1992-05-19
SPECIAL TOWN BOARD MEETING
MAY 19,1992
7:00 P.M.
MTG#50
RES 294-296
BOARD MEMBERS PRESENT
MICHEL BRANDT -SUPERVISOR
BETTY MONAHAN-COUNCILMAN
SUSAN GOETZ-COUNCILMAN
NICK CAIMANO-COUNCILMAN
PLINEY TUCKER-COUNCILMAN
TOWN ATTORNEY
PAUL DUSEK
GUESTS
Lake George Park Commission
Mike White-Executive Director
Carl DeSantis
Tom Wardell
QEDC
Dean Beckos-President
Supervisor Brandt called meeting to order ...
DISCUSSION - PROPOSED STORMW A TER MANAGEMENT ORDINANCE
(tapes on file)
Supervisor Brandt noted, first on the agenda, the Town Board to consider a Stormwater Management
Ordinance for the Town of Queensbury in the region of the Lake George Park's jurisdiction.
Attorney Dusek-Would like to summarize for the Board, that there are two things that the Park Commission
would like to accomplish. One, to get a model ordinance in place which will regulate stormwater drainage
from new projects as they come along. Another policy area they're working in, is adopting a plan that will
address existing projects and bring them to some sort of compliance. In regards to the model ordinance,
the Town has two options. One being to adopt the model ordinance as suggested by the Commission or
two, not adopt the ordinance. If the Town adopts the model ordinance, the Town will have to enforce that
model ordinance, in terms of compliance, issuing permits and everything that is required under that
ordinance, together with what we do under our own present ordinance. If the Town chooses not to adopt
the ordinance, then the Town does nothing and the Commission does all of the work in terms of enforcing
the ordinance, issuing permits, etcetera. Noting that, the citizens of Queensbury will be faced with either
dealing with Queensbury or dealing with the Park Commission or dealing with both. The bottom line, no
matter what you do, the individual out there will have to, the way the laws are currently set up, will have to
comply with both regulations, whether they are adopted or not adopted. I would like to say, there's
currently a lawsuit pending against the Commission's stormwater regulations and the grounds of the
lawsuit, as I understand it, are primarily focused on SEQRA and their claiming that SEQRA was not
correctly followed in the adoption and therefore the regulations are null and void and nonenforceable. The
Commission's position is, as I understand it, 'that's not so, the regulations are enforceable and we'll
ultimately win the court challenge'.
Supervisor Brandt-Questioned whether, if the Town adopts their ordinance, will the Lake George Park
Commission defend the lawsuit that will come against the Town, if one does come?
Mike White, Executive Director-Stated that the Commission would agree to be Lead Agency because it
would be an involved agency. If the suit is brought on procedural points related to SEQRA, I would think
then, the Commission would be the leading respondent or defendant in that suit. Then we would be
defended by the Attorney General's Office and in turn, that defense would facilitate the Town's defense of
that suit if they were also named.
Attorney Dusek-Stated that the Town would still have to represent itself in the lawsuit. But they would
take a lead role and from my experience with the Attorney General's Office and against, working with
another agency of that nature, certainly does help because they do alot of the footwork and research.
Mr. White-Stated, the Statue is the Lake George Park Law which says the Commission shall develop State
Rules and Regulations governing Stormwater Management and those have been adopted by the
Commission. (presented copies of model ordinance-on file)
Town Board held discussion on specifics of model ordinance. Agreed with concept but noted concern with
strong language, taking people's rights away from them.
Tom Wardell-Suggested the Town take the model ordinance, make revisions, additions and return to us, the
Commission and we'll get back to the Town within a day or two.
Town Board recognizes the importance of a Stormwater Law, agreed to work with the Commission
towards a common goal... committing the Town to an effort, within six months, to resolve this.
Mr. White-Noted the possibility of the Commission taking over the regulations during the interim ...
Councilman Caimano-Requested that the Park Commission, if they make that decision, give fair warning to
the Town.
Mr. White-Agreed.
Mr. Ciccone, Field View-Submitted petition to the Town Board from Residents of Stonegate Manor,
regarding proposed road work on entrance way to their development. (petition on file)
Supervisor Brandt-Noted that the Town Board will be visiting the site this Thursday night during their road
tour with the Highway Superintendent.
Councilman Monahan presented the following resolution:
RESOLUTION CONCERNING LIFEGUARDS AT MOTELS' POOLS & BEACHES
RESOLUTION NO. 294, 92, Introduced by the Entire Town Board.
WHEREAS, the tourism business is a large part of the economic base in the Town of Queensbury,
and
WHEREAS, there are many motels in the Town of Queensbury to which the New York State
Public Health Council's requirement of having a lifeguard at a pool/beach would present a very great
economic burden, and
WHEREAS, this may cause small operations to close and deprive a wide range of people their
livelihood, and
WHEREAS, the local statistics do not seem to show this type of operation as a problem,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby requests that the points
referenced above be taken into consideration in the decision making of the New York State Public Health
Council.
Duly adopted this 19th day of May, 1992, by the following vote:
AYES Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES : None
ABSENT: None
Town Board held discussion with Dean Beckos, President ofQEDC regarding uses of funding ... Town
Board agreed to those uses, agreed to the funding, noting that the revenue is provided for in the budget.
Attorney Dusek agreed to prepare and finalize contract and resolution for next Regular Board Meeting.
Town Board held discussion with Mr. Beckos regarding proposed code of ethic's local law. (letter from
Mr. Beckos on file)
Supervisor Brandt referred to memo received from Cemetery Superintendent Rodney Mosher, requesting to
hire four individuals for sununer help, noting, one of the four, is Mr. Mosher's son. Stated, I don't have a
problem with hiring summer help but I have a problem with hiring family... I'm against it. Councilman
Goetz agreed. Supervisor Brandt requested a policy resolution be prepared for the next regular board
meeting and he would notify Mr. Mosher, that the consensus of the Board, was not to allow the hiring of
his son. Councilman Monahan noted that she would not support the resolution.
Attorney Dusek submitted copies of the proposed Temporary Landfill User Agreement for the Town of
Queensbury and the Village of Lake George to the Board Members ... Town Board held discussion and
review with Attorney ... the following changes were noted;
Paragraph 2B, Lime to Hydrated Lime
Paragraph 3, rewritten to make Prepayments, no billing
Councilman Monahan requested that Mr. Coughlin is made aware of Paragraph 11, that the form be drafted
by the Attorney's Office and left with Mr. Coughlin at the Landfill.
Attorney Dusek agreed to send revised agreement to Lake George for their review.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 295, 92, Introduced by Mr. Michel Brandt who moved for it's adoption, seconded by
Mrs. Susan Goetz.
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enter Executive Session to discuss Attorney/Client Privilege Advice with Possible Litigation in
this matter.
Duly adopted this 19th day of May, 1992, by the following vote:
ALL THOSE IN FAVOR: Ayes
ALL THOSE OPPOSED: None
ABSENT: None
RESOLUTION TO RECONVENE
RESOLUTION NO. 296, 92, Introduced by Mr. Nick Caimano who moved for it's adoption, seconded by
Mrs. Susan Goetz.
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
Session and enter Regular Session of the Town Board of the Town of Queensbury.
Duly adopted this 19th day of May, 1992, by the following vote:
ALL THOSE IN FAVOR: Ayes
ALL THOSE OPPOSED: None
ABSENT: None
No further action was taken.
On motion, the meeting was adjourned.
RESPECTFULLY SUBMITTED,
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY