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2013-08-19 - Mtg 33 REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 279 REGULAR TOWN BOARD MEETING MTG. #33 August 19, 2013 RES. 339-355 7:00 PM BOH 20 LL #4 TOWN BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN OFFICIALS TERI ROSS, ASSESSOR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 339, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 19th day of August, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF H. THOMAS JARRETT NOTICE SHOWN PUBLICATION DATE: AUGUST 9, 2013 SUPERVISOR MONTESI- Tom the floor is yours TOM JARRETT- Good evening, Tom Jarrett of Jarrett Engineers and I'm also the owner of the property. It is a 16 acre parcel on the east side of Ridge Road and there's a three lot subdivision proposed for that lot. Unbeknownst to me originally and subsequently I learned that a wastewater variance for a setback for a setback to an Army Corps Wetland, not a DEC wetland, an Army corps Wetland. I'm here tonight to ask for variances for two of the three lots, the wastewater systems that are proposed 59 and 68 feet respectfully for lots two and three. In my opinion, more importantly I think the variance request are straight forward, but more importantly I think there's a big impact to the Town on this variance request because I think it really has import on many, many applications that come before the Planning Board and this Board. I really don't think REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 280 variances are required to be honest with you and I think that the bigger question that I would like the Town Board to take up after they rule on these variances tonight. The reason I say that is the Health Department standards for which is the genesis of the Town health standards specifically says do not consider Army Corps Wetlands when you are considering setbacks to water supplies SUPERVISOR MONTESI- To what? MR. JARRETT- To water supplies, in other words setbacks for wastewater systems that specifically says do not consider core wetlands, only consider APA and DEC wetlands COUNCILMAN BREWER- Why does the corps flag them as wetlands? MR. JARRETT- You have to flag Corps Wetlands on any project but normally there's no setback for any structural or any wastewater system to a Corps Wetland. And the Corps will tell you they don't have jurisdiction over structures or wastewater systems. But the Town staff has interpreted that we need a 100 foot setback to a surface water body and they've interpreted that a surface water body includes wetlands. Now interestingly, that site specifically has no surface water. I can show you pictures of the wetland, there is no surface water; it is shallow ground water during the spring, no surface water. So, I think we're in a catch 22 and a conundrum here and I believe really that the intent of the regulations of the Health Department standards for sure, the Corps of Engineer standards, and I believe even the Town standards was a setback from State Wetlands, APA and DEC, not from Corps Wetlands. COUNCILMAN BREWER- Does it specify at all Tom or just as Wetlands? MR. JARRETT- In which standards? COUNCILMAN BREWER- In our code, the code that we're going by MR. JARRETT- It says, well if you read your code it says the 100 foot setback does not apply to wetlands, does not list wetlands. Later on it defines surface water as including wetlands, so it's a little bit inconsistent, little bit confusing. The whole thing is a little bit confusing, but I think it really is an issue that needs to be taken up by the Town Board. SUPERVISOR MONTESI- Army Corps Wetlands are considered waters that reach the navigable water of the U.S., which would be Halfway Brook, which goes to Lake Champlain. That's how they get their tag on it. MR. JARRETT- Right, and Corps of Engineers Wetlands are much more inclusive than DEC Wetlands, because DEC Wetlands are limited to larger size wetlands, 12.4 acres COUNCILMAN BREWER- Army Corps is smaller right? MR. JARRETT- Army Corps is any size actually COUNCILMAN BREWER- Any size? MR. JARRETT- Yeah, aggregate, can be any small pieces of wetland that aggregate SUPERVISOR MONTESI-Well, John walked your property today, I walked it a couple of weeks ago. I didn't find it to be wet but I'm just a novice COUNCILMAN STROUGH-No, but I mean, your traditional wetlands, I mean, I didn't see it. I walked that mowed path all the way back to where there's a stick with the double ribbons MR. JARRETT- Right COUNCILMAN STROUGH- Then I took one of the diagonals out towards Stonehurst, came out, you know, over of the other side, that big willow tree, and then walked all the way over. I didn't see any wetlands REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 281 MR. JARRETT- Well, they are Corps Wetlands, they have been delineated officially COUNCILMAN STROUGH- I mean not in the classic sense MR. JARRETT-No they're not, they're not surface waters COUNCILMAN STROUGH- Yeah MR. JARRETT- They're shallow ground water in the spring of the year COUNCILMAN STROUGH- Okay MR. JARRETT- And that's the definition of an Army Corps Wetland, but it's not a surface water, so I think there's a little confusion here and now interestingly if the Town is going to go forward and require 100 foot setback to Army Corps Wetlands, I mean, every single project that comes in front of you for wastewater or other projects as well, but especially wastewater need to have Army Corps jurisdiction determination, meaning delineation; which adds a lot of time and expense to every wastewater action COUNCILMAN BREWER- I thought we did that, no we don't do that? MR. JARRETT-No, you do not do that. You look for DEC Wetlands, but not Corps Wetland. DEC Wetlands are published, they're matt; Corps Wetlands are not, they would need a delineation on every project. Interestingly if you talk to the wetlands experts, many, many of the road ditches around here and the small swales are wetlands, so it would be a jurisdictional nightmare to be honest with you. COUNCILMAN BREWER- Sure would. Well, could we have Bob look at that and see, I mean if we don't have to do them in the future MR. JARRETT- So, I suggest yes, I would make sense to look at it as a Board, what your real intent is and make sure the reps are clarified to read the way you want them to read SUPERVISOR MONTESI- Tom, I think we are going to have to have a workshop on this and then at that point perhaps maybe some of your expertise, what you deal with on a daily basis might be helpful for some input MR. JARRETT- Glad to attend a workshop and help you with that SUPERVISOR MONTESI- Okay. On to your problem COUNCILMAN BREWER- Craig made the determination that you need this, or Dave did? MR. JARRETT- One of the two, I think it was Dave that actually made the recommendation COUNCILMAN BREWER- And he's going by wetland MR. JARRETT- He looked up the Town definition of surface water and it included wetland. But, the actual wastewater COUNCILMAN BREWER- When you say surface water MR. JARRETT- Surface water definition includes the word wetland, but if you look at the setback requirements under the wastewater code it does not list wetlands COUNCILMAN BREWER- But you said there's no surface water MR. JARRETT- There is no surface water there COUNCILMAN BREWER- So, how did he get to surface water? REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 282 MR. JARRETT- I think he just looked at the definition, it said surface water automatically includes wetlands. Well, that's not really true because there are no surface waters out there. I think it's quite confusing, I think a workshop would be worthwhile SUPERVISOR MONTESI- All right, what's the privilege of the Board? COUNCILMAN STROUGH- Well, we have to have the public hearing, and I can't find the setbacks for wetland in our code here SUPERVISOR MONTESI- Okay, well Tom let's see what the public has to say. All right, is there anyone from the public that would like to comment? Yes sir, please give your name VINCENT SPERO- I own the property two houses up from the proposed location. I was under the impression according to this letter that two homes were being built, but now I understand it's going to be three homes. My first question is are they going to be single family homes, are they going to be two family homes, are they going to be apartment type places? What type of structures are they going to be? SUPERVISOR MONTESI- I'm under the impression, talking to Tom, that they're single family homes MR. JARRETT- Zoning allows multi-family or single family and right now there is just three lots, two on Ridge Road, one bordering Stonehurst SUPERVISOR MONTESI- Okay, but that doesn't answer this gentleman MR. JARRETT- I don't know actually what's going to be built to be honest with you. There has been interest in single family homes so far COUNCILMAN MONTESI-Explain how the third lot, where that's coming in because MR. JARRETT- The third lot borders on Stonehurst, there's a 50 foot .... (not audible- talking from the audience). It comes into that third lot that's being proposed. Two of the lots, one and two border on Ridge Road MR. SPERO- My property is approximately two acres, and where my property ends there is a stream back there which is considered wetlands; it's marked as wetlands, always has been. There's a stream that runs through there year-round. Of course, this time of year it's a little drier and lower than it usually is, but in the spring-time it's very high. That water runs directly all the way across, down through that property into Halfway Brook. So, anything going in the ground, I mean it's very back there; you can't, if you go back there, especially spring-time you can't even walk back there. All that water goes into the Brook, and naturally whatever you put in the ground is going to go into the Brook. Now, as a neighbor I am concerned not only of the ecological problems of that but we all get your drinking water from the ground there. We all have wells and septics; we don't have any City water or anything there. So, naturally we're concerned about any variance in moving waste closer to the wetlands, closer to the water there that's going to go into Halfway Brook. I know the area very well, I've lived in that home for 26 years, I know the woods back there, I knew the previous owners. You might go back there now and it might be a little drier than usual but from the spring-time to mid-July, late-July, even now the stream runs back there, you can go behind my house and see that it's a stream, it's not a big stream but it's a stream and it runs directly across all through the woods, all the way down into Halfway Brook. COUNCILMAN BREWER- Is it a classified stream or is it just run-off from... do you have any idea whether it's a classified stream or MR. SPERO- I know it's a stream, I know it was classified wetlands because we had a survey done because a gentleman had bought that strip of land back there with that water and wanted to build and they wouldn't let them because it was classified wetlands and they wouldn't let them do anything with it. That's how I know it's wetlands, as far as what type of wetlands, whether it's Army Corps Wetlands or REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 283 COUNCILMAN BREWER- How far away is this from these parcels? The stream you're talking about. MR. SPERO- It goes right through the back, all the way into Halfway Brook. Now it dries up a little bit in the back of the property that the gentleman was talking about, but its mush, its marsh. Its marshlands mostly, you can't go back there without boots on. In the spring its water SUPERVISOR MONTESI- Vincent, it appears from the design that I see here, the two houses that their asking for on Ridge Road are very close to the road, and as a matter of fact, the septic systems are in the front of the house. Is that right, Tom? I mean, that's what I'm reading. The one that's in the back off of Stonehurst that system is also on the right or left hand side of the proposed house. Pretty much away from the line that you're talking about in terms of a stream, but in any event that looks like what the plan is MR. SPERO- Those are my questions because I wasn't sure. I had no information, I was originally was going to be buying the property but they were asking too much money and then all of the sudden the property value dropped considerably and was sold, and no one knew about it until we saw them digging some holes on the property, and I said what's going on here and the fella who was digging, one of the fellas who was there near the digging said someone bought the property and they are going to be building homes here. I said, well do you know are they putting another development up or are they going to be single family, two family, what; because it all matters what you put in the ground comes back at you. It's like what they did up the road, that Moose Hollow development, that was beautiful acreage, beautiful woods. They tore it down and put up rental houses and not only is it hard to look at but you have extra traffic, you have extra waste, you have extra... I don't need to tell you what it does. I came to Queensbury because it was and still is a beautiful place in the country, but it's turning into with all the development, its turning into a small... it's going to be like Latham if they keep things up. SUPERVISOR MONTESI- Vincent is your house across the street? MR. SPERO- It's on the same side of the road COUNCILMAN METIVIER-No, the same side MR. SPERO- I'm at 972 Ridge, which is just two houses up SUPERVISOR MONTESI- Okay, all right, I see it now MR. SPERO- So, naturally I'm just concerned, I know someone has the right to buy the property and build and build a house on it or two if they want; I can't say anything about that. I'm just concerned about any kind of variance in wastewater and variances it bothers me because I think of the wild life, I think, whether it's one year, five years or ten years that's going to seep into the Brook, and wherever the Brook goes that stuff is going to go with it, and it's also going to seep into the ground, you know where we get our water from. Naturally, I'm concerned and so are my neighbors. I don't know if any of them are here, or could be here, but I wanted to come and find out more about it because I didn't know anything about it until I got this in the mail, otherwise I would have bought the property. SUPERVISOR MONTESI-Well, Tom will come back up one the public has had their say and try to fill us in. MR. SPERO- Thank you very much for listening SUPERVISOR MONTESI- Anyone else? Yes sir DAVID BUTLER- I live at 37 Stonehurst Drive. The piece that their proposing is directly behind my house and I can say that there is water back there. What the gentleman was saying prior to me about that stream, he's absolutely correct, that stream pretty much runs all year-round. This time of year he's right, it's probably no wider than that carpet is right in front of me. But, during the spring-time that increases so large that we get a lot of run-off that comes down through my back yard and goes right into the man's proposed lot. As far as standing water, there's actually REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 284 standing water on my property. Most of the water shed that comes down through Stonehurst Drive all goes down through the cul-de-sac and there's a couple catch basins there that's to catch that water, and it drops it off into, if you're looking at my house it would be the left-hand side, and there's actually cat tails there and that water is probably three or four foot deep. This time of year it's maybe two foot deep and there's one small pond that my kids call the frog pond, and there's frogs back there and that's probably got about two foot of water right now even as dry as it's been. I don't know what the setback is off of my property where he's proposing and I would like to see that plan because I heard Mr. Montesi say that the septic is going to be to the left side of that property, that would be directly back from my house, which kind of connects towards that wet water that's actually standing water in my back yard. The other thing is, the big thing, in the spring-time the water does come off that creek so bad where they are building a new house, Mr. Tynon's place right next door there's actually ducks in that front yard. So, the gentleman before me is a 100% correct, there is a small creek that runs through there, it's a no-name creek, it actually does flow into that water COUNCILMAN METIVIER-Halfway Brook MR. BUTLER- Yes, thank you, Halfway Brook. We've walked that property, and like I say this time of year you can cross it, you can probably walk it, you are going to get wet feet, but in the spring-time you're not going to cross it. COUNCILMAN STROUGH- Is it running now? MR. BUTLER- I haven't been back there. Two or three weeks ago when it was raining it was running pretty good because I actually walked back past there then. COUNCILMAN STROUGH- That stream is somewhere on this property? MR. BUTLER- That stream actually if you are going down Stonehurst Drive and you come all the way to the end where the cul-de-sac is COUNCILMAN STROUGH- Yeah MR. BUTLER- And you follow where that proposed driveways going and follow that driveway all the way back until you hit that thick ridge of pines right there and you will see a trail that's kind of like and old, overgrown trail, take that to the right and that's where that creek is. It's right between, and I'm not sure of the lots, one, two and three. Is three the one on Stonehurst? SUPERVISOR MONTESI- Yes MR. BUTLER- It's between, three, two and one that stream runs right through. Three, two and one; and I guess I don't have a problem with a house going back there but I'm really concerned about the square footage of the house because most of the houses in Stonehurst are required to be 2,000 square foot or above, so I wouldn't want to see a smaller dwelling or a double-wide or anything like that that could potentially bring the Stonehurst development properties down. Because technically, whether you want to admit it or not, it's going to be connected to Stonehurst. The other thing is my concern is depending on the placement of septic where that's going to run into those water... because like I say when that creek overflows in the spring water sheds across my back yard and goes into those little cut backs or whatever they've got that maybe the Town set up or whatever was set when the development was set where all that water catches in. Going out towards the left of my property I own six and a half acres out that way and this time of year you can walk it, it's thick as thick can be and it's wet back there, there's snake grass back there, there's cat tails, there's all kinds of stuff. In the spring you're not going back in there, you're going to be up to your knees in mud, so it is definitely a wetlands, what it's deemed, what kind of wetlands I don't know. The other thing is I'm also concerned if you put the driveway in which way would the water shed from the driveway go and how would that effect the stream, because that's a pretty long driveway just to get back to the woods. I'm estimating probably about 125 to 150 foot just to where the woods actually gain, and what I'm envisioning is this going to swoop around to the back part of my property and that's where the house will be built. So, that's a pretty long driveway to be able to shed that much water, especially when REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 285 you've got the water flowing down from Stonehurst because that's a pretty good grade coming down Stonehurst Drive to where he's proposing the property. COUNCILMAN STROUGH- Okay, Mr. Butler a lot of those issues are Planning Board issues. MR. BUTLER- Okay COUNCILMAN STROUGH- And for this subdivision, I believe he has to go to the Planning Board at some point in time MR. JARRETT- It is scheduled for late August with the Planning Board and ZBA COUNCILMAN STROUGH- So, those kinds of issues need to be addressed and I'm sure Mr. Jarrett will MR. BUTLER- Okay COUNCILMAN STROUGH- We're here just to look at the variance and what's being proposed for the septic system not being a 100 feet away from an Army Corps of Engineer designated wetland, which the applicant contests might be unfair to start with and it might be something that this Board does want to look at. But, that's the only issue here, the variances for the septic system, those other issues are totally valid but those are issues you want to bring up to the Planning Board. MR. BUTLER- Okay, will we get a letter in the mail? COUNCILMAN BREWER- You should, yes, anyone within 500 feet COUNCILMAN STROUGH- You should MR.BUTLER- Okay, same thing, all right. Like I said, I don't have a problem with a house going there, I just want to make sure that it's not going to decrease my property values and that it's not going to take away from the beauty that's back there. COUNCILMAN STROUGH- And all those are good questions MR. BUTLER- All right COUNCILMAN STROUGH- And the Planning Board usually tries to address those concerns MR. BUTLER- Okay, good, thank you COUNCILMAN STROUGH- Okay SUPERVISOR MONTESI- Anyone else? Come up and just give your name STEVE JOHNSON- (speaking from the back of the room) My name is Steve Johnson COUNCILMAN STROUGH- Yeah, well it has to be recorded on the microphones MR. JOHNSON- Steve Johnson from Hall Road. Just a point of information about the drainage, I believe that Glen Lake drains into Lake Champlain. Am I in error? SUPERVISOR MONTESI- Glen Lake, yes MR. JOHNSON- Yes, okay. And so it would be federally regulated, would it not? Or were you saying it was federally regulated or not? SUPERVISOR MONTESI-What I said was generally the Army Corps designates wetlands where they flow to the nautical waters of the U.S. So, if this flows into Halfway Brook, Halfway Brook flows into Lake Champlain; those are the navigable waters of the U.S. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 286 MR. JOHNSON- Okay, all right, I wasn't sure SUPERVISOR MONTESI- I mean, that's how they get their classification MR. JOHNSON- Exactly, I wasn't sure if that was the designation you were talking about or it was not covered by that regulation. So we are federally regulated in some sense, right? SUPERVISOR MONTESI- Yep MR. JOHNSON- Okay, thank you SUPERVISOR MONTESI- Anyone else? Tom. Wait, one more MIKE STEVENS- Hi everybody, I'm Mike Stevens and apparently I own the lot that the fella in the green shirt said was a non-buildable lot, which I would like to correct it. I never finalized the variances I went through, and that stream you keep talking about I believe part of that is what is in the property because I'm behind all these people that comes from Stonehurst. What I'd like to share with you, what I understood, because I had the DEC out there several time, I had to do the delineation, the whole nine yards. They did insist that it was some sort of stream, they did all the tests on it and everything, even though they called it a very minor, it is about as wide as that (pointed to the rug on the floor). It has its good days and bad days but I've got about 12 hundred feet of that and it cuts right through the center of my property pretty much. I think I've been in front of this Board, I'm going to revitalize it pretty soon and I think I've got to re-due it in front of the Planning, but that whole area when it was opened up and everybody was talking about the stream some of the neighbors came because they were concerned about their drainage off their property into the stream and it was brought up by the Planning Board be careful because you are supposed to contain your own drainage and everybody kind of stop shooting the arrows. But it was determined at that time, unfortunately for me, that they did call it a stream, whether I liked it or not. They did the test COUNCILMAN BREWER- Who called it a stream? MR. STEVENS- The DEC. Yeah, they came up, I had to delineate it and do the whole thing COUNCILMAN BREWER- Right MR. STEVENS- And it does, I think, I've never seen it run everybody's saying and I've owned the property for many, many, years. I don't keep track of it every day, but it never seemed that active to me. As a matter of fact, when I bought it I didn't think it would have ever been called a stream. But, what I wanted to point out to the Board was the soil kind of cuts low and then the land kind of rises above it, if you've walked behind any of those properties. The soil, when I had it tested and stuff, everything perked real good and it wasn't that far away from that cold stream. I had good soil content and we checked 12 hundred feet up there and we had great percolation, I wouldn't think, if a guy was cutting short on a septic it would not be a concern of mine that he would have trouble. We really have good soil, and it was nice and high, the stream was all right, I don't see where it would cause anybody and trouble, I seriously don't, and neither did the DEC when he came down. So that's all I've got to say. COUNCILMAN BREWER- Thank you MR. JARRETT- I really can't disagree with most of what all three gentlemen said. There is a stream running through the property and I think you see it on the plan. DEC has called it a stream but they told me that it was unclassified because it is, in their opinion, intermittent. I've seen it dry at least one time, but I also saw it running three seasons last year. So, it is a stream, it is, I think, intermittent, it is small. It is not the subject of this setback; we are plenty far enough away from the stream. The subject of this variance is Corps of Engineers Wetlands, which are a totally different subject. The designs for the wastewater systems are taking into account the shallow ground water, in other words, the systems are going to be raised so we actually have more vertical separation, which is the key to treatment in a wastewater system, than is required by Town Code. All we are asking for is horizontal separation relief to what is not a surface water, that's the net question, or net variance request here. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 287 COUNCILMAN CLEMENTS- Tom, is there any DEC designation in there at all? MR. JARRETT-No COUNCILMAN CLEMENTS- Is it just the Army Corps? MR. JARRETT- Just the Army Corps COUNCILMAN CLEMENTS, Okay, DEC just said a stream is a stream MR. JARRETT- As soon as you go east of the property, off of the property you get into the Halfway Brook corridor then DEC is all over it; wetlands, stream, it is wet year-round, it is standing water, but that's east of the property, it's not on, it may be right along the boundary but it's not the subject of these setbacks. SUPERVISOR MONTESI- Tom it looks like on the lot in the rear off of, I know it's not the subject of the wastewater, but it looks like you created a retention pond and a weir to control the water. MR. JARRETT- All the run-off is being controlled on the properties and as close to the driveways and houses as we can make them within standards, but they are shallow retention infiltration areas in good soils. COUNCILMAN STROUGH-Now that's not meant to be a pond or standing water though? MR. JARRETT-No, no, no that's going to drain down within an hour I think it's about six inches deep as I recall. Very broad and very shallow and it will drain very quickly. COUNCILMAN STROUGH- Okay, and that's test pit number two where we didn't see modeling until about 31 inches. Where is test pit number five? MR. JARRETT- You're testing my memory COUNCILMAN STROUGH- Yeah, well I kept looking and looking. I found two MR. JARRETT- Three COUNCILMAN STROUGH- Two, three, and another two MR. JARRETT- I believe five is still on the front on the Ridge Road side, but I have to double check that SUPERVISOR MONTESI- There were five test pits? MR. JARRETT- There were actually more than five, there were five at least on the front, on the Ridge Road side COUNCILMAN STROUGH- Four, three, two and one, I can't find five SUPERVISOR MONTESI- Okay COUNCILMAN STROUGH- Well SUPERVISOR MONTESI- Test pit number five said that zero to six inches of top soil, water seeping in 26 inches COUNCILMAN STROUGH- Yeah, but there was modeling at 18 SUPERVISOR MONTESI- All right. Well gentleman, what's the feeling of the Board REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 288 COUNCILMAN BREWER- I don't have a big issue with it but I would like to have a workshop and see if we can straighten that language out in our code. COUNCILMAN STROUGH- Well, two things I didn't get over on the Rockhurst side and I didn't see that stream. I walked, evidently, the whole southern section but not where the stream is. MR. JARRETT- Could have been dry right now and it doesn't show typical bed and banks of the stream COUNCILMAN STROUGH- Yeah MR. JARRETT- It is between three and one and two, as one gentleman said COUNCILMAN STROUGH- Well, I also had a thought too that there not your classic wetlands so I think goes in your favor. They are Army Corps of Engineer Wetlands and I'm not so sure I fully understand that so maybe the workshop would be good. The other thing is too is we've always try to impress on this on applicants did you do everything possible to reduce this variance to the least possible variance that you could?Now what you're offering us is pretty much traditional infiltration system beds where more efficient systems would be smaller dimensions and reduce the variance, that's one thought I have too, and I don't know if I'm alone there but as we go down the line maybe we'll see. MR. JARRETT- I would, if I could jump in before the rest of the Board responds, we did add extra vertical separation to add extra treatment as opposed to the standard minimum two feet that the Health Department requires and the Town requires except around lakes, around lakes you know the Town asks for three feet. We've gone to excess of two feet, I don't remember the exact, I'd have to check the plans but I know it's more than two feet we designed. I'd rather go there as opposed to adding a more complicated system or mechanized system, meaning pumping or something of that nature. COUNCILMAN STROUGH- Well, right now you're, I did have it written down here, what's the linear feet of one of the runs, is it 25 feet? MR. JARRETT- Sounds like it, I think 35 was one of them COUNCILMAN STROUGH- 52 feet lateral length MR. JARRETT- Which COUNCILMAN STROUGH- To less end caps. I'm on sheet six of 10 MR. JARRETT- Okay COUNCILMAN STROUGH- And that's where I see the length. So I see lateral length of 52 feet and I see four laterals and their traditional system. I mean if we went to something a little bit more efficient, I'm not talking pumping here, I'm just talking more efficient, you could reduce this size of those laterals. MR. JARRETT- If I go to a bed system, which means a tighter foot print, than the Health Department says I have to pump it, which I prefer not to do, it adds COUNCILMAN STROUGH- I don't think you have to in an Elgin system MR. JARRETT- We could go to an Elgin, your right, we could go to an Elgin, we do not have to pump an Elgin COUNCILMAN STROUGH- And if you use an Elgin system there'd be less variance because you could shift that, it's a smaller size to accommodate the same number of bedrooms in the structure REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 289 MR. JARRETT- I usually use Elgin's only where I have to but it sounds like I'm in that situation COUNCILMAN STROUGH- Well, I don't know what the Board, It could be that I'm alone on that MR. JARRETT- I would offer that if the Board feels more comfortable that way, I understand SUPERVISOR MONTESI-Well, Tom I'm of the opinion, I listen to the public, there were three, and there seems to be some concern about this stream. I would like to, myself, before I vote on this I'd like to get back there and look at this stream. That may delay you but that's kind of my feeling, and only because that's what the public was concerned with COUNCILMAN METIVIER- I would prefer to do that as well. Just give us some time. There's no sense to rush this tonight with some questions MR. JARRETT- If you'd like I can go out and show you where it is at some point if you wish SUPERVISOR MONTESI- Okay COUNCILMAN CLEMENTS- I agree also, although I think you've done a good job of running the water off one way and the system the other way. Looks like you've done your due-diligence MR. JARRETT- I appreciate that but I have no problem with you taking a look at this SUPERVISOR MONTESI- Can we leave the public hearing open? ROSE MELLON, DEPUTY TOWN CLERK II- You can close the public hearing and just not act on it, if you want to do that COUNCILMAN BREWER- We can leave it open also DEPUTY TOWN CLERK, MELLON- Do you want to leave the public hearing open? SUPERVISOR MONTESI-Well, we'd all like to go out and take a look at this DEPUTY TOWN CLERK, MELLON- Okay COUNCILMAN BREWER- We can leave it open until COUNCILMAN METIVIER-Now if we leave it open and we get back together with him at a workshop do we have to re-advertise? DEPUTY TOWN CLERK, MELLON- I would think so, yes COUNCILMAN BREWER-Not for a workshop SUPERVISOR MONTESI-No, but you've got to have a public hearing COUNCILMAN BREWER- To act on it you mean? COUNCILMAN METIVIER- Yes DEPUTY TOWN CLERK, MELLON- It's better to close the public hearing and just not act on it and then if COUNCILMAN BREWER- Re-open it, if we re-open it we have to DEPUTY TOWN CLERK, MELLON- You have to re-advertise, yes COUNCILMAN BREWER- Re-advertise. So why can't we just leave it open and not act on it REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 290 DEPUTY TOWN CLERK, MELLON- You can, but not with having a workshop, it would be COUNCILMAN METIVIER-Right, than we can't do a workshop, we'll have to have another meeting on it COUNCILMAN BREWER- Why can't we? It's not just on this particular system; it's a contradiction in the code SUPERVISOR MONTESI- I know, but Tim, I'm not interested in doing a workshop on that. That could take a while. All I'm interested in is trying to, COUNCILMAN BREWER- I'm not suggesting we do that SUPERVISOR MONTESI- I know that, but that's going to delay him that much more. On this, what we're asking on this side of the table is let's go out and take a look at this stream MR. JARRETT- Within the next two weeks and have it on the next agenda SUPERVISOR MONTESI- Yeah, that's what I would like to do COUNCILMAN METIVIER-We could do that, if you can live with that that's fine COUNCILMAN STROUGH- In the meantime, I will do a little bit more homework on this Army Corps of Engineers stuff SUPERVISOR MONTESI- And we can close this and re-open it again in a few of weeks MR. JARRETT-Either way, either way you want to handle it is fine with me COUNCILMAN METIVIER-Well, no if we're going to be back in two weeks don't close it. Leave it open SUPERVISOR MONTESI-All right COUNCILMAN METIVIER- That will give the folks another chance to SUPERVISOR MONTESI- Okay, all right COUNCILMAN BREWER- Right, because if you close it... we have to re-advertise again SUPERVISOR MONTESI- So, we're not going to act on it tonight Tom, we are going to leave the public hearing open MR. JARRETT- Fine SUPERVISOR MONTESI- And MR. JARRETT- So, I would be scheduled for the next regular Town Board Meeting? SUPERVISOR MONTESI- In two weeks, yes DEPUTY TOWN CLERK, MELLON- September 9th is the next one SUPERVISOR MONTESI- I think its September 9u' COUNCILMAN METIVIER- Yes, its September 9u' SUPERVISOR MONTESI- And I think that's important because that's what the public had some concerns about REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 291 MR. JARRETT-No problem, I think it gives an opportunity to discuss the import of the whole set of regulations too. John, if you wish to talk to, a member of the Corps was here, a representative for the Corps was at the site and Deb Roberts was our representative delineating, so you can talk to either one of them if you wish more information on Corps Wetlands COUNCILMAN STROUGH- I know Deb SUPERVISOR MONTESI-Who was here from the .... MR. JARRETT- I think it was Kevin Bruce that was here, I would have to double check the file. Deb would know who was here SUPERVISOR MONTESI- Okay. All right, we are going to leave the public hearing open and resume in two weeks. MR. JARRETT- And someone is going to try to schedule a site visit, right? SUPERVISOR MONTESI- Yes MR. JARRETT- We'll coordinate that SUPERVISOR MONTESI- I will coordinate that with my Town Board and give you a call MR. JARRETT- I'd be glad to do that COUNCILMAN STROUGH- Okay, thank you for your patience SUPERVISOR MONTESI- Okay, Thank you. Okay, I need a motion to close the Board of Health. QUEENSBURY BOARD OF HEALTH RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 20, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 19th day of August, 2013 by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 292 2.0 PUBLIC HEARINGS PUBLIC HEARING AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 128 ENTITLED, "HOURS OF USE OF TOWN PARK AREAS" NOTICE SHOWN PUBLICATION DATE: AUGUST 9, 2013 SUPERVISOR MONTESI- Is there anyone to speak to this? Tim this was your idea, right? COUNCILMAN BREWER- Yes, Pliney has SUPERVISOR MONTESI-Pliney PLINEY TUCKER- What's your plans? COUNCILMAN BREWER- Dusk to Dawn MR. TUCKER- All the parks? COUNCILMAN BREWER- Unless there's lights, and I don't think that any of our parks have lights to play softball or anything else do they? MR. TUCKER- I know the Hudson River Park gets used after dark because there are people on the river with their boats. You are just going to discontinue that? COUNCILMAN STROUGH- They are coming in and their docking at night? COUNCILMAN BREWER- Their staying out on the river during the night? MR. TUCKER- Pardon? COUNCILMAN BREWER- Yes, that's what was asked, and talked about. I mean there's not going to be somebody there with a watch at 8:15 and say get out, but the intent is to close the parks after dark, yeah MR. TUCKER- With the Hudson River Park I suggest that you talk to the County and you talk to the man that donated the land because there was restrictions that came down the pike when we accepted the land COUNCILMAN BREWER- Yes, if we have the restrictions we can certainly look at them. I will call Bob tomorrow and ask him to take a look, or Ron can or whomever, it doesn't matter MR. TUCKER-Now, this includes all parks and neighborhood parks and everything else? COUNCILMAN BREWER- Yep SUPERVISOR MONTESI-Well, the list includes Gurney Lane, Jenkinsville, Hovey Pond, Freedom Park, West End Park, Glen Lake Boat Launch Site, Hudson River Park, Meadowbrook Preserve, Hudson Pointe Preserve and Feeder Canal Park. MR. TUCKER- That's nearly everything ain't it? SUPERVISOR MONTESI-Well Tim, explain, we've had numerous, numerous complaints of neighbors and vandalism at the park COUNCILMAN BREWER- Vandalism at several of the parks, West End Park on Luzerne Road, Feeder Dam Park REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 293 SUPERVISOR MONTESI- This is not just an idea that came out of no where COUNCILMAN BREWER- Mainly the parks have had a lot of vandalism, a lot of destruction and it's an expense that we should have to do time and time again to have a park. I mean, people enjoy the parks, we appreciate that, they're there for the enjoyment of the residence but at some point, I mean, I certainly wouldn't take my children down to the park at 10 o'clock at night or nine thirty at night in the summer. I'm certain that if somebody is at the park and it starts to get dark and they stay there the cops aren't going to be there to arrest them. It's just to try to prevent some of the vandalism that we've had at the different parks. MR. TUCKER- I hope it's going to work for you, but I've got an idea the people that vandalize these parks don't give a damn when you close it. COUNCILMAN BREWER- Oh, I'm sure they don't because they wouldn't do it if they did, but at least it's a starting point where we have some way to go after the person who is down there trying to destroy stuff SUPERVISOR MONTESI- Tim, there was one other thing. The Sheriff's Department said to us that we need to have regulations that say when will the park close; well we are telling you dawn to dusk. Now they can go in there and enforce that, before they wouldn't. So that's part of the reason for this. COUNCILMAN BREWER- Let me give you an example Pliney, down at the Feeder Dam Park we put trees in about six, seven, eight years ago. They were beautiful maple trees, they were grown up they were this big around, and maybe they were twenty foot tall. Somebody, I don't know who did it, but they started about six foot high and stripped every bit of bark of the tree MR. TUCKER- Maybe it was the deer COUNCILMAN BREWER- It wasn't the deer. Cement tables and benches, broke them apart, I mean there's no call for, there's no reason for that. MR. TUCKER- I know what you're saying, but here is a case of where the good people have got to pay, well there's ladies in the place... COUNCILMAN BREWER- I'm sorry MR. TUCKER- You changing the time isn't going to change these guys from doing what they're doing. COUNCILMAN BREWER- Well, at least like Ron said we have some mechanism so the Sheriffs' can put in force, hopefully. MR. TUCKER- The next thing we'll have to hire a cop to patrol them so we can catch them doing it. COUNCILMAN BREWER- Well, I don't know if we'll go that far MR. TUCKER- Thank you SUPERVISOR MONTESI- Okay, any other... yes sir. Doug, are you still on the Recreation Commission? DOUG IRISH- I used to be, no I'm off but I did want to speak about it. I spent almost eleven years on the Recreation Commission, part of it as Chairman. We always had a policy that the parks were closed after dusk. It wasn't a regulation or Town Zoning Code or anything like that. But, I tend to agree with Pliney that I think that to create a regulation that says their closed from REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 294 dusk to dawn penalizes the people that actually do use them. The People down on Luzerne Road that use that park after hours with their kids, I see them down there do that, fisherman use the boat launch down on the Hudson River after hours. We had a couple of kids we caught vandalizing Hudson River Park with their four-wheelers and things of that nature and for whatever reason, I wasn't in favor of it at the time but the Recreation Commission and Town Board decided that the kids involved were just going to get a slap on the wrist and nothing was done about it. They were supposed to help us put the park back together, fix the fences and stuff like that COUNCILMAN BREWER- They did MR. IRISH-But still, I mean that's the kind of stuff that you want to publicize COUNCILMAN BREWER- ... Steve made... MR. IRISH- Yeah I know, again I wasn't in favor of it at the time. I think it's time to start, I know when my kids get in trouble they don't get out of it that easy. I think to pass a regulation that says that nobody can use those parks from dusk to dawn penalizes the people that actually enjoy it the most, for a couple of kids that are idiots, quite honestly. COUNCILMAN BREWER- Sometimes they're not kids MR. IRISH- That's true. I mean, and a lot of times there's drinking involved and some other things, but I don't know that being strong handed to that point, and I can tell you this, the Sheriff's aren't going to go down there more than once or twice and arrest anybody that they catch. COUNCILMAN BREWER- I don't think the intent is to go down there and chase everybody out of there Doug, the intent is to have some kind of regulations so if there are people down there causing problems we have a mechanism to enforce MR. IRISH- There's already signage up, unless, I could be wrong here, but there's already signage up that says those parks are closed after dusk. COUNCILMAN BREWER- I don't think so, not all of them MR. IRISH-Well, we paid for them once, so I don't know where they went COUNCILMAN BREWER- I understand that MR. IRISH-We paid a lot of money for signage down there about that. I think it's an education program. I mean let people know that's what's going on. We actually had people from the neighborhood down there in the West End Park that reported the kids that vandalized that after we spend a lot of money on it. COUNCILMAN BREWER- There's one lady that lives down there so scared to go out of her house she won't go out of her house because of the kids that are down there too. I mean I can tell you stories, I'm sure you've heard them yourself but... It's not right MR. IRISH- Yeah, I just would hate to see, no, I know, but I hate to see the Town just say that's it, we're done because the only one you're going to impact are the ones that want to use it not the ones that want to vandalize it; they're going to show up any way. Thank you. SUPERVISOR MONTESI- Yes sir DOUG AUER- 16 Oakwood Drive. Interesting discussion, I take a little bit different tact than Doug does. I was on the Recreation Commission when we actually took the park over from DeSantis and we have a lot of problems down there and the one thing that I think that you're doing that is good with this is that you give the police the ability to have probable cause. So this REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 295 way if a neighbor calls and says there's a problem, something is going on over there. The police can use discretion as to how to handle it. Otherwise, they don't have that COUNCILMAN BREWER- Exactly MR. AUER- You know you can't, I was an auxiliary police officer at a point in my life one of things they drilled into us is you don't make your own laws. So, unless there's a statute on the books then you can do something. I think that the police are generally smart enough to use good judgment, if somebody's down there with their kids COUNCILMAN BREWER- If somebody's fishing down there they certainly aren't going to arrest them MR. AUER- And as far as getting on and off that river with a boat at night, you really have to be crazy to want to do that because there's a current down there and it's dangerous as hell so COUNCILMAN BREWER- It's dangerous in the daytime MR. AUER- It's bad enough trying to line a boat up on a trailer when you don't have a current, at night it becomes an order of magnitude more difficult. From a liability standpoint, I think it makes sense; I don't have a problem with it. Like I say, you're right Tim, we did have trouble with people doing donuts down there, and when I was on the Recreation Commission I do believe they made restitution on that. COUNCILMAN BREWER- Three boys went down there and spend a whole day shoveling dirt MR. AUER- Was that the same incident or was that a different one COUNCILMAN BREWER- This was about, I want to say, four or five years ago MR. AUER- This goes way back, this was like ten or fifteen years ago COUNCILMAN BREWER-No, these were three high school kids and they went down and they made restitution and they shoveled dirt and raked it. They paid for the sins of other MR. AUER- Yeah, and sometimes they're lucky and they catch them and that's good. At least you give the cops, if there isn't a local law that they can enforce, why do they want to go down there? If somebody calls they have to respond, they dispatch and somebody responds. SUPERVISOR MONTESI- Okay, thank you Doug. Anyone else? PLINEY TUCKER- Have you had a lot of problems with the Hudson River Park? COUNCILMAN BREWER-Not particularly Pliney, not necessarily that park itself but Steve the Recreation Commissioner thought if we're going to do it lets do it all. Like we said, if there's somebody down fishing the cops are certainly not going to drive down there and try to kick somebody off the pier, tell them to get out of there and arrest them or anything. That's not the intent. MR. TUCKER- I just want to point out that my brother-in-law lives in the house right there at the park and him and Mr. DeSantis got together and Mr. DeSantis has authorized him to arrest anybody that's doing something they ain't supposed to be doing. COUNCILMAN BREWER- Mr. DeSantis doesn't own that anymore SUPERVISOR MONTESI- That's good though, that's helpful Pliney. That's a vigilante right? MR. TUCKER- I'll tell you something with the Sheriff s Department, they won't arrest anybody unless you swear out a warrant. Somebody's in the Recreation Commission has got to swear out a warrant. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 296 SUPERVISOR MONTESI- Okay COUNCILMAN BREWER- well, we'll try and see how it works SUPERVISOR MONTESI- Anyone else? All right, what's the feeling of the Board, do you want to vote on this? Close the public hearing COUNCILMAN METIVIER- Yeah, I'll vote on it. I was thinking can you amend it and not say dusk to dawn, put from 9PM to 5AM? COUNCILMAN STROUGH-No, keep it dusk to dawn SUPERVISOR MONTESI- Once you put hours in now you COUNCILMAN METIVIER-Well, I'm just thinking because Doug brought up a good point, you know some hot summer night and kids are out there; of course they should be in bed by nine but whatever COUNCILMAN STROUGH- Well, a hot some night stays light until what, nine or nine thirty COUNCILMAN METIVIER- That's what I'm saying COUNCILMAN STROUGH- I mean, but after sunset I don't think it's good to be out there for whatever reason COUNCILMAN METIVIER- All right, I'm fine with it. That's fine, that's fine COUNCILMAN BREWER- I'll introduce it COUNCILMAN STROUGH- I'll second RESOLUTION ENACTING LOCAL LAW NO.: 4 OF 2013 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 128 ENTITLED, "HOURS OF USE OF TOWN PARK AREAS" RESOLUTION NO.: 340, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to limit the hours during which individuals may lawfully occupy Town Park and Recreation Areas in order to decrease vandalism, vagrancy and other potentially illegal activities, and WHEREAS, the Town Board wishes to therefore consider adoption of Local Law No.: 4 of 2013 to amend the Queensbury Town Code by adding a new Chapter 128 entitled "Hours of Use of Town Park Areas"to provide such restrictions, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 297 WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local Law on Monday, August 19th 2013 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4 of 2013 to amend the Queensbury Town Code by adding a new Chapter 128 entitled "Hours of Use of Town Park Areas," 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. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: Mr. Clements ABSENT: None LOCAL LAW NO. 4 OF 2013 A LOCAL LAW ESTABLISHING HOURS OF USE OF TOWN PARK AREAS BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: 1. PURPOSE AND AUTHORITY. Town Park and Recreation Areas suffer significant damage from vandalism and other activities conducted after dark and may provide a REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 298 convenient location for the conduct of illegal activities at that time. The purpose of this Local Law is to limit the hours during which individuals may lawfully occupy Town Park and Recreation areas in order to decrease vandalism, vagrancy and other potentially illegal activities. It is adopted pursuant to New York Municipal Home Rule Law. 2. TOWN CODE AMENDMENT. The Queensbury Town Code is hereby amended to add the following new Chapter 128: CHAPTER 128. HOURS OF USE OF TOWN PARK AREAS Section 128-1. Applicability. This Local Law shall include, but not be limited to, the following existing recreation, park and playground areas as well as any such areas whether established now or in the future, which shall hereinafter be known as "Town Parks": Gurney Lane Recreation Area Jenkinsville Park Hovey Pond Park Freedom Park West End Park Glen Lake Boat Launch Site Hudson River Park Meadowbrook Preserve Hudson Pointe Preserve Feeder Canal Park The provisions of this Section shall also apply to any parking lot or parking area adjacent to a Town Park. Section 128-2. Town Park Hours. A. Hours of Use. Town Parks, as described in Section 128-1, shall be open to the public daily from dawn to dusk which, for the purposes of this Local Law, shall mean from the time of "apparent sunrise" to the time of "apparent sunset' as the same are shown for a particular date in the National Oceanic and Atmospheric Administration Solar Calculator (see http://www.esrl.noaa.gov/gmd/grad/solcalc/), unless special permission is granted by the Director of Parks and Recreation or the use is for an activity sponsored by the Town. It shall be unlawful for any person other than Town personnel conducting Town business therein to occupy or be present during any hours during which a Park is not open to the public. In addition, any section or part of a Town Park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 299 B. Special Permission. Special permission may be obtained from the Director of Parks and Recreation for use of a Town Park before or after the regular hours for specific activities. Whenever any group, association or organization wishes to use a specifically designated area of a Town Park for a particular purpose, such as a picnic, meeting, party or theatrical or entertainment performance, before or after regular Town Park hours, a representative of the group, association or organization shall first apply for and obtain written permission from the Director of Parks and Recreation. The Director of Parks and Recreation may adopt an application form, which may require an indemnity bond or other security to protect the Town from any liability of any kind and to protect Town property from damage. The Director of Parks and Recreation shall grant the permit if it appears that the group, association or organization meets all of the conditions contained in the application. Section 128-3. Enforcement; Penalties A. Authorizations. The Director of Parks and Recreation and police officers, recreation attendants, playground directors, park guards, park superintendent, park foremen and other persons designated by the Recreation Commission shall have the authority to enforce the provisions of this Chapter. Such persons shall have the authority to: (i) cause the removal from the Town Park of any person acting in violation of this Chapter and (ii) seize and confiscate any article of property brought into a Town Park or used therein in violation of this Chapter and (iii) take such other actions as may be authorized by law. B. Fines; Violations by Minors. Any person violating any of the provisions of this chapter shall be guilty of a violation which shall be punishable, upon conviction thereof, by a fine of fifty dollars ($50) for the first violation, two hundred fifty dollars ($250) for the second violation and nine hundred fifty dollars ($950) for the third and any subsequent violation. In the event of default in payment of such fine, the violator shall be subject to imprisonment in the Warren County Jail for not more than ten (10) days. In the case of action or activity by any minor (herein defined as any person under the age of eighteen (18) years), the term "person violating" as set forth in this section shall mean, in addition to such person, the parent, parents or guardian or any other person having lawful custody and control of such minor. Such parent, guardian or person having lawful custody and control of such minor shall be considered separately and individually in violation of this chapter. C. Costs. Where such violator has removed, destroyed, damaged, defaced or befouled the Town Park or any contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. D. Additional Penalties. Further use of Town Parks may be denied to violators of this Chapter in addition to the imposition of fines and/or costs. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 300 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 NOTICE SHOWN PUBLICATION DATE: AUGUST 9, 2013 SUPERVISOR MONTESI- Is there anyone here to speak to the Glen Lake... all right DEAN BOUCHER- We would like to recommend that we've, as we have shared with the Board that we increase from $132 to $146 a year for the tax district. We have met with the entire association and it was approved to go forward with the Town. We really appreciate the help we've gotten from the Town to set up the district and moving forward,just to enlighten you a little bit Paul and I will both share that the treatment that we had this year was excellent and we would really like to share some of our experiences which we are now with Sunnyside as well. We think that our experience may help them decrease their cost as well. In addition to that, Dream Lake at some point may need some help. I don't know that they could form a district as we did, so they may need some funds from other areas. Going forward, I think our experience may have helped other people. This is an ongoing process which is not easily achieved, and every year it takes a major effort to go out and to survey and make sure that we have everything together as we need to keep it clean and keep it clear. But, I will let Paul share, he's actually brought some samples with him tonight PAUL DERBY- A little show and tell (passed around to the Board Members a jar with samples form the Lake) MR. BOUCHER- What is he is showing is the milfoil and the Illinois Pond Weed which is in the Lake which is being treated. MR. DERBY- And these are babies and we did treat this year, and the treatment worked very, very well. The Lake is as clean has it been in years, the nuisance weeds are way down. But, we do have ongoing issues. What you see right there is the spaghetti string there is a baby Illinois Pond Weed, that's one of our nuisance aquatic vegetation, the other whirly one, the green one is Eurasian Milfoil, its brown on the bottom but has new growth on the top and if you look very closely you can see the roots are starting to grow. That's how that spreads, and the other one spreads by seeds. So even though this was a very successful treatment we do have hot spots in the Lake that come back quickly, so part of the reason for the increase in the taxing amount is because we want to try a different strategy. We used up our money this year, we had a very successful treatment, what we'd like to do next year, maybe for the next two years, is do small areas, the hot spots, the inlets, St. Mary's Bay, a couple of other areas, less than twenty acres. So, this is less than 10% of the Lake, and our feeling is if we can get those hot spots under control these weeds won't feed the rest of the Lake. So, in the long run it should hopefully actually decrease the amount of taxes that we need, but we need to plan for our three year cycle which is REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 301 about a hundred thousand dollars. So, if we increase, the way it works out, we could spend less than twenty thousand and then in the third year we would have enough to do a whole lake treatment if we needed, but if we don't than the money can be there, we can reduce the tax, so that's the strategy. MR. BOUCHER- Additionally, we are continuing to hand harvest, but it becomes rather cumbersome trying to do that as you get into some of the denser areas. So, that's the real reason we treat it as we do because we find that to be the most successful. Anything else to add Paul? MR. DERBY-No, I don't think so SUPERVISOR MONTESI-Well, you guys have kept really good communication with the Town and your group. This is a small increase but it raises you $48,000 I guess a year, and that's what you're going to need to do the treatments whether it's the chemical treatments or if you have to do some hand harvesting. I applaud you COUNCILMAN STROUGH- Mr. Boucher, originally you were asking for an increase per unit to $152? MR. BOUCHER-No, no, originally it was $132. First year we had it was only billed at $118, it should have been $132 then and we are recommending we go from $132 to $146 MR. DERBY- There was a clerical error the first year, I think it was $112 or $118, so actually it puts us a little behind. So, we went to $132 last year and we are kind of making... COUNCILMAN STROUGH- All right, all right, all right, so it's no change in what we've been proposing in having this public hearing on it. It's $146 right now MR. DERBY- That's correct MR. BOUCHER- That's correct COUNCILMAN STROUGH- All right SUPERVISOR MONTESI- All right, any members that would like to speak? MR. BOUCHER- Thank you very much COUNCILMAN STROUGH- Thank you SUPERVISOR MONTESI- All right COUNCILMAN METIVIER- You are going to dispose of them properly right Paul? (referring to the Illinois Pond Weed and milfoil samples). MR. DERBY- Yes I will SUPERVISOR MONTESI- Tony, do you want to move this? Close the public hearing. RESOLUTION ADOPTING GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.: 341, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 302 SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2014 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, August 19t1i 2013 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2014, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 19th day of August, 2013 by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 303 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 NOTICE SHOWN PUBLICATION DATE: AUGUST 9, 2013 SUPERVISOR MONTESI- Okay, someone to speak for the Sunnyside. All right Bob BOB HUNTZ- I live on Sunnyside Road and I am representing PALS, which is the Protective Association for Lake Sunnyside. We are proposing also that we increase our tax rate for our tax district, which was in existence for only one year, this year was the first year we collected some taxes. We have run into some problems in trying to treat our Lake. Sometimes I'd like to accuse Glen Lake of sending some of their milfoil over to us and getting into our Lake. I'm just kidding. The plan as it was constructed when the tax district was set up was to treat the Lake with chemicals and also hand harvesting, kind of in a three year cycle. We ran into a problem right off the bat because the chemical that we have been using for about 11 years in Lake Sunnyside called Sonar, it does kill milfoil, is not working nearly as good as it did initially when we first started. In fact, the company that manufactured the product is called SePro Corporation, they sent a representative up this week to take samples of the milfoil from our lake to take back to their labs to do scientific research on to find out why it's not being as effective as they think it should be. Of course, that leaves us with an awful lot of milfoil. If you've driven by Sunnyside Road recently and taken a glance at Sunnyside Lake, you see a large section in the southern and eastern part of the Lake where the milfoil has reached the surface and doesn't look very good. So, our Association and Advisory Committee for the tax district met in the spring and decided that we're not going to spend more money on the chemical that didn't work that well the last time it was used and there is resistance among residence of using any chemicals in the Lake. Everybody talks back about the days of DDT where everybody said there was no problem with DDT and we all found out later there was a problem with DDT. So, constantly using chemicals has become kind of a negative and hand harvesting is clean. If you take those weeds out of the Lake, they're not putting nutrients in the Lake by decaying and that's a plus too, and no chemicals are going into the Lake. The problem with hand harvesting is that it's very expensive initially to get done. The Association again had a meeting over the summer and voted to increase rather dramatically our tax rate for next year in order to build up a fund large enough so that we can eventually do the hand harvesting in our Lake, complete hand harvesting of the whole Lake the first time around. The estimates are that it will cost close to $50,000 to do that for our small Lake. We have approximately $11,000 in the Town now that was collected this year, which we have not spent, and with an increase we are hoping to have close to $30,000 next year. If we take the taxes that were collected this year and next year put together we'll come to close to $30,000. I had made an appeal to the County Board of Supervisors, I've made appeals to all of our elected representatives at the State level, and national level to come to our aide with a little bit of assistance so that we can get over this hump of this initial treatment of hand harvesting in our Lake. So, our hope is that by next spring sometime we'll have $50,000 to do the hand harvesting of the complete Lake. If it doesn't happen, we don't get any aide anywhere else we'll have to wait another year in order to have $50,000, but then we can go ahead. Sunnyside Lake is not going to look very good if that happens for another year, but we feel that is the best solution. The Association, as I said, met during the summer and voted almost unanimously to increase the tax rate for next year, it's not $95 per unit and they voted to go to $145 per unit, which percentage wise is quite an increase. To put it in terms of homes, a home on the Lake taxes would increase about $100 for next year, and a home off the Lake that's not a lakefront home it would increase about $75 for that to happen. That is our plan at this point. I have met with the gentleman from Glen Lake, and of course we compare our notes and what they're doing and what we're trying to do. They're still treating with a chemical, which is very effective for their Lake, which is good. We'll continue to look at all solutions, but right now our solution is to hand harvest... REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 304 COUNCILMAN BREWER- Is that kind of strange that it works well on one lake but not another? MR. HUNTZ- Well, the chemical they're using is a different one COUNCILMAN STROUGH- Different one MR. HUNTZ- So, that's a possibility for us to look at that and see if that can happen. But, we'll see. SUPERVISOR MONTESI- All right, thank you COUNCILMAN METIVIER-What do you think the Town for you to get the cost down if you did a full hand harvest, in addition to the trucks that we usually provide MR. HUNTZ- Yeah, the Town has been very helpful in the past, and when we have hand harvested, they've allowed us to get the actual milfoil plants themselves taken down to the landfill for deposit there, and have provided trucks for us to transport there. What else they could do, I don't know? COUNCILMAN METIVIER-Lets take it a step further and think outside of the box a little bit. What about more boats, people resources? MR. HUNTZ- Well, here's one, I'm glad you mentioned that because, one idea that the, you know the hand harvesting requires divers COUNCILMAN METIVIER-Right MR. HUNTZ- Divers go down into the Lake and pull the plants out. While they're under water they have to pull the plant out, try to get the roots and all, put it in a bag and, like an onion sack water can flow through, put it in the sack, and when the sack is filled they bring it to the surface, put it in the boat, dump it out, go back down, fill the sack up again. The gentleman who runs the diving company, you know, if we could get some laborer, volunteer laborers, he said the milfoil when it's pulled floats COUNCILMAN METIVIER-Right MR. HUNTZ- Goes to the surface, and he said we can come in and put a barrier around a large area where the divers are working, they just pull the plants out, let them float to the surface, and you have people on the surface COUNCILMAN METIVIER- Skimmers MR. HUNTZ- You know, skimming it off and putting it into boats and getting out. He said we'll move much faster and get it done much quicker; that way it would save money. Whether the Town could help us in any way with that process COUNCILMAN METIVIER- I wonder if we could coordinate and effort, I'm going to through the Fire Department in here, I'm looking at one right now, we have some boats, maybe some...no, shaking your head (speaking to a South Queensbury Fire Member, Eric Lettus) ERIC LETTUS- If you want to buy us one we will COUNCILMAN METIVIER-Ha, ha, we're not buying you a boat. We can work on this, there's definitely some resources. Why don't we even try to get some community involvement with folks around the Lake and maybe a couple Councilmen COUNCILMAN STROUGH- I'll help MR. HUNTZ- We have done that REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 305 COUNCILMAN METIVIER- Take a Saturday or Sunday COUNCILMAN STROUGH- Count me in COUNCILMAN METIVIER- I'm in, I mean seriously, we can figure this out MR. HUNTZ- Good suggestion. We, in fact, when we hand harvested before we had people from around the Lake who helped empty the bags, loaded it into the truck to get it away from the Lake SUPERVISOR MONTESI-When are you scheduled to do the hand harvesting this year COUNCILMAN METIVIER- They're not going to do it this year MR. HUNTZ- We're not going to do it COUNCILMAN METIVIER-Now, at this point, this year would be a moot point to do anything, right? It's too late in the season? MR. HUNTZ- It is COUNCILMAN METIVIER- Okay MR. HUNTZ- Chemical treatments are more effective when they're done in the spring COUNCILMAN METIVIER-Right MR. HUNTZ- That's what most companies say, so no, we're not planning on doing anything this year COUNCILMAN METIVIER- So, I mean, we have some time, we can rally the troops, get some thoughts together MR. HUNTZ- Yes, I would be very interested in doing that if we could get some resources to try this floating and skimming of the milfoil COUNCILMAN METIVIER- Yeah, it's a great idea MR. HUNTZ- Because I think that would move it ahead much faster COUNCILMAN METIVIER- Yeah, I'm in MR. HUNTZ- Good suggestion SUPERVISOR MONTESI- Anyone else from the public to speak on Sunnyside JOYCE FLOWER- I have a question SUPERVISOR MONTESI- Okay JOYCE FLOWER- So, chemicals are right out of the question for Sunnyside? SUPERVISOR MONTESI-No, not necessarily I guess MS. FLOWER- I missed the meeting totally. I'm sorry, Joyce Flower. I'm sorry, Bob, I've just running back and forth to Massachusetts. So, chemicals is right out of the question? MR. HUNTZ-No, for this year it is, but for the future we don't know MS. FLOWER- I mean, I've been on the Lake I think its way past hand harvesting, I'm sorry. My little canoe, my little kayak is not making it through that. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 306 MR. HUNTZ- Yeah, it is a problem in some places, I agree. If someone fell out of a boat where the milfoil is rampant MS. FLOWER- Forget it they'd drowned MR. HUNTZ- They probably couldn't swim, they'd probably drown in milfoil because it is so thick in those few areas. MS. FLOWER- So, you think hand harvesting is going to do it next year? MR. HUNTZ- At this point, I think so. I mean that's our plan to do that MS. FLOWER- Okay, I mean, you heard what Glen Lake said MR. HUNTZ- Yes COUNCILMAN STROUGH- Well, you know, Lake George has had very good luck with hand harvesting as well as other lakes COUNCILMAN METIVIER- And they float it COUNCILMAN STROUGH- But, Bob did not say he was not going to look into any chemical use. As a matter of fact, he said that he's talking to the Glen Lake people about what they use MS. FLOWER- Okay COUNCILMAN STROUGH- So, you know, all doors are open MS. FLOWER- Okay COUNCILMAN STROUGH- But hand harvesting has been very successful elsewhere MS. FLOWER- Okay COUNCILMAN STROUGH- Okay MS. FLOWER- All right, gotcha COUNCILMAN METIVIER-Bob, Harris Bay Boat Company has a dredger that they will rent out. Have you ever looked into that, would that work? MR. HUNTZ- A dredger? COUNCILMAN METIVIER- Yeah, it's a dredging device, and they use it, what they do because they get a lot of silt and stuff in their areas, they get these massive bags and this machine will dredge the area and it flows into these bags, and then somebody comes and they take the bags away after they drain the water out of it. I wonder MR. HUNTZ- I don't know anything about that, I've never heard of it COUNCILMAN METIVIER- If you go on the Harris Bay Yacht Club website they say dredger for rent. So, you might want to check with them and just ask if that's a possibility. I don't know, I mean, I know they use that for silt to keep the, you know the silt that flows into there, out. But, if it's pulling silt why wouldn't it pull weed? MR. HUNTZ- It probably would, one of the problems with milfoil that makes is so prevalent everywhere COUNCILMAN METIVIER- Is the root MR. HUNTZ- Is the fact that any piece of a milfoil plant can produce a new plant. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 307 COUNCILMAN METIVIER-Right MR. HUNTZ- So, that's why you have to be careful when you're breaking the plant apart that you get all of it out. COUNCILMAN METIVIER- You know what I'll do, I'll run up there this week and talk to them about that and see what that machine does; and I'll get in touch with you MR. HUNTZ- I know there are machines that will COUNCILMAN BREWER- We did that Tony, we did that on Glen Lake one SUPERVISOR MONTESI- Yeah, that was dredging COUNCILMAN METIVIER-Dredge COUNCILMAN STROUGH- That was different, that was peat moss COUNCILMAN METIVIER-But, I'll ask them MR. HUNTZ- There are machines that will mow COUNCILMAN METIVIER-Right COUNCILMAN STROUGH- Well, Saratoga Lake tried that and didn't have very good luck with it because of what you are saying Bob. All of the little pieces that get broken up and scattered around the Lake and you make the problem worse. MR. HUNTZ- What I've told you tonight is our plan, it doesn't mean it can't change. I has changed... it may change again as we gain more information. See what is the best solution, but that's our plan at this point and we would appreciate your support to continue that. SUPERVISOR MONTESI- Anymore public comment on Sunnyside? WESLEY BISHOP- I live on Sunnyside North and I've been in this for the long haul. I've lived there since 1978 and I've seen all of the application that have been done, the hand harvesting, everything else that's been done, and the way that the milfoil problem is at the moment I do not believe that the hand harvesting is anywhere close to being a solution, and It's an extremely expensive solution. What appears to work, and we've really never had the money to do this the way it should be done, is to do a chemical application first, to knock the milfoil down to the point where it can be hand harvested then for a lot less money, and you can keep up with it at that point. The fact that the sonar that we're using is not working as well as it did when we first started doesn't mean that there are not other chemicals, and there are several, renovate, aquathol super K, which Glen Lake has used in the past. It just seems to me that we're throwing a lot more money at the problem than a solution that's not as good COUNCILMAN STROUGH- But, this argument is a good argument, Mr. Bishop, but it's the one that you need to have with your other Sunnyside people and work out a strategy MR. BISHOP- Absolutely, but I just think that raising the taxes that much more is not the way to approach it and unfortunately I was not able to go to the meetings COUNCILMAN STROUGH- Well, I would make an effort in the future to go to the meetings and share your thoughts MR. BISHOP- Yep, and I have been in the past, but this year for whatever reason COUNCILMAN STROUGH- And Glen Lake whatever their doing I've never seen Glen Lake look better REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 308 MR. BISHOP-Oh yeah, it works, it has worked in Sunnyside too but we've never been able to follow up with the hand harvesting the way that we should have. COUNCILMAN STROUGH- Yeah, that might be the case, but this is the strategy argument you need to convince the other members of PAL MR. BISHOP- Yep COUNCILMAN STROUGH-Not us MR. BISHOP- Absolutely COUNCILMAN STROUGH- We're here just to set MR. BISHOP- It's just I needed to bring that up and I haven't had the opportunity and this seemed like the last chance to actually voice it COUNCILMAN STROUGH- Okay, All right MR. BISHOP- Yes, Ma'am JOAN BOVEE- 1 Lake View Drive, Queensbury. I agree with Wes whole heartedly, I've been living there for 20 years, approximately, on Sunnyside and I haven't seen where the hand harvesting has worked because we haven't done enough of it and now it's so far gone, we need more than hand harvesting. I've talked to Dean about the Aquathol, he says works great. I think we should use chemicals to knock it down like Wes said, and no, I didn't attend the meeting either COUNCILMAN STROUGH- Well, than you should MS. BOVEE-Well, I know that COUNCILMAN STROUGH- Because the majority rules, and if the majority of you wants to go with Aquathol or some other substance that you think might be more effective than sonar than that's the way you should go. MS. BOVEE-Right, and I don't think our taxes should go up $95 more. I mean, I just don't have it. SUPERVISOR MONTESI- Again, that it isn't something the Town Board does. We just set the thing up and then, you guys, the neighbors run that and set that rate. It's not something that we set. MS. BOVEE- And I have spoken at meetings before but my voice is not heard most of the time. SUPERVISOR MONTESI- And now you are on television MS. BOVEE- They don't see that raising our taxes... not everybody pays the same as I do. I just don't think that's going to help. I don't think the hand harvesting is going to get done with the money we have for the next three years. I think, I just want to give my opinion because it's the way I feel SUPERVISOR MONTESI- Okay COUNCILMAN STROUGH- Okay COUNCILMAN BREWER- You're entitled to it. SUPERVISOR MONTESI- Thank you MS. BOVEE-thank you REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 309 COUNCILMAN BREWER- Thank you MS. BOVEE- All right SUPERVISOR MONTESI- All right DAVE MEYERS- 7 Lake View Drive. I know that you've heard, maybe there hasn't been great communication for Sunnyside, especially with the people with Glen Lake and their recent experience and the fact that they just, the people with the sonar just took samples to see why it's not working. Is it possible to table the raising of the taxes for next year until we take a look at this new information and maybe present it at the next meeting or a time after we've had a chance to discuss what some of this new information might relate for options for us for next year? COUNCILMAN STROUGH- Well, there's certainly a chance but I don't think it's likely because what we have here before us is the consensus of the meetings of the people of Lake Sunnyside have had. Whether you have been part of that or not, I don't know. Dave what we have before us is the consensus of the request to the majority of people around Lake Sunnyside. Now, next year we do the same thing, every year. So, if this turns out to be excessive money and you want to reduce it that's fine too. But, right now the plan is, as you've heard SUPERVISOR MONESI- Bob MR. HUNTZ- First, I'd like to say I wish people who spoke came to the meetings that they were invited to. We sent mailings out inviting them to the meetings and with the list of the items that were going to be discussed at the meeting including the tax rate, which was certainly on there. Maybe to set their minds at ease a little bit as I said earlier what we're proposing is not set in stone. In fact, I have been in touch with company that Glen Lake uses for their chemical treatments, and I'm going to have a meeting with him shortly when he's in this area in a couple of weeks, and we will be looking at the kinds of things that Glen Lake is doing, and we'll discuss it among our Association again as to what we are going to do. As I gave you our plan, it's our plan as of now and to set minds at ease about the tax rate, the proposal from the hand harvesting company is that very expensive first year but then the cost of hand harvesting drops dramatically year after year; to the point where I think if it goes as planned that in another three or four years our tax rate would be less than it was this year to do the hand harvesting and maintain what we have. The maintenance is not that expensive, it's the initial thing to get all that milfoil out of the Lake initially. COUNCILMAN BREWER- You have to get it under control MR. HUNTZ- You've got to get it under control and maintenance is as most things are. Thank you SUPERVISOR MONTESI- All right, if there are no other comments we'll close the public hearing COUNCILMAN STROUGH- There is ERIC SAGE- I'm on the Advisory Board for Lake Sunnyside myself. I've been deeply involved in the process of trying to determine what's the best course of action in how to handle the milfoil. Actually I've done a lot of research for the past five years, I have well over 100 hours just scuba diving underwater, hand harvesting the plants, talking to AIM and other companies that do the hand harvesting. There are several different options available to us like what Glen Lake is doing. Take for example, if we don't do anything the Lake basically ends up like this (presented photos to the Board Members). This is what happened to the Lake four years after we used chemicals; the Lake within 150 feet to 250 feet of the shore was totally unusable. I mean you couldn't swim in it or anything just the other lady said. If you are kayaking out there and your kayak tips over it's a hazard, you could drown. But we do have the tax district and so that REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 310 enables us to fairly distribute the costs to be able to manage the Lake. So then the question becomes what's the best solution, do we just treat the Lake every three years with chemicals or do we additionally do hand harvesting? From the studies that I have conducted what the results suggest is that after about two years the Lake gets to where there's large portions of the Lake which is unusable because the milfoil has been able to rebound so successfully. Now as Mr. Huntz was explaining we don't know if it's specifically related to the chemicals that they used last time or if it's because there is a resilience of the plant. The advantages of hand harvesting is that we're able to make progress that can in the long run reduce the cost, so I did an experiment. We applied the chemicals to the Lake and I took about a 20,000 square foot area where I had removed the milfoil from that area. The following year I did an additional 40...actually I'm sorry, they used chemicals in the Lake again, the following year after that I was able to add an additional 40,000 square foot area where I was able to remove the milfoil. The biggest observation that I found was that the original area where I had actually removed the milfoil there was just occasional sporadic plants. It only took 10% of my time to manage it because I had removed the milfoil, whereas 90% of my time was spent just trying to gain new ground. So, the benefit of hand harvesting it takes several years to do, there's a methodical process to it, we can't just go out there one time throw money at it and expect to solve the problem. So, in the Board, and we've actually thought this through, and this is why we came up with this idea of if we can increase the taxes to a reasonable amount we can actually gain some grounds in controlling this plant in the long run and save money. So there are some distinct advantages to increasing the taxes. So, pretty much that's what I have. Is there any questions? COUNCILMAN STROUGH-No, but thank you for all your work. MR. SAGE- Your welcome sir. One last thing, Mr. Metivier, yes, one the thing I've noticed about hand harvesting, the ideal way of doing it is you have divers under water, they pull the plants up and they let it go, rather than going through bagging and all that. And what we've found is it takes about three people above the water for each diver to collect plants and put them in the boats. So, yes if you can please find people that would be most beneficial, that will seriously cut down the cost. That's all SUPERVISOR MONTESI- Thank you MR. SAGE- Thank you SUPERVISOR MONTESI- Anyone else? Okay we'll close the public hearing. RESOLUTION ADOPTING LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.: 342, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2014 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 311 WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, August 19t1i 2013 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2014, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 19th day of August, 2013 by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None PUBLIC HEARING- PACHECO ROSS ARCHITECTS, P.C. FOR PROVISIONOF FEASIBILITY STUDY BY SOUTH QUEENSBURY FIRE CO. INC AND CORRESPONDING AMENDMENT TO BUDGET AND FIRE SERVICES AGREEMENT NOTICE SHOWN PUBLICATION DATE: AUGUST 9, 2013 SUPERVISOR MONTESI- All right, John Strough and I spent some time with the South Glens Falls Fire Company REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 312 ERIC LETTUS- South Queensbury SUPERVISOR MONTESI- South Queensbury, I'm sorry, South Queensbury Fire Company, South Glens Falls yeah, well we were down there too. We toured their building, we talked about some of their needs and concerns are and will be. We agreed to provide them the $5,000 necessary to have this feasibility study done on what they have, what they can potentially can build or have. That's the direction we're going at this point. Open to the public COUNCILMAN STROUGH- Maybe South Q would like to speak to it first and kind of explain things. Eric or Ron, or Eric and Ron, because I'm sure the community's got questions so maybe you want to outline where we are with the building. It does have problems RON DUFOUR, CHIEF, SOUTH QUEENSBURY FIRE- We invited you guys down to check out the building. We are running storage issues; we're running into high maintenance costs as far as roof issues with the rubber roof. When we had the outfit come up we actually did find some conclusions on the roof, we are in the flight pattern of the airport and they are telling us that the fuels that are being excess dumped when they do take off is sitting on our roof and deteriorating our rubber. So, they do have ways around this as far as putting the pea stone on and that would absorb and evaporate before it would actually get to the rubber roof, beknownst to us. Other issues are storage, like I said, we do keep our spare gear in the basement at this time. I know Mr. Montesi and Mrs. Strough came down to check it out, they can probably tell you just as much as we can that it's not really the proper place to be storing thousands of dollars' worth of gear. So we're hoping this study that their doing will come up and we can use the building we have as far as restoring it. The issues we had with that was we're running out of room as far as office space. As people know, the times are getting more difficult in the fire service because we are doing more and more paperwork ... so we're running into issues with our space. We did look at having a contractor come in to renovate the office space and they were giving us quotes of like forty grand. The problem is the building that the office space is in right now was built in the fifties and to renovate it everything's got to come up to code and that's where the expense is coming. So we want to get this outfit to come in and to just do an overview of our whole building. The first building was built in the fifties, they put an addition on in the seventies and then we built the bigger portion of the bigger bays and the kitchen area, and meeting room was built in 1990. So hoping this outfit can come in and point us in the right direction, say you know, the building in fifties can we work with it, can't we work with it, is it feasible to put money into it to bring everything up to code or is it more feasible just to tear it down and start again COUNCILMAN BREWER- Don't say that COUNCILMAN STROUGH- Well, this study will identify, you mentioned some of the problems, it will identify the problems, it will identify the quick solutions, what needs to be done, what should be done first, about the approximate cost of it and then maybe some long-term solutions to some of the problems of what might be down the road. So SUPERVISOR MONTESI-Okay COUNCILMAN BREWER- (bad audio- unable to pick up what was said) SUPERVISOR MONESI- Mr. Winters you have a comment? GEORGE WINTERS- I believe $5,000 is a waste of money. These people know what they want or what they need. They are going to have somebody else come in there,just like if there is something wrong with my house, I know what I need in my house. It's a firehouse, they know what they need, don't waste our $5,000 on it. COUNCILMAN STROUGH- Well, see it's not just saying what they need. They know what they need, we all know that, what the engineering study will do is how they can remedy some of these problems and the approximate cost of the remedying this. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 313 COUNCILMAN BREWER- Solutions George, we are looking for solutions COUNCILMAN STROUGH- Yeah MR. WINTERS- We are going to spend $5,000 for it COUNCILMAN STROUGH- For solutions MR. WINTERS- I can't believe it, thank you SUPERVISOR MONTESI- Any other comments? MR. DUFOUR- I want to reiterate on that, this outfit that we're looking into is their profession is in the emergency service buildings. They do fire and ems buildings, they have done over 200 buildings. At this time, they have done over 80 of these assessments to go into buildings that already pre-exist to try to manage what's viable with the building. I mean, we can come up here tonight and say we need a three million dollar building and we don't want to do that. COUNCILMAN BREWER- ... back home (microphone cutting in and out) MR. DUFOUR- Yeah, exactly. We want these guys to tell us what's the best options for us and I think $5,000 for having this outfit come in and they go through the building, I mean the nook and the crannies. I mean, they spend, they got two or three guys come up for over a week and they go through the building up and down, go over the roof, go over ventilation, go over COUNCILMAN BREWER- They don't just look at the building and try to save space, they structurally look at everything ERIC LETTUS- To see what we can use again MR. DUFOUR- Right, yes, to see what's usable. I mean, after this step is done then they come in and they say, all right how many members you have, what do you do in this room, you know COUNCILMAN BREWER- This is part of the step MR. DUFOUR- Right, no, no this is just to tell us what is viable on our building MR. LETTUS- What's good and what's not good MR. DUFOUR- What's good and what's not good COUNCILMAN BREWER- So they don't give you any kind of a solution for anything MR. LETTUS- That's additional after we meet with the Town Board and the company again and go over all of this and then we COUNCILMAN BREWER- ... Get all of the answers and hold out for more money to get the answers from them MR. DUFOUR-No, no, no, no it's not the answers, it's not the answers, they are going to come up and tell us what's viable on our building. Yes, exactly, they're going to come up and say, all right this old section over here to renovate this is not worth putting the money into COUNCILMAN BREWER- Can't we have our Building Inspector tell you that. I don't know, I mean structurally ... I mean if they're not going to give us any kind of solution. I thought that's what they were going to do is give us some kind of an idea as to what we can do MR. LETTUS- Well, yeah, that $5,000 will say, yes we can take your building and make it feasible for you guys. We need a clean room for the gear, we need a decontamination room. Our building does not meet NFPA standards REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 314 SUPERVISOR MONTESI- I mean, the old, the original building would be the basement cellar MR. LETTUS- Was built in 1942 SUPERVISOR MONTESI-May not be feasible to renovate, it may not be, besides we're sitting on somebody's property MR. LETTUS- And that's the whole other issue MR. DUFOUR- And this study is going to tell us that. It's going to tell us if it's feasible to use that building or not. SUPERVISOR MONTESI- And so if it isn't, than we are looking at a design that doesn't include that part. I mean, there's going to be some alternatives for you and the Board to think about MR. DUFOUR- Right MR. LETTUS- I just want to throw a couple more things out, when I took over as chief in 2005 we budgeted $10,000 a year to do maintenance in our firehouse. We're running out of$10,000 a year in a commercial building doesn't really get you far. Two years ago we put $40,000 into our kitchen when our roof leaked and all the water got down behind our block and ruined all of our sheet rock. We did that out of our pockets, we scraped, we did whatever we could to make that happen because we had mold and the insurance would not cover that because that's an act of god. We need new windows in one section, it just blows through, a new front down. We put seals year after year after year in the front door SUPERVISOR MONTESI You had the drainage in the back that cracked the wall MR. LETTUS- The drainage in the back, our footings in our kitchen and in our bathroom are all pushing up through the floor. We've put money into that COUNCILMAN BREWER- (problem with microphone- unable to pick up what was said) MR. LETTUS- The steel structure might be. The most expensive part of a firehouse is the apparatus bays. He's thinking our apparatus bays are savable to convert. But, at this point, there's seven different additions have been put on our firehouse since 19, we incorporated 1947 the one section that was there that was donated to the fire service when they purchased the land, the guy gave them in 49. I think it was built in 1947 so there's been seven different additions. Every one of them additions leak. We have had Monahan's in there to put roof, fix roof, repair roof, but he's at the point where the rubber is deteriorating, there's nothing more to do but put a whole new roof on the whole firehouse. We have water that runs in our basement when it rains. I can show everybody a video of that last storm we had COUNCILMAN BREWER- I don't have a problem .... (unable to make out parts of what was said) I misunderstood, I thought they were going to come in and assess it and say here's what you can do to save some room MR. LETTUS- Right, there's steps, there's steps to go through and the first step is this to know what direction to go next COUNCILMAN BREWER- Assess the building to see if it's structurally any good, the electricity, the plumbing, etc. Then we'll go to step two and that will tell you what? MR. LETTUS- Step two MR. DUFOUR- Step two will bring us through the whole process of REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 315 MR. LETTUS- Starting getting drawings, if that's the root, we are going to go to the Town Board. You guys might come back and say absolutely not, then we're only out, the initial project will cost around thirty grand, but the first stage right now is $5,000 to see what is valuable in our building to reuse to exist where we stand. MR. DUFOUR- The whole thirty grand will be the whole step of going from where we're at now to MR. LETTUS- Building a new station MR. DUFOUR- Building a new station. That will be floor plans, a 3-D visual, the whole vine- yards COUNCILMAN BREWER- Have we ever done this before with any other companies? COUNCILMAN METIVIER-No, we just build them new buildings COUNCILMAN BREWER-No, I'm serious MR. LETTUS- Well, you've had to COUNCILMAN BREWER- I don't want to spend $30,000 to have somebody tell me that we've got to build a new building MR. DUFOUR- ... (unable to make out what was said with everyone talking at once) Yes, yes, the $5,000 is just the study of our building, what the structure we have right now, is to have those guys go through every nook and cranny MR. LETTUS- Unless we bull doze it down and start all over, that's what we're not trying to do. We're trying to COUNCILMAN BREWER- Well, sometimes it cost more MR. LETTUS- That's what we're trying to see COUNCILMAN STROUGH- We're trying to salvage this building COUNCILMAN BREWER- I understand that but essentially what they're saying is they're starting the study so that they can end up with a new building. That's pretty much what they're saying COUNCILMAN STROUGH- Well, that not's the way we read it. What we said, we liked the building, the building may need renovating MR. LETTUS- But is it feasible to turn around and put $900,000 in this building to renovate it to get it where it needs to be COUNCILMAN BREWER- Or spend 1.2 million to build it MR. LETTUS- When this whole ball started we actually approach us to buy our firehouse, and we come talked to John and Ron and told them and their like, no there's no other place for you guys to go, we'd like you guys to stay here. COUNCILMAN STROUGH- Right MR. LETTUS- It was an actual guy who was interested in buying our whole facility COUNCILMAN BREWER- I didn't know that Eric, sorry SUPERVISOR MONTESI- Okay, there's another comment. Keep talking guys REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 316 JOHN SALVADOR- I'd like assurance that this firm that's going to do this study does not qualify to do the detail work. Their doing a study and making recommendations to what has to be done in detail, they should not qualify to do that work. There should be another bidders list. That's one. Two, it's my understanding that the airport, which is in South Glens Falls Service area COUNCILMAN METIVIER- Queensbury MR. SALVADOR- Does not pay a fire tax COUNCILMAN BREWER- I don't think they are exempt MR. SALVADOR- Right? COUNCILMAN BREWER- (not audible)... I can't say for certain 100% John MR. SALVADOR- John, Mr. Strough can you say for certain COUNCILMAN STROUGH- They are exempt from taxes in general, but I don't know about the district tax, John MR. SALVADOR- Warren County Airport gets a fire service, and if they get a service they are supposed to pay a tax COUNCILMAN STROUGH- I'm not saying they do or they don't, I'm saying they are exempt from the general tax category, but I didn't know about district tax MR. SALVADOR- I'm talking about district tax COUNCILMAN STROUGH- I don't know MR. SALVADOR- It was my understanding years ago SUPERVISOR MONTESI-What's the point MR. SALVADOR- That they do not pay a fire tax SUPERVISOR MONTESI-Let's say they don't so? MR. SALVADOR- Well, there's a source of revenue that would help pay for this facility, a good source and we're talking about expanding it. What more fire service might be required on an expanded airport that this Town would have to take care of? Incidentally, the Airport is not the only County facility that does not pay a fire tax, the Community College, the County Center itself, the Nursing Homes. They don't pay a fire tax, they get a service and that's not right, but that's another issue. Thank you SUPERVISOR MONTESI- Any other public comment? Doug DOUG IRISH- I kind of like where John was going with earlier with the fire tax, being able to offset some of that as well as excluding the company that their looking at to come in there and give them and idea of what they need to replace. I would even take it a step further and say that they couldn't have any affiliation with anybody on the affiliation with anybody on the bidders list. I think at least that makes it more palpable for people that are going to be footing the bill for this thing in the long run. I haven't been in the South Queensbury building in probably 15 years but back then it needed a lot of help, when I was on the Town Board. I know they've struggled down there with that building, equipment, some other things, and I think it's probably one of the few fire companies that we have in the Town that doesn't at least have a newer building. I'm not saying that every fire department needs new buildings, but I also think that we could probably look at some more cost effective ways to provide what they need down there. Their doing a lot of different stuff with commercial buildings for pre-engineered butler buildings, things like that that REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 317 don't cost anywhere near a million dollars and could probably provide them what they need for storage and equipment and even an apparatus bay COUNCILMAN BREWER- I think we are a long ways from that Doug MR. IRISH- I agree, but I think to your point, I think there are some things that need to be done first; and I do agree with John Salvador, anybody that does the pre-work for the fire department probably should not be involved with any of the design work after that so SUPERVISOR MONTESI- Anyone else COUNCILMAN STROUGH-Now, do you think we are at the point where we need to get a clarification from this company exactly what they are going to be doing or? SUPERVISOR MONTESI- Yeah, sure COUNCILMAN STROUGH- How does the Board feel? COUNCILMAN CLEMENTS- I was under the impression that we were going to get a report that said this is what they need to do. I didn't know this was going to go on further COUNCILMAN STROUGH- Lets keep the public hearing open and lets not vote on this. Let's get a clarification from this Company exactly what they're going to do COUNCILMAN METIVIER- That's a perfect idea COUNCILMAN BREWER- Do they have a representative that can come in and talk to us, Eric? COUNCILMAN METIVIER- That's perfect. Can we do a workshop on that? SUPERVISOR MONTESI- Okay, We're going to keep the public hearing open and in the meantime we are going to have one of the representatives come from this Company and Talk to us and probably the comments that John Salvador made about not being able to bid on the rest of it, this Company may not be able to do that. I think you are design and build, wasn't that the concept behind this Company? So, we may have to talk to them about that too. I mean, not that that's unusual because design and build is what they've done in Queensbury Central MR. SALVADOR- That's fine, that should not be a sole source contract. They should go with competitive bidding SUPERVISOR MONTESI- All right, we're going to keep it open, that's the decision of the Board and we will meet probably in two weeks ROSE MELLON- DEPUTY TOWN CLERK II- September 9u'q SUPERVISOR MONTESI- September 9th 3.0 PRESENTATIONS BRIAN BEAROR,YMCA: • Thanked the Board for the opportunity to speak tonight. • Shared information about the YMCA that people don't readily know. People think of the YMCA as a gym and a swim. Explained that the YMCA is a lot more than that. Their service area is all of Warren County, Northern Washington County, and Northern Saratoga County. They service most of their participant at the 600 Glen Street location. They also have nine after school care sites throughout the community. That program REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 318 offers a place for children to go after they are released from school. They stay right in their safe school. The YMCA staff goes to that location provides care after the school day is over with for working families. • The YMCA is a 5010 Non-Profit, what gives them that status is that no one is turned away for their inability to pay. The YMCA gives away over $300,000 a year in scholarships, they raise about $150,000. They have about 2,000 people that are served through the scholarship program. • Currently, there are 8,100 members, those are just members, not program participants. They serve over 20,000 a year through YMCA programs, 3,500 members are residents of Queensbury. • Most of their subsidy are through the YMCA childcare program. The kids are part of a cycle with the YMCA, they are with them for about 52 weeks out of the year, they are in the after school care program during the school year and they transition into their vacation fun clubs, when the schools are not in session, and then they go to the summer session at the 600 Glen Street location. • At the nine after school care sites they serve 170+ children in a given week, 40 are at the Queensbury Elementary School. Forty one percent of the participants in the program are on some sort of assistance. Our highest location for assistance is the Queensbury location at 55%. • Their summer day camp has 200+ kids, over 50% of those kids that are there are on assistance of some sort. • They have a large youth sports and aquatics program. • Great programs for senior citizens. • Shared their exciting new program entitled, "The No More Learning Gap". Explained that during the summer time there is a learning gap with some students, generally students who come from lower income households. The YMCA provides programs during the summer so they don't lose, but actually gain. They are working in collaboration with the City of Glens Falls and SUNY Plattsburgh on this pilot program. Half of the day is spent on instruction at the Kensington Elementary School and then in the afternoon the children are walked to the YMCA for enrichment programs. The benefits of this program are already being seen. Currently, this program has 20 students, all who have been referred by their guidance counselors and administration of schools. There is a waiting list, but they are looking to expand this. Explained that any help from the Town with this program would not only benefit the children and the school districts but also aide the County when it comes to assistance long-term. TERI ROSS, ASSESSOR- Thanked the Town Board for allowing her to speak tonight on the Revaluation Project and the Star Re-Registration REVALUATION PROJECT: • Revaluation Project was started on June 1St and it's a two year project. They are in the process of taking pictures of every single property in the Town of Queensbury, at the same time they are confirming the exterior conditions of the homes. • Today they mailed 10,208 letters and property description reports to all residential property owners in the Town. This report lists what the Assessor's Officer has on file for each your home, such as number of bedrooms, square footage, the number of bathrooms, the type of heat. What they are asking of homeowners is that they look at those reports and make sure the information is correct, if not make the corrections and return it their office. Please call 761-8243 with any questions. Stressed how vital it is that the information they have is correct. This is the basis for the homes being valued for our 2015 project. • There will be a public meeting this Thursday, August 22, 2013 at 7:00pm. They will be going over the valuation methods that will be used for the revaluation project. They will be going over the cost program and a comparable sale program. There will be instructions on how to read the comparable sales sheet. Encouraged everyone to attend. If you cannot attend this meeting but would like to set up a meeting please feel free to call the Assessor's Office to set up a time. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 319 STAR RE-REGISTRATION: • This year the State has decided to try to gather and put together a database of all the property owners that are receiving the basic star exemption. This does not have anything to do with our senior citizens with enhanced star, they do not have to do anything. Starting September 3rd property owners are scheduled to receive letters from the Department of Taxation Finance. There are over 5,500 basic star exemptions in the Town of Queensbury. What this letter is going to tell you to do is to go on-line or call them by phone. They will ask a few questions like the social security numbers of all the owners of the property, you will need to confirm that you make less than $500,000 a year, and to confirm your primary residence. • For those who do not know this, you can only receive star once in New York State and it's on your primary residence. You can own as many homes as you want but the one you declare as your primary residence is the only one that you can receive star on. Explained that there have been a lot of people who are fraudulently receiving star exemptions on more than one home. The State is trying to put this database together in order to catch them. There will be penalties such as fines or even loss of the star exemption for up to six years for those found to be doing this. • Explained that you cannot do anything until you actually receive your letter. You have to register with the State by December 31St, 2013. If you don't you won't have a star exemption on next September's school bill. It is very important that once you receive that letter follow the instructions to register with them this one time. Please note: if you are a new homeowner you have to report to your Assessor's Office to get the exemption. Explained that this letter applies only to those who are already receiving the basic star exemption. If you have questions about the registration please call the Department of Taxation and Finance at 518-457-2036. 4.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR MODIFICATION OF JUNKYARD LICENSE FOR JERRY BROWN AND SBLB PROPERTIES II, LLC RESOLUTION NO.: 343, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Queensbury Town Code Chapter 102 entitled, "Junkyards," the Queensbury Town Board previously approved a Junkyard License to Jerry Brown for Jerry Brown's Auto Parts located on Lower Warren Street in the Town of Queensbury known as Tax Map Parcel No.: 303.19-1-49 (Junkyard) and each year an inspection has occurred at such facility and a renewal of the Junkyard License has been issued, including on June 22, 2012, and WHEREAS, by application and letter to the Town Supervisor dated July 31St, 2013, Jerry Brown and SBLB Properties II, LLC (Applicants) have advised the Town that over the last few REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 320 years, SBLB Properties LLC, an entity owned by Steven Brown and Larry Brown, has acquired several parcels immediately surrounding the parcel on which the Junkyard operates, known as Tax Map Parcel No.'s: 303.19-1-48, 50, 51 and 58, and the Applicants have applied for a modification to the existing Junkyard license in order to construct a building on one of these vacant parcels and expand the Junkyard to include such parcels, and WHEREAS, the Applicants received all necessary approvals regarding this proposal from the Town's Zoning Board of Appeals on July 25th, 2012 and from the Town's Planning Board on August 21, 2012, and WHEREAS, before the Town Board may approve the requested modification to the Junkyard License, it must first conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 911i 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning the proposed modification of Junkyard License for Jerry Brown and SBLB Properties II, LLC, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing a notice of public hearing in the Town's official newspaper and posting the notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send a copy of the notice to all property owners located within 500' of the subject area. Duly adopted this 19th day of August, 2013, by the following vote: REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 321 AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF KOLBI SEELEY AS TEMPORARY, SEASONAL LABORER IN HIGHWAY DEPARTMENT RESOLUTION NO.: 344, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire a temporary, seasonal Laborer to work for the Town's Highway Department, WHEREAS, funds for such position have been budgeted for in the Town Budget, and WHEREAS, the Highway Superintendent has advised the Town Board that such temporary, seasonal Laborer is Kolbi Seeley, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kolbi Seeley to work as a temporary, seasonal Laborer for the Town Highway Department commencing on or about August 26th, 2013 and concluding on or about November 22"a 2013, subject to the Town successfully completing a pre-employment physical and background check as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screenings, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 322 RESOLVED, that such temporary, seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 53,2013 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD LAKE GEORGE ASIAN CLAM ERADICATION PROGRAM RESOLUTION NO.: 345, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in the Town Budget for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 323 WHEREAS, the Town recognizes the serious threat that invasive Asian clams could cause to the ecology and water quality of Lake George and the economy of our region, and WHEREAS, the Lake George Park Commission, Lake George Association and other partners are undertaking a $600,000 control effort in the Fall of 2013 to continue to reduce and ultimately eliminate the threat that this invasive species poses to Lake George, and WHEREAS, the Towns of Queensbury, Lake George and Bolton and the Village of Lake George are working to raise a total of$50,000 towards this important control effort ($12,500 each), and WHEREAS, the preservation of Lake George will continue to help to attract a significant number of people to the Town of Queensbury and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area and therefore the Town Board wishes to authorize the expenditure of$12,500 toward such control efforts with such funds to be from Warren County occupancy tax revenues received by the Town, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports the effort to control invasive Asian clams in Lake George and therefore approves and authorizes the expenditure of $12,500 to further the Lake George Asian clam eradication program, such funds to be transferred to the Village of Lake George who is managing the funding for this effort, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 324 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION AUTHORIZING EXEMPTION OF RECREATIONAL TRAIL PARCEL FROM TOWN TAXES RESOLUTION NO.: 346,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the City of Glens Falls (City) has agreed to allow the Town of Queensbury (Town) to extend a trail for passive public recreational uses on and through a certain parcel, identified as Tax Map #315.-1-9.2, owned by the City and located within the Town of Queensbury (the City Parcel), and WHEREAS, extending the recreational trail through the City Parcel will enhance access for Town residents to Hudson Pointe Park and allow the trail system to be extended in the future and thereby provide recreational benefits to Town residents and the general public, and WHEREAS, the Town Board has authority under Real Property Tax Law §406 to grant exemptions from Town taxes, excluding Special District taxes, for parcels in the Town but owned by other municipalities when such parcels are used for public recreational purposes, and WHEREAS, the City Parcel is vacant and undeveloped and is intended to remain so after the recreational trail is extended through it, REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 325 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby exempts the City Parcel (Tax Map #315.-1-9.2) from Town taxes, excluding Special District taxes, as long as the parcel remains owned by the City and remains vacant, undeveloped and unused except for and subject to the License to the Town permitting the public recreational trail to be established and maintained on it by the Town and used by the general public, and BE IT FURTHER, RESOLVED, that the Town hereby agrees to pay all Special District taxes imposed on the City Parcel or reimburse the City for such taxes during such period, and BE IT FURTHER, RESOLVED, that the exemption granted by this Resolution, and the Town's agreement to pay Special District taxes on the City Parcel, shall expire immediately and automatically, without need of further action by this Board, if the Assessor determines at any time in the future that the City Parcel has been improved for, or is being used for, any purpose other than the public recreational trail to be established by the Town or its current watershed use with no development, or the License is terminated, or the City Parcel is sold, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute any required documents and take any additional steps necessary to effectuate the approved exemption and payment of Special District taxes on the City Parcel in accordance with the terms of this Resolution. Duly adopted this 19th day of August, 2013 by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 326 NOES: None ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO: 347,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Justice Court has advised the Town Board that a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) is now available to provide funding to the Town for Town Court improvements, and WHEREAS, the Town Board wishes to authorize an application for these grant funds up to the maximum grant amount available, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Justices to apply for a Capital Improvement Fund Grant, up to the maximum grant amount available, from the New York State Office of Court Administration(OCA) to be used by the Town for Town Court improvements and take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 327 RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 348, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990- 001-8020- Reimbursable 4400 Contingency 4711 Engineering 10,000 001-7110- 001-7110- 2070 Equipment 4824 Rec Programs 125 001-7110- 001-7110- 2080 Pool Equipment 4824 Rec Programs 1,200 001-7110- 001-7110- 1010 Salaries 4824 Rec Programs 6,000 Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 328 NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR PROVISION OF DESIGN AND ENGINEERING SERVICES RELATED TO THE GURNEY LANE POOL REPAIR/IMPROVEMENT PROJECT AND AUTHORIZING AN ADVERTISEMENT FOR BIDS FOR SUCH PROJECT RESOLUTION NO.: 349, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) and Recreation Commission have recommended that the Town Board authorize engagement of The Chazen Companies (Chazen) for provision of design and engineering services related to needed repairs/improvements to the Gurney Lane Pool, such repairs/improvements described as follows: 1. Demolition and removal of the stainless steel gutter system; 2. Demolition and removal of selected areas of the interior pool walls to repair and replace compromised concrete; 3. Repair of any cracks in pool floor or other areas of concern; 4. Site work to include, but not be limited to, new concrete, fencing, grading, drainage, landscaping, seeding, etc.; 5. Reinstallation of all necessary pool operations equipment (ladders, handicap lift, diving board stand, water slide, etc.); 6. Installation of new pool entry door and diving board station and board; 7. Other improvements deemed necessary to be compliant with the New York State Department of Health for public swimming facilities; and WHEREAS, Chazen has offered to provide the needed engineering services for an amount not to exceed $20,940 as delineated in Chazen's Proposal dated August 13t1i 2013 and presented at this meeting, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 329 WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 (Fund#61) for future capital projects, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund#61 for the needed engineering services, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for provision of design and engineering services related to needed repairs/improvements to the Gurney Lane Pool for an amount not to exceed $20,940 as delineated in Chazen's August 13t1i 2013 Proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a transfer of appropriations in the amount of $14,000 from Recreation Reserve Fund #61 to Appropriation #001-9950-9030-0061 Transfer to Capital Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase in Revenue in Account 157-0000-55031 Interfund Revenue in the amount of$14,000 and an increase in Appropriation 157- 7110-4403 Engineering/Architecture for$14,000, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 330 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment of up to $20,940 shall be paid to Chazen from 157-7110-4403 Engineering Architecture, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the design and engineering services needed for the Gurney Lane Recreation Area Improvement Project is an expenditure related to a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the specific capital improvements and certain items of equipment related to the Gurney Lane Pool Repair/Improvement Project as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 331 BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF A NEW 3/4 TON REGULAR CAB 4X4 PICK-UP REPLACEMENT TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 350, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town's Water Superintendent wishes to advertise for bids for the purchase of a new, 2013 or 2014 3/4 Ton Regular Cab 4x4 Pick-Up Truck to replace a 1999 truck in the Water Department as will be specified in bid specifications to be prepared by the Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid 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 REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 332 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the purchase of a new, 2013 or 2014 3/4 Ton Regular Cab 4x4 Pick-Up Truck for the Town Water Department 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. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION AUTHORIZING PITNEY BOWES DIGITAL MAILING SYSTEM EQUIPMENT MAINTENANCE AND SUBSCRIPTION CONTRACT RESOLUTION NO.: 351,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury's Town Clerk and Director of Information Services have requested Town Board approval to enter into a Digital Mailing System Equipment Maintenance and Subscription Contract with Pitney Bowes, and WHEREAS, New York State Bidding is not required as the purchase price for such Maintenance and Subscription Contract is in accordance with New York State Contract No.: 0403012-PIT pricing, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 333 WHEREAS, moneys for such proposed purchase are included in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Digital Mailing System Equipment Maintenance and Subscription Contract with Pitney Bowes in accordance with New York State Contract No.: 0403012-PIT pricing for an amount not to exceed $772 monthly for 60 months, to be paid for from the appropriate account(s) as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Purchase and/or Maintenance Agreement and any other needed documentation in form acceptable to the Town Clerk, Director of Information Services and/or Town Counsel, and the Town Supervisor, Town Clerk, Director of Information Services and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING JUDY FISH TO WORK IN DEPUTY TAX RECEIVER I POSITION ON A PART-TIME BASIS RESOLUTION NO.: 352,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 334 WHEREAS, by Resolution No.: 236,95, the Queensbury Town Board established the Deputy Tax Receiver I position as full-time and appointed Ms. Judy Fish to such full-time, overtime eligible position, and WHEREAS, the Town's Tax Receiver has annually reappointed Ms. Fish to such Deputy Tax Receiver I position, and WHEREAS, Ms. Fish has informed the Town that she intends to retire from full-time employment effective September 30, 2013 but would consider returning to the Town should the Town Board allow her to work in such Deputy Tax Receiver I position on a part-time basis, and WHEREAS, the Tax Receiver has recommended that the Town Board authorize Ms. Fish to return to the Deputy Tax Receiver I position on a part-time basis, to be paid at Ms. Fish's current pay rate of$20.70 hourly, without benefits or leave accruals, and WHEREAS, the Town Board wishes to authorize the appointment of Judy Fish effective October 1, 2013 to such Deputy Tax Receiver I position on a part-time basis contingent upon Ms. Fish's retirement from the Town consistent with the New York State Retirement System, and WHEREAS, Ms. Fish shall work such days and hours as set forth by the Receiver of Taxes, provided that such hours shall not exceed 40 hours in any work week and shall not exceed 1560 hours annually, and WHEREAS, this is an appointive position of the Receiver of Taxes and is not part of the Collective Bargaining Unit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Judy Fish as the Deputy Tax Receiver I on a part-time basis contingent and effective only upon Ms. Fish's retirement from the Town consistent with the New York State Retirement System as of October 1, 2013 with Ms. Fish to work the dates and times determined by the Receiver of Taxes provided that such hours shall not exceed 40 hours in any work week and shall not exceed 1560 hours annually, and REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 335 BE IT FURTHER, RESOLVED, that Ms. Fish shall receive the hourly rate of $20.70 for hours worked and shall not be eligible for employee benefits or leave accruals, and BE IT FURTHER, RESOLVED, that this appointment shall be in effect through December 31St, 2013, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk/Tax Receiver, Town Counsel and/or Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY UNION FREE SCHOOL DISTRICT—HOSTING OF 2013 CROSS COUNTRY EVENTS: QUEENSBURY ADIRONDACK INVITATIONAL AND NYSPHSAA STATE CHAMPIONSHIPS RESOLUTION NO.: 353,2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 336 WHEREAS, the Town of Queensbury has received a request for funding in the amount of $12,000 from the Queensbury Union Free School District which will be hosting two major Cross Country running events on the Queensbury campus: the Queensbury Adirondack Invitational on September 21St, 2013 and the NYSPHSAA State Championships on Saturday, November 9th 2013, as well as a number of more local spin-off races, and WHEREAS, such events are expected to draw thousands of participants and supporters to the Town of Queensbury and the surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Queensbury Union Free School District in the amount of$12,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Queensbury Union Free School District has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Queensbury Union Free School District in support of the School's hosting of two major Cross Country running events on the Queensbury campus: the Queensbury Adirondack Invitational on September 21St, 2013 and the NYSPHSAA State Championships on Saturday, November 9th 2013, as well as a number of more local spin-off races, and authorizes the Agreement between the Town and Queensbury Union Free School District substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 337 the sum of 12,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE: COUNCILMAN CLEMENTS: Questioned whether the first whereas states $13,000 should that be $12,000? SUPERVISOR MONTESI- It should be $12,000 yes. COUNCILMAN CLEMENTS- Okay, I also wanted to comment on this an excellent use of occupancy tax. For $12,000 this will generate over $100,000 for hotels and motels and even more for the restaurants and the other activities around. I think this is a good way to spend this money. COUNCILMAN METIVIER- I just have one question, why on the second page the paragraph that has to do with the Queensbury Little League. The middle big paragraph, what am I missing here, I don't understand why they're involved in this? Is that a typo? SUPERVISOR MONTESI- Yes, that is a typo COUNCILMAN METIVIER- All right, so just strike that? SUPERVISOR MONTESI- Yes COUNCILMAN CLEMENTS- Should be Queensbury School District? SUPERVISOR MONTESI- Yes, thank you for picking that up Tony REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 338 COUNCILMAN METIVIER-No problem, and I will vote on it yes COUNCILMAN STROUGH- So there's two changes in the resolution, one is the correction from $13,000 to $12,000 in the first paragraph and then in resolved it's the correction to Queensbury School District. I approve of the amendments and whoever seconded has to approve as well. COUNCILMAN CLEMENTS- I'll seconded it. RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF AUGUST 20TH,2013 RESOLUTION NO.: 354, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of August 15th 2013 and a payment date of August 201h, 2013, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of August 15th 2013 and a payment date of August 20th, 2013 totaling $1,071,735.90, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 339 5.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) KATHLEEN SONNABEND- Spoke regarding a message she left for the Zoning Administrator regarding her wishes for the public hearing scheduled for Wednesday night to be re-opened on the Fowler Square variance; stated that she never heard back from him. She read a letter signed by herself, David Thorne and Lara & John Currie appealing the Zoning Administrator's determination that public hearing not be re-open for the vote this Wednesday night on the area variances for Queensbury Partner's Fowler Square. A copy was submitted to Board Members and a copy is on file in the Town Clerk's Office. DOUG AUER- • Complemented the Town Board on how they handled the H. Thomas Jarrett Septic Variance. • Suggested that the Town Board look closely at the training of the Zoning and Planning Board Members. He stated that the decisions that are being made by these Boards are being done in a cavalier manner. He said he would go so far as to suggest that the Town Board ask for their resignations. BOB VALERO- Worked on the Planning Board with Councilman Strough and Councilman Metivier. Remembers that Councilman Strough was always extremely well prepared for these meetings. Attended a recent Planning Board Meeting where he didn't feel a SEQRA was done well at all. He stated that SEQRA is put in place for a reason and it should be handled properly. PLINEY TUCKER- Questioned Councilman Brewer if the Highway Superintendent has told him what roads he is going to pave in his ward? COUNCILMAN BREWER- Yes, he gave him a list. Showed Mr. Tucker a copy of the list. MR. TUCKER- Spoke regarding the Corinth Road Sewer District. SUPERVISOR MONTESI- Asked why he is opposed to something that is progress for our community? It is going to take care of the growth of our community and the ability to grow. MR. TUCKER- What happens if it doesn't pay for itself SUPERVISOR MONTESI- Then we won't do it MR. TUCKER- Recommends that they withdraw a resolution that was passed at the last meeting to finance the project COUNCILMAN STROUGH- You mean the application for the grant? MR. TUCKER- The Map, Plan& Report, because if they don't withdraw it he worries the Board will state they have already spent the money to do this. JOHN SALVADOR- • Spoke on the jurisdiction issue on Lake George. Referred to a document from the Park Commission's website talking about the rules for dock and moorings on Lake George. Nowhere on these two documents does it state that any kind of a permit from the Town/ Local Government is necessary to do a dock or boat house on Lake George. He wishes the Town Board would change the code to reflect that as other towns have done. • He is hearing a lot of criticism about the Town's review Boards with regard to the Fowler Square project. On Wednesday agenda this week for ZBA there's an administrative item to re-affirm the vote for the Fowler Square project. He is concerned that there is no provision in Town law for a zoning board to re-affirm one of its previous votes; they are inventing a process. Stated that Warren County first denied this project back in December of 2011. That denial was issued by the Warren County Planning Board, but the Warren County Planning Department has now approved the project. Explained that a planning REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 340 board is supposed to re-approve this not a staff person, but since there is no longer a planning board there is no sense of sending a project to them. Is the County obligated by law to have a planning board? Concerned about all of the issues with this project. DOUG IRISH- • Questioned resolution 4.3 entitled Resolution Authorizing Use of Occupancy Funds-Lake George Asian Clam Eradication Program. Is it legal to gift that money, and is there any impact on the Town of Queensbury for the Asian Clam Infestation? • With regards to earlier comments from constituents, stated that it is incumbent upon every board member whether your town board, planning board or zoning board, whatever board you're serving on to understand the rules and regulations are for that board that you serve. If you don't know than you don't act. • Would like to see the Town Board change privilege of the floor, a couple of minutes should be allowed to address the resolutions that are before this Board prior to them taking action. States that the reason people are not coming to these meeting other than being able to watch them on television is that they don't have an opportunity to have an impact on what is being done unless it's a public hearing. 6.0 CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- Supervisor's Report for Community Development/Building and Codes for July 2013 on file in Town Clerk's Office. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER(WARD 4)-Nothing to Report COUNCILMAN STROUGH (WARD 3)- Outlined the Animal Control monthly report. Jim Fitzgerald does a great job. COUNCILMAN CLEMENTS (WARD 2)- • Met with Monty Liu regarding his rental property at 650 Glen Street. Mr. Liu has promised to get it cleaned up and to meet with Councilman Clements on a weekly basis to assess the progress. Councilman Clements will stay in contact with the neighbors as well to make sure they are comfortable with the process. • Left message with the Town's Engineer, Dan Ryan to schedule a meeting with him regarding the storm water run-off problem with the house next to Dunkin Donuts on Glen Street. Hopes to be able to resolve this along with the storm water problem the Rivers Family is having on Phillips Street off of Dix Avenue. • Attended an informational meeting put on Dunham's Bay Water Quality Awareness Committee of the Dunham's Bay Association. Supervisor Montesi was the Master of Ceremonies for that. Barbara Simms and the other Committee Members put on a very professional presentation on detecting and solving water quality problems in Dunham's Bay. • Pleased to hear that our area is being advertised in New York City. There is an advertisement for the Balloon Festival on a poster on a subway in New York City, it is also on Iloveny.com • Spoke regarding an article in the Glens Falls Business Journal regarding solar panels being installed at the Stewarts Shops. COUNCILMAN METIVIER(WARD 1)- • Received an email from a gentleman who brought to his attention that the boat ramp on Glen Lake has a Porta-John and it is not handicap accessible. Asked him to make a call to the company to get one that is. After further thought, decided that it would be beneficial to inventory all of facilities to make sure there is at least one handicap accessible Porta- John at each park location. REGULAR TOWN BOARD MEETING 08-19-2013 MTG#33 341 • Read an article about the new owner of West Mountain. Wished Spencer Montgomery all of the luck in the world; in hopes that he can bring some life back into the Mountain. Encouraged everyone to go online to Powder Magazine to read a fantastic article about West Mountain. • Attended a meeting regarding the Dunham's Bay Septic Maintenance District on Saturday, August 10th There was one thing that Councilman Metivier would have liked to discuss but didn't have the opportunity; in a situation where someone might not have any room on their property to put a compliant septic system they could possibly coordinate with a neighbor to put one septic system in for two or three houses. This might solve some problems for some people. SUPERVISOR MONTESI- Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 355, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 19th day of August, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury