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2007-06-18 MTG26 REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 623 REGULAR TOWN BOARD MEETING MTG #26 JUNE 18, 2007 RES. 285-306 7:00PM BOH 6-7 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS ASSESSOR, HELEN OTTE CEMETERY SUPERINTENDENT, MIKE GENIER FISCAL MANAGER, BARBARA TIERNEY SENIOR PLANNER, STUART BAKER WASTEWATER DIRECTOR, MIKE SHAW PRESS TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR STEC- OPENED MEETING 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 285,2007 INTRODUCECD BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby enters into the Queensbury Board of Health. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ARLENE SEELYE RESOLUTION NO.: BOH 6, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 624 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Arlene Seelye has applied to the Local Board of Health for variances from Chapter 136 to install a septic tank/pump station: 1.3’ from the foundation instead of the required 10’ setback; 2.9’ from the well instead of the required 50’ setback; and 3.5.4’ from the property line instead of the required 10’ setback; on property located at 148 Sunnyside Road North in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public nd hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Arlene Seelye’s sewage disposal variance application concerning property located at 148 Sunnyside Road North in the Town of Queensbury (Tax Map No.’s: 290.5-1-36, 290.5-1-38) 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 of the property as required by law. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 7, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 625 SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 CORRESPONDENCE Deputy Clerk Rose Mellon read the following Petition into the record: We, the residents of the western end of Luzerne Road in the Town of Queensbury, have been adversely effected by the development project, being performed by Ferrone, between Luzerne Road and Upper Sherman Avenue. With this petition, we are asking that you put a moratorium on the construction of this development and we also ask that a few stipulations be set forth before the developer continues with this project. The first of these stipulations being that an engineered study be performed in order to determine what impact a development like this will have on the environment. (i.e. the removal of trees, and the effects of ground water). Then in order to ensure that flooding not occur in the surrounding areas, a Time Stipulation should be in place stating that this type of project only be performed after the ground thaws and be finished before the first snowfall. As residents and tax payers of the Town of Queensbury, we have the right to be involved in the process in which a development is to be constructed. TWENTY-NINE SIGNATURES ON FILE IN THE TOWN CLERK’S OFFICE) ( COUNCILMAN BOOR- Dan Ryan did his calculations and his observations on this and he did take this into consideration and will be talking to this developer. COUNCILMAN BREWER-will try to contact Carolyn Hart to give her an update on the situation. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR- ? Questioned Supervisor Stec whether he knew before he approved the participation of the County in the purchase of the Gaslight Village property that the assessed valuation of that property is 1.7 million dollars? ? Spoke regarding democracy- stated that this Country is not a democracy ? Stated that the Crandall Library Bonds are on the market- these are revenue bonds. Read a disclaimer from the first page of the prospectus. Stated that Fitzgerald, Morris, Baker, Firth will be handling certain legal matters. He feels since they represent the IDA they have a conflict in matters pertaining to the Library and this financing if they would also represent this Town. Stated his interest in having a workshop regarding the Library. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 626 PLINEY TUCKER- ? Attended the last workshop regarding the flooding on Michael’s Drive. In 1998 or 1999 a study was done (he believes this was done by Tom Nace) to send the water to Luzerne Road and over to Corinth Road into Clendon Brook and it was determined at that time that the system on Luzerne Road and Corinth Road was non-sufficient to take on the extra burden of piping that water through. He wants the Board to look into this and use the information that is available to them. ? Spoke regarding Glens Falls Ready Mix on Big Boom Road. He has noticed that 50-75% of their site is filled with unusable concrete. This has been an issue in the past and on a couple of occasions it was requested by the Board that they clean it up and they did. He has asked that action be taken to resolve this once again. MARK HOFFMAN- ? With regards to the Comprehensive Land Use Plan, questioned whether he could review the most recent draft. He was told by Stuart Baker that copies will be available at the Town Clerk’s office and will be posted on the Town’s website tomorrow and there will be a copy on file at the Crandall Public Library. ? He spoke regarding the workshop last week on the flooding issue on Michael’s Drive. Stated that he agrees with Mr. Tucker that these issues need to be addressed. He encouraged the Board to take a more comprehensive look at the entire process in terms of how this is coming about. Councilman Boor assured him that they are taking a cautionary approach to make sure these issues are addressed and corrected. They need to come up with a plan, a procedure that is applied equally to all areas of Town when these things arise so that favoritism isn’t shown and that those people that are responsible share in the remediation. Councilman Sanford stated that there has not been compliance with the codes. Mr. Hoffman suggested before approving another set of subdivision regulations you may want to ask the engineer whether or not these regulations do the job that they are meant to do. Noted his concern regarding the remedy causing problems some other neighborhood. Councilman Brewer stated that Dan Ryan is looking into this. BERNARD RAHILL- ? Spoke regarding an article of his published in the Post Star fifteen years ago on various issues with respects to the Town’s development. He made the suggestion to the Board that they really think about the Comprehensive Land Use Plan and make sure that they micro-manage it. LINCOLN CATHERS- ? Stated that he has sat through several meetings over the past six months where the subject was wetlands and water problems, especially along Meadowbrook Road, Homer Avenue, and the aqueducts underneath Quaker lane. He suggests that the Town make use of the land that was acquired on Meadowbrook Road just North of Halfway Brook. Potentially that piece of property can be used to help solve some of the water problems in that area. Councilman Sanford suggested the use of an overflow basin to possibility resolve the water issues in that area. He feels that this is something to definitely look into. DOUG AUER- ? Requested an apology from Councilman Brewer for comments made at a previous Town Board Meeting. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- No comment REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 627 COUNCILMAN STROUGH- ? He spoke regarding Mr. Salvador’s presentation on Democracy. Democracy should be a conversation. ? He is hearing only one side with regards to the fire districts and one side with the formation of a village. For the sake of public discourse and for the sake of being democratic we should listen to both sides, both the up side and the down side. He stated he is only hearing the upside and not the down side on these issues. ? The Comprehensive Land Use Plan- Thanks Stuart Baker for the MS4 Report a lot of work has gone into it and a lot of work still needs to be done. Spoke of the Implementation Plan and discussed creating an ongoing CLUP Review Committee. Develop a long term open-space preservation program, develop a master plan for the Watershed property, and develop a methodology to force a more comprehensive analysis of potential impacts- such as impacts on hydrology and traffic rather than a segmented analysis. Also spoke on sidewalks with regards to the plans. He will e-mail Stuart Baker these ideas. He stated that our Comprehensive plan and our Zoning have to be good reflections of one another. He is suggesting that it should state in the Implementation Plan that it should be reviewed regularly. ? Complimented Warren County, Lake George Association, Fund for Lake George for stepping up to the plate and offering a potential storm water remedy that was previously Gaslight Village. ? Spoke about protecting the integrity of the Lake environment. ? Spoke on an article in the Wall Street Journal regarding how Europeans are creating bike friendly cities and bike friendly communities. In hopes that Queensbury can catch up with Europe on that. ? There are a group of people who would like the Beautification Committee but down-size it. He will be looking into this. ? Questioned Supervisor Stec on when the Pyramid Company is going to do something with the Former Howard Johnson’s? It is beginning to be an eye sore. Supervisor Stec agrees but stated that if it is not a health hazard there is not much they can do other than encourage a more productive use there. COUNCILMAN SANFORD- ? Referred back to the last meeting and asked Supervisor Stec to follow-up with the developers on repairing those culverts that they talked about. ? Spoke of Resolution 6.19 regarding the enhanced pilot program for the Tribune Media Project. This will be handled at a workshop tomorrow (Tuesday, June 19, 2007 4:30PM). Questioned Supervisor Stec on a few concerns of his asked him to speak to Len Fosbrook. ? Spoke regarding the potential fire burn center. “I want to go on record saying that I’m certainly not opposed to a fire training center, especially if it’s needed. It’s feasible financially and it makes sense but not on the ACC Campus. It should be on an industrial site. I’ve been talking to a lot of people in my ward and they say, “what are you crazy, they are going to put a burn center on the campus” and I say that’s where it seems to be heading. I just really would like to see some reasonable people get together and think this through. I’m not on the Board of Trustees of ACC but I have an appreciation and an admiration for that school and what it is trying to do. I have a vision for that school in the future, being an academic campus and somehow I picture this big burn center. It’s not just going to be the five fire companies from Queensbury utilizing it, it’s going to be Glens Falls, it’s going to be fire companies throughout all of Warren County, all of Washington County, up north. It’s going to be going day after day, week after week sirens, smoke, noise, esthetic problems. We have an upgraded area here now; it’s not the same as it was fifteen or twenty years ago. This is just not a good idea and I just want to go on record as a Town Representative speaking out for the County letting them know that the people I’ve been talking to, and their not only all in ward two, but I’ve been talking to a lot of people in ward two and no one really thinks this is a very good idea and nor do I. I’ll leave it at that for now”. Supervisor Stec stated that the County has not made a formal decision with regards to the fire training center. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 628 COUNCILMAN BOOR- ? Recently he has had the opportunity to speak to Bob Hunts, the President of the Sunnyside Lake Association. They are anxious to investigate the possibility of creating a lake protection district. A year or so ago they approached the subject and there was concern regarding the method determining payments. He doesn’t believe at that time the cost of the necessary survey was determined. Several months ago he and Supervisor Stec met with some individuals from the Glen Lake who also want to form a protection district for their lake. They discussed the cost of the survey and the Town’s attorney was going to get back to them and give them a ball park figure for a lake that size. He stated that he hasn’t heard any feedback since that meeting months ago and he is wondering if the attorneys have gotten back to those people. Supervisor Stec- recalls a couple of e-mails on that. He will look into that tomorrow and get back to the Board. ? Spoke regarding an article in the last Chronicle publication on trapping regulations. DEC is now looking into this. He stated that the Town of Queensbury is certainly not looking to eliminate trapping or to go overboard but is looking to protect some neighborhoods. ? With regards to the Comprehensive Land Use Plan, there are some things in the code that are insufficient and needs to be dealt with. Stated the need to enforce code and to have well defined code. SUPERVISOR STEC- ? Thanks Glens Falls National Bank and TV8 for televising these Town Board Meetings. ? Pointed out the Town’s website www.queensbury.net. There is a lot of very good information there; meeting minutes and agendas can be downloaded for all the various boards. nd ? We will be setting a lot of public hearings tonight. Most of them are for July 2, there is th a couple of rezoning that will be held on the 16 of July. The Comprehensive Land Use Plan and the MS4 will be set for two weeks from tonight. These are both large items. ? Thanked Senior Planner, Stuart Baker for all his hard work on his effort on the Comprehensive Land Use Plan and MS4 Report They are short staffed down stairs and he worked hard to get this ready for tonight’s meeting. ? Thanked Barbara Edmunds for helping Stuart Baker on the MS4 Report even though that is not in her job description. 6.0RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF JOHN DALEY AS TEMPORARY LABORER IN WASTEWATER DEPARTMENT RESOLUTION NO. :286, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Wastewater Director has requested Town Board authorization to hire a temporary Laborer to work during the summer for the Town’s Wastewater Department, REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 629 WHEREAS, there are sufficient funds for such temporary position in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of John Daley as a temporary Laborer to work during the summer of 2007 in the Wastewater Department, and BE IT FURTHER, RESOLVED, that Mr. Daley shall be paid $12.00 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND KUBRICKY CONSTRUCTION CORPORATION CONCERNING EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN ALONG BAY ROAD RESOLUTION NO. 287, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 118,2007, the Queensbury Town Board determined that the repair of the 12” ductile iron force main along Bay Road between REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 630 Lexington and Duke Drive was an emergency repair needed to best serve the Town’s residents and such repairs should be made as soon as possible, and WHEREAS, Resolution No. 118,2007 also authorized engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the design and construction administration of such emergency sanitary sewer force main repair/replacement along Bay Road, and WHEREAS, Barton and the Town’s Wastewater Director have recommended that the Town Board authorize an Agreement with Kubricky Construction Corporation (Kubricky) to complete such emergency repairs for an amount not to exceed $343,850.00, and WHEREAS, the Wastewater Director has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board authorize him to approve and sign certain Change Orders that he deems necessary or appropriate, provided that the aggregate amount of such Change Order(s) do not exceed up to five percent (5%) of the original Contract award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Kubricky Construction Corporation (Kubricky) for the construction and completion of the emergency repairs of the sewer force main along Bay Road between Lexington and Duke Drive for an amount not to exceed $343,850.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Kubricky in form acceptable to the Town Supervisor, Wastewater Director, Town Fiscal Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to approve and sign Change Orders pertaining to this project, provided such Change Orders do not exceed up to five-percent (5%) of the original Contract award and provided the Town Wastewater Director notifies the Town Board immediately of such Change Order(s), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 631 RESOLVED, that upon completion of work in such Contract and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid as follows: 75% from the Central Queensbury Quaker Road Sanitary Sewer District Fund – Account No.: 32-8130-2899; 12% from Hiland Park Sanitary Sewer District Account No.: 34-8130-2899; and 13% from Route 9 Sanitary Sewer District Account No.: 34-8130-2899, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2007 Budget be amended by increasing appropriations as outlined above and increasing the Appropriated Fund Balance in the aforementioned funds in the total amount of $343,850.00 to provide for payment to Kubricky, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Fiscal Manager to make any necessary adjustments, transfers, or prepare any necessary documentation to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Town Counsel and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: Mr. Brewer RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BIDS FOR PLUMBING AND ELECTRICAL CONTRACTS IN CONNECTION WITH THE SUPPLEMENTAL RIDGE/JENKINSVILLE PARK PROJECT RESOLUTION NO. 288, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 632 SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 99,2007, the Queensbury Town Board authorized the supplemental Ridge/Jenkinsville Park Project (Project) and expenditures for such work, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidders meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, the Town’s Purchasing Agent published an advertisement for bids for the plumbing and electrical portions of the Project consistent with specifications prepared by the Town’s Parks and Recreation Director, and th WHEREAS, on June 8, 2007, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent, Recreation Commission and Parks and Recreation Director have recommended that the Town Board authorize the bid awards as follows: 1.Bid for the plumbing contract to the lowest responsible bidder, Monroe Mechanical, Inc., for a bid amount not to exceed $13,405; and 2.Bid for the electrical contract to the lowest responsible bidder, Hour Electric Co., Inc., for a bid amount not to exceed $15,378; and WHEREAS, the Parks and Recreation Director has advised the Town Board that there may be times when Change Orders may become necessary for such bid awards and Contracts and therefore has requested that the Town Board authorize him to approve and sign certain Change Orders not to exceed the amount of $5,000 per Change Order, and the aggregate of all Change Orders also not to exceed the total amount of $5,000, that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 633 RESOLVED, that the Queensbury Town Board hereby accepts and awards the following bids related to the supplemental Ridge/Jenkinsville Park Improvements Project from the lowest responsible bidders: 3.Bid for the plumbing contract to Monroe Mechanical, Inc., for a bid amount not to exceed $13,405; and 4.Bid for the electrical contract to Hour Electric Co., Inc., for a bid amount not to exceed $15,378; to be paid from Capital Construction Account No.: 138-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Agreements and/or any other needed documents related to the bid awards, in form acceptable to the Town Supervisor, Parks and Recreation Director, Town Fiscal Manager and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Parks and Recreation Director to approve and sign Change Orders pertaining to such Agreement not to exceed the amount of $5,000 per Change Order, and the aggregate of all Change Orders also not to exceed the total amount of $5,000, that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director, Town Fiscal Manager and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 634 RESOLUTION AUTHORIZING HIRING OF ARINNE STILLER TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :289, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Arinne Stiller to work part-time for the Department as a seasonal Water Safety Instructor Aide, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Arinne Stiller is the daughter of the Executive Assistant to the Town Supervisor, Leesa Stiller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Arinne Stiller to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Water Safety Instructor Aide effective June 19, 2007, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 635 RESOLUTION AUTHORIZING INCREASE OF PETTY CASH ALLOTMENT IN TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 290, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, certain Departments of the Town of Queensbury are allotted $100 in petty cash in order, among other things, to purchase necessities such as postage or supplies on a more timely basis, and WHEREAS, the Director of Parks and Recreation has advised that due to increased operational demands of the Parks and Recreation Department particularly during the summer months, the Department utilizes its petty cash allotment at a much faster rate, and WHEREAS, in order to better facilitate the timely purchase of necessary program materials and facility supplies, the Director has requested Town Board authorization for a $150 increase in the Department’s petty cash allotment or to a total of $250, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Town’s Department of Parks and Recreation’s petty cash allotment from $100 to $250, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING MARY WASHBURN TO CARRY OVER UNUSED VACATION TIME REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 636 RESOLUTION NO.: 291, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Mary Washburn, a permanent employee in the Town Assessor’s Office, has requested Town Board authorization to carry over 14 days of unused vacation rd time beyond her September 3, 2007 employment anniversary date, and WHEREAS, the Town Assessor has recommended that the Town Board approve such request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Mary Washburn rd to carry over 14 days of vacation time, such time to be utilized by September 3, 2008. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF UTILITY TRAILER FOR USE BY CEMETERY DEPARTMENT RESOLUTION NO.: 292, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Cemetery Commission have advised the Town Board that they wish to purchase a utility trailer to replace two utility trailers for use at the Pine View Cemetery, and WHEREAS, the Cemetery Superintendent and Cemetery Commission received three (3) quotes for such utility trailer and the lowest received quote is in the amount of $5,960 from Versatile Trailer Sales in Gansevoort, New York, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 637 WHEREAS, the Cemetery Superintendent and Cemetery Commission have requested Town Board approval for such purchase, and WHEREAS, such purchase is an approved 2007 budget item, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Cemetery Superintendent and Cemetery Commission purchase of a utility trailer from Versatile Trailer Sales for an amount not to exceed $5,960, to be paid for from Miscellaneous Equipment Account No.: 002-8810-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY STORM WATER MANAGEMENT PROGRAM ANNUAL REPORT RESOLUTION NO.:293, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor th WHEREAS, on March 10, 2003, the New York State Department of Environmental Conservation (DEC) required a Notice of Intent (NOI) for the Town of Queensbury to comply with the United States Environmental Protection Agency (EPA) Phase II Storm Water Regulations for regulated small municipal separate storm water sewer systems (MS4s) in order to comply with the Federal Clean Water Act, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 638 WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S. waters and are designed to collect and convey storm water, are not a combined sewer, and are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within municipalities with a population of less than 100,000, including the Town of Queensbury, and WHEREAS, the federal Census Bureau designated all or parts of the following municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls Urbanized Area MS4s,” and as an MS4 community, the Town of Queensbury is therefore required to comply with the EPA’s Phase II Storm Water Regulations, and WHEREAS, the NOI outlines a multi-year plan to address new requirements designed to minimize effects of uncontrolled release of storm water to "waters of the US", and WHEREAS, the Town of Queensbury applied for and received a State Pollutant Discharge Elimination Systems (SPEDES) Permit for MS4 discharge under New York State DEC General Permit No.: GP-02-02, and WHEREAS, DEC requires an annual report on progress and compliance with SPEDES General Permit for Storm water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-02-02 in the following management practice areas: ? public education ? public participation/involvement ? illicit discharge detection and elimination ? construction site storm water runoff control ? post-construction storm water management ? pollution prevention/good housekeeping for municipal operation and WHEREAS, the Town of Queensbury must adopt an Ordinance that is equally as th protective as the NYS SPEDES regulations by January 8, 2008, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 639 WHEREAS, a requirement of the SPEDES Permit is that the Town submit an annual report to DEC each year and such annual report must be presented in a public forum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the Town of Queensbury’s Storm Water Management Program Annual Report SPEDES No.: NYR20A112, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting 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, Town Supervisor, Executive Director of Community Development and/or Senior Planner to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING HEARING ON THE GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 294, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 640 SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Great Escape Theme Park, LLC (Great Escape) has applied to the § Local Board of Health for a second variance/waiver from 136-44, as the Great Escape has requested an extension of time in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape continues to undergo a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 3,000 additional feet of collection sewer to connect its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers, st PLLC’s May 31, 2007 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold nd a hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Great Escape’s sewer connection variance/waiver application concerning its properties located at: 1.The Great Escape & Splashwater Kingdom, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20); 2.The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12-1-4); and 3.Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61); and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Great Escape as required by law. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 641 th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” RESOLUTION NO. 295, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal,” to provide for the payment of professional consultant review fees for the administration of such Chapter 136 and the payment of such fees by the property owner or applicant, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, nd July 2, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2007, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 642 RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. ___ of 2007 in the manner provided by law. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND PARAGON ENGINEERING, P.L.L.C. RESOLUTION NO.: 296, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with Paragon Engineering, P.L.L.C., (Paragon) for engineering related review of applications for site plans and subdivisions as deemed appropriate by the Town Planning Board, and for civil engineering consultation services as requested by the Town Board on an as-needed basis, and WHEREAS, a proposed Agreement for Consultant Services between the Town and Paragon has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement for Consultant Services (Agreement) between the Town of Queensbury and Paragon Engineering, P.L.L.C., (Paragon) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that for the engineering related review of applications for site plans and subdivisions as deemed appropriate by the Town Planning Board, Paragon shall provide REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 643 services for the amount of $100 per hour and for the civil engineering consultation services requested by the Town Board on an as-needed basis, Paragon shall provide services at the rate of $90 per hour, as generally described in Paragon’s Agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for all such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Fiscal Manager, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INSURANCE CARRIERS FOR PROVISION OF WORKERS COMPENSATION AND NON-OCCUPATIONAL DISABILITY BENEFITS INSURANCE RESOLUTION NO.: 297,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 349,2006, the Queensbury Town Board authorized engagement of Regent Consultants Corp., (Regent) to thoroughly evaluate the Town of Queensbury’s insurance needs and prepare a Request for Proposals (RFP) to send to insurance agents/brokers interested in providing property and casualty insurance coverage to the Town and Regent issued such RFP, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 644 WHEREAS, by Resolution No.: 144,2007, the Town Board again authorized engagement of Regent to perform the necessary consulting services relating to issuance of a non-occupational disability and Workers’ Compensation insurance RFP, and WHEREAS, Regent prepared and distributed such RFP to insurance agents/brokers interested in providing workers compensation and non-occupational disability benefits insurance to the Town, and WHEREAS, Regent reviewed all received proposals and has made certain recommendations concerning the selection of the insurance agent(s), and WHEREAS, the Town’s Fiscal Manager also reviewed all received proposals and has also made certain recommendations concerning the selection of the insurance agent(s), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of The National Benefit through The Salerno Brokerage Corp., to provide the non-occupational disability benefits insurance coverage to the Town of Queensbury at the two (2) year fixed rate of $.47 or approximately $13,130 annually, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs engagement of the services of The Professional Underwriters Safety Group 497/New York State Insurance Fund to provide the workers compensation insurance coverage to the Town of Queensbury at an estimated annual premium of $303,199.00 which includes an anticipated 30% dividend as well as the 8% Group Management Fee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation and the Town Supervisor, Town Fiscal Manager and/or Purchasing Agent to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 645 RESOLUTION SETTING PUBLIC HEARING ON ADOPTION OF NEW TOWN OF QUEENSBURY COMPREHENSIVE LAND USE PLAN RESOLUTION NO. 298, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering adoption of a new 2007 Comprehensive Land Use Plan (CLUP) for the Town of Queensbury, which Plan presents recommendations to guide land use in the Town of Queensbury for the next five to ten years, and WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s scope was to review and address inconsistencies and problems known to be at issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, a draft new Comprehensive Land Use Plan (Plan) was prepared by the PORC and Saratoga Associates with the assistance of the Town of Queensbury Community Development staff and input from citizens and elected officials, and various information sources were also utilized, including published materials, interviews and reports generated by local study groups and committees, and th WHEREAS, the PORC held a public hearing on the draft CLUP on July 13, 2006, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 646 th WHEREAS, at their meeting on July 20, 2006, the PORC made subsequent revisions to the draft CLUP and adopted a Resolution referring the revised draft CLUP to the Town Board for its consideration, and WHEREAS, the Town Board prepared further revisions to the Draft Plan and held ththth public hearings on such Draft Plan on October 16, November 20, and December 18, 2006, and WHEREAS, the Town Board has made subsequent revisions to the draft CLUP since that public hearing, and WHEREAS, the Town Board wishes to set a public hearing concerning the revised Draft Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, nd July 2, 2007 to hear all interested persons and take any necessary action provided by law concerning adoption of the Town of Queensbury’s proposed, new Comprehensive Land Use Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide at least 10 days notice of the public hearing by publishing the Notice of Public Hearing and Proposed Summary of the Comprehensive Land Use Plan in the Town’s official newspaper and posting the Notice on the Town’s bulletin board and forwarding the Notice to all adjacent municipalities. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None * DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC- Stu , kudos to you and your staff down stairs that have been helping out with other things while you have been struggling to get this wrapped up for us the last couple of weeks. COUNCILMAN BREWER- And let us not forget the Committee. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 647 SUPERVISOR STEC- And the Committee. Well, they wrapped their work awhile ago but we do continue to appreciate that. This would also set the public hearing for two weeks from , tonight which will be July 22007. Again, it has been a process, a very lengthy two years and change. The Town, we have had on the previous draft we have held public hearings on thth October 16, November 20 and December 18 and it seems to me that there may have even an additional day or so in there. We took some more comment and the Town Board made what I would consider relative to that original draft some fairly minor changes in our own draft; but it is certainly different. As Stu said, it will be available tomorrow morning on the website and in Town Hall and at Crandall Library. We’ll have a public hearing on this and there is going to be some people who need to be noticed and given copies of this before we can act on it. I think the intent is, I think Stu is going to guide us through and make sure we don’t miss any required wickets. We may in fact end up leaving the public hearing open and taking a little more comment at our later meeting in July before we close it and adopt it. We’ll play it by ear and see how much comment we get. It’s not significantly different from what the Board and public had seen last fall and winter. COUNCILMAN BREWER- I got one comment Dan, or question for Stu. Did we include that comment that you and I had talked about last week with the storm water? COUNCILMAN STROUGH- Yes, it’s in there. SENIOR PLANNER, STUART BAKER- Yes, it has been included. SUPERVISOR STEC- Any other comments? COUNCILMAN BOOR- Well, I think one of the other advantages that we have with the technologies now days is that we are all aware up here and the public should be aware this is a living document, it can be altered, added to, things can be deleted and the benefit of the internet is nice because when we do such a thing you the public get the immediate revisions. Whereas before you would have to come into the Town and somebody would typically print out the entire thing as opposed to the addendum which might be only one page. So, it’s fortunate that we have the ability to do that and I would encourage and hope that people take advantage of that. I don’t suspect we will be doing a lot of changes all the time but it does afford and instant revision that the public has access to. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 55 “BOATS” TO CLARIFY 5 MPH SPEED ZONE DESCRIPTIONS/BOUNDARIES IN HARRIS BAY, LAKE GEORGE RESOLUTION NO. 299, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford § WHEREAS, New York State Town Law 130(17) authorizes Towns to regulate the speed of vessels while being operated or driven upon any waters within or bordering the Town to a distance of fifteen hundred feet (1,500’) from shore, and REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 648 WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 55 entitled “Boats,” to clarify the descriptions/bounds of the 5 mph speed zone in Harris Bay in Lake George, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10(2) and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, nd July 2, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2007 in the manner provided by law. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION SETTING HEARING ON JOLLEY ASSOCIATES’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING MOBIL STATION PROPERTY LOCATED AT 1412 STATE ROUTE 9, QUEENSBURY RESOLUTION NO.: 300, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 649 WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Jolley Associates has applied to the Local Board of Health for a § variance/waiver from 136-44, for an extension of the Town’s connection requirements to connect the Mobil Station property located at 1412 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that they are currently applying for a permit to re-build the facility and when such work is completed, the new facility will be connected to the Sewer District, and the current septic system is functioning properly, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold nd a hearing on Monday, July 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jolley Associates’ sewer connection variance/waiver application concerning the Mobil Station property located at 1412 State Route 9, Queensbury (Tax Map No.: 288.16-1-3), and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant as required by law. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTY ON QUAKER ROAD FROM LIGHT INDUSTRIAL (LI) TO HIGHWAY COMMERCIAL INTENSIVE (HC-INT) REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 650 RESOLUTION NO.: 301, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering a request by Forest Enterprises, Inc., to amend the Town Zoning Ordinance and Map to rezone a portion of the property bearing Tax Map No.: 303.15-1-25 located on Quaker Road, Queensbury from Light Industrial (LI) to Highway Commercial Intensive (HC-Int), and WHEREAS, the current 1998 Comprehensive Land Use Plan recommends large scale commercial uses in this neighborhood, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby a portion of the property bearing Tax Map No: 303.15-1-25 located on Quaker Road, Queensbury would be rezoned Light Industrial (LI) to Highway Commercial Intensive (HC-Int), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office 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 Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 651 RESOLVED, that the Town Board further directs the Community Development Department to forward the proposed zoning change to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES BETWEEN EAST DRIVE AND WEST DRIVE FROM LIGHT INDUSTRIAL (LI) TO SUBURBAN RESIDENTIAL 20,000 SQUARE FEET (SR-20) RESOLUTION NO.: 302, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Ordinance and Map to rezone the following properties located between East Drive and West Drive in Queensbury from Light Industrial (LI) to Suburban Residential 20,000 Square Feet (SR-20): 308.12-1-8 308.12-1-9 308.12-1-10 308.12-1-11 REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 652 308.12-1-12 308.12-1-13 308.12-1-14 308.12-1-16 308.12-1-18 308.12-1-19 308.12-1-20 308.12-1-21 308.12-1-23 308.12-1-24 308.12-1-25 and WHEREAS, the current 1998 Comprehensive Land Use Plan recommends retaining the residential character of these properties and this neighborhood, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, July 16, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby the properties bearing the Tax Map numbers: 308.12-1-8 308.12-1-9 308.12-1-10 308.12-1-11 308.12-1-12 308.12-1-13 308.12-1-14 308.12-1-16 308.12-1-18 308.12-1-19 308.12-1-20 308.12-1-21 308.12-1-23 308.12-1-24 308.12-1-25 located between East Drive and West Drive, Queensbury would be rezoned Light Industrial (LI) to Suburban Residential 20,000 Square Feet (SR-20), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 653 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office 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 Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the proposed zoning change to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: There was a typo on page under the first Resolved, the section under the tax map numbers. It originally read “located between East Drive and East Drive”. Councilman Strough requested that it be changed to read “located between East Drive and West Drive”. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 654 RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JUNE 18, 2007 RESOLUTION NO.: 303, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thth presented as the Warrant with a run date of June 14, 2007 and a payment date of June 19, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of June 14, 2007 and payment date of June 19, 2007 totaling $509,782.66, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None 6.19 RESOLUTION CONSENTING TO DIVERSION OF CERTAIN PILOT PAYMENTS BY THE COUNTIES OF WARRENAND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY WITH RESPECT TO A CERTAIN PROJECT TO BE UNDERTAKEN BY TRIBUNE MEDIA SERVICES, INC., ON BEHALF OF ITSELF OR AN ENTITY TO BE FORMED AND AUTHORIZING THE SUPERVISOR TO EXECUTE AND DELIVER A CERTIFICATE IN FURTHERANCE OF SUCH PROJECT RESOLUTION NO.: PULLED INTRODUCED BY: WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 655 SECONDED BY: RESOLUTION REFERRING ANN WATSON/TWO WOMEN AND A SHOW’S APPLICATION FOR TRANSIENT MERCHANT/ TRANSIENT MERCHANT MARKET TO TOWN PLANNING BOARD RESOLUTION NO.: 304, 2007 INTRODUCED BY: Mr. Tim Brewer TABLEDBY RES. 305,2007 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Ann Watson/Two Women and a Show has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market for the Adirondack Art & Craft Show thth from August 10th – 12, 2007 at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, the Town Board may refer the application to the Town’s Planning Board for site plan review, and WHEREAS, following the Planning Board’s recommendation, the Town Board will review the application and take any other necessary action, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Town Clerk to forward Ann Watson/Two Women and a Show’s application for a Transient Merchant/Transient Merchant Market License to the Queensbury Planning Board for site plan review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be lead agency for SEQRA review of this project and directs that the Department of Community Development notify any other involved agencies of this designation. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 656 NOES: ABSENT: DISCUSSION HELD: SUPERVISOR STEC- This would be for an event to be held in early August, August 10- th 12 at the dome on Sherman Avenue in Queensbury. This would refer to the Planning Board. I understand that it is on the July agenda and it should come back to the Town Board in time for our first August meeting. COUNCILMAN BOOR- Why are we sending it to the Planning Board? SUPERVISOR STEC- Because we are suppose to COUNCILMAN BOOR- We didn’t last time did we? SUPERVISOR STEC- No we didn’t COUNCILMAN BREWER- Well that’s because there was a time issue and they didn’t submit their paperwork SUPERVISOR STEC- Right COUNCILMAN BOOR- So now they did submit the paperwork SUPERVISOR STEC- Yeah COUNCILMAN BREWER- And they have time SUPERVISOR STEC- In time, right. So we’ve got two months and we have time to get it done. Last time there wasn’t enough time and the Board decided… COUNCILMAN BOOR- I guess my question then would be, what if the Planning Board says no? SUPERVISOR STEC- Then it’s still up to the Town Board COUNCILMAN BOOR- Okay, I just want some clarity COUNCILMAN BREWER- Strictly a recommendation SUPERVISOR STEC- Right, it’s a recommendation, SENIOR PLANNER, BAKER- An advisory SUPERVISOR STEC- It’s just a recommendation and our first meeting in August, this is on the agenda for July and I’m sure that this Planning Board will get it to us in July. Our th first meeting in August is August 6 so we’ve got time. ANN WATSON- Excuse me, I just want to say something. SUPERVISOR STEC- We are past that point of the meeting but I’ll allow it if you come to the microphone ma’am. You’re Ms. Watson, correct? MS. WATSON- I am. Good evening. SUPERVISOR STEC- Good evening Ms. Watson MS. WATSON- I’m Ann Watson, I’m the promoter of Two Women and A Show. Under site plan review- B- it says the Town Board at its discretion may forward the application REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 657 to the Town Planning Board. Dan you and I spoke, so I’m more than shocked over the fact that you are putting on the Planning Board. SUPERVISOR STEC- You must have misunderstood. MS. WATSON- Oh, I don’t believe I did. Actually, what you said verbatim was the fact that you want to create as little amount of paperwork and kill as few of trees that you possibly could. SUPERVISOR STEC- Right, and that’s the conversation I had with Mr. Miller about getting the generic site plan approved so that as this Board discussed with him eight months ago when we approved two on the spot at one meeting even though some of us weren’t thrilled about doing that so that in the future all he would have to do is submit an application and then we wouldn’t have to send it to the Planning Board. We do send by our normal procedure all of these to the Planning Board and after the conversation I told you I was going to have with Craig Brown he reiterated that to me and in the interest of trying to be fair and consistent that’s why we are going to refer it to the Planning Board. But, as Roger asked and the answer was given, it is just advisory and the Town Board could in its discretion chose not listen to their recommendation if they recommended against it. So, we’ve got two months and several Town Board Meetings between now and then to approve it. I don’t think it will be a big deal but I’d prefer to follow our procedure. MS. WATSON- I started this process prior to 3/14 as you will see on my application it is actually dated 3/14. I went in, I talked with Craig, I talked with Blanche. I called, I tried to have meetings with Craig, they were unreturned phone calls. I had to have meetings with Blanche, they were unreturned phone calls. This has been an ongoing situation and a problem for me since prior 3/14. I do shows in other States, I do shows in other areas of New York, I’ve never had this problem before. I respect your procedure, but when it’s in writing to the fact that you may at your discretion approve this application just because there is time left I’m going to get penalized for that. It doesn’t seem right to me. SUPERVISOR STEC- I would hardly characterize that as being penalized. MS. WATSON- I truly disagree with you. Obviously, if I’d come in at the last minute, ya know, Johnny come lately, you would have felt some pressure to approve this. We are bringing in highly regarded artists and crafters from across the Country, which bring in people that spend money, which brings revenue to the Town. I just don’t understand why this is such a hard process to go through. COUNCILMAN STROUGH- Well, Mrs. Watson I think what you are saying is that you had started this in March. MS. WATSON- Yes sir. COUNCILMAN STROUGH- And that at least twice you have met with our Community Development Director who is no longer with us. So we on the Town went through a tumultuous time period and you feel that you are paying for it. MS. WATSON- I do. COUNCILMAN STROUGH- Because you’re in a situation now, if I understand everything correctly, you are in a situation now where you have a show. It’s an Adirondack furniture and crafts show MS. WATSON- Yes COUNCILMAN STROUGH- That is planned for the Dome owned by Mr. Miller MS. WATSON- Yes thth COUNCILMAN STROUGH- For August 10 thru 12 REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 658 MS. WATSON- Yes COUNCILMAN STROUGH- So, you started this in March, so what you are saying is now we’ve gotten to the point and I think you are suggesting that it’s partly our fault and I would have to agree with you MS. WATSON- Thank you COUNCILMAN STROUGH- That this has been delayed to the point where your comfort level is not quite there. MS. WATSON- Yes th COUNCILMAN STROUGH- I mean you are looking at having a show on the 10 thru thth the 12 and we are looking at possibly approving this on the 6 or not. In the meantime you are trying to get all your ducks in a row. Now you are kind of befuddled that we are not assisting you right now considering that we are part of the problem. MS. WATSON- Yes, and the fact that I had all of my paperwork in time for it to be part of the workshop last week and I was told at that point that there would be no need for that, that it would be just heard COUNCILMAN BREWER- Who told you that? COUNCILMAN BOOR- Who told you that? MS. WATSON- I was told first that it would be part of the workshop by Craig and to make sure I had everything in on time. And I did, and I actually went through the process further even though he had pre-approved, ya know, we had met and everything. I went to him one last time, I set up an appointment with him, I met with him, I made sure every i was dotted, I had everything with me and I took it upstairs to Dan’s office. COUNCILMAN STROUGH- And this certainly isn’t going to have the kind of impact that other, and I don’t mean to demean you but bigger events have occurred at the Dome that I don’t expect this to be of the traffic circulation issue that maybe some of those other events have been. I’m just assuming here but am I…? I know you are expecting a big, huge event and great but I’m trying to be realistic here and trying to help you out. Now I’m not sure if other members of the Town Board are willing to help you out but I think as one I’m willing to help you out. MS. WATSON- Thank you sir. COUNCILMAN BREWER- Did you read Craig’s letter John? COUNCILMAN STROUGH- Yes. OWNER, ADIRONDACK SPORTS COMPLEX- DOUG MILLER- Just to help with your point there John, for the Boat Show and the Adirondack Living Show the traffic map which is part of the package that I helped Dan put together shows that we are not using the Morris Field Complex nor are we using the West Glens Falls Fire Station. Parking will be at the Dome and at Tech Meadows only, so to further your point, yes this is not going to be as large of a traffic issue as the other two events. And to clarify one other thing, eight months ago- it happened to be just a little less than four months ago. It was the end of February when we are in front of this Board and got the approval for the Boat Show. SUPERVSIOR STEC- I apologize if it was four. I thought it was longer. It was still some time ago. MR. MILLER-And that’s how quickly time goes by. And at that meeting and Richard had made it clear that he wanted us to get together with Blanche. I met with Blanche a REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 659 couple of times since then to come up with a process by which we could develop a template for activities that will happen at the Adirondack Sports Complex that would fit into this template so that we could reduce the amount of paperwork that needs to be submitted for each show. And if you recall, at that time we were under the gun. I recall when this transient merchant license went into effect back in the mid 80’s late 80’s and the purpose for it and as we said at that time, and I just want to make sure it is on the record this time, the only reason we were so late for the boat show and the living show is that fact that nobody in their wildest imaginations expected it to be such a long process, 60 day process. In Ann’s defense here, I immediately let her know after we got done with the meeting with you folks for the boat show and for the Adirondack living show that she th needed to get the process started. She met with Craig prior to March 14, you can see it’s th dated in here March 14. It has taken her almost 90 days, in fact we are past ninety days now, just to get Craig’s approval; almost 90 days to get Craig’s approval, a little less than th that- June 9 he signed it. So, the document says 60 days prior to the event. Well, she was well ahead of 60 days, she was 60, 90, she’s a 115 roughly ahead of the event to start the process and here we are at 90 days and we are just getting to this stage. COUNCILMAN BREWER- Can I ask a question? I just want to understand. I understand you are having the show but it’s at your facility, how come you don’t make the application out? I understand because she is going to be setting up and stuff like that but I just— it just boggles my mind a little bit, If you are having the event at your place you should make the application COUNCILMAN BOOR- … not him COUNCILMAN BREWER- No, I understand that but he should collect- I don’t know, there should be some easier way—Doug is booking these shows COUNCILMAN BOOR- Then he wouldn’t need a transient merchant COUNCILMAN BREWER- Let me finish Roger, I understand exactly what you are saying about her being the transient merchant but if Doug is booking these shows and I presume he wants to book as many as he can and as often as he can your setting up a schedule why can’t we set up some kind of an arrangement that Doug when he’s booking these he submits the paperwork as an agent so to speak and we get that process done. SUPERVISOR STEC- Doug and I tried… MR. MILLER- That’s the kind of process that I was instructed when we met last time in February to work with Blanche on, work with the Community Development Staff on and we… SUPERVISOR STEC- Right, our conversation…. MR. MILLER- we’ve had two meetings with Blanche and one with Craig on this and its kind of, well, with Blanche’s dismissal it’s falling apart. COUNCILMAN STROUGH- And in this case we were part of the problem. They initiated this when they were suppose to do it. COUNCILMAN BREWER- Let me finish John, if you go to… when will the Planning Board hear this? SUPERVISOR STEC- The July meeting, the first July meeting whenever that is. COUNCILMAN BREWER- The third Wednesday, third Tuesday? th COUNCILMAN BOOR- Their event is August 10 COUNCILMAN BREWER- I’m just asking the question REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 660 COUNCILMAN BOOR- I know, I think you can understand their concern if it’s the third Tuesday and the second week of August is the event. COUNCILMAN BREWER- It just seems like every time there is an event there we get into this situation and I’m just not comfortable with it. MR. MILLER- I agree, and again she started in March. This should have gotten through with Craig and gotten approved so that we’d be in front of you in April or May. COUNCILMAN BREWER- Then I guess maybe we should have Craig Brown in here and say why the hell does this take so long. COUNCILMAN SANFORD- Well, we could talk to him at our next workshop as part of our process that we have in place. You know, the way I look at this is I’ve got to appreciate following the process which I think is what Dan is suggesting. On the other hand, this is a transient merchant deal and we need to have a process in place where we don’t put these people through an agonizing process in order to get it. We actually spend quite a bit of money to encourage tourism and sales tax generation and I want to certainly be receptive to be pro-business in this particular case and I certainly would feel the same anxiety that this lady is feeling because of all the preparatory work she has to do and only to find out that she might not even get the license granted. I would almost try to encourage this Board to try to accommodate if we could. COUNCILMAN BREWER- How about we give ourselves a week or so to review it and we can do it at our next meeting. Is that reasonable? SUPERVISOR STEC- Right, we could have a resolution two weeks from now. COUNCILMAN BREWER- Or a week from now, I’m not…. COUNCILMAN BOOR- What are you going to review though. COUNCILMAN BREWER- At least let us look through this stuff and see what the questions are COUNCILMAN SANFORD- I would be receptive to tabling, well not this resolution but tabling for our review. If we need to we can discuss it at our next workshop and perhaps bring it back as a resolution for approval two weeks from tonight. COUNCILMAN BREWER- That’s reasonable isn’t it? SUPERVISOR STEC- Refer it to the Planning Board but perhaps act on it before. COUNCILMAN BREWER- I was under the assumption that we may send it to the Planning Board, let us paw through it, read it over if there is any questions we can call Doug or yourself. nd COUNCILMAN SANFORD- So, in other words our next meeting would be July 2 and that’s when we could conceivably give you approval. COUNCILMAN BREWER- I truly don’t believe there is going to be any issues that are going to hold this up. MS. WATSON- I think I heard that once already COUNCILMAN BREWER- Well SUPERVISOR STEC- I Still don’t think there will be. My concern is that everyone at this table just told you Doug that we want to make this easier and I know that four months ago it was strongly suggested that you go and we give you a path to do that and it hasn’t been done that. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 661 COUNCILMAN BOOR- Yeah, but Blanche is gone. I think he did. I think that is exactly what happened, is that he took the path and then the chief left. SUPERVISOR STEC- I would disagree how far down or how hard down the path she’s gone. COUNCILMAN BREWER- Lets see if we can accommodate this lady. Is two weeks unreasonable? MR. MILLER- I have to ask Ann because I know her conversation with me is that she’s got vendors asking is everything all set? So vendors are not necessarily committing because she…. COUNCILMAN BOOR- Let me throw something out Doug, if this Board were to approve this could we get an assurance that those deficiencies are resolved before we see another transient merchant license? MR. MILLER- I’ve had numerous conversations with Craig on that. We’ve met and Tom Nace. In fact, I’m glad because my conversation with Dan last week was that this was to be part—some sort of a cookie cutter approach as part of our site plan modification which was never in the minutes and I don’t recall it that way. We were suppose to work with Blanche to try to find an approach, whether that was site plan modification or not I don’t know, because it was never resolved or never determined. But, it is clear from my conversation with Dan last week that he wants it to be part of the site plan modification so we are going to make that another piece of the site plan modification. SUPERVISOR STEC- I think that’s the easiest way. COUNCILMAN BOOR- I think… MR. MILLER- Yes, we are working on that. Tom Nace hopes to have all the drawings in th so we can submit by July 15 for the August Planning Board. COUNCILMAN BOOR- So that you are aware, because I’m not sure the general public is aware, but in fact you are talking to the Community Development Director- this Board. Essentially, every workshop we meet with Stu, we meet with Craig Brown and we meet with Dave Hatin and we say “where are you on what projects, when do you anticipate these things being completed, what are you looking on next”. So in a matter of speaking we are the person you should be talking to. The question I have is should we grant this, can we resolve those deficiencies or those issues that Craig Brown has, which I think is what parking space is one of them MR. MILLER- One parking space is mis-painted and so many… The other two were things that in our building permit the same department that Craig is part of and Bruce Frank are part of required us to add a light where one was not required in the site plan, move a door from where it was put in the site plan and now we are being challenged or penalized (and that still is not the right word) because the doors are moved, its not where the site plan said it was but then its on our building permit where we were asked to put it in the building permit. So, you’ve go the same department, now I’m going to spend money for my engineer to come back, redo drawings, come to this Board, probably going to have to bring my attorney, excuse me the Planning Board, and for things that the two parts of the Community Development Office didn’t work together on and that really frustrates me. COUNCILMAN BOOR- Well, that’s not the first time we’ve heard this and it’s an issue we need to deal with and it goes to that point I made early about “new”. It’s very clear that the Zoning Administrator and the Code Enforcement Officer weren’t on the same page on what’s “new”. This is another instance, so I want to make sure it’s not a moving target. If your building permit is issued and it shows this way I have an issue if the Zoning Administrator tries to make a change. I don’t know who trumps who at some point in time. I don’t know, and if there is a problem whose at fault. So, clearly we’ve got as the Community Development Director the responsibility lies in our hands. I’m not REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 662 interested in passing it off to another Board, I’m not interested in having one person on it downstairs and then have another come back later and say not that’s not good enough. So, I’d just assume take the bull by the horns. COUNCILMAN BREWER- Roger, you would be a good person to have on a one man committee with this particular issue. COUNCILMAN BOOR- Unfortunately, all five of us have to come to an agreement. COUNCILMAN BREWER- Understood MR. MILLER- The comments that were made to this woman next to me by Planning Staff is that she is another event; this place is suppose to be a sports facility. Well, no that is not true, it is a sports facility 330-340 days a year, but we had right through our site plan review process and a number of you were on that Board that we were going to do community events. So, I’m spending time now trying to go through the Towns website to try and find the minutes from those roughly twelve lengthy meetings with the Town Board and the Planning Board over the course of two and a half years so every time I get that thrown, or somebody gets that thrown at them they can say here, here’s where it was discussed and site plan review. I’m getting very tired of having to defend myself. COUNCILMAN SANFORD- Why don’t we do this Doug, if somebody wants to try to move this for an approval I’ll support it, but I would also like your commitment to schedule time at a workshop with this Town Board and the other people to iron out these related outstanding issues so that we are all on the same page. COUNCILMAN BOOR- With the understanding that we iron them out before another event. COUNCILMAN SANFORD- I mean that is my own opinion on this because I certainly want to see this move forward. MR. MILLER- And I told Craig, and I told this Board we would take care of that this summer and we are in that process right now. SUPERVISOR STEC- Alright, MR. MILLER- I think a workshop meeting would be very appropriate. So that way we can get everything out because last thing I want to do is go through this. If I’d gone through the site plan review modification that I was kind of lead to believe I needed to go through in February or March this transient merchant piece would have not been part of it and I would be coming back through again spending more time and money. So I’d like to get all the pieces into this site plan modification. COUNCILMAN SANFORD- It is so confusing; it’s like a spider that gets caught in its own web. COUNCILMAN BREWER- What happened to the two weeks Richard? SUPERVISOR STEC-Well, hold on a second before you get back to that question. Roger had just said a minute ago along the lines of what Richard just suggested Doug and he suggested that, ya know, you are booking these things and what Roger, and correct me if I mis-speak Roger, but what I heard Roger say was will you resolve this issue before you book more. I mean, are you willing… I want to make sure we are crystal clear on that. Because this isn’t about Ms. Watson’s, how I characterize my feelings about this are still the same that I don’t care what is going on inside the Dome as far as the transient market goes. But you are not the only person, she’s not the only person, your’s is not the only site that we have to deal with transients merchants; so if we don’t treat you the same as everybody else, i.e. if there is a perception out there that we are treating you somehow better than everybody else than it comes back to this Board. So that’s why, she is not the intended- her project is the one that is on the hook here for this. But, we’ve got issues with how your site deals with transient merchants. My personal opinion and I still think it REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 663 is probably a good one is that since you have to come back to the Planning Board anyways for the site plan issues that’s the point to say and oh, by the way, I’m applying for this generic “boilerplate” give me permission to do stuff inside the Dome and reference the fact that it was already discussed once by the Planning Board, I’m sure the Planning Board won’t have problem with giving you that “cookie cutter, generic, boilerplate”- however you want to phrase it, and then that way and have it right in the site plan approval so that this Board can point to that document and say the next time that you go get somebody all they need is to go before this Board with an application. There is no talk about going to the Planning Board, blah, blah, blah. What I just heard Roger suggest is if we can get your assurance that this is where this is going before we get the next arts and crafts show than I think we’d all feel better. Speaking for myself anyways that’s where I was four months ago. If we weren’t on the same page or that isn’t true than, but that’s how I recall it. That’s the jest of the conversation I had with you. MR. MILLER- And that is the conversation we had and we both pulled the minutes up it was clear Richard…. SUPERVISOR STEC- I don’t want to hold her up but there are other people out there and some of the Board Members can probably remember some of the applicants that have come in here with a list and said ya know, for this event, this week you guys made me jump through all of these hoops to get the transient merchant law and I did it but here’s a list and they would literally list off five or six others that didn’t do it. MR. MILLER- And again, I’m going to go back to what we started earlier, she started in March. COUNCILMAN BOOR- Doug, again, I’m going to recommend that we approve this but I’m also going to recommend that the next available workshop you be there, Dave Hatin be there and Craig Brown be there and we are going to see what the site plan called for and we are going to see what deviations were required by somebody else in that department and we are going to come out of that meeting having a full understanding of why you are in this position and how to correct it. MR. MILLER- Do you have a date for that? Is that date set? SUPERVISOR STEC- Well, I’ll have to get back to you on that. COUNCILMAN SANFORD- I appreciate what Dan is saying in that if we move forward with this tonight that no exceptions that we have to have it concluded at that workshop so that we are not doing this again. COUNCILMAN BOOR- Right, because we don’t enjoy it any more than you do. MR. MILLER- One of the citation I got is I haven’t built a garage yet. How can I be cited for not building a garage? COUNCILMAN Strough- Doug, when is the next event? MR. MILLER- The next event may be Ann’s, if this is successful, her next show in December. Right now she is not sure she wants to do it. She doesn’t want to go through these games again. COUNCILMAN STROUGH - This is an unusual situation. We are working and smoothing things out and hopefully we will remedy the wrong befall you because of our efforts or lack of. So you will be able to potentially get into site plan review and get your approvals for these modifications that have happened to the original site plan before the next event. MR. MILLER- Tom Nace has been working on them, is working on them and I won’t submit anything until after we have this workshop meeting and because there may be additional things or clarifications that come out of that workshop. REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 664 COUNCILMAN STROUGH- And I have one other question for ya that Craig Brown brings up and that is, have you gotten formal permission from the City of Glens Falls to use the Tech Park? MR. MILLER- Its in the packet she submitted. COUNCILMAN STROUGH- Okay SUPERVISOR STEC- I mean right, it’s the changes to how things flow there since you’ve made them are working, there is no doubt about it. I really don’t think that there is any risk at the Planning Board or at this Board and perhaps somebody is going to say well than darn it why are you so focused on process, and like I said it’s because I’ve been in the room, and it will happen again somebody will come in and they will say why are you doing favors for Doug Miller in the Dome? I don’t want to subject myself or to anybody else on this Board to that criticism. MR. MILLER- Are we doing favors, I mean she… guidelines in here are sixty days prior to the event and like I said it was well over 100 days, 120 days, 130 days something of that order. COUNCILMAN STROUGH- And not only that Dan MR. MILLER- It has taken 90 days to get Craig to sign off on it so that it could get submitted. COUNCILMAN BOOR- It’s a point well taken SUPERVISOR STEC- So, alright, we don’t have a resolution prepared COUNCILMAN BOOR- Can we have one and do it tomorrow when we do that other resolution? SUPERVISOR STEC- I suppose we could, yeah COUNCILMAN STROUGH- Well, I think you don’t have to formalize a resolution you can basically just say that the Board is going to approve SUPERVISOR STEC- We’ve got one on the computer we can do that for tomorrow. So, I’d entertain a motion to table this motion then. You want to play it that way? COUNCILMAN BOOR- Yes. Yeah, just pull it. SUPERVISOR STEC- Alright moved to table by Roger and seconded by COUNCILMAN SANFORD- I’ll second it SUPERVISOR STEC- Rich to table MR. MILLER- I can give you a copy of the resolution that you approved for the last one. I’ve got it with me SUPERVISOR STEC- I’m sure you’ve got them. No, we will have this on for tomorrow COUNCILMAN SANFORD- Doug, we will have this on for tomorrow. We will probably do it first thing. MR. MILLER- Tomorrow is? COUNCILMAN BOOR- Tuesday. At 4:30 we have a special workshop for this pilot program for Tribune REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 665 SUPERVISOR STEC- You are certainly welcome to come. I don’t think there will be any issue with COUNCILMAN SANFORD- Can we do this first SUPERVISOR STEC- Oh, yeah, we can do this first. Doug, what was the date on the one we approved before then? Was it February? th MR. MILLER- February 5 th SUPERVISOR STEC- So at a February 5 meeting there is a similar one in there we can probably go in and use that MR. MILLER- Resolution 6.15 (2) SUPERVISOR STEC- Alright, Stu will you talk with Craig and coordinate with Craig and I guess Rose tomorrow to get a resolution ready for 4:30 to approve and you can use th 6.15 from February 5. MR. MILLER- 6.15(2) th SUPERVISOR STEC- Parenthesis 2, why was there? Well, anyways just February 5 we’ll find a relevant, similar resolution to approve and then we will insert it on the agenda tomorrow. Alright, on the motion to table all in favor “I”. Alright, unanimously tabled. Tomorrow we will have that and we will approve it and Doug our understanding is in fact that we are going to have a workshop sometime in July and we are going to come up with a game plan to wrap up the transient merchant issues so that we don’t put people like Ms. Watson in the middle again. MR. MILLER- So the workshop won’t be until July SUPERVISOR STEC- Oh, yeah. COUNCILMAN BOOR- And the rest of them are very busy right now SUPERVISOR STEC- Yeah, we’re booked MR. MILLER- Early July th SUPERVISOR STEC- So that will be the sixteenth -- July 9 COUNCILMAN BOOR- You only have one more workshop in June SUPERVISOR STEC- I’ll let you know tomorrow or the next day what day in July and if it is not good for you we’ll find a day. Any other discussion? Okay, I’ll entertain and motion to adjourn. RESOLUTION TO TABLE 304,2007 RESOLTUION REFERRING ANN WATSON/TWO WOMEN AND A SHOW’S APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET TO TOWN PLANNING BOARD RESOLUTION NO.: 305,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-18-2007 MTG #26 666 SECONDED BY: Mr. Richard Sanford Resolved, that the Town Board of the Town of Queensbury hereby tables Resolution No.: 304, 2007 Resolution Referring Ann Watson/Two Women and a Show’s Application for Transient Merchant/Transient Merchant Market to Town Planning Board th Duly Adopted this 18 day of June 2007 by the Following Vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 306, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 18 day of June, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury