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2008-05-19 MTG. #211 TOWN BOARD MEETING 05-19-2008 MTG. #21 TOWN BOARD MEETING MTG. # 21 MAY 19, 2008 BOH 7-9 7:00 p.m. RES. 272-291 LL 5 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SR. PLANNER STU BAKER PLEDGE OF ALLEGIANCE LED BY TIM BREWER PROCLAMATION FOR QUEENSBURY SCHOOL NORDIC TEAM Supervisor Stec-We would like to take a minute before we move into our regular meeting to recognize the accomplishments of two of our Queensbury High School Athletic Teams the Girls and Boys Nordic Ski Teams were both successful State Champions in 2008. Supervisor Stec and Councilman Strough presented both the Girls and Boys Nordic Ski Teams with plaques from the Town of Queensbury acknowledging their accomplishments. Coaches Rob Underwood and Isabelle Dickins and Athletic Director Scott Stewart were present with the members of the Ski Team. Coach Underwood introduced the members of the ski teams and thanked them for their work, we have a great community. ANNOUNCEMENT: Supervisor Stec-This afternoon we did receive a request from the application from one of our public hearings having to do with the rezoning that was sought for the Dunhams Bay Resort area, the applicant has withdrawn their petition, this no longer an active item before the Town there will be no public hearing on this, this evening. Noted that they still have an avenue available to them with the Zoning Board of Appeals and that application is still valid. 1.0ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 272,2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 19 day of May, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2 TOWN BOARD MEETING 05-19-2008 MTG. #21 QUEENSBURY BOARD OF HEALTH 1.1Public Hearing on Sewage Disposal Variances for Kenneth and Carol Fuschslocher NOTICE SHOWN TH PUBLICATION DATE: MAY 9 2008 Supervisor Stec-If the Fuschslocher’s or their agent are here they can certainly come to the microphone because we may have some questions for them as we open the public hearing. What was sought from them, we had set this public hearing two weeks ago and the property is located at 2948 State Route 9L in Queensbury up near Lake George. The two variances that they are seeking from the Town from Chapter 136 to install a replacement septic tank. They would like to be thirty one feet from lake George and lieu of the required fifty foot set back and one foot from the foundation instead of the required ten foot setback. So those are the two variances that are being sought and with that said Ms. Fuschslocher did I accurately represent what you are seeking from the Board tonight? Mr. Fuschslocher-Yes it is. Supervisor Stec-Do you have anything that you want to add, I imagine that the Board may want to ask a few questions and then we will open it to the public. Do you have anything that you feel that should have been added? Mr. Fuschslocher-I do not think so. Supervisor Stec-Questions from the Board before we… Councilman Montesi-I have a question, was this the property where you owned a piece across the road and there was an option of going across the road with the septic field? Mr. Fuschslocher-No, Sir. Councilman Montesi-This is not the one then. Councilman Strough-But, this is just putting in a new holding tank. Mr. Fuschslocher-Yes, the septic tank. Councilman Strough-Yes, septic tank, yes you are right. The only thing I noticed I was up there yesterday, was that your infiltration field is currently on your driveway? Mr. Fuschslocher-My Councilman Strough-The infiltration bed Mr. Fuschslocher-You mean the Councilman Montesi-Leach field? Mr. Fuschslocher-The leach field, no Sir. Councilman Strough-No? Mr. Fuschslocher-No, I put in an Elgin System two or three years ago. Councilman Strough-Where is that in relationship, I do not know if what we got was outdated then? 3 TOWN BOARD MEETING 05-19-2008 MTG. #21 Mr. Fuschslocher-It should be on record. Councilman Strough-When I pulled in there was higher ground to my left and then what looked like to be a garage Mr. Fuschslocher-Yes. Councilman Strough-that is not used for automobile garage anymore it may have at one time but it looks like you do your parking at the lower level? Mr. Fuschslocher-No, Sir. You park up on the upper level in front of the garage. But the Elgin System is as you look toward the lake it is on the right hand side it is six feet from the stone wall it runs parallel with the stone wall. Councilman Strough-Ok, well the drawings must be inaccurate. That was my concern, I do not have a problem with where you want to locate your tank. Mr. Fuschslocher-Ok. You mean what the surveyor did? Councilman Strough-Yes. They show the septic system where it is kind of where your driveway is. Mr. Fuschslocher-The doted line represents the Elgin System. Councilman Strough-Well then I parked right over it? Mr. Fuschslocher-You may have. I do not know. But, the proposed garage which is also on record is going to be twenty four feet wide and the parking would be in front of the garage not over that Elgin System. Councilman Strough-You know what I am saying, when I pulled in it seems like naturally where I pulled in seems to be where everyone was pulling in, it was a driveway. Mr. Fuschslopcher-It shouldn’t be. Councilman Strough-Well, the Elgin System should work. Mr. Fuschslocher-It is. Councilman Strough-I was just going to say that you know, that you cannot drive on these systems but what you are telling me you don’t it is not there. Mr. Fuschslocher-No, you are not supposed to. Councilman Strough-Yea, ok, all right. Supervisor Stec-Does the Board have any other questions for Ken or Carol at this point? I will open this public hearing and if there are any members of the public that would like to comment on this public hearing I would ask that you just raise your hand. No one spoke. Is there any other questions from Town Board Members? No one spoke. I will close the public hearing and entertain a motion. RESOLUTION APPROVING KENNETH AND CAROL FUCHSLOCHER’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.:7, 2008 BOH 4 TOWN BOARD MEETING 05-19-2008 MTG. #21 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Kenneth and Carol Fuchslocher an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic tank: 1.31’ from Lake George instead of the required 50’ setback; and 2.1’ from the foundation instead of the required 10’ setback; on property located at 2948 State Route 9L in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on Monday, May 19, 2008, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Kenneth and Carol Fuchslocher for variances from the Sewage Disposal Ordinance to install a replacement septic tank: 1.31’ from Lake George instead of the required 50’ setback; and 5 TOWN BOARD MEETING 05-19-2008 MTG. #21 2.1’ from the foundation instead of the required 10’ setback; on property located at 2948 State Route 9L in the Town of Queensbury and bearing Tax Map No.: 239.20-1-14. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2Resolution Setting Public Hearing on Sewage Disposal Variance of Larry Clute RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LARRY CLUTE RESOLUTION NO.: 8, 2008 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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, Larry Clute has applied to the Local Board of Health for variances from Chapter 136 to install a septic system: 3.7’ from the property line instead of the required 10’ setback; and 4.81’ from wetlands instead of the required 100’ setback; on property located at 35 Meadow Drive in the Town of Queensbury, NOW, THEREFORE, BE IT 6 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public nd hearing on Monday, June 2, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Larry Clute’s sewage disposal variance application concerning property located at 35 Meadow Drive in the Town of Queensbury (Tax Map No.: 297.17-1-27) 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 19 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None Discussion held before vote: Board requested that Dave Hatin not be the agent for this application he will be the owner of the property, will have application changed before hearing date. Board requested that the Town Engineer look at this application. Councilman Montesi-noted that Mr. Hatin has requested that DEC re-delineate the wetland area. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 9.2008 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting of the Queensbury Board of Health. th Duly adopted this 19 day of May, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY TOWN BOARD 2.0PUBLIC HEARINGS 2.1Public Hearing – Adopting SEQRA Negative Declaration and Amending Zoning Ordinance to change classification of property 7 TOWN BOARD MEETING 05-19-2008 MTG. #21 owned by Brian Nelson from Suburban Residential – 20,000 Square Feet (SR-20) to Light Industry (LI) NOTICE SHOWN PUBLICATION DATE: MAY 9, 2008 - Councilman BrewerRecused himself from this public hearing. Supervisor Stec-This property is located at 475 Corinth Road it is on the south side of Corinth Road down near one of the utility lines for National Grid. It is currently as it was explained to us in a Town Board workshop and I will let the applicant or his agent correct me if I miss-speak, it is currently being used in the manner that would be consistent with light industry and there is light industrial property across the street from it. The bottom line is that he is looking to expand the business and it is currently a non conforming use and that is why he had come to the Town Board seeking our consideration to see if we would rezone it to LI. Is that correct Mr. Lapper? Attorney John Lapper-That is pretty much the story, I will give a few more details. Thank you Dan. For the record, John Lapper with Brian Nelson the applicant. For those of you who don’t know Brian he owns Glens Falls Plumbing and Heating, he is a resident of Queensbury living with his wife Beth on Dixon Road and his business has been in the area for twenty years. Six years ago he relocated from Main Street in Glens Falls to this location on Corinth Road, because the building became available and he liked the building and he liked the property. Since he moved in he spent a bunch of money fixing the place up and he has a building next door. There is a series of four buildings on the property and the one next door that is what is the reason for bring us here for this rezoning request. He has a lease offer from a plumbing supply company that wants to come into town from Vermont, they would have about five employees, about two of whom would be at the site plus a sales person and a delivery person. But, it is a very compatible use with his plumbing and heating business. You, know some nice jobs for town and an investment to fix up that building next door as well, that is the building on the west side. Because the property is now zoned SR, Suburban Residential anything that he does to the building to fix it up at all would require a use variance. Historically this was a kitchen cabinet, manufacturing and retail store for most of the last twenty five years that I can recall, before it was vacant for awhile and then Brian moved in. So, this is a case of clearly a prior non conforming use it is not residential there is nothing about it that could be converted to residential and Brian is very pleased to have his business relocated there, he plans on being there. So, we are here to just ask if this could be changed back to light industrial so that it would allow him to fix up the building next door just to make some cosmetic changes, clean it up and to lease it to this plumbing supply company. We think it is compatible there is a light industrial on Corinth Road the Carey Industrial Park and the lands around there and the property across the street that is zoned Commercial Industrial. We do not anticipate that there would be any significant traffic increase we are just talking about you know, small facility but it would be helpful to plumbing contractors to be able to stop by and pick up parts. That is really it, any questions for me or for Brian? Supervisor Stec-Questions from any of the Board Members before I open the public hearing? No one spoke. I will open the public hearing, is there any members of the public that would like to comment on this rezoning application, again, 475 Corinth Road. No one spoke. I will close the public hearing. First we will do SEQRA. PART 2- SEQRA FORM LONG FORM 1.Will the Proposed action result in any physical change to the project site? NO 2.Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3.Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 8 TOWN BOARD MEETING 05-19-2008 MTG. #21 4.Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? NO 6.Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7.Will proposed action affect air quality? NO 8.Will proposed action affect any threatened or endangered species? NO 9.Will proposed action substantially affect non-threatened or non-endangered species? NO 10.Will the proposed action affect agricultural land resources? NO 11.Will proposed action affect aesthetic resources? NO 12.Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13.Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14.Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15.Will there be an effect to existing transportation systems? NO 16.Will proposed action affect the community’s sources of fuel or energy supply? NO 17.Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18.Will proposed action affect public health and safety? NO 19.Will proposed action affect the character of the existing community? NO 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY BRIAN NELSON FROM SUBURBAN RESIDENTIAL – 20,000 SQUARE FEET (SR-20) TO LIGHT INDUSTRY (LI) RESOLUTION NO. 273, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 9 TOWN BOARD MEETING 05-19-2008 MTG. #21 SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is considering a request by Brian Nelson to amend the Town Zoning Ordinance and Map to rezone Mr. Nelson’s property bearing Tax Map Parcel No.’s: 308.19-1-66 and 308.19-1-65 and located at 475 Corinth Road, Queensbury from Suburban Residential – 20,000 Square Feet (SR-20) to Light Industry (LI), 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 WHEREAS, the Town Board duly conducted a public hearing and heard all th interested parties concerning the proposed rezoning on Monday, May 19, 2008, and th WHEREAS, on or about May 14, 2008, the Warren County Planning Board considered the proposed rezoning and determined that there would be no County impact, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone a parcel of property owned by Brian Nelson bearing Tax Map No.’s: 308.19-1-66 and 308.19-1-65 and located at 475 Corinth Road, Queensbury from Suburban Residential – 20,000 Square Feet (SR-20) to Light Industry (LI), and BE IT FURTHER, 10 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to send a certified copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None ABSTAIN: Mr. Brewer 2.2Public Hearing – Adopting SEQRA Negative Declaration and Amending Zoning Ordinance to change classification of property owned by Capital Region Properties, LLC from Rural Residential – 3 Acres (RR-3A) to Recreational Commercial – 3 Acres (RC-3A) NOTICE SHOWN PUBLICATION DATE: MAY 9, 2008 APPLICANT WITHDREW HIS REZONING REQUEST 11 TOWN BOARD MEETING 05-19-2008 MTG. #21 2.3 Public Hearing – Compost Education Programs and Enacting Local Law No. of 2008 to Amend Queensbury Town Code by adding new Chapter NO. : 97 Entitled, “Composting” NOTICE SHOWN PUBLICATION DATE: MAY 9, 2008 Supervisor Stec-We set our public hearing also two weeks ago, there was some discussion and some concern I believe then and since then I think there is still some concern amongst Board Members so as I do for all of our agenda items I will try to frame the discussion and then we will certainly open to public comment. We have had a few instances in the last few years, fortunately not many, and certainly the Town is not trying in any way discourage composting, in fact we like very much to encourage it. However, there is, like foreinstance what comes to mind is a we had a problem with outdoor furnaces and it was a case where we had one problem situation that was driving a bunch of neighbors nuts and then the vast majority of others in the Town and there is not that many also, but had no problems and no one complaining about it. However, the couple of instances in the last couple of years that we have had were pretty egregious and Dave Hatin and Craig Brown were asked by myself and I believe another Councilman at least for one of them to go and look at this and we have seen pictures and there was nothing in the code regulating it at all. I think most reasonable people would look at that and say that is not right and in fact what will happen is then you will have composters perhaps some tonight are saying why are we looking to regulate something I am a good guy. I am not doing anything wrong because it is good for the environment, and all that is true, however, you know, occasionally we run into situations where you like you want to be able to help somebody that has a problem. There is absolutely nothing on the books regulating it. So, we took an attempt and we did what I thought was a most reasonable thing we asked our Code Enforcement people who see these things and often shrug their shoulders and say sorry our hands are tied there is nothing in the code, Dave Hatin and Craig Brown to work on something with Town Attorney Cathi Radner who could come up with something. I think that we felt it was reasonable to address the size limitations, provide for a set back. Limit the source of composting materials to the property that has generated on which again for most people in a residential neighborhood the stuff is coming from their kitchen and going into their own back yard. They are generally not accepting stuff from other people’s kitchens or other people’s lawns in their back yard. One of the cases that we had a concern about the pile was located in the front yard area, directly across the street from somebody’s elses front porch so we try to regulate steer the stuff as far as piles go to the rear of the yard. Again, I think most of the stuff that we have tried to touch on is common sense and perhaps some would argue it need not be legislated however the photo’s that we have seen over the years I think some people would say its appropriate. But, allow me if you will to just hit on, this is just addressing residential composting so the intent here is not to address any commercial property situations, but specifically residential composting, is single family or two family residential dwellings, there is a limit, I am going to read through the restrictions here, limitations. Composting will be limited to materials generated on the premises. Composting may not include meat, fish, dairy products, treated wood or dog or cat feces. Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin. Compost may be maintained in a maximum of two compost bins, each up to 9.5 cubic feet or 71 gallons maximum. Compost containers acquired from or through the Town as part of a Town-sponsored program which is also provided for the creation of this allowed in this code. So, that is the source of that. As part of a Town sponsored program will be deemed compliant with this Chapter. So, if we come up with a container that is different than 71 gallons, if the Town is sponsoring it, it is deemed compliant. Compost that is not maintained in bins may cover an area no greater than a 100 square feet and a volume of no greater than 250 cubic feet, so that is almost 12 TOWN BOARD MEETING 05-19-2008 MTG. #21 ten yards of material. Compost that is not maintained in compost bins must be stored in the rear of a residential premises. For corner properties, the architectural front of the property will be considered the front. That is standard language for corner properties. All Composting bins or areas must be located at least 12 feet from all property lines. Then there is standard enforcement language, the Director of Building and Codes has the authority, the Code Enforcement Officer has the authority, the standard penalty language that talks about a maximum fine of up to $950.00 for the first offense and imprisonment for not more than one year for the second offense. I think that has been a concern, cause of concern and confusion for some, it is very standard language there are many, many, many places in the Town Code that refers to a $950.00 fine and imprisonment for a second offense. The practical application talking to Cathi Radnerwho has represented the Town for about a decade, is that she cannot recall any Judge ever issuing the maximum fine, however, if the Town ends up going to court and starts spending a lot of effort into this the $950.00 serves as some sort of deterrent and also allows for some revenue to recoup our Attorney’s time costs. But, again it is standard language in many other portions of the Code, and that is it. I think our intent here was to address some issues give our Code Enforcement people a tool and then see how it goes and if we need to tweak this because we run into problems with that, that were unforeseen like a lot of other parts of our Code it can always be tweaked. But, I felt that I should at least read what it covers and then we can take comment from there as to whether or not anyone finds any of that unreasonable. So, with that said, I will open the public hearing. Councilman Montesi-Dan, when this was first proposed I thought that it was a step in the wrong direction, I thought we were being too controlling, but going down and talking to Dave Hatin and taking a look at the pictures we had one instance where a fellow owns a lot next door it is a empty lot but he invited all of his neighbors to put their grass cuttings on it and in that front yard of the empty lot and the neighbors across the street have to put up with a heck of a stench. We had no way of controlling that or forcing the guy to have only his grass cuttings on that compost and also putting it to the rear of the property. So, I do not think what we are asking is unreasonable and I think we want to still continue to have folks composting. But, it should not have to be a neighborhood pile. Councilman Strough-Well, and I agree with you Ron and Dan that we do have to give our Code Enforcement Officers something to work with and I do like the intent of this law to promote composting and reduce municipal waste and solid waste, encourage, promote recycling composting, produce soil enriching product it is all good, but I just had some questions that I thought were a little bit ambiguous in the law in the way it is written. I thought we could sit down and maybe fine tune it and that still may happen. Supervisor Stec-I think we might even be able to do a lot of that tonight, I really honestly do. I think that there probably, give us a swing at it. Councilman Strough-Let me share some of my concerns. On A it says generated on premises. I am not quite sure what that means, for example, I know I have a compost in my back yard and during the summer we throw the watermelon rinds into our compost pile. Am I doing something illegal? Supervisor Stec-No. Councilman Brewer-No. Supervisor Stec-You mean if you buy it somewhere else and bring it to your house and use it and then put it in your compost pile? Councilman Strough-Yea, so ..chips, corn husks, watermelon Supervisor Stec-If you are taking your next door neighbors refuse or lawn clippings then you, then you would be Councilman Brewer-created on your property. Councilman Strough-Even if it is food waste? 13 TOWN BOARD MEETING 05-19-2008 MTG. #21 Councilman Brewer-Yes. Councilman Strough-Ok. I was not sure because generated was not explained, but if that is it that is fine with me, I will go onto the next issue. In C it says that the compost must me maintained in a sanitary manner, now that is kind of a judgment call, I thought maybe a definition or a clarification for sanitary would be helpful. Supervisor Stec-Well, again our Code Enforcement folks wrote it. Councilman Strough-Well, I mean what is sanitary to one person and well, ok. I just thought it was ambiguous. Supervisor Stec-Well, which does not create, it goes on to say in C which does not create unreasonable odors or attract vermin. So, I would assume if the Code Enforcement guys go out there and it is stinking to high heaven and he sees rats running around it that is probably not sanitary. I honestly thought it was pretty clear. Councilman Brewer-Just so you know John, two weeks ago when we had a meeting we proposed and passed a law that included the composting and I cannot remember the other part of the law, but it doesn’t matter. There is another community and got a letter from a lady that this community provided composting bins for certain residents whatever the cost was they could pass that along the residents could come in and buy the composting bucket or whatever you will at their cost. It is perfectly legal, I am looking into that situation now, so it maybe something that we end up buying them and they cost twenty bucks or whatever the fee is, we have them at the transfer stations and people want to buy them you have your compost container right there you can put it wherever you want in your yard as long as it is twelve feet away from the property line. It is a sealed unit so it does not create the odor and whatnot. Councilman Strough-Now, I own three acres and I am not bragging people own more than that, but if a tree falls down I cut it up and leave it in a big pile right on my property, now I suppose you could call that composting, I am not sure. I mean I did not see, I did not think I was doing anything wrong by doing that, but this law does not clarify whether that would be, is that legal or is that a compost pile that is illegal? Because I may exceed my composting limit. Councilman Brewer-It is not a compost pile. Supervisor Stec-It is a brush pile. Councilman Strough-It is a brush pile. Councilman Metivier-John, there is a definition of compost in this resolution, a mixture of primarily vegetable matter, including but not limited to fallen leaves, wood chips, pine needles, sawdust, grain, coffee grounds, egg shells and so on an so forth. So, you know what you are talking about isn’t in the definition of compost. Supervisor Stec-That is brush. Again from a practical standpoint this would be one of those situations where somebody is composting and we are not looking at aerial maps we are not going..we will get a complaint they will go out. Councilman Strough-And I know and I know and I am sensitive and I agree with you that we can do something, I am just you know, I am just wondering, I just had some questions about this particular law and we did not have a work shop on it so, now is the only time that I have the opportunity to do so. Containers brought from the Town would be compliant. Supervisor Stec-So, if we find one a deal on one like we do or do we still do the bags. No we decided to get out of that because we were competing with Lowes and Home Depot and ACE and others, but if we decided, but it would not be your office it would likely, 14 TOWN BOARD MEETING 05-19-2008 MTG. #21 Tim, I would assume we are not trying to set that up here but I would assume that if we were going to start offering containers Councilman Brewer-We are going to try and set it up. I am going to try and set it up at the transfer station. Supervisor Stec-That is what I thought, at the transfer station. Councilman Strough-All, right so you can use the Town bins Supervisor Stec-Or bins that are smaller than Councilman Strough-Or bins that are smaller than the towns and you are allowed two compost bins, 9.5 cubic feet or 71 gallons but must not be exceeded. All right like I am saying this doesn’t vary if you have a quarter acre lot or if you have got thirty acres you are going to be limited to this. Ok. I Supervisor Stec-Again the intent here wholly here at the end of the season if we find out that we had a problem we will fix it. Councilman Strough-I know what the intent is, I just Supervisor Stec-I think that as hard as we try to think of everything tonight there will be something that we will not think of. Councilman Strough-Well, I know. Councilman Metivier-I do agree though I mean, I have acres to and we bag our clippings so. Supervisor Stec-And that might be something that we look at, maybe even tonight. Councilman Metivier-I think we could be over that access by you know, mid summer. Councilman Brewer-We are going to send the compost police up to your house, Tony. Councilman Strough-Well, it is a $950.00 fine the second offense you are going to throw me in jail. Councilman Brewer-No, no, no John that’s Councilman Strough-It’s in the law. Councilman Brewer-That is the extreme. Councilman Strough-I know it is the extreme, but it is still there it is still possible I would hate to throw somebody in jail. Now the last one though, the last item though is probably the one that I am just having a little trouble with, because I was on the Planning Board a lot of times we encourage, matter of fact we even mandates, as a matter of fact we even make them put it in their deeds that ten foot of their side lots, ten foot to their rear lots will be in no cut zones to leave buffers between them and other neighbors, now that it ten feet now that is primarily where people are putting their composting now. This says it has got to be twelve feet from their property line. So, this forces compost actually into people’s lawns. Supervisor Stec-I checked with the Attorney because I know that you asked specifically about that one and they felt that if we wanted to make that number smaller than twelve that we certainly were well within our right and flexibility to do that tonight. Councilman Strough-That might be helpful. And the other one that is too, I talked to one other person about this I was just trying to get a feel to see which way the public is going to feel about this and what are the unique situations that come up because the law is 15 TOWN BOARD MEETING 05-19-2008 MTG. #21 pretty precise. He said I would be violating the law, what my neighbor and I do right now is we share a compost pile that is right on our property line and he said we would both be violating this ordinance, because we do not meet the 12 foot set back and our compost pile probably in total size exceeds what the town allows. But it is both of our pile. Supervisor Stec-I will tell you a funny antidote on that on a similar situation with storage sheds, personal antidote, before we moved at our last lot somebody that you and I both know actually all of us know, was a back yard neighbor of mine and we were talking about installing tool sheds in the back yard. I told him, I said I cannot remember what the set back was but I told him I said you know I will not say his name because I won’t embarrass him, but I pointed out to him I said you know the Code says that our sheds are supposed to be this far off the line and so, oh come on we are going to give up I think it was five feet. Yea, I said we have got to have ten feet between our sheds five on either side of the line. He is like who is going, if you and I both and I am sure, and my point here is I am sure there are a lot of tool sheds out there that neighbors have hey if you don’t care and I don’t care we put them on the line Craig Brown might care if he shows up but chances of Craig Brown showing up until one of us irritates the other one and now we have a problem. So, I could see our point but again from a practical application if two neighbors decide to do that I do not know if the Town will ever know, when it becomes a problem with and that is what started this, with a smell and all that. Councilman Strough-And I understand that and you know like I said to begin with you know the intent of the law is good, I thought that maybe some points could use some fine tuning as far as definition and some points were a little too strict. But lets see what the public Supervisor Stec-I was just going to suggest, I think that we have given this a pretty good frame work now for the public discussion and we will take public comment and we will see where we go from there. I did ask John from our e-mails last week the Attorney how much flexibility and obviously the purpose of the public hearing is to hear from the public and we can tweak it and if it is minor enough we can correct it and go on our merry way. Councilman Montesi-Dan, just two points that John raised, if twelve feet is too much maybe that ought to be six feet, primarily because we are asking folks to leave a buffer. The other comment is if we said up to one acre a hundred square feet is the maximum volume that is ten by ten and lets say we said two to five acres, twenty by twenty which would give four hundred square. If you have a five acre lawn you are going to create a good pile of grass clippings. Supervisor Stec-I had thought of that as well and again we will take public comment and if then I suspect that maybe something that will set better with people and I ask like again Cathy and she felt again that especially since right now we have no restrictions that we were free to modify that this would be minor enough if we wanted to add that. So, I think that we could probably address it all tonight. So, is there anyone that wants to comment on the composting? Mary Lee Gosline-25 Blind Rock Road I have, between my daughter and I we have thirty acres now we just bought a chipper and we are chipping around all the brush and a lot of the debris and we are going to have quite a large pile. Now, how long can that pile be there, I am going to be using it for other things and like he said you know its three acres or thirty acres so how long can a pile of wood chips be there because it is going to be something that I will be using, it is a material not just a pile of compost. Councilman Brewer-But, Mary Lee your chipping it and you are using it I am guessing for landscaping. Ms. Gosline-I am going to be using it for trails. Councilman Brewer-So, you are not really composting then. 16 TOWN BOARD MEETING 05-19-2008 MTG. #21 Ms. Gosline-Ok. We also have horses with manure piles is that under composting? Councilman Strough-Farms too, should farms and people with domesticated animals be given exemption from this because they certainly create or exceed the bin age requirements. Ms. Gosline-Well, if you saw my compost pile it is about the size of this, you know about the size of this table. Councilman Brewer-We could make a limit one acre be ten by ten, five acres make it twenty by twenty and so on and so forth . Councilman Strough-And give exemptions for domesticated animals and farms. Ms. Gosline-And like you said it is complaints and I have been there twenty six years and no one has ever complained, so. Supervisor Stec-That is what I was trying to say from a practical application, unless you significantly deviated what you have been doing the chances of anyone ever knocking on your door are nil. Again, had you been privy to half acre neighborhoods, new construction on half acres and something that you described on your thirty acres on half acre lot that was the impetus for what we are talking about. Ms. Gosline-And you are right to describe what to put in them because if you put in eggs, or meat then you are going to have problems. Councilman Strough-The way that this law is written I can put eggs in right? Ms. Gosline-No, you should not put eggs or meat anything like that. Councilman Metivier-Egg shells Supervisor Stec-Egg shells. Councilman Brewer-No eggs. Ms. Gosline-Egg shells, but if you had chickens they would eat them. Supervisor Stec-Not eggs, not include dairy Councilman Strough-That is what I am saying maybe we ought to exempt people with farms and domesticated animals or Supervisor Stec-Well and again, because of other parts of our Code you have so many other hurdles to get over to have domesticated animals that may not be a bad thing, if you are allowed to have domesticated animals maybe you should be exempt. If you raise to the level where you qualify to have a domesticated animal. Is there, Don. You want to know where you can buy it, right? Mr. Don Kruger-I live at Osprey View in Queensbury Last July I worked on a mans house when it got all done he invited me to sit on his front porch. The smell coming from across the street was so bad it wasn’t compost John, it was a dump. It had three neighbors that were obsessed with a green lawn, dumping their trash their residue from their lawn clippings. One guy came home from work and to be honest about it he never kissed his wife or kids hello, he got out of his car he went to his shed got out his mower and started mowing his lawn cross ways in the other direction from what he had done it last night. Brought the clippings up and dumped them across the street from this man’s house. It is not compost, it is a garbage dump and its generated enough clippings that it looked like a commercial operation. The stench was so bad you couldn’t sit on the mans front porch. The man’s wife is sick, she is in the hospital she is in a wheel chair and I got to tell you gentlemen I think it is unfair for some neighbors to do that to another neighbor. 17 TOWN BOARD MEETING 05-19-2008 MTG. #21 Councilman Strough-But grass clippings would be allowed, Don under this. Mr. Kruger-They should but John there is a difference between cutting your own lawn then going across through a development gathering up everybody you can to create a spit fence and all this is, is a spit fence that those neighbors are doing to harass these people. Councilman Strough-I agree with you I am just wondering if we are accomplishing what we wanted to accomplish without Mr. Kruger-I agree, composting is a wonderful thing. Councilman Montesi-Well, it wouldn’t be in their front yard. Supervisor Stec-Right, it would prevent you from the front yard, I think everyone can agree with that, that you do not want a compost pile in your front yard. Mr. Kruger-Right across from these people’s yard and then Dan I am sorry Councilman Montesi-Secondly it would only be the guy that owns the lot. Supervisor Stec-And you cannot create unreasonable odors. So, this would address that. This would give us a tool to say you are creating a unreasonable odor now. Mr. Kruger-I drove down the street today we are in the third week in May there is already a pile of garbage there from their lawns and it is not compost, compost has a connotation of mixing it together and doing whatever. Councilman Brewer-I have had a compost pile every since I built my house in 1988 and I go out to the shed and you do not know that it is there because you stir you constantly add to it and you take away from it and you put it in the garden and you just do not know it is there, if you do it right. Supervisor Stec-If you do it right no one would know it is there. Mr. Kruger-I will leave you with this thought. This is part of a spit fence the smell of it was disgusting as is what I think of those three neighbors that are doing this to harass this woman. Supervisor Stec-Thanks Don, and I suspect I am not familiar with the case you just talked about but I suspect that one or the other cases that we saw was a neighbor and neighbor issue which is unfortunate. Is there anyone else that would like to address the composting? Yes, Sir. Mr. Richard Lenaghen-21 Berry Drive, Queensbury If I may approach the Board I just have a plot plan of the neighborhood I think it would help. Councilman Strough-It would because I have driven over there two or three times looking for this. Mr. Lenaghen-Also, I have a folder Supervisor Stec-Do you want us to pass it along, do you want it back? Mr. Lenaghen-You may keep it as long as you want to. Supervisor Stec-All right thanks, ok, yes, Sir. Mr. Lenaghen-I will start by saying I appreciate this public forum. My wife is currently at Sunnyview so she cannot be here, suffered a second stroke and that’s so I will talk on her behalf. If you will indulge me I am a retired New York State Corrections Officer, my wife Rosanne, graduated from Brockport University at the age of 21 with 3.8 average she 18 TOWN BOARD MEETING 05-19-2008 MTG. #21 taught in the Newburgh School System until she, 1994 she became disabled. Just in short she had a kidney transplant, she has mom’s kidney, there is a picture of mom in there. Been in Mass. General in Boston, she has been fighting diabetes over thirty years, we have been to NYU Columbia Presbyterian she as a suppressed immune system. She has been in Albany Med eighteen times in the last year and a half. She is wheel chaired bound. The front porch is her world. She can’t walk, Supervisor Stec-Sir, they are having a hard time hearing you can you pull the mic. Mr. Lenaghen-Sure, I wanted to say that the front porch is her world she is wheel chair st bound now, and I am going to be bring her home the target date is June 1. We love living in the Town of Queensbury and she loves to sit out there and see the children playing and the world go by so to speak. The photo’s in there will speak for themselves but this dump the stench from it and the flies that we have put up with over the last three or four years is unsightly it is a health hazard, and it is left there until late October and then it is removed. For what purpose, whether it is sold or it is just removed to get it out of there it has served it purpose to inhibit us from using our front porch. There is, the contributors to the dump if you look at the plot plan that I gave you of the neighborhood those are not addresses, lot 24 for example is a lot number originally when Mr. Cerone . built the house. MrEicher on Lot 27 you will see has quite a large lot he has dumping there for the whole time. My wife had a conversation with him two years ago when she was able to walk a little bit and asked him to stop and why he was doing it and he stated that he did not want the stench in his back yard. I think that is a very telling statement. Mr. Bernhoft of lot 23 dumps his clippings there and of course Mr. Hall and if you look at that plot plan that I gave you if you look at Mr. Hall’s lot you will see a triangular piece of property which directly across from our house. The X marks the stop where the dump has been the last four years or so or maybe even five I am not sure. Zero or the L marks its current location. It is back in the trees a little bit but trust me it still stinks. Councilman Strough-Is that the pile that is in the sumac? Mr. Lenaghen-Yes. That is correct, yes, John. And the pictures will show I took a th picture of it on the 15 and you will see the size of it in proportion to a snow shoves. So, I would like to say this, unreasonable people need reasonable laws and codes to guide them. Roseanne and I we have nothing against proper composting as a matter of fact we encourage it. But, for the exclusive use and material from said property for the person, you know, that occupies the property. But, after the experience we see the need for a local law with some teeth given the Town authority a law to enforce. Some of the things that we ask is that a neighborhood dump be strictly prohibited. Materials from your own property where you live period. I have communicated this with the Town Officials on numerous occasions, Mr. Stec, via telephone, e-mail, Mr. Hatin has been out, I have basically been met with, they need some type of authority some type of law, that is why this petition, this law this code is so very, very important, because unreasonable people are just that by nature and they need some sort of guidance, unfortunately. We ask that a proper composting site be in the back yard directly behind the dwelling at the common or farthest point from the street of the front of the dwelling not on the side or in close proximity to the common thoroughfare of the neighborhood. Where this dump has been and still is. If it is not maintained properly we ask that the Town be able to take some sort of legal action to bring the homeowner into compliance, fines, etc. That the size be reasonable for the neighborhood and that the residential neighborhood be required to have a compost container so to be the least intrusive on their neighbors as possible. Again, in the back yard or directly behind the dwelling if the lot permits. Councilman Brewer-Who owns this triangle piece of property? Supervisor Stec-It is part of lot 26. Mr. Lenaghen-That would be Mr. Hall, Mr. Joseph Hall. Supervisor Stec-I asked about this particular case Tim, Dave and Craig said that, that is the, qualifies, that is the side not the rear. 19 TOWN BOARD MEETING 05-19-2008 MTG. #21 Councilman Strough-And whose car is that, that is parked on that property? Mr. Lenaghen-I believe it belongs to Mr. Hall or a member of his family that is parked there, it is parked there all the time. Councilman Strough-I saw it yesterday and I see it in one of the pictures. Mr. Lenaghen-It is used as a driveway I believe. Councilman Brewer-I do not understand why he would want that on his property? For the life of me I do not understand that. Mr. Lenaghan-I do not understand, I have talked to Mr. Hall before I ever came to the Mr. Bernhoft Town I have talked to Mr. Echker, I have talked to they see my wife I have pleaded by case for years and it has fallen on deaf ears and so I respectfully ask you for your help. Thank you. Supervisor Stec-Is there anyone else that would like to address the Board on this public hearing? Betty Mrs. Betty Monahan-In the first place let me say that composting properly done will not smell. Grass clippings should never go by themselves. I believe Cornell Extension already puts out a booklet on proper composting so perhaps you might want to get a hold of a batch of them and pass them out to people as an educational factor. I completely agree that you need to have the size of the compost pile, bins whatever according to the size of the property. Supervisor Stec-Thank you, Betty. Councilman Brewer-I do not know why people pick up their grass clipping anyways, the grass clippings act as a fertilizer for the lawn. Supervisor Stec-Right. Mrs. Monahan-Except if you had insecticides and pesticides on it I would not touch it with a ten foot pole. Councilman Brewer-But you do not need to use that. Mrs. Monahan-You are right. That is liquid gold. Councilman Brewer-That is right. Supervisor Stec-Is there anyone else that would like to address this Board this evening on this public hearing? All right we have had some good comment and I think that we, John threw out a few things that I think we might be able to address. I think that the two that I picked up on there may have been more I apologize if, but I thought that the two that I thought were easily discussable resoluble tonight and accountable would be the set back amount. I do not see there, I really think that there needs to be something, so I do not think there is anything we could do to address or legalize to property owners who share a line but certainly I do not think anyone here is married to 12 feet if 8 or 6 would make if you think it is a better law. Councilman Strough-If we said five foot that would give people with ten foot buffers at least five foot of compost area. Supervisor Stec-I could live with five if everyone else can live with five. It was the size the sliding scale. Councilman Strough-The other thing is I would like the Board to consider is that we give an exemption for those with domesticated animals, farms, properties under development because sometimes you have houses or developments that are going to exceed this and I 20 TOWN BOARD MEETING 05-19-2008 MTG. #21 do not know if it is compost pile or not, but she was just referring to wood chips and she is going to use it for paths. Councilman Brewer-That is not composting. Councilman Strough-Ok. Another how about if we Supervisor Stec-I am writing, trying to codify what you are saying. How about properties that qualify for an allowable animal use or animal use ie. livestock/animals? Councilman Brewer-Isn’t it in the Code that you have got to have five acres to have a horse? Councilman Strough-Yea. Supervisor Stec-That is just it, I think, right, what I think John is trying to say is that if you can have a horse then Councilman Strough-you would be exempt. Supervisor Stec-maybe you could be exempt. Councilman Strough- If your neighbors are going to complain about the smell there. Supervisor Stec-If they are not already complaining … Councilman Strough-Although I like the smell of horses, I grew up around the too. How about if we exempt lots that lets say exceed three acres, would be exempt. If I have got four or five acres I mean, I do not think my neighbors are going to complain too much, because hopefully I have got enough room. I think most of these issues have been on your traditional size lots. Councilman Metivier-half acre lots, right. Supervisor Stec-That is what was going to say Councilman Strough-I am just trying to free it up so we are not binding everybody to things that we do not want. Councilman Brewer-How about you exempt the five acres for the horses and above. Supervisor Stec-All right, let me take a swing at it. Under E. John, Compost that is not maintained in bins may cover an area no greater than: then I would propose inserting a colon, and list two things or maybe a third if you guy are inclined. The first one would be 100 square feet and a volume no greater than 250 cubic feet for lots less than or equal to one acre in size and then the second one 200 square feet or 500 cubic feet for lots and I was going to say greater than one acre and leave it at that. If you guys wanted to create a third level I do not think that’s that big a deal. Councilman Brewer-A 100 square feet Supervisor Stec-Double it, if you have under an acre. Councilman Strough-Double it for lots Councilman Brewer-Two hundred square feet Councilman Strough-One acre or less Supervisor Stec-Right Councilman Strough-And then 21 TOWN BOARD MEETING 05-19-2008 MTG. #21 Supervisor Stec-200 square feet or 500 cubic feet or greater than a acre Councilman Strough-Why don’t we just say per acre? If I have five acres you know. Supervisor Stec-That right there is 10 yards so if you have five acres you would have fifty yards of compost material that’s quite an operation. I understand the sliding, I am not saying it should be Councilman Strough-If I have five acres who cares? Supervisor Stec-And that is the other point that I was trying to make is that I do not think from a practical sense that it would matter. Councilman Strough-Technically by the law I might be doing illegal things and I have five acres and I am not bothering anybody. Why don’t exempt anybody that has over a three acre lot from this law. Because it is really targeted at Councilman Brewer-Because you can’t Councilman Montesi-You can’t Councilman Brewer-You cannot have a horse on three acres. Councilman Strough-Well, how about five acres? Councilman Brewer-Five acres. Councilman Strough-Five acres. All right. Councilman Montesi-But you still don’t want to exempt them from putting it in their front yard. Councilman Strough-Right, but lets exempt them from the size. Councilman Brewer-Five acres and above is exempt from size. Ms. Gosline-I think you can have a horse at three acres. Councilman Strough-Whatever, if you have domesticated animals you are going to be exempt period. Supervisor Stec-All right, I think I got that. Five acres, all right, here we go are you ready, leave everything the same until we get to E. Darleen you got this, or Stu? Compost that is not maintained, this is the current language; Compost that is not maintained in bins may cover an area no greater than and put a colon, and then we will list three things, the first thing will be 100 square feet and a volume of no greater than 250 cubic feet for lots of one acre size or less, the second one Darleen would be the same language except 200 square feet and a volume no greater than 500 cubic feet for lots greater than one acre in size and then the third bullet would be lots of size five acres or larger shall be exempt from the size component of this ordinance. Councilman Brewer-Shouldn’t the five hundred cubic feet be from one to five? Supervisor Stec-Yea, from one to five I mean you are right that’s, thank you for catching that Tim. You are right, so basically, equal to or less than one acre the first bunch, from greater than one acre up to five acres and then greater than five acres no limit on size in this ordinance. Then Councilman Brewer-But it still maintain the set back from 22 TOWN BOARD MEETING 05-19-2008 MTG. #21 Supervisor Stec-All we are saying is from size in fact we may want to say from this, from this size limit. Then going in order under G. we had twelve feet now, John has suggested five I think five might be a little narrow, I mean, six, eight, I would feel better with six. Councilman Brewer-Why don’t we cut it in half and say six. Supervisor Stec-Cut it in half and call it six I think we can all live with six. So, six feet and then the last change and I think it is also a very minor change is would be a new letter H. and I am still struggling with the language but I think that we want to say property, this is to talk about livestock, property with an allowed livestock use how about that, properties with an allowed livestock use shall be exempt from this ordinance. Councilman Strough-And farms. Supervisor Stec-Properties and farms. Councilman Strough-Right. Supervisor Stec-Farms and properties with an allowed livestock use, which really..farmers. Councilman Strough-or agricultural,well Supervisor Stec-Well the thing is you are going to have somebody you are going to run into somebody that is going to say this is an agricultural use so what we are trying to say is farms because that is defined. So, lets say H would be farms and properties will an allowed livestock use shall be exempt from this Councilman Brewer-Local Law Supervisor Stec-from this Councilman Brewer-I think if you just put simply properties with allowed livestock use will be exempt. Councilman Strough-And farms. Supervisor Stec-Farms and properties with an Councilman Brewer-Farms have an allowed livestock use, John. Councilman Strough-No, farms don’t, not all farms have livestock. Supervisor Stec-Right, its farms and properties with an allowed livestock use shall be exempt from this Chapter. That is the word I was looking for, Chapter. Councilman Strough-Agricultural Use, definition in our Town Code, any management of any land for agriculture, the raising and keeping of cows, horses, pigs, poultry and or other livestock, truck gardens, horticulture, silviculture, orchards including the sale of products grown and directly and raised directly on such land and including the construction alternation or maintenance of fences, agricultural roads, agricultural drainage systems, farm ponds, so all we need to do is any agricultural uses will be exempt, period, that included livestock and everything else. Councilman Brewer-Isn’t that what was said five minutes ago? Supervisor Stec-Agricultural uses all right, Darleen, H is Agricultural uses shall be exempt from this Chapter. Mrs. Monahan-Dan may I interrupt just a minute? Supervisor Stec-Yea, Betty please come to the microphone. 23 TOWN BOARD MEETING 05-19-2008 MTG. #21 Supervisor Stec-Do me a favor, John lets insert allowed agricultural uses, then that way it refers it to the code. So, Darleen, allowed agricultural uses. Mrs. Monahan-I just want to caution you to check your farm uses, agricultural uses because there is already some standards in there that you want to make sure you don’t negate by what you are doing now. Supervisor Stec-Right, I don’t think we are. Mrs. Monahan-Well, and like the set back I do not know if you want to, not stiff, I think farms and agricultural uses still ought to have the setbacks and they maybe more strict in the farm ordinances and that is why I just caution you about that. To make sure it is in agreement. Supervisor Stec-I have got an idea, don’t go anywhere because I want your feed back on this, John instead of a letter H what if we took that and put it under letter E where we talk about size and say that it is exempt from size? So we would say Councilman Strough-Well Supervisor Stec-larger than five acres or allowed agricultural uses. Councilman Strough-yea but I thought we were trying to get agricultural uses exempt from potential smells and stuff. Supervisor Stec-Except Betty is concerned about, Betty is pointing Councilman Strough-Well, we could also add but all other laws are, remain applicable. All other laws in the Town Code, they are just exempt from this particular law. Supervisor Stec-This particular Chapter. Councilman Strough-This particular this Chapter only. Mrs. Monahan-I still would not, you know, I still I think Dan, I think you Supervisor Stec-You want, because of the objectionable odors and what not. Mrs. Monahan-I think where you are is right during under the size then you do not get into that set back because, then what would hold is which ever is the most strict. If there is more set back on a farm use you would have to comply with it. Supervisor Stec-John if you have a farm use or an agricultural use you are going to have certainly more than a couple of acres in which case six foot set back shouldn’t be, if you got horses you should not have any trouble with a compost pile with a six foot set back. Councilman Strough-Yea, but I am worried about the objectionable smells. Mrs. Monahan-That is all covered under your farm ordinances. That it has to be done under good practices as Cornell… Supervisor Stec-We have other parts of the Code that would apply. Councilman Strough-What I am saying this is not negate those application. This only negates Mrs. Monahan-I know but if you are going the trouble is our ordinances are too confusing when people have to go from one ordinance to another. Councilman Brewer-This is basically for residential areas, John. 24 TOWN BOARD MEETING 05-19-2008 MTG. #21 Councilman Strough-I know. Supervisor Stec-I like the language but I would suggest based on what Betty said lets slide that language about agricultural uses under E, just pertaining to size. Because that way we still want, I don’t think, my honest opinion this will be a lot like our outdoor burn which knock on wood, four years later we have not had a single complaint either from somebody saying it is too restrictive, or somebody complaining about a use. Councilman Strough-Number C Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin. If you have a barn and you have horses or cows, sheep or goats it is naturally going to be an unreasonable odor to some people. It is going to attract vermin, that goes with the territory. Councilman Brewer-That is an agricultural use for a farm. Councilman Strough-That is right but the way we are trying to word it, it would only apply to E. I am saying exempt them from this Chapter. Supervisor Stec-What do the rest of you guys think? I could go either way on it myself on that addition. Councilman Metivier-At this point I am so confused, I don’t Supervisor Stec-I think we are all set on the set back and the size but we have got is the allowed agricultural, John is arguing lets exempt agricultural use as completely from this Chapter. Councilman Strough-Right. Supervisor Stec-Which is simple and Councilman Strough-Listen if that turns out to be Mrs. Monahan-My concern is though if somebody looks at that and doesn’t look at the agricultural uses that is how we get into trouble in this town. So, I would put a sentence in there that says the agricultural uses should see Chapter such and so whatever or else they still have to comply with that part of the ordinance. Councilman Strough-Other town laws that apply to agricultural uses are not negated because they are negated from this Chapter. Supervisor Stec-I think I have got it now. Allowed agricultural, H. Allowed agricultural uses shall be exempt from this Chapter period, and then another sentence after that referring them to the other Chapter for see Chapter such and such for other agricultural requirements. Ok? Mrs. Monahan-That they must comply with all that, limitations or something. Councilman Strough-Yes. Supervisor Stec-You got that Stu, we will refer to the other, we will refer to the applicable section of Code and that address that. So, we will keep H. you got it Darleen? Town Clerk Dougher-Yes. Supervisor Stec-Pliney? Mr. Pliney Tucker-41 Division Road I have got 2.9 acres, I can have cows, horses or anything? Councilman Strough-No. 25 TOWN BOARD MEETING 05-19-2008 MTG. #21 Mr. Tucker-I am not going to. Councilman Brewer-No, you can’t. Councilman Strough-No, you can’t. Councilman Montesi-3 acres. Mr. Tucker-Why Councilman Strough-You have a minimum I think it is five acres per horse. Councilman Brewer-You do not live in the proper zone. Supervisor Stec-You would have to be in a zone that allows a horse to be exempt from this. Councilman Strough-And then you got to have a certain number of acres. Mr. Tucker-Gentlemen, I was there, before that Blue Book was ever made. Councilman Brewer-It doesn’t matter. Mr. Tucker-It doesn’t Councilman Brewer-No it doesn’t. Supervisor Stec-It is in the Blue Book, there are limitations in the Code now that where you can and can’t have livestock. Councilman Brewer-A minimum of five acres. Supervisor Stec-There are certain zones and certain lot sizes that require it. Councilman Montesi-Do you have a horse? Mr. Tucker-No, and I am not going to have any animals or anything else, but. Supervisor Stec-Does that answer your question or? Mr. Tucker-No, I didn’t like the answer but that is all right. Supervisor Stec-I can’t help you about that. Mr. Tucker-I get a lot of them from you, that I don’t like. Supervisor Stec-They are all honest. All right is there anyone else that would like to comment, if anyone wants clarification, I would be happy to provide it. Mary Lee? Ms. Gosline-I do not need a clarification but your biggest culprit here is grass. Supervisor Stec-In this particular case that the gentlemen Ms. Gosline-All the cases, we had a lawn care business at one time and it smells worse than anything you can ever imagine, you pile it up and then you turn it over its three days it would smell, that is your culprit. Supervisor Stec-Is there any other public comment? All right I am going to run through the changes one last time just for the purpose of the record. E. We are saying we added a colon and we list three, a 100 square feet and a volume no greater than 250 cubic feet for 26 TOWN BOARD MEETING 05-19-2008 MTG. #21 lots less than or equal one acre, then the next bullet would be 200 square feet and a volume not greater than 500 cubic feet for lots greater than one acre less than five acres, and then the third one under that would be lots greater than five acres shall be exempt from this size requirement. On G. we will change the setback from 12 to 6 and then we have added letter H. two sentences, first sentence is allowed agricultural uses shall be exempt from this Chapter. The second sentence would be a sentence referring the reader to the relevant agriculture chapter for additional requirements. That should close that loop. Is there any other public comment before I close the public hearing? Councilman Strough-This is just like a workshop. Supervisor Stec-Well, we got it done and we are done with it. Is there any other comment any other not sarcastic comment? I will close this public hearing and Stu has pointed out that we should do a short for SEQRA so why don’t I ask Stu to do that please. Sr. Planner Stu Baker-I want to ask that a long the lines of doing the short form SEQRA we add three paragraphs to the resolution that adopts this it would basically be adding language the Town’s review of the short form and consider the short form and ask for a negative declaration. Supervisor Stec-That is fine Stu, why don’t you take us through the short form please. PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. NO B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. NO ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or community or neighborhood character? Explain briefly. NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. NO C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NO 27 TOWN BOARD MEETING 05-19-2008 MTG. #21 D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AUTHORIZING COMPOST EDUCATION PROGRAMS AND ENACTING LOCAL LAW NO. 5 OF 2008 TO AMEND QUEENSBURY TOWN CODE BY ADDING NEW CHAPTER NO.: 97 ENTITLED, “COMPOSTING” RESOLUTION NO. 274, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, municipalities are encouraged under State Law to reduce municipal waste and encourage and promote recycling, and WHEREAS, residential composting is an effective means of reducing solid waste and producing soil enriching products, and WHEREAS, composting has a beneficial impact on the environment by reducing solid waste and improving soil conditions, and WHEREAS, the Queensbury Town Board wishes to promote composting and educate Town residents on effective composting practices, and WHEREAS, the Town Board therefore wishes to consider adoption of Local Law No.: 5 of 2008 to authorize compost education programs and amend the Queensbury Town Code by adding a new Chapter No.: 97 entitled "Composting,” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law §130, and WHEREAS, the Town Board duly held a public hearing concerning such proposed th Local Law on Monday, May 19, 2008 and heard all interested persons, and 28 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, “Composting”, and WHEREAS, the Town Board has considered the conditions and circumstances of the proposed Local Law Entitled “Composting” NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed Local Law entitled “Composting” will not have any significant environmental impact and a SEQRA Negative Declaration has been made, and B E IT FURTHER RESOLVED, that the Queensbury Town Board hereby authorizes the compost education programs in the Town of Queensbury and enacts Local Law No.: 5 of 2008 entitled, "Composting” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Montesi-We have a gentleman in the audience that has a situation on across from his property, when the law comes into effect what is his option, he is going to call our code enforcement guy, he is going to go out, is it the removal of this pile or? Supervisor Stec-The location is an issue now its size might not be an issue yet but will become an issue and you cannot let the neighbors dump there anymore. I am sure that is what Code Enforcement will tell them. Councilman Metivier- What about removing it? Supervisor Stec-They are going to have to remove it because it 29 TOWN BOARD MEETING 05-19-2008 MTG. #21 is not in a compliant location. Sr. Planner Baker-This will take effect upon filing with the Secretary of State, once it is filed, from there is enforcement. Mr. Lenaghen-Once it properly filed and it does become a legality, a law, then with this have to be remedied then? Would it be, with this problem come under the guise of this law? Supervisor Stec-A phone call anyone that is not compliant and it will take a week or so for it to get filed at the Secretary of State’s Office and then call to Code Enforcement they will go out and if the law is applicable they will take it from there. Vote taken. 3.0PRIVILEGE OF THE FLOOR (RESOLUTIONS ONLY LIMIT – 3 MINUTES) Mr. Jack Navatka-27 Cedarwood Drive Mr. Strough has proposed a bike path on Rush Pond, what are the Town Boards thoughts on the proposal. Supervisor Stec-That will be discussed at the time of the resolution this evening. Councilman Strough-There is a petition circulating by various people through out the Town that started last week, we have got four hundred and fifty signatures of people that support us applying for the grant. Mr. Navatka-I want to show my support for that it sounds like a good idea. Mrs. Monahan-I would also like to express my support for the Rush Pond way, noted when there was a Senior walking group we were running out of safe places to walk without doing repetition, most of the roads are not safe to walk on. Councilman Strough-Last week I was using South Glens Falls Pedestrian and Bikeway it is paved and formalized I remember before it was just a dirt road no body used it but now everyone is using it, kids with roller skates, kids going fishing older people, younger people they can all use it now. Mr. John Hodgkins-Lake Parkway Resolution 4.10 Rush Pond Urge the Board to vote against the resolution requesting grant money for the Rush Pond Bike Trail for the following reasons. The need the wooded area surrounding the pond is already filled with foot paths made by decades of users. To destroy these paths and replace them with pavement would be a zero net gain. With 190 miles of well care for Town roads, the County Bike Path and riders using mountain bikes on the existing Rush Pond Trails ample opportunity already exists for those that enjoy biking. Environmental, the natural ground cover provided around this pond provides storm water protection for protective Glen Lake Basin better than any manmade alternative can do. We have requested private landowners to observe no development buffers zone why should it be acceptable for the Town not to provide equal protection? Bike paths are typically built on recycled lands we find them on old rail beds, tow paths, under power easements. This path is planned for a Town designated critical environmental area. In light of the recent decisions made by our Planning Board need we ask that this project were brought in front of our Zoning Board of Appeals or our Planning Board as a private project if it would be approved. Cost Every weekend there is an article in the Post Star referring to the growing economic , pressure on all State residents from high taxes income, propertysales tax, and more recently we are looking at gas tax. This project cost has risen from a guesstimentof last year of 1.5 million to an estimate last week of 2.5 million and tonight you are considering requesting a grant that supports a 3 million 125 thousand dollar project. I think it comes out that the grant is two and a half million which is the maximum grant that you can receive. We would have to come up with over six hundred thousand dollars from the town and if this project goes ten percent over it is not a sixty thousand dollar increase we are looking at a three hundred thousand dollar increase. If it is twenty percent over we 30 TOWN BOARD MEETING 05-19-2008 MTG. #21 are looking at a six hundred thousand dollar increase. The cost as of tonight is over a hundred and twenty dollars for every man, women and child in this town plus the maintenance of this path for eternity. Spending this money any money on this project would be an example of unnecessary government spending at its worst. I would like to interject about a month ago I spoke on this same issue after I went out and started doing a little bike riding, and I did notice that you can go a lot of areas round this town without ever going onto a bike path. There are roads that are much easier you go over to Blind Rock Road it is great because it is a big wide shoulder. You go to Sunnyside Road there is no shoulder. I would think if this town is serious about looking at bike riding as some kind of alternative that we could much easier work with the Highway Department and as they are improving roads to make the roads an extra foot wide on the side for a bike path down that side at a much lower cost, you would get a lot more miles for your dollars. Please consider rejecting the policy. Supervisor Stec-Is there anyone else that would like to address the Board on resolutions? Mr. Don Kruger-Osprey View- Res. 4.11 Is that authorizing the extension of service so the developer can develop those lots is that the Town taking the water to it? Supervisor Stec-There are two lots there that the developer would like to provide water to that he believed were in the district and are not. This would allow an out of district contract, however later this year there will be a district extension sponsored by the Town and at that point these will likely be considered being added into the district. Mr. Kruger-Does that mean the town pays for it? Supervisor Stec-No. Mr. Kruger-Re: Transient Marketing My office is on Big Boom Road noted there is a motel on the corner, there is a group there with Penna. plates on their truck and they are selling equipment out of the back of the trucks and trailers, generators, pressure washers, stuff that you could buy from a legitimate retail outlet in town that pays for a building and taxes and employees and sales tax to the County, these people are selling it for cash, ask that this be checked out. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING TITLE CHANGE FOR LORI O’SHAUGHNESSY IN THE TOWN’S PARKS AND RECREATION DEPARTMENT RESOLUTION NO. 275, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Recreation Commission and Director of Parks and Recreation have recommended a title change for Lori O’Shaughnessy from “Recreation Program Specialist” to “Assistant Director of Parks and Recreation,” and WHEREAS, there is no monetary effect to the Town’s 2008 Budget for such proposed title change, and 31 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Warren County Civil Service Department has approved and accepted such proposed title change, and WHEREAS, the Town Board concurs with such recommendations and wishes to authorize the proposed title change, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the change of title for Lori O’Shaughnessy from “Recreation Program Specialist” to “Assistant Director of Parks and Recreation,” and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ARINNE STILLER TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :276, 2008 INTRODUCED BY: Mr. Ronald Montesi 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 Lifeguard, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and 32 TOWN BOARD MEETING 05-19-2008 MTG. #21 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 rd part-time, seasonal Lifeguard effective May 23, 2008, to be paid at the appropriate hourly wage approved for seasonal recreation positions, subject to the Town successfully completing a background check as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON SANDERS ROAD RESOLUTION NO.: 277, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, due to public safety concerns, the Queensbury Town Board wishes to arrange for placement of a street light on Pole #3 on Sanders Road, located off VanDusen Road in the Town of Queensbury, and WHEREAS, such light would be located outside the boundaries of any Town of Queensbury Lighting District, 33 TOWN BOARD MEETING 05-19-2008 MTG. #21 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a high pressure sodium lamp on Pole #3 on Sanders Road, located off VanDusen Road in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for such lighting shall be paid for from General Fund Account 001-5182-4305 as will be determined by the Town Budget Officer as such street light is not located within a Town of Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid Power Corporation and the Town Supervisor and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 210,2008 REGARDING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR SUPER SHOE RESOLUTION NO.: 278, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 210,2008 the Queensbury Town Board granted a Transient Merchant/Transient Merchant Market License to applicant Super Shoe to conduct a transient merchant market for 3-wheel conversions and replacement seats for motorcycles 34 TOWN BOARD MEETING 05-19-2008 MTG. #21 ndth in the parking lot located at 1499 State Route 9, Queensbury from June 2 through June 6, 2008, and WHEREAS, Super Shoe has advised that its vendors wish to change the dates to rdth June 3 – June 7, 2008, and WHEREAS, the Town Board is amenable to such request and therefore wishes to amend Resolution No.: 210,2008 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 210,2008 such that the Transient Merchant/Transient Merchant Market License granted by the Town Board to Super Shoe to conduct a transient merchant market for 3-wheel conversions and replacement seats for motorcycles in the parking lot located at 1499 State rdth Route 9, Queensbury shall be valid from June 3 through June 7, 2008, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 210,2008 in all other respects. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING GIS ADMINISTRATOR TO ATTEND ESRI TRAINING - GIS CONFERENCE RESOLUTION NO.: 279, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s GIS Administrator has requested Town Board authorization to attend ESRI Training for the new GIS software at a conference in thth Danvers, MA from June 9 – 11, 2008 at an estimated cost of $1,974.00, and 35 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Information Technology Department’s 2008 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the GIS Administrator to attend ESRI Training for the new GIS software at a conference in thth Danvers, MA from June 9 – 11, 2008, and BE IT FURTHER, RESOLVED, that expenses in the estimated amount of $1,974.00 incurred by the GIS Administrator at the conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that such conference expenses shall be paid for from Account No.: 001-1680-4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 280, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 36 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, by Resolution No.: 110,2007, the Queensbury Town Board authorized submission of an application to the New York State Division of Housing and Community Renewal (DHCR), and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $400,000 from the New York State Division of Housing and Community Renewal, such funds to be used for housing rehabilitation, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $400,000 in grant funds to be received from the New York State Division of Housing and Community Renewal (DHCR) and authorizes and directs the Town Supervisor to execute a Grant Agreement with the New York State Division of Housing and Community Renewal (DHCR) Grant Agreement such Grant Agreement to be in form acceptable to the Town Supervisor and Town Counsel, and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes appropriations and estimated revenues in the amount of $400,000 for grant funds received by the Town through the New York State Division of Housing and Community Renewal (DHCR), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None 37 TOWN BOARD MEETING 05-19-2008 MTG. #21 ABSENT : None RESOLUTION APPROVING GRANT AWARDS IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM IN CONNECTION WITH THE NEW YORK STATE AFFORDABLE HOUSING CORPORATION FOR CASE FILE #5586 RESOLUTION NO.: 281 , 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant Program (CDBG) to cover eligible project costs, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation (AHC) Program to cover up to 60% of eligible project costs, and WHEREAS, a single family property Case File #5586has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, Town Board Resolution No.: 483, 2007 authorized a CDBG grant in the amount of Nine thousand five hundred ninety-five dollars and no cents ($9,595.00) to complete work related to immediate threats to life health and safety, and , WHEREASproperty rehabilitation specifications to complete all Program requirements have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete additional rehabilitation work specified is Nineteen thousand fifteen dollars and no cents ($19,015.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and 38 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Homeowner is eligible to receive a grant for greater than $20,000.00 from the NYS CDBG Program upon Town Board approval, and up to $10,000.00 from the NYS Affordable Housing Corporation Program, and WHEREAS, a lien will be filed against the property for the benefit of the Town and the NYS Affordable Housing Corporation Program for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves an amended CDBG Grant for Case File #5586, Queensbury, New York, in the amount not to exceed Twenty-one thousand eight hundred seventy-five dollars and no cents ($21,875.00)and approves a NYS Affordable Housing Corporation Grant for Case File #5586, Queensbury, New York, in the amount not to exceed Six thousand seven hundred thirty-five dollars and no cents ($6,735.00),andauthorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION APPROVING GRANT AWARD IN CONNECTION WITH THE TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM FOR CASE #5515 RESOLUTION NO 282, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and 39 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant Program (CDBG) to cover eligible project costs, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation (AHC) Program to cover up to 60% of eligible project costs, and WHEREAS, a single family property Case File #5515has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, specifications to replace a non-functioning septic system were provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid of Three thousand nine hundred dollars and no cents ($3,900.00) was accepted and work was performed and completed as an emergency measure to replace a non-functioning septic system, and WHEREAS, property rehabilitation specifications were provided to at least three (3) qualified contractors for bid, and WHEREAS, Town Board Resolution 514, 2007 authorized a CDBG grant in the amount of Thirty-four thousand five hundred twenty-five dollars and no cents ($34,525.00), and WHEREAS, further investigation of health and safety issues resulted in a re-bid of the project, and , WHEREASproperty rehabilitation specifications have been provided to at least three (3) qualified contractors for re-bid, and WHEREAS, the low bid cost to complete the work specified is Thirty-four thousand two hundred and eighty-seven dollars and no cents ($34,287.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, the Homeowner is eligible to receive a grant for greater than $20,000.00 from the NYS CDBG Program upon Town Board approval, and up to $10,000.00 from the NYS Affordable Housing Corporation Program, and 40 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, a lien will be filed against the property for the benefit of the Town and the NYS Affordable Housing Corporation Program for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a CDBG Grant for Case File #5515, Queensbury, New York, in the amount not to exceed Twenty-eight thousand one hundred eighty-seven dollars and no cents ($28,187.00)and approves a NYS Affordable Housing Corporation Grant for Case File #5515, Queensbury, New York, in the amount not to exceed Ten thousand dollars and no cents ($10,000.00),andauthorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 283, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To 41 TOWN BOARD MEETING 05-19-2008 MTG. #21 Code Appropriation Code Appropriation $ 001-1010-4130 Town Board Counsel Ret. 001-1220-4130 Town Counsel Ret. 7,500 001-1420-4133 Art. 7 Litigation 001-1440-4720 Engineering Svcs 10,000 001-1990-4400 Contingency 001-1670-4030 Postage 4,000 001-7020-1010 Recreation Salaries 001-7110-4400 Parks Contractual 2,000 001-7020-1010 Recreation Salaries 001-7110-4823 Parks Facility Repairs 2,000 001-7020-1010 Recreation Salaries 001-7020-4400 Misc. Contractual 1,000 004-5110-4620 Hwy Paving Materials 004-5142-4641 Snow Melting Agents 16,300 004-5130-4510 Radio Repairs 004-5130-1020 Machinery O/T 1,600 032-8120-2001 Misc. Equipment 032-8120-4800 Equipment Repair 2,000 th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION TO NEW YORK STATE DEPARTMENT OF TRANSPORTATION ENHANCEMENT PROGRAM REGARDING RUSH POND WAY – PEDESTRIAN-BICYCLE TRAIL DEVELOPMENT RESOLUTION NO.: 284, 2008 MOTION DEFEATED INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury wishes to submit an application for grant funds for an amount not to exceed $2.5 Million from the Transportation Enhancement Program (TEP) administered by the New York State Department of Transportation, and WHEREAS, this project directly supports the Town’s Open Space Vision For the Town of Queensbury initiative to develop the Rush Pond natural area and fully meets TEP project eligibility under Categories 1 and 2, and WHEREAS, it is also the Town’s responsibility to provide twenty percent or more of the project cost to supplement the TEP funds received; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to file an application for funds from the New York State Department of Transportation in accordance with the provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act; A Legacy for Users (SAFETEA-LU) not to exceed 42 TOWN BOARD MEETING 05-19-2008 MTG. #21 $2.5 Million and upon approval of such request, to enter into and execute a Project Agreement with the State for such financial assistance, and , BE IT FURTHER RESOLVED, that the Town of Queensbury does hereby commit the matching funds to be raised from in-kind, land, non-cash donations of labor, materials, equipment, Town Force Account and general revenues of the Town and or other funding awards for development purposes. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough NOES : Mr. Brewer, Mr. Stec, Metivier ABSENT: None Discussion held before vote: Councilman Strough-I would like to clear up some mis- information. First of all this is a grant, it is Federal money but it is State administered. It is a very competitive grant and it is a Transportation PEP. Transportation Enhancement Program. Bicycle Trails is one of the things that they focus on and this is for a grant application for an amount not to exceed two and a half million of which eighty percent of which the town would be responsible for. The other twenty percent could come from in kind services and possibly other grants. Now, the two and a half million is an outside figure we have not got the exact figure from the engineers they are still currently working on this but because the paper work has to be into them by the beginning of June we have got to get the paper work out of the way. So, there are things and places where we can cut expenses and even make this less expensive because this is an outside figure. Ok, the figures that were stated before I do not know where they came from but they were not accurate. Now, it is a very competitive grant so you have to show that there is Town Board support and you have to show that there is support amongst the people in the community. There is applications currently going around the community that maybe you have seen them, Councilman Montesi-Petitions Councilman Strough- Petitions thank you, petitions like this that explain that the Town is currently you know applying for, is considering applying for a grant and do you support that. We have about four hundred and fifty signatures we have only been on this a little over a week. Overwhelming, doing door to door the overwhelming support is in favor for the Town Board applying for this grant. Now, the other thing, two other factors that may make our bicycle trail a little bit more expensive than other trails it is in an environmentally sensitive area and all the requirements for this trail we are keeping that in mind. That makes it a little bit more expensive. But, we are going to use existing trails, we are, the directions say minimize the taking down of trees, as a matter of fact using existing trails would do that. It is also going to be using permeable pavement which is the environmentally friendly pavement. It is also going to be handicapped accessible and I have sent out letters looking for support just this week and already have started to get some back. I have got a letter here from the New York State Independent Living Counsel, that strongly supports this trail because it is specifically designed to accommodate handicapped people. But it is also designed to be multi mobile meaning that anybody can use it of all ages and they will find it very comfortable to use. Inline skaters could use it, thin walled bicyclist can use it, people with baby strollers, wheelchairs, it is designed to accommodate all those multi uses which just a natural trail eliminates the handicapped people the elderly people the too young people. It eliminates people with strollers, it eliminates all that. Formalizing the trail offers a great opportunity for this community. Now, in communities and one reason why this grant is so competitive, every community wants this money for their bicycle trails. So, we tried to get a little bit ahead of the game here. We have tried to get the designing, we are 43 TOWN BOARD MEETING 05-19-2008 MTG. #21 trying to show that we have community support it is all ready in our Comprehensive Land Use Plan, it is has been identified as a community need, it is in the Lakes to Lock Program it is in the Open Space Program. This trail has been identified as something the community has wanted for about twenty years now. Now, I have been working on it for about four, and it is an incredible amount of work just to get it to this point. We are not guaranteed the funding so even if we do apply for the funding and we don’t get the funding then we are going to have to take a look at alternatives and consider that then. But, certainly we would like to see some federal funds, fund this program because I know the Queensbury Taxpayers can’t burden this all by themselves. In communities that have bicycle trails like the one we are proposing, home values go up, the quality of life goes up, homes that go for sale that are in the proximity of the bicycle trail sell faster. Health rates, Medicaid costs generally go down because people general health is improved especially for those that live around the bike trail. But it also gives the opportunity for residents of Queensbury to go from neighborhood to neighborhood to the school to Gurney Lane, from the school to various neighborhoods, without going on Aviation Road and West Mountain Road. I do not think any of us want our kids doing that. So, this is an opportunity, once in a life time opportunity that would provide save areas for our kids to bicycle and travel from neighborhood to neighborhood. Councilman Brewer-What neighborhood to neighborhood could they go to, from? Councilman Strough-If you look at a map you will see the Owen Avenue neighborhood, you see the Fox Farm neighborhood, you see the Indian Ridge neighborhood you will see the neighborhoods around West Mountain Road, not only that but it also connects those neighborhoods with the Gurney Lane Recreation Area and the Gurney Lane Trail System. Someday I would like to see a connection especially when they are planning on redoing Exit 20 I would like to see a connection an independent bike lane go across the Northway a pedestrian and bicycle lane go across the Northway and have those connected to the Warren County Bike Trail. Tim you and I have talked, it would be nice to be able to use the National Grid Power Line that comes from the Hudson right up to this area. So, you could start to work piece meal, this is probably the most difficult leg, but you could start working piece meal and develop a comprehensive network of off road trails that would be safer for six year olds it would be safer for eighty year olds, it would be safer for everybody. Councilman Brewer-Let me just say this John, I support bike paths I support healthy residents in the Town why couldn’t we, like you said earlier this has been twenty years in the making, why couldn’t we put this out to referendum and find out truly if the residents really want to spend two and a half to three million dollars on a bike path? Councilman Strough-Well, going door to door I think is a referendum. Councilman Brewer-Door to door is a lot different, when you go to somebodies door..Councilman Strough-You got four hundred and fifty signatures. Councilman Brewer-John, I have been door to door for many years when you go door to door with something in your hand nine out of ten times they are going to sign it. Councilman Strough-Well, you know what it gives them opportunity to ask questions, it gives you an opportunity to respond, it gives them an opportunity to know exactly what they are signing. Councilman Brewer-I appreciate and I applaud the work that you have done but I cannot support three million dollars for a bike path. Councilman Strough-Where do you get three million? Councilman Brewer-Pardon me? Councilman Strough-Two and a half Councilman Brewer-Two and a half and whatever the Town has to invest plus the over runs and I will guarantee you as I sit here today three million Councilman Strough-The engineering company said this is the outside figure because we do not have the exact number right now. Councilman Brewer-Well lets get an exact number. Councilman Strough-The paper work has to be in, in the beginning of June, Tim. Councilman Brewer-If we submit this application for a grant then we are committed to doing it. If we don’t do it Councilman Strough-If we are lucky enough to get it and I do not know what the odds are. Councilman Brewer-My point is since 1999 when I first got elected I have been working on grants for housing for people in this Town some seventy families I would rather go for grants in that type to help the residents that live in this community. Don’t get me wrong I appreciate that and I support that but why couldn’t we make walking paths why does it have to be paved? Councilman Strough-Well, I just told you. Walking paths are not going to accommodate young children, they are not going to accommodate inline skaters, they are not going to accommodate wheelchairs, they are not going to accommodate baby strollers and they are not going to accommodate older people. You knock out that whole segment. That is why it needs to be paved and we are going with pavement that is environmentally friendly. It cost a little bit more, but I am sorry that’s. Councilman Brewer-Mr. Kruger can I ask you about concrete, he is a concrete expert. Is there a permeable concrete that is … Councilman Strough-But that is even more expensive. 44 TOWN BOARD MEETING 05-19-2008 MTG. #21 Councilman Brewer- I am just asking. Councilman Strough-There is. Mr. Kruger-Yes there is. They make permeable concrete it is pea gravel and cement with no sand in it and the water will run right through it. Supervisor Stec-Both of you and I believe John Hodgkins threw out some numbers and the only document that we have that talks about numbers is th from our engineer on the project LaBarge Group, and they sent us ten days ago May 9 a letter, addressed to Stu Baker and we all got a copy of it and I won’t boor you with the whole thing but it says at this time it is our opinion that the construction costs will range from 2.5 million to 2.6 million dollars assuming construction will occur in 2009. Then it goes on to say and I think this is where Mr. Hodgkins got his 3.125 million figure. The draft resolution we forwarded to the Town assumes that the total project will not exceed the maximum award amount which we are applying for which is 2.5 million which equates to a total cost of up to 3.125 million and would require a match of $625,000. So, I guess what they are saying is, if we apply for 2.5 if we got all of it we would get 2.5 and we would put in our own six twenty five and that’s gets the three point one two five. We recommend that the Town pass the resolution as is to allow maximum budgeting flexibility. So, what we would be applying for would potentially be for a project cost of up to according to LaBarge three point one two five. I just wanted to clarify where those numbers apparently came from. Frankly to build on what both you and Tim said, as you know I have liked this I see the value of the paths through Rush Pond and ultimately tying it, to like you said Gurney Lane or the Warren County Bike Trail on the other side of Route 9, at least speaking for myself I would very surprised at the dollar figure. That is what bothers me, frankly that is the main thing that bothers me right now, is that I was thinking that we were talking about worst case scenario something in the neighborhood of around a million dollars and this is potentially two and a half times that. If we get the grant we are on the hook for over 625,000 dollars. Councilman Brewer-If we don’t as I understand it Councilman Strough- The engineers also said there are ways to cut the expenses, for example you could cut out some of the parking areas that we have included in this and some of the amenities and so forth. So, you know there are areas to trim to, they have just haven’t gotten to that point. As a matter of fact we have not had a public hearing on it, because this paper work, if you want to have any chance of getting any of this grant funding this paper work has to be in, in the beginning of June. They will not be done with their engineering and the final form, by then, that is why they put the outside figures in here just to be on the safe side. Councilman Montesi-Also the six hundred thousand if we did get the grant is inkind service, it is not six hundred thousand dollars directly outright. Councilman Strough-We can get grants to cover some of that. So, I mean there are a lot of communities that want this money, if you want to give this to another community fine, they will spend it, I would rather have it go to Queensbury. Councilman Montesi-To me it is just a quality of life issue that I enjoy the Warren County Bike Trail. I was involved in helping get that built and put the bridge over Quaker Road and I can see the benefit of what that does to folks. Supervisor Stec-Any other discussion on this one? Councilman Metiver-If we apply for the grant what is the next process? If we get the money we are committed? If we don’t then? Councilman Montesi- Well lets say we apply for the grant and they only give us a million dollars. Councilman Metivier- We have to take it but then we only get half a project. Councilman Montesi-If we did take it we have to decide if we are going to take it, what could we do ..Councilman Strough-Well, we would decide at that time how much we are going to get and how much is going to be the actual cost and we will decide if we want to progress forward with it. Councilman Montesi-Maybe it only gets us phase I. Councilman Brewer-Hypothetically, if we get a million dollar grant and we turn it down what happens to our chances in the future of receiving grants? Supervisor Stec-Stu? Sr. Planning Baker-From my experience and without being advised by our consultants is, that it could be detrimental to future applications if we were awarded a grant and then to declined. Councilman Montesi-DOT. Councilman Strough-And the other thing is possible it could, but the other thing that is possible too is what Ron is suggesting is that if the grant was only a limited amount then we could possibly go back to the grant people and say all right we would like to do this in phases. I would like to deal with the options and not throw away with the option. Supervisor Stec-Well, again, about the money, the other thing that concerns me is we are staring depending on how a law suit may or may not turn out or how we may or may not settle with Main Street right now potentially there is a three or four million dollar project right there. Currently the Town has very, very little general fund debt if we need to we would probably end up bonding that. Two years ago it may not have been an issue two years from now the economics may not be an issue but Councilman Strough-The other thing to is and I think the engineers pointed this out you do not have to spend it right away, 45 TOWN BOARD MEETING 05-19-2008 MTG. #21 you do not have to initiate the project for what, ten years? Sr. Planner Baker-Five years. Councilman Strough-If you are awarded the grant you still have five years. Councilman Brewer-I would prefer to put it out to referendum, my own personal opinion. Supervisor Stec-Any further discussion on this? We have a motion and a second why don’t we vote. Discussion held after vote: Councilman Brewer-I would propose that we ask our Attorney tomorrow how fast we can get this out to referendum. If that is acceptable to everybody else, I don’t know if it is or isn’t. Sr. Planner Baker-I suspect it could not be done in a timely enough manner for this particular application. Councilman Brewer-Why couldn’t we get it done for November? Councilman Montesi-The application is for June. Councilman Brewer-There are other applications, Ron. Supervisor Stec-There will be other grants. I would feel more confident with that, it does not help for this year certainly, but, then the economics may be different in a year from now. Councilman Brewer-I don’t think it necessarily kills the project the project is still alive, John, and truly appreciate and I am very sincere about the work that you have done but I do not think that this is a major set back, that we can’t overcome. RESOLUTION AUTHORIZING WATER SERVICE TO LARRY CLUTE FOR TWO LOTS LOCATED ON EAGAN ROAD AND LOCATED OUTSIDE OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 285, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, Town resident Larry Clute has requested water service from the Water District for two lots located on Eagan Road (Tax Map No.:’s 316.5-1-12.12 and 316.5-1- 12.13) although the properties are located directly adjacent and outside of the Water District, and WHEREAS, the Town of Queensbury’s past practice is to grant water service to residents outside of the Water District until the next time that the Water District is extended, at which time the residents’ properties will become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize an Agreement for the supply of water to Mr. Clute in accordance with Town Law §198(3)(b), NOW, THEREFORE, BE IT 46 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District’s Water Treatment Plant to Larry Clute for two lots located on Eagan Road (Tax Map No.:’s 316.5-1-12.12 and 316.5-1- 12.13) contingent upon Mr. Clute making an appointment for meters to be installed within 10 days of his signing an Out-of-District Agreement (such Agreement to be in form approved by the Town Water Superintendent and Town Counsel) and taps being installed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the resident and signing the Agreement for the supply of water in accordance with Town Law §198(3)(b), to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN THE CONNECTOR ROAD CAPITAL PROJECT #161 RESOLUTION NO.: 286, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, the Town Board previously authorized establishment of the Connector Road Capital Project Fund #161 to fund expenses associated with the construction of the Connector Road between Main Street and Luzerne Road, and 47 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Town has previously appropriated $841,400 for such Project, and WHEREAS, the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Fund #64 to supplement Capital Project Fund #161 in the amount of $117,194 to cover additional services provided by Barton & Loguidice, P.C., the Town’s engineers for the Project, and Kubricky Construction, the Town’s contractors, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, 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 June 2, 2008 to hear all interested persons and take any necessary action provided by law concerning the proposed $117,194 increase in the Connector Road Capital Project Fund #161, 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 the proposed Capital Project in the manner provided by law. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT CONCERNING IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF FEDERAL AID-ELIGIBLE COSTS OF A TRANSPORTATION FEDERAL-AID PROJECT - MAIN STREET GATEWAY PLAZA IMPROVEMENTS CAPITAL PROJECT – PIN 1756.27 TO FULLY FUND LOCAL SHARE OF FEDERAL-AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS 48 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLUTION NO.: 287, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by previous Resolution, the Queensbury Town Board authorized establishment of the Main Street Gateway Plaza Improvements Capital Project (Project), and WHEREAS, by Resolution No.: 410, 2002, the Town Board authorized implementation and funding of federal aid-eligible costs concerning the Project, referred to as PIN 1756.27, and WHEREAS, by Resolution No.: 606,2004, the Town Board reaffirmed and authorized its establishment of such Project, with such Project Phase Completion Date to be December 31, 2007, and WHEREAS, the Town’s engineers for the Project, Barton & Loguidice, P.C., have incurred additional costs for the Project in the amount of $12,500, and WHEREAS, the Town Board wishes to approve such additional expenses incurred by Barton & Loguidice, P.E., authorize such additional expenses to be included in the New York State Department of Transportation’s Supplemental Agreement No. 1, and extend such Project Phase Completion Date to December 31, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Supplemental Agreement No. 1 presented at this meeting, as well as any other necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Town with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Town’s first instance funding of Project costs and permanent funding of the local share of federal aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER, 49 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Senior Planner to take all action necessary to effectuate all terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MAY 19, 2008 RESOLUTION NO.: 288. 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of May 15, 2008 and a payment date of May th 20,2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of May 15, 2008 and payment date of May 20, 2008 totaling $327,344.49, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 50 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY EMPLOYMENT AND TRAINING YOUTH EMPLOYMENT PROGRAM RESOLUTION NO.: 289, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Warren County Employment & Training Administration (Warren County) has submitted information to the Queensbury Town Clerk requesting the Town’s participation in Warren County’s 2008 Youth Employment Program, which Program provides for eligible youth ages 14 – 21 to work with non-profit and public agencies that can provide a quality work experience, and WHEREAS, by participating in such Program, eligible youth is trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren County Employment & Training Administration’s 2008 Youth Employment Program as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury’s Unit of the Civil Service Employees Association, Inc. concurs with such arrangement, and BE IT FURTHER, 51 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. NO B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. NO ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. No. Best management practices will be followed during utility installation. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources or community or neighborhood character? Explain briefly. No Action is intended to improve aesthetics by minimizing the presence of overhead utility facilities and improve scenic views. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. NO The affected area is adjacent to a roadway. C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. NO Action is supported and recommended by the 2001 Main Street Plan. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. Yes. Action is part of a larger strategy (2001 Main Street Plan) to encourage investment and redevelopment in this corridor. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. 52 TOWN BOARD MEETING 05-19-2008 MTG. #21 NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NO D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO Supervisor Stec-For the purpose of the record item C1-C5 that the Board has answered no to you have prepared additional language that explains the no answers and unless the Board objects the record should reflect that we agree with the Staff’s prepared explanation to those nos. The question I have on C-5 C is Could action result in an adverse effects association with the following: So the question is, there will be growth related activities related induced by the proposed action I guess we are saying yes there would be adverse effects, but then we go on to say that action is part of a larger strategy 2001 Main Street Plan to encourage investment and redevelopment in this corridor. Sr. Planner Baker-There could be adverse effects I think it is important to point out that subsequent development along the Main Street Corridor will likely be subject to further review and SEQRA review by the Planning Board. Supervisor Stec-We have agreed with you to yes on C.5 Vote taken RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING ACQUISITION OF EASEMENTS ALONG MAIN STREET/CORINTH ROAD FOR THE UNDERGROUNDING OF UTILITY FACILITIES RESOLUTION NO.: 290, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board (Town) amended its Zoning Ordinance by adopting Local Law No. 6 of 2004 which created the “Underground Utilities Overlay District” (District), and 53 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the District includes that portion of County Route 28 located in the Town of Queensbury, also known as Main Street and Corinth Road, and WHEREAS, Local Law No. 6 of 2004 requires the placing underground of utility facilities when either new facilities are proposed or when existing facilities are otherwise required to be relocated, and WHEREAS, the Town reaffirmed Local Law No. 6 of 2004 by Resolution 543 of 2004 after conducting detailed environmental review pursuant to the State Environmental Quality Review Act (SEQRA) in its capacity as SEQRA Lead Agency, and WHEREAS, the result of such review was Town adoption of a SEQRA Negative Declaration, as it was deemed that the Local Law and related actions would not result in any significant adverse environmental impacts, and WHEREAS, the County of Warren has undertaken the widening of and partial relocation of County Route 28 in the Town of Queensbury which requires the relocation of utilities pursuant to Local Law No. 6 of 2004, and WHEREAS, prior to pursuing such action, the County of Warren, as Lead Agency, conducted SEQRA review and, after a thorough review of all relevant studies and materials, adopted a SEQRA Negative Declaration as its project would cause no significant environment impacts, and WHEREAS, the Town has previously recognized the clear public benefit of undergrounding utility facilities including, but not limited to, decreased visual disturbance, improved traffic safety and improved aesthetic quality of the affected areas, and WHEREAS, undergrounding of utility facilities requires easements allowing construction, placement and future maintenance of such facilities, and WHEREAS, the Town has reviewed all materials previously relied upon by the County of Warren in consideration of its plan to widen and modify the bounds of County Route 28, the SEQRA Environmental Assessment Form (EAF) related to that action and the County’s Resolution adopting its SEQRA Negative Declaration, and WHEREAS, the Town has reviewed all materials previously relied upon by the Town in contemplation of creating its Underground Utilities Overlay District including, but not limited to, all publications and studies relied upon by the Town, the SEQRA EAF and Town Resolution 543 of 2004 adopting a SEQRA Negative Declaration, and 54 TOWN BOARD MEETING 05-19-2008 MTG. #21 WHEREAS, the Town has previously considered the replacement of a water main along Main Street and an additional water main within the Queensbury Consolidated Water District and also the formation of the West Queensbury Sewer District and has previously conducted the mandated SEQRA review in connection with such project and such extension of the sewer district, and WHEREAS, the Town is considering the acquisition of easements by Eminent Domain over lands adjacent to the bounds of County Route 28, as modified by the County of Warren, for the purpose of undergrounding utilities, including electric, cable, telecommunications, gas, water and sewer; and WHEREAS, the proposed action is an Unlisted Action in accordance with the rules and regulations of SEQRA, and WHEREAS, the Town Board is duly designated to act as SEQRA Lead Agency and, in that capacity, has reviewed the SEQRA EAF for this action, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board determines that the action will not have a significant effect on the environment and such determination is reached after careful consideration and analysis of 1) the proposed action; 2) the EAF for the proposed action; 3) Warren County’s proposed action which will result in the widening and relocation of the bounds of County Route 28; 4) the SEQRA EAF adopted by the County for such action; 5) the Negative Declaration adopted by the County; 6) all studies and materials upon which that determination was based; 7) the SEQRA EAF adopted by the Town in consideration of creating its Underground Utilities Overlay District; 8) the Negative Declaration adopted by the Town for that action; 9) the Negative Declarations adopted by the Town relating to the Water District reconstruction and improvements in the Main Street area and to the formation of such Sewer District; and 10) all studies and materials upon which that determination was based, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration – Determination of Non-Significance and authorizes and directs the Town Clerk’s Office to 55 TOWN BOARD MEETING 05-19-2008 MTG. #21 file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 19 day of May, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None CORRESPONDENCE 5.0 5.1 Community Development April 2008 Report on file. PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) 6.0 Mr. Skip Stranahan-1343 Bay Road Thanked Mr. Montesi and Mr. Metivier for coming up on the mountain and appreciate what Mr. Wick is trying to do. Supervisor Stec-Noted that the Town has received Mr. Wick’s report and will make copies available. Mr. John Salvador-. ? Was not surprised the Dunhams Bay Resort was withdrawn ? Noted this facility was under a stop work order from the Zoning Administrator since th May 8 of last year with no enforcement. – they were operating a year round business where only a seasonal business was permitted – noted they were in violation when they hosted the Republican Committee Celebration in November ? Mid Summer they were cited by the DEC for a wastewater failure, they are under some kind of concept order to do something about it. ? They are expanding non conforming use and creating new uses ? Solid Water Taxing District –We should prepare a cost benefit analysis ? Questioned if we will be at the mercy of the new operator of the trash plant ? At what price will the trash plant sell for and who gets the benefit of the sale Mr. Pliney Tucker-41 Division Road ? How much sales tax do we have Supervisor Stec-We are up 6 ½ % first quarter of the year compared to first quarter of last year ? Asked at the end of the month along with the audit how much income was brought in Mr. Tony …Represent the Macchio Family I am their spokes person, requested a copy of Mr. Wicks Report Councilman Montesi noted he had a copy and will give it to the representative of the Macchio Family Mr. Paul Bricoccoli- 87 Dixon Road ? Spoke about a water main break on Bullard Road that flooded his basement 2 ½ years ago, which did extensive damage…the water main has broken again caused damage again, noted his homeowners have covered both times but concerned that he may be dropped. Noted that they are living upstairs in the TV room right now concerned about what to do…have been told that this can happen again … Supervisor Stec-We have gone out to bid to replace the pipes in that area, will be doing the work this summer… Councilman Montesi-Spoke about the catch basin in that area I asked that when they put the water line in to look at the catch basin and divert it someplace. Councilman Strough-The Town Engineer is looking at the whole storm water system it appears to be malfunctioning in certain places, we want 56 TOWN BOARD MEETING 05-19-2008 MTG. #21 to get that fixed along with the water line. Supervisor Stec-We will keep you updated on the progress of the new piping. Mrs. Betty Monahan-I am disappointed that you turned down the grant for Rush Pond Way, I was also astonished about the cost, how many miles are we talking about? Supervisor Stec-A little over two miles. Mrs. Monahan-The Warren County Bike Path, was that hired out or was it done inhouse? Councilman Montesi-I think it was all hired out, we may have paved it but it was tied to the railroad grant that we got. Mrs. Monahan-Described bike trails in Colorado, noted that the Adirondack Park is bigger than any park including the National Park in the lower forty eight states, I think we need to start looking at what we are going to offer people, the quality of life. Noted a lot of the roads that were talked about expanding for bike trials they are roads by use and you cannot widen those roads. 7.0 TOWN BOARD DISCUSSIONS Councilman Montesi-Ward II ? Building and Code Enforcement One million seven for this month in building permit, nine residential, four commercial Seven hundred and Fifty Thousand in Single Family Homes. And Seven hundred thousand in Commercial Industrial that is an increase over last year. ? Report from Fire Marshall 147 Inspections for Commercial 79 inspections for C/O 18 inspections for solid fuel 175 Residential re-inspections ? Tomorrow going with a group from Greenwich N.Y. that is interested in starting a recycling program in Washington County…South Burlington there is a very aggressive program for recycling and I will be visit two plants for recycling. Councilman Metivier-Ward I ? 2008 the Queensbury Beautification Committee will be recognizing residential and commercial garden and landscape plantings for this summer season, award recipients will be announced during August, there were be a maximum of two residents awarded in each of the four Wards, there will be a total of four Commercial areas recognized. Planting will be reviewed at the end of June, early July. Residential plantings must be done by the homeowner and not commercially installed to be eligible. Nominations from the public will be welcomed, mail them to the Town of Queensbury 742 Bay Road. ? I would like to respond to the Rush Pond if I have forty eight hours this weekend to do whatever it is you do on a weekends I think probably twenty of those hours was spent on the telephone with people, on two issues. Obviously Dunhams Bay because that is my Ward and there was a lot of incredibly upset people who voiced their opinions on the potential rezoning of Dunhams Bay Lodge and I guess at the end of the day it worked up for us. I was interesting to hear people’s perspective.. I think in some instances they were mis-informed about the rezone but I am glad it worked out the way it did. The second point I talked to a lot of people about Rush Pond and the bike trial and I have a hard time with a two point six million dollar price tag for two miles of trail system in a critical environmental area. We had so many people fight against when it was the Travelers parking lot and it one of the reasons why the Travelers is moving to Glens Falls and yet we are going to use more material to actually pave an area of Rush Pond. People they just don’t understand why we would even consider a two point five million dollar bike trail there for two miles when we have so many roads that we could potentially widen, spend the money on. We have the Warren County Bike Trail and you know there are some issues in getting onto this bike trail because we do not have proper access in some areas at this time. With the Main Street Project that is still on our back burners it is going to cost us six to seven million dollars and all the other projects we need to do and the roads that we need to fix, to try to swallow six hundred and twenty five thousand dollars for the bike trail just didn’t seem feasible to me and a lot of people. I have been torn on this because John has done such an incredible job with this project. I applaud him more than he knows but I was voted into this office to support the people of my Ward and so many have discussed this and felt that in this day and age two and a half million dollars for a bike trail that only covers two miles 57 TOWN BOARD MEETING 05-19-2008 MTG. #21 in an area like this is not in our best interests. There is a part of me that agrees, I think we should take some money, put is aside maybe have Eagle Scouts do projects on the trail system and support it with signage and you know support John’s efforts because he has done a wonderful job. I will go on record to publically apologize to him and Ron for that matter, but I just have to say that you know as I would have voted against an rezone for Dunhams Bay at this time I just have to listen to my constituents and you know take their feelings to heart as well. So, John I do apologize and I hope you understand where I am coming from as well. Councilman Strough-Ward III ? A week from today… Glens Falls Queensbury Memorial Day Parade I have worked on this for seven or eight years … It is also Glens Falls Centennial it will be an extra big parade there will be nine music groups in the parade.. starts at 10 am in Down Town Glens Falls and proceed down Glen Street and culminate in Crandall Park and have Remembrance Ceremony. ? Prior to Parade – Running of the Memorial Mile registration at 9 am at the Bull Pen Tavern on Glen Street $12.00 entry fee which will include a tee shirt. ? Sunday night – Free concert at the Queensbury School Auditorium Air National Guard Band starts at 7:00 pm tickets limited ? We appreciate all those that have served our Country and that is what it is all about. th Supervisor Stec- One other event on Sunday afternoon May 25 at 2:00 P.M. at Hovey Pond there is a Memorial Day Ceremony, the Veterans Groups will all be there. ? I want to get the word out to Veterans the Town and the County just adopted new Veterans Assessment Exemptions that you should be aware of including a Cold War Veterans Exemption for Veterans that weren’t previously eligible for other exemption. Come to the Town Assessor’s Office they will tell you what you need to do to receive the exemption. Councilman Brewer-Ward IV ? Bedford Close HOA – they have drainage problems over there.. Engineer Ryan and I went over to the West Glens Falls Fire House to meet with them, they were happy with the pro-activeness of this Town Board ? Queensbury Land Conservancy – They have been donated thirteen acres along Clendon Brook, they are placing a split rail fence along the border line of their property to prevent motorcycles, four wheelers etc. so people can enjoy the path. ? Attended the West Glens Falls EMS Open House ? Sent letters out regarding the service we discussed with the fire companies only one call back so far I might have to send another letter out will let the fire companies know. Supervisor Stec- ? Town’s Web Site is queensbury.net a lot of information available there ? Thanked TV8 and our sponsors for televising these meetings ? There will be hydrant flushing starting May 19, 2008 will run for four weeks between the hours of 8am and 4pm. ? Special Olympics held on Saturday at Queensbury High School ? Attended Autisms Panel along with several area dignitaries. We are trying to coordinate information … goals is to find a way to one stop shop so people can get the straight answers the first time. ? Lehigh Cement 115 Anniversary Celebration ? This week is EMS Week Attended the West Glens Falls EMS Open House rd ? June 3 ribbon cutting at 3:00 P.M. for Tribune Media on Media Drive ? Attended the Literacy of North East New York Event in Saratoga where the woman that founded Literacy of America was present. ? Proposed a workshop meeting late next week to interview IT candidates. nd ? Next Regular Meeting June 2. 58 TOWN BOARD MEETING 05-19-2008 MTG. #21 RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 291.2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 19 day of May, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury