are worried about getting in excess of two hundred and fifty thousand and it looks like although it is too early to say it is set in stone it looks, I am a lot more confident that the number will come in where we want it to. So, we worked with the three rescue squads and they have proposed and essentially the money end of it will be going through West Glens Falls however we are going to be modifying or even consider modifying all three of their contracts this evening. But the money end of it, the financial end of it will go by agreement through West Glens Falls and they will pay Keena Staffing of whoever they are currently paying through Keena Staffing for the two people. They currently have two people on twelve-hour shifts for five days a week. This change will add two more paid people on five other days so there will be some over lap there will be at least two people on town wide for all seven days and also twelve hour shifts. Those two people will be out of Bay Ridge. Additionally North Queensbury will be getting I think we called I and I never actually crunched the numbers to see if the hours actually worked out to point six people but point six people i.e. during the summer time they will have one person and they feel that with one person, that second paid person, that second crew member will be a volunteer they are confident that they did it this past summer and it worked out fine for them then, but they will also have a paid person on five days a week during the summer and I think non summer back down to three days. In addition to all this we did bench mark our own payment against surrounding rescue squads that pay some crew members specifically the three largest in the area is North Warren, Fort Edward and Moreau. You guys are impressed that I know all of this right off the top of my head. I see them, they are all saying wow he is doing well actually we found out that we were on the low end of scale. They asked us to be at least up to scale frankly they asked us to be a little more aggressive to attract a higher quality person while we understood those arguments we said lets get through 2005 and we can look at 2006. But, we did decide across the board for the ALS tech and the BLS tech a dollar an hour raise which brings them back to or right in that range where they are surrounding they would be competitors for where these employees are. So, that is what is on the table for these first three public hearings and I think that I covered all the highlights. But, at this point the public hearing is open for modifying West Glens Falls 2005 Rescue Squad agreement and with that if there is any member of the public that would like to speak on this public hearing I ask you to raise your hand and I will call on people and we will take comment, if there is any comment. I am not seeing any. Is there questions or comments from the Town Board or anything that they would like to clarify or did I say anything that anyone over there is not happy with or was not accurate. They are not shaking their heads. Town Board Members have any? Councilman Strough-The only question that I had was probably to Counsel in the first paragraph the Whereas the Town of Queensbury and West Glens Falls Emergency Squad Inc. it is the same basic paragraph and it says we have entered into an agreement for emergency services this agreement sets forth the number of terms conditions the squad will not purchase or enter into any binding contract to purchase any piece of equipment apparatus, vehicles, real property make any improvements that require the squad to 294 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 acquire a loan or mortgage to use money placed in a vehicle fund without prior approval of the Town Board. Now, that is our preamble to this resolution. Does it need to be updated to include personnel someplace in there? Not that it is a major issue right now but I just happened to think of it. Budget Officer Switzer-We are not actually paying personnel services, they maybe included in their budget as such but this is strictly a contract with them for emergency services. Councilman Strough-You know what I am saying is, it says any piece of apparatus, equipment, vehicles, real property or make any improvements that would require the squad to acquire a loan or mortgage or used money placed in a vehicle fund. Isn’t that kind of awkward here though a little bit? Town Counsel Schachner-I think Councilman Strough that the Whereas, merely reflects the provisions in the existing agreements and I think it does so accurately if I am not mistaken. Councilman Strough-Ok. It was a question. Town Counsel Schachner-That is fine. Supervisor Stec-But actually while Councilman Strough was asking the question I glanced at it, I always try to work this in and I forgot the most important part is the actual dollar amounts involved. The result increase in contract for the additional the dollar an hour raise for the current day time staff would run to by the end of the year, five thousand two hundred and thirteen dollars and the additional day time staffers would run an approximate additional sum of eighty six thousand six hundred and seventy three dollars so the total increase here is ninety one thousand eight eighty six. I just want to make sure that we got that number out there so we knew what kind of numbers we were talking about. Councilman Boor-But this is the total going through West Glens Falls this North Queensbury and Supervisor Stec-This is everything, that is the grant total. Councilman Boor-I do not want the public to think we are bumping West Glens Falls Supervisor Stec-no, it is not times three. So all this ninety one thousand will actually go through the West Glens Falls Contract but it is for, because West Glens Falls already has their relationship with Keena and rather than setting up additional relationships with Keena it was simpler for everyone and a step of mutual cooperation between the three squads to agree to do this it accomplishes what we want it to. But I am glad it prompted by question or my comment. Any other questions from the Town Board? Any questions or comments at all on this public hearing from any members of the public. Ok. I will close the public hearing and ask if there was any additional discussion from Town Board Members. I will entertain a motion. 295 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION APPROVING WEST GLENS FALLS EMERGENCY SQUAD, INC.’S PROPOSAL TO INCREASE PAY RATE FOR DAYTIME STAFF, INCREASE PAID DAYTIME SERVICE AND AUTHORIZING AMENDMENT TO 2005 EMERGENCY SERVICES AGREEMENT WITH TOWN OF QUEENSBURY RESOLUTION NO.: 229, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, such Agreement sets forth terms for the Squad’s provision of paid daytime service, and WHEREAS, the Queensbury Town Board and Squad negotiated terms for a pay increase for the Squad’s current daytime staff, resulting in a proposed increase in the amount of $5,213 for the remainder of the 2005 calendar year, and WHEREAS, the Town and Squad also negotiated terms for an increase in paid daytime service by proposing to add three (3) additional daytime staffers, arranged through Keena Staffing, Inc., for an approximate, additional sum of $86,673 for the remainder of the 2005 calendar year, and WHEREAS, the additional three (3) paid daytime staffers will work primarily within the Bay Ridge and North Queensbury Rescue Squads’ primary areas of responsibility, thereby benefiting residents living within those areas of the Town, and WHEREAS, the Town and EMS Squads wish to add to the existing Agreement with West Glens Falls Emergency Squad, Inc., which will save the Town and Squads money, and WHEREAS, since moneys for the pay increases and additional daytime staff are not included in the Squad’s current 2005 Budget and Agreement with the Town, the Town 296 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 th Board held a public hearing on May 16, 2005 concerning the Squad’s proposals and corresponding amendment to its 2005 Emergency Services Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposals to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.’s proposals to increase pay rates for its daytime staffers, add three (3) daytime staffers and amend its 2005 emergency services budget and Agreement with the Town to provide for the total increased costs in the approximate amount of $91,886, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2005 Town Budget as necessary to provide for such increase in pay rates and additional daytime service, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of May, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 297 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 1.2 AMENDMENT TO BAY RIDGE RESCUE SQUAD AGREEMENT NOTICE SHOWN Supervisor Stec-I will open this public hearing and again this is related to the first one and this is to modify Bay Ridge’s Contract. Bay Ridge and North Queensbury both have a two year contract, West Glens Falls doesn’t I am just making a face at their President Sandy Boucher who has been a pleasure to work with however we have a one year contact with them and the presumption here I am sure is certainly that when we renew your contact that as we continue this funding for these staff members that we will fund that through your next contact. I just wanted to point that out because it is different in the title that says 2005/06 and for West Glens Falls it only says 2005. So, anyways the public hearing on modifying Bay Ridge’s Contract is open, if there are any members of the public that would like to speak we just ask that you raise your hand. Any questions from Board Members? One more time members of the public on the Bay Ridge Contract. Ok. I will close the public Hearing and ask for any additional comments from Town Board Members. Ok. I will entertain a motion. RESOLUTION APPROVING BAY RIDGE RESCUE SQUAD, INC.’S PROPOSAL TO ADD PAID DAYTIME SERVICE AND AUTHORIZING AMENDMENT TO 2005/06 EMERGENCY SERVICES AGREEMENT WITH TOWN OF QUEENSBURY RESOLUTION NO.: 230, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Queensbury Town Board and Squad negotiated terms for the addition of paid daytime service, more specifically, the addition of two paid daytime staffers, arranged through Keena Staffing, Inc., which additional staff will be paid for through the Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and WHEREAS, such additional daytime staff will provide coverage for and benefit residents living within the Squad’s primary area of responsibility, and 298 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, since provision for paid daytime service is not presently included in the Squad’s 2005/06 Agreement with the Town, the Town Board held a public hearing on May th 16, 2005 concerning the Squad’s proposal and corresponding amendment to its 2005/06 Emergency Services Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue Squad, Inc.’s proposal to add two paid staffers to provide daytime emergency medical services, arranged through Keena Staffing, Inc., which additional staffers will be paid for through the Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and correspondingly authorizes an amendment to the Squad’s 2005/06 Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2005 Town Budget as necessary to provide for such daytime service, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of May, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 299 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 1.3 AMENDMENT TO NORTH QUEENSBURY RESCUE SQUAD AGREEMENT NOTICE SHOWN Supervisor Stec-I will open this public hearing and again this is the third of the three and this one is actually nearly identical to the Bay Ridge one in that there is no money flowing through the North Queensbury Contract. They will not be getting the two people they will be getting point six persons which is what they asked for and well actually I think they would probably have taken more but we encourage the point six for now. Again, I think that this makes it our concern and I know Councilman Boor’s concern as well as mine and probably the entire Town Board but just making sure we had an equitable coverage throughout the Town a comparable level of service. I think all these do accomplish that. So, the public hearing is open if there is any members of the public that would like to speak on this third rescue squad modification to their contract, North Queensbury? Ok. Any comments from Town Board Members? One more time members of the public on this public hearing? Ok. I will close this public hearing and entertain a motion. RESOLUTION APPROVING NORTH QUEENSBURY RESCUE SQUAD, INC.’S PROPOSAL TO ADD PAID DAYTIME SERVICE AND AUTHORIZING AMENDMENT TO 2005/06 EMERGENCY SERVICES AGREEMENT WITH TOWN OF QUEENSBURY RESOLUTION NO.: 231, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Queensbury Town Board and Squad negotiated terms for the addition of paid daytime service, more specifically, the addition of one paid daytime staffer, arranged through Keena Staffing, Inc., which additional staffer will be paid for through the Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and 300 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, such additional daytime staff will provide coverage for and benefit residents living within the Squad’s primary area of responsibility, and WHEREAS, since provision for paid daytime service is not presently included in the Squad’s 2005/06 Agreement with the Town, the Town Board held a public hearing on May th 16, 2005 concerning the Squad’s proposal and corresponding amendment to its 2005/06 Emergency Services Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Rescue Squad, Inc.’s proposal to add one paid staffer to provide daytime emergency medical services, arranged through Keena Staffing, Inc., which additional staffer will be paid for through the Town’s Agreement with the West Glens Falls Emergency Squad, Inc., and correspondingly authorizes an amendment to the Squad’s 2005/06 Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2005 Town Budget as necessary to provide for such daytime service, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of May, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner 301 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 NOES : None ABSENT: None Supervisor Stec-So, that concludes a very busy sixteen months with the Rescue Squads we have gotten a lot done with them we have got more to do, Sandy we have not forgotten that we are going to bulldoze your building eventually, we have not forgotten about that. I know that you have done your paper work to get a site plan together and continue to work your attorney with our attorney and QEDC on that whole land swap, that is my term there, but we thank you for working and your patience on this and I am glad that it worked out the way I said it would tonight. 1.4 AMENDMENTS TO THE QUEENSBURY TOWN CODE NOTICE SHOWN Supervisor Stec-I will open the public hearing on this proposed local law, background on this before I turn it over to Marilyn who may want to go through the details or answer any questions. A month or two ago the Town Board conducted a workshop meeting to go over something that we have been wanting to do for some time. We have finally picked a window we have carved out enough time to make sure that we had an opportunity to do it. But we reviewed a lot of the troublesome or inconsistent or frequent and we tried to parado the complaints in town and address where the main complaints are coming from. These sections of our local laws and our code seem to be the most troublesome not only to people that are calling with the complaints but also for staff as far as consistency, uniformity and trying to enforce in a fair way in order to keep the town looking good, safe, there are a lot of issues regarding junk yards, rubbish those sorts of things, special events. So, we had a workshop and we participated in that with Marilyn and I know that Marilyn and her staff also went through these themselves. Again, a lot of them were generated through staff, we solicited the input from staff who is the pointy end of the spear when it comes to enforcing and dealing with these issues in town. So, we have done that and the Town Board has had an opportunity to look at this ourselves and we set the public hearing for tonight. With that there are a lot of changes throughout several different sections of the code I will open the public hearing and before I start taking comments I will just, Marilyn do you have anything that you would like to add specifically that you feel you would like to make sure was pointed out this evening. Executive Director Marilyn Ryba-I can do a summary if you would like just so people who are unfamiliar and it will take a few minutes. First off is an amendment to Chapter 61 Outdoor Burning and our Fire Marshall’s Office participated in looking at this. One of the things throughout the code changes is a difference in the fine. Town Counsel can probably explain it more thoroughly but the intent was to allow us to do enforcement more quickly by actually reducing the fine just a tiny bit so that it is put in a different type of enforcement category legally. Supervisor Stec-Mark I will just jump in here, my understanding and I like to test my own legal knowledge so you can listen and be my sounding board. Currently the code for a lot of these violations reads one thousand dollars. Under New York State law one thousand dollars is also a magic trip point in 302 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 that it raises these fines to a level that is qualifies as a misdemeanors and so you could have a would be defendant or a would be offender and alleged offender saying I want a trail. This is a misdemeanor and I want a trail. Our code is geared believe it or not, not so much or punishment as it is for gaining compliance. So, by lowering the fine below the threshold that qualifies for a misdemeanor it gives the Town a great deal more flexibility to go out and gain in a quick manner compliance with whatever code we are talking about, is that pretty accurate? Town Counsel Schachner-It is pretty accurate. The only part that is not quite technically accurate is I think what you said would lead one to infer that you cannot have a trail if you are charged with a mere violation. That is not correct, there are circumstances in which you can still have a trail but the general idea here is exactly what you stated, that we want to have, since we seek compliance more than punishment we want to have more flexibility and not be charging people with misdemeanors which kick in a whole set of more complicated procedures then mere violations. Supervisor Stec-Thank you. I promise not to go over every point because we would be here all night on this but I will let you continue. Executive Director Ryba-That is one aspect. The other is having the opportunity for the Fire Marshal to put together a schedule of inspection also when there is a situation where someone may not allow the inspection that we do get that kind of allowance because after all it is the duty and the intent of the code for safety purposes and that is what all of this is about. The other is when there is a certificate of occupancy issued that there should not be a change of commercial use based on change of ownership, tenant, lease holder, occupancy so this we want to make sure that the Fire Marshal can do an inspection and make sure that there is a new certificate of occupancy issued. Once again the entire intent is for the safety of the building. One of the things in terms of the schedule is when the Fire Marshal goes on the site he actually does a little drawing of things like exits and pathways so that if there is a fire then the fire department is given this little sketch and they can actually get a sense of where there might be opportunity for problems and also for rescue, so that is an important aspect. The other is in terms of junk yards often times we get a lot of complaints from the public where because people might have some waste on their property or what some might perceive as waste some might perceive as valuables that’s a junk yard and that is not necessarily the case. So, there is some additional language that specifies what is considered junk and what is not considered junk. The other thing is prohibition for continuing garage sales. Often times people say well we are just having a garage sale and this is to make sure it is a bona fide garage sale and not just an opportunity to not clean up the property. Part of the situation with garage sales too is that once again we are mandated to look out for safety and health problem and when there are numerous cars parked in the highway right of way that can be a very dangerous situation. Very quickly I want over the enforcement and the penalties. With special sales events there has been a lot of discussion about tent sales and the intent of the change here is to allow us, allow staff to look over a set of criteria for special sales events and that criteria would include such things as parking and the circulation etc. So, that the permits can be issued more quickly this is not to say that at some point if someone comes in and I think this was the case with Home Depot and also Walmart came in with 303 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 revisions and actually allocated areas within the parking so that they could do seasonal sales and do some other sales and that point the Planning Board looked at all of those items. I think that is just a quick a summary as I could offer. Supervisor Stec-You are right there is a lot in there and we might be able to answer some specific questions. The public hearing is open on these code changes and if there are any members of the public that would like to speak just raise you hand and we will call you up. Mr. Salvador Mr. John Salvador-Good evening my name is John Salvador as you said Mr. Supervisor that was a mouth full. This is more or less an ominous zoning ordinance change and some of these matters might better have been referred to your Planning Ordinance and Review Committee. I have attended those meetings rather regularly and I have never heard these subjects brought up never discussed never asked to evaluate and to fit into the total scheme of things. This local law number 2 involves seventeen different sections. It includes an effective date one section, automatic repealer clause and severability clauses. There are six chapters of the Town Code that are being amended. What happened to legislative activity that is supposed to be single purposed distinctly specified in the caption? This is a very confusing local law. All six chapters involve reduction in penalties from a thousand to nine hundred and fifty dollars. Four chapters involve additions to various chapters of the code. Specially Chapter 88 I have a copy of Chapter 88 from the Town Code. Chapter 88 is entitled Fire Prevention and Building Construction. This Chapter the title of it this chapter shall be known as a local law providing for the administration and the enforcement of the State Uniform Fire Prevention and Building Code. However, there is an addition here and related laws, codes ordinances and regulations. Chapter 88 which is a State Code and you have the authority to administer that code makes no provision for penalties. The Fire Prevention and Building Code of the State of New York is administered in a way that if you do not meet the Code you simply don’t get the permit. That is the penalty, it is very simple. I just don’t know what more power and authority staff needs to get the job done then to withhold the permit. When that Chapter 88 is coupled with Chapter 179 of the Town Code then Town Law Section 135 kicks in which allows you to levy fines for an offense to the Town Ordinance, not a Code an Ordinance. This coupling is totally unnecessary and I do not believe that we should be in the game of having our staff initiating violations that could result in criminal penalties. Further, there is a lot, a new section 22 put in here, inspections of occupied premises. This allows the Fire Marshal to intrude on an occupied premises. Now, I presume that if you get a CO for new construction or whatever you are doing a commercial business is under annual inspection from all sorts of agencies. If you have a right to occupy that building it seems to me that some kind of a court order would be required for a public official to enter the premises. Yet we are giving the Fire Marshal here the power to enter upon the premises to make an inspection and further that if he is not allowed to enter the premises he can authorize the Code Enforcement, the Building Code Enforcement Officer to withdraw the CO. I believe this heavy-handed approach is totally unnecessary. Section 88-24 is quite explicit. The part you have not changed you read building is referred to and the building code is referred to. We have extended the definition of a building to include all structures. Now, all buildings are structures but all structure are not buildings. That has got to be 304 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 clarified and that is a subject for your PORC Committee and that is a suggestion that I made at the last meeting and nobody has heard about it. You talk about garbage, rubbish and refuse and the word junk is used I wonder if we have a definition for junk? Your junk Mr. Strough may be my treasure. Ok. There is section here, deposit of junk. I keep a lot of material on my site and store, I do not know when I am going to use it, it is left over construction material it is temporary construction material. I just never know when I am going to need it but it is there when I need it. I keep it piled as neatly as I can I keep it safe it does not obstruct traffic in anyway. But it could be determined to be junk under this code the way it is defined. My junk is so valuable I have got my neighbors stealing it. Seriously Mr. Supervisor, I think this local law should be tabled, I think you should take another hard look at it and there is a way to accomplish the task, but it isn’t in this manner. Transient Merchants and Peddlers and those sort of things I just have one thing to add there. I think it might clean up a lot of the problems we have. There is a requirement that when an organization like a town issues a permit that the permittee shows evidence that they have workmens compensation and disability insurance coverage. This is every state agency that I have ever done business with they require an ID number and they require this evidence. Then you get your permit, it is on the application. It has been the law of the land since 1922 and there is no reason why we shouldn’t be conforming to it. Those Transient Merchants, Transient all those business kind of activities that we are granting permits for should show that evidence. Also there is language in here dealing with the occupation of the right of way. We are issuing permits to occupy the highway right of way? I thought only the DOT and Warren County did that and those permits gentlemen not only can give your ID number but you hold the State harmless in your activity. So, those things I think have to be cleared up and clarified. I would advise you not to adopt this local law tonight. Supervisor Stec-Thank you Mr. Salvador. The Public Hearing is still open is there anyone else that would like to address this public hearing on the ominous zoning changes proposed. Anyone at all, in the back, Mrs. Salvador? Mrs. Kathleen Salvador-Kathleen Salvador, my only comment this evening this room is filled with people and I am very surprised that there is no one else who is making any comments about these code changes. Maybe they have never dealt with the Town getting permits and all. If they haven’t then are in for a surprise. We deal with the Town all the time and as I say these are major changes you are making I am very surprised there is no one out there to comment. Thank you. Supervisor Stec-Thank you Mrs. Salvador. Anyone else like to comment this evening Mr. Quinn? Mr. Kevin Quinn-My name is Kevin Quinn, actually you cannot get a permit on State land because I know that. Supervisor Stec-I know you know that, you have been ..from the beginning and in front of all these witnesses, I want to thank you for your cooperation, patience, I know that sometimes you probably say, well, I do not know if I was always cooperative, but you were, you were. 305 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Mr. Quinn-I think that the Town does not give permits on State land, we do not do that. My concern is with the new law that you are trying to pass is about tents being available for I do not know if I read it wrong or I read it right? Are we allowed to have a tent as a private business only twice a year. Supervisor Stec-I believe it says that, it allows you to go directly to staff to apply for a tent under the special sales event section of the code. Let me look here, a maximum of seven consecutive days and no more than twice in any year is what the code says. Mr. Quinn-So, that is for a business itself. If you own a business in town your own property you can only put a tent up for fourteen days a year? Supervisor Stec-This is what the code says. Councilman Brewer-For sales and storage of items, yes. Mr. Quinn-So, if I want to run a sales more than twice a year I cannot do that under a tent? Supervisor Stec-If you wanted to run a sale more than twice a year that would be something that you could get a variance from the Town Board, the Zoning Board? Mr. Quinn-So, you are saying like if a company goes out and has a sale out front and puts, I am not going to use tires but I will, tires for example underneath a tent after seven days they can’t even if it is a ten by ten pop up is that going to be a twenty by forty does that have to have items for sale or display only, I do not know exactly. Supervisor Stec-It doesn’t talk about sizes, again its as reviewed by the Zoning Administrator or by Staff. Mr. Quinn-So for now or any time I want to put a tent up on my property I have to come to you to get permission for that? Councilman Brewer-To conduct a sale. Supervisor Stec-This change makes it a lot easier for you to get a tent than it was before in my opinion. Mr. Quinn-I didn’t have to get a permit before I just used to put the tent up. Executive Director Ryba-There is fire code for permit for tents. Mr. Quinn-But I did it since I have been here, since I moved into Town so has everybody else. There is a guy right now at the outlet malls that is carving bears, he does not even have a permit, transient vendor permit. Councilman Brewer-This will end that. Mr. Quinn-I do not even know how he exists there. He has had a tent there for the last month. 306 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Brewer-Hopefully this law will end that trouble. Councilman Strough-He did go through Planning Board. Mr. Quinn-But how did he get that because that is a transient vendor. He pulls in with a trailer. Councilman Boor-I am not sure but I believe that he leases that space. Mr. Quinn-How do I lease a space to a guy that wants to come cut bears in front of my property? Councilman Strough-He would go before the Planning Board with a site plan. Councilman Boor-Go to the Planning Board Mr. Quinn-I would get an outside vending space, wouldn’t that be a transient vendor. I mean the guy pulls up with a trailer, he has got a pop up tent, says Florida on the license plate. Supervisor Stec-Marilyn is dying to jump in here. Executive Director Ryba-I was going to say there is differences between a Transient Merchant Permit a special sales event and also going in front of the Planning Board as part of your site plan review for a commercial site. So, it really depends on a number of factors and those are within the code. So, each situation maybe a little bit different and may not be comparable. Supervisor Stec-I was going to add, Marilyn, because of what you just said prompted memory. If my memory if site plan review has granted as part of the site plan review process the use of out door tents that would trump this twice a year language in the special sales event. So, it is possible for you to have review to have approval for more than this but if there is a business that says you know what we only want to do this once or twice a year we do not want to jump through all the other hoops we just want to pup tent up, throw a couple of tires under it to use your example you know, no muss no fuss twice a year this allows for that lower level thing. If somebody says hey you know what the out door tent is an integral part of my marketing strategy then that is appropriate for site plan review. Mr. Quinn-So like Walmarts, or Supervisor Stec-Site plan review. Mr. Quinn-So Walmarts and Lowes the outside area that they use to sell their merchandise Councilman Brewer-That was gone through at site plan review on was on the Planning Board when Lowes went through that. Executive Director Ryba-Some of them have and once again it just depended on the time of the original site plan applications. 307 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Boor-Like the nurseries, site plan review. Councilman Brewer-Home Depot. Supervisor Stec-Kevin, I mean the gist of your questions I think this makes it simpler for the guy that says hey I only want to do this twice a year. Mr. Quinn-Do I have to pay for this permit now every time. Supervisor Stec-It is one hundred and twenty five dollars. Mr. Quinn-Every week that I want to put a tent on my property? Supervisor Stec-Or is it every year. Councilman Brewer-If you want to put a tent up I think you are confusing the issues, if you want to put a tent up for longer than a week it would require an application for site plan review. If you want to sell hats in a tent three days in July you go to the Zoning Administrator and say this is what I want to do this is where it is going to be here is my hundred and twenty five bucks and you are done. st Mr. Quinn-What happens if I want it on my property from May 1. until September. Councilman Brewer-Then that would be a site plan review issue. Supervisor Stec-You need to go to site plan review. You need to do that now anyways. Councilman Strough-Do you have to have a tent cover? Mr. Quinn-The merchandise gets wet if you don’t. Councilman Strough-You can go through site plan review and correct me if I am wrong Marilyn you can get a certain area designated as an outdoor display area. Mr. Quinn-I have had people come to me and ask to carve on my property recently and I said to them no and I … Supervisor Stec-If you were to do it more than twice a year seven times at a stretch … Mr. Quinn-I think they want to do it every weekend I think what their intentions were. But in my eyes that is a transient vendor so. Supervisor Stec-Well, then again, the Transient Merchant Law still applies in that situation. Councilman Brewer-You have to come in and ask staff what particular part of the law that applies to each case is not exactly the same. 308 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Supervisor Stec-I honestly think that this change that we are making, I know your situation and I know the kinds of questions you have asked me before and I think this although perhaps not perfectly because we will find some situation six months from now and we will say we did not think of that and we can always fix it then. Mr. Quinn-I did not think there was a law against the tents, I mean the Dunhams Boat Factory had a tent out, I mean everybody in the outlet mall does it. It is pretty common practice down there on the Million Dollar Mile. Councilman Strough-This will allow are a lot greater latitude for administering… Mr. Quinn-So, we have never been enforcing the law then is what you are saying. So, who ever has been in charge of enforcing the law that you said that I, you are saying that I should not have had a tent on my property. Councilman Boor-The law wasn’t punitive enough where enforcement was a tool that was effective. Supervisor Stec-That was something else that we had changed, is that remember we had a fee that was lower than Mr. Quinn-When you give somebody a dollar parking ticket or a hundred dollars wouldn’t you issue them a ticket to start the process? If it wasn’t right is what I was saying is why for all these years has everybody been doing it? Councilman Boor-Well the way it was written ..I can talk a long time on this you are missing some things that you need to know. Supervisor Stec-There is a lot to that. Mr. Quinn-How would I get those things that I need to know? Councilman Boor-Talk to me afterwords. Supervisor Stec-Anyone else like to comment under public hearing for the proposed code changes? Any Town Board questions or comments? Councilman Strough-Yea, I got a comment in relation to what Mr. Salvador was saying I just want a clarification that this does not give the Fire Marshal right to go into anybody’s home Supervisor Stec-Or to trespass. Councilman Strough-It reads this, he has the right to go into areas of public assembly and all dormitory buildings, he is required to do that. Once a year multiply dwellings non-residential buildings every three years should be inspected for public safety or the Town becomes liable. Supervisor Stec-And he scheduled time. 309 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Strough-And it goes on, yes he has to give written notice to the property owner Councilman Brewer-Ten days prior to .. Councilman Strough-Ten days prior and the word reasonable is used several times so it not a case of he can go in and break in and etc. Supervisor Stec-Anything…Roger Councilman Boor-I had a constituents call today with in a question that I could not answer. They were essentially asking if they could vend hot dogs and soft drinks at Jenkinsville Park would they need to get a transient merchants license and apparently it would be prohibited for them to do that cost wise. I am wondering when you start thinking about it obviously we can amend this add to it and change it at any time but it does raise an interesting point this is a marginally durable good at the best, when you get a hot dog then it is gone. Supervisor Stec-Hopefully, hopefully it is marginally durable. Councilman Boor-So, I am wondering if that is something that we need to look at in particular but certainly it is going to be these crazy little things that we do not think about that might not be covered in this that we are going to have to take a look at. Supervisor Stec-I would agree and I would agree with your solution that if as we are aware of these things we do what we have done in the past we fix them. But, you are right, I think Councilman Boor-I think she said it would cost, I did not do the analysis of it, she said it would cost her five hundred dollars to sell hot dogs. You would have to sell a lot of hot dogs. Supervisor Stec-A Transient Merchant could be cost prohibited somebody with a hot dog cart, sure. Anything else Roger? Mr. Salvador Mr. Salvador-I would just like to comment on Mr. Strough’s comment. On an annual basis our facility has been inspected by the New York State Health Department for all of the things the Fire Marshal has on that list. We do not get a permit to operate until that inspection is done and they satisfy themselves that we conform to the requirements. It is all there, and it includes handicapped access, which I do not see anywhere in our code. We have a gasoline dispensing facility a rather small one but it has to meet all the requirements of the DEC the Fire Prevention Code. When Kip Grant was the Fire Marshal here he came every year every year he was on the spot we had to coordinate it with the fire that did it and certified it with Kip Grant. It has not happened in the last few years and I do not know why, I call I ask I do not get straight answers. There are other agencies out there that do this, they are required to do it and we do not need the over lapping of the town. If we have a permit to operate that should be sufficient. Supervisor Stec- Anyone else public comment on this proposed Zoning Code Public Hearing? 310 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Strough-I have got a question. The first question is should we define what is junk? We have junkyard, junk car we do not defined what junk is. Supervisor Stec-Is it somewhere else in the code book though, it may not be in our resolution but is it in the Code Book Marilyn? Councilman Boor-I am just guessing and I fully appreciate what we are talking about here but I do not think there is any language that is going to sufficiently describe what this is to me and what it is to you. So, Executive Director Ryba-It is more clearly outlined under unlawful deposit as well. Councilman Boor-So, I think we do run into some discretionary issues and problem and I guess that is why we have judges that they take a look at pictures they listen to testimony they understand what our town looks like because they are residents here and I would hope that they would make the appropriate decision. Councilman Strough-I do not know how to define it but I know it when I see it. Supervisor Stec-I have heard that before. Councilman Boor-I believe that is pornography. Supervisor Stec-That goes back a few years. Councilman Strough-Yea, 1973. One other question it is on article 6 deposit of junk, page 5 of the handout that we have, page labeled as page 5, section E. I think that I brought this up over e-mail I never got a response. When I read Section E I have one concern. It says no person firm or corporation shall store, deposit, or display used household goods or personal articles furniture, clothing or other similar items on any property within the Town expect that a residential home owner or occupant or non for profit organization may conduct up to four garage sales per year not to exceed three consecutive days. This prohibition shall apply to the sale of motor vehicles, recreational vehicles, and equipment when such sales are not part of a legal business in a zone where they are permitted and such sales shall be included in the maximum number of garage sales per year. Now, my two questions are and this may answer it, it may not jump out at me though, maybe Counsel can help me out. How about if I am a Smith Equipment kind of business, where I am putting used lawn mowers and used snow blowers in front of my business and is not zoned for commercial it is zoned, and I am a non conforming use am I covered by that paragraph? Supervisor Stec-I think so. The very last line there when such sales are not part of a legal business in a zone where they are permitted. So, if you are in a zone where that is permitted then it would be legal. 311 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Strough-It is not a zone where it is permitted it is a non conforming use. Councilman Brewer-It pre-dates zoning. Councilman Strough-It pre dates it but see the wording is such that I am having a little bit of trouble Councilman Turner-It is grandfathered, John. Councilman Strough-seeing if a Smith Equipment kind of place would fit into that? Councilman Turner-John it is grandfathered. Councilman Strough-Yea, but Ted but what if it is not grandfathered? How about if I want to open a new Smith’s Equipment and I get permission to do it? Councilman Turner-You would have to go through Councilman Brewer-Then it is part of your site plan. Councilman Strough-Then it is permitted? Town Counsel Schachner-I do not think you would run into a problem if you wanted to open a new Smith’s Equipment and nothing in any of these provisions changes if someone has vested rights to continue an operation that is either in compliance with zoning or lawfully a prior non conforming use. You can add or other wise grandfather if you want I do not think that would change the meaning of this, but I think it is covered. Councilman Boor-One other, just follow up on that I do not want to get into this too deep, but what about expansion of a non-conforming use? Councilman Brewer-That requires a site plan. Town Counsel Schachner-What about expansion of a non-conforming use? Councilman Boor-Would this apply to that, in other words lets say that and I don’t, lets say Jo Blows Equipment is currently using two acres to display used goods whatever and he has five acres and now he is using four of those acres, would this effect those additional two acres? Town Counsel Schachner-Generally you are not supposed to expand a pre- existing non-conforming use without compliance with Zoning, Chapter 179. Councilman Boor-All right so then it would be a non-issue then. Councilman Brewer-You would need a variance and or a site plan correct? Supervisor Stec-All right one last try for public comment on this proposed zoning change, zoning code change. 312 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Town Clerk Dougher-Dan? Supervisor Stec-Darleen, I am sorry, Darleen Town Clerk Dougher-That is ok. Under E when you are talking about the four garage sales per year, I believe that is going to be extreme cumbersome for anybody that is going to go out there and try to find these people. This needs to be expanded. Supervisor Stec-Darleen had mentioned that to me this after noon and I did not have a chance to address it obviously between then and now with either Counsel or Marilyn but the question is enforcement of four garage sales a year how, do we have a plan for that challenge and if we don’t have a good plan I know that Darleen suggestion was that maybe for paragraph E we pull that section and come back to it the garage sale portion at a later time when we have a license or Darleen’s suggestion today was license but and I know that you had considered it but I could not remember exactly. Councilman Brewer-Dan, if I could interrupt I think this was based on input from me to Cathy Radner whereas not so much your next door neighbor has a couple of garage sales a year is where there are several people that put signs up that say garage sale and have it three hundred and sixty five days a year. I think that was toughen up to address those situations where there is like I said somebody has a garage sales and it starts in April and it never ends to December. That is what we are trying to prevent not the brother and sister-in- law have a garage sale three or four times a year I do not think that is the issue. Town Clerk Dougher-That should be defined better in here because that is not the way this works, if you are going to be compliant through out the town this is saying anybody that has a garage sale has to be compliant. Councilman Strough-I am not so comfortable with making people go out and get permits every time they want to a garage sale. Town Clerk Dougher-I am not either, all I am saying this is too grey an area. Councilman Strough-All right why don’t Supervisor Stec-Darleen’s suggestion and I do not want to put words in your mouth but your suggestion today was maybe, Town Clerk Dougher-Take it out. Supervisor Stec-Well to take it out, but you suggested the only way to enforce this maybe a license and I agree with what I think I am hearing John and Tim say that license isn’t necessarily where we want to go and the intent here was that perpetual garage sales, well I am covered because this is a garage sale. I think we were prepared to let this go on a, as complained of, which is a lot of our code is we know about it when somebody alerts us to it. But, Marilyn do you have? Executive Director Ryba-Well, I was just going to say a lot of our, what happens too is you know neighbor against neighbor kind of deal so that if it 313 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 would be more than just a perpetual garage sale but it might be a situation where someone doesn’t care for their neighbor and so they call us up trying to get us into the middle of their civil problems. So, I ..every day. Councilman Brewer-Is that person really going to is it going to happen that often the changes of neighbor, neighbor fighting and one of the two neighbors is going to have a half dozen garage sales, what is the chances? Executive Director Ryba-I do not know. Councilman Brewer-I bet it is not any greater than ninety … Executive Director Ryba-I think what Darleen proposes is a cleaner way of doing it and it is an even application of the law. Supervisor Stec-I am comfortable with leaving it for now, leaving it in there and maybe seeing how it works. Councilman Brewer-If you get a bunch of complaints about one guy then you address it. Town Clerk Dougher-Maybe that is what you should change the language and say perpetual garage sale. Supervisor Stec-Can we put in a statement of legislative intent here Mark and say the intent here is to put an end to perpetual long standing garage sales? Town Counsel Schachner-We can certainly do that but frankly that doesn’t in my opinion solve the Town Clerk’s concern, which I think is a reasonable and appropriate concern. Legislative intent is all well and good but the fact is and it is not up to me to involve myself in policy decisions but my own personal observation might be a different a little bit different than Councilman Brewers it seems to me right off the top of my head a number of neighbors who might think gee I would like to get back at my neighbor and I see he has run four garage sales or five garage sales or she has. I think if you want to have legislative intent language we can try to draft something I do not think that would solve the problem and if you want, if one of your goals is even handed enforcement to use one of the phrases that has been used the Town Clerk’s concerns are reasonable concerns. Supervisor Stec-So, then procedurally Town Counsel Schachner-That is not to suggest that you can’t leave it in and try it so to speak which I think is what I am hearing from some Town Board Members. Supervisor Stec-I do not think it would hurt to leave it in and try it but another way to go could be pull E for now and come back to it later. Town Counsel Schachner-And that certainly legally, no problem with that legally. 314 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Brewer-Well, I do not want to, I do not have a problem pulling E, but I want to get going on it and get it done and resolve that problem that we have. Councilman Strough-Well the advantage to pulling it as well do that, if we leave it in there Supervisor Stec-It may take awhile, it may take longer.. Councilman Brewer-Then lets pull it out. Supervisor Stec-We can pull E right? Town Counsel Schachner-There is no question. Supervisor Stec-That is in proposed section 96-26 unlawful deposit again Chapter 96 Garbage, Rubbish and Refuse which is on page 5 the bottom of page 5 and top of 6. Councilman Brewer-It starts at 5 and goes to the top of 6, and Mark you will make an effort to let your firm know we want to do that. Supervisor Stec-Marilyn and obviously we will involve Darleen because she could well help us out in this. Ok. Any other members of the public? Any other comments from Town Board Members? All right we will close the public hearing. Any further discussion from Town Board Members? Entertain a motion Councilman Boor-A motion to approve these changes with the exception of 96-26 E regarding Garage Sales. The understanding is that we will revisit the portion referring to Garage Sales at a later date, hopefully not too later. Councilman Turner-I think we ought to revisit the bottom of the page probation shall apply to the sale of motor vehicles, recreational vehicles and equipment, I know it is part of it but we ought to look at that too. Supervisor Stec-We will look at the whole paragraph and maybe come back to it. RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER61 “OUTDOOR BURNING,” CHAPTER 88 “FIRE PREVENTION AND BUILDING CONSTRUCTION,” CHAPTER 96 “GARBAGE, RUBBISH AND REFUSE,” CHAPTER 102 “JUNKYARDS,” CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” AND CHAPTER 161 “SPECIAL SALES EVENTS” RESOLUTION NO. 232, 2005 315 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2005 to amend Queensbury Town Code Chapter 61 “Outdoor Burning,” Chapter 88 “Fire Prevention and Building Construction,” Chapter 96 “Garbage, Rubbish and Refuse,” Chapter 102 “Junkyards,” Chapter 160 “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors” and Chapter 161 “Special Sales Events” to: 1) revise the penalties for offenses under the various Chapters for greater consistency and greater ease of enforcement; 2) clarify requirements for inspections of occupied premises and enhance public safety by allowing revocation of a certificate of occupancy where inspections have been refused; 3) create a new Article VI under Town Code Chapter 96, “Garbage, Rubbish and Refuse,” consistent with the Town’s existing Junkyard Ordinance, clarifying prohibited deposits of junk and the penalties for illegally depositing junk on property within the Town; 4) limit the number of vehicles intended for resale allowed outside of junkyard enclosures; and 5) add regulation of tents and similar temporary structures to Town Code Chapter 160, “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, the Town Board duly held a public hearing on May 16, 2005 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 2005 entitled “A Local Law to Amend Queensbury Town Code Chapter 61 ‘Outdoor Burning,’ Chapter 88 ‘Fire Prevention and Building Construction,’ Chapter 96 ‘Garbage, Rubbish and Refuse,’ Chapter 102 ‘Junkyards,’ Chapter 160 ‘Transient Merchants, 316 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Transient Merchant Markets, Peddlers/Solicitors’ and Chapter 161 ‘Special Sales Events’, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None LOCAL LAW NO.: 2 OF 2005 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 61 “OUTDOOR BURNING,” CHAPTER 88 “FIRE PREVENTION AND BUILDING CONSTRUCTION,” CHAPTER 96 “GARBAGE, RUBBISH AND REFUSE,” CHAPTER 102 “JUNKYARDS,” CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” AND CHAPTER 161 “SPECIAL SALES EVENTS” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 61, “Outdoor Burning,” §61-4 is hereby amended as follows: § 61-4. Penalties for offenses. An offense against any of the provisions of this chapter shall be a violation and, upon $950 conviction thereof, such violator shall be subject to a fine of not more than $1,000 317 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 for a first offense, $950 or or imprisonment for a period of not more than one year, or for a second offense both . SECTION 2. Queensbury Town Code Chapter 88, “Fire Prevention and Building Construction,” §88-3 is hereby amended as follows: § 88-3. Adoption of standards. The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of the New York State Uniform Fire Prevention and Building Code (henceforth In referred to as the "Building Code"), if any, and all subsequent amendments thereto. the event of conflict between the Uniform Code and the Town Code, the more stringent standard shall apply. SECTION 3. Queensbury Town Code Chapter 88, “Fire Prevention and Building Construction,” is hereby amended by adding §88-22 as follows: §88-22. Inspections of occupied premises. A. The Fire Marshal shall maintain a schedule of required inspections consistent with the Uniform Code. B. The Fire Marshal shall establish the schedules of required inspections which shall provide for inspections of 1) all buildings containing areas of public assembly, and all dormitory buildings, at minimum once per year and 2) all multiple dwellings and non-residential buildings at minimum once every three years. C. The Fire Marshal, Deputy Fire Marshal and/or their authorized assistants or deputies shall provide written notice to a property owner or occupant of the requirement of an inspection. Such notice may be hand delivered to the occupant or property owner, or posted on the property and mailed to the last known address of the property owner by regular mail. D. No property owner or occupant shall refuse to allow a required inspection within a reasonable period of time. For purposes of this section ten business days shall be deemed a reasonable period of time. E. Should a property owner or occupant refuse to allow a required inspection within ten days of receipt of notice, the Fire Marshal may notify the Director of Building and Code Enforcement of the refusal and request the revocation of the Certificate of Occupancy for the premises. A Notice of Intent to revoke the Certificate of Occupancy may then be hand delivered to the occupant or 318 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 property owner, or posted on the property and mailed to the last known address of the property owner by regular mail, the Notice of Intent shall include direction for the owner or occupant to schedule an inspection. If the required inspection has not been completed within five business days of the Notice of Intent, the Certificate of Occupancy may be revoked without further notice or proceedings. F. Where a certificate of occupancy has been issued for a building, structure or portion thereof containing habitable space, there shall be no change of commercial use based on change of ownership, tenancy, lease holder or occupancy unless and until the Fire Marshal, Deputy Fire Marshal and/or their authorized assistants or deputies shall cause an inspection to be made and a new certificate of occupancy to be issued If a prior . business has operated without a Certificate of Occupancy, this shall not excuse the new owner, occupant, tenant or leaseholder from obtaining a Certificate of Occupancy. SECTION 4. Queensbury Town Code Chapter 88, “Fire Prevention and Building Construction,” §88-24(B) is hereby amended as follows: § 88-24. Penalties for offenses. B. Penalties. Any person who shall fail to comply with a written order of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber or construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Director of Building and Code Enforcement, Fire Marshal and/or Zoning Administrator and/or their authorized assistants or deputies made thereunder or any person who shall violate any provision of this chapter, the Building Code or any rules or regulations adopted pursuant to this chapter or who shall violate or fail to comply with any order made hereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder or any certificate or permit issued there under, or who shall refuse to allow a required inspection, in addition to any other penalties provided for in this chapter, shall be guilty of an offense punishable by a $950 for the first offense, fine of not more than $1,000 or by imprisonment for ; by a fine of not more than $950 or by imprisonment for not more than one year not more than one year for the second offense. , or both and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. 319 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 SECTION 5. Queensbury Town Code Chapter 96, “Garbage, Rubbish and Refuse,” Article I “Dumping,” §96-5 is hereby amended as follows: § 96-5. Penalties for offenses. Any person, firm or corporation who shall violate any of the provisions of this article, or fail to comply therewith, or with any of the provisions thereof, shall be guilty of a $950 for a misdemeanor and therefore liable to a fine in the sum of not more than $1,000 first offense, by a fine of not more than $950 or imprisonment for a term not exceeding for a second offense one year, or both,. SECTION 6. Queensbury Town Code Chapter 96, “Garbage, Rubbish and Refuse,” is hereby amended by adding a new Article VI “Deposit of Junk” as follows: Article VI Deposit of Junk §96-26. Unlawful Deposit. A. Consistent with Chapter 102, Junkyards, no person, firm or corporation shall operate, establish or maintain a Junkyard within the Town of Queensbury without a proper license to do so. B. No person, firm or corporation shall store or deposit two or more unregistered, old or secondhand motor vehicles, no longer in condition for legal use on the public highways on any property within the Town unless the person owning or controlling the land is licensed to operate a junkyard. C. No person, firm or corporation shall store or deposit motor vehicle parts, scrap or salvage, machinery, scrap metals, wastepaper, rags, used or salvaged building materials or other discarded materials or household waste on any property within the Town unless the person owning or controlling the land is licensed to operate a junkyard. D. No person, firm or corporation shall leave, dump or deposit any motor vehicle parts, scrap or salvage, machinery, scrap metals, wastepaper, rags, used or salvaged building materials or other discarded materials or household waste upon any property owned or controlled by another person, firm or corporation without the property owner’s consent or permission. § 96-27. Penalties for Offenses. 320 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 A. Any person, firm or corporation who shall violate any of the provisions of this article, or fail to comply therewith, or with any of the provisions thereof, or any landowner who shall allow such violation, shall be guilty of a violation punishable by a fine of not more than $950 for the first offense; and by a fine of not more than $950 or by imprisonment for not more than one year for a second offense. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Each day that the violation is carried on or continues shall constitute a separate violation. B. A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to restrain by injunction the violation of this Article. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Director of Building and Code Enforcement, and/or their authorized assistants or deputies with the consent of a majority of the Town Board. SECTION 7. Queensbury Town Code Chapter 102, “Junkyards,” §102-11(B) is hereby amended as follows: § 102-11. Fencing; setbacks; open burning. B. All junkyard materials, including junk motor vehicles and parts thereof, shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of the same in the reasonable course of the business. Such materials temporarily located outside the enclosure, any motor vehicles held for resale for use in the public highway and any equipment held for resale for the purposes for which it was originally intended shall be set back at least 20 feet In no event shall more than ten such from any public highway right-of-way. vehicles intended for resale be allowed outside the enclosure. No vehicle § whichmeets the definition of Junk Vehicle as set forth at 179-2-010 shall be allowed outside the enclosure. It shall be a rebuttable presumption that such motor vehicles and equipment are not held for resale if no sale thereof occurs within three months from the date they are first located outside of the enclosure of the junkyard. Vehicles and parts thereof and other material shall not be piled or stacked to a height above the fence or screening device. All wrecking or other work on such motor vehicles and parts shall be accomplished within the enclosure. SECTION 8. Queensbury Town Code Chapter 102, “Junkyards,” §102-15 is hereby amended as follows: 321 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 § 102-15. Penalties for offenses. Violators of any of the portions of this chapter shall be guilty of an offense, punishable $950 for by a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, the first offense; and by a fine of not more than $950 or by imprisonment for not more 15 days for a second offense. or both Each day that the violation is carried on or continues shall constitute a separate violation. SECTION 9. Queensbury Town Code Chapter 160, “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” §160-4 is hereby amended as follows: § 160-4. Definitions. TRANSIENT MERCHANT -- A retail or wholesale business conducted in a building, temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of a public right-of-way; or in any other place for a temporary period of time. The type of merchandise being offered for sale will have no bearing on the This definition shall not apply to a temporary structure or tent used designation. consistently with a Permit issued under Chapter 161, Special Sales Events. SECTION 10. Queensbury Town Code Chapter 160, “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” §160-14 is hereby amended as follows: § 160-14. Enforcement; penalties for offenses. A. Each violation of this chapter or of any regulation, order or rule promulgated $950 thereunder shall be punishable by a fine not exceeding $1,000 for each offense. Each day a violation continues shall be a separate offense. In addition to such fine(s), any transient merchant who shall operate without the required license shall be required to pay the license fees such transient merchant would have been required to pay if such transient merchant had properly obtained such license. The payment of such license fee(s) shall not be a fine but restitution to the Town of revenues that should have been paid. SECTION 11. Queensbury Town Code Chapter 161, “Special Sales Events,” §161- 4 is hereby amended as follows: § 161-4. Definitions. SPECIAL SALES EVENT -- A temporary, short-term use of land or structures for the , or on-site sales in a tent or similar temporary structure if such purpose of off-site sales 322 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 sales were not permitted by site plan review, conducted by an established business lawfully in existence and operation within the Town of Queensbury provided that the items being offered for sale are those items already primarily offered for sale by that business at its principal location. SECTION 12. Queensbury Town Code Chapter 161, “Special Sales Events,” §161- 5(B) is hereby amended by adding subsections (11) and (12) as follows: (11) A tent or similar temporary structure may not be used for any purpose other than sale and storage of items already primarily offered for sale by that business at its principal location. Such tent or similar temporary structure may be erected and maintained for a maximum of seven consecutive days and no more than twice in any year. (12) For a business located within a plaza, the prior grant of another Special Sales Event Permit within the plaza, must be taken into consideration when determining whether the criteria for issuance of the requested permit can be met. SECTION 13. Queensbury Town Code Chapter 161, “Special Sales Events,” §161- 6(B) is hereby amended as follows: § 161-6. Application and fee. B. Each application for a special sales event permit shall be accompanied by an If a tent or similar application fee. The fee for said application shall be $125. temporary structure will be utilized a deposit of $500 shall accompany the application and shall be returned to the applicant upon the timely removal of the tent or similar temporary structure. SECTION 14. Queensbury Town Code Chapter 161, “Special Sales Events,” §161- 10(A) is hereby amended as follows: § 161-10. Enforcement; penalties for offenses. A. Each violation of this chapter or of any regulation, order or rule promulgated $950 thereunder shall be punishable by a fine not exceeding $1,000 for each offense. Each day a violation continues shall be a separate offense. SECTION 15. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 323 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 SECTION 16. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 17. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. Supervisor Stec-That was a significant body of Zoning Improvements that the Town has been talking about for some time that we were able to get through tonight. I appreciate Marilyn you and your staff and Town Counsel I know that a lot of hours went into this over the last few months so we appreciate the effort. This was a significant change to a lot of things that have been gnawing at a lot of peoples time on various Boards, Town Board, Planning Board, Zoning Board and certainly and probably most significantly staff and the public. 1.5 AMENDMENT TO ORDINANCE #28 RE: 4 WAY STOP AT PERSHING/ASHLEY NOTICE SHOWN Supervisor Stec-It has been a concern of some although I am sure John you probably got one correspondence if not all. Councilman Strough-I got a multitude of correspondence about this, do you want me to take? Supervisor Stec-I was going to finish what we were talking about. It started years ago when I was Ward III, and it was revisited here again this spring by John and I both received comments and John certainly pursued this with the Town Board. In order to erect additional stop signs anywhere in Town it does require the Town Board to have a public hearing. You think something as simple as a stop sign is that simple but it isn’t. We need a public hearing, what we are talking about is right now in Ward III in Broadacres neighborhood between, the intersection of Pershing and Ashley there is stop signs in the Ashley direction and no stop signs in the Pershing direction and at least to me and John and certainly to other residents of the area it is a confusing intersection and making it a four way stop is what is the only stop sign change that is before us tonight. Everything else that we have dealt with tonight the involved much, much bigger things this is one intersection, Pershing, Ashley and John I will turn it over to you. Councilman Strough-What first made me think about this intersection was a student from Glens Falls High School was asking me to help her with a term paper she was doing on community planning. We did and the e-mails went back and forth and I suggested websites and other references and so finally she 324 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 gets done with her paper and she says oh, by the way and she went on to tell me how unsafe this particular intersection was, especially for pedestrians, especially for students, because the cars going up Ashley have a stop sign the cars going down Pershing don’t and if you think it is four way intersection you may be crossing that road and it may be, might be quite hazardous to your health in doing so. She said for a long time parents have been very, very concerned about that intersection and other neighbors, I went around to talk to the neighbors and they said yes, they told me about the car accidents and everything else there and just about everybody with the exception of one person wanted stop signs up at that intersection. Supervisor Stec-Actually, I think that girl that you are talking about her and some of her classmates actually met with me as part of that project and they did bring that up then too. So, I think we were contacted by some of the same people. At this point I will open the public hearing, again, stop sign at Pershing and Ashley right now there is just, both directions of Ashley this would add two stop signs in both directions on Pershing. Anyone from the public would like to comment on this public hearing just raise your hand I can call. All right seeing none, any other Town Board comments. Anybody else from the public before I close the public hearing. I will close the public hearing. Entertained a motion. RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 233, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Pershing Road and Ashley Place, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed Amendment to Ordinance No. 28 on May 16, 2005 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT 325 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk’s Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: Stop sign(s) shall be erected to make a four-way intersection at the intersection of Pershing Road and Ashley Place. SECTION 2. 326 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. 1.6 PROPOSED AMENDMENT OF ZONING ORDIANNCE AND MAP FOR POPERTY OWNED BY GEORGE AMEDORE/AMEDORE HOMES NOTICE SHOWN Supervisor Stec-I see the Amedore agents are here this is located on the corner of, or near the corner of Bay and Quaker Road on the southeast corner. The applicant met with the Town Board a couple of months ago or so. This project was forwarded to the Planning Board for their consideration. I think in completeness it was originally requested from the applicant to be rezoned from Highway Commercial intensive to MR-5. The Town Board had not unanimous but we did have a majority of concerns as to what we wanted to limit it to just MR-5 or did we want to rezone it to Professional Office, which depending on who you talk to in the most distinct way of putting it allows for MR-5 and offices because we wanted the Planning Board to have that flexibility. The Planning Board did make a recommendation back to the Town Board to rezone it to in fact MR-5 which was the original request from the applicant. That was recommended for approval to the Town Board by the Planning Board and so we set the public hearing, which is how we got to tonight. Good evening and I will let you make a comment Mr. Lapper. Attorney John Lapper-For the record, John Lapper and Chris Round. We will try to be brief since there has already been discussions and there was a full public hearing at the Planning Board last month which as the Supervisor mentioned the Planning Board unanimously recommended the rezoning . Supervisor Stec-And they made negative SEQRA declaration, I want to add for the records. Attorney Lapper-This property as you will recall was previously proposed for a supermarket which was permitted under the current zoning in a much more intensive use. We believe a condominium residential condominium project is much less intense certainly in terms of traffic, in terms of noise in terms of removal of vegetation this is just a softer use in a congested area of town. This makes a nice transition between the commercial and the single family residential to the south. It has been well received by the neighbors and we just think it is more appropriate and the Planning Board was very supportive. With that I will ask Chris to give comments and we will answer any questions the Board or the Public may have. Supervisor Stec-Mr. Round, nice to see you again. Chris Round-For the benefit of the public the site is located just south of the Quaker Road intersection with Bay Road it is located on the east side of Bay Road just south of Hughes Insurance site and just north of Cost Control 327 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Associates so it is on that side of the property. It is about a seven acre site, as you all know it is currently zoned Highway Commercial. We were in front of this Board in December, again in January and again in February and I think you have all generally well received this particular project. As a part of our SEQRA Review process we completed a traffic impact analysis that the Planning Board has reviewed. We have also looked at design of storm water management systems, we have looked at ground water, we have done a GEO technical investigation so we have done quite a bit of investigation of the site we think it is well suited for residential uses, it is served by municipal water and sewer. It is located in the Glens Falls School District which is an advantage given the concerns about growth in the Town today. We have had conversations informal conversations with the Glens Falls School District and they look forward to increased assessed value within that district to help with the tax burdens that we all face. Traffic impacts were one of the major concerns of the Planning Board and I think of this board and we identified that the total volume of traffic from the project that we have planned is between twenty-nine and thirty-five vehicles during a peak period. That is relatively minor in contrast with the sixty five thousand square foot commercial project that was proposed there some years ago that we were looking at on the order or six to eight hundred vehicles during a peak hour, so it is relatively minor in contrast with that project. We have done a cultural resource investigation there are no archeological artifacts on that site. We thought that potentially we would identify something given its proximity to the resources in the Town and I think we are all familiar with the Friends Burial Ground or the Quaker Burial Ground across the road, so we are happy to find that out. We do have some wetlands on the site and we are pursuing a Core. Permit, it is permissible under Nation Wide Permit. We think we have a pretty good project and I guess we will bring it back to you folks and let the public comment or ask questions. Supervisor Stec-All right, thank you very much. I will open the public hearing is there any members of the public that would like to comment on this proposed rezoning as described by Town Board and Applicants Agents? Again the southeast corner of Quaker and Bay, formally approved site of potential Grand Union I think it was and now residential under MR-5. So, the rezoning would be from Highway Commercial Intensive to MR-5. Any comments. Any comments from the Town Board? Councilman Boor-You are correct Chris in your recounting of the number of times we have met, we have had discussions I think some of us have expressed some concerns. I am pleased that the Glens Falls School District welcomes this project because for the record if this had been in the Queensbury School District I would not be as likely to say yes to taking Commercial Property and moving it to the type of use that is a burden or more burdensome I should say, as a higher cost to the taxpayers. Certainly Glens Falls does have issues and if they, if it is something that can benefit them I think it is a good project. I will not comment on the density that is something that you will take up at the Planning Board level, but good luck. Councilman Strough-Well, my concern with this property being familiar with it from the mega store is the ground water issues there, it proximity to Halfway Brook its proximity to the Quaker Road, Bay Road intersection and I think the multi family is just fine however the density of five thousand per unit makes it eight plus units per acre, for that particular area I thought was a little high. I 328 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 think if you remember I suggested Professional Office to try and kick down the density of the apartments as well as provide some commercial space along Bay Road. I still prefer that and the Planning Board declined the Professional Office not because they did not think it wasn’t a good idea they did not like the fact that we have not fully defined it yet. There is still ambiguity in the Professional Office Zoning according to some. So, rather than go there which maybe they would have preferred to do they kept it with the MR Zoning or the Multi Family Residential. Now, I suggested in the mean time and it has not gotten kicked around much I suggest Suburban Residential for Urban Residential, both of which would allow you to do what you want to do but the densities are a little bit less intensive, they are more moderate in their intensity. Your most intense development is what you are proposing is the multi family residential in an area that has ground water there and other issues there I am just not comfortable with that. I just wished you would have come back with a Suburban Residential or an Urban Residential and I would have been fine with this. So, do I think it is a bad project, no. Do I think it is too dense or has the ability to be too dense, yes. You might counter that with saying isn’t that a Planning Board thing, well, yes. My ideal world I think it would be best suited for Suburban Residential or Urban Residential so I am not comfortable with the Multi Family. Supervisor Stec-Anyone else on the Town Board? Any other members of the public like to comment? I will close the public hearing. Give the applicant an opportunity to respond to what you have heard. Attorney Lapper-I guess just generally we did seriously look at the possibility of an office building on Bay Road after we heard what you said at the meeting. The problem is just that it is pretty narrow at the opening there because there is not a lot of space on Bay Road. Just physically what that would have meant is that a lot of these condominium units would have been most likely looking at a parking lot, which was viewed as a negative by the applicant. We view it as a positive to be able to leave a green area on the Bay Road corridor in the front. It was just really was hard to fit it because of what we had there. The applicant did not want to have their residential traffic going behind and next to a parking lot and an office building, they did not think that was a very attractive entrance and it just would have taken up a lot of space really and reduced the density far more than they could justify. So, we looked at it but just physically it was hard to fit. In terms of the storm water issues Chris can address them better than I but certainly it is all going to be treated it is all going to be complying with the DEC regulations. Councilman Strough-It is not the storm water it is the ground water issue. Attorney Lapper-Would you talk about the Chris Round-As John said they did look at Professional Office at your request and actually had a conversation with a potential tenant on that site a bank and when we look at land, site plan out you end up having to have at least a thirty unit parking field and the parking ends up becoming much larger than the structure itself as you see with most retail development or commercial development the parking demands are much larger than the use itself. That consumed as John mentioned consumed a significant portion of site and we end up loosing on the order of sixteen, twenty units and then it becomes a cost 329 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 issue to the developer. The other issue that it triggered was the traffic volumes not a bank which is a much higher volume, drive thru, but traffic volumes for a doctors or a dentist office are nearly four times the value of a residential use and so then we start to look at doubling our traffic volumes and it does become a problem to deal with entering and exiting the site. So, we dismissed it for that reason. Ground water, all the units are going to be on slab, and when we are talking about ground water the potential I think the residents the concern for increased flooding events or increased basement flooding there is an existing drainage system on this site and again we are starting to talk about some site plan issues but its worth while examining. Councilman Strough-Yea, but, again Chris, you are talking about you are admitting that you are putting it on slabs because there is a ground water problem. And if you have a ground water problem if you put too much pavement on there you end up with. Chris Round-That was not the first consideration for slabs, they are a condominiums developments so they are providing like units so when you have a second story unit you cannot give them, you could but it becomes a complex.. Councilman Boor-Did you say lake or like? Mr. Chris Round-Like units. Ground water is four to six feet deep we did test pits on the site and that’s a normal system. Generally when you are talking about ground water the concern is can you carry septic systems on the site, this site would be suitable for septic systems but we have municipal sewer so we take advantage of that. The other issue is basement flooding we are not having basements because of the product that the applicant is delivering. Flooding issue we do have a storm water issue we do have a storm water system that is compliant with DEC, GPO 0102 system and it is going to discharge to the wetland which is a permitted process. So, it is a good project from a site development standpoint and its impact on the environment. Councilman Strough-My whole argument is, yes, I can agree with you but there are potential problems and with the Suburban Residential or Urban Residential which is more moderate density you would have less of a chance of having a problem there, and so another thing about the traffic flow is banks and commercial enterprises have different quality to the traffic flow, different times and everything else that has to be put in the mix. But, in any event, I just think, you are asking for in my opinion, as just one Town Board Member, I think it is a little bit excessive. Attorney Lapper-One quick response to that, John, this is a transition project between the back of Denny’s so it is not something that certainly would be suitable for a single family and we have viewed the higher density as a good transition between single family Councilman Strough-I know, I do not have a problem with what you are proposing just the density, that is all. Supervisor Stec-Any other questions from Town Board Members? Anything else you would like to add? 330 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Attorney Lapper-No Supervisor Stec-Did I hear you say that this was unanimously recommended by the Planning Board? Attorney Lapper-Yes. Supervisor Stec-What was the date of that? th Attorney Lapper-It was in April, Chris recalls the 19. th Supervisor Stec-April 19 you received and it was a negative SEQRA declaration and unanimous recommendation. Councilman Strough-Did they consider Suburban Residential, Urban Residential? Attorney Lapper-They just considered Councilman Strough-No they didn’t. Attorney Lapper- PO and MR-5. Councilman Strough-Point counter point. Supervisor Stec-Any further discussion? I will entertain a motion. RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE AND MAP FOR PROPERTY OWNED BY GEORGE AMEDORE/AMEDORE HOMES RESOLUTION NO. 234, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by George Amedore/Amedore Homes to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 302.8-1-13, 14 and 15 located on the east side of Bay - Road between Homer and Quaker Avenues, Queensbury, New York from HCInt (Highway Commercial Intensive) to MR-5 (Multi-Family Residential – 5 Acres), and 331 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 th WHEREAS, on or about February 28, 2005, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and th WHEREAS, on or about April 19, 2005, the Queensbury Planning Board considered the proposed rezoning, performed SEQRA review, adopted a SEQRA Negative Declaration and made a recommendation to the Town Board to approve the rezoning to MR-5 (Multifamily Residential – 5 Acres), and th WHEREAS, on or about March 9, 2005, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed rezoning on May 16, 2005, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the request by George Amedore/Amedore Homes and hereby authorizes an amendment to the Town of Queensbury Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 302.8-1-13, 14 and 15 located on the east side of Bay Road between Homer and Quaker - Avenues, Queensbury, New York from HCInt (Highway Commercial Intensive) to MR-5 (Multi-Family Residential – 5 Acres), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with the Town of Queensbury’s GIS Administrator to update the official Town Zoning Map to reflect such changes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER, 332 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Stec NOES : Mr. Strough ABSENT: None 2.0 CORRESPONDENCE 2.1 Community Development – Building & Codes Report for April 2005 on file 2.2 Town Clerk’s Monthly Report for April 2005 on file 2.3 Transfer Station Reports for April 2005 on file 2.4 Ltrs. 2.4a Ltr. Mr. Dan Stec Town Supervisor & Town Board 742 Bay Road Queensbury, N.Y. 12804 Kevin Walkup 516 Luzerne Road Queensbury, N.Y. 12804 Dear Mr. Stec, Please do your job as Town Supervisor that you were elected to do. Citizens do not get to elect the Planning Board members even though they should. What is our control over this board if they do not serve the voter’s interest. Who oversees them? The answer is obvious, you do. The fact that Mr. Vallaro thinks his own determination of review standards should be above the Girl Scouts is an outrage. Clearly things have gotten out of control and the Board needs to be chaired by a centralist. I think you want many viewpoints on a board of this nature, but clearly he is too ready to let his vision of “proper review” dominate the lives of citizens and children in this case. This will be a huge problem going forward if the Town Board decides to take the Chairmanship so far from the moderate center. People will argue whether Mr. Vallaro is a good board member, that’s debatable. Putting him in control would clearly be a mistake. Sincerely, /s/ Kevin Walkup 333 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 2.4b. Ltr. Town of Queensbury Town Supervisor & Town Board 742 Bay Road Queensbury, N.Y. 12804 William Nelson Ridge Road Queensbury, N.Y. 12804 RE: Planning Board Dear Town Board, Let me comment on what now is a well-known fact in the Town’s zoning practice and application. That is that the Planning Board has begun to see itself as a policy- making institution. This is not the mandate that should be granted or allowed by elected representatives of the Town. Both the Zoning Board and the Planning Board are expected to give impartial review of applications as described by specific sections of Town Law. Town law that is put in place by the Town Board. Mr. Vallaro’s accession to chairmen would make this problem dramatically worse, His close association with special interest groups in the Town and his willingness to administratively make law without a mandate is dangerous. My understanding is that several of the Planning Board’s cases have been overturned recently by the courts for improper actions. Making Mr. Vallaro Chairmen will only expedite the eventual rush of lawsuits against the Town by citizens whose rights they should have been protecting. I urge Mr. Stec to make an concerted effort to stride for equilibrium on the Planning Board. Naming Mr. Vallaro chairman would completely off balance the whole board and the results for everyday citizens and businesses could be devastating to our futures. Sincerely, /s/ William Nelson Queensbury Town Board 742 Bay Road Queensbury, N.Y. 12804 Dear Town Board Members: I was extremely disappointed to learn in the newspaper of the “unofficial” plan of Supervisor Stec and town board members Tim Brewer and Ted Turner to remove Robert Vollaro from the chairmanship of the Queensbury Planning Board. I have been observing Queensbury Planning Board meetings for the past ten years and have never seen the meetings run as efficiently and in such a focused, business-like manner as they have been under the direction of the acting chairman, Robert Vollaro, Furthermore, Mr. Vollaro’s technical expertise and tireless research on projects before the board and on behalf of Queensbury’s residents should entitle him to an award from the town board, not this slap in the face. I can only conclude that the issue of “customer service” is merely a smokescreen for other concerns. This town board action will put the planning board on course to become a rubber stamp for special interests. Please reconsider this ill-advised, politically meddlesome and retrogressive resolution. 334 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Sincerely, /s/ Mark Hoffman May 13, 2005 Town Board Members Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 I would like to take this opportunity to address the Town Board on an issue that I feel has ramifications for the future growth and development of the Town. I propose that the Town Board support Robert Vollero for the Chairman of the Planning Board, as was unanimously recommended by his fellow Board members on the Planning Board. Mr. Vollero is an extremely competent and conscientious member of the Planning Board, It would be a grave disservice to the Town if the Town Supervisor and two Town Board members can dictate the composition and actions of the Planning Board, or any other Board for that matter, to fit into their own political agenda. The Town Board needs to support the Planning Board in its attempt to serve the best interests of the town. Please vote in favor of Robert Vollero being confirmed as Chairman of the Planning Board. Sincerely, /s/ Karen C. Angleson 1 Greenwood Lane Queensbury, N.Y. 12804 May 15, 2005 Queensbury Town Board 742 Bay Road Queensbury, NY 12804 Mrs. Joann Piazza 40 Meadow Drive Queensbury, NY 12804 Dear Town Board, Politics should be put aside in the important quest to find a fair, balanced Chairman for the Planning Board. Queensbury is a growing area like Saratoga Springs with a bright future ahead of it. The proper management of that process is critical to keep the tide rising and benefiting our property values. Saratoga is not the only municipality capable of sustained growth and popularity. Queensbury is every bit as attractive, if not more so. My concern is that Mr. Vallaro represents special interests with designs of administratively ending the growth of our town through the Planning Board. Mr. Vallaro is not elected official so the idea that he could, through an appointed position, actually dictate economic growth is appalling. Positions of this sort have an unwritten mandate to allow for impartial review of property interests. Mr. Vallaro has not demonstrated that he can do so without undue influence from certain Town Board members and the Citizens of Queensbury Political action Committee. Mr. Vallaro has every right to his views. To 335 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 make those views the defacto economic policy of the Town by appointment to the chair is undoubtly an economic disaster. Thank you for listening to my concerns. Thank you, /s/ Joann Piazza 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR Councilman Strough-I would like to introduce a resolution and I guess with be 6.16 and so the public knows let me just briefly read it, it is only one page: WHEREAS, the Planning Board met on April 19, 2005 and made its unanimous recommendation for Planning Board Chairman, that person being Robert Vollaro, and WHEREAS, the Planning Board unanimously reaffirmed recommendation for Robert Vollaro at its May 10, 2005 meeting, and WHEREAS, Robert Vollaro has dedicated 7 years of service to the community as a member of the Town of Queensbury Planning Board, and WHEREAS, Robert Vollaro has earnestly protected the interests of the community as a member of the Planning Board, and WHEREAS, Robert Vollaro, as acting chairman, has managed the Town’s Planning Board meetings in a professional, attentive, evenhanded, business-like manner and has a layman-friendly review progression that is applicants, logical and orderly and benefits both the reviewers and and WHEREAS, Robert Vollaro has exhibited the necessary analytical engineering and technical expertise skills desirable for a chairman who represents the community’s residents, and WHEREAS, Robert Vollaro has dutifully attended classes in community planning, giving him the desirable expertise our community expects a Planning Board chairman to have, and WHEREAS, Robert Vollaro has been commended by many for his vigorous pursuit to obtain an education in community planning and is widely known by other members of this community to be most thorough when analyzing applications brought before the Planning Board he is more than well-suited to be the chairman of the Town’s Planning Board, and WHEREAS, Robert Vollaro is able to digest complex issues and has exhibited proficiencies in responsible land use knowledge of zoning and comprehensive planning that compliment his adept management style, and WHEREAS, Robert Vollaro ardently helped applicants to achieve a higher signage, landscaping, architectural, streetscape, storm water and other community design standards for the benefit of all in our community, and 336 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, Robert Vollaro is the appropriate person for the Planning Board Chairman because he has the aptitude to guide his fellow Board members through the State Environmental Quality Review process. A process that in our town is frequently complex and comprehensive and involves serious issues and potential impacts, such as NYSCEC and ACOE wetlands, storm water, traffic and public safety, and WHEREAS, because the Town of Queensbury is facing unprecedented development challenges, we need a chairman with Robert Vollaro’s expertise and conviction and any placement of a chairman with lesser assurances would be detrimental to the health, safety and welfare of current and future residents of Queensbury, and WHEREAS, the Queensbury Town Board wishes to authorize the Town Planning Board’s appointment for Chairman for the remainder of 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Robert Vollaro as Chairman of the Town’s Planning Board for the remainder 2005. th Duly adopted this 16 day of May, 2005 by the following vote: AYES: NOES: ABSENT: That is my resolution. Introduced by Councilman Strough, Seconded by Mr. Roger Boor Supervisor Stec-We will handle this as we do for all of our resolutions from the floor as 6.16 or following the last resolution this evening. Mark I assume you have a copy do you see from a legal perspective is it adequate? Town Counsel Schachner-This is a little picky but I might suggest that the proposed resolve language instead of authorizing the appointment simply state hereby appoints. Councilman Strough and Councilman Boor agreed to the change in wording. 4.0 PRIVILEGE OF THE FLOOR (LIMIT 5 MINUTES) Mr.Pliney Tucker-41 Division Road – Any report on Niagara Mohawk Property above the Water Treatment Plant? Supervisor Stec-Town Counsel Hafner has been working with Niagara Mohawk’s Attorney, noted correspondence to Niagara Mohawk has not been answered as of yet…still working toward the acquisition of the property. 337 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Mr. Tucker-Questioned the reason for discussing the Community Center at a workshop? Supervisor Stec-Thanked publically the Recreation Commission on their efforts…after the meetings for the public were held the Town Board felt there was a meeting needed with the Recreation Commission that will be held this Wednesday at 7:00 P.M. we will not vote that night… Mr. Tucker-Questioned Councilman Brewer on the Cemetery on Corinth Road looks the same as it did two weeks ago. Councilman Brewer-Spoke to Mr. Genier and he assured me that when they got done doing some other work at the Cemeteries they would be over there to fix the stones. Mr. Tucker-Asked that they hire someone to fix the fence. Councilman Brewer-Noted they are going to take the fence down. Mr. Tucker-The Zoning of City property, you will not be giving away anything will you? Supervisor Stec-No. Noted that the Mayor has been contacted regarding the meeting, I am awaiting to hear back from them. Mr. Tucker-In regard to the new assessment the town’s share of the operation of Crandall Library can you get that? rd Supervisor Stec-Crandall Library is coming in to us on the 23. Noted that the five members of the assessment review met with the appraisal consultants and joint assessor Helen Otte, Mike Swan and myself, Grievance th Day is May 24, you can bring in your grievance up until the time they close their session… Mr. Paul DiPhillips-formerly of 36 Hidden Hills Drive Spoke on the relationship with the Town Board and Planning Board using baseball as an analogy… Mrs. Carol LaPoint-Hughes Court – Spoke on Appointment of Planning Board Chairman - disappointed in the interaction between the Town Board and Planning Board - If we trust them (Planning Board) to make these decisions we certainly should make the accountable and trust them enough to make a decision on who their own chairman should be, I cannot believe that this Board would sit here and say they do not have that right or they don’t have the knowledge. We elected the Town Board to work in a professional manner; it cannot get done until we get past the six-grade playground trying to show our muscles. Lets think and do this for the good of our town and let the Planning Board do their job as they were appointed to do and keep going in an altering their manner what will be next, what will we say to them next that they cannot, do. I think there is a lot of outside manipulation as far as maybe even you guys work people trying to dictate to you how you are supposed to vote and figure out things I do not think that is 338 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 a good idea. You need to let these people do their job and not interfere with them. Mr. Steve Thetford-26 Pasco Ave. – Spoke on Code Enforcement - spoke about the re-licensing of the Mosher’s Junk Yard by his house…noted there is a problem in that there are violations at this junk yard…we need somebody to enforce the laws, the code is no good unless somebody enforces them. Executive Director Ryba-I was there today and everything that is as per code is being enforced and I spoke with Mr. Mosher myself as well and went to a couple of other sites in the Town over the morning. We are working at it and that is all I can tell you at this point. Mr. Thetford-It is not to code… Executive Director Ryba-The thing to do is to take some photos check distances, we have done that as well. Mr. Thetford-The fences are not one hundred feet from the highway, cars are not to be dismantled outside the fence, noted they are not licensed for retail they are licensed for salvage… Executive Director Ryba-Once again there are often details that are not provided and also there are situations where people have a little bit more of a problem because of certain private circumstances so I think we always need to keep that in mind when we respond to something and have to look at various specific items. ..some of these situations did not occur over night and it takes more than overnight to clear them up. Mr. Thetford-Noted that Ray’s Salvage and Mosher’s Junk Yard is a public nuisance…spoke about racing down the road at high speeds and spinning their tires. Attorney John Lapper-Spoke about the Planning process-noted he respected both individuals that are proposed for Chairman – Spoke on the frustration of applicants-reviewed the timing of applications, between submission and review by the department, their review is submitted back to the applicant two days before the meeting there is a rule you are not allowed to make an additional submission in response to that engineer review and a new rule that the applicants engineer is not allowed discussing anything with the Town Engineer. Noted other municipalities the discussion between the applicants consultant or applicants engineer and the municipal engineer is encouraged…noted not having that interaction means that the first meeting nothing can be settled…if there was communications between the consultants the application would move more quickly…there has to be another way to handle this to allow more communication and responsive submissions. Also not aware of any other municipality where there is a limit of applications on the agenda… Councilman Boor-I appreciate the fact that it appears to me that the issue is not the planning board but in fact the timely-ness of your engineers and our 339 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 staff and engineers getting you the information. The perception that the planning board holds things up I think is not absolutely the case. Attorney Lapper-Queensbury’s planning process has a lot of scrutiny which is a good thing you get good results and quality projects, I am just suggesting that the Planning Board’s frustration is caused by some of the procedural rules. Mr. Dave Rabine-92 Mud Pond Road Started a business of rehabbing houses in Queensbury and purchasing property to build homes…spoke to people in Queensbury they are afraid to develop their property, they are frightened to be slandered in the press…spoke to engineer in Saratoga, who said it costs too much money to do anything in Queensbury there were too many rules and regulations and takes too long…Saratoga opens their arms to developers to build property there…all the rules in Queensbury are stone aged it has got to be changed. Mr. Bob Vollaro-7 Glen Court-As of this evening I am Chairman of the Planning Board-unanimously elected to that position by seven members of that board. There is a prepared resolution this evening to replace me with another member of the planning board, reasons for this act are three members of the Town Board have stated as the following; he would not run a meeting, I have been running the meeting since December in the absence of Mr. MacEwan because of his pursuit of new business. Implied that an application before the Planning Board should take twenty minutes. Gentlemen I never realized how out of touch three of you really are. Twenty minutes to go though, we have been here for an hour and half almost two hours now, two hours and five minutes. Three members have questioned my leadership, the subjective term used by politicians when no specifics are offered, neat way to get at somebody. I have accused three members of this board of violating the open meetings law, after consultation with an attorney with the Department of State. The Town’s Attorney has stated that they do not see any violation from the open meetings law, I understand that they are protecting the town, that is their job, that is what they get paid for and I understand what they do. It has been stated that they conferred with the same department of State Attorney my solution to this disagreement is simply to have that Attorney come here read Mrs. Ryba’s ten May letter to the Planning and I do not know if this is possible but I will state it. Take statements from all five Town Board Members as to whether or not they considered telephone canvassing having resulted in a decision to have Mrs. Ryba send a letter to the Planning Board requesting an alternate recommendation or merely to set an agenda item. I do not know what the answer to that is it is obviously a misunderstanding or something to do with that. When I talked to the State Department they asked me read Mr. Ryba’s letter twice and he said there was a definite violation of open meetings. My predecessor Mr. MacEwan has stated to the Post Star additional reason for his recent resignation. Understand my predecessor resigned exactly a month ago. Fundamentally, interference and medaling with the Planning Board business was his problem. I have also had similar experiences with a recent application and since it was mentioned at the meeting tonight I will mention it here I was not going to because they are going to come before the Planning Board. But, it happens to be with the Girl Scouts. I had experience with that application in that the Supervisor sent me e-mails 340 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 urging an earlier hearing for that application plus a letter from Senator Betty Little stating a similar request. Ultimately I received a retraction and an apology from Senator Little on the phone on mis-information supplied to her and she asked me a question. She said who authorized the reading of my letter at the Town Board? Mr. Stec I had to tell her I thought it was you. Concerning the Supervisor’s previously mentioned statement referring to processing an application in twenty minutes I am going to give you a resume of exactly how you do that. You disregard storm water conditions, wastewater disposal, depth to ground water, placing of on site septic system and capacity of municipal sewer system to accept affluence from large subdivision. Regard letters from our supporting engineering firm, forget about lighting standards, landscaping, effects on the neighborhood character, placement of internal roads and traffic on external roads. Disregard our charter to promote health, safety and welfare of our community, do a quick review and approval of our State Environmental Quality Act. Make a motion for approval of the application that is how you process an application in twenty minutes. Thirty minutes if you dare to ask a question. Now the Supervisor said he was very proud of the Walmart and Home Depot and so am I and so should everybody in here. They are great projects. But, I will tell you they took the better part of a year to do, they were not twenty minute applications. So, quick words in my own defense concerning my performance over the last six and a half years. I have never missed an unexcused meeting, I have missed four in six and a half years. I have never arrived late, not once. I was never un prepared, never missed a site visit on Saturday morning, attended all prescribed courses given by the Department of State concerning Planning Board subject matter. These are the true facts as I know them to be, they will not alter the decision by three members of this Town Board to approve the prepared resolution for my replacement and I understand that. However, I intend to remain on the Planning Board as Vice Chairman the position I held prior to this debacle and if the Town Board the three members of the Town Board chose to remove me for cause from the Planning Board we will cross the bridge when we come to it. I thank you very much for your attention. Mr. Donald Sipp-Court House Drive – Spoke on the Planning Board Chairman- Mr. Vollaro has the experience the knowledge the foresight to get applications done correctly…I find in some ways the Town Board Meetings and the way they are conducted bear little resemblance to Robert Rules of Order…spoke on the twenty minute application, not being done on the Town Board…So what insight do we take form all of this here is a man Bob Vollaro who has given the Town excellent service for almost seven years he has been recommended for the Chairmanship of the Planning Board but he is being replaced on the grounds that he is too painstaking too through for his job. The perception that I take away from this leaves a bad taste in my mouth. Mrs. Betty Monahan-Sunnyside Road – Spoke on the responsibilities of the Town Board in regard to the Planning Board … It has been the policy of the Town Board to accept the recommendation of the Planning Board the people who work most closely with the Chairman and best know the qualifications and characteristics needed. Unless the Town Board have some grave concerns along the following lines? Does Mr. Vollaro have a good attendance record? Does Mr. Vollaro do site visits? Does Mr. Vollaro study 341 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 the application and all pertinent information before the meeting? Does he show an understanding of that application. Does Mr. Vollaro treat the applicant and its representatives with courtesy and fairness. Does Mr. Vollaro conduct a public hearing with even handed-ness and fairness? Does Mr. Vollaro ask intelligent questions based on knowledge of our code and the SEQRA Act? Does Mr. Vollaro site the proper sections of same? Does Mr. Vollaro treat his fellow board members with courtesy? Does he give them adequate time to ask questions to express their concerns to state their support for good areas of the application to explore solutions etc? Mr. Brewer as quoted by the Post Star stated we are doing what is best for the Town. How not appointing Mr. Vollaro as Chairman a man of intelligence, knowledge, diligence, courtesy, is best for the town baffles me. Unless you Mr. Stec, Mr. Brewer and Mr. Turner can answer the above questions negatively we your constituents can only draw the conclusion that your opposition to Mr. Vollaro is politically motivated. The reason as given by Mr. Stec, Mr. Brewer, and the Post Star for not appointing Bob Vollaro as Chairman as recommended unanimously by the Planning Board will not hold water, it appears to many of the public that the long arm of the Town Board is reaching out to micromanage the Planning Board even though State Town Law is very clear that this is not to be. The problems that Mr. Brewer and Mr. Stec quoted as reported in the Post Star are not problem caused by the Planning Board or its Chairman nor do they have anything to do with Mr. Vollaro’s actions or qualifications as Chairman. Problems are caused by applications be accepted for the agenda that are not complete, by applications that have been turned down, tabled, coming back on the agenda with very little changes or regard for the directions that have been given by the Planning Board. By the applicants attorney repeating himself, herself over and over hoping to convince the Board. If the Post Star has quoted you Mr. Stec correctly about a good job as possible in twenty minutes are you suggesting no public presentation of the application and abbreviated public hearings no questions from the Board no evaluation of whether the project is in the community benefit and the rubber stamp for the project. That is about a twenty minute time frame allows. Do we forget storm water and wastewater management, lighting, safety and pollution, buffers the neighbors concerns etc.? Is that what you Mr. Stec, call the dumb stuff? Is the meeting run that way which you call good customer service? Good for the community or the developer. Gentlemen I am asking you tonight to support the Planning Board’s recommendation of Bob Vollaro as Chairman and to restore the community respect for your integrity. In closing I would like to read from Section 272 A of the State Town Law Section B. among the most important powers and duties granted by the legislature to Town government is the authority and responsibility to undertake town comprehensive planning and to regulate land use for the purpose of protecting public health, safety and general welfare of its citizens. Please use your authority well to protect the welfare of the citizens of the Town of Queensbury by following the recommendations of the Planning Board. Thank you. Supervisor Stec-What I said in the paper and the reporter is in the back of the room, what I said in the paper was I qualified that by saying that certainly many applications take a great deal of time, however there are some applications and before Mr. Brewer was cut off, he was going to site an example that took three minutes. What I said to the reporter in the paper 342 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 was that for applications that in other towns might take twenty minutes, it takes a great deal longer than that in Queensbury. So, the idea no one on this Town Board I believe is foolish enough to think that twenty minutes for all applications no one ever said that no one I believe would be foolish enough to say that so I have had three people come here and say that I just wanted to correct that factual error. Councilman Boor-A simple question Dan, what town what application? You said other communities do this in less than twenty minutes on applications. What Planning Board Meetings did you go to in another Town what specific applications took less than twenty minutes. Answer that question. Supervisor Stec-That is not relevant. Councilman Boor-I think it is real relevant. Supervisor Stec-That is a generic from my experience in talking with a lot of people in town government throughout the State. Councilman Boor-Instead of talking to people why don’t attend some of these meetings? Supervisor Stec-Roger, fine, next? Anyone else this evening. Mr. Auer Councilman Brewer-I think that would send a signal to the Planning Board Members that you are there trying to coheres what they are doing. Mr. Doug Auer-Read the following letter May 11, 2005 Supervisor Stec Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 To Supervisor Stec: It is deeply troubling to me that you, Supervisor Stec, continue to meddle in the business of our Planning Board. You appear to be more interested in your own political ambitions and keeping certain political operatives happy, than in doing an honest job for the citizens of Queensbury. The spin directed at The Post Star, mischaracterizing the Girl Scour Camp permit issues, dragging NY Senator Betty Little into it, and trying to blame Bob Vollaro and the Planning Board was outrageous. Now you have ignored the Planning Board’s unanimous choice of Bob Vollaro for Chairman (and thereby for Richard Sanford as Vice Chairman), and most likely violated NY State Open Meetings Law when you colluded with Councilman Turner and Brewer to request a different recommendation from the Planning Board for their Chairman. Are you afraid that Richard Sanford will unseat Ted Turner in the upcoming November election? That you will lose your control of the Town Board as Richard joins our only independent thinkers on the Town 343 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Board, John Strough and Roger Boor? And your repeated attempts directly, or through cohorts, to smear John and Roger in the press are unconscionable. This is not the first time you have interfered with the Planning Board, which is supposed to be an independent body. In the past, you have refused to bring to a Town Board vote knowledgeable and independent minded candidates such as Don Sipp. And despite your putting Marilyn Ryba on the spot at the last Town Board meeting, you have created an environment where staff believe it necessary to resubmit controversial proposals repeatedly to both the Zoning Board and the Planning Board. This is the source of any inefficiency that you complain of it crowds the meeting schedule. What can you possibly think you’ll accomplish by not looking out for the community’s interests? Your job is not to intercede for controversial applicants, or to manipulate the composition of the Planning Board. Your job is to lead our government for the benefit of all citizens, not just a favored few. Is there some upcoming controversial development project that you are trying to protect? And do you really think that you can continue to fool the public by spinning stories for The Post Star? Sincerely, /s/ Kathleen W. Sonnabend 55 Cedar Court Queensbury, NY 12804 I absolutely concur with this. I have personal experience where some of the members of this Board have called specifically people to try to influence my coming to this microphone. Mrs. John Salvador-Resident of the Town of Lake George – Winding down a thirty two year career in a family owned and operated business on Dunhams Bay – I am here as the Treasurer of the Queensbury Regional Chamber of Commerce. Spoke on the sale tax collection on places of amusement …all amusement parks pay sales tax on 25% of the pay one price admission ticket through the 2004 season on April 1, 2005 the act will be deemed repealed … requesting that 100% of the admission ticket priced be taxable at the prevailing rate. Requesting clarification through the Senator’s Office, amount to tax to be collected and other technical matters. Mr. Shawn Garvey-North Queensbury - Spoke on this his experience with a proposed rezoning on Quaker Road toward PMS Auto Body and the Car Wash- has support of ten landowners to HC zone – one parcel was not rezoned at the time, noted he purchased the parcel needed it to be rezoned to HC to build a dealership there Mr. Vollaro was the sole no vote he felt it was better used as Light Industrial Use a personal feeling he had a personal agenda he had. Noted that he did receive a super majority vote and the property was rezoned to HC. Reviewed the process to purchase, build and incoming tax revenue the project is generating. The use of this property as HC has proved to be a good idea. His personal agenda was to limit that, he 344 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 has a personal agenda in limiting the number of applications his board hears. I feel it is inexcusable that he has let his personal feelings get in the way that he runs the board. I feel he should step down as Chairman. Thank you. Councilman Boor-A couple of questions-It would be safe to say that you are pleased with the outcome no thanks to Bob Vollaro? Mr. Garvey-That is correct. Councilman Boor-So you recognize that the members of the Planning Board made the right decision. Mr. Garvey-Yes. Councilman Boor-So when they select Bob Vollaro unanimously to be their Chairman that is probably a good decision. Mr. Garvey-Please understand as a business person you are sitting in front of a board you have spent four hundred thousand dollars and the guy that is running it is against you. Councilman Boor-But you got what you wanted because the Board made the right decision. Mr. Garvey-For that one vote, yes they did. Mr. Dave Strainer-1124 Ridge Road - Noted he was surprised at the remarks made by Councilman Brewer that were in the paper they are your personal opinion. I think the people on these boards deserve a little more respect then to read their name in the paper with a thank you, hit the road. Noted he has not met any one as through as Bob Vollaro…I think when his peers have chosen him that this should be something that you recognize. . We deserve to keep their names and our personal opinions of these people out of the paper they do not deserve that. Mr. Gretchen Steffen-Member of the Planning Board-Unhappy to be here this evening, because of the turmoil surrounding the Planning Board, the events of the last few weeks have been very troubling. Things could have been handled very differently. But, they were not and here we are today with strained relationships and an uncertain future. Appointing a Chairman other than Mr. Vollaro is divisive and will affect the group dynamics of our board and the trust among our members. Our role as Planning Board Members is to discuss and decide each application based on their merits and weight and consider the application against Zoning Guidelines, Subdivision Regulations Comprehensive Lane Use Plan and Open Space Vision Plan as well as some other criteria. This is a major undertaking and requires investment in time. We also must provide an opportunity for the Public to be fully heard and fairly treated and sometimes folks do not leave happy. I ask this Board please don’t micro manage this process let us full fill our oath. The Town Board appointed all of us we all have one vote, no one has the authority or power to manipulate decisions as folks have reported here tonight and in person and through the letter. I respect Bob Vollaro very much he is my role model on the board because of his attention to detail his 345 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 commitment to purpose and the countless hours of work that he puts forth for the Planning Board. I appreciate he service to our community and hope you will honor the Planning Boards recommendation and let him finish his term. Mr. John Salvador-I concur with everyone that had all these good things to say about Bob Vollaro, I do respect him as a man of knowledge and dedication. Noted that the boards need good leadership and someone to hold them together for the benefit of the Town. With regard to the person you are considering to take over the Planning Board Chairmanship it is my understanding that Chris Hunsinger works for the State Government as a political appointee. He is the former Warren County Economic Development Director Mr. Hunsinger doesn’t get to Albany without the support of local political committee chairman, that is Mr. Michael O’Connor. Mr. O’Connor has an application before the Planning Board tomorrow evening. Mr. Hunsinger’s wife my understanding is presently employed by the Town of Queensbury under the Supervisor’s direct supervision. He holds sway over her grade rating and salary, which could influence the performance of her husband as Planning Board Chairman. Please take that under advice. RE: June Maxam – alleged missing bail money noted that these are the things that Mr. Stec should busy himself with. Supervisor Stec-We looked into this a year ago at your request with an independent auditor, apparently there is nothing that we are going to do to satisfy that letter writer. As far as the Town of Queensbury is concerned it is a dead issue. Mr. Peter Brothers-I understand and respect the job that the people have to do whatever their job responsibilities are and specifically speaking the recording of the minutes. That is a very tedious time consuming assignment, I have noticed in the past where stuff that has been said at the meetings has not in my opinion has been merely summarized and not really accurately portraying exactly what has been said. I do not mean that as any criticism I know there is a lot of information and takes a long time and respect the job that needs to be done to record that….I would advocate maybe an additional person to help with the recording of the minutes. I would like to see more word or word of what an individual says… 5.0 TOWN BOARD DISCUSSIONS Supervisor Stec-Delta Company our adopted unit they are in Iraq right now and they are looking for items to be donated, bring them to Town Hall and Darleen will take care of boxing and shipping them over…reviewed list of items needed.. Re: Bed Tax-we received an accounting from the Treasurers Office for the closure of 2004 occupancy tax, every town was guaranteed $30,000 the Town of Queensbury received $55,000. Councilman Brewer-Having listen to everything that has been said here tonight I just wanted to say that what I said in the newspaper to Bob Vollaro was not intended to be mean. A hundred percent of you people here don’t know the conversation prior to what I said was and it doesn’t matter. I know Bob Vollaro I served on the Planning Board with Bob Vollaro I have been to 346 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 his house I have no disrespect for him at all. But, as a Town Board Member it is my obligation to see that an appointed board works in an efficient and fair manner. Much of the tone is how applicants and opponents or persons concerned with these applications is set by the Chairman. As an elected official it is my obligation and duty to see the proper tone is set. Bob has taken a very active role in zoning and I thank him for that and I sincerely mean that. But if you review his actions and statements over the last year or so you will find an agenda that indicates he has prejudged many applications, in my opinion others as well. Bob was a strong proponent for a moratorium which found no support for resolution on the Town Board all five of us none of us brought it up. Bob has disregarded this and proceeded to support a slow down of handling of agenda items. You need to look at only one number of tablings that Bob has caused or supported. The Planning Board under his leadership would not get much done in my opinion. There is no conspiracy, for those of you who don’t know the conspiracy might be pointed in a different direction. Bob is a member of the Conservative Party, Doug Auer is a member of the Conservative Party, the Chairman of the Conservative Party called Republican Leaders asking for support for Bob Vollaro for his appointment for the Planning Board. John was endorsed by the Conservatives, Roger was endorsed by the Conservatives, connect those dots Bob. You know everybody says that applications can’t be done. I have a young couple that called me and this is the involvement that I had in the Planning Board and if anybody thinks I am wrong well, that is ok, because I think I was right. A young couple purchased a piece of property in this town and because of a law that was changed two years ago they have to come and get a site plan to build a home on an acre lot, give or take the size of the lot. They sent an application in filed it paid, it was advertised they were on the agenda two days before the meeting the young lady called me up in tears and says I have been pulled off the agenda it is going to take me another month to get my application back on the Planning Board because they reduced the applications from eight to seven, to me that is a travesty when someone wants to build a house. The questions of applications being approved that particular application took three minutes, excuse me two months and three minutes. To me that is not fair and if anyone disagrees again that is ok. We all have our own opinion. I have not advocated any projects since I have been on the Town Board contrary to everybody’s belief I have asked the past Chairman about agenda items and that was such. Five members were called not three when we supposedly violated the law, it is done all the time whether it be local government, state government, or federal government. I have been at Planning Board Meetings at times Bob and others of the Planning Board have no faith in our own engineers that we pay to review projects. That is an injustice to me. As far as people voting against the recommendation of the Planning Board there is three Town Board Members, four Town Board Members in this room right now that have done just that. Pliney Tucker voted against the Planning Board Member to become Chairman, Betty Monahan, Tim Brewer and Roger have all voted against the recommendation of the Planning Board, so Councilman Boor-No. Zoning Board Councilman Brewer-Zoning Board Roger excuse me. A Board that is appointed. So, my point is it is something that is done it is not a mortal 347 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 crime, the Planning Board will function they will live it is just a difference of opinion. But, when we have a difference of opinion and Roger and John are on the short end of the stick there is a conspiracy I do not get it. When an acting Planning Board Chairman talks to a person that supposedly is going to be appointed to the Town Board and says I will back you a hundred percent the next morning sends an e-mail to all of his buddies and members of the Planning Board saying that everybody should be at this meeting to support Bob getting re-elected or appointed to the Planning Board Chairmanship and accuses a lady who is the most honest person I have ever met in my life in the Attorney’s Office of being crooked and our Attorneys of being crooked, not the kind of person I want to be the Planning Board Chairman in my opinion. One last thing, Dan, Tim or Ted do not give confidential information to the Post Star prior to a meeting that we did make a decision on a lawsuit and then the next day bitch because he did not get credit for it even though it was confidential. I do not have to say who that was and I am not going to. But, us three did not do that one of the other two members did. The very last thing, I am sorry, there was one, two other th applications that were approved at this Planning Board on May 10 in less than twenty minutes. So, it can be done. There was one done in three minutes, another one done in three minutes, another one done in seven minutes. So, contrary to belief it can be done. Thank you. Councilman Boor-First of all I do not know what it looks like for you out there but it is probably is as uncomfortable as you might imagine this is. This certainly isn’t anything that I enjoy. It bewilders me that we are having this type of conversation tonight. This Board the Town Board has got so many very, very important issues we should be dealing with. We have got the EMS consolidation that we are still working on we have got to move West Glens Falls EMS Building because we have a connector road that is scheduled to be built in a year. We have got the Route 9 254 improvements, we have not even started talking about the Adelphia Contracts. We have got more things on our plate that we are not dealing with that is boggles the mind. So, the notion that we should not be dealing with these but messing around with a Board that is supposed to be independent is somewhat disconcerting to me. There has been comments tonight that I disagree with there are comments that I agree with. The problem for you the public is you have no way of verifying any of this, why, because it was all done on the phone, there is no minutes. You do not know what was said, I could tell you the most grandiose lie in the world you do not know if I am telling the truth. You do not know if Mr. Brewer is telling the truth. The simple fact of the th matter is that on April 25 we had Town Board discussion the very thing we are doing right now and the first person to go was Councilman Brewer and in his, this is what Councilman Brewer said from here to here. I have got highlighted items that I would like read. He said requested that the Town Board have some sort of workshop with the Planning Board noting that he agrees with Senator Little’s letter. Now, we get down to the bottom, he said he is getting calls from people that Queensbury is not a friendly place to do business noting that he does not like it. His final sentence is he thinks this is important enough for a workshop, should be held to have discussions. Next person to go, Councilman Turner, Councilman Turner agrees. So, now we have got two of the three who would like to remove Mr. Vollaro agreeing that we should have a workshop and we should discuss these issues about the Planning Board. Never happened folks, as a matter of fact I have not had 348 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 a conversation with Ted, Tim or Dan since that night with regards to anything on the Planning Board. I got a call from Mr. O’Shaughnessy who is Dan’s Executive Secretary saying that Dan had polled the Board and that three members weren’t going to accept the recommendation of Mr. Vollaro and he was going to direct Mrs. Ryba to have that item placed on the agenda of a Planning Board. Now, I do not know law, maybe the Counsel can help me out here but I was unaware that the Town Board could place agenda items on a Planning Board. I thought that the Planning Board had that preview. So, where are we? He said this, he said this, you do not know and you never will know. (tape turned) Much of what I was going to say has been very well stated by many of the people in the audience but I will have, I do have to go to Senator Little’s letter because I think what is really important here. This was a personal letter sent to the Chairman of the Planning Board and as a courts you were carboned, Dan. Supervisor Stec-Yes I was. Councilman Boor-Having employed people, myself, having worked for people that employed me, knowing CEO’s, knowing Presidents of Companies when something like this happens I would think the first thing you would do would be to call Mr. Vollaro and say gee Bob, you know what as you can see on the bottom of your letter I have been carboned , what is going on here this looks like a serious issue. Mr. Vollaro, would have been able to say you know what Dan if you talked to staff you will find out that the problem isn’t on the Planning Board the problem is that the Zoning Administrator has problems with this application the Code Enforcement Office has put a stop work order on the thing since January. This should have never and this is to the Planning Board so why is it read at a Town Board Meeting when it is not even addressed to this Board. I think it was done for reasons that are quite obvious, to impugn the character of Mr. Vollaro. I think Betty Little has been put in a terrible position, I think she had bad information. I think she would have gotten the answer she needed if we hadn’t put her on the spot. I feel bad for her. So, you know, just not good leadership there, inexcusable. I am going to rap it up quickly here, but you know, Tim we have got a gentlemen out here who has been on the Board for six and a half years, you are not going to find anybody on the Planning Board that has got a bad thing to say about him. He is unanimously elected by that Board and the notion that we should force somebody else to be the Chairman is beyond comprehension. When I see the statements written in the paper attributed to you I go, is this how we say thank you very much for your years of service is this how we recruit new volunteer when we have vacancies? I do not think so. I go back to your th original comment on April 25, getting calls from people of Queensbury, this is not a friendly place to do business. You damn right it is not Tim, you know why, it is because you are not friendly. Then the Councilman Brewer-Now, it is all my fault, come on Roger will you. Councilman Boor-the three members sitting here, I am put in a position where I have got to say these things. It is not comfortable. Ted you have never attended a Planning Board Meeting, how can you even weight in on this? 349 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Turner-You are not supposed to be there Roger, not you, not John or any of the Board Members. Councilman Boor-Well then how do you make a determination? Councilman Turner-You are not supposed to be there. Councilman Boor-You are not supposed to comment on application, it Councilman Turner-Because you create an influence on the Board Members. Councilman Boor-is my floor. Supervisor Stec-Let Roger have the floor. Councilman Boor-You better tell the rest of the Board Members they shouldn’t do it either. Ok. Councilman Turner-You never see me there. Councilman Boor-That is what I just said. Councilman Turner-You are God Damn right I won’t be there. Supervisor Stec-Let Roger finish. Councilman Boor-So, no, I am sorry it needs to be said I am not comfortable with it, it stinks, it shouldn’t have to be like this we are supposed to be conducting business not meddling. Councilman Turner-The business here not the business there. Councilman Boor-Exactly, Ted, we are not supposed to be doing their business. Councilman Turner-Not their business is right, that is why you are not supposed to be there. Supervisor Stec-Roger are you done. Councilman Boor-I am done. Supervisor Stec-Are you sure? Councilman Boor-Well, I think I would be better off stopping now. Supervisor Stec-Ted you want to go next I can tell. Councilman Turner-First off, this Town Board or any Town Board chooses the Chairman of all the Boards, the Planning Board the Zoning Board or any other board. We do not have to take recommendations from those Boards. That has never been done until now that I know of. 350 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Supervisor Stec-Anything else Ted? Councilman Turner-No. Councilman Boor-One more comment Dan. Supervisor Stec-We were doing so well, go ahead. Councilman Boor-I did take exception with Tim’s comment too on my voting against Jamie Hayes as the Zoning Administrator, you know the beauty of that is you got to know my vote and you know why I voted that way. Thank you. Councilman Brewer-It doesn’t change the outcome though, Roger. Just because I know why you voted or what you voted doesn’t change the outcome. Supervisor Stec-We are doing all right, John your floor, if you want it. Councilman Strough-I have a got a few things to talk about. First of all Tim, this isn’t an attack but an explanation. Yea, I woke up like three o’clock in the morning Friday before a Town Board meeting and I said you know, I finally had pulled my thoughts all together and I had talked to Mark briefly, rough draft kind of concept and I said well, finally put it all together and I said well that is right, we should not pursue the lawsuit with the City of Glens Falls it is going to be expensive for both communities the outcome is a lose, lose situation. I said that we should sit down as two communities to sister communities and talk about what would be in the best interests of the citizens of the greater community to do with the watershed property. Probably we should have done that to start with but we didn’t, so this probably the best way to proceed. So, I wrote up all the reasons for that and so I was pretty happy with myself, I sent out a copy of the Post Star and sent out a copy with the Chronicle. Little did I know that Monday nights Board meeting that we would accept the whole concept in total. Supervisor Stec-Well close. Councilman Strough-just about. Then they said at the meeting and don’t let anybody out at this time, don’t let it out at this time. Supervisor Stec-Well, it was in executive session. Councilman Strough-Well, I am saying woops, he has already let it out. Councilman Brewer-Yea, because it was about litigation, John. Councilman Strough-Well, I didn’t know you would adopt my position total, but you did and that is how that happened Tim. You know it was not a release after the fact it was a release before the fact. I think that needed to be explained. Supervisor Stec-Throw me a bone. 351 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Strough-What is that? Supervisor Stec-That I knew Councilman Strough-That you knew it was me? Supervisor Stec-Yea. But I did not throw you in. Councilman Strough-Well it was pretty obvious. Supervisor Stec-I did not throw you in, I gave you a pass. Councilman Strough-Well it was pretty obvious, all right, any how some other things. First of all, after having attended as you did Dan, all four and I guess they presented five with the Rotary and they did an excellent job. I got to give the Parks and Recreation Commission an A+ for the job they did giving their presentation to the public. And taking a lot of heat. We are going to sit down with them this Wednesday and see where we should go from here after analyzing how the community feels about it and where we are and everything else. In the mean time, you know John, I am thinking that through this whole process we would have been able to maybe, maybe not entirely, but at least in part relieve some of the communities concern if we had a five-year budget plan. You know what I mean, we would estimate our tax revenues and I know that our sales tax goes up and down but lets extrapolate and lets see where we might be, how much of the surplus, we are always hearing numbers about the surplus being thrown around but a lot of that surplus is not really surplus it is tied to capital projects. It seems like a surplus if you look at it on paper. Anyhow all that analysis should be read with maybe like the first page simple for everybody to understand page and then the details that are usually complicated but the details are in the inside, and John Salvador would always say the devil is in the details. But, anyhow I think we ought to work on a five-year plan and I know Jen it will be a lot easier after you get the new software. Supervisor Stec-If you get the new software. Councilman Strough-What do you mean if? Supervisor Stec-I have been teasing her about it a little bit, it is a motivator, really. Councilman Strough-All right, moving on to some other things. The Post st Star reported Thursday the 21 of how well our school system did. The th greater Queensbury Community was ranked 13 in the nation for over all quality of secondary education. I thought that was worth mentioning. Supervisor Stec-Did it say Queensbury area? Councilman Strough-Well what makes up most of the Greater Glens Falls area is Queensbury. Supervisor Stec-You had me hopeful I thought is actually said Queensbury, it says Glens Falls. 352 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Strough-I am just going to put words in there that probably should be in there. Now, but I got to give a pat on the back Queensbury School probably contributed to that as well as Glens Falls. But also I have updates for you on cable TV and it is a contract negotiation that is coming closer all the time what confuses and actually makes it more difficult for us as a Board is that Time Warner is taking over Adelphia. Now, what communities are going to be designated and Time Warner is going to maintain or sell off we do not know that. So, a lot of this is up in the air. There are things that we can start doing as a board more so than what we have on Cable TV. I would also like to mention that Broad Acres is getting new sidewalks. Supervisor Stec-We hope, we got to get the bids. Councilman Strough-They are going to get the bids and hopefully Pershing Place and Ashley Place will get some new sidewalks for you as well as fixing up that intersection for you. Now, Tim and I are on the committee together as a matter of fact prior to this meeting we were getting together to designate the winners of the poster contest. Glens Falls kids did a nice job on there posters and so did Queensbury, we were kind of overwhelmed by Glens Falls’s really nice art work. 2005 Glens Falls Queensbury Memorial th Day Parade is going to be Monday, May 30 10:00 am along Glen Street from the City to Crandall Park with a remembrance ceremony at the closing of the parade so please attend. Keep in mind what the purpose of that is for. Queensbury did if my memory serves me right and I think I am accurate in this the fifty-five plus I think it was almost fifty six million dollars in development business last year. That is a lot of business much of it does run through the Planning Board. I was on the Planning Board for four years and yes, I was a diligent member of that Planning Board as is Bob Vollaro. People would call me and thank me. Not every project that goes before the Planning Board is a good project and yes, can you come up with the one or two examples of this person had a problem or that person had a problem you know they couldn’t build their house because they were put off another month and the Planning Board, yea you could probably come up with one or two examples like that but listen fifty six million dollars worth of business went through this town how many projects do you think got approved by that Planning Board, most of them. Do they get altered? Probably Were they made better? No doubt about it in my mind. Bob Vollaro worked very hard as he always does on those projects, Bob Vollaro deserves the Chairmanship. I will plea that one of the three would change their vote and come on my side on this and I do have my resolution here and you may never know how the evening may progress but maybe I will get my three votes, maybe more. I would not bet on it. But it really is a thing I believe should happen. So, with that said I thank you. Supervisor Stec-John and I did have a lengthy phone conversation Friday but I thought very productive and I am grateful for that. I think between he and I we buried a hatchet on a lot of the issues surrounding the Planning Board Chairmanship. I had prepared some thoughts but fortunately I think most of those thoughts will not need to be aired. I think that things went well with our meeting and I appreciate the Town Board as we do not always do we are usually very prone to talking over each other and no one really did tonight. I 353 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 think that made for a good meeting for this. Speaking just for myself I have a great deal of respect for the amount of effort and knowledge that Bob Vollaro has, I am not criticizing his worth or value as a Planning Board Member and I do want to go through just some of the things that were said by mostly members of the public perhaps a couple of Town Board Members. The twenty minute per item thing that I was quoted on three times and the Reporter that I spoke to was in the back of the room and actually although I do not have the article in front of me the gest of what I said and I am sure she would back me up on this was that in the example of other communities and I am sure that there are other, I cannot list a specific example of in Saratoga they had the Jones application but through the people that I talked to and I do believe that I am, I talk to a lot of people and not just a small circle. But, perhaps not identical circles with others, but the gest of the comments that I made was not that all Planning Board, that is ludicrous to even believe that I could be capable of suggesting that all Planning Board applications should take twenty minutes that is crazy to even assume anyone would say that. The jest of what was said was, for other items that most other communities in the area would spend about twenty minutes on we tend to spend a lot more on for a variety of reasons and this certainly pre dates Mr. Vollaro as Acting Chairman and it goes back some years on the Town Board. So, I just wanted to clarify that quote. I do want to address because actually one of the most serious things that although we did not dwell on it a lot tonight but it was mentioned or at least alluded to in the recent letter to the Editor signed by a couple Town Board Members and not looking to get into a debate, but I want to clear the air and we may or may not agree with the analysis but I did ask Mark Schachner and I agree with you Roger that we spend a lot way too much time on this and we do have all those other items to work on and I believe after tonight we as a Town Board will be able to do that. I asked very bluntly to and certainly if the Town Board wants to discontinue the practice I am open to that. But, certainly it has been procedure before although perhaps not in this instance. I had Lori call because I was going to be out of Town, but it has been a long practice for me and before me under Dennis’s administration hey do you want this on the agenda Monday or do we need to discuss it or hey should this say five or should it say four? Those sorts of phone calls go out all the time. So, in that context and that spirit that was the purpose of this informal canvassing if you will. Now, Mark and I asked you and you also told me that you spoke to Mr. Willis today and who has been sited a few times by a few people and can you just glean very briefly and limit yourself just to the whole, did we violate the open meetings law with this canvassing if you will. But, before you do that I want to point out Bob you had mentioned remove for cause. This is not a removal for cause as Planning Board Chairman and further more somebody said you were elected or a couple of people said you were elected, you were recommended to the Town Board but not elected. Councilman Boor-One clarification, if Mark is just going to say that there is no problem with canvassing, I am not going to argue with that. Supervisor Stec-I think he is going to address that. And clearly it was not my intension … 354 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Boor-The problem that I have is there is a problem with taking action outside anything…you do not know what I told Lori so and you do not know that I talked to Lori. Supervisor Stec-She told me Councilman Boor-Yes she told you. Supervisor Stec-She told me that she talked to you. I asked her to ask everyone a simple question. Councilman Boor-You got a very difficult and long answer from .. Supervisor Stec-She told me that you were not happy. Councilman Boor-I just found it very interesting that we were going to start conducting business this way. Supervisor Stec-Maybe not to that level in this case but to say that we have never canvassed people by phone? Councilman Boor-We…a directive based on telephone conversations. Supervisor Stec-My attention as a courtesy only as a courtesy to Mr. Vollaro Councilman Boor-We took action. Councilman Brewer-We didn’t take action we did not vote on it. Supervisor Stec-How about this because Councilman Boor-I got the memorandum, I have the memorandum. Supervisor Stec-Mark would you care to comment on this issue, the legal issue? Town Counsel Schachner-The legal issue as to I think boils down to this, I do not believe and I do not think the Department of State or anyone else believes that the Open Meetings Law prohibits informal polling or canvassing if you will. It is correct that no legally binding decisions can be made through that process. That is it in a nut shell. Supervisor Stec-I think that is self-explanatory for me anyways. Mrs. Monahan, I jotted down as fast as I could. As long as I can remember it has been the policy of the Town to accept the recommendation of the Planning th Board for Chairman, however on February 8 1993 Ms. Monahan voted against the Planning Board recommendation that ultimately ended up in Tim Brewer becoming the Planning Board Chairman. So, anytime I hear an inaccuracy that I know is an inaccuracy and I have the facts in front of me this is how I do business. Those are facts. …. 355 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Councilman Boor-There is a difference between a vote. Supervisor Stec-I understand that, there is a difference there, you are right. Again, and Marilyn not to put you on the spot again, to quote a letter writer, I am going to put you on the spot again I think that the Town Board and staff knows you well enough to know that I do not think that you succumb to pressure whether it is real or perceived or otherwise. Do you, has the Town Board pressured or interfered inappropriately in any way on these, with perhaps the possible exception of the Girl Scouts and I might talk about that in a second but besides that application have you seen the level of involvement that you would say I do not think that this is a normal or good thing for, have they been more procedural or have they been interference with applications. Executive Director Ryba-We don’t get interference with applications and I do not mean any disrespect but I think Dan you have probably have been down in our office three times in a year. Supervisor Stec-A few more, but not a lot. Executive Director Ryba- and other Town Board Members as well, so we try to do our job following the code as I mentioned earlier when there was a comment in the public hearing about even handed ness it is very difficult, we serve the public, we serve applicants, we serve the boards. There is this perception because of what ever politics is involved and I know politics is a reality but we have a duty as staff and as professionals and I think, you know, certainly attorneys is there is any question of their ethics or their procedures there is the Bar Association, I am certified by the American Institute of Certified Planners. We have a certain code of ethics that we have to follow and so certainly anyone that wants to take any professional jobs can go right ahead and go to those organizations. So, I am always fully aware of making sure that we follow the code we do the best job we possibly can. But to say that we are influenced by Board, by Town Board Members is incorrect. There are a couple of things, there has been word going around that the Planning Board looked at the Queensbury Partners Application twice and denied it, well, actually there was a site plan that was sent forward, that was reviewed by the Planning Board actually not reviewed by the Planning Board but only that the applicant gave a presentation the public did not like it. So, as a curtsy to the public more than anything the developer came back with a concept plan that was present, but it has never been actually reviewed under the law. There are numerous items here that the Planning Board gets to look at so there is so many things out there that are just not true and it is really very frustrating to staff. We work very hard. Supervisor Stec-Well, I wasn’t going to touch too much on the staff issue but I know that your staff has expressed to me, they come up stairs so I do not have to go down stairs, you and I do have weekly meetings now which I think are very useful. Staff has expressed a level of frustration to me and I would not say I felt it was frustration with the goings on at the Town Board level. But, anyways hopefully your remarks are heard tonight by others so 356 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 that we do not keep hearing the same allegations over and over and over again and we read them over and over and over again. Executive Director Ryba-I had said it at a couple of Board Meetings ago and it wasn’t televised but no one has given us direction in terms of how we should proceed. For quite a while we actually had Planning Board Members, two members go through a completeness review with staff go through, there was a rotation where people would sit down and go over agenda items. The Planning Board has chosen not to do that anymore so you know staff does set the agendas we do it within the parameters of the policies and procedures and we try to certainly and I know Chairman MacEwan from time to time if there was a quick item that maybe brought the agenda limit from seven to eight that was put on. But, there was always that discussion with the Planning Board Chairman. So, sometimes there are rules and sometimes there are things you do that makes sense and in terms of customer service to me that would be one of the things that I would look for and policy is different from a code item too. The law is one thing a policy is a little bit different. So, I do not know I usually do not say much at these meetings I really do not want to take too much time but, there is frustration on the part of staff. Supervisor Stec-Only because the allocations that are continuously and irresponsibly made by some members of the public are serious enough that I find you a believable person I believe that the whole town board finds you a believable person. Executive Director Ryba-I would like to note that, we can answer questions but we have not had phone calls about procedure from anyone in terms of F.O.I.L. requests I would have to look that up but I haven’t been inundated with requests from anyone to get information from files in reference to that one application. So, I certainly think that if somebody is interested enough they are welcome to get the information we will be happy to give it to them. Councilman Boor-One question and you never ask a question you do not have an answer to so I am going to do that just so you know I do not have an agenda. But, I am curious, Mark, and it is directed, it is a legal question, do we have the authority to place items on the Planning Board agenda? Does this Town Board have the authority to place items on the Planning Board agenda? Town Counsel Schachner-There is no law that governs that but as a matter of practice typically it is a combination of planning, typically it is Planning Staff. Councilman Boor-Well I know but I guess when you said you do not influence like I said we did not have open meeting you made some phone calls Supervisor Stec-I asked Marilyn..I was going to try and answer your question. Councilman Boor-…I am asking Marilyn actually, you know, as an elected official in my Ward I have a responsibility to my constituents and when I am 357 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 left out of that loop I am thinking to myself what are my constituents going to think when I do not even know what is going on, I do not even know how these recommendations are coming about? We are supposed to have these workshops we are supposed to talk about this stuff and yet out of the blue three of you have decided that you are going to send a recommendation through staff to the Planning Board. So, I am thinking is this, it is a little irregular if nothing else and I would not say strong arm but I do not think it serves, I am not able to serve my constituents because I am left out of the loop. I do not even get to say you know I have a concern here and it maybe that I do not want Bob, but I never even got, I never even got the opportunity to say you are absolutely right guys, he is not the guy to the job. Not given the opportunity as an elected official on the Town Board and yet you give this recommendation to staff as a Town Board. Supervisor Stec-You were canvassed though, right? Councilman Boor-How do you know, Dan? Supervisor Stec-Because Lori told me she talked to you. Councilman Boor-It is only third hand you do not know what was said. Supervisor Stec-I am sure Lori is not lying Roger, did you or didn’t you get a call from Lori? Councilman Boor-I did. But you guys had decided that you were going to do this, I am on the Town Board. Supervisor Stec-There were two calls. Anyways I am not sure that this is productive although the workshop that was suggested and I recall that at that meeting if you read the next mornings paper Bob was quoted as saying he was not interested in a workshop and I took that as clear direction from the Planning Board. Councilman Boor-Why don’t you take a clear direction from the Planning Board now with their unanimous decision. Supervisor Stec-We may or we may not do that. I think we covered enough tonight. With that we will move into resolutions. 6.0 RESOLUTIONS RESOLUTION INCREASING APPROPRIATIONS AND AMENDING 2005 TOWN BUDGET TO ACCOMMODATE FIRE COMPANY BUDGETS 358 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION NO.: 235, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has entered into contracts with the Town’s fire companies to provide fire protection services during 2005, and WHEREAS, the total amount budgeted in the Town’s 2005 budget for such fire protection services is inadequate to cover the cost of the contracts, WHEREAS, the Accounting Department has accordingly requested a budget amendment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Town’s 2005 Budget to increase appropriations in Account #005- 3410-4415-4980 in the amount of $268,905 to be financed through additional appropriated fund balance (005-0005-0599), and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Accounting Office to make any necessary adjustments, transfers or prepare any documentation necessary to amend the 2005 Town Budget and effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF COLBY GARB AND DANIEL DWYER AS TEMPORARY, PART-TIME LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 236, 2005 359 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Colby Garb and Daniel Dwyer as temporary Laborers to work for 10 weeks this summer under the direct supervision of the Town’s Cemetery Superintendent, such employment proposed to commence in June, 2005, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Colby Garb is the son of Chuck Garb, a Working Foreman in the Town Highway Department and Dan Dwyer is the nephew of Michael Lopez, a Working Foreman at the Pine View Cemetery, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Colby Garb and Daniel Dwyer as temporary Laborers to work 10 weeks this summer under the direct supervision of the Town Cemetery Superintendent, and BE IT FURTHER, RESOLVED, that these temporary employees shall be paid at the hourly rate set forth in the Town’s Agreement with the Civil Service Employees Association and payment shall be paid from the Laborer, Part-Time Account No.: 002-8810-1410, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Budget Officer and/or Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 360 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION AUTHORIZING HIRING OF TODD O’DELL AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. : 237, 2005 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire Todd O’Dell as a temporary, part-time Laborer to work at the Town Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste Facilities Operator to hire Todd O’Dell as a temporary, part-time Laborer th effective May 17, 2005, and BE IT FURTHER, RESOLVED, that Mr. O’Dell shall be paid $12 per hour as set forth in Town Board Resolution No.: 610,2004 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 20-TON EQUIPMENT TRAILER LOW PROFILE WITH AIR BRAKE AND PINTLE HOOK FOR USE BY TOWN WATER DEPARTMENT 361 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION NO.: 238, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for the purchase of a 20-ton equipment trailer low profile, with air brake and pintle hook, as specified in the Water Department’s Bid Specification #2005-06 presented at this meeting, and WHEREAS, the purchase of such equipment trailer has been included in the Water Department’s 2005 Budget, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for a 20-ton equipment trailer low profile, with air brake and pintle hook, as specified in the Water Department’s Bid Specification #2005-06, in the official newspaper for the Town of Queensbury, 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. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Councilman Boor-Is that a replacement? Supervisor Stec- Noted it was a replacement and part of the departments 2005 budget. 362 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION SUPPORTING CONCEPT PROPOSED BY THE BARTON GROUP AND REUNION POWER, LLC AS ADIRONDACK WIND PARTNERS TO DEVELOP ADIRONDACK WIND ENERGY PARK RESOLUTION NO. : 239, 2005 INTRODUCED BY : Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Queensbury Town Board believes that industry and sustainable economic development are needed in our region and electricity from renewable, sustainable sources is the best way to provide electric power for such development and industry, and WHEREAS, the economy of our Town, Region and New York State is being damaged by the high cost of energy derived from imported oil and other fossil fuels, and WHEREAS, the public health and the forests, lakes and air of the Adirondacks are being damaged by the generation of electricity by the method of burning fossil fuels and the release of toxic mercury from the burning of coal has impacted fish and other wildlife, and WHEREAS, renewable wind energy reduces and prevents pollution from electrical generation employing fossil fuels, and WHEREAS, an industry that is not only clean but also reduces pollution while supporting economic development would be an ideal and compatible contributor to the North Country Economy and would contribute to the tax base of Warren County, and WHEREAS, Adirondack Wind Energy Park would be built on a site much developed and disturbed by over one-hundred years of mining, and the location where the facilities supported the mine, including a power line and roads, could be put to new usefulness with little additional disturbance, and WHEREAS, given the Ski Trails on Gore Mountain Ski Center and the New York State Department of Environmental Conservation (DEC) tower on top of Gore, a Wind Development would not be out of character or detrimental to the scenic resources of our area and no undue impact will be caused, and 363 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, managing a wind resource and bringing it to service for the public good and usefulness follows in the tradition of managing and mining the timber and mineral resources of the Adirondack North County Region, and WHEREAS, it is the energy policy of New York State to obtain and maintain an adequate and continuous supply of safe, dependable and economical energy for the people of the State and to accelerate development and use within the State of renewable energy sources, to promote the State's economic growth, to create employment within the State, to protect its environmental values, to husband its resources for future generations, and to promote the health and welfare of its people and to foster, encourage and promote the prudent development and wise use of all indigenous state energy resources including Wind Energy, and WHEREAS, New York State Law and the New York State Energy Plan direct every agency of the State to conduct its affairs so as to conform to the State energy policy, and WHEREAS, Adirondack Wind Energy Park would contribute substantial property taxes or equivalent payments to the Warren County Town of Johnsburg, Johnsburg Central School District and Warren County without adding a demand for County Services and the project would create jobs during construction and during operation, and WHEREAS, the project would promote tourism and benefit other local businesses and provide an opportunity for Park interpretation and public education, and WHEREAS, the towns of Warren County may take pride in their role by setting an example and taking a leadership position in the transition away from conventional fuels that is needed for the welfare of society, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, Town of Queensbury, Warren County, New York, supports the concept of Adirondack Wind Energy Park and hereby recommends to the Adirondack Park Agency Board that the APA give its approval after due process and examination, and BE IT FURTHER, RESOLVED, that the Town Board hereby joins the Warren County Board of Supervisors, Town of Johnsburg and other Towns in extending this endorsement and 364 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 urges the Towns and Counties of our Region, our Elected State Representatives and Governor Pataki to do likewise, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Adirondack Park Agency Commissioners, Governor George E. Pataki, Congressman John Sweeney, Assembly Majority Leader Sheldon Silver, Assemblywoman Deidre Scozzafava, Sandra L. LaBarron and Stuart Buchanan of the New York State Department of Environmental Conservation Regions 5&6, the 12 Counties of the Adirondacks, Senator Elizabeth Little, Assemblywoman Theresa Sayward, the Adirondack Association of Towns and Villages, New York State Department of Environmental Conservation Commissioner Denise Sheehan, Assemblyman Marc Butler, Senate Majority Leader Joseph Bruno and Assemblyman Roy MacDonald. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING ASSIGNMENT OF ESCROW AGREEMENT CONCERNING DEDICATION OF WESTBERRY WAY AND WOODSHIRE COURT IN PINE RIDGE ESTATES SUBDIVISION RESOLUTION NO. 240, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 546, 2004, the Queensbury Town Board accepted from Burnt Hills, LLC, the dedication of Westberry Way and Woodshire Court Roads in the Pine Ridge Estates Subdivision and at the time of dedication, Burnt Hills, LLC provided the Town with $8,750 to ensure completion of the Roads, such sum to be held in escrow pursuant to the terms of an Escrow Agreement, and WHEREAS, Tra-Tom Development, Inc., has purchased the Pine Ridge Estates Subdivision from Burnt Hills, LLC and reimbursed Burnt Hill, LLC for the $8,750 escrow 365 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 deposit, and accordingly, Burnt Hills, LLC wishes to assign its rights and obligations under the Escrow Agreement to Tra-Tom Development, Inc., and WHEREAS, the Town Board wishes to authorize such assignment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the assignment of the Escrow Agreement between Burnt Hills, LLC and the Town of Queensbury referred to in the preambles of this Resolution to Tra-Tom Development, Inc., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute an Escrow Agreement between the Town and Tra-Tom Development, Inc., and take such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor ABSENT: None NOES : None RESOLUTION AUTHORIZING PAYMENT TO CHAZEN ENGINEERING & LAND SURVEYING, CO., P.C. FOR ADDITIONAL REIMBURSABLE EXPENSES IN CONNECTION WITH TOWN OF QUEENSBURY GIS BUILD-OUT AND POPULATION PROJECTIONS RESOLUTION NO.: 241, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 154,2004, the Queensbury Town Board authorized engagement of Chazen Engineering & Land Surveying, Co., P.C. (Chazen) to perform a GIS Build-out Study and provide associated population projections and school enrollment figures in the Town of Queensbury, and 366 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, by Resolution No.: 605,2004, the Town Board authorized Chazen to perform additional data collection services in connection with the GIS Build-Out Study for an amount not to exceed $3,000, and WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that Chazen has invoiced the Town additional reimburseable expenses exceeding the $700 estimated amount originally set forth in Resolution No.: 154,2004 and the Town Board feels these expenses are warranted and should be paid, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment to Chazen Engineering & Land Surveying Co., P.C. for an additional $1,017 in additional reimbursable expenses related to the GIS Build-Out Study and provision of associated population projections and school enrollment figures in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Planning Consultant Fees Account No.: 01-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5069 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM 367 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLUTION NO.: 242, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5069, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is two thousand one hundred dollars ($2,100), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5069 in the Town of Queensbury, New York in the amount not to exceed two thousand one hundred dollars ($2,100) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None 368 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 ABSENT : None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5071 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 243 , 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5071, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to five (5) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty three thousand two hundred fifty dollars ($23,250), and WHEREAS, a total of $1,541.80 in repair costs has been incurred up to this point for a total rehabilitation cost of $24,791.80, and WHEREAS, the owner is eligible to receive up to $5,000 in a deferred loan through the Town Housing Rehabilitation Program with a separate loan resolution attached, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case 369 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 File No.: 5071 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 2442005 , INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5071, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to five (5) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty three thousand two hundred fifty dollars ($23,250), and WHEREAS, a total of $1,541.80 in repair costs has been incurred up to this point for a total rehabilitation cost of $24,791.80, and 370 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5071 in an amount not to exceed four thousand seven hundred ninety one dollars and eighty cents ($4,791.80) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON STEPHANIE LANE RESOLUTION NO.: 245, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to arrange for placement of a street light on Niagara Mohawk Power Corporation Pole #1 on Stephanie Lane, at the corner of Stephanie Lane and Corinth Road in the Town of Queensbury, and 371 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, such light would be located within the boundaries of the West Queensbury Lighting District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a 70 watt high pressure sodium lamp on Niagara Mohawk Pole #1 on Stephanie Lane, at the corner of Stephanie Lane and Corinth Road, in the Town of Queensbury with payment for the lighting to be billed to the West Queensbury Lighting District Account No.: 024-5182- 4305,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with Niagara Mohawk Power Corporation and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING PLANNING BOARD CHAIRMAN RESOLUTION NO.: 246, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Planning Board’s 2005 Chairman recently resigned and the Queensbury Town Board wishes to appoint a Planning Board Chairman for the remainder of 2005, NOW, THEREFORE, BE IT 372 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLVED, that the Queensbury Town Board hereby appoints Chris Hunsinger as Queensbury Planning Board Chairman for the remainder of 2005. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Turner NOES : Mr. Strough, Mr. Boor ABSENT: None Discussion held before vote: Town Counsel Schachner-Suggested a change in the Resolved, instead of authorizing the appointment, hereby appoints. Agreed to Councilman Brewer and Supervisor Stec RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF MAY 12, 2005 RESOLUTION NO.: 247, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thth presented as the Abstract with a run date of May 12, 2005 and a payment date of May 17, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of May 12, 2005 and payment date of May 17, 2005 numbering 25-207000 through 25-232900 and totaling $449,390.61, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None 373 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 ABSENT: None Discussion held: Councilman Strough noted it was time to do another Nimo Audit. RESOLUTION AUTHORIZING PERMANENT APPOINTMENT OF KIMBERLY RIVERS AS RECORDS CLERK RESOLUTION NO. 248, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 372, the Queensbury Town Board approved of the Town Clerk’s appointment of Kim Rivers as Senior Clerk subject to a six month probation period and any applicable Civil Service requirements, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Ms. Rivers successfully passed the Warren County Civil Service Exam for the position of Records Clerk and is listed as no. 2 on the Warren County Civil Service Exam list, and WHEREAS, the Town Clerk has therefore recommended that the Town Board authorize the upgrade of Kimberly Rivers from the position of Senior Clerk to the position of Records Clerk as was previously discussed by the Town Board at the time of Ms. Rivers’ hiring, and WHEREAS, the Town Clerk has further advised the Town Board that Ms. Rivers has also successfully completed her six (6) month probation period and so the Town Clerk has recommended that the Town Board authorize the appointment of Ms. Rivers on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges and approves of the Town Clerk’s appointment of Kim Rivers as Records Clerk on a permanent basis th effective May 17, 2005, and authorizes the upgrade of the overtime-exempt Records Clerk position from a Grade 3 to a Grade 4 position on the Town of Queensbury’s Non-Union Position Grade Schedule, and BE IT FURTHER, 374 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 th RESOLVED, that Ms. Rivers’ annual salary shall be $30,000 effective May 17, 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF BETTY DYBAS ON PART-TIME, TEMPORARY BASIS IN TOWN ASSESSOR'S OFFICE RESOLUTION NO.: 249, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Assessor has requested Town Board authorization to hire Betty Dybas as Real Property Tax Service Assistant to assist the Town Assessor’s Office on a part-time, temporary basis, working up to 30 hours a week, from rdth May 23 through June 24, 2005, and WHEREAS, the Town Board has considered the Assessor’s request and agrees that such part-time, temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Betty Dybas as Real Property Tax Service Assistant to work in the Town Assessor’s Office rd on a part-time, temporary basis, working up to 30hours per week, from May 23 through th June 24, 2005, and BE IT FURTHER, 375 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 RESOLVED, that Ms. Dybas shall be paid a wage of $15.88 per hour in accordance with Town Board Resolution No.: 610, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of May, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION AUTHORIZING APPOINTMENT OF TOWN PLANNING BOARD CHAIRMAN RESOLUTION NO. 250.2005 MOTION DEFEATED INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Planning Board met on April 19, 2005 and made its unanimous recommendation for Planning Board Chairman, that person being Robert Vollaro, and WHEREAS, the Planning Board unanimously reaffirmed recommendation for Robert Vollaro at its May 10, 2005 meeting, and WHEREAS, Robert Vollaro has dedicated 7 years of service to the community as a member of the Town of Queensbury Planning Board, and WHEREAS, Robert Vollaro has earnestly protected the interests of the community as a member of the Planning Board, and WHEREAS, Robert Vollaro, as acting chairman, has managed the Town’s Planning Board meetings in a professional, attentive, evenhanded, business-like manner and has a layman-friendly review progression that is logical and orderly and benefits both the reviewers and 376 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 WHEREAS, Robert Vollaro has exhibited the necessary analytical engineering and technical expertise skills desirable for a chairman who represents the community’s residents, and WHEREAS, Robert Vollaro has dutifully attended classes in community planning, giving him the desirable expertise our community expects a Planning Board chairman to have, and WHEREAS, Robert Vollaro has been commended by many for his vigorous pursuit to obtain an education in community planning and is widely known by other members of this community to be most thorough when analyzing applications brought before the Planning Board he is more than well-suited to be the chairman of the Town’s Planning Board, and WHEREAS, Robert Vollaro is able to digest complex issues and has exhibited proficiencies in responsible land use knowledge of zoning and comprehensive planning that compliment his adept management style, and WHEREAS, Robert Vollaro ardently helped applicants to achieve a higher signage, landscaping, architectural, streetscape, storm water and other community design standards for the benefit of all in our community, and WHEREAS, Robert Vollaro is the appropriate person for the Planning Board Chairman because he has the aptitude to guide his fellow Board members through the State Environmental Quality Review process. A process that in our town is frequently complex and comprehensive and involves serious issues and potential impacts, such as NYSCEC and ACOE wetlands, storm water, traffic and public safety, and WHEREAS, because the Town of Queensbury is facing unprecedented development challenges, we need a chairman with Robert Vollaro’s expertise and conviction and any placement of a chairman with lesser assurances would be detrimental to the health, safety and welfare of current and future residents of Queensbury, and WHEREAS, the Queensbury Town Board wishes to authorize the Town Planning Board’s appointment for Chairman for the remainder of 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Robert Vollaro as Chairman of the Town’s Planning Board for the remainder 2005. th Duly adopted this 16 day of May, 2005 by the following vote: AYES: Mr. Strough, Mr. Boor NOES: Mr. Turner, Mr. Brewer, Mr. Stec ABSENT: None 377 REGULAR TOWN BOARD MEETING 05-16-2005 MTG. #23 Discussion held before vote: Councilman Strough-In the Third Whereas change ten years to seven, and in the eleventh Whereas, I forgot to put a common and an and. In the Resolved section, the Queensbury Town Board appoints Robert Vollaro as Chairman of the Town Planning Board… Agreed to by Councilman Strough and Councilman Boor 7.0 ATTORNEY MATTERS Supervisor Stec-Announced a Special Town Board Meeting with the Recreation th Commission on Wednesday night the 18 at 7:00 P.M. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 251, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Session. th Duly adopted this 16 day of May, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Turner , Mr. Brewer Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury