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2000-06-19 REGULAR TOWN BOARD MEETING JUNE 19, 2000 7:00 P.M. MTG. #28 RES. 245-262 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS WATER SUPT. RALPH VANDUSEN COMPTROLLER HENRY HESS EXECUTIVE DIRECTOR CHRIS ROUND PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STEC Supervisor Brower-Opened the Meeting 1.0HEARING ORDERING STRUCTURES ON PROPERTY OWNED BY DAVID WELLS AND LOCATED ON CORINTH ROAD, QUEENSBURY BE REPAIRED OR DEMOLISHED AND REMOVED. Supervisor Brower-Requested Dave Hatin to come forward and speak to the Town Board Director of Building and Codes Dave Hatin-What you have is a resolution before you to order David Wells to either demolish or repair two structures on his property located at Corinth Road, just East of Sherman Island Road. I have been in contact with Mr. Wells, I do not know if anyone here is representing him tonight, I do not see anybody, I have also been in contact with the West Glens Falls Fire Company who informs me that they are going to be burning the structures as a drill in the next couple of weeks. The only thing I would ask the Board is that they follow through with this resolution because that starts a time clock should he fail to either demolish the structures or have them removed after the fire department takes care of them. Councilman Brewer-You mean the fire company is going to burn these? Director Hatin-They are going to have a drill with them and then burn them and then he is responsible for cleanup the debris and the Chief said he has informed them that he wants that done right a way so this starts that time clock in case he fails to do either or at least the time clock is still clicking so it is not left hanging. Councilman Brewer-When do they anticipate burning them? Director Hatin-Two weeks is what I have been told by the Chief. Supervisor Brower-I am familiar with one of the structures that appears to be an old abandon house. Director Hatin-One is just the block walls and half of a roof which is about ready to cave in any day now. The other structure with some serious money could be rehabilitated but I guess he has chosen to have the fire department take care of that as well andjust sell the property. Supervisor Brower-So, you need a resolution from us. Director Hatin- Yes, I would ask you to approve this resolution before you to start the time table to order him to either repair or demolish the structure over the next thirty to sixty days. Councilman Martin-I just want to thank Dave, he is pretty diligent about these things it is not an easy job and he does a good job with it. RESOLUTION ORDERING STRUCTURES ON PROPERTY OWNED BY DAVID WELLS AND LOCATED ON CORINTH ROAD, QUEENSBURY BE REPAIRED OR DEMOLISHED AND REMOVED RESOLUTION NO. 245, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Director of Building and Code Enforcement previously advised the Town Board that structures located on property owned by David Wells and located on Corinth Road, Queensbury (Tax Map No.'s: 149-1-5.1 and 149-1-5.21) are unsafe and open to vagrants and minors, and WHEREAS, on June 5th, 2000 the Town Board declared the structures on the property to appear to be dangerous and unsafe to the public, and WHEREAS, on June 19th, 2000 the Town Board held a hearing concerning this property and notice of this hearing was served in accordance with the provisions of New York State Town Law ~ 130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders David Wells to begin securing or demolishing and removing the structures located on Corinth Road, Queensbury within 30 days of the date of this Resolution and complete the demolition and removal process within 60 days, or by August 19th, 2000, and BE IT FURTHER, RESOLVED, that if the structures are not secured or demolished and removed by August 19th, 2000, the Town Board hereby authorizes and directs the Director of Building and Code Enforcement to make the necessary arrangements to secure or demolish and remove the structures, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law ~ 130(16) and Queensbury Town Code Chapter 60, David Wells is responsible for the securing or demolition and removal expenses and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the demolition and removal from Mr. Wells, including legal expenses, if necessary. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 2. o CORRESPONDENCE l.Ltr. 6/14/2000 Dennis R. Brower Town Supervisor Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 Re: Baybrook Apartment Complex Walker Lane Queensbury, N.Y. Dear Dennis, This letter is to confirm our site visitation, the history and coliform test that have been done to date on the Baybridge apartment complex. At 12:00 noon on 6/13/2000 I met with you and David Hatin to tour the complex and at that time there was no evidence of any odors, drainage, algae formation or sludge noted at the site. We toured the site and discussed some of the samples taken to date. It was noted there was a clear stream running from a bank just above the apartment complex on the west side. The water due to the extremely heavy rains that we had this spring has been running off a property just above the apartment complex. There were no signs of any septic leaks, odors or other contamination that I could see at that site. I have received no complaints nor has David Hatin in regards to any neighbors concerning odors or obnoxious runoff. Dye testing has been done at the pump station for the complex and there have been no evidence of any leaks from the new septic system that was recently put in. I have reviewed coliform counts from both the Queensbury Department and JB3 Consulting. The water is positive for E Coli (coliform) but this may be easily animal verses human form. Of significance is the strep fecal coliform fecal strep ratio which is 1.3. this is significantly lower than 4 or 5 which represents human sewage contamination and therefore a septic system failure. My conclusion is that there is no obvious failure at the Baybridge apartment complex. This is a new system that has just been placed. It has been an exceptionally wet spring and the runoff from the property just west of the complex most likely is the source of some of the coliform which most likely is an animal source. There are no signs of any public nuisance or public health hazard that I can see at this point. I do feel that the heavy rains from the neighboring property contributed to the runoff but at this point I do not feel that there is a public hazard. I have discussed with David Hatin perhaps researching the source of the water above the apartment complex for further identification of problems and I would be glad to follow up with this after David Hatin's investigation if you feel it is indicated. I hope this information is helpful and I enclose copies of some of the coliform reports that I have received to date. Sincerely, Isl Robert L. Evans, D.O. Health Officer Town of Queensbury RLE:mlv Supervisor Brower-For the record, DEC had been contracted by someone and DEC basically came in apparently and deferred to the Town in this instance because they did not see any particular problem. Ijust wanted to note that for the record. 2.1tr. 6/19/2000 Dear Mrs. Darlene Dougher I am sending this letter to you for a request to have a variance for my mobile foods vending permit. I would like to continue vending from August 5th to November 30th, 2000. Would it be necessary to renew in my name and have another person do the vending in order to continue? This business is my main source of family income. I have three children. Please let me know as soon as possible. Thank you. Sincerely, Isl Ms. Panay Olsen Yiota's Ice Cream & Treats (518) 798-9445 PS. Could I also get a permit using Another D.B.A. business name and insurer Town Clerk Dougher-noted that the applicant has a license from the Town for sixteen weeks as allowed in the ordinance, this would not allow her to vend into the month of November... Councilman Brewer-Questioned how the sixteen weeks ran. Town Clerk Dougher-Sixteen weeks per calendar year. Councilman Brewer-Questioned if she could get a permanent vendors license? Town Clerk Dougher-Not without changing the local law. There is no variance procedure for this. Discussion held-Board consensus that this may be discussed at a workshop session. 3.00PENFORUM 7:14 p.m. Joanne Bramley-Twicwood Lane Dr. Evans is the Town Health Officer, what is the percentage of times that he attends when the town convenes itself as a Public Health Board? Supervisor Brower-Never unless he is requested to. I have to request that he attend and I do not request that he attend. Joanne Bramley-And why is that? Supervisor Brower-Because I do not want to spend a hundred thousand dollars a year to have a Health Officer attend our board meetings, he charges us four thousand dollars a year, I believe and we call him on emergencies of rabies, of other types of public emergencies like we notify him in a case of dead crows now for west nile virus and things of that nature. When we feel that there is an extreme public health hazard or problem we will get him involved otherwise this board convenes as the Board of Health, and has traditionally. Joanne Bromley-Questioned if the four thousand was a flat rate? Supervisor Brower-We pay a four thousand dollar fee for any and all, whether he works twenty times or two times for the Town. He does not get paid on a per diem basis or call basis. Joanne Bromley-Questioned if he is paid anyway what would be the cost of having him present? Supervisor Brower-There would be no cost but I do not request that he be here because we would have to pay a significant amount more to a physician to be here on a twice a month basis. Councilman Martin-The reason why it is only four thousand dollars now is because it is on that basis as an on call basis, but if we have him here every single time we convene as a Board of Health then that four thousand dollar cost would go up. You are thinking we could have him here and still have it at four thousand dollars, the reason why it is only four thousand dollars because it has been on an as needed basis. We start increasing that then the cost will go up. Joanne Bromley-Questioned if there was some minimum number hours associated with the four thousand dollars? Supervisor Brower-No, there is no minimum, no maximum. Joanne Bromley-Noted she had a copy of the New York State Health Dept. brochure, Duties and Powers of the Health Officers and the Board of Health a guide to local health officials, it states that Public law 3201 and 3088 provided that a competent physician currently registered to practice medicine in New York State must be appointed as both the Health Officer of the Municipality and the Chief Executive Officer of its Board of Health. I understand the difference between appointed and present but it has been my understanding that when someone is the Chief Executive Officer of a Board that they are present when that Board convenes. It would be the Boards and Public's advantage to have him here for any questions that people may want clarification for at the time as opposed to you may go into a workshop or executive session or you consulted him with this issue of the E Coli but that does not provide the public any opportunity to directly ask a person with that qualified medical background that is required to be a part of the board we do not have access to that person. Is that something that could be considered in the future? Supervisor Brower-I do not know if this Board would want to consider that or not but certainly we will take your comments into consideration and probably discuss it in a workshop session. Joanne Bromley-Presented copy of Health Dept. brochure, to the board. Mr. John Salvador-noted he had asked for the presence of the public health officer and Mr. Champagne told me he did not think it was necessary, now the way that reads I think it is a requirement. Report on Schermerhorn property, the DEC has looked at this it is under a Speedies permit they administer that program I cannot understand them deferring to the Town. Supervisor Brower-They felt that the Town had done an adequate job. Mr. Salvador-Questioned if that was in writing? Supervisor Brower-No Mr. Salvador-Suggested that the town get that in writing. Noted he has a problem with the Planning and Zoning Dept. regarding a facility that has expanded its use, they were in the business of operating a temporary residence which was regulated by New York State Health Dept. they got out of that business, converted the facility to homeowners association, and last year they reapplied for a temporary residence permit. A Homeowners Assoc. is not considered a commercial type of undertaking it is a residential type of development, a temporary residence is commercial activity. They have now a commercial activity in a residential zone it is a non conforming use that had been discontinued for something like fifteen years. I am having trouble getting Chris to do something about getting them to a site plan review or apply for a variance I just wonder what is in order and in this regard I would ask the Town Board to just advise us. I hate to take Mr. Round to the ZBA for his lack of determination, that is a right we have, but I think before we do I think he needs some guidance as to what the Town Board thinks is appropriate here. Councilman Martin-I have a big problem with a political body commenting on the ministerial action of the Zoning Administrator. I do not think it is the responsibility or the inclination of this Town Board to do that type of thing that is inherently wrong he should be left alone, if he has done something that is not right, then you have your grievance procedure to the ZBA and that is how the system works. Supervisor Brower-What property are you talking about? Mr. Salvador- Takundawide This has gone on for a better part of a year... The only thing I can do now is appeal Mr. Rounds lack of determination. Executive Director Round-As you know we get a lot of requests from John Salvador for action and I have a lot of higher priority issues and that has taken some time and I have not dedicated the time that this particular subject deserves and I would like to do it within a reasonable time but I cannot throw that time frame out to you right now. Supervisor Brower-That is a reasonable response, it is not that he is not going to address it, it is just that he is getting to it. Mr. Salvador-I will file a notice of appeal with the Zoning Board of Appeals for his lack of determination. Mr. Vollaro-Updated the Board on Sewer Issue with BayBridge.. . have completed the map, plan and report and turned it in... still a question regarding the eight thousand dollars how it is handled.. . noted he had marked up the agreement.. Town Counsel Hafner-Asked for a copy of the marked up agreement will be meeting with Mr. VanDusen next week and review it. . . after we get together we will set up a meeting. Mrs. Kathleen Salvador-Questioned how many times the Board met as the Board of Health in the last year? Discussion held.. . approximately 12-15 times a year. Mrs. Salvador-So for four thousand dollars Dr. Evans cannot be at these meetings? Noted that there had been some serious meetings, regarding holding tanks, if you are going to be giving variances from some ones water supply with the problems that we had in Washington County with the very strict Health Dept. requirements that are coming out now, I think he should be here when there is something as critical as some ones water supply and any type of variance from a distance from a holding tank. Supervisor Brower-The Board notes your comments and concerns. Mrs. Susan Groff-John Burke Apts. RE: Sidewalks.. . noted Wednesday afternoon there were surveyors there. . . Mr. John Salvador, Jr.- Re: Holding Tank on Rockhurst for residential use.. . noted that the homeowner was not present for the hearing, nor was the contractor, a staff person presented the application it think that is a serious conflict. Read from Appendix 75A of the Public Health Code.. . the use of holding tanks shall not be used for new home construction..new as referred to in the building code is something that is not a renovation..... . holding tanks are not acceptable for long term use on year round residence. Re: sidewalks questioned if we are going to do anything different in the year regarding sidewalk maintenance? Supervisor Brower-We are working on it. 1.3DISCUSSION REGARDING MORGAN COMBS JUNKY ARD- VANDUSEN ROAD Supervisor Brower-Mr. Hatin has notified me that Mr. Combs could not be in attendance at this meeting and he would prefer that he be in attendance to address the board, would like to meet with the board next Monday or the following Monday. Councilman Martin-I would encourage you to do a workshop. 4. ORE SOLUTIONS Discussion held: Resolution 4.2 re: Hovey Pond Councilman Martin-We have a very well staffed experienced recreation commission and when it comes to matters of public parks, the flow of events should be things go to the commission at least for a recommendation or maybe an action and then us... Supervisor Brower-Noted he had spoken with Mr. Hansen and he indicated the same... .this resolution will be pulled. . . Res. 4.14 will be discussed in Executive Session RESOLUTION AUTHORIZING CHANGE ORDER NO.3 CONCERNING REPAIR AND REPAINTING OF WEST MOUNTAIN RESERVOIR TANK AND SOUTH QUEENSBURY STANDPIPE RESOLUTION NO.: 246,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 380.99, the Queensbury Town Board awarded the bid for the repair and repainting of the West Mountain Reservoir Tank and South Queensbury Standpipe to AMSTAR of Western New York (AMSTAR) for an amount not to exceed $423,400, and WHEREAS, by Resolution No.: 199.2000, the Queensbury Town Board approved Change Order NO.1 for the project in the amount of $8,250 as there were more pits within the West Mountain Reservoir Tank that AMST AR needed to weld than was originally estimated by the Town, and WHEREAS, by Resolution No.: 217,2000, the Queensbury Town Board approved Change Order NO.2 for the project in the amount of $13,800 as AMSTAR needed to use more seam sealer for the West Mountain Reservoir Tank than was originally included in the contract, and WHEREAS, the Water Superintendent has advised the Town Board that there are also more pits within the South Queensbury Standpipe than originally estimated by the Town and therefore AMST AR will be required to repair the painter's ring, weld more pits and need to use more seam sealer than originally included in the contract and therefore the Water Superintendent has recommended that the Town Board approve Change Order NO.3 in the amount of $48,900 bringing the total contract amount to $494,350, and WHEREAS, C. T. Male Associates, P.C., the Town's engineer on this project, has also advised and recommended that the Town approve Change Order No.3, and WHEREAS, Change Order NO.3 has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves Change Order NO.3 concerning AMSTAR of Western New York's repair and repainting of the West Mountain Reservoir Tank and South Queensbury Standpipe in the amount of $48,900 as presented at this meeting, thus bringing the total contract amount to $494,350, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Water Superintendent to execute Change Order NO.3 and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None Discussion held: Supervisor Brower-noted that the maintenance on the tanks has never been addressed by previous administrations, they have put it off and as they put it off the pits have become deeper and then have to be welded. . . if the boards would look at this and do the painting more frequently these welds would be unnecessary in the future. RESOLUTION SETTING PUBLIC HEARING ON WILLIAM ST. JOHN JR.'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 247,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Queensbury Town Code ~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, William St. John, Jr., has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace a mobile home located at 4C Newcomb Street, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on July 10th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William St. John, Jr. 's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 4C Newcomb Street, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO., INC. TO HOLD FOOT RACE - ONE MILE FIREMEN'S RUN RESOLUTION NO.: 248,2000 INTRODUCED BY: Mr. Theodore Turner MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Adirondack Runners Club and West Glens Falls Volunteer Fire Co., Inc., have requested permission to conduct a foot race to benefit their organizations, as follows: SPONSOR Adirondack Runners Club & West Glens Falls Volunteer Fire Co., Inc. EVENT: Foot Race - One Mile Firemen's Run DATE Saturday, June 24th, 2000, 8:30 a.m. PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West Glens Falls Firehouse, Luzerne Road, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Adirondack Runners Club and West Glens Falls Volunteer Fire Co., Inc., to hold the One Mile Firemen's Run in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PAMELA MARTIN TO CARRY OVER 2\12 UNUSED DAYS OF VACATION TIME RESOLUTION NO.: 249,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Pamela Martin, Legal Secretaryl Assistant, has requested Town Board approval to carry over two and one-half (2\12) vacation days beyond her employment anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Pamela Martin to carry over two and one-half (2\12) vacation days past her July 5th, 2000 employment anniversary date. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSTAIN: Mr. Martin ABSENT: None RESOLUTION AWARDING BIDS FOR #2 FUEL OIL FOR HEATING PURPOSES, BEST GRADE DIESEL OIL TO BE USED AS FUEL FOR OPERATION OF HIGHWAY AND FIRE COMPANY EQUIPMENT AND KEROSENE FOR TOWN LANDFILL RESOLUTION NO. 250, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Purchasing Director duly advertised for bids for #2 fuel oil for heating purposes, best grade diesel oil to be used as fuel for operation of highway and fire company equipment and kerosene for the landfill in accordance with Town of Queensbury specifications, and WHEREAS, Agway Energy Products, LLC has submitted the only and therefore, lowest responsible bid and therefore the Purchasing Director has recommended that the Town Board award the bids to Agway, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for #2 fuel oil for heating purposes, best grade diesel oil to be used as fuel for operation of highway and fire company equipment and kerosene for the landfill to Agway Energy Products, LLC to be paid for from the appropriate accounts. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING MARILYN RYBA AS SENIOR PLANNER ON PERMANENT BASIS RESOLUTION NO. 251,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 406.99 the Queensbury Town Board appointed Marilyn Ryba to the full-time position of Senior Planner on a provisional basis until such time as she passed the Civil Service exam for the position and also subject to a six (6) months probation period, and WHEREAS, the Executive Director of Community Development has advised the Town Board that Ms. Ryba has successfully completed the six (6) months probation period and therefore, the Executive Directors wishes to appoint Ms. Ryba as Senior Planner on a permanent basis subject to civil service requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Marilyn Ryba as Senior Planner on a permanent basis subject to Ms. Ryba's successful completion of the Civil Service exam for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING STEVEN SMITH AS DEPUTY FIRE MARSHAL RESOLUTION NO. 252, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to fill the position of Deputy Fire Marshal, which position and Civil Service title was previously adopted by the Town Board, and WHEREAS, the Executive Director of Community Development and Fire Marshal posted availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Smith to the position of Deputy Fire Marshal effective July 10th, 2000 on a provisional basis until such time as he passes the Civil Service exam for the position and thereafter, subject to a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid an annual salary of $26,500 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Executive Director of Community Development, Fire Marshal 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 June, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT C. TENNANT AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO.: 253,2000 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire a part-time Laborer to work at the Town Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste Facilities Operator to hire Robert C. Tennant as a part-time Laborer at an hourly salary of $10.18 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Solid Waste Facilities Operator to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. TO CONDUCT ANALYSIS FOR IMPROVING EXISTING TOWN-OWNED ROADWAYS TO ACCOMMODATE BICYLISTS RESOLUTION NO.: 254,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway, Parks and Recreation and Community Development Departments have reached agreement concerning the proposed designation of roads within the Town of Queensbury as bike routes, and WHEREAS, the Executive Director of Community Development has advised the Town Board that he has requested and received a proposal from c.T. Male Associates, P.c. to further analyze the proposed routes and recommend specific safety improvements to accommodate bicycle travel within the Town of Queensbury, and WHEREAS, the Executive Director has recommended that the Town Board engage the engineering services of C.T. Male Associates, P.c., for an amount not to exceed $5,800 as delineated in C.T. Male's Proposal dated June 2nd, 2000 presented at this meeting, and WHEREAS, the Glens Falls Transportation Council has advised the Town that due to the intermunicipal nature and regional benefit of this project, the Council will pay 50% of the cost of these .. . engmeerIng servIces, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the engineering services of C.T. Male Associates, P.c. to conduct an analysis for improving existing Town- owned roadways to better accommodate bicyclists for an amount not to exceed $5,800 as delineated in C.T. Male's June 2nd, 2000 proposal presented at this meeting contingent upon satisfactory evidence that the Glens Falls Transportation Council will pay 50% of the cost of these engineering services, and BE IT FURTHER, RESOLVED, that payment for these services shall be paid for from the appropriate account as determined by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION REQUESTING PLACEMENT OF ROAD SIGN ON HAVILAND ROAD TO INDICATE INTERSECTION OF ROCKWELL AND HAVILAND ROADS RESOLUTION NO.: 255,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board has received a petition from Town residents asking for installation of a road sign on Haviland Road, Queensbury indicating the intersection of Rockwell and Haviland Roads so that drivers traveling west on Haviland Road will be aware of the intersection, and WHEREAS, the Town Board concurs with this request and therefore wishes to petition the Warren County Department of Public Works to install the road sign on Haviland Road as it is a County, and not a Town, Road, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support for the installation of a road sign indicating the intersection of Rockwell and Haviland Roads, Queensbury so that drivers traveling west on Haviland Road will be aware of the Rockwell and Haviland Roads intersection, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to send a certified copy of this Town Board Resolution to the Warren County Department of Public Works and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT AT INTERSECTION OF ROCKWELL AND HAVILAND ROADS RESOLUTION NO.: 256,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to arrange for the placement of a street light on Pole #10 at the intersection of Rockwell and Haviland Roads, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a 100 watt high pressure sodium lamp on Niagara Mohawk Pole #10 at the intersection of Rockwell and Haviland Roads, Queensbury with payment for the lighting to be billed to the Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to make all necessary installation arrangements with Niagara Mohawk Power Corporation and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING WATER SERVICE TO CHARLES DE VRIES - RESIDENT LOCATED OUTSIDE OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 257,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, Town resident Charles De Vries of 804 Bay Road has requested water service from the Water District although his property is located outside of the Water District, and WHEREAS, a water line exists in front of the resident's property and the property across the street from the resident is located within the Water District, and WHEREAS, the Town of Queensbury's past practice is to grant water service to residents outside of the Water District until the next time that the Town extends the Water District, at which time the residents' properties will become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize an Agreement for the supply of water to Mr. DeVries in accordance with Town Law ~198(3)(b), and WHEREAS, the proposed Agreement for the supply of water is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to Charles DeVries until the Town Board approves the next Water District extension, at which time the resident's property will become part of the Consolidated Water District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the resident and signing the Agreement for the supply of water in accordance with Town Law ~198(3)(b), to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 5.0PLANNED DISCUSSIONS 5.1 LAKE GEORGE PLANNING UPDATE - DAVEDECKER Mr. David Decker-Project Director for the Lake George Plan Update Committee, a committee comprised of 35 different organizations (handout on file) project of committee to look at the 1987 Master Plan, looking at the water quality and natural resource conservation activities back then of the whole of the Lake George Park. Noted with the changes that have occurred over the years the Master Plan needed to be worked on .. . received a ninety thousand dollar grant from the New York State Dept. of State from the Environmental Protection Fund, with a match ninety thousand from the local entities. . . those entities being services in kind. . . no out of pocket expenses as part of the match. . . I came on in January the Committee had met before and set the objectives and goals of the committee 1. Examine the previous plan 2. Identify and examine and collect whatever research testing, studies that have been written etc. this alone generated 250 documents 3. Boil those two documents together and come up with issues that were to be addressed 4. Once the priorities of how to deal with maintaining quality up there as well as the natural resources by consensus... Schedule set forth, first draft of plan will be available at the end of this week.. . July 12th we will review the recommendations, there after we have scheduled public information meetings at all the communities around the lake, one will be held at the North Queensbury Fire Department as well as in other areas. Once the updated plan has been reviewed by the committee of the whole on July 12th then the public participation program will be undertaken. Comments will be obtained and copies of the report will be available both at the Town Hall and Public Libraries and posted on the Web Site lakegeorge2000.org, again there will be public notice sent out to all when the web site is up. There will be an on line survey that will be available, purpose of survey 1. Motivate people to read the plan or the summary, 2. comment on it through an on line as well as to seek and ask questions about those of us that are property owners or users of the lake just what their input is. The end result after the public information meetings the comments will be considered and incorporated into the document as appropriate and the plan calls for adoption of the plan by end of year. Question at what level is the plan to be adopted? That will come forth from the recommendations. Noted that the Town Supervisor has been active in the planning... Councilman Martin-As a Ward Councilman from that area, there are a couple of comments: 1. I think NY State has to get its act together in it should be reflected in this plan, in that the largest offender of storm water run off in the basin is the State of New York with its highways. We beat on the private developer and the individual home owner over the head for their storm water problems and the State ofN.Y. directly discharges from the Northway all their water off their roadways into our wetlands.. .2. We reference to have ability to have in basin sewer discharge in our wetland areas and take advantage of the technology that is out there as being used in lake basins across the country to secondarily treat waste water. We need a State Plan to set both that and call for it now so we have something we can refer to in our argument, it would be very good for you to include that in your plan. Mr. Decker-The hottest subject of any that we have covered so far is the nutrient flows from inadequate or unprovided sewage treatment and the other one is siltation mitigation or reduction primarily from State Highways, the DOT does sits on this committee.. Councilman Martin-Questioned who's desk is this going to land on and is it going to be a dust collector or is it going to be something that people are going to look at and consider? Mr. Decker-My directive is to coordinate and direct the efforts of the committee of thirty five to arrive at a consensus of what their representation to the Board brings with that and come up with a plan of action and time tables and dates and at the same time there is no one that sits on the board who is not of the opinion that there has to be some type of oversight report card that gives a grade that it is done or not. Councilman Martin-This is the first I have heard of this and I will ask our Community Development Director and our Supervisor to take those two messages, to the committee. Mr. Decker-Spoke about Zebra Mussels there is a Zebra Mussel task force and very clearly that group has emphasized that our biggest risk to Lake George is not the commercial marinas but in fact the unattended State launches. Councilman Martin-Spoke about using the wetlands for waste water discharge. . . 6.0TOWN COUNCILMEN CONCERNS Supervisor Brower-Kim Heunemann has given me her notice she is resigning to take a job with Prospect School as Personnel Officer I wish her well. . . Will talk to Board in Executive Session about her replacement. On Saturday June 17th the County Bikeway Bridge was dedicated to Gerald B. Solomon. The County has installed a port a jon Handicapped accessable on Country Club Road in the Park Area near the bike trail. . . Gurney lane Pool update...it has been painted and it should be open on Wednesday. Councilman Brewer-I. Re: Pool looks great, good job... 2. Saturday Tom Nace and I went to Qsby. Forest and we talked to four people that live in the area to get permission to do dye testing they were very receptive, there will be appointments made for later this week or early next week to do the tests to submit to the city and give them the results. . .3. Had a person contact me that wants to be on the Memorial Day Parade Committee Discussion held-Noted that the parade maybe combined with the City of Glens Falls... Councilman Stec-Questioned Mr. Round on an update on where we stand on the sidewalk policy and Burke Drive Survey? Executive Director Round-John Burke we do not have a plan yet, we expect to see something this week... side walk policy we left with the Board... Board agreed to have this on the next workshop session. Councilman Stec-Once the survey is back what is the next step? Executive Director Round-The Highway Supt. should sit down with an engineer to lay that out. Counclman Stec-Have had complaints on speed limit on Potter and Dixon Road too high... would like to also look at Aviation and Dix intersection... also a complaint on the intersection of West Mountain Road and Mt. View and Bonner Drive. . . spoke about need for side walks spreading out from the School ... noted a complaint concerning intrusion on the water shed property, noise, trespassing specifically off Potter Road, spoke to Sheriff Cleveland regarding the situation... the Sheriff noted that they do have a mounted patrol and ATV and Snowmobile... Streetlight on Midnight Drive was rotated.. . Mr. Fallmann on Gurney Lane has a drainage concern need to have a letter written to Mr. Fallmann regarding the drainage problem. Councilman Turner-Will be circulating a petition for a reduced speed limit on upper end of Meadowbrook Road reduced and the lower end where the 55 and the 40 meet... Councilman Brewer-Suggested that Councilman Turner contact the Car Dealership who use the road for testing their cars. Councilman Martin-Re: Assembly Point Road possibly eroding into the Lake..! will look at it... Executive Director Round-That was identified on the Storm water Management plan for North Queensbury and we were going to talk to the LGA for money for engineering. Councilman Martin-Noted receiving a letter from an advocate for moving the road behind the houses... we will look at it... Re: Cleverdale Road, drainage-note from Tom Jarrett regarding solutions, would like to speak to him at a workshop... Executive Director Round-Spoke on meeting with departments regarding Capital Plan process... return date of July lOth from the Department Heads. . . this will go hand and hand in the budget process. Comptroller Hess-Noted he hoped to get out of this, Capital Reserve funding plan. . . Councilman Martin-This will be a helpful tool in stabilizing the tax rate. Executive Director Round-Noted there is a Planning Board Member vacancy, need a replacement. Councilman Stec- W e should pull from an alternate first. . . and then replace the alternate. Executive Director Round-Will pass out memo on noise ordinance... 7.0ATTORNEY MATTERS Town Counsel Hafner-Questioned if the Board wanted to discuss the pilot agreement at The Glen.. Board agreed to speak about that at a Workshop. Supervisor Brower-Noted there was meeting with Mayor Regan on bulk sewer capacity, we were not able to come to an agreement, however he did recognize the importance on what we needed from him as far as pricing for sewer capacity on the Industrial Park area which incorporates Queensbury as well as Warren County lands...I sent a letter proposing that he sell us for the new district 25,000 gallons of capacity at a dollar per gallon buy in and two dollars O&M fee. He indicated on Friday that he was receptive and he would pole the water and sewer board and would give me something in writing this week... Councilman Stec-Noted we talk about Intermunicipal Cooperation, suggested we will sell them water at cost they sell us sewer at cost.. . fair and simple. Councilman Martin-Noted he spoke to the Mayor on the same thing..the Mayor spoke about a sliding scale. . . high volume user the buy in fee would be at a lower cost, low volume user the buy in fee would be higher. . . Discussion held on Economic Development and how it will effect both the City and the Town... RESOLUTION TO CHANGE MEETING DATES RESOLUTION NO. 258.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, due to the upcoming holiday of the 4th of July the Town Board wishes to change their meetings dates for the month of July, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby changes the Town Board Meeting dates as follows for the Month of July: 1. July 3rd. Cancelled rescheduled for July 10th 2. July 17th Cancelled rescheduled for July 24th. Duly adopted this 19th day of June, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 259.2000 INTRODUCED BY: Mr. Daniel Stec 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 to discuss a personnel issue, potential hiring of new employee. Duly adopted this 19th day of June, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND MOVING BACK INTO REGULAR SESSION RESOLUTION NO. 260.2000 INTRODUCED BY: Mr. Daniel Stec 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 19th day of June, 2000 by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT: None RESOLUTION APPOINTING WILLIAM LAVERY AS CONFIDENTIAL SECRETARY TO SUPERVISOR RESOLUTION NO.: 261,2000 INTRODUCED BY: James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Daniel Stec WHEREAS, Kim Heunemann, Confidential Secretary to the Supervisor, has submitted her resignation effective July 20th, 2000, and WHEREAS, the Town Board accepts with regret the resignation of Mrs. Heunemann and hereby expresses its gratitude to her for her six (6) years of dedicated service to the Town, and WHEREAS, the Town Supervisor wishes to appoint a replacement to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Supervisor's appointment of William Lavery to the position of Confidential Secretary to the Supervisor effective June 20th, 2000, and BE IT FURTHER, RESOLVED, that Mr. Lavery shall be paid an annual salary of $29,000 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June, 2000 by the following vote: AYES Mr. Martin, Mr. Stec, Mr. Turner, Mr. Brower NOES Mr. Brewer ABSENT: None RESOLUTION ADJOURNING MEETING RESOLUTION NO. 262.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queenbury hereby adjourns its Regular Meeting. Duly adopted this 19th day of June, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk