Loading...
1999-06-24 SPECIAL TOWN BOARD MEETING JUNE 24, 1999 2:00 P.M. MTG. #19 Res. 217-221 B.O.H. 32-34 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER DEPUTY SUPERVISOR RICHARD MERRILL-Opened the Meeting Requested that Resolutions be done first .. 2.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE ORDER FOR SEAL-COATING, RE-STRIPING, SWEEPING AND FILLING OF CRACKS OF TOWN OFFICE BUILDING PARKING LOT RESOLUTION NO. 217.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury previously adopted purchasing procedures which require that any purchase in an amount of $5,000 or greater up to New York State bidding limits must be approved by the Town Board, and WHEREAS, the Facilities Manager solicited proposals for seal-coating, re-striping, sweeping and filling of cracks of the Town Office Building Parking Lot and has requested Town Board authorization to engage the services of Adirondack Pavement Coatings, Inc., the lowest bidder, for the amount of $6,900, WHEREAS, the Purchasing Manager has reviewed the information received by the Facilities Manager and concurs with engaging the services of Adirondack Pavement Coating, Inc., the lowest bidder, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of the services of Adirondack Pavement Coatings, Inc., for seal-coating, re-striping, sweeping and filling of cracks of the Town Office Building Parking Lot for the amount of $6,900 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Facilities Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of June, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES: None ABSENT: Mr. Champagne RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 218.99 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 24th day of June, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Champagne QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHEL AND MONIQUE JULIEN RESOLUTION NO. 32.99 B.O.H. INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Michel and Monique Julien have applied to the Local Board of Health for three (3) variances from Chapter 136 to allow an absorption field to be located: 1. One hundred and fifty-eight feet (158') from the shore of Lake George instead of the required two-hundred foot (200') setback; 2. Seventy-four feet (74') from a side property line to a wetland instead of the required one-hundred feet (100') setback; 3. Sixty-four feet (64') from a side property line to a wetland instead of the required one-hundred feet (100') setback; on property located on the east shore of Lake George, Cleverdale, Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 19th, 1999 at 7:00 P.M. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michel and Monique Juliens' sewage disposal variance application concerning their property situated on the east shore of Lake George, Cleverdale Road, Queensbury and bearing Tax map No.: Section 10, Block 1, Lot 4.3 and at that time all interested persons will be heard, and RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. and Mrs. Ju1iens' property as required by law. Duly adopted this 24th day of June, 1999 by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner NOES: None ABSENT: Mr. Champagne RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MARK RYAN RESOLUTION NO. 33.99 B.O.H. INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by law the Town Board of the Town of Queensbury is also the Town's Local Board of Health and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, Mark Ryan has applied to the Local Board of Health for three (3) variances from Chapter 136 as follows: 1. 136-11A to allow holding tanks; 2. to place new holding tank 41' from Lake George versus the required 50' as required by Appendix A; 3. 136-11(B4) to allow holding tank to be installed below the 100 year flood plain elevation of 321.0; NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on July 19th, 1999 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider Mark Ryan's application for three (3) sewage disposal variances concerning his property situated on Rockhurst road, Queensbury and bearing Tax Map No.,: Section 16, block 1, Lot 4 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. Ryan's property as required by law. Duly adopted this 24th day of June, 1999, by the following vote: AYES: Mr. Irish, Mr. Merrill, Mr. Turner, Mr. Tucker NOES: None ABSENT: Mr. Champagne DISCUSSION HELD BEFORE VOTE: Town Counsel suggested changing the wording in item three to clarify the action.. . agreed to by Councilman Turner and Irish RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 34.99 B.O.H. INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns as the Queensbury Board of Health. Duly adopted this 24th day of June, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES: None ABSENT: Mr. Champagne REGULAR SPECIAL SESSION RESOLUTION AWARDING BIDS FOR #2 FUEL OIL FOR HEATING PURPOSES, DIESEL OIL TO BE USED AS FUEL FOR OPERATION OF HIGHWAY EQUIPMENT AND KEROSENE FOR THE TOWN LANDFILL RESOLUTION NO. 219.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Purchasing Manager for the Town of Queensbury duly advertised for bids for #2 fuel oil for heating purposes, diesel oil to be used as fuel for operation of the Town's highway equipment and kerosene for the Town Landfill in accordance with Town of Queensbury specifications, and WHEREAS, Agway Petroleum Corporation has proven to be the overall, lowest responsible bidder and therefore, the Purchasing Manager has recommended that the Town Board award the bids to Agway, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bids for the #2 fuel oil, diesel oil and kerosene to Agway Petroleum Corporation, to be paid for from the appropriate department accounts. Duly adopted this 24th day of June, 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Champagne 1.0 EXECUTIVE SESSION RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 220.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session regarding Town Counsel, Town Board Matters. Duly adopted this 24th day of June, 1999 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker NOES: None ABSENT: Mr. Champagne RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 221.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and moves back into Regular Session. Duly adopted this 24th day of June, 1999 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill NOES: None ABSENT: Mr. Champagne 3.0 DISCUSSION HELD ON STORMWATERMANAGEMENTREGULATIONS (Supervisor Champagne entered the meeting) Councilman Irish-What is the cost to administer or could you put a number on it, if we were to do it versus the Lake George Commission, what would be, what is the benefit of us doing it if it is going to cost us money to administer it if it is storm water regulations based on Lake George Commission guidelines? Mr. Tom Jarrett - Reg. Cost: for a minor project $200.00 cost to the town to administer it... Councilman Merrill-Questioned Mr. Mike White, what municipalities do you cover now? Mr. Mike White -Fort Ann, Dresdon, Putnum, Ticonderoga and Hague, Bolton has approved their own, Lake George Village has an ordinance and the Town of Lake George is working on one. Councilman Tucker-Who enforces it now in the Town of Queensbury? Director Round-Our stormwater regulations only apply to new subdivisions. Councilman Tucker-Questioned on undersized lots who looks to where the stormwater goes? Supervisor Champagne-On a minor project right now, nobody is looking... Councilman Irish-Questioned the expense to the town when the Park commission is set up for it. Director Round-That will again require someone to come to the Town for a building permit then go to Lake George for storm water permit, coordinate inspection with our office and with Mike's Office, we are already set up to do inspections so we do not see, it will be an increase in work load but we do not see a lot of major projects in the basin so we do not anticipate, we will see a lot of intensive inspection requirements. Keeping this within the Town allows us to stream line the process as much as we can stream line it. Mr. Tom Jarrett-It is always nice when the town can handle it, maybe the whole program but if there is discussion and concern about that, there has been discussion with Mike's office about having the Towns handle the minor projects and the Park Commission help at least from a technical standpoint with major projects. Mr. White-Noted that one way this would work, once the plans have been reviewed at the Town Office it would be referred to Tom for review and his report comes back to the municipal board, (Planning Board) and they use that information as they would a consulting engineer. Councilman Irish-And that cost would not be passed onto the applicant. Mr. White-That is right. Councilman Irish-Where if we had a consultant come in and do it we would pass that on. That is not a bad idea. Mr. White-Once you get into a routine you will be able to handle 99% of them. Director Round-I am confident in Craig's ability from a technical prospective to handle it, it is just a matter of work load. . . maybe it will come to a point where we are overwhelmed that we need the assistance of the Park Commission to do inspections. Councilman Merrill-I am looking at it from the perspective of the resident within the basin, I would like to go to one place and do it.. Director Round-Spoke to the Board regarding maintenance of stormwater systems, the new regulations will address this. . . through the Planning Board review will establish an escrow account for maintenance.. Mr. Jarrett-Discussed Homeowners associations and deed covenants may cover it.. . regarding bonds or escrow's, noted bonds are for a year not forever... maintenance responsibility the applicants have asked me to give an estimate and then the Planning Board would review it. . . Supervisor Champagne-Page 5, Section IE it talks about any minor project may be treated as a major project if such treatment is desirable due to specific site limitations and the last statement number 5, or an area of particular scenic, historic, and natural significance. I do not believe that there is a homeowner on Lake George that doesn't believe that his piece of property doesn't qualify under that statement so there goes everything from minor to major. Mr. Stone-That is a concern, would it be used selectively. . . Director Round-It is only when something is technically challenging or when the constraints of the site are so significant that it requires, basically it is so we can have an engineer.. . Page 12 Section 12 this allows us, if it does not require maintenance and it is part of a subdivision you are done. . . discussed maintenance security in form of bond, letter of credit, escrow account during the first two years following the approved completion of construction... Councilman Irish-Page 11 Section C number 1 last sentence of the paragraph, it looks like you are telling everyone that has a tree on their property within a lake or stream or whatever if there is something on their property that needs to be removed they are not exempt from, they have to go out and look at everything? Do I want to go out and look at every tree that is dying on my property to make sure it is not going to fall into the lake, stream, I do not think that we need to be that specific. Director Round-If we go out and we have somebody that has trees that we know fell them into the lake, he claims that they are dead trees and that he does not have to remove them because they occurred naturally we cannot do it because he made that argument so that, so in this sense that does not exempt dead or diseased trees does it mean that we are going to go out and inspect every bodies surface water body and remove trees from the lake, no, it doesn't but I know your concern are we going to start taking these kinds if we are empowered to do it then we will do it. Councilman Irish-Not concerned about the municipalities doing it as I am a third party coming in as example the Sierra Club, to come on my property without my knowledge and say you have thirty one trees that are dead and dying and going to fall and you need to take them down... Councilman Merrill-The way I read this if a dead tree falls into the lake you are still responsible for removing it from the lake.. Councilman Irish-I think you have to draw the line on what you are going to regulate I have a hard time with the town or city or state or anybody coming in and telling me that that tree died on your property you are going to take care of it. Mr. White-This originally came from a lot of people in other towns have cut down trees illegally and then claimed they were diseased and I think was intended to avoid that where, you cannot just go in and cut claiming it was diseased ... suggested that the law be amended to state only during construction phase. . . take last sentence out.. . Discussion held regarding statement: the Commission shall be deemed a party to the proceedings for all purposes with the right to initiate or intervene in action or proceeding in which the grant or denial of a variance is an issue or in any proceedings or interpretation of the municipalities plan or prograrn. Councilman Irish-I would want to know the purpose of the notification of the Park Commission is? Director Round-Basically that allows the Park Commission to assist in ... Councilman Irish-It sounds like they can come in and take control of a project.. . change initiate to assist and consu1t. Mr. White-Work up a letter agreement with the town to get copies of the variances, what we think our responsibilities is, is to monitor variance applications after approving local programs to see that they do not consistently erode the standards of the program. Offered the same deal with Queensbury. Councilman Irish-16 Section B questioned if the municipality is the lean holder on the property? What kind of a lean is it? Councilman Tucker-It would be through the taxes, it would be the municipality... Supervisor Champagne-Page 14 fees regarding legal and technical review do you need that in there? Director Round-Reviewed site plan review which has same statement... Supervisor Champagne-Noted Public hearing is opened... Meeting adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury