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2009-02-23 MTG#7REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 REGULAR TOWN BOARD MEETING FEBRUARY 23, 2009 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY WATER SUPERINTENDENT, BRUCE OSTRANDER WASTEWATER DIRECTOR, MIKE SHAW SENIOR PLANNER, STU BAKER PRESS POST STAR TV 8 MTG#7 RES #63-81 B.H.7-9 L.L.#2 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 63, 2009 INTRODUCED BY:Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 23rd day of February, 2009, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING RANDY SEVERANCE'S APPLICATION SANITARY SEWAGE DISPOSAL VARIANCE OPENED PUBLICATION DATE: FEBRUARY 13, 2009 546 RANDY SEVERANCE APPLICANT PRESENT REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 547 SUPERVISOR STEC-We noticed this a couple weeks ago. This is for property located at 7 Fox Lane in Queensbury upper Ridge Road up north. They are seeking four variances from a mound system to be placed on the residential properties. The first is fifty six point one two feet from wetlands in lieu of the required hundred feet. Zero from the side property line in lieu often foot. Zero from the front property line in lieu often foot. Fifteen foot from the foundation instead of the twenty foot, again this is on 7 Fox Road in the Town of Queensbury with that said are you here representing yourself. Good evening if you want to basically brief the Town Board and the public I think the board might understand your situation, but I will let you introduce it and yourself too, please. RANDY SEVERANCE, 30 CLEMENTS ROAD-We are constructing a home at 7 Fox Road as you had said. I am here to request a septic variance for my septic system due to the situation we have encountered with regards to wetlands on our property. Let me give you a brief summary of the situation we have encountered. We purchased a piece of property at 7 Fox Road it is in a preapproved subdivision surrounded by existing homes. We got all the necessary approvals from the Town of Queensbury to build our house three months into the construction we were notified by the APA the Adirondack Park Agency that we had wetlands on our property. That determination made the existing mound system design not applicable under the new conditions. Due to the limited space on our lot and the location of our neighbors septic system we were confined to the northwest corner of the lot this is where we are proposing the new septic system, which we still need the front side house and wetland setback variances from the board. COUNCILMAN BREWER-Can I just interrupt you one second how big are the wetlands? MR. SEVERANCE-It is twelve thousand five hundred square feet it is about almost a third of the lot according to where it was marked out. COUNCILMAN BREWER-It was never flagged that is kind of weird isn't it. SUPERVISOR STEGMy understanding was that the Town didn't have any record of the wetland and DEC or APA somebody from APA came out and flagged its location on your lot. MR. SEVERANCE-Correct. When, I got notified by the APA a Field Officer I imagine it was they were notified anonymously that there may be wetlands. He came out they determined that there were wetlands and they marked them out that's how we started this whole situation. COUNCILMAN MONTESI-Is the determination of the wetlands because in essence is standing water or is it the growth? MR. SEVERANCE-I believe the vegetation is how they determined because it is dry. August, September, and October we had a bulldozer all through there it wasn't sinking in or it wasn't getting stuck, to us you could walk on it it was dry. COUNCILMAN MONTESI-The determination for wetland is that it is not only wet, but it is the vegetation okay. COUNCILMAN METIVIER-I actually pulled the GIS today from Warren County and still there is no area around there let me rephrase that there are areas around your area that are APA wetlands, but nothing on Fox Road, Knolls Road, Oak Valley Way none of that is delineated wetlands. So, I don't understand why all of a sudden I mean if everything else around there has been delineated APA wetlands why in this particular instance is it after the fact especially this is a subdivision that has been in existence for what twenty years now. MR. SEVERANCE-Seventy two, I believe it was first started, but there are newer houses in the development that were built recently within the last few years. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 548 COUNCILMAN METIVIER-Right. On your side alone there are two new houses that were just recently put up in the last three years. MR. SEVERANCE-Correct. COUNCILMAN MONTESI-You are pretty well along on the construction of the home. MR. SEVERANCE-Correct, it is fully framed and enclosed. A considerable amount of money is in the home already a very large amount of money in the home. SUPERVISOR STEC-I see in the packet we did get a letter recently from the State Department of Health that was granting their approvals. It is in the record, but it is a letter from the Department of Health dated January 20th where they say, it is the opinion of this office that the proposal has demonstrated hardship and complies with Appendix 75-A to the extent possible. Therefore we are approving the proposal with two specific waivers and it lists the two waivers. From Mike Shaw not the Towns, but the State's Mike Shaw it is pretty confusing you have two Mike Shaw's that run in the same circle, but it was the Department of Health. The public hearing is opened if any members of the public want to comment on this variance I just ask that you raise your hand one at a time and I will call on people come to the microphone and state any concerns or issues or comments you may have. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Do you have anything Karen that you want to acknowledge for the record. DEPUTY TOWN CLERK O'BRIEN-I did receive three letters. SUPERVISOR STEC-Who are they from and the dates on them and they are part of the record. DEPUTY TOWN CLERK O'BRIEN-Letter from David and Penny Kovacs letter received February 23, 2009. Letter from John Whalen 794 State Route 149, received February 17, 2009. Letter from Peter Lewin 12 Fox Road received February 13, 2009. (Letters places in file) COUNCILMAN MONTESI-Are they all neighbors? SUPERVISOR STEC-Yeah they are. COUNCILMAN METIVIER-Yeah they are neighbors. SUPERVISOR STEC-Is there anyone that would like to comment before the board asks some more questions perhaps for the applicant, board members? COUNCILMAN BREWER-Would you have an issue or a problem buffering the mound system? MR. SEVERANCE-Not at all actually I had that stated in the letter I am going to put it along the west side. COUNCILMAN BREWER-I kind of stole Dan's thunder because him and I were talking about it today he mentioned it to me. SUPERVISOR STEC-We are talking about a mound system I understand it is going to be about four feet high so it will be three foot high so you know I mean a planting around it something arborvitae, cedar kind of thing. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 549 MR. SEVERANCE-I had put that on the site plan for the Planning Board it shows every three feet an arborvitae. SUPERVISOR STEC-That is the other thing, too you do after this need to go to the Zoning Board and the Planning Board later this month. COUNCILMAN BREWER-Why does that happen? MR. SEVERANCE-Zoning is for area variance. COUNCILMAN BREWER-How did you get a building permit to build the house? MR. SEVERANCE-We didn't know the wetlands were ever there. COUNCILMAN BREWER-Alright because of the wetlands. MR. SEVERANCE-It is three months into construction. COUNCILMAN BREWER-Okay, I understand. SUPERVISOR STEC-I happened to be there, you were at the Warren County Planning Board and they approved it as well. I wasn't there for this, but if you thought I was there was this then I was there for this. MR. SEVERANCE-It made me feel good Dan. SUPERVISOR STEC-Any other questions or comments from board members? COUNCILMAN STROUGH-With the Wisconsin Mound Design, which does seem appropriate for this situation you are going to have your limitations such as no hot tub. MR. SEVERANCE-Oh yes, no garbage disposal. COUNCILMAN STROUGH-Water futures, no garbage grinder. MR. SEVERANCE-Right. COUNCILMAN STROUGH-Even no water treatment that is how sensitive it is. MR. SEVERANCE-That's correct. COUNCILMAN STROUGH-So you have had your well tested? MR. SEVERANCE-Not yet we haven't got power to it yet. We had to stop all construction we were starting to rough in, but we haven't got the well pump powered yet. COUNCILMAN STROUGH-Have you had any discussions with your neighbors on the quality of water that they get? MR. SEVERANCE-Yes a little bit of iron I believe is what is in some of them. COUNCILMAN STROUGH-Nothing that needs a water treatment? MR. SEVERANCE-It doesn't necessarily need it no that is correct. COUNCILMAN STROUGH-Because you are going to have to be careful if you want this system to last because it is expensive. MR. SEVERANCE-Yes, it sure is. COUNCILMAN STROUGH-And, I know people that have had to replace it who didn't treat them right. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 550 MR. SEVERANCE-Right that is true unfortunately we are going to have to deal with that. SUPERVISOR STEC-Is there any other comments from the public before I close this public hearing, hearing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING RANDY SEVERANCE'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 7, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Randy Severance filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new septic/ leaching system: 1. 56.12' from wetlands instead of the required 100' setback; 2. 0' from the side property line instead of the required 10' setback; 3. 0' from the front property line instead of the required 10' setback; and 4. 15' from the foundation instead of the required 20' setback; on property located at 7 Fox Road 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 concerning the variance requests on Monday, February 23rd, 2009, 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 REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 551 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 applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Randy Severance for variances from the Sewage Disposal Ordinance to install a septic system: 1. 56.12' from wetlands instead of the required 100' setback; 2. 0' from the side property line instead of the required 10' setback; 3. 0' from the front property line instead of the required 10' setback; and 4. 15' from the foundation instead of the required 20' setback; on property located at 7 Fox Road in the Town of Queensbury and bearing Tax Map No.: 266.1-1-20. Duly adopted this 23rd day of February, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RAYMOND MADDOCKS & BRIAN KING RESOLUTION NO.: BOH 8, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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, Raymond Maddocks and Brian King have applied to the Local Board of Health for variances from Chapter 136 to install a new, replacement septic system: 5. 3' from a property line instead of the required 10' setback; 6. 1' from a property line instead of the required 10' setback; and REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 552 7. 1' from a property line instead of the required 10' setback; on property located at 23 Sign Post Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, March 9th, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Raymond Maddocks and Brian King's sewage disposal variance application concerning property located at 23 Sign Post Road in the Town of Queensbury (Tax Map No.: 239.16-1-14) 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. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 9, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 23rd day of February, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None 2.0 PUBLIC HEARINGS FIRE PROTECTION AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 553 OPENED PUBLICATION DATE: FEBRUARY 13, 2009 CHARLES MELLON, SR. PRESIDENT OF BAY RIDGE FIRE DEPARTMENT AND JACK PERNA, TREASURER OF BAY RIDGE FIRE DEPARTMENT PRESENT SUPERVISOR STEC-This is for a one year contract with Bay Ridge for a total of $397,000 that is their grand total, which represents a 2.19 percent increase over the total from the 2008 contract, again it is a one year contract. I will declare of the public open if there are any members of the public that would like to comment on this public hearing just raise your hand. MR. MELLON-I think as everybody knows we have tried to hold the line just like everybody else in the area has done. I think our contract reflects that even though we have had pretty good increases we have had to just pull back on some things that we have had, too. One thing I would just like to find out or ask I know you have tried to keep the contracts the same for the most part. As far as contract goes we understand North Queensbury they are up for a three year contract is that correct? SUPERVISOR STEC-They did ask for a three year contract that is what we will be talking about. MR. MELLON-In the past we have asked we said one year contracts were it, we just wondered I don't know how that went down. We would just like to have had the opportunity just to submit a three year contract to negotiate with the board. SUPERVISOR STEC-We can certainly do it the next time. The way it went down they offered we didn't shop it, but of all of them they actually said we would like you to consider you they presented numbers that were very flat. COUNCILMAN STROUGH-If they wanted to offer a three year contract we could always amend theirs. SUPERVISOR STEC-I was going to say we can come back in the future and set a new public hearing we can open your contract at any time by mutual agreement. It is not to say that we have to wait until the end of the year we could do that later on. COUNCILMAN BREWER-We could do the one year now and then.... MR. MELLON-The one year is really time consuming I think everybody knows that. They used to be two years, well three at one time, but two years worked pretty good it just saves a lot of time for us we have a lot of things that we have to do, too so we wanted to ask that question. SUPERVISOR STEC-We are not opposed to that at all no one asked no one offered. COUNCILMAN BREWER-If we adopt this tonight you could start working on a two year plan and we can always set another public hearing and extend it two more years. SUPERVISOR STEC-It is very possible they are not opposed to that it is a little late to do it tonight we would like to get you, your contract. COUNCILMAN MONTESI-Chuck just as a question I know your company suffered a really bad accident this year with that oil spill you have done a lot of good things to try and compensate for that. I know you are still involved in the legal part is there any movement on that lawsuit? MR. MELLON-We have movement and its in a positive way I feel I think probably in the near future we will let you know what's happening there hopefully things are on the upswing now. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 554 SUPERVISOR STEC-Along those lines I think it would be unfair to not point out to the public that the 2.19 percent increase that we are talking about for 2009 over 2008's total factors in the debts service on the loan that we as a board let you take out for mitigating that until this hopefully gets resolved favorably. In order to meet that financial obligation that you now have for the oil spill cleanup until that gets resolved and turn in a grand total just under 2.2 percent that means that you had to tighten the belt in other locations so I want to publicly recognize that this budget reflects that and I take my hat off to you in doing that. I guess, what I am saying is there are always other uses that you forewent something else that you could have done. If that wasn't in this budget your budget would be probably smaller than it was. I think that the public needs to know that you were able to find a way to cut somewhere else to factor in the burden of this thing hopefully it gets resolved favorably for you with the insurance companies and the courts. I want to thank you for that and I wanted the public to know that yeah it is a two percent increase, but it is a two percent increase factoring in something that you didn't plan for, but yet you have to pay for. MR. MELLON-We we had to cut back basically for a while basically the biggest thing is fire equipment right now, but hopefully we will be able to make some of that up. That was one of the questions I had as far as the two year contract maybe we could work something on that I don't know so this is basically what I wanted to say. MR. PERNA-The only other issue was I wanted to thank you guys for at least looking into maybe allowing us to get some uniforms or at least take care of uniforms in this year's budget. I know that you decided against this year, but we look at it every year hopefully maybe next year we could see if we could put that verbiage in to help us out a little bit maybe... some of those costs. SUPERVISOR STEC-Maybe, yeah. COUNCILMAN BREWER-Maybe. SUPERVISOR STEC-Thank you both any other comment on Bay Ridge's public hearing for their contract. I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE VOLUNTEER FH2E COMPANY, INC. FOR 2009 RESOLUTION NO.: 64, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 555 WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, February 23rd, 2009 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Bay Ridge Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES :None ABSENT: None PUBLIC HEARING -FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FH2E COMPANY, INC FOR 2009-2011 OPENED PUBLICATION DATE: FEBRUARY 13, 2009 SUPERVISOR STEC-Again as was just alluded to North Queensbury's leadership when they met with I think it was Tony Metivier and myself a few weeks ago they suggested a three year contract. It is structured similarly as in years past, which will comfort some and perhaps not comfort others referring to the fact that they worked out just about completely debt free anticipating a future vehicle purchase. We always struggle with that relationship between no debt and trying to keep their debt down. We received I think there was confusion in the last audit as where it was all used maybe other would use a different word. As far as how that was represented in their contracts in fact I think it was a question that came up by the Town's Auditor that went in. Unfortunately I think it caused the fire company to pull some of their hair out because certainly they thought that they were doing the right thing, but the right language wasn't in there and it was confusing the auditor. This year we have gone back to calling this funding it will read in Exhibit A, Restrictive Vehicle/Capital Improvement/Future Vehicle Debt. The idea here and those are my words I picked them, but the idea here is that right now the money that is in this restricted account can only be used with Town Board approval in the future. Right now it is restricted, but it could be used in the future if for example they know that in the next year or two they are going to need some significant roof worked done that will total in the several tens of thousand of dollars. In the near future they are hoping to come back to the Town Board and have the Town Board consider a vehicle purchase. If we do that they would like to have as low a debt load as possible, which I think is REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 556 understandable and likely in the taxpayer's interest. With that said, it would be a restricted vehicle account until that time that we actually let them use it for a vehicle in which case it would transfer over to a down payment and future vehicle debt that is why that line in there Exhibit A is titled that way. In the Summary the 2008 Budget that they just operated under was a total of $328,000. For 2009, 2010, and 2011 the total will be $327,000 so it will go down a thousand dollars. In 2010 it will $329,100 then in 2011 it would be $329,500. In a three year period it will change about $2,500 total basically hovering around where it currently is, which is why when they suggested we consider a three year deal that basically turned in a flat budget that looked fairly attractive to us. In any event the total would be $327,000 for this year, $329,100 next year, and $329, 500 the year after that for a three year budget. In addition to that in a similar way to West Glens Falls Fire who we conducted that public hearing at our last Regular Town Board Meeting and have a resolution on tonight's agenda for the board's consideration this evening North Queensbury Fire last year created, I will apologize in advance because I will probably refer to it several times as an Association, but I think they are calling it a Service Corporation. In any event what it is the similarity between it and West is that it is another second non-profit corporation that they have created. They have transferred some funds that were accounted for separately previously in their previous structure and they wanted to move the fund raising money essentially and the donated money out of the company and into this service corporation, Bob feel free to jump in if I misspeak. In any event they have a similar situation in that they are now have a sister non profit organization that has been created there is where there is some similarities with West. As, I think Jack or Chuck mentioned just a minute ago we do strive as much as possible especially in the language to keep them as consistent as we can. Now, granted Bay Ridge and Central, and South haven't yet gone the route of creating this second entity so right now as far as language goes on this issue the board has struggled with trying to develop contract language that addresses the Town's concerns in this new relationship that we have with the company that has a sister organization. There is additional language in both the west Contract and the North Queensbury Contract that we are having the public hearing on tonight that I think it is fair to say its been worked on right up until just a few hours ago. I think that probably both of those companies will say I think it is fair for me to say that both companies are still not fully satisfied or still have concerns with the Town's proposed language. We have scheduled a public hearing I do want to conduct the public hearing take comment and we will see where we land there as far as what direction the board may or may decide to take tonight. COUNCILMAN MONTESI-Dan can I ask a question just so the public knows the three year budget is pretty flat, but in all fairness to all parties there is mortgage payment that doesn't exist anymore in North Queensbury and we are allowing those dollars to be put towards the truck fund. SUPERVISOR STEGRight. COUNCILMAN MONTESI-You don't like to refer to it as a truck fund, but that's what it is. SUPERVISOR STEGIt is a restricted vehicle account or debt which makes it easy for them for a financial perspective because you have that surge volume if you will if you will allow an engineering reference that the mortgage payment going away allows them to use either some or all of that for vehicle fund or to control their operations, which is detailed in the Schedule A. The mortgage going away gives them a lot more flexibility to be able to offer to the Town consideration for a three year not to say it still is not a good thing, but it is easier to do. COUNCILMAN MONTESI-Dan the only question that I have and just to clarify it is that West Glens Falls and North Queensbury may not be satisfied with what we like to see in terms of how this association account is handled and how it is accounted for neither does the Town Board or this Town Board member. We are going to have to sit down and come to some kind of an agreement on that. I am not sure that I am prepared tonight to vote on this because I think we need some controls here, but I think it is worthy of working with North Queensbury and West Glens Falls to say here is what we would like tell us what you don't like we have to come to some kind of an agreement. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 557 SUPERVISOR STEC-Again, I want to let the public talk, but I want to make sure that we are putting out as much relevant and factual information as possible for everyone that is concerned that maybe here tonight or watching at home. Not to pick on any party, but again there are two that did relatively similar things. The West Glens Falls theirs was primarily a real estate transfer that I would say it is fair to say it was complicated or exotic at least to get your hands around the first time, but I think we have a generally understanding of what they did. In the last round of contracts all the companies' contracts there was nothing in the contracts that prohibited a sale of real estate. There were all kinds of prohibitions in there about sale of apparatuses, purchase of apparatuses, taking on of new debt, the use of restricted vehicle account, but there was nothing in there that wasn't apparently foreseen by this or many Town Boards before us that it would ever be an issue. The company did that as they set up this structure with this second entity so that's the one that you got a good portion of the language changes. North Queensbury's I think is different in the sense that it is primarily a financial transaction that has occurred one transaction that's occurred whereas, I think West is going to have a close relationship back and forth between its association and the company going forward in the years in the terms of a mortgage and a lease. Be that as it may we try to put in additional restrictions in the new contracts that prohibit in addition to the other things before the sale of the real estate from either entity so that way the public can feel confident that hey, these large capital projects or purchase we have taken on over the years either as a Town in partnership with the company or the company by itself. The assets that are in place for fire protection will continue to be there going forward and they will be protected and they can't be transferred without the Town's consent in the future. Which, I think put the Town in a safer position going forward then it had previously been. With that said, though, there was some discussion amongst two board members that had an additional idea or additional concern to consider that I think is also a very reasonable concern for them to have and that is the Audit or the Financial Reporting, knowledge of the operation that the Town will have of this other entity. I think that is a subject for some debate as Ron mentioned that we may not have an agreement with them tonight we may need to continue to visit this. Certainly there is a concern that we want to have an idea of the total financial picture of the company as we are making decisions as to have to fund and finance the companies and their purchases with taxpayer money going forward. COUNCILMAN MONTESI-I think the public should know too, that the money we are talking about in North Queensbury in essence was through the years fund raising and donations and stuff that was left in a will where they were benefiting the fire companies. There was a fund of money that was there and making it a separate entity certainly taking it out of the checking account for the fire department makes for a little cleaner operation in terms of not mixing the money so we don't have problem with that. I guess my only problem is that I would like to see yearly how that money is growing and how you are spending it so we can discuss that. COUNCILMAN BREWER-In that vein Ron I understand exactly what you are saying I have no issue with fund raising money and money that the company goes out and earns or whatever, however, they get it. How did we maybe Barb would know how did we previously keep track of that in their audit did they just put a line with donations or etc.? BUDGET OFFICER, TIERNEY-The auditors would go and look at the books of the fire company. COUNCILMAN BREWER-It was just as simple as that. BUDGET OFFICER, TIERNEY-There were just two halves, top contract money and other money. SUPERVISOR STEC-So anyways, I wanted to try to explain as best as we can a complicated situation two companies moving parallel with similar, but not identical things going on how the Town Board is trying to react to all of this because we want to make sure that there are adequate controls. I think that the draft contracts that we have provide adequate controls I think that some of the companies and I don't want to put words in anyone's mouth maybe saying that it is too much control. I guess that's what REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 558 we need to hear and hash out and then make sure that the public is aware of before we agree to whatever we may agree with. With that said let me open this public hearing and take any public comment on the North Queensbury Proposed Contract Public Hearing tonight from anybody. PUBLIC HEARING OPENED JOHN SALVADOR-As, I understand from your comments Mr. Stec the contract that is before us tonight has been recently changed. SUPERVISOR STEC-The contract before us hasn't been changed in well over a week. MR. SALVADOR-I did obtain a copy of the contract that was available on the resolution you adopted two weeks ago setting the public hearing. SUPERVISOR STEC-I think it has changed since then. TOWN COUNSEL, HAFNER-It has not changed as to money legally that's a relevant point the cash numbers have stayed the same and that's what the public hearing has to be about. SUPERVISOR STEC-And we covered that two weeks ago. MR. SALVADOR-But, it is the contract terms are extremely important. SUPERVISOR STEC-Yes. MR. SALVADOR-That's the reason I am here to comment. So, I would suggest tonight as Mr. Montesi suggested that you not approve this budget that you keep the public hearing opened and finalize what you are going to have and present it to the public so that we can intelligently comment on it. SUPERVISOR STEC-We may very well do that, yes. We advertised it I knew that there would be people here that would want to comment. MR. SALVADOR-And, I would like to comment. SUPERVISOR STEC-Absolutely. MR. SALVADOR-I think the point should be made that the real concerns that you should have is how these monies are spent not how they are raised. It is not important where they get the money from it could fall out of heaven it is important how they spend it. This goes to the way they are organized they are organized in this State as anot-for-profit corporation under the New York State Not-for-Profit Corporation Law. One of the conditions of qualifying for a New York State Not-for-Profit Corporation is that you qualify as a tax exempt organization under the IRS Code 5013C that is only one of the conditions that New York State says you must conform; two other conditions are the following; Specifically the business activity regulated as of New York State Not-for- Profit Corporation is that of a Type B Corporation it is anon-business corporation. All the others can conduct business A, C, and D are business type corporations, but the B is a non-business corporation specifically for fire companies and fire districts. All funds regardless of the source maybe used only for non business educational and exclusively charitable purposes that is the New York State requirement. No part of the net earnings of a not for profit corporation shall...to the benefit of or be distributed to any member, trustee, director or officer of the corporation except by statute. As an IRS tax exempt corporation under Section SO1C3 the fire company is not allowed to carry on propaganda activities or attempt to influence legislation nor participate in any political campaign. Now, you know what we had up here in North Queensbury a couple years ago with the effort to bring about a fire district between propaganda and influencing this board to support the creation of a fire district. Type B not for profits can not conduct their affairs for pecuniary profit or financial gain. Type B not for profit corporations are suppose to be more carefully regulated than Type A, C, or D because of the public benefit purpose REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 559 and public funding. As, I say this is the most important thing is how the money is used that is what we should concern ourselves with. Now one of the big problems everyone is having with sorting this out is the co-mingling of funds there is no question these fire companies should have separate accounts all of them auditable. They should have separate accounts how they raise the money and account for it accordingly. The co- mingling of funds makes it extremely complex. COUNCILMAN BREWER-Isn't that the question that I just asked a minute ago John. MR. SALVADOR-Pardon me. COUNCILMAN BREWER-That's the question I asked just a minute ago they do that. They do have one line in their budget as far as fund raising or call it what you will and they have another section in their budget as far as Town funds so they do that. MR. SALVADOR-It is not a separate accounting okay. Money that has to be spent has to come out of a cash account and those accounts should be separate. Whether it is foreign fire tax money, money they raise from... . COUNCILMAN BREWER-It is accounted for though in a manner that is acceptable to our auditors I guess that is what I am trying to say. MR. SALVADOR-I can tell you something I read your audit reports and the auditor is trying to tell you things that are not right. SUPERVISOR STEC-If our auditor was trying to tell us something I am sure they would have told us something. Let me ask you this John to just move this along, but I want to try to get a little bit of closure on the point that I think you are trying to make. You have written several letters on this subject in the last several months you have copied everyone under the sun including the local State Comptroller's Office. You have gotten some replies from me not to every letter, but in general from time to time as necessary copying the same distribution list. In addition to that we have also asked the State Comptroller's Office hey, we are an open book here if you have any concerns by all means let us know. I haven't heard anything from the Comptroller's Office, Barb hasn't heard anything from the Comptroller's Office; my question to you is have you heard anything from the Comptroller's Office in answer to any of your letters? You lay out all these concerns to them and if there was a concern that's what they get paid to do. MR. SALVADOR-Please understand I can copy a letter to the Comptroller's Office I have no standing to ask the Comptroller for an opinion. SUPERVISOR STEC-We have invited the Comptroller to let us know if they think that we are doing something wrong. MR. SALVADOR-Understand, I have no standing. In this budget I hope that it remains the same. SUPERVISOR STEC-The budget has not changed since the public hearing the numbers on the budget John. MR. SALVADOR-Attached is Exhibit A it shows the three yearly budgets. By the way I just cannot understand in these economic times where we don't know what is going to happen to the value of the dollar the purchasing power of the dollar next month yet alone three years from now that somebody would be interested in locking in at a fix rate a contract three years from now it might cost us twenty bucks for a loaf of bread in three years. SUPERVISOR STEC-If that's the case these terms would be favorable to the Town. COUNCILMAN METIVIER-I was just going to say this is a good deal. SUPERVISOR STEC-That is the fire company's risk. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 560 MR. SALVADOR-That's why I can't understand why they would take that risk. The other thing this contract is the one I read did not have any provision in it for the anticipation of the formation of a fire district is that not something they are planning on pursing in the future? SUPERVISOR STEC-I am sure they are still interested in it, but it is not in the contract anywhere correct. MR. SALVADOR-One other thing that is going on now in North Queensbury is we are still circulating petitions for a formation of a Village. In that case you should know it is going to be the responsibility of the Village Officials if it ever comes about to purchase fire protection services. The fire company elected when we were drawing the boundaries of the village that the firehouse and the property on which the firehouse sits are not included within the village boundaries. The reason why they prefer this was that apparently something in village law says that if you a member of the village fire company you have to be a resident within the village district or something like that I am not really sure of the details, but it was their choice not to be within the village boundaries. Of course the village will be forced to purchase fire protection services. COUNCILMAN MONTESI-The newly established village. MR. SALVADOR-If it comes about. You can be sure the Village Fathers who ever they are will be seeking to find the best deal they can in Town for fire protection. There is no assurance that we would be locked in to this fire company there is another fire company within the village boundaries that is the Pilot Knob Fire Company maybe the fire protection services will be purchased from that company alone there is a lot going on. With regard to the budget I am glad to see there has been some work on this contract, which is a vast improvement over the past. They do break down their cost and they show an item called Operations. SUPERVISOR STEC-Actually let me take the bullet for that one John because you brought this up two weeks ago I didn't correct you because I didn't think it was material, but you are focusing on it I want to do that. That is something that because you define some accounting terms and what not. This is really more a self tracking thing for I would like to think the board, but mostly me as I do my own preparations. You are right insurance could easily be part of operations these are categories that I created. Basically I am looking to get an idea around variable cost verses fix cost. The fire fighters that are here tonight that have sat down and negotiated contracts with me over the last five years they have all heard this before, but I will say it again. It is important that people understand their debt is their debt the Town has to approve their debt. We don't co-sign we don't share the responsibility, but their contracts read they have to get our approval to take on debt. With that said we know what the debt is it is predictable we know when it is going to end so it is not going to change so I look at it as a fixed cost we pull that out. Insurance it is a big chunk of money they all have it we kind of pull it out separately. Basically operations the way that I was looking at it and the way that I asked the fire companies to look at it pretty much everything else that could be variable it could fluctuate with call volume, power consumption those sorts of things those are the things that if you are looking at an inflationary adjustment I want the inflationary adjustment as you would to be on the smaller on the part not on the whole why would you put inflation on top of debt, debt is debt. That is a category that I created not the fire company not any of the fire companies that really is our own internal don't read too much more meaning into it they certainly didn't use it, it is my term not theirs. MR. SALVADOR-But you are to be complimented for it. SUPERVISOR STEC-Thank you John it is nice to hear. MR. SALVADOR-In any case you have this category you have established this category called operations. The contract is written such that certain items of expenditures that are in the Audit Report and look like they could be called operations should be excluded and that's by contract. For instance banquets and parties are not allowed to be an operation expense that is something separate another account they should have. Contributions REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 561 specifically prohibited to that we pay for the cost of fund raising that's in your contract. Depreciation it is a non cost cash cost item I know it has to come in someplace to be used as an expenditure I understand the accounting, but not as a cash cost. Good and Welfare I have no idea what that is it doesn't sound like an operating expense. There is Miscellaneous Refreshments it is getting out of hand refreshments in the thousands and thousands of dollars and advertising. What, I did is I took the three years of Loftus Ross Audit Statement their operating statement. I picked out of that the category of items that I feel are justifiable operating expenses. These include communication equipment, fire service award, turn out gear and uniform, marine expenses, physicals, bank charges, office supplies, professional fees, repairs to the building, equipment, repairs, small tools, telephone, utilities and vehicle expenses those sound like all operating expenses. I kind of looked at the three year trend of what that looked like there were some things that kind of stood out that need to be looked at, but I made adjustments accordingly. One of them is turn out gear and uniforms we are obligated to pay for turn out gear, but not uniforms that looks like that number includes both again separate accounts. The other one is professional fees bounced around like you can't believe I gather that the twenty six thousand they spend on Behan Communications was originally in this category. Building Repairs, building repairs are just incredible forty, fifty, thousand dollars a year to repair a building that should be pretty maintenance free. In any case I totaled those up and I got something in the order of ninety thousand dollars for those justifiable operating expenses that compares with the two hundred and one thousand that is in this list here. I really think you need a breakdown of this operating cost to see what's in there how can you control if you don't know what's in there. It is too much money in one category without definition I think that should be sorted out for us to see. After all they report to your auditor these items as light and heat, bank charges, physicals, and all that, I think it should be on the table. I don't have much more to say tonight, but I would encourage you to take another look at this contract the three year aspect of it makes no sense at all makes absolutely no sense at all especially when you look at the magnitude of the numbers. Also they have for instance you look in the year 2009 this year and they forecast the restricted vehicle capital improvement and future debt a hundred and two thousand dollars. Yet next year there is no debt service don't they intend to spend this money this year? SUPERVISOR STEC-No that is what I tried to explain earlier they want to fund this restricted account and then either 2009 or 2010 they are going to want to replace a roof that upwards of a hundred and something thousand. Like the restricted vehicle funds of old if they get approval in the next three years to buy a vehicle from the Town Board to buy a new piece of apparatus there is likelihood that you are talking about something in the half million dollar ballpark that is why they are asking for it to be funded. Their hope is instead of having to finance a half a million dollars they are financing half that, which if your in a position to do that because you are debt free that's great that is good management. MR. SALVADOR-Why doesn't the Town keep these funds in a reserve? SUPERVISOR STEC-Again we have looked to that general question before and these are non profits that we contract for service for there are certain things we can and can't do as far as how much money we can hold. Maybe we can if we could do that it will require an increase in the fire tax. MR. SALVADOR-This is what happens let's say you do this for each fire company they have their own reserve fire company A comes along and needs a half a million dollar piece of equipment, but they only have two hundred thousand dollars in reserve so, what we have to do is purchase that and finance the difference. We have sitting in accounts over here and the other four fire companies we have money in reserve certainly the interest we are going to pay on that debt is going to be greater than the interest income we are going to have on the reserves that are socked away. SUPERVISOR STEC-Which, is precisely why when I became Town Supervisor I advocated for the or at least the ceasing of funding the restricted vehicle funds because you are putting money into a savings account earning two or three percent and they were interest on building and apparatuses at six, seven, eight, nine, ten percent in some cases REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 562 that didn't make any sense pay off the high debt first. In fact, there was a contract year where the contract read exactly that we are giving you x dollars; I can't remember what the number was thirty five or forty thousand dollars to pay down whatever your highest debt was. It made no sense why put it away at two percent if you are paying on seven or eight percent. MR. SALVADOR-Good why are you reversing your thinking here? SUPERVISOR STEC-Because North Queensbury is debt free now they are the only company that is debt free. COUNCILMAN BREWER-What he is saying it doesn't change the protocol. SUPERVISOR STEC-So what. COUNCILMAN BREWER-What difference does it make. MR. SALVADOR-In any case you have asked them in the contract for a five year capital expenditure you should know where this money is going to go and when. SUPERVISOR STEC-That is the request and then, of course, there is the reality of the Town Board are we going to let them we are waiting for a fire study that is going to give us hopefully some good guidance as to future apparatus purchases and then you have the economy and what we think the taxpayer will bear. If you have five fire companies out there making these decisions independent of each other and the Town and the taxpayer I mean sooner or later the clearing house is the Town Board for making those decisions. We want to know for our planning purposes what is coming down the pike, but we certainly aren't obligated we have not committed ourselves to their schedule that they provide us annually as much as may like us, to. That has been their understanding all the fire companies understand that it is a planning tool, but we are not obligated to that. It is literally, well you know what you would like to replace this vehicle, but there are two other companies that are also likening to replace a vehicle the same year we are not going to buy three vehicles in one year that is when we kind of sort it out much to the frustration of whatever two fire companies don't get the vehicle that year. We are trying to do that it is very difficult juggling match with five fire companies. MR. SALVADOR-Just one more thing please whatever you do all of these monies should be in separate accounts they should all be audited by the Town you know what is where and the control is on how they spend it not how they raise it. COUNCILMAN MONTESI-That is the direction we are going. SUPERVISOR STEC-That is the direction we are heading in. MR. SALVADOR-Thank you. SUPERVISOR STEC-Thank you. Is there anyone else that would like to comment on this public hearing I thought I saw Mr. Reinbach he had his hand up before. You and I talked today we have been talking off and on through surrogates for the last couple weeks. The last twenty minutes fair discussion as to where you think that we think things are? ATTORNEY REINBACH-Very fair, yes sir. Brian Reinbach on behalf of North Queensbury Volunteer Fire Company. Mr. Supervisor and Gentlemen of the Town Board I would just like to make a brief prepared statement that we have put together. As you know the North Queensbury Volunteer Fire Company has been serving North Queensbury probably and effectively for over sixty years. We would like the opportunity to continue to be able to do that for at least sixty more and the three years in the contract is a start on that. Over the last fifteen years as you may know the average budget growth for North Queensbury Volunteer Fire Company has been only about one percent per year it has been relatively flat. Last years budget as you know was three hundred and twenty eight thousand and we have agreed to again a relatively flat growth pattern in the next REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 563 three years budgets three twenty seven this year and then over the next two years an average of twelve hundred fifty dollars per year. We have paid off all the debt we have created a truck fund to obviate the need as you just discussed with Mr. Salvador, Mr. Supervisor for borrowing for the new truck. We plan to retire two trucks and replace them with one a twenty four year old truck and a twenty two year old truck those are old trucks even though they do last a lot longer than a car does that is still very old equipment and we want to replace those two trucks with one. Additionally a few years ago the company spent over ten thousand dollars of donated non tax, non Town money to help feed and support their neighbors who were hurting and in need due to a major winter storm disaster that's the kind of thing North Queensbury Volunteer Fire Company does with those donated non Town funds. There has been some discussion here about banquets and fees and things of that nature a lot of that money goes to help our neighbors in need and will continue to do so. In all North Queensbury Volunteer Fire Company is a paragon of fiscal integrity. We don't steal any money nobody in our department does we never have we never will. We received some proposed changes to the proposed contract that had not been approved I don't believe by you as a board and because we are a volunteer organization it is rather difficult on short notice to get our Board of Directors together especially when we are talking about two Board of Directors for two separate legal corporations. We want to agree to the contract we are fine with the numbers we agree with all those numbers and the way they are structured we do not agree with the language as presented in those modifications. We would like an opportunity in the coming days to discuss with you gentlemen those propose changes and come to language, which will legitimately address your concerns and yet which will preserve the integrity of the North Queensbury Volunteer Firefighter Service Corporation a separate legal entity. I am not authorized to enter into any agreements tonight I would say a heck of a lot more than that, but if you have questions I would do my best to answer them. Thank you. SUPERVISOR STEC-Thank you, Brian. Before the board jumps in since I see there are several members from West Fire here as well I did talked to their President late this afternoon you are right with the holiday schedule last week for schools there are a lot of us in the room were anywhere except for in Queensbury working on this. I know that it was difficult although I think we made a little bit of progress at least in understanding where each of us is coming from, but because West is here as well and as I alluded to earlier that although each side may say well we are not the same and they are not the same, but there are enough similarities between the two and I am also aware of that there has been at least some sort of communication between the two fire companies to want to make sure that they stay on the same page. We do see a value in keeping the language for North's contract as it pertains to this new association or Service Corporation as similar as possible to what we are going to end up agreeing to ultimately and asking west to do. I think that yes there are two relationships that the fire companies have, but their associations may be different as compared to one another. The Town's interest are going to remain the same that we are concerned about what the picture looks like to the taxpayer and so it is quite possible that whatever arrangement we land on for North and whatever our audit requirements will or won't be for this other entity we are going to want to carry them forward as well to West. I think that there is a fairness there I wouldn't want to ask West to sign something that is much more stringent that I turn around and ask North to sign as it pertains to contract language to me there is a certain amount of fairness there and I think everyone knows that, but I wanted to put that out for everyone to hear because I know there will a lot of members that are hearing this Bay Ridge is here as well they are not directly involved in this discussion on associations. The fire companies work exceptionally well together with each other on a fire scene I have been there I have seen that. I have been at the dump when it was burning two o'clock in the morning and I have seen these guys work their tails off. I know where some of the money that people question how can you spend thousands of dollars on refreshments. I don't know for a fact how North accounted for it, but I do remember that North asked the Town for ten thousand dollars to cover all the sandwiches and cooking that they and their auxiliary did for all the residents during an ice storm I imagine that somehow came out of their operating funds so I know how well they work operationally together. They are also very, very good at not wanting to embarrass one another publically. After ten years of doing what I do it is real easy for people to want to embarrass people when they get a chance to I think it is a testimony to the professionalism of the five fire companies and the three rescue squads that they don't do REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 564 that publically. Privately, I can tell you that every one of these companies is very concerned with how each others contract language is worked out and how the money is working out. I think reasonably so because they expect and they deserve fairness in treatment from the Town Board I don't, anybody would dispute that. Central's budget should be the largest because Central is running a lot more calls than everybody else so I think everyone understands that nor do they want it to get out of hand. I think that the companies are good at saying, hey there is going to be a relative size budget comparison when it comes to contract language and how we treat them as trivial a matter as perhaps dress uniforms should they or shouldn't they be allowed as part of the fire contract. Question might be and on a case by case basis an individual company it might not be a significant amount, but if you are going to say yes to one you better had said yes to everybody else already. We already have one that went out the door South Queensbury's was the first one approved several weeks ago. We're in a position where we have hundreds of men and women in five different companies that are all working for free for the taxpayer to provide a very important service under miserable conditions. I mean there are a lot of other wonderful organizations, but it is one thing to say I am going to deliver something every Thursday afternoon to somebody that needs it and I'm going to jump out of bed no matter what the time of day is no matter what my personal schedule is, how I feel, and I am going to go in the middle of the night in a very dark place and very cold and do something that could be very dangerous to me so we respect what they do. The five of us ultimately have to make sure that we are keeping of peace with the five of them and as much as we can help them give peace with each other. Like, I said they are able to set all that aside operationally and they are very professional about it publically, but I know I feel a pressure to make sure that there is fairness between West, North, and Central, and Bay Ridge, and South. Whatever we are going to agree to do with North's contract language North needs to understand and if you wouldn't mind bringing that back to them I have talked to several of them already I think they understand. I think it is worthwhile for everyone to understand that we all five of us and the five before us, and the five before that whether we agreed with each other on a lot of other matters or not the one thing that I think that the Town Board's have always been pretty consistent about is that we are sensitive to how we treat these five fire companies as it pertains to the fairness in their contract not only one on one, but what we do for one verses the other. Whatever we are going to want to do for West we are going to want to do something darn similar for North in this matter. That might be more to West's advantage than it is to North's advantage or vice a versa, but we are going to try to be consistent I think there is a lot of fairness in consistency. ATTORNEY REINBACH-Thank you if I may respond to that briefly. I would add that getting up at two a.m. and whatever kind of weather with always a chance that you may not come back. SUPERVISOR STEC-Yes, absolutely. ATTORNEY REINBACH-To reiterate again Mr. Supervisor we are not seeking any secrecy or anything less than full transparency real full transparency not the kind we heard about before with the Town and taxpayer funds. They are absolutely one hundred percent fire company property and we only intend that those be spent on the absolutely proper purposes on the budget. What we are talking about with the Service Corporation is donated non tax, non taxpayer, non Town funds that is what we are talking about just to be clear. COUNCILMAN MONTESI-Let me ask you a question before we get into a long discussion on negotiations. As, a representative representing the fire company do you feel that there is a workable agreement we feel strongly, I guess you are getting the feeling that some kind of an audit should exist on the Service Organization is that something that is going to be very hard to swallow am I getting that from you by the fire company? ATTORNEY REINBACH-It is. COUNCILMAN BREWER-Why is that if I might ask. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 565 COUNCILMAN MONTESI-Why do we have to sit down and talk about it then? ATTORNEY REINBACH-Because hard to swallow doesn't mean impossible with all do respect people rarely finish negotiations in the same position they started at. COUNCILMAN STROUGH-Also let's not confuse the issues. All of us in here and the community at large deeply appreciate and respect the efforts of the volunteers of not only North, but the other five companies, too. I mean it is not paid they have to drop their kids and answer a call. They have to stop mowing the lawn answer a call. In the middle of the night or whatever it might be we know the sacrifice they go through and we all appreciate that, but that is not what we are talking about. What we are talking about and you mentioned sixty year history we are talking about a company that has had a contract and its finances have all been within that contract. What is new and hasn't happened in the previous sixty years is they have cut out an asset that has been under the purview of this Town Board and it has been auditable by this Town Board and put it a separate entity now is that okay it just might be, but we don't know at this point because it is new. Was that asset that was brought from this entity to this entity was that something that we should have control over that is not a question that has been answered yet. Where is the verification that the asset belongs over here or could belong over here we have had no verification of that. You mentioned X number of dollars how do we know X number of dollars belongs over in the separate entity. COUNCILMAN MONTESI-Yeah, it wasn't taxpayer's dollars. COUNCILMAN STROUGH-The other thing is too, just like the firefighters and like yourself you pride yourself in dotting your I's and crossing your T's so does this board. We have the public's interest at heart here and we have to make sure that it is protected. Everything might be okay in the end when the State Comptroller's say's gees it is okay for them to have that and you don't need to verify those assets that are thrown over into that other entity well great if that's what the State Comptrollers Office says, but we have to wait. We are bringing this to the State Comptrollers Office not because we think you did anything wrong just because we are covering the community's interest in protecting that we are doing our job. The contract that we have here does protect the community's interest and allows this separate entity to exist for now until it gets reviewed by the State Comptrollers Office so there is nothing wrong for that let's not confuse the two issues. We do appreciate every effort these volunteers make this is a separate issue all together. ATTORNEY REINBACH-Understood. Councilman Strough if I gave the impression that we were somehow resentful or frustrated with the fact that the board is doing their job then I have misrepresented the facts and I apologize for that we are not in any way. We appreciate that you have a job to do to the taxpayers of this Town we appreciate that you will do that job to the best of your ability we would expect nothing less. We are asking for the opportunity to assist you and to continue that process to make sure it is accomplished thoroughly completely and satisfactorily. We would like to sit down go through all those questions that you have and answer your questions. We are confident that the State Comptrollers Office now that you've said it will be reviewed by them will come down on the side of what we represented what we have said and what our position is. We are also confident that once we get a chance to discuss the merits of this matter with you, you will agree with us at least to some extent that what we are doing is proper and appropriate. We welcome the opportunity we are requesting the opportunity to make sure that your questions are answered and that this process is complete and satisfactory to both parties. COUNCILMAN BREWER-For one, I am all for it. I would just soon sit down with all the board members involved and let's get all the questions out on the table and get the answers out and settled it once and for all. SUPERVISOR STEC-What I was going to suggest we will take whatever public comment there might be and I am going to suggest that we keep the public hearing open. Sometime between now and the next time that this shows up on an agenda for a conclusion of the public hearing hopefully we will have that opportunity. We probably are not likely at all to get an answer from the State Comptrollers Office in the next few REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 566 weeks that is a month process we know that. I think we weren't necessarily looking to hold this process up until we get that answer, but we wanted to send it in a parallel path. I think what I am going to suggest and I know that West is back there I am going to look at the three leaders that I have been dealing with the most on this to see if their concurrent they are not on the public hearing agenda they are actually the first resolution. Unless the board kicks me under the table I think that we are going to probably handle this in a parallel path we may or may not meet with you both at the same time or the same evening maybe separate evenings. In any event we are going to do our best whatever we do to keep those languages similar or at least have both companies saying that change in their contract doesn't bother us. To take the public comment get the language firmed up again let it be presentable to the public so that the public can have a quick review of that. Conclude the public hearing and act on it in the future later in March probably late March. COUNCILMAN BREWER-Dan can I make a suggestion. SUPERVISOR STEC-Yeah, Tim. COUNCILMAN BREWER-I am sure this is not the first time this has arisen we have been assured by both companies that it has happened before and its done in different part why don't we find a place where it has been done and get their opinion that they must have gotten from somebody to say that it's okay or it's not okay and run with that rather than waste our time wanting for the Comptroller. SUPERVISOR STEC-Maybe if we can get that. COUNCILMAN BREWER-If there is some City in the State somewhere that it has been done... . ATTORNEY REINBACH-I have been lead to believe by a very reliable source that the same type of Separate Corporation has been set up for Volunteer Fire Companies. I would like to be certain that it is a Volunteer Fire Company that contracts with a Town is not the only company in the Town not a fire district or some other set of facts that can change the analysis, but I will find that out. SUPERVISOR STEC-I will ask Bob to help us find another New York State Volunteer Fire Company entity with similar circumstances. By no means should you feel like we are not interested if you can help that analysis and find what you think is an apple to apples comparison granted we will do our due diligence and make sure that it is a good fit. If you could help us find two or three that you would say, these are three that are similar certainly Bob can be in contact with Jeremy Spike from West to see if he has one or two that he could throw our way I think there is value in that. Again, I think Councilman Strough summarized it pretty well is that it is new to us because it is new to us doesn't mean that it isn't completely okay it is new to us and we are trying to be cautious about it in a healthy way not in an unhealthy way. I know that from my conversation with President Gillman earlier today on the phone and a communication from their Attorney that they would also prefer for us to continue to work on essentially the same issue the audit ability I think they have another issue that is related to buy us a little time on both of those. Their public hearing is closed already, but I think the venue for where we are landing will be this public hearing plus their resolution will be done on a regular meeting there will be plenty of opportunity for people to have an idea of what we have done it is going to be similar obviously to what we are going to do for North. I think as far as the public comment for that as our Attorney pointed out the legal requirement for the public hearing is to set the money the financial terms of the contract the language terms can be changed outside of the public hearing. In the interest this is two million dollars worth of taxpayer money goes to the five fire companies every year this is the kind of thing that we are going to want to have a chit chat on. My intent is to keep your public hearing open and my suggestion to the board for West is that I will suggest that we pull your resolution for tonight unless you guys really want us to act on it tonight. I think what you would want us to do is to pull your resolution not act on it until we continue to hammer out some language with you guys is that fine with you John, I am just looking for a nod of the head. Are you following we are not going to act on yours we REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 567 are going to hold yours and North both aside for a little while if we can get to an agreeable position. No promise that we are going to land somewhere you guys are all going to like, but we will work a little bit harder on it. With that said is there anyone else that wants to comment on this public hearing I will leave the public hearing open, but I want to take any comment from anyone that came here for this tonight. Again, I will leave the North Queensbury's Volunteer Fire Company Contract Public Hearing opened; we will take no action on it this evening. Just for those of you keeping score at home Resolution 4.1 Karen, which is the resolution Approving the Service Agreement between Town and West Glens Volunteer Fire Company we will pull that off this agenda? You guys are free to stay if you want, but if you are waiting to make sure that we don't act on it I am telling you we are not going to act on it. PUBLIC HEARING TO REMAIN OPENED NO ACTION TAKEN PUBLIC HEARING -ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION OPENED PUBLICATION DATE; FEBRUARY 13, 2009 SUPERVISOR STEC-This public hearing we set a couple weeks ago. This Rawson Subdivision is located near the corner of West Mountain and Potter Road in Queensbury. We had set this public hearing I am not sure if Bruce wants to mention we would be extending the Consolidated Water District for this subdivision Bruce do you have anything you want to add you don't have to if you don't want to. WATER SUPERINTENDENT, BRUCE OSTRANDER-Basically the only interest we had in this was the fact that three of the parcels were not entirely in the district so we just wanted to extend the district to make sure the entire parcels were in the district. COUNCILMAN MONTESI-Bruce when a new subdivision comes into Town how many feet out of the district does it have to be where it was mandated that the subdivider hookup to the Town? For instance if somebody builds a subdivision that is nine hundred feet away from the Town water district is he obligated to hook up I always thought there was a footage. WATER SUPERINTENDENT, OSTRANDER-Do you mean the entire subdivision is outside of the district? COUNCILMAN MONTESI-Yeah. WATER SUPERINTENDENT, OSTRANDER-I am not sure I would have to look into that. COUNCILMAN MONTESI-I thought that we passed a rule on subdivisions at some point in the past that said I thought it was if you were within a thousand feet of an existing water district it is the obligation of the subdivider to provide Town water. COUNCILMAN BREWER-Why wouldn't we make a subdivision tie into I guess if it was more than two thousand feet it probably wouldn't be worth it would it. COUNCILMAN MONTESI-For some reason I thought it was a thousand feet. COUNCILMAN METIVIER-Pliney is saying two thousand. COUNCILMAN MONTESI-Well it is two thousand feet. WATER SUPERINTENDENT, OSTRANDER-But the developer is taking care of all the costs. COUNCILMAN MONTESI-Right it is his obligation I said that. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 568 MR. TUCKER-The water is there right on West Mountain Road isn't it? WATER SUPERINTENDENT, OSTRANDER-That's correct. COUNCILMAN BREWER-Why were three lots left out was it just an error? WATER SUPERINTENDENT, OSTRANDER-They weren't left out there is just a small portion of the three lots that are outside of the existing water district we are just extending it to make sure the whole lot is inside the water district. COUNCILMAN BREWER-AIl right. COUNCILMAN METIVIER-They were already in. WATER SUPERINTENDENT, OSTRANDER-Most of it was inside the water district. COUNCILMAN MONTESI-Okay. COUNCILMAN STROUGH-Is there any issue with getting a right amount of pressure? WATER SUPERINTENDENT, OSTRANDER-No not where those lots are. COUNCILMAN MONTESI-This isn't higher than our West Mountain tank. WATER SUPERINTENDENT, OSTRANDER-No. COUNCILMAN BREWER-I am sure they will have plenty of pressure. COUNCILMAN STROUGH-The reason why I mention it is I am located in a similar situation I get twenty pounds of pressure and I have to boost it in my house that's my responsibility. WATER SUPERINTENDENT, OSTRANDER-It depends on where you are on West Mountain Road. COUNCILMAN BREWER-I guess any other questions. DEPUTY CLERK, O'BRIEN-You have to open the public hearing. SUPERVISOR STEC EXITED THE MEETING COUNCILMAN BREWER-We will open the public hearing does anybody have any questions on this particular public hearing, hearing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION RESOLUTION NO. 65, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 569 WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west side of West Mountain Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the east side of West Mountain Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, on January 26th, 2009, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller's Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension on Monday, February 23rd, 2009 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review is not required, REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 570 NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Water District Extension (to serve the Rawson Subdivision) to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water District Extension to serve the Rawson Subdivision to the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that this Resolution is also subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12- A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 571 NOES :None ABSENT: Mr. Stec PUBLIC HEARING LOCAL LAW TO ADOPT CHAPTER 146 OF TOWN CODE GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM AND AMEND STORMWATER MANAGEMENT PROVISIONS OF TOWN CODE OPENED PUBLICATION DATE: FEBRUARY 13, 2009 COUNCILMAN BREWER-Bruce are you here to also speak of this? COUNCILMAN MONTESI-Mike is. COUNCILMAN BREWER-Mike is. ATTORNEY HAFNER-This is the Stormwater you have had a Town Board Workshop Meeting and I think Dan asked Dan Ryan to come if the Town Board had questions. My understanding is that you guys had a Workshop Meeting and were satisfied you have made some small changes. Mike Hill of my office made those changes that came out of that meeting you have gone through it in great detail and this is required to comply with DEC Regulations that is dealing with MS 4. We have to move forward on it because it is required by DEC. We have run the changes by the Town Board very closely we have run them by our Town Engineer; we have run them through our office. We have gotten input from various people and the Town Board can act tonight there is one entity that wants to meet with us we will do that in March the Lake George Park Commission they said that they would I forget how they worded when they talked with Stu but the understanding was that they would go forward with it, but if we require some changes to comply with the Lake George Park Commission regs than we will come back with some revisions, but we need to get an MS4 set of regs passed to comply with DEC. COUNCILMAN BREWER-So we can open the public hearing on 2.4 then? ATTORNEY HAFNER-Yes. COUNCILMAN BREWER-Is there anyone here to ask any questions on this public hearing, none this is rather easy any questions from the board? NO PUBLIC COMMENT COUNCILMAN BREWER-Why do we have A and B Stu? SENIOR PLANNER, BAKER-The first resolution is dealing with SEQRA. COUNCILMAN BREWER-The second one is to adopt it? SENIOR PLANNER, BAKER-That's correct. COUNCILMAN BREWER-Do you want to take us through SEQRA. SUPERVISOR STEC ENTERED MEETING 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 REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 572 AGENCY. No C. COULD ACTION RESULT IN ANY 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 exists 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-CS? Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NONE 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 DETERMINATION OF NON- SIGNIFICANCE REGARDING PROPOSED LOCAL LAW NO. 2,OF 2009 TO ADOPT CHAPTER 146 OF THE TOWN CODE GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM AND TO AMEND STORMWATER MANAGEMENT PROVISIONS OF THE TOWN CODE RESOLUTION NO.: 66, 2009 REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 573 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.:2 of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and Amending Stormwater Management Provisions of the Town Code" which Law is intended to establish Town storm sewer regulations and update the Town's Stormwater regulations, as required by New York State, and WHEREAS, adoption of this legislation is authorized in accordance with New York State Environmental Conservation Law and regulations and New York State Municipal Home Rule Law § 10 and New York State Town Law Article 16, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, 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 of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 23rd day of February, 2009, by the following vote: REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 574 AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2009 TO ADOPT CHAPTER 146 OF THE TOWN CODE GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM AND TO AMEND STORMWATER MANAGEMENT PROVISIONS OF THE TOWN CODE RESOLUTION NO. 67, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: 2 of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and Amending Stormwater Management Provisions of the Town Code" which Law is intended to establish Town storm sewer regulations and update the Town's Stormwater regulations, as required by New York State, and WHEREAS, adoption of this legislation is authorized in accordance with New York State Environmental Conservation Law and regulations and New York State Municipal Home Rule Law § 10 and New York State Town Law Article 16, and WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQRA") the Town Board has considered the potential effects of the proposed Local Law and has issued a Negative Declaration, finding that it will not have any significant adverse environmental impacts, and WHEREAS, the Town Board duly held a public hearing on Monday, February 23rd 2009 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and Amending Stormwater Management Provisions of the Town Code" as presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 575 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 as provided by law. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None LOCAL LAW NO. 2,OF 2009 A LOCAL LAW ADOPTING STORM SEWER SYSTEM REGULATIONS AND AMENDING STORMWATER MANAGEMENT PROVISIONS OF TOWN CODE Be it enacted by the Queensbury Town Board as follows: ARTICLE 1. Purpose and Authority. The purpose of this Local Law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of Town residents and to provide for the health, safety, and general welfare of the Town residents through the regulation of non- stormwaterdischarges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by Federal and State law. It is adopted pursuant to Municipal Home Rule Law §10. ARTICLE 2. Town Code Revisions. A. The following new Chapter 146 is hereby added to the Queensbury Town Code: CHAPTER 146: STORM SEWER SYSTEM DISCHARGES, ACTIVITIES AND CONNECTIONS §146-1. Purpose and intent. The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Queensbury through the regulation of non- stormwaterdischarges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by Federal and State law. This Local Law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this Chapter are: A. To meet the requirements of the SPDES General Permit for stormwater Discharges from MS4s, Permit no. GP-02-02 or as amended or revised; B. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; C. To prohibit Illicit Connections, Activities and Discharges to the MS4; REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 576 D. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Local Law; and F. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, local lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. §146-2. Definitions. Whenever used in this Chapter, the following terms shall have the meanings set forth below unless: (1) a different meaning is stated in a definition applicable to only a portion of this Chapter and/or (2) the definition of the same term under Chapter 179 of the Town Code when applied under this Chapter 146 would be more restrictive of non-stormwater discharges to the municipal separate storm sewer system (MS4), in which case the definition from Chapter 179 shall apply here: BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), and any subsequent amendments thereto. CONSTRUCTION ACTIVITY. Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02- 01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. DEPARTMENT. The New York State Department of Environmental Conservation. DESIGN PROFESSIONAL. New York State licensed professional engineer or licensed architect. HAZARDOUS MATERIALS. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 577 previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. ILLICIT DISCHARGE. Any direct or indirect non-stormwater discharge to the MS4, except as exempted in Section 6 of this Local Law. INDIVIDUAL SEWAGE TREATMENT SYSTEM. A facility serving one or more parcels of land or residential HOUSEHOLDS, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Local Law. INDUSTRIAL ACTIVITY. Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised. MS4. Municipal Separate Storm Sewer System. MUNICIPAL SEPARATE STORM SEWER SYSTEM. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by the Municipality; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2 MUNICIPALITY. The Town of Queensbury, sometimes also referred to as the "Town". NON-STORMWATER DISCHARGE. Any discharge to the MS4 that is not composed entirely of stormwater. PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. POLLUTANT. Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the State in contravention of the standards. PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. SPECIAL CONDITIONS. 1. Discharge Compliance with Water Quality Standards. The condition that applies where a municipality has been notified that the discharge of REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 578 stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d) Listed Waters. The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 3. Total Maximum Daily Load (TMDL) Strategy. The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. 4. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Department that authorizes the discharge of pollutants to waters of the State. STORMWATER. Rainwater, surface runoff, snowmelt and drainage. STORMWATER MANAGEMENT OFFICER(S) (SMO). Town employees (5) or other public official(s) designated by the Town Board to administer and enforce the provisions of this Chapter. The SMO(s) may also be designated by the Town Board to administer and enforce Chapter 147, or the Town Board may designate one or more other SMOs for that purpose. 303(d) LIST. A list of all surface waters in the State for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. TOTAL MAXIMUM DAILY LOAD (TMDL). The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant. WASTEWATER. Water that is not stormwater, is contaminated with pollutants and is or will be discarded. §146-3. Applicability. This Local Law shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 579 enforcement agency. §146-4. Responsibility for administration. The Stormwater Management Officer(s) (SMO(s)) shall administer, implement, and enforce the provisions of this Local Law. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality. §146-5. Severability. The provisions of this Local Law are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Local Law or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Local Law. §146-6. Discharge Prohibitions. A. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Section 6.1.1. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows: (1) The following discharges are exempt from discharge prohibitions established by this Local Law, unless the Department or the Municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. (2) Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this Local Law. (3) Dye testing in compliance with applicable State and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test. (4) The prohibition shall not apply to any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of Illicit Connections. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 580 (1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this Local Law if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue. §146-7. Prohibition against failing individual sewage treatment systems. No person shall operate a failing individual sewage treatment system in areas tributary to the Municipality `s MS4. A failing individual sewage treatment system is one which has one or more of the following conditions: A. The backup of sewage into a structure. B. Discharges of treated or untreated sewage onto the ground surface. C. A connection or connections to a separate stormwater sewer system. D. Liquid level in the septic tank above the outlet invert. E. Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section. F. Contamination of off-site groundwater. §146-8. Prohibition against activities contaminating storm water. A. Activities that are subject to the requirements of this section are those types of activities that (1) Cause or contribute to a violation of the municipality's MS4 SPDES permit. (2) Cause or contribute to the municipality being subject to the Special Conditions as defined in Section 2 (Definitions) of this Local Law. B. Such activities include failing individual sewage treatment systems as defined in Section 2, improper management of pet waste or any other activity that causes or contributes to violations of the Municipality's MS4 SPDES permit authorization. C. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. §146-9. Requirement to prevent, control and reduce storm water pollutants by the use of best management practices. A. Best Management Practices: Where the SMO has identified illicit discharges as defined in Section 2 or activities contaminating stormwater as defined in Section 8 the Municipality may require implementation of Best Management Practices REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 581 (BMP5) to control those illicit discharges and activities. (1) The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. (2) Any person responsible for a property or premise which is or may be the source of an illicit discharge as defined in Section 2, or an activity contaminating stormwater as defined in Section 8, may be required to implement, at said person's expense, additional structural and non- structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. (3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. B. Individual Sewage Treatment Systems Response to Special Conditions Requiring No Increase of Pollutants or Requiring a Reduction of Pollutants Where individual sewage treatment systems are contributing to the municipality's being subject to the Special Conditions as defined in Section 2 of this Local Law, the owner or operator of such individual sewage treatment systems shall be required to: (1) Maintain and operate individual sewage treatment systems as follows: (a) Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within ten inches of the bottom of the outlet baffle or sanitary tee. (b) Avoid the use of septic tank additives. (c) Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and (d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items Most tanks should be pumped out every two to three years. However, pumping may be more or less frequent depending on use. Inspection of the tank for cracks, leaks and blockages should be done by the septage hauler at the time of pumping of the tank contents. (2) Repair or replace individual sewage treatment systems as follows: (a) In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable. (b) A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves: (i) Relocating or extending an absorption area to a location not previously approved for such. (ii) Installation of a new subsurface treatment system at the same location. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 582 (iii) Use of alternate system or innovative system design or technology. (c) A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system. §146-10. Suspension of access to MS4; illicit discharges in emergency situations. A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this Local Law may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the SMO. §146-11. Industrial or construction activity discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Municipality prior to the allowing of discharges to the MS4. §146-12. Access and monitoring of discharges. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Local Law, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Local Law. B. Access to Facilities. (1) The SMO shall be permitted to enter and inspect facilities subject to regulation under this Local Law as often as may be necessary to determine compliance with this Local Law. if a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. (2) Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this Local Law. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 583 (3) The Municipality shall have the right to set up on any facility subject to this Local Law such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. (4) The Municipality has the right to require the facilities subject to this Local Law to install monitoring equipment as is reasonably necessary to determine compliance with this Local Law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (5) Unreasonable delays in allowing the Municipality access to a facility subject to this Local Law is a violation of this Local Law. A person who is the operator of a facility subject to this Local Law commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this Local Law. (6) If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Local Law, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Local Law or any order issued hereunder, then the SMO may seek issuance of a search warrant from any Court of competent jurisdiction. §146-13. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. §146-14. Enforcement. A. Notice of Violation. When the Municipality's SMO finds that a person has violated a prohibition or failed to meet a requirement of this Local Law, he/she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (1) The elimination of illicit connections or discharges; (2) That violating discharges, practices, or operations shall cease and desist; (3) The abatement or remediation of stormwater pollution or REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 584 contamination hazards and the restoration of any affected property; (4) The performance of monitoring, analyses, and reporting; (5) Payment of a fine; and (6) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Local Law shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350) or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars ($700) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon Courts and judicial officers generally, violations of this Local Law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. §146-15. Appeal of notice of violation. Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town Board within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and within five days of making its decision shall file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger. §146-16. Corrective measures after appeal. A. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. B. If refused access to the subject private property, the SMO may seek a warrant in a Court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a Court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. §146-17. Injunctive relief. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 585 It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Local Law. If a person has violated or continues to violate the provisions of this Local Law, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. §146-18. Alternative remedies. A. Where a person has violated a provision of this Local Law, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer, where: (1) The violation was unintentional, (2) The violator has no history of pervious violations of this Local Law, (3) Environmental damage was minimal, (4) Violator acted quickly to remedy violation, and (5) The violator cooperated in investigation and resolution. B. Alternative remedies may consist of one or more of the following: (1) Attendance at compliance workshops, (2) Storm drain stenciling or storm drain marking, and/or (3) River, stream or creek cleanup activities. §146-19. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Local Law is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. §146-20. Remedies not exclusive. The remedies listed in this Local Law are not exclusive of any other remedies available under any applicable federal, State or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. B. Existing Chapter 147 of the Queensbury Town Code is deleted in its entirety and replaced by the following: CHAPTER 147: STORMWATER MANAGEMENT §147-1. Short title This chapter shall be known as the "Town of Queensbury Stormwater Management Local Law." §147-2. Findings It is hereby determined that: REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 586 A. Land development activities and associated increases in impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition. B. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species. C. The increase in nutrients in stormwater runoff accelerates eutrophication of receiving waters. D. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat. E. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation. F. Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life. G. Siltation of water bodies resulting from increased erosion decreases the capacity of the water bodies to hold and transport water, interferes with navigation and harms flora and fauna. H. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow. I. Substantial economic losses can result from these advere impacts on the waters of the Town. J. stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities. K. It is in the public interest to regulate stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff, thereby minimizing threats to public health and safety. L. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. §147-3. Statutory Authority In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town and for the protection and enhancement of its physical environment. The Town Board may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. Further statutory authority for this chapter can be found in Article 9 of the Town Law and Environmental Conservation Law §43-0 1 12. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 587 §147-4. Purpose The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town of Queensbury by preserving and protecting the quality of the ground and surface waters and to address the findings in Section 147-2 hereof. This local law seeks to meet those purposes by achieving the following objectives: A. Meet the requirements of minimum measures 4 and 5 of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for stormwater Discharges from Municipal Separate stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised. B. Require land development activities to conform to the substantive requirements of the SPDES General Permit for Construction Activities GP-02- 01 or as amended or revised. C. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels. D. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. F. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable. F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety. G. Provide for more stringent requirements within the portion of the Town that is within the Lake George Park, reflecting the unique environmental sensitivity of Lake George and the need to protect its water quality. §147-5. Definitions. The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in Schedule A of this chapter. §147-6. Applicability. A. This chapter shall be applicable to all Land Development Activities as defined in Section 147-5. (i) All Land Development Activities subject to review and approval by the Planning Board under the Town's Subdivision, Site Plan, and/or Special Permit regulations shall be reviewed subject to the standards contained in this chapter. No application for approval of a Land Development Activity shall be reviewed until the appropriate Board has received a stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this Chapter. (ii) All Land Development Activities not subject to such review shall be required to submit a stormwater Pollution Prevention Plan (SWPPP) to REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 588 the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. B. All building, construction, land clearing, subdivision or other development of land located within the Lake George Park ,except development which is expressly exempt in accordance with Section 147-1 1 D of this chapter, shall comply with the supplemental requirements contained in Section 147-11 of this chapter. C. All subdivision of land or building or construction activity or other development, including clearing, grading, excavating, soil disturbance or placement of fill, that will result in land disturbance of less than one acre shall comply with the requirements of Section 147-9. D. Permits and approvals required by this Chapter may be incorporated into the subdivision, site plan, land use or zoning approvals issued under separate provisions of the Town's land use program. §147-7. Exemptions. The following activities shall be exempt from review under this law except to the extent they are subject to the provisions of Section 147-1 1. A. Agricultural activity as defined in this local law. B. Silvicultural activity of less than one (1) acre, except that landing areas and log haul roads are subject to this law. C. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. D. Emergency repairs or maintenance to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer F. Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board on or before the effective date of this law F. Land development activities for which a building permit has been approved on or before the effective date of this law. G. Cemetery graves. H. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. I. Emergency activity immediately necessary to protect life, property or natural resources. J. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family K. Landscaping and horticultural activities in connection with an existing structure. §147-8. Stormwater Pollution Prevention Plan Requirement No application for approval of a Land Development Activity shall be reviewed until the appropriate Board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this Local Law. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 589 A. Stormwater Management Officer _The Town shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal Board. The Stormwater Management Officer may (1) review the plans, (2) upon approval by the Town Board, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this law. B. Contents of Stormwater Pollution Prevention Plans (1) All SWPPPs shall provide the following background information and erosion and sediment controls: (a) Background information about the scope of the project, including location, type and size of project. (b) Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map must show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity or development; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); Site map should be at a scale no smaller than 1=40' (e.g. 1=500" is smaller than 1 "=100") (c) Description of the soil(s) present at the site; (d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. (e) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff; (f) Description of construction and waste materials expected to be stored on- site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response; (g) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; (h) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; (i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 590 (J~ Temporary practices that will be converted to permanent control measures; (k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; (I) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; (m) Name(s) of the receiving water(s); (n) Delineation of SWPPP implementation responsibilities for each part of the site; (o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and (p) Any existing data that describes the stormwater runoff at the site. (2) Land development activities as defined in Section 147-5 of this Article and meeting Condition "A", "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in paragraph (3) below as applicable: Condition A _stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. Condition B _stormwater runoff from land development activities disturbing five (5) or more acres. Condition C stormwater runoff from Land Development Activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties. (3) SWPPP Requirements for Condition A, B and C: (a) All information in Section 147-8(B)(1) of this local law; (b) Description of each post-construction stormwater management practice; (c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; (d) Hydrologic and hydraulic analysis and calculations for all structural components of the stormwater management system for the applicable design storms; (e) Comparison of post-development stormwater runoff conditions with pre- development conditions with map of subcatchments for each; (f) Dimensions, material specifications and installation details for each REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 591 post-construction stormwater management practice; (g) Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice; (h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; (i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Section 147-10 of this local law; (j) Grading Plan at scale not to exceed 1 inch equals forty feet (1=40'); (k) Site testing results or data including deep test holes and infiltration tests; and (I) Draft Notice of Intent (NOI). C. Plan Certification _The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this local law. D. Contractor Certification (1) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any Land Development Activity "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." (2) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. (3) The certification statement(s) shall become part of the SWPPP for the Land Development Activity. E. Other Environmental Permits _The applicant shall assure that all other applicable environmental permits have been or will be acquired for the Land Development Activity prior to approval of the final stormwater design plan. F. Copy to be Retained. A copy of the SWPPP shall be retained at the site of the Land Development Activity during development and construction from the date of initiation of development and/or construction activities to the date of final stabilization. §147-9. Performance and Design Criteria for stormwater Management and Erosion and Sediment Control All building, construction, soil disturbance, excavating, land clearing, grading, filling, subdivision of land, and/or other development whether public or private, shall be subject to the following performance and design criteria: REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 592 A. Technical Standards _For the purpose of this local law, the following documents shall serve as the official requirements and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: (1) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual). (2) New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Water Quality Standards _No building, construction, soil disturbance, excavating, land clearing, grading, filling, subdivision of land, and/or other development whether public or private, shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York. §147-10 Maintenance A. Maintenance During Construction The applicant or developer of the Land Development Activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty percent (50%). The applicant or developer or their representative shall be on site at all times when construction or grading activity and/or other development takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer prior to issuance of a Certificate of Occupancy (CO) and also copied to the site log book. B. Maintenance Easement(s) _Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town. C. Maintenance after Construction _Permanent Stormwater Management Practices (SMPs)installed in accordance with this law shall be operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes as a minimum, the following: (1)A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. (2)Written procedures for operation and maintenance and training new maintenance personnel. (3)Discharges from the SMPs shall not exceed design criteria or cause or REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 593 contribute to water quality standard violations in accordance with Section 147- 9 hereof. (4)Annual reports shall be provided to the Town describing the previous year's operation and maintenance activities. D. Maintenance Agreements _The Town shall approve a formal maintenance agreement for stormwater management facilities binding on all current and subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule E of this local law entitled Sample stormwater Control Facility Maintenance Agreement. The Town, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §147-11. Supplementary additional requirements for projects within the Lake George Park A. Applicability _This Section 147-1 1 shall apply to all building, construction, land clearing, subdivision of land and/or other development, both public and private, located within the Lake George Park ,except development which is expressly exempt in accordance with paragraph D of this Section, in addition to all foregoing provisions of this Chapter. B. Prohibitions (1) No owner of real property shall maintain a condition which, due to a human disturbance of land, vegetative cover or soil, results in the erosion of soil into any water body. The stormwater Management Officer shall notify a property owner of such condition on his property and shall afford a reasonable time period to correct any such condition before a violation shall be deemed to exist. (2) No person shall fail to comply with any provision or requirement of any permit issued in accordance with this chapter. (3) No person shall create a condition of flooding, erosion, siltation or ponding resulting from failure to maintain previously approved stormwater control measures where such condition is injurious to the health, welfare or safety of individuals residing in the Park or injurious to any land within the Park. The stormwater Management Officer shall notify a property owner of such condition on his/her property and prescribe measures necessary to reestablish effective performance of the approved stormwater control measures. The Town shall afford such property owner a reasonable time period in which to correct any such condition, before a violation is deemed to exist. C. Permit required (1) Except for the activities exempted in paragraph D of this section, no person shall build, construct, erect, expand or enlarge any building or structure or place or construct any impervious surface such as pavement, blacktop, macadam, packed earth and crushed stone without first receiving a stormwater management permit from the Town, unless otherwise exempted herein. (2) No person shall create a subdivision of land subject to approval by the Town until first receiving a stormwater management permit from the municipality for all buildings, structures and impervious surfaces proposed REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 594 to be created, except that the terms of this chapter shall not apply to persons engaged in activities for which required municipal permits and approvals were issued prior to the effective date of this chapter. (3) Except for the activities exempted in paragraph D of this Section 147- 11, no person shall operate a land clearing machine such as a back hoe, grader or plow or similar device so as to clear or grade land or otherwise remove vegetative cover or soil or to overlay natural vegetative cover with soil or other materials when such activities involve an area of land greater than 5,000 square feet without first having received a stormwater management permit under this chapter. (4) No person shall build, alter or modify a stormwater control measure without first receiving a stormwater management permit from the Town. Such building, alteration and/or modification does not include the ordinary maintenance, cleaning and/or repair of stormwater control measures. D. Exemptions The following activities are exempt from the requirements of this Section: (1) Emergency repairs or maintenance to any stormwater control measure. (2) Development involving land disturbance and land clearing of less than 5,000 square feet, which does not result in the creation of new impervious surfaces of more than 1,000 square feet. (3) Silvicultural activity of less than fifteen thousand (15,000) square feet, except that landing areas and log haul roads are subject to this law. (4) Any building, construction, or land clearing occurring outside the drainage basin of Lake George from which all stormwater discharged from the development site is discharged outside of the basin. (5) Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family. (6) Activities for which a building permit was issued prior to the effective date of this chapter. E. Project classification for stormwater management. (1) Minor projects. The following development activities shall be considered to be minor projects: (a) Any building, land clearing or development activity affecting less than 15,000 square feet of land. (b) Creation of a two-lot, three-lot or four-lot subdivision which may result in the construction of no more than one single-family residential structure and related accessory structures per lot, and will require land clearing or alteration activities of less than 15,000 square feet per lot and less than 15,000 square feet total for any subdivision road. (c) Any building, alteration or modification of a stormwater control measure, excluding maintenance, cleaning or repair of such stormwater control measure. (2) Major projects. Any project not expressly exempted from regulation or defined as a minor project shall be a major project. In addition, the following may be considered to be major projects: REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 595 (a) Any part of a minor project which occurs on: [1 ]Soils of high potential for overland or through-soil pollutant transport; [2]An area with a slope of 15% or greater when measured in any direction over a distance of 100 feet from the center of the proposed building site; or [3]An area with a soil percolation rate slower than 60 minutes per inch. (b) Minor projects treated as major projects. [1 ]Any minor project may be treated as a major project if such treatment is warranted in the judgment of the Stormwater Management Officer due to specific site limitations or constraints, anticipated environmental impacts or the need or advisability of additional public notice and comment. When determining whether to treat a minor project as a major project, the criteria to be considered shall include, but shall not be limited to, whether the site lies within or substantially contiguous to any of the following: [a] A critical environmental area established in accordance with SEQRA; [b] A wetland; [c]A stream corridor; [d] An area of significant habitat for any wildlife or plant species; [e] An area of particular scenic, historic or natural significance. [2] The project sponsor of a minor project that will be treated as a major project shall be given a written statement of the reasons for such a determination. F. Permit application review procedures. (1) Minor projects. The Stormwater Management Officer shall have primary responsibility for the review, approval and issuance of stormwater management permits for minor projects. The Stormwater Management Officer may request technical assistance from the Commission and/or the Town Engineer. (a) Prior to permit decisions, a test pit may need to be witnessed. (b) The Stormwater Management Officer shall determine whether notice to adjacent owners is warranted by public interest or other considerations. (c) Prior to the issuance of a permit for any project, the Stormwater Management Officer shall determine that the project as proposed is in accordance with the design standards of this chapter. (2) Major projects. Major projects shall require Site Plan Review in accordance with the Town's Zoning Law. (a) The applicant shall provide a Stormwater Pollution Prevention Plan as described in Section 147-8(B) together with the required application fee. (b) Approval of the SWPPP may require a public hearing if the Town's Zoning Law or Subdivision Law require such a hearing. G. Criteria for issuance of stormwater management permits. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 596 (1) An application for a stormwater management permit may be approved, denied or approved with modifications or conditions, including modifications to non-stormwater aspects of the development necessary to achieve the required level of stormwater management. (2) No stormwater management permit shall be issued unless the stormwater Management Officer (for a Minor Project) or the Planning Board (for a Major Project) makes the following findings, which shall be supported by substantial evidence. The facts supporting such findings shall be set forth in the decision document or permit. The issued permits shall set forth all required conditions and incorporate all necessary documents and maps. The findings are as follows: (a) That the project meets the design requirements and performance standards set forth in this chapter. (b) That the project will not have an undue adverse impact on the health, safety or welfare of the public or on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in erosion or an increase in stormwater runoff from the site either during or following development. (c) That the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that are feasible and practicable at the particular project site. (d) That adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail or suffer from inadequate maintenance to ensure their proper functioning. The Town of Queensbury may require formation of a homeowners' association registered in accordance with §352-e of the New York State General Business Law and execution of a maintenance agreement consistent with Schedule E. (e) That the proposed project will not contribute to flooding, siltation or stream bank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff. H. Variances. (1) If, during the review of an application, it is determined that the application of any design or dimensional requirement contained in this Section will result in the denial of the project, the applicant shall be afforded an opportunity to modify the project plans or in the alternative to make application for a variance to the Zoning Board of Appeals. Upon denial of any permit application for a project for failure to conform with specific provisions of this chapter, the applicant may make an application for a variance to the Zoning Board of Appeals. (2) If the applicant determines that any aspect of the project cannot meet any design or dimensional requirement contained in this chapter, the applicant may make direct application for a variance to the Zoning Board of Appeals. (3) Variance applications shall be on such forms as may be prescribed and shall conform with and contain the permit application requirements set forth in this chapter. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 597 (4) The granting of any variance shall be done in accordance with §267-a and 267-b of the New York State Town Law and any amendments thereto as appropriate; provided, however, that the grant of any variance to the shoreline or cutting restrictions of §806 of the Adirondack Park Agency Act (Executive Law, Article 27) must be in compliance with that section and §807 of the Act, if applicable. (5) No variance shall be granted by the Town of Queensbury until first providing notice to the Commission a minimum of 10 days in advance. The Commission shall be deemed a party to the proceeding. I. Design requirements and performance standards. (1) General requirements for major and minor projects. The following requirements shall apply to major and minor projects: (a) Stormwater control measures shall include such measures as are deemed necessary to prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries, render it unfit for human consumption, interfere with water-based recreation or adversely affect aquatic life. (b) Emergency overflow provisions shall be made as necessary to prevent erosion, flooding and damage to structures, roads and stormwater control measures. (c) Stormwater control measures shall be designed to minimize adverse impacts to water bodies, minimize disturbance of water bodies, minimize land clearing, minimize the creation of impervious surfaces and to maximize preservation of natural vegetation and existing contours. (d) Development which involves the creation of areas subject to intensive landscape maintenance, such as golf courses, public parks and botanical gardens, shall require that a pest control and fertilizer management plan shall be prepared and included with the permit application. (2) Minor projects. The following additional requirements shall apply to minor projects: (a) Stormwater shall be managed on-site using stormwater control measures designed to afford optimum protection of ground and surface waters. Stormwater control measures shall be selected by giving preference to the best management practices for pollutant removal and flow attenuation as specified in Schedule C. Editor's Note: Schedule C is located at the end of this chapter. Stormwater may be calculated in accordance with the methodology for determining stormwater volume and flow rates for major projects found in Schedule B, Part I, Editor's Note: Schedule B is located at the end of this chapter. or, in the alternative, at a flat rate of 1 .5 gallons of stormwater for every square foot net increase in impervious area. Net increase is the difference between predevelopment and postdevelopment conditions. All water from newly created impervious areas which would otherwise run off the parcel shall be directed to an infiltration device. Location of the infiltration devices shall be determined based upon soil test results. (b) Stormwater control measures may include, but shall not be limited to, dry wells of precast concrete, pits of crushed rock lined with geotextile fabric and infiltration trenches. Such measures may also include natural and human-made landscape features such as depressions, blind ditches, retention ponds, swales and others. Inlets to infiltration devices shall be protected from sediment at all times in order to maintain their capacity. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 598 (c) Infiltration devices shall not be installed up gradient within 20 feet of the subsurface treatment system of a wastewater treatment system. Infiltration devices for roadways, parking lots and other areas subject to vehicle traffic shall not be installed within 100 feet of any water well, wetland or water body. (d) Infiltration devices and buildings shall be designed to maintain maximum attainable horizontal distance separation from wells, water bodies and wetlands. Pumping stormwater shall not be permitted. (e) The bottom of any infiltration device shall be a minimum of two feet above seasonal high groundwater mark and two feet above bedrock. (f) Temporary erosion controls shall be required to prevent siltation of water bodies during construction and/or other development. (g) stormwater control measures proposed to be installed at locations with slope greater than 15% before grading, soil percolation rate slower than 60 minutes per inch or which require placement of fill to meet horizontal distance separations specified in this subpart shall be designed by a licensed professional engineer, architect or exempt land surveyor. (3) Major projects. The following additional requirements shall apply to major projects: (a) As provided in Section 147-9, stormwater management practices for major projects shall be designed and constructed in accordance with the following technical documents: [1 ] The New York State stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) [2] New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). (b) stormwater volumes and rates of flow shall be calculated using the methods specified in Schedule B, Part I. Editors Note: Schedule B is located at the end of this chapter. (c) Supplemental design requirements for stormwater control measures. [1 ] stormwater control measures shall be designed so that there will be no increase in runoff volume from aten-year frequency/twenty-four-hour duration storm event following development over the predevelopment volume. [2] For storm events exceeding the ten-year design storm, the stormwater control measures shall function to attenuate peak runoff flow rates for a twenty-five-year frequency storm to be equal to or less than predevelopment flow rates. For development greater than five acres, consistent with New York State guidelines, stormwater control measures shall function to attenuate peak runoff flow rates for cone-hundred-year storm to be equal to or less than predevelopment flow rates. Attenuation of the one-hundred-year storm is intended to reduce the rate of runoff from development to prevent expansion of the one-hundred-year floodplain so as to alleviate flooding of improved properties and roadways. The minimum requirement for peak flow attenuation can be waived for the one-hundred-year storm event where it can be proven that downstream REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 599 flooding is not a concern, such as where excess stormwater runoff is discharged to Lake George or to a regional stormwater facility designed to handle additional volume and peak discharge. The cumulative effect of all proposed development projects within the watershed should be considered in making this determination. Rainfall intensity curves for Lake George, New York, shall be used in the design of the stormwater control measures. These curves are annexed to this chapter as Schedule D, entitled "Rainfall Intensity Curves." Editor's Note: Schedule D is located at the end of this chapter. Additionally, for development greater than five acres, coverage is required under a state pollutant discharge elimination system (SPDES) general stormwater permit administered by the Department of Environmental Conservation. [3] Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet above the seasonal high groundwater level to be realized following development. Where compliance with this requirement would prevent compliance with subparagraph [5] below, compliance with this requirement may be waived. This provision shall not apply to wet ponds and similar stormwater control measures which are designed to be built in the saturated soil zone. [4] Infiltration devices for major projects shall be located a minimum of 100 feet from Lake George and any down-gradient drinking water supply, lake, river, protected stream, water well, pond, wetland; a separation of more than 100 feet may be required in cases where contamination of the water supply is possible due to highly permeable soils, shallow groundwater and similar situations. The separation distance shall be a minimum of 50 feet from up- gradient water supplies. Designs shall mitigate adverse effects that groundwater recharge will have on adjacent wells, water supplies, wastewater treatment systems, buildings, roadways, properties and stormwater control measures. stormwater recharge areas shall be located a minimum of 100 feet from the subsurface treatment system of a wastewater treatment system unless it is demonstrated that a lesser separation will not adversely affect the functioning of such leach fields. [5] Infiltration devices shall be designed to extend a minimum of 10% of the infiltration surface area below the prevailing frost depth or four feet (whichever is greater) in order to provide infiltration during winter months. [6] Infiltration devices shall be designed based on the infiltration capacity of the soils present at the project site. Soil evaluation methods shall be in accordance with Schedule B, Part II, Soil Evaluation Methods. (d) Additional requirements for major projects. [1 ] Order of preference for control measures: [a] stormwater control measures shall be used in the following order of preference: [i] Infiltration devices. [ii] Artificial wetlands and acceptable natural treatment systems. [iii] Flow attenuation by use of open vegetated swales and depressions. [iv] stormwater detention. [b] stormwater control measures shall be selected by giving preference to the best management practice for pollutant removal and flow attenuation as indicated in Schedule C. Editor's Note: Schedule C s located at the end of th~s chapter. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 600 [2] All stormwater control measures shall be designed to completely drain to return to design levels in accordance with the following: Control Measure Number of Days Infiltration basin 5 Infiltration trench 15 Dry well 15 Porous pavement 2 Vegetation depression 1 [3] Pretreatment devices such as sediment traps, detention/stilling basins, filter strips, grassy swales or oil/water separators shall be provided for runoff from paved areas or other areas subject to human- induced pollution, including grease and oils, fertilizers, chemicals, road salt, sediments, organic materials and settleable solids, which shall be sufficient to remove pollutants from the runoff. [4] stormwater control measures shall, at a minimum, incorporate the best available pollutant removal technology, which shall mean that which constitutes appropriate and cost-effective means for removing pollutants from runoff so that the resulting treated stormwater will not degrade the water quality of any water body. [5] stormwater control measures shall be designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site. [6] For development or redevelopment occurring on a site where development has previously occurred, the applicant shall be required to prepare concept plans and to develop construction estimates for stormwater control measures to control existing stormwater discharges from the site in accordance with the standards of this chapter to the maximum extent practicable. At a minimum, the control measures shall include those reasonable and necessary to infiltrate the runoff from the first one-half inch of precipitation from any storm event for all areas within the site which have been previously developed. The phased implementation of such stormwater control measures for previously developed areas may be authorized. J. Erosion control measures. (1) Temporary erosion control shall be provided for all disturbed areas in accordance with the "New York State Standards and Specifications for Erosion and Sediment Control". The temporary erosion control measures shall be maintained continuously until permanent control measures are in service. (2) Staging of construction to facilitate erosion control shall be required. Only those areas where construction is actively occurring shall remain open and unvegetated. All areas that are not within an active construction area shall be mulched and stabilized or shall be mulched and revegetated. An "active construction area" is defined as one on which substantial construction activity has occurred within the past seven calendar days. Temporary or permanent erosion control measures shall be implemented within 10 days following the last substantial construction activity. (3) Compliance with the following restrictions shall be required: (a) No vegetation shall be felled into any lake, pond, river, stream or intermittent stream and if inadvertently felled into one of these water bodies, shall be removed immediately from the water body. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 601 (b) For land with slopes greater than 15 percent or within 500 feet of the mean high water mark of any lake, pond, river, stream or wetland, no land area, including areas stockpiled with earthen materials, which has been cleared may be made or left devoid of growing vegetation for more than 24 hours without a protective covering securely placed over the entire area and/or erosion control measures properly installed. (c)Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within 10 days from the substantial completion of such clearing and construction. Acceptable revegetation shall consist of the following: [1 ] Reseeding with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage, but not less than 50% of the total disturbed area, to control erosion until such time as the cover crop is established over 90% of the seeded area. [2] Replanting with native woody and herbaceous vegetation accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. [3] Any other recognized method which has been reviewed and approved by the municipality as satisfying the intent of this requirement. (d) Any area of revegetation must exhibit survival of a minimum of 75% of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75% survival for one year is achieved. (e) Ground-clearing or grading activities which occur during the period October 1 5 to April 15, during which germination of vegetation typically will not take place, shall be required to incorporate extra measures during revegetation in order to reduce erosion and maintain water quality. These extra measures include, but are not limited to, the use of screen mesh, netting, extra mulch and siltation fences. §147-12. Inspections A. Erosion and Sediment Control Inspections _The Town Stormwater Management Officer may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant as to any part of the work which fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: 1. Start of development 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 602 further work shall be conducted except for site stabilization to comply with this law until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections _The Town Stormwater Management Officer, is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. C. Inspection of Stormwater Facilities After Project Completion _ Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports _The Stormwater Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection _When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town and the Town Engineer the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in paragraph C above. §147-1 3. Performance Guarantee A. Construction Completion Guarantee _In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the Stormwater Pollution Prevention Plan, the Town may require the applicant or developer to provide, prior to any construction or other development, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by theTown, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee _Where stormwater management and erosion REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 603 and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction or other development, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction or other development, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Record keeping _The Town may require entities subject to this law to maintain records demonstrating compliance with this law. §147-14. Enforcement and Penalties A. Violations _Any Land Development Activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law. B. Notice of Violation. (1) When the stormwater Management Officer determines that a Land Development Activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: (a) the name and address of the landowner, developer or applicant; (b) the address when available or a description of the building, structure or land upon which the violation is occurring; (c)a statement specifying the nature of the violation; (d) a description of the remedial measures necessary to bring the Land Development Activity into compliance with this local law and a time schedule for the completion of such remedial action; (e) a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (f) a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. (2) The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his or her last known address. (3) A notice of violation issued in accordance with this section constitutes a determination from which an administrative appeal may be taken to the Town. C. Stop Work Orders _The Town may issue a Stop Work Order for violations of this law. Persons receiving a Stop Work Order shall be required to halt all land development activities, except those activities that address the violations leading to the Stop Work Order. The Stop Work Order shall be in effect until REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 604 the Town confirms that the Land Development Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a Stop Work Order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. D. Penalties _ In addition to or as an alternative to any other penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350) or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars ($700) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy _If any building or Land Development Activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land by withholding issuance of a Certificate of Occupancy. F. Restoration of lands _Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. §147-15. Fees for Services The Town may require any person undertaking land development activities regulated by this law to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town or performed by a third party for the Town. SCHEDULE A DEFINITIONS Whenever used in this Chapter, or in documents prepared and reviewed under this Chapter, the following terms shall have the meanings set forth below unless: (1) a different meaning is stated in a definition applicable to only a portion of this Chapter and/or (2) the definition of the same term under Chapter 179 of the Town Code when applied under this Chapter would be more restrictive, in which case the definition from Chapter 179 shall apply: AGRICULTURAL ACTIVITIES -The activities of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation or the construction of new structures associated with agricultural activities. APPLICANT _A property owner or agent of a property owner who has filed an application for a land development activity. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 605 BASE FLOW _The stream discharge from groundwater runoff. BLIND DRAIN _A drain consisting of an excavated trench refilled with pervious materials, such as coarse sand gravel or crushed stone through which water percolates and flows toward an outlet, often referred to as a "French drain." BUILDING -Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. BUILDING FOOTPRINT _That two-dimensional plane area of a building or structure which results when the height dimension is removed and which shows an aerial view of said building or structure, including garages, sheds, porches, eaves, covered breezeways, entryways and other similar attached appurtenances. CATCH BASIN _An inlet structure for the collection of stormwater from impervious surfaces designed with a sump to trap sediment. CHANNEL -A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. CLEARING -Any activity that removes the vegetative surface cover. COMMISSION _The Lake George Park Commission. DEDICATION _The deliberate appropriation of property by its owner for general public use. DEPARTMENT _The Department of Environmental Conservation of the State of New York. DESIGN MANUAL _The New York State stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. DETENTION _The practice and procedures associated with the delayed release of stormwater so as to reduce peak flow, maintain base flow, increase opportunity for recharge to groundwater and reduce opportunity for surface runoff and soil erosion. DETENTION STRUCTURE _A permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water. DEVELOP LAND _To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial or institutional construction or alteration. DEVELOPER _A person who undertakes land development activities. DEVELOPMENT _Any building, construction, expansion, alteration, modification, demolition or other activity, including land clearing, land disturbance, grading, excavating, filling, soil disturbance, roadway construction or expansion, mining or mineral extraction which materially changes the use or appearance of land or a structure, or the intensity of the use of land, or the creation of a subdivision which may result in such activity, but not including interior renovations to a structure, a change in use of a structure which results in no land disturbance or the construction or modification of a dock, wharf or mooring. DEVELOPMENT AREA OR SITE _Any parcel of property or lot or combination of contiguous lots which are in common ownership or are in diverse ownership where development is to occur in common. For the purposes of this chapter, REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 606 contiguous lands shall include those separated by a public highway. DISTURBED AREA _That part of a development site area where actual land disturbance, vegetation removal or construction of buildings, structures or utilities, and/or other development will occur or has occurred. DRAINAGE AREA _All of the area of land contributing runoff flow to a single point. EROSION _The wearing away of the land surface by water, wind or ice or the detachment and movement of soil or rock fragments by water, wind, ice or gravity. EROSION CONTROL MANUAL _The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book". FILTER STRIP _A strip of permanent vegetation above ponds, diversion terraces and other structures to retard flow of runoff, causing deposition of transported material, thereby reducing sediment flow. FLOW ATTENUATION _Prolonging the flow time of runoff to reduce the peak discharge. GRADING -Excavation or fill of material, including the resulting conditions thereof. HYDROGRAPH _A graph showing variation in stage (depth) or discharge of a stream of water over a period of time. IMPERVIOUS AREA or COVER _Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc). INDUSTRIAL STORMWATER PERMIT _A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. INFILTRATION _The downward movement of water from the surface to the subsoil; the process of percolating stormwater into the subsoil. Infiltration rate is typically expressed as inches per hour. INFILTRATION DEVICE _A stormwater recharge area, dry well, recharge basin, retention basin or any other engineered structure designed to infiltrate stormwater. INFILTRATION RATE _A soil characteristic determining or describing the maximum rate at which water can enter the soil under specified conditions, including the presence of an excess of water. JURISDICTIONAL WETLAND _An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetatjon typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. LAND DEVELOPMENT ACTIVITY _Subdivision of land or building or construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that will result in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 607 LANDOWNER _The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LAND DISTURBANCE or LAND CLEARING -Grading, digging, cutting, scraping excavating, removing of soil, placement of fill, paving or otherwise covering, construction, substantial removal of natural or human-placed vegetation, replacement of natural vegetation with lawn or other human-placed vegetation, demolition or other removal of human-made features, or any activity which bares soil or rock. For the purposes of calculating the square footage affected by any development in order to determine a project's classification, all affected areas of the development site shall be considered in aggregate, whether or not the affected areas are contiguous. MAINTENANCE AGREEMENT _A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. MULCH _A natural or artificial layer of plant residue or other materials, such as sand or paper, on the soil surface which reduces erosion, maintains soil moisture and facilitates seed germination. MUNICIPALITY _The Town of Queensbury, sometimes also referred to as the "Town". NON-POINT SOURCE _Any source from which pollutants are or may be discharged which is not a point source. NON-POINT SOURCE POLLUTION _Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, sllvicultural, mining, construction, subsurface disposal and urban runoff sources. OFFERING PLAN _A prospectus as required by §352-e of the General Business Law. PEAK FLOW _The maximum instantaneous flow of water from a given condition at a specific location. PERSON _Any individual, firm, partnership, club, trust, company, association, cooperative, corporation (including a government corporation), municipality, the state or federal government and any agency thereof. PHASING -Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT OF CONCERN sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. POLLUTION _ The condition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life. POLLUTION SOURCE CONTROLS -The structures and practices used in reducing contaminants from point and/or non-point sources. POROUS PAVEMENT _ An open-graded paving material which allows water to REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 608 pass through it. PREDEVELOPMENT _Those site conditions which legally existed prior to them, commencement of any activity regulated by this chapter. PROJECT _Any land use or development activity proposed by an applicant which is subject to this Chapter. PROJECT LIFE _The anticipated or actual time a project will be used, utilized or remain in functional existence. RAINFALL INTENSITY _ The rate at which rain is falling at any given instant, usually expressed in inches per hour. RATIONAL METHOD _ A widely accepted method for calculating stormwater runoff, volume and rates of flow for stormwater shed areas up to 20 acres. RECHARGE _The replenishment of underground water reserves. REDEVELOPMENT _Any activity which alters a previously developed site. RETENTION _The practice of holding or directing stormwater, except that portion evaporated or bypassed in an emergency, in or to a given area so that all the stormwater will be infiltrated into the subsoil. RETENTION POND _A recharge basin which is designed to infiltrate all of the stormwater it receives and which normally has no outflow. REVEGETATION _The natural or artificial replacement of vegetation on a project site to reduce erosion, decrease runoff, improve water quality and improve aesthetic qualities of exposed soils. RUNOFF CONTROLS -Those structures and/or devices, including, but not limited to, dry wells, porous pavements, ditches, wetlands, holding ponds, recharge areas and retention/detention basins, which recharge groundwater and provide for peak flow attenuation. SEDIMENT CONTROL _ Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS -Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SIGNIFICANT HABITAT _That area or region important in fulfilling the daily or seasonal habitat requirements of any species of plant or animal designated as endangered, threatened, rare or of special concern by the Department pursuant to Environmental Conservation Law §11-0535 and §9-1 503 and the Department's regulations thereunder or by any individual species or any group or natural community of non-listed plants and animals of significant economic, recreational, aesthetic, ecological or scientific importance. SILTATION TRAP _A structure designed to trap sand and silt-sized particulate matter from stormwater. SILVICULTURAL ACTIVITY _The management of any forested tract of land to ensure its continued survival and welfare whether for commercial or noncommercial purposes. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 609 SITE _See "development area." SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 _A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 _A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards. STOP WORK ORDER _An order issued which requires that all construction activity and/or other development on a site be stopped. STORM WATER _Rain water, surface runoff, snowmelt and drainage. STORMWATER CONTROL MEASURES -All those natural and man-made structures, infiltration devices, erosion controls, systems, facilities, agreements, institutional arrangements and financial provisions to manage stormwater, including, but not limited to, any of the following: dry wells, pits of crushed rock, infiltration trenches, retention ponds, detention ponds, blind ditches, swales, pipes, culverts, natural depressions, porous paving, recharge areas and basins. STORM WATER DESIGN PLAN _The written narrative, maps and diagrams prepared for the purpose of runoff control on a specific development site, based upon survey and analysis of the site. STORMWATER HOTSPOT _A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. [MS4] STORM WATER MANAGEMENT _The use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. A. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by humanmade changes to the land; and B. For qualitative control, a system of vegetative, structural and other measures that reduces or eliminates pollutants that might otherwise be carried by surface runoff. STORMWATER MANAGEMENT FACILITY _One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER MANAGEMENT MAINTENANCE AGREEMENT _An agreement between the project sponsor and some other entity to ensure adequate maintenance and repair of the stormwater management system over the life of the project. STORMWATER MANAGEMENT OFFICER (SMO) -Town employees(s) or other public official(s) designated by the Town Board to administer and enforce the provisions of this Chapter. The SMO(s) may also be designated by the Town Board to administer and enforce Chapter 146 of the Town Code, or the Town Board may designate one or more other SMOs for that purpose. Under this Chapter, the designated SMO is authorized, among other responsibilities, to REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 610 accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. STORM WATER MANAGEMENT PLAN or PLAN _A local stormwater management plan adopted by a municipality pursuant to this subpart and Environmental Conservation Law § 43- 0112. STORMWATER MANAGEMENT PRACTICES (SMP5) _Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) _A plan for controlling stormwater runoff and pollutants from a site during and after construction activities and/or other development. STORM WATER RUNOFF _Flow on the surface of the ground, resulting from precipitation. STORMWATER RECHARGE AREA _An area of land used for the purpose of infiltrating stormwater. STORMWATER REGULATORY PROGRAM or PROGRAM _A local stormwater regulatory control program adopted by a municipality pursuant to 6 NYCRR 646- 4 and Environmental Conservation Law § 43-0 1 12. STORMWATER RUNOFF _Any surface water runoff or runoff in channels which results directly either from a rainstorm or from the melting of snow pack. STREAM _Includes any permanent or intermittent watercourse. STREAM CORRIDOR _That area within 100 feet of the high water mark of any stream or river protected and/or regulated by the New York State Department of Environmental Conservation, or wetlands adjacent thereto. SUBCATCHMENT _An identifiable drainage area contained within a larger watershed or drainage area. SUBDIVISION _A division of any land into two or more lots, parcels or sites, whether the new lots are adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy by any person, including the conveyance of lands in common ownership which are divided only by a road or utility right-of-way. Creation of a condominium or townhouse project shall be considered a subdivision. This definition shall not apply to conveyances of small parcels of land to correct a boundary of a lot, so long as such conveyance does not create additional lots. SURFACE WATER RUNOFF _Water which flows over the land and does not percolate into the soil, and which may run off as a sheet, nll or stream flow. SURFACE WATERS OF THE STATE OF NEW YORK _Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 611 exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. TIME OF CONCENTRATION _The time required for water to flow from the most remote point of a watershed, in a hydraulic sense, to the outlet. WATER BODY _Any lake, pond, river, stream, intermittent stream or wetland. WATER TABLE _The upper surface or top of the saturated portion of the soil or bedrock layer, indicating the upper extent of groundwater. WATERCOURSE _A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. WATERSHED _The total drainage area contributing runoff to a single point. WATERWAY _A channel that directs surface runoff to a watercourse or to the public storm drain. SCHEDULE B ENGINEERING SPECIFICATIONS FOR DESIGN PROFESSIONALS Part I Methodologies for Determining Runoff Volumes stormwater volumes and rates of flow shall be calculated using the following methods: (1) For small watershed areas (up to 20 acres), the rational method may be used; and (2) For larger watershed areas (up to 2,000 acres), and as the overall preferred method, the United States Department of Agriculture method shall be used. (This method is described in "Urban Hydrology for Small Watersheds-Technical Release 55."); or (3) Any other equivalent and widely accepted method may be used. Part II Soil Evaluation Methods The design infiltration rate shall be based on the results of hydrogeologic studies performed by the applicant during preparation of the stormwater control report. The studies shall include test pits or borings located to present a clean picture of geologic and hydrologic conditions existing at the site and the areas, both on and off the site, affecting, onto be affected by, the development. A minimum of three subsurface excavations shall be conducted, and the results shall be included in the SCR. Interpretive logs of all excavations shall be submitted with the report. Hydrogeologic interpretations and conclusions shall be developed by qualified persons only. Following design of infiltration devices, additional subsurface investigations to confirm soil and groundwater conditions will be required in the areas proposed for infiltration devices. The design of any project or development shall ensure that the ability to manage stormwater is not affected by the placement of structures on those soils on locations best suited for stormwater management purposes. SCHEDULE C REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 COMPARATIVE POLLUTANT REMOVAL OF URBAN BMP DESIGNS [CHART FROM CURRENT CHAPTER 147] Design 1: First-flush runoff volume detained for 6-12 hours. Design 2: Runoff volume produced by 1 .0 inch, detained 24 hours. Design 3: As in Design 2, but with shallow marsh in bottom stage. Design 4: Permanent pool equal to 0.5 inch storage per impervious acre. Design 5: Permanent pool equal to 2.5 (Vr); where Vr =mean storm runoff. Design 6: Permanent pool equal to 4.0 (Vr); approximately 2 weeks' retention. Design 7: Facility exfiltrates first-flush; 0.5 inch runoff/impervious acre. Design 8: Facility exfiltrates one inch runoff volume per impervious acre. Design 9: Facility exfiltnates all runoff, up to the two-year design storm. Design 10: 400 cubic feet wet storage per impervious acne. Design 11:20-foot wide turf strip. Design 12: 100-foot wide forested strip, with level spreader. Design 13: High slope swales, with no check dams. Design 14: Low gradient swales with check dams. SCHEDULE D RAINFALL INTENSITY CURVES FOR LAKE GEORGE, NEW YORK [GRAPH FROM CURRENT CHAPTER 147] SCHEDULE E SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT 612 Whereas, the Town of Queensbury (`Municipality') and (the "facility owner") want to enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the Municipality for the below named project, and Whereas, the Municipality and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Municipality and the facility owner agree as follows: I. This agreement binds the Municipality and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 613 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Municipality within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwaten control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Municipality. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Municipality or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Municipality within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of a (Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Warren, together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Municipality determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Municipality or by the inspecting engineer, the Municipality is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective beginning on: C. Section 178-6 of the Queensbury Town Code, entitled "Two-lot residential subdivision review" is hereby amended by adding the following new subparagraph A.(8): (8)The proposed subdivision is in compliance with the requirements of Town Code Chapter 147 _stormwater Management. D. Article 6 of Chapter 179 of the Queensbury Town Code, entitled "Environmental and Performance Standards" is hereby amended as follows: (i)Paragraph B of Section 179-6-070 entitled "Soil and erosion control" is hereby amended to read as follows: B. Guidelines. Unless the standards in Subsection C below are more restrictive, the applicant shall conform to the requirements of Town Code Chapter 147 _stormwater Management. (ii) Paragraph A. of Section 179-6-080 entitled "stormwater runoff" is hereby amended to read as follows: REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 614 A. A Stormwater Pollution Prevention Plan consistent with the requirements of Town Code Chapter 147 _Stormwater Management shall be required as part of the site plan approval process. E. Article 9 of Chapter 179 of the Queensbury Town Code, entitled "Site Plan Review" is hereby amended as follows: (i) Section 179-9-050 entitled "Application for site plan review" is hereby amended by adding the following new paragraph D.: D. Stormwater Pollution Prevention Plan consistent with the requirements of Town Code Chapter 147 _Stormwater Management. F. Article 16 of Chapter 179 of the Queensbury Town Code, entitled "Administration" is hereby amended as follows: (i) Section 179-16-090 entitled "Zoning permits" is hereby amended by adding the following new paragraph C.: C. No zoning permit shall be issued unless and until the applicant has complied with the requirements of Town Code Chapter 147 _ Stormwater Management. G. Appendix A-183 of the Queensbury Town Code, entitled "Subdivision of Land" is hereby amended as follows: (i) Article I entitled General Provisions is amended by adding the following new Section AI 83-4: §A183-4. Conformance with Stormwater Management Requirements. Subdivisions shall also comply with the provisions of Town Code Chapter 147 _Stormwater Management. (ii) Section AI 83-9 entitled "Plat details and requirements" is hereby amended as follows: (a) Paragraph F is amended to read as follows: F. Grading plan. A grading plan shall be prepared at a scale of one inch equals 50 feet zero inches. Such plan shall show the following: (1) A generalized grading and drainage plan (does not require spot grades or slope designation). REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 615 (2) Any phasing of tree removal and/or construction. (b) Paragraph G is deleted in its entirety. (c) The following new Paragraph J is added. J. Stormwater Pollution Prevention Plan consistent with the requirements of Town Code Chapter 147 _Stormwater Management. (iii) Section AI 83-12 entitled "Plat details and requirements" is hereby amended as follows: (a) Paragraphs C.(I) and (4) are deleted in their entirety. (b) The following new Paragraph C.(4) is added. (4) A Stormwater Pollution Prevention Plan consistent with the requirements of Town Code Chapter 147- Stormwater Management and with the terms of preliminary plat approval. (iv) Section AI 83-26 entitled "Erosion control" is hereby amended to read as follows: Erosion, sedimentation and stormwater runoff shall be controlled prior to, during and after site preparation and construction in conformity with Town Code Chapter 147 _Stormwater Management. (v) Section AI 83-27 entitled "Storm drainage" is hereby amended to read as follows: A. General. Storm drainage shall be controlled prior to, during and after site preparation and construction in conformity with Town Code Chapter 147 _Stormwater Management. B. Supplementary requirements. (1) General. (a) A storm drainage plan must be approved by the Highway Superintendent and the Planning Board. Such plan shall encompass all drainage elements for the drainage of the subdivision, areas feeding the subdivision and areas downstream from the subdivision. Said plan should be submitted with evidence of the use of acceptable engineering standards. (b) Drainage plans and facilities in any new development shall be designed with the goal of minimizing runoff and the potential for any structural damage due to flooding. (c) Drainage patterns and points of stormwater discharge from the subdivision should be the same as before construction. Water retention or detention basins should be used when required to maintain preconstruction stormwaten discharge rates.(2) Design of storm sewer systems. (a) Manholes shall be provided at intervals not exceeding 300 feet. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 616 The manhole details shall be in accordance with the Standard Detail sheets. (3) Design of open channels and culverts. (a) Driveway culverts shall be approved by the Highway Superintendent and be a minimum of 12 inches in diameter and shall have a minimum cover of 12 inches from edge of the driveway pavement to the top of the pipe. All driveway culverts shall be provided with end sections. (b) The design of new development adjacent to existing or new drainage channels shall be done in a manner such that full, usable side and back yard areas are maintained. In instances where easements are required on a drainage channel, the side and rear setback areas specified by zoning shall not include any area within an easement for an open channel. This restriction does not apply to closed storm sewer systems. (c) On new or existing drainage channels where easements to the Town are required, a minimum ten-foot wide level area at the top of one side of the channel bank will be required for the purposes of future maintenance. (d) Drainage easements of a minimum 20 feet in width shall be provided to the Town for all storm sewers and channels located outside the street right-of-way. (4) Development adjacent to Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake. Glen Lake or Dunham's Bay Wetlands. Particular care shall be taken regarding any development adjacent to the floodplains for the Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland. All structural openings to new buildings shall be a minimum of two feet above the most recent estimate of the one-hundred-year frequency flood, as specified on the Hudson Flood Prone Areas Map. The Town reserves the right to require more stringent requirements, depending on the nature and location of the proposed development. For all development adjacent to the floodplains for the Hudson River, Halfway Brook, Factory Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or Dunham's Bay Wetland, the intermediate regional flood level (one-hundred-year frequency storm) shall be clearly shown on each site plan sheet within the floodplain. ARTICLE 3. Severability. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. ARTICLE 4. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. ARTICLE 5. Effective Date. This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 617 PLINEY TUCKER-Spoke to the board regarding the package that West Glens Falls Fire Company is getting into asked if someone is threatening to sue the fire company over this money? SUPERVISOR STEC-No. West Glens Falls Fire intimated to the Town that their concern centered on a liability concern that they wanted an added layer of liability protection. North Queensbury Fire they are looking for cleanliness thinks that Mr. Salvador's inquiries have caused them some frustration they are trying to structure themselves in a way where it is easier for everyone to understand there is more of a financial housekeeping goal that they are trying to achieve. MR. TUCKER-Asked if the meetings with the fire companies will be opened to the public? SUPERVISOR STEC-They would be in a Workshop technically they could be a subject of Executive Session. MR. TUCKER-Asked if there was any cost to the West Glens Falls Fire Company for the use of the fire station if it is transferred? SUPERVISOR STEC-There is no new Town or taxpayer money involved. There was nothing in the old contract that said if you want to sell a piece of real estate you have to get the permission from the Town added this to the new contract for all five fire companies and all three Rescue Squads. MR. TUCKER-Asked how much is the property value in the Town of Queensbury dropped due to the situation we are in economically? SUPERVISOR STEC-I have no idea. COUNCILMAN MONTESI-More important question what is happening to sales tax revenue? SUPERVISOR STEC-The total for the year the Town's revenues were up one point one percent over last year. We budgeted eight million dollars gross and we collected just shy of eight million seventy thousand this is current as of the end of the fourth quarter. MR. TUCKER-Spoke to the board regarding the group in North Queensbury that went to court over the reval asked the status of the deal that was put together where the Town settled with fifty eight of them. SUPERVISOR STEC-There is nothing new on this. There was sixty eight out of the sixty eight forty eight accepted the deal seven or eight months ago the rest of the lawsuit is still out there. CHRIS NAVITSKY-Spoke to the board regarding his concerns for the water quality of Lake George also spoke regarding Supervisor Stec attending a meeting for the Fund for Lake George stating he would step up to the plate and help protect Lake George measures for water quality. Spoke regarding the meeting that was held last Friday at the Warren County Board of Supervisors that they passed a resolution opposing the proposed resolution, understands that Supervisor Stec voted to support the resolution. SUPERVISOR STEC-All twenty Supervisors voted to support that resolution including me. MR. NAVITSKY-Concerned that this would contradict protection measures for Lake George asked if the board was familiar with the regulations, which are proposed to protect the lake. SUPERVISOR STEC-They are. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 618 MR. NAVITSKY-Asked if the board would consider a resolution in support of these regulations. SUPERVISOR STEC-I don't think that I would. Spoke regarding a letter he wrote four or five years ago that said the lake is important we need to try to protect it I don't think this is a blank check to say I am going to support whatever regulations that comes down. One of my main concerns is with the stream regulations as proposed not sure that they were rolled out effectively to all the municipalities and the county that was a big part of the problem that a lot of the Supervisors had at the county. Looking at the impact that it had it affects dozens if not hundreds of properties in Horicon and Warrensburg that are not on Lake George these properties can't see Lake George from where they are putting a burden on that property owner. Thinks there is more effort that needs to be put in by the Park Commission to make sure that they are explaining it. A public hearing will be held there will be a morning session and evening session tomorrow. In addition to Warren County unanimously passing a resolution opposed the communities of Warrensburg and Horican, Lake George, and Bolton, and Hague those Town Boards have all unanimously opposed the regulations as well. MR. NAVITSKY-Appreciates that. The communities Horicon and Warrensburg do drain to Lake George it does not matter if they see it. To clarify the Towns referenced that voted to oppose the regulations there are significant errors in the resolution. Offered the ability to the board to provide information at a future Workshop agrees that there is improvement that can be made in the process it is imperative that we get regulations to protect the lake. Spoke to the board regarding Planning and Zoning Board replacements encourage the board to continue to keep a balanced opinion with all members. Also, asked the board to consider that all candidates be informed regarding the ability for the public to comment at public hearings. COUNCILMAN STROUGH-Thinks it is important to be informed and not fall into the whole of misinformation noting he has heard a lot lately in reference to the stream corridor management, which he supports. Many of the concerns that people have brought up Lake George Park Commission has listed those concerns and addressed it there is the generic Environmental Impact Statement that surrounds it recommended reading the statement, read this and would support a resolution in favor of it. SKIP STRANAHAN-Asked Councilman Metivier if he was aware of any cutting on French Mountain asked if there are any projects going on there. COUNCILMAN METIVIER-There was something, the State beyond that I know of nothing. MR. STRANAHAN-There is a hundred and ten acre cut being done on French Mountain right now without a forester present that will be cut by the diameter the same as Macchio's did on their property it is going in front of the Planning Board, March 3ra noting he needs to be aware of this noting it is a landlocked parcel asked Councilman Metivier to look into this. Spoke to the board regarding the Town making a settlement with the Macchio's, which doesn't include his property asked if they are entitled to a notice or discussion at any point. Spoke to the board regarding the status of the signage in front of his office. COUNCILMAN BREWER-Presumes that the State is going to make you move the sign it is going to be something similar to what we are doing on Main Street. ATTORNEY HAFNER-On Main Street you had to change the law it only applied to Main Street recommended Mr. Stranahan contacting Craig Brown regarding the sign. MR. STRANAHAN-Asked if they will need permits. ATTORNEY HAFNER-Recommended contacting Craig Brown the board doesn't handle those types of permits. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 619 SUPERVISOR STEC-Will ask Craig Brown regarding the broader picture, recommended him contacting Craig Brown. COUNCILMAN MONTESI-Spoke regarding French Mountain noting there are still four lawsuits your company is involved in a couple of them. As far as asking Mr. Macchio to come on your property is not sure that is something we can ask him to do. MR. STRANAHAN-Asked if they could get updates if the Town has any meetings. COUNCILMAN METIVIER-You will have updates before the Town because you are directly involved at this point. Will do what he can but realize you will probably know as well as the board. SENIOR PLANNER, BAKER-The project is before the Planning Board the logging project also extends into the Town of Lake George where the log landing and road access will be. DOUG AVER-16 Oakwood Drive-Spoke to the board regarding a document that was sent out by King and Spaulding an International Law Firm retained by Seeman's Corporation presented this to Supervisor Stec. Spoke to the board regarding fairness and process regarding appointment of Planning Board member Tanya Bruno. Spoke regarding Councilman Metivier's position on the Planning Board referred to a letter to the Town Board and Planning Board asking to be heard. COUNCILMAN METIVIER-Spoke regarding this attendance record. I will be the first to admit it wasn't great, but I will tell you one thing only in three meetings of seven years was I not represented by an alternative, which I want that to be put on the record. When I discovered that I could no longer attend meetings because my job required me to travel more I resigned from the board there is nothing wrong with doing that either. I did what I felt was right I talked to at the time Chairman Vollaro and asked what he thought I should do, should I resign, should I resign and ask to be an alternate or just stick it out and have someone cover for me. I couldn't guarantee him a time commitment so I resigned. I know you have a copy of that letter as well because I know that has been foiled, too. I did what I thought was right and I don't understand why that has become such and issue. MR. AVER-It is a matter of process and fairness. TANYA BRUNO-Read letter into the record listing a time line regarding her appointment to the Planning Board including application to the board for alternate position to the Planning Board. COUNCILMAN STROUGH-Spoke regarding the board having no attendance policy it was unfair to use attendance as an excuse to not address Mrs. Bruno's concerns, also noted he really appreciates what Mrs. Bruno's has done hopefully there will be an opening so you will be able to remain. COUNCILMAN METIVIER-Thanked Mrs. Bruno's for her time on the board. JOHN SALVADOR-Spoke to the board regarding the Fire Company Budgets and the percentages of increases. SUPERVISOR STEC-Explained this before can do it again if you want me too. MR. SALVADOR-Ten percent is what the fire tax went up asked for the difference. SUPERVISOR STEC-Explained that the difference was in the past because of the timing of negotiations of contracts verses the timing of the adoption of Town's Budget in years past we allowed ourselves where we said this year we are going to give a three percent or four percent increase. After the Town's Budget Adoption we were sitting down with the fire companies the previous Town Board granted much more whatever had been budgeted for and we were consuming fund balance. We recognized this year at budget time that we needed to stop that practice because the fund balance in the fire account was REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 620 getting smaller and smaller sooner or later we weren't going to be able to subsidize the tax rate with that. This year looked at where we are for adopted contracts wanted to program in for a reasonable increase we did that. We made a pack amongst the five of us that we were going to make sure that these five contracts stay under that budget. We are just slightly under the total amount budgeted for these contracts this year. There was a ten percent increase in the tax rate, but there was not a corresponding ten percent in these contracts. MR. SALVADOR-Spoke to the board regarding the West Glens Falls Lease Agreement the four thousand dollars noting does not think they have seen the terms of the lease agreement it is very important they know what that is. Asked how much they were going to have to pay in rent after the building belongs to the Association. SUPERVISOR STEC-For the next twenty years it is an exact offset. MR. SALVADOR-Spoke to the board regarding the Planning Board noting the Planning Board at the present time is dysfunctional. Spoke to the board regarding the Stream Corridor Management Regulations and the hundred foot regulations this is already in the regulations. GEORGE RYAN-Spoke to the board regarding the Planning Board thanked Councilman Metivier and past board members for staying with the Planning Board thanked them for helping him with the process. Asked the board to look into the application process the procedure noting it doesn't have to be that hard. 4.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 68, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 621 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the Queensbury Central Volunteer Fire Co., Inc., on Monday, March 9th, 2009 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES :None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF AFFORDABLE HOUSING CORPORATION GRANT FUNDS ACCOUNT RESOLUTION NO.: 69, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 312,2005, the Queensbury Town Board authorized acceptance of $151,200 in grant funds received from the New York State Affordable Housing Corporation, established appropriations and estimated revenues for such funds, and authorized such appropriations and revenues to be recorded in accounts to be determined by the Town Budget Officer, and WHEREAS, the final close-out certification for the project has been signed by the Town Supervisor and therefore the Town wishes to close its account for the grant funds and forward any interest earned on the account to the New York State Affordable Housing Corporation, and WHEREAS, the Town's accounting records show that there is approximately $798.47 remaining in the Town's account, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 622 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the account established by the Town of Queensbury relating to grant funds received by the Town in accordance with Resolution No.: 312,2005 and transfer the account's remaining balance and interest to the New York State Affordable Housing Corporation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Senior Planner to take such other and further action as maybe necessary to effectuate all terms of this Resolution. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES :None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE VEHICLE IN WASTEWATER DEPARTMENT RESOLUTION NO.: 70, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Wastewater Director has declared a 2001 Ford F-350 4x4 Truck used by the Wastewater Department as surplus, and WHEREAS, the Wastewater Director advised Town Departments of the surplus vehicle in his department and he did not receive any requests from the Departments for the vehicle and therefore he has requested Town Board authorization to sell the vehicle by advertising in the official Town newspaper, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 623 RESOLVED, that the Queensbury Town Board hereby approves the sale of the vehicle that is no longer needed by the Town or obsolete, as specifically delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids to sell the surplus vehicle in the official newspaper for the Town of Queensbury, and that all Town proceeds from the sale shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 580,2008 REGARDING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK BALLOON FESTIVAL RESOLUTION NO.: 71, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 580,2008 the Queensbury Town Board approved and authorized a Local Tourism Promotion and Convention Development Agreement with the Adirondack Balloon Festival and corresponding funding to the Adirondack Balloon Festival in an amount not to exceed $1,300, and WHEREAS, the Adirondack Balloon Festival has revised its request for funding in that it wishes to request $10,000 in funding (as it had similarly requested and received from the Town in 2008) rather than the amount of $1,300, and REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 624 WHEREAS, the Town Board wishes to authorize such funding amount and amend Resolution No.: 580,2008 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 580,2008 such that the amount authorized to the Adirondack Balloon Festival for 2009 shall not exceed $10,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute a revised Agreement between the Town and the Adirondack Balloon Festival substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 580,2008 in all other respects. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION ACCEPTING RIGHT-OF-WAY AND EASEMENT FROM AMEDORE LAND DEVELOPERS, LLC IN CONNECTION WITH HAVILAND ROAD SUBDIVISION -SEWER INFRASTRUCTURE RESOLUTION NO. 72, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 280,2007, the Queensbury Town Board accepted and approved a deed for dedication of Beekman Place, Bogart Court and Pollazzo Court in the Haviland Road Subdivision from Amedore Land Developers, LLC (Developer), and WHEREAS, the Town's Wastewater Director advised Town Counsel that the sewer district infrastructure was not included as part of such dedication of roads in 2007 even REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 625 though most of the sewer system infrastructure is located within the bounds of such roads, and WHEREAS, the Town wishes to procure aRight-of--Way and Easement from the Developer in order to properly accept and maintain such sewer system infrastructure, and WHEREAS, a proposed Right-of--Way and Easement has been provided on behalf of the Developer and is in such form consistent with the Town Wastewater Director's needs, and WHEREAS, such Right-of--Way and Easement is in form acceptable to Town Counsel and therefore the Town Board wishes to authorize acceptance of such Right-of- Way and Easement and the sewer district infrastructure, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the Right-of--Way and Easement from Amedore Land Developers, LLC to the Town of Queensbury as described in the preambles of this Resolution and in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further accepts for dedication the sewer district infrastructure also as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute any documents associated with the easement and the Town Supervisor, Town Budget Officer, Wastewater Director and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution, including payment of any necessary filing or recording fees. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None RESOLUTION AUTHORIZING CHANGE OF CLASS CODE RELATING TO TOWN OF QUEENSBURY'S WORKERS' COMPENSATION POLICY REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 626 RESOLUTION NO.: 73, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury insures the Town's Workers' Compensation Risk through the New York State Insurance Fund (New York State Public Entities Safety Group 497 -Broker), and WHEREAS, Safety Group 497 has advised the Town that the Town needs to reclassify its designated executive officers to bring the Town into compliance with New York State General Municipal Law as it relates to which Workers' Compensation Class Code should be used for paid municipal executive officers as defined under New York State Town Law, as currently the majority of those who are considered the Town of Queensbury's "executive officers" are classified using Code 8810 when they should now be classified using Code 8809, (Code for municipal officers that serve with pay, no matter how nominal), and WHEREAS, to effectuate such needed change, the Town must file a form prescribed by the Workers' Compensation Board entitled New York State Insurance Fund Form U- 43 5, and WHEREAS, such proposed Form U-435 has been presented at this meeting and the Town Board wishes to authorize the Town Supervisor to execute such form and effectuate such needed change, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the reclassification of its designated executive officers to bring the Town into compliance with New York State General Municipal Law as it relates to which Workers' Compensation Class Code should be used for paid municipal executive officers as defined under New York State Town Law as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the New York State Insurance Fund Form U-435 form, as well as any other needed forms or applications, and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 627 Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES :None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF COMPENSATION CONSULTING SERVICES, INC. TO REVIEW WORKERS' COMPENSATION PREMIUMS RESOLUTION NO.: 74, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has been approached by two companies offering to review the Town's past Workers' Compensation Premiums, which could provide a possible refund of overcharges to the Town, and WHEREAS, the Town's Workers' Compensation insurance carrier has advised that this is a useful process and is familiar with both companies offering the services, and WHEREAS, the Town's Budget Officer and Accountant have reviewed proposals from both companies and have recommended that the Town engage the services of Compensation Consulting Services, Inc., (Compensation Consulting) and WHEREAS, Compensation Consulting's fee to the Town for such services is thirty- percent (30%) of actual refunded premiums or credits the Town receives as a result of Compensation Consulting's services, and if there is no such recovery, there is no fee for the services, and WHEREAS, the Town Board wishes to authorize engagement of Compensation Consulting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Compensation Consulting Services, Inc., to review the Town of Queensbury's past Workers' Compensation Premiums as more fully set forth in Compensation Consulting Services, Inc.'s November 12th, 2008 proposal presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 628 RESOLVED, that Compensation Consulting Services, Inc., must sign a Confidentiality Agreement providing that the information obtained will be used for Audit purposes only and that no information, including but not limited to medical information, will be provided to or shared with any third party, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or Budget Officer to take any other actions needed to effectuate the terms of this Resolution. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES :None ABSENT: None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 75, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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 Code Appropriation Code Appropriation $ 001-1110-1010 Justices Wages 001-1010-4130 TB Counsel Ret $ 870 001-1355-1010 Assessor Wages 001-1220-4130 SV Counsel Ret $ 1,630 001-1355-1010 Assessor Wages 001-1420-4131 TC Litigation $ 5,460 004-5130-4090 Training 004-9040-8041 SG Admin Fees $ 150 005-9040-8040-4981 Wcomp Insurance 005-3410-4400-4981 Misc. Contractual $ 10,887 005-9025-8025-4981 Service Awards 005-3410-4400-4981 Misc. Contractual $ 320 004-0000-0909 Fund Balance 004-9040-8040 Workers' Comp $ 23,836 REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 629 Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None RESOLUTION CORRECTING TERM DATES FOR MEMBERS OF TOWN OF QUEENSBURY'S CEMETERY COMMISSION RESOLUTION NO. 76, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State Legislature Chapter 814 of the Laws of 1948, as amended, and Queensbury Town Code §A182-1, and WHEREAS, by previous Resolution No.'s: 382.2007, 16,2008 and 526,2008, the Queensbury Town Board reappointed Robert Edwards, Laura Vamvalis and Donna Partridge, respectively, to serve as members of the Cemetery Commission, with their terms to expire as of December 31st in 2010, 2010 and 2011 respectively, and WHEREAS, it has been determined that an error was made in the appointment of such members such that, the Cemetery Commission is required by law to be set up so that each year one Member's term expires and instead, Mr. Edwards and Ms. Vamvalis' terms both end at the same time (2010), plus each term's expiration date is to be June 30th of each year rather than December 31st, and WHEREAS, the Cemetery Commission met and agreed to resolve the error by changing the expiration dates for membership to be as follows: 1. Robert Edwards -Term to expire as of June 30th, 2009; 2. Laura Vamvalis -Term to expire as of June 30th, 2010; 3. Donna Partridge -Term to expire as of June 30th, 2011; and WHEREAS, the Town Board wishes to adopt a Resolution correcting such terms accordingly, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 630 RESOLVED, that the Queensbury Town Board, in accordance with the preambles of this Resolution and as provided by New York State Legislature Chapter 814 of the Laws of 1948, as amended, and Queensbury Town Code §A182-1, hereby corrects the terms of Town of Queensbury Cemetery Commission members as follows: 1. Robert Edwards -Term to expire as of June 30th, 2009; 2. Laura Vamvalis -Term to expire as of June 30th, 2010; 3. Donna Partridge -Term to expire as of June 30th, 2011; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Commission and Town Cemetery Superintendent to take any action necessary to devise a recordkeeping system so that it is clear in the future which membership terms are being filled, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Cemetery Superintendent and/or Town Supervisor to take any actions necessary to effectuate the terms of this Resolution, including execution of any needed revised Oaths of Office. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NYSEG SOLUTIONS, INC. REGARDING LOCK-IN RATE FOR SUPPLY OF ELECTRICITY RESOLUTION NO. 77, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 475,2001, the Queensbury Town Board authorized an Agreement between the Town and NYSEG Solutions, Inc., (NYSEG) regarding the supply of electricity, and REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 631 WHEREAS, NYSEG has offered the Town a "lock-in rate" for a one or two year term for the purchase of electricity which could result in financial savings for the Town, and WHEREAS, the Town Board has received a recommendation from an independent consultant to enter into such lock-in rate with NYSEG as the consultant feels that the Town could realize such cost savings, and WHEREAS, the Town Board concurs with such recommendation and wishes to lock-in its electricity rates for a one year period, and WHEREAS, a proposed Agreement regarding such lock-in rate between the Town and NYSEG has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and NYSEG Solutions, Inc., regarding the lock-in rate for a one year term for the supply of electricity substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement with NYSEG and authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None RESOLUTION ACKNOWLEDGING ARBITRATOR'S OPINION AND AWARD CONCERNING GRIEVANCE OF RICHARD "PETER" FLEWELLING RESOLUTION NO.: 78, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 632 WHEREAS, Richard "Peter" Flewelling (Flewelling), an employee of the Town of Queensbury Highway Department, is a member of the Queensbury Unit of the Civil Service Employees Association, Inc., (CSEA), and WHEREAS, Flewelling and CSEA pursued a grievance alleging that Flewelling was improperly denied a promotion to the position of Working Foreman, and WHEREAS, the grievance proceeded to arbitration in accordance with the agreement between the Town Board and CSEA, and the Arbitrator has made his Opinion and Award (Award) dated June 25th, 2008, and WHEREAS, the Arbitrator ruled that the Town should have promoted Flewelling to the Working Foreman position and therefore, the Town must assign Flewelling to this position and pay Flewelling back pay for the position retroactive to the date of the Working Foreman appointment of Peter Smith, and WHEREAS, the Decision of the Arbitrator was upheld on appeal to the Supreme Court, Warren County by Decision and Order dated December 31st, 2008 and the Town Board is required to abide by the Arbitrator's Award, and WHEREAS, the Town Budget Officer has calculated the amount of retroactive pay due Flewelling through January 18th, 2009 and the Town Board concurs with the calculations, and WHEREAS, the Town, in accordance with the Award, assigned Flewelling to the duties of Working Foreman on January 20th, 2009 with all wages and benefits of that position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Arbitrator's Opinion and Award concerning the arbitration of Richard "Peter" Flewelling and will abide by all provisions of the Opinion and Award, including the promotion of Flewelling to the position of Working Foreman, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay Flewelling back pay in the approximate amount of $17,605.34 as calculated by the Town Budget Officer representing all wages, including overtime, that Flewelling could have earned in the position of Working Foreman from May 14th, 2007 through January 18th 2009, and REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 633 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Counsel, Town Highway Superintendent and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of the Arbitrator's Opinion and Award and this Resolution. Duly adopted this 23rd day of February, 2009 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF FEBRUARY 24~, 2009 RESOLUTION NO.: 79, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of February 19th, 2009 and a payment date of February 24th, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of February 19th, 2009 and payment date of February 24th, 2009 totaling $858,518.39, 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. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES :None REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 634 ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF KONICA FULL COLOR COPIER/PRINTER SYSTEM RESOLUTION NO.: 80, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury's Technology Coordinator has requested Town Board approval to purchase a Konica Minolta Full Color Copier/Printer System, and WHEREAS, New York State Bidding is not required as the purchase price for the System is in accordance with New York State Contract No.: PC59463 pricing, and WHEREAS, moneys for such proposed purchase are included in the 2009 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town's Technology Coordinator purchase of a Konica Minolta Full Color Copier/Printer System from Accepted Eastern Copy Products, LLC in accordance with New York State Contract No.: PC59463 pricing for a total amount not to exceed $23,507.20 to be paid for from Misc. Equipment Account No.: 001-1680-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Purchase and/or Maintenance Agreement and any other needed documentation, and the Town Supervisor, Technology Coordinator and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None 5.0 CORRESPONDENCE REGULAR TOWN BOARD MEETING 02-23-2009 MTG#7 635 NONE 6.0 TOWN BOARD DISCUSSIONS Councilman Brewer left meeting. SUPERVISOR STEC • Thanked sponsors • Town website www.queensbur RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 81, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 23rd day of February, 2009 by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier Noes: None Absent:Mr. Brewer Respectfully Submitted, Darleen M Dougher Town Clerk Town of Queensbury