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2012-06-18 Mtg 14 REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 298 TOWN BOARD MEETING MTG.# 14 JUNE 18, 2012 RES. 181-192 7:00 p.m. BOH 12-13 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNCIL BOB HAFNER DAVID HATIN-DIRECTOR OF BUILDING AND CODES PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 181.2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 18tH day of June, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0 BOARD OF HEALTH 1.1 Public Hearing on Sewage Disposal Variance Application of Diane Matthews NOTICE SHOWN JUNE 8, 2012 Supervisor Stec-We set this public hearing a couple of weeks ago this is for property located at 18 Cedar Point, Grey Ledges Drive on Lake U;eorge in the Town of Queensbury. The jest of this is that and Bob correct me if I mis-speak, we have not seen too many of these here but we have a lot of these kind of marinas in the town and not a lot of these marina's on property that do not have a permanent on propertyy that do not have a permanent bathroom facility on there already. So, the Lake George Park Commission does require that toilet facilities be available for these types of marina's. Councilman Montesi-This is an empty lot. Supervisor Stec-And there is no structure other than there is an old privy and then now around it is constructed a stockade fence that encloses a porta john. The Towns code prohibits these unless they are for construction and what is being applied for is a variance from that for I believe I saw somewhere for a seasonal use. Obviously this would not be for wintertime use, this would be for non- REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 299 wintertime use. So, in an event that is the purpose of our public hearing and I see the Matthew's are here, iUu would like to come and add to the discussion at all? I asked Dave Hatin to come to JJust in case, because again this is unusual for us we do not see too many of these. So, I will turn it over to yyou, if you guys just want to add to what I have said and then the Board will probably ask some questions and then we will open it for public comment. Good evening. Mr. John Matthews-Good evening, John Matthews representing my wife Diane, unless you have a question for her. Supervisor Stec-Whoever is in charge, Diane. Did I accurately summarize the situation, now I know a lot of times people that have Mr. Matthews-Yes, basically. Supervisor Stec-it is a one, two slip dock, so we are talking about two boats. Mr. Matthews-It is a single dock with a boat on either side. Supervisor Stec-I know a lot of times along the lake they would have these marinas are basically where there are residential properties and it has been allowed that people say well, my bathroom is the facility, which is why we have not seen too many of these is because there are not too many lots around the lake that haven't been developed with a residence and a bathroom on it. So, I correctly described the property though, there is an old shed, privy or whatever. Mr. Matthews-There is an old early 1900's out house now used as a shed. Which we were planning on leaving just for its antique ability, it is just unique to the area. After leaving the Town with our permission to do what we were going to do utilizing the marina which we offered as pump out for their boats which they still have the availability to use and go there if they need to use the facilities. Then the Park Commission in their decision decided that we needed to have a permanent facility just for the period of time from May until October, during the boating season. So, I proceeded to install that and then thinking they were the Supervisor Stec-final say Mr. Matthews-final say Supervisor Stec-or the last box to be checked. Mr. Matthews-and here we are. Councilman Montesi-John, prior to this was the outhouse used as the facility for the two slip marina? Mr. Matthews-Basically no, nobody would use it I have had people at the dock intermittently I do not know, over the last five, six, seven years or so and they all have used the Aorta-potties in their boat. They never questioned it. I think the last time we used the outhouse was when we owned the property next door and the kids would use it when they were swimming or something like that rather than use the bathroom, running in and out of the house. Councilman Montesi-I mean basically, this is a better scenario than an outhouse. Mr. Matthews-Oh, yea, you know Councilman Montesi-It is contained. Mr. Matthews-It is what they put on the islands now and whatnot as far as bathroom facilities. Supervisor Stec-Other questions from the Board? Councilman Strough-But, John you got million dollar houses on either side of you and I can understand the temporary need for the porta-John but they are unsightly even though I see you have got an enclosure and it is already up and existing. But, what is the long term plan. Your neighbors, we got letters from your neighbors, they are not happy. REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 300 Mr. Matthews-Well, I can see that and I understand that. I have no power there now but I could put a pole in, I could get power, I could install a holding tank if need be or if the town approves another kind of waste disposal a burn toilet or, I know that they have some so histicated unit now that they use in some areas, I do not know about the Town of pQueensbury. I never really had to get involved in it. Councilman Strough-How long would you need so that we could tell your neighbors this is not forever, how long would you need before you got to plan b. Mr. Matthews-Well, this is what I need to know. I need to know what you are going to allow me to do and if I cannot continue to do this on a yearly temporary basis like the Park Commission said I should do, then if there a way that I could put a small holding tank in there with a toilet facility above it with a sink and a toilet you know something economical that Councilman Strough-Something that looks nice. Councilman Brewer-Yea but does that become handicapped accessible and that? Councilman Strough-You, I know more than most people, are very capable of doing it. Mr. Matthews-I would not be objecting to something like that.. Councilman Strough-Could we do a term a conditional approval with a term of something reasonable two years. Town Counsel Hafner-We could do variance limited for only a certain period of time. Councilman Brewer-Why wouldn't we do like let him have it this year and you investigate another alternative for next year? Is that reasonable? Mr. Matthews-I need to know what you folks will allow me to do. Supervisor Stec-Well, John raises a good point an understandable one as you yourself have said, and there might be long term other alternatives but we are also being mindful of we do not want to waste anybody's money either. So, I think what they are starting to look at, the idea of a temporary or short term one or two year until, and you can always apply for that variance again, come back or you know the property might evolve where it will not be necessary a year or two from now, that might not be a bad idea. Councilman Montesi-Dave, what is the minimum that this gentleman would have to do? Councilman Metivier-Actually, if ou only rented one dock slip you would not have to do anything at all, correctly If you legally have one of tie boats at your dock being yours. Mr. Matthews-Well, that is a different story. Councilman Metivier-But, I am saying, that is one of your options that if you only rent on dock slip out then you do not need to do anything at all. Councilman Brewer-Then he is not a marina right? Mr. Matthews-Well, I do not know. Councilman Metivier-Yes. Mr. Matthews-I have no facility on the property, most people have facilities and most people say they can use their facilities to get their permit, but. Councilman Metivier-I am pretty sure that rule reads, if you have two boats on your slip that are not registered to you, you are a Class A marina. Mr. Matthews-It becomes a Class A marina. Councilman Metivier-My point is this, if it is going to cost your twenty thousand dollars to put a system in are you going to recoup that over REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 301 Mr. Matthews-That is what I need to find out. I do not know, I would do it myself It is not something that I would have to hire Councilman Montesi-We have the building inspector here and Dave what could he possibly do at a minimum? Dave Hatin-Director of Building and Codes There are a couple things that come in play here, if he built something on site, number one is he cannot have an accessory use without a principal use so with that determination...other than that it is a residential piece of property you could do a holding tank, you would have to issue a variance for that holding tank and you could build a privy style bathroom... Councilman Montesi-And then he would have to get water to it to, right? Director Hatin-He would have to have water... Supervisor Stec-Unless he decides to build a residence on the property, it does not sound like this accessory structure without a principal structure is a good Director Hatin-Well, you would have to have a variance to go there. Supervisor Stec-That is my point, either way you are going for variances. Mrs. Matthews-Are our neighbors going to be just as upset with something like that? Supervisor Stec-I am not a mind reader, but that is a good question. Mrs. Matthews-Here we have a small stockade I mean, it is not out in the open and the other is going to be completely out in the open so. Councilman Strou h-Here is how they define it. The find objectionable the idea of an outdoor bathroom, here is one that seems to say, are Hoping that this Just temporary and with the assumption that there is going to be something nicer than a porta j ohn. Then another neighbor says a visual eye sore and how odiferous porta johns can be, which they can. It seems to me the issues is the porta john itself. A nicer structure a more formal bathroom with a holding tank or something else that you and John may come up with I think is what would make the neighbors happy. We would feel more at ease with this but we also understand your situation so we want to give you some time to deal with what you have to deal with. We did not create this you could look at it as self-created. You have a piece of property that, I do not know the history of it but it looks very unusual. It is supporting some income, we want to support you in supporting that income but we also want to make the neighbors a little happier at the same time. So, some nicer structure besides the porta john in the ftiture is something we are all talking about here. Supervisor Stec-To add to John's thoughts I do not want to put words in your mouth John, but what I am hearing him hint at we could grant this variance for a temporary period of time while you evaluate that next step which might be a more permanent structure holding tank kind of thing. Which of course will evolve you know a decision whether or not spend that money and it would involve other variances from the Zoning Board. Councilman Strough-Well, another thing that could take place too is the lot, your lot or the lot next to yours I am not sure of the ownership is for sale, I saw the for sale sign when I drove down the driveway. Mr. Matthews-That is another house down the road. Councilman Strough-Oh, that is another house down the road. You could work out I do not know how realistic you could work out something with the neighbor that their bathrooms could be used yes, no? Councilman Brewer-But it has got to be on, it has got to be their facility. Mr. Matthews-It should be on the property I would think. Councilman Strough-It has got to be on the property? REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 302 Councilman Brewer-On that piece of property, do they have other rights, say they wanted to have a picnic, can they the people that rent the dock could they go down and spend the day and have a picnic and kids play and etc.? Mr. Matthews-You know I have never objected to that, because the people that have been there have appreciated the property. I mean they love the place, we loved it when we lived in the house next door, it is so nice because you can look across the Bay it is forever wild, nobody lives there. Councilman Brewer-I guess what I am trying to get at is they are using the docks normally in my perception would be they are going to go there go down the hill, get to their boats go out for the afternoon on their boat come back go back to their car go home for the evening or whatever they do. It is not I guess I would envision not having a family there for the afternoon having the picnic-1 guess I do not see that happening is what my point is. Mr. Matthews-No. Councilman Brewer-I do not know how much activity you are going have, anybody using the bathroom anyways. Councilman Metivier-And the fact that they both have porta-potties in the boats... Councilman Brewer-If we gave them a year, if we gave them a variance for a year let them find alternatives and come back to us at the end of the year and say here, here is what I can do then we can go back to it. Councilman Montesi-Can a couple of cars park there? Mr. Matthews-Yes, we have room for three cars or more based on my plot plan. Councilman Strongh-You know another thin to, is that I know boat and boat renting, I did not li ke leaving some of the stuff on my boat, I did not want to drag it all the way home either having a storage area for those things that I do not feel secure to be left on the boat add to this storage /bathroom facility maybe you could make a little storage facility to. That might make it you know nicer for your rentals. But, I do have to tell you that Tim and I went up to look at it, and so we went down and that was a little hairy but coming back up, I have this little Volkswagen beetle Tim did not want me to gun it, he was ... Councilman Brewer-That is steep Mr. Matthews-Once you get used to it, it's very easy. But, I, until we hit this stumbling block, the tenants have absolutely no problem using their porta-potties and they were shocked. So, if there was some way and I have been to talk to .... and the people there and they are fixed in their ways and I think it is ridiculous but I am between a rock and a hard pan. Supervisor Stec-Why don't we take some public comments and see if there is anyone from the public that wants to comment on this we will listen to correspondence and then we will see if we can't figure something out. Mrs. Matthews-I would just like to know what temporary means? Do they mean temporary that it is Just four months or they expect another structure to go up there in place of what is there? Councilman Brewer-Temporary is not a permanent structure, I would say, if that right Dave? Councilman Montesi-I think our focus is that if we were to allow it seems like the Board is saying we will give you a year or two but we want you to come back with a plan that says we are going o have something permanent here whether you buy it from Garden Time a type otstructure with a bathroom in it and a holding tank you got to go through that you know rocedure of it is going to need a variance from the Zoning.Board of Appeals. You cannot build a liouse on the property anyways because it is too small a lot. Supervisor Stec-Without a variance, you would need a variance. Councilman Montesi-You would not even be able to build a house on there I do not think, could you? REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 303 Supervisor Stec-It is a third of an acre. Mr. Matthews-I think we probably could but the town has basically deemed it unbuildable so I am not going to tight that. Supervisor Stec-It is a small lot. Mr. Matthews-It is a deep small, well it is a deep long lot, I mean there are a lot of lots right next door that are the same deal that have houses on them but they have been there for a hundred years. Mrs. Matthews-And the septic systems are not the greatest down their either. Supervisor Stec-We have been talking about that. It is true. I will take any public comment now that anyone wants to oTfer on this variance application. Yes, Sir. When you get to the microphone,just state your name and address for the record please. Mr. Thomas Catlin — 5 Grey Ledges Drive-adjacent, I would like to begin by asking a question, does the Park Commissions ruling have precedent over the Town of Queensbury? Supervisor Stec-The Park Commission is saying that in order to use this they are requiring a bathroom facility, and our Code says you cannot have a porta john there in this regard Councilman Brewer-Without a variance. Supervisor Stec-which is why they are here, because you can apply for variance from that. Councilman Montesi-Where the Lake George Park Commission has precedent is that you cannot get a permit without the bathroom. It is not a matter of pushing and shoving they are dust saying their rule is, if you want to have a Class A Marina you have to have a restroom facility. Mr. Catlin-It seems to me that they are being unfair when these folks have gone, they have built a nice dock, landscaped their property everything is fine, the tenants are fine, no one has any problem at all except the porta-potty, as a neighbor not the greatest. What I hear tonight is fine I think by giving a year's variance go ahead investigate other things but-I would think at the same time a conversation between the Town of Queensbury and the Park Commission should take place on, this should not happen, be taking place we should not be spending the time or resources. Supervisor Stec-I could not agree more, that is why I asked because I thought that this sounded like it must be a new rule. So, I asked the Park Commission oh no this rule has been in place in the 80's. So, then I asked Town Staff, this rule has been around forever why is this in my thirteen years of sitting on this Town Board and this Board of Health does the first porta john variance I can ever recall seeing which is why I thought it was a new rule. It is because, it is a dock without a structure without a residence on it. There is just not that many of them. The good news I guess is that we should not see too many of these because there is not a whole lot of vacant lots that are marina's that have a docks out there. Unfortunately you know for the Matthews' is they are the ones that are drawing the short straw here in that they own one of those properties. That is why we have not seen them before. For that reason, I would think you know along the lines of what you are suggesting is maybe the Park Commission could say, well since there are only two or three of these, why can't they get the variance from the Park Commission? The Town of Queensbury historically has been a little more flexible than some of our other State agencies. Councilman Metivier-I think that last.year if I am not mistaken the Park Commission whet around and did an inventory of boats and they identified all of these places where people had boats that were not registered to the homeowner which raised a bunch oT red fla s, so they all of a sudden you have this you know poor old women who is ninety four years old have to show up for a marina permit because she rents out her dock to help pay for her taxes. It is stuff like that they are doing now that you did not happen, you know you did not see ten years ago REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 304 because nobody cared. So, that is where all this is coming from. Things have changed. Supervisor Stec-I am sure we will be able to figure something out, but at your point this is a lot of you know inconvenience and I mean this could be worse, like you said you have got somebody in their nineties that just renting out dock space to pay the taxes it should not be that difficult and government is making it awfully difficult. I am sure that we will figure something out. At the end of the day maybe we can figure something out that everybody is happy with but at the same time everyone is also scratching their head saying YOU know why does it work that way? We do not control the rules here. Councilman Brewer-We here a half hour with something so simple. Councilman Metivier-If Mr. Matthews could put a smaller shed, we were just. talking about that, even if you built, bought a shed and had water run up to it is not going to cost a whole lot of money and a small holding tank that he has to have pumped once a year once every two years. It would be appealing to you to look at and not have to deal with that the smell once and a while. It would be a fine solution, but the you run into Dave Hatin's problem that you can't do that so we need to work through that as well. I think that this Board would certainly be more forgiving to allow something like that if that is the route we want to take. We have letters here from other neighbors as well that are not happy about this. It is just too bad. Councilman Montesi-Can a septic guy get his truck down there to pump a holding tank out? Mr. Matthews-If they have a driver that can drive. You can't have a little old Mexican come down there, it ... Mr. Catlin-The answer is yea, I pump out every year, the answer is yes, it is called common sense. Councilman Metivier-Do you have a holding tank or septic? Mr. Catlin-Septic Supervisor Stec-Anything else for the Board? Mr. Catlin-No, Thank you. Supervisor Stec-Thank you sir, anyone else like to comment on this public hearing? Yes, Ma'am? Then John you will be next, sorry. Ms. Sarah Landers-15 Sign Post Road- Trustee to 5 Grey Ledges — I guess my only question would be obviously when back in January when we met when they went or the variance this was not expected that this was going to happen and it is not a fair position for them to be in. However, when we were talking about length of time to kind of figure out a solution my two cents would be that I would hope that it would not take more than just one year. At this time next year we are not looking at a porta- potty again because I think, definitely it is a residential area it is very tight knit. I think some of the concerns initially about them the renters that are there are wonderful they are great but they may not be there forever and you could have families camping out on the dock and using the porta-potty all day, you know. I think my concern would just be that if obviously nothing can happen right now this just kind of came upon everybody but just no more than the summer before we figure out a solution of some kind. Supervisor Stec-All right, thank you Ms. Landers. Mr. Salvador Mr. John Salvador —Resident in North Queensbury in the Dunham's Bay Area — Before I start with the comments I have prepared , I would like to address Mr. Montesi's comment that it is impossible to build a residential dwelling on this small lot. At one time our Zomn Ordinance allowed a three hundred square foot hunting and fishing cabin as an a owable residential use in a water front zone. It was later upgraded to a five hundred square foot hunting and fishing cabin. In recent years under this Board's supervision that privilege has been eradicated from the Zoning Ordinance. So, the purpose of that three square foot hunting and fishing cabin was that you in denying an applicant this sort of request you were not denying him use of the property. A small lot cannot support any more than a just REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 305 seasonal hunting and fishing cabin. That was the purpose of it in the Code and it is no longer there, that is why we have the dilemma today, there would have been relief. As I understand matters this application represents an after the fact permission to let stand an installation of an illegal use already in place. The permanent use of a porta john is not only not permitted pursuant to the Town's Sewage Disposal Ordinance Chapter 136 and its Section 136-35 in addition it as is defined in related Town Code Chapter 179 it represents an accessory use. In this particular case on a substandard lot in a water font residential zone where a principal or primary use is understood far and wide to be single family, residential dwelling. A single family residential dwelling does not exist on this lot at this time and none is planned. This after the fact ongoing porta john use does not qualify as principal use and therefore must be considered an accessory use. Which cannot be permitted until a principal use is in place. Quoting from pertinent parts of a previous Town Attorneys opinion in a similar matter he framed the question. The issue as I see it is whether a permitted accessory use may be authorized where the permitted principal use does not exist. Now notice in this particular case the accessory use is permitted the one we are talking about here before us it is not permitted. His conclusion; quote in a residential zone where there is no residence on the property it would be my opinion that there is no authority.under the definition of an accessory use to authorize such use when no residence exists on the lot. Particularly in view of the fact that Chapter 179 the Zoning Ordinance states that the accessory use must be subordinate to the principal use or a building on the same lot. Because a principal use does not exist on this Matthew's lot an accessory use such as any form olsanitary waste handling including a porta john cannot be permitted by this Board. Chapter 179 Section 179-2-01 OC is unambiguous in defining an accessory use as any use other than a principal use. In this case a Class A Marina with a porta john. By the way, the Class A Marina is an accessory use also. Class A Marina and a Porta-John shall in no case dominate in area extent or purpose the principal use or building. This issue of an accessory use being allowed to precede a principal use on the same property was brought forth before the Planning Board while addressorg Special Use Permits 6-2012. Regardless the Planning Board approves Special Use Permits 6-2012 for the operation of a Class A Marina pursuant to Town Code Chapter 179 Article 10 Section 179-5-060 which is entitled Docks Boats and Moorings. Instead of addressing it under Section 179-10-070A Special Standards For Special Use Permits-Marina's. Before the Planning Board came an application that addressed just boats docks and moorings and not a Class A Marina. Section 179-10-070A requires that all marina's both Class A and Class B shall comply with the standards adopted by the Lake George Park Commission 6NYCRR Part 646. Pertinent to this application for the handling of sanitary waste are both the commissions and the towns specific special requirements that pursuant to 6NYCRR Part 646 Section 646-1.2B1 Class A Marina's and 6NYCRR Part 646-1.313 1 for Class B Marina's are quote, restrooms including toilet facilities are required for use by customers which shall be available at all times from May 1 St to October 31 St each.year. Notice the use of the term customers, customers implies a commercial operation, ok? Commercial operations are operations that collect rents and sell nods. The term used is restrooms, plural. A him and a hers. You expect your wile to use a porta- John that men use? Handicapped accessibility.is a requirement for commercial facilities; hot water should be supplied for sanitation purposes and of course sanitary facilities for the ladies. A Special Use Permit application was approved by the Planning Board earlier this year without even a nod to the Town Code Chapter 179 dealing with accessory structures, no accessory structure may be erected with or without a principal structure and or use. Very clear, shall not be permitted. I do not think you can get a variance for it. Think of what this does to the Zoning Plan in our Town. If we start allowing accessory structures on vacant lot. Think of all accessory structures that apply. The Matthews proposed the alternate to make restrooms available at their Cast-A-Way Marina for use by their customers docking at their Dunham's Bay facility. Special Use Permits 6-2012 was approved based on the Dunham's Bay customers having to travel approximately two miles to the Cast-A-Way Marina in order to relieve themselves. Not a very practical approach, but approved by our Planning Board. Approved by our Planmr Board. Tlie Planningg Board approval of Special Use Permit on January 24 was specifically cortirmed to the Commission by our Zoning Administrator on February the 6 . The CommissionlBrobably couldn't believe what had transpired. At the Commissions March 22 meeting Miss Matthews Class A Marina application was basically denied in the form which was approved by our Planning Board. What was approved.by the Commission is this accessory use porta john before you tonight. This use is not allowed in our Town not because of permanent.porta john is not but because an accessory use is not allowed until a primary use exists. As recommended by a previous Town Attorney, this application to site an accessory use before a primary use exists on the same lot REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 306 requires a variance application to the ZBA at least. I am not sure it can be acquired. Any questions? I have here a copy of Town Code 179-5-202 accessory structures 3, no accessory structure may be erected without a principal structure and or use period. Thank you. Supervisor Stec-Thank you. Is there anyone else that would like to address the Board on this public hearing? More discussion by the Board, and questions or ideas? Councilman Metivier-What happens if we deny this? Councilman Brewer-He does not have the marina. To me he is not building anything, he was ordered a temporary facility I think in my own mind I am dust speaking for myself I would not have a problem allowing it for this year provided he comes back with an alternative or an alternate solution of some sort whether you build something or you buy something. . I do not have the answer John, I do not know you mentioned a couple issues or items you might be able to do. Maybe that becomes the primary structure on that property. Councilman Strough-In any event like Dan said and I have been here thirteen years between this Board and the Planning Board I have never seen anything like this. This is one of a kind it is unique. You have got the driveway in you got the dock built you got both rented you got a porta-house,.you got even went to the effort of making the porta-house not so viewable by putting up that stockade style fence which is to your credit. So, we are in a unique situation here and I do not expect one of these, I do not expect a domino of all this to come forward. Yes, the Code says that you are supposed to have a principal residence. John was entirely right about everything he read. We also have to look at these situations uniquely I mean this is unique we are looking at this situation it is less than perfect. We are going to try and made it as good as we can, give them what we have. I think the applicants are willing to work with us on this. So, I am willing to approve this based On a one year a condition that would allow the porta-potty to be up from May 1 s to October 31 s as the Lake George Park Commission stated and then I am hoping that Diane and John come back next year with something a bit more palatable. Supervisor Stec-If I could ask either the Matthews or Bob I know did not research this and this is not something Dave would normally catch but, to Mr. Catlin's question, did you ask the Park Commission or is there a mechanism available for variance from their requirement? You are here tonight because they are insistent that you have a restroom facility. Mr. Matthews-Actually, we really did not have an opportunity to ask that, the first meeting we went to was tabled because they did not have a quorum. We gave our whole spiel, the next meeting we came back to where they had already made their decisions we did not even have to stand up they just read their decision. Supervisor Stec-All right, then that is encouraging news to me in the sense that lets say.that we follow through and we say we are going to give you a one year variance for you to go back and look at an alternative. That ma give you that time to have that question and answer with the Park Commission and maybe they will surprise you and they will say, maybe they won't, but you never know. Mrs. Matthews-Are you saying that perhaps we could leave it as status quo and that the Catlin's and the other neighbors would be hapv if no porta-potty was there only the use on the boats as was done previously. Supervisor Stec-You mean status quo before the porta johns. Mrs. Matthews-Yes. And we could ask something.but I do not know if the Catlins would be in agreement with that? That would be dust to go right back to the original. Supervisor Stec-You are caught between a Town requirement and a Park Commission requirement, if the Town says we are going to give you a pass for a year with this variance you can either go back to the Park Commission and see if you can satisfy them another way or you can come back here a year from now and see if you can satisfy the town another way. That is what I am suggesting. Councilman Metivier-I would certainly start with the Park Commission first. REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 307 Mr. Matthews-Oh, definitely. Supervisor Stec-But that is what I think Councilman Montesi-Even if you go to the Park Commission and even if they say, what would they say, we, you do not have to have a restroom. Councilman Metivier-That is what we are saying. Councilman Montesi-Is that what we are saying, that Councilman Brewer-The option we are trying to figure out Ron is if you went to the Park Commission could you get a variance from their requirements? Supervisor Stec-We have a variance procedure, they may have a variance procedure. Councilman Metivier-I cannot believe that would not even let you speak or be heard. If they are not going to be willing to work with you. Mrs. Matthews-Suppose the neighbors were in agreement to that but I do not know if they would be. Councilman Metivier-But it is not the neighbors decision it is the Park Commission. Councilman Montesi-If they did give a.variance then you would be home free. If they do not give a variance then you still have to deal with all the minutia that John explained, as accessory use, a permanent structure all of that which means that you would have to go before our Zoning Board of Appeals for a variance. You have a year to work on it. Mr. Matthews-I have to do that for this now anyway. After we get this if we get this approved. Councilman Brewer-This is crazy. Councilman Metivier-This is nuts, this is absolutely nuts. Town Counsel Hafner-If you are considering it I do have language. Councilman Brewer-I would offer a motion to approve it with conditions Councilman Metivier-I would for this year I would Supervisor Stec-For the rest of 2012. From now until October 31 st Town Clerk Dougher-The two letters as received will be placed on file and part of the record. Ltr. Town of Queensbury 742 Bay Road Queens ury, NY 12804-5902 Att: Darleen M. Dougher, Town Clerk Town of Queensbury Dear Ms Dougher, I just received (June 11, 2012) a Notice of Public Hearing regardin an application by Diane Matthews for a porta john installation at 18 Cedar Point, �rey Ledges Drive on Lake George (Dunham's Bay). Unfortunately, due to working and living in Pinghamton, NY, I am unable to attend the public hearing scheduled for June 18 1. I am voicing my strong opposition to her request by this communication. We (my husband and I) were hesitant to vocalize our opinion with the first variance she requested and received regarding a Class Marina. We were not in favor of a class A marina but my husband was told (from a call to the Planning Office) this was only to lease two slips; one 4 foot wide dock with one boat slip on each side. We REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 308 weren't wild about this as so often leasing dock space leads to more needs (gasoline and services) from the people who lease the dock space. We were hoping that this does not turn into an additional marina in Dunham's Bay. Our main concern is the use of the word "temporary" placement of a toilet facility. What is the definition of temporary in this case? Is it the entire summer? Or a short time period while repairs are being done to the existing plumbing system? Our second concern is the location of the porta john. Where will it be located? Will it be on the lake front (close to the water)? Or will it be by the entrance to Grey Ledges, visibly seen from Route 9L? Those of us who own property on Lake George do so at premium tax rates to enjoy the beauty of the Lake. We do not appreciate variances being made to impede such enjoyment that comes at a dear financial cost! One can only imagine. Thank you for addressing our concerns and if there are further questions, you may contact me at (607) 648-7096. Respectfully, Carol Butkiewicz 42 Country Knoll Drive Binghamtgon, NY 13901 Ltr. This is a letter regarding the application by Diane Matthews for the placement of a Aorta john/porta potty, on their lakeside property located at 18 Cedar Point (Grey Ledges Drive) on Lake George in the town of Queensbury tax map # 239.16-1-2 A porta john would be a visual eyesore and anyone who has ever walked passed one knows exactly how odiferous they can be. This would be unacceptable to the neighboring homeowners who are especially close to the property lines because of the fact that this is such a small unbuildable parcel. The proposed porta john would also have to be transported up and down via an extremely steep right of way, (Grey Ledges Drive) known to the neighbors as "Heart Attack Hill". If a porta john were to ever leak, or spill, it's chemical and organic contents would empty right into the intake of neighbors who draw their water from the lake. Would a orta john be allowed in the front lawn of any other subdivision in the Town of pQueensbury all summer long? We think not. We do our best to keep the lake front as visually appealing as possible for everyone to enjoy. We strongly urge the Town of Queensbury to deny this application. Sincerely, /s/ Peter & Lisette Rief— 518 656-656-5020 Michell & Charlotte Potvin 2930 State Rte 9L /(Grey Ledges Drive), Queensbury, NY Town Counsel Hafner-Listening to the Board the current resolution before you in the last resolved, I think you want to make sure to add the words temporary, short term before variance in the second line and I think you want to add an extra resolved, that such variance shall terminate on 10-31-2012 and the porta john shall be removed by the end of November, giving them a month to remove it. Supervisor Stec-Are you fine with that, all right, now if we close this public hearing and pass that resolution that buys you the rest of this season to figure out either a solution from the Park Commission or a more permanent solution with the Town. Mr. Matthews-Now we have a plan to work on. REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 309 Supervisor Stec-Any last takers before we close the public hearing? Mr. Salvador-I would just like to mention that I am not aware that the Park Commission grants variances. Supervisor Stec-You may be right, like I said I am not an expert on whether or not the Park Commission would look at this or has a way to look at it. You may be continuing to deal with the Town but its, if they did not let you ask a question hey really are you serious, then it gives you an opportunity to ask that question of them. Mr. Salvador may very ell be correct they may say that is our role and we don't we cannot change it if we wanted to. I do not know. I will close this public hearing and entertain a motion. RESOLUTION APPROVING DIANE MATTHEWS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 12,2012 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, Diane Matthews filed an application for a variance from Chapter 136, §136-35,to allow the temporary placement of a toilet facility (Porta-John) which is prohibited for permanent use by Town §136-35, on property located at 18 Cedar Point (Greg Ledges Drive) on Lake George 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 request on Mondav,June 18th,2012,and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject propem, NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materialIv 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 polic`, and 2. the Local Board of Health finds that the granting of the variance is necessary-for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 310 hardship found b`-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 Diane Matthews for a temporary, short-term variance from the Sewage Disposal Ordinance to allow the temporary placement of a toilet facilit` (Porta-John) on propert` located at 18 Cedar Point (Greg Ledges Drive) on Lake George in the Town of Queensbury.and bearing Tax Map No.: 239.16-1-2,and BE IT FURTHER- RESOLVED, that such variance shall terminate on October 31St, 2012 and the Porta-John shall be removed by the end of November,2012. Duly adopted this 18th day of June,2012,by the following vote: AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 13.2012 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into Regular Town Board Meeting. Duly adopted this 18th day of June, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 311 NOES: None ABSENT: None TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION APPOINTING DONALD ROSS AND JOANNE TOUSSAINT AS PART-TIME SCHOOL TRAFFIC OFFICERS RESOLUTION NO. 182,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, two (2) part-time School Traffic Officer (Crossing Guard) positions exist within the Town of Queensbury and the Town Board wishes to make appointments to such positions, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby appoints Donald Ross and Joanne Toussaint as School Traffic Officers (Crossing Guards) on an "on-call"basis only, effective on or about June 4th 2012 at the current rate of pay for the position, subject to the Town successfully completing a background check as reasonablv necessary to judge fitness for the duties for which hired, and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessarN to effectuate the terms of this Resolution. Duly adopted this 18th day of June,2012,by the following vote: AYES : Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 312 RESOLUTION AUTHORIZING HIRING OF FRANCES COLVIN AS TEMPORARY, PART-TIME CLEANER IN DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. : 183,2012 INTRODUCED BY Mr. Tim Brewer WO MOVED FOR ITS ADOPTION SECONDED BY : Mr.John Strough WHEREAS, the Town Facilities Manager has advised the Town Board that there is a vacant temporary, part-time Cleaner position in the Building and Grounds Department due to the sudden, unexpected illness of one of his employees,and WHEREAS,the absence is expected to be more than 30 days,and WHEREAS, consistent with the Collective Bargaining Agreement between the Town and the Civil Service Employees Association, the Facilities Manager posted availabilitv for the temporary position within the Department,and WHEREAS, the Facilities Manager then posted availability for the vacant position, reviewed resumes, applications, interviewed candidates and has recommended that the Town Board approve the hiring of Frances Colvin,and WHEREAS,funds for such position have been budgeted for in the 2012 Town Budget, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun-Town Board hereby authorizes and directs the hiring of Frances Colvin to work as a temporary, part-time Cleaner to work an approximate 35 hour work week starting on or about June 19th, 2012 and continuing until such time as the employee currently out on sick leave returns to Town employment,and BE IT FURTHER RESOLVED,that consistent with the Collective Bargaining Agreement, on or about June 19th, 2012 will be the hire date for purposes of Title Seniority,and BE IT FURTHER RESOLVED,that this appointment is contingent upon: 1) a six(6) month probationary period; 2) a pre-employment physical as required by Town Policy; 3) background checks as reasonably necessary to judge fitness for the duties for which hired; and 4) drug and/or alcohol screening,and BE IT FURTHER REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 313 RESOLVED, that such Temporary, Part-Time Cleaner shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 36 ,2011,to be paid from the appropriate pa`TOII account,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Facilities Manager,Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June,2012,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY, SEASONAL EMPLOYEES IN BUILDING AND GROUNDS DEPARTMENT THROUGH "LABOR READY" EMPLOYMENT SERVICE AGENCY RESOLUTION NO.: 184,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Facilities Manager has reported to the Town Board that there is a backlog of incomplete tasks due to Department vacancies and illnesses and has requested Town Board authorization to hire temporary, seasonal laborers to work in the Building and Grounds Department on an"as needed"basis in order to allow the Department to complete its workload in a timely manner,and WHEREAS,the Facilities Manager has further requested that the Town Board authorize the hiring of such temporary, seasonal employees on an "as needed" basis through the "Labor Ready" employment services agency,and WHEREAS, the Town Board has considered the Facilities Manager's request and agrees that such temporary, seasonal employment is appropriate and necessary, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Facilities Manager to hire temporary, seasonal employees to work in the Building and Grounds Department, through the Labor REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 314 Ready employment services agency, on an as needed" basis up to a maximum amount of$8, 00.00 during the 2012 summer season without further Town Board authorization,and BE IT FURTHER RESOLVED, that the Town Board further authorizes payment of invoices for such services as a prepaid item in order to avoid late charges,and BE IT FURTHER RESOLVED, that the Town Board further authorizes the Town Budget Officer to take all actions necessary to effectuate a budget amendment from Contingency Account No.: 001-1990-4400 to Temporary Personnel Account No.: 001-1620-4155 in the amount of$8, 00 to provide for payment of such temporary employment services,and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor to execute all documentation needed to effectuate the labor services arrangement between the Town and Labor Ready, and the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June,2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: None RESOLUTION DESIGNATING TARGET NEIGHBORHOODS FOR PURPOSE OF A NEW YORK STATE AFFORDABLE HOUSING CORPORATION GRANT APPLICATION RESOLUTION NO.: 185, 2012 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury has developed an Affordable Housing Strategy, and WHEREAS, the Affordable Housing Strategy document included a detailed analysis of neighborhoods in the Town, and WHEREAS, that document identified Census Tract 708 and 706 Block Group 2 (known locally as West Glens Falls and South Queensbury) as areas which contained high concentrations of lower income, owner-occupied housing in need of significant rehabilitation assistance which cannot be met by the REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 315 private sector without governmental assistance, and WHEREAS, that document identified that Strategy 1 included in the Affordable Housing Strategy was the "Protection and Expansion of the Stock of Affordable Housing in the Existing Neighborhoods," and WHEREAS, the Town of Queensbury will submit a 2012 HOME program application for additional funding to the NYS Office of Community Renewal (OCR) on or before the filing date of August 10, 2012, and if awarded, will use such funds as the required AHC match, and WHEREAS, in designating these areas as part of the AHC and HOME application process the Town has established that housing conditions in the area are characterized as deteriorating, substandard and in need of basic rehabilitation, and WHEREAS, the Town of Queensbury in the adopted Affordable Housing Strategy, specifically identified the New York State Affordable Housing Corporation as an important source of funds to implement the Town's program of owner-occupied housing rehabilitation in these targeted areas, NOW THEREFORE, BE IT RESOLVED, that the Town of Queensbury reaffirms the analysis and conclusions in the Affordable Housing Strategy and designates that Census Tracts 708 and 706 Block Group 2 as an area, as described in 21B NYCRR Section 2161.2 of the Regulations of the Affordable Home Ownership Development Program in which governmental assistance is necessary and appropriate to make necessary investment in homes in the area. Duly adopted this 18th day of June, 2012 by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT None RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE WITH AN APPLICATION FOR FUNDS- NEW YORK STATE HOUSING TRUST FUND CORPORATION OFFICE OF COMMUNITY RENEWAL RESOLUTION NO.: 186, 2012 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 316 WHEREAS, the Town of Queensbury wishes to apply for Affordable Housing Corporation (AHC) and HOME funds through the New York State Office of Community Renewal (OCR), for the purposes of continuing the Town single family housing rehabilitation program, and WHEREAS, the Town's Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding application, and WHEREAS, the Senior Planner of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to provide such assistance as outlined in their proposal to the Town dated June 4th, 2012, and WHEREAS, the Senior Planner has recommended that the Town engage the services of Shelter Planning & Development, Inc., to expend an amount up to $3,500 for the development and submission of both grant applications,to be paid from the appropriate account, and WHEREAS, the Senior Planner has recommended that the Town engage the services of Shelter Planning & Development, Inc., to develop and submit a grant application through the New York State Office of Community Renewal for an AHC grant, due July 11th, 2012, and WHEREAS, the Senior Planner has also recommended that the Town engage the services of Shelter Planning & Development, Inc., to develop and submit a grant application through the New York State Office of Community Renewal for a HOME grant, due August 101h, 2012, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance for the purpose of putting together complete AHC and HOME grant applications, and BE IT FURTHER, RESOLVED, that a payment not to exceed $3,500 shall be paid from Consultant Fees Account No: 8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form approved by Town Counsel and the Town Supervisor, Town Budget Officer and/or Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June, 2012 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 317 NOES None ABSENT None Discussion held before vote: Councilman Brewer-We have obtained seven grants from three different sources in the last thirteen years coming close to 2.5 million to assist lower and moderate income families in our community. Supervisor Stec-We have been successful, we get these grants because when we are awarded these grants we follow the requirements of the grant and we spend the money well, they do audit us and they do come in and spot check not only our.paper work but actually the work that is done in the field. These reports go in and help us getting the next grant. RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 187, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 2012 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1620-4155 Temps 8,500 001-1990-4400 Contingency 001-1620-4400 Contractual 5,000 001-7110-1010 Wages 001-7110-4824 Rec Programs 6,000 001-7110-1010 Wages 001-7110-4400 Contractual 8,000 Duly adopted this 18th day of June, 2012, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN WEST GLENS FALLS EMERGENCY SQUAD INC., AND WARREN COUNTY FOR PROVISION OF AMBULANCE TRANSPORT SERVICES RESOLUTION NO.: 188,2012 REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 318 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad may contract with other municipalities to provide ambulance service and enter into contracts or otherwise bill those municipalities for the services provided, so long as copies of any contracts proposed to be entered into by the Emergency Squad are authorized by Resolution of the Queensbury Town Board,and WHEREAS, by Resolution No.: 264,2009,the Queensbury Town Board authorized the West Glens Falls Emergency Squad, Inc.'s Agreement with Warren County, on behalf of the Warren County Sheriff's Office, for 2009 —2010, for the Squad's provision of ambulance transport services from the Warren County Correctional Facility to the Glens Falls Hospital or nearest appropriate facility, and by Resolution No.: 90, 2011,again authorized such Agreement for 2011 for the flat rate fee of$9,400 annually,and WHEREAS, the Squad wishes to enter into a similar Agreement with Warren County for 2012 for the Squad's provision of ambulance transport services from the Warren County Correctional Facility to the Glens Falls Hospital or nearest appropriate facility for the flat rate fee of$9,400 annually,and WHEREAS, such funds received by the Squad would be treated the same as its other collected bill- for-service funds,and WHEREAS,a proposed Agreement has been presented at this meeting,and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on this proposal to improve the provision of emergency services to the Town, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s Agreement with Warren County, on behalf of the Warren County Sheriffs Office for the provision of ambulance transport services set forth in the preambles of this Resolution, substantially in the form presented at this meeting,and BE IT FURTHER- RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget Officer and/or Town Counsel to take anv action necessary to effectuate all terms of this Resolution. Duly adopted this 18th day of June,2012 by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 319 RESOLUTION AUTHORIZING FREE TIRE DISPOSAL DAY RESOLUTION NO.: 189,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,the Queensbury Town Board wishes to authorize the free disposal of tires for Town of Queensbury and City of Glens Falls residents only, on one day - Saturday, June 30th, 2012 - at the Town's Transfer Station on Ridge Road and behind the West Glens Falls Firehouse on Luzerne Road, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a Free Tire Disposal Day to provide for the free disposal of up to four(4)tires per household for Town of Queensbury and City of Glens Falls residents only, on Saturday, June 30th, 2012 at the Town's Transfer Station on Ridge Road, Queensbury from 7:45 a.m. — 3:00 p.m., and behind the West Glens Falls Firehouse on Luzerne Road, Queensbury from 7:45 a.m.—3:30 p.m.,and BE IT FURTHER RESOLVED, that the Town Board further authorizes the Town's Solid Waste Department to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of June,2012,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 JUNE 19TH, 2012 RESOLUTION NO.: 190,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 320 WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of June 14th,2012 and a payment date of June 19th,2012, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of June 14th,2012 and a payment date of June 19th,totaling$460,87 .98,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 18th day of June,2012,by the following vote: AYES Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING REPLACEMENT/EXCHANGE OF OBSOLETE COPIERS AND AGREEMENT WITH NATIONAL BUSINESS EQUIPMENT & SUPPLY RESOLUTION NO.: 191,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale and/or disposal of items which are no longer needed by the Town or obsolete,and WHEREAS, the Town's Director of Information Systems (Director) has requested Town Board approval to exchange/replace seven (7) obsolete and non-functioning copiers purchased approximately 13 years ago,and WHEREAS, the Director wishes for the Town to enter into a Service Agreement with National Business Equipment and Supply(NBES)providing for the Town's trade-in of its old, obsolete equipment for new equipment, without additional costs for hardware, with the monthly service costs as set forth in the Service Agreement,and REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 321 WHEREAS, such proposed service Agreement is presented at this meeting and is in form acceptable to Town Counsel,and WHEREAS,for Town inventon� purposes,the value of the new replacement copiers is as follows: Town of Queensbury Fair Market Current Machine New Machine Value Savin 4018D KM-200 2 drawer with stand-cop`/print/scan/fax $1,800.00 Savin 4018D KM-200 2 drawer with stand-cop`/print/scan $1,600.00 Canon IR3570 KM-400 2 drawer with stand-cop`/print/scan fax $3,000.00 Canon IR3570 KM-3035 2 drawer with stand $2,000.00 Canon Image Runner 330-400 KM-3035 2 drawer with stand-cop`/scan/print $2,200.00 Canon Image Runner 330-400 KM-5050 2 drawer-cop`/print/scan/fax w/finisher $4,000.00 Canon Image Runner 330-400 KM-5050 KM 5050 cop`/print/fax $3,800.00 NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town's Director of Information System's replacement and/or exchange of seven (7) obsolete and non-functioning copiers that are no longer needed bv the Town, with new equipment, without additional costs for hardware, to be provided b`� National Business Equipment and Suppl` (NBES), with the value of such new copiers as follows: Town of Queensbury Fair Market Current Machine New Machine Value Savin 4018D KM-200 2 drawer with stand-cop`/print/scan/fax $1,800.00 Savin 4018D KM-200 2 drawer with stand-cop`/print/scan $1,600.00 Canon IR3570 KM-400 2 drawer with stand-cop`/print/scan fax $3,000.00 Canon IR3570 KM-3035 2 drawer with stand $2,000.00 Canon Image Runner 330-400 KM-3035 2 drawer with stand-cop`/scan/print $2,200.00 Canon Image Runner 330-400 KM-5050 2 drawer-cop`/print/scan/fax w/finisher $4,000.00 Canon Image Runner 330-400 KM-5050 KM 5050 cop`/print/fax $3,800.00 and REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 322 BE IT FURTHER RESOLVED,that the Town Board authorizes the Service Agreement between the Town and NBES providing for such replacement/exchange of equipment and authorizes and directs the Town Supervisor to sign such Agreement substantialIv in the form presented at this meeting,and BE IT FURTHER RESOLVED,that the monthly service costs as delineated in the Service Agreement shall be paid for from the proper accounts as will be set forth by the Town Budget Officer,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Information Svstems and/or Town Budget Officer to take such other and further action as may be necessar- to effectuate the terms of this Resolution. Duly adopted this 18th day of June,2012,by the following vote: AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Strough-questioned the duration of the contract? Town Counsel Hafner-The contract has a provision that we can cancel with thirty days' notice. 3.0 PRIVILEGE OF THE FLOOR (LIMIT 4 Minutes) Mr. Ronald Ball-Queensbury-Next to the Cell Tower — • Asked the Board who is for the Cell Tower Supervisor Stec-The Town Board authorized the agreement more than a year ago, it was a unanimous vote of all present • Are you aware of Cell Tower Fires — showed photos to the Board of various cell town fires Supervisor Stec-There are about two hundred and fifty cell towers in the County, I asked our Fire Marshall to dig up. what he could find and the Fire Marshall had a conversation with an authority at the New York State Dept. of Fire Prevention and Control and they do not have any records of any cell tower fires in New York State at all. • There are more cell tower fires on average than there are home fires. • In the lease it is stated that you will not clear the snow Supervisor Stec-We are not obligating ourselves to. REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 323 • Our Town Code says a good safe grade for emergency vehicle to enter onto someone's property is 10% grade do we have to follow that? Supervisor Stec-a cell utility is different than a residence or a building Mr. John Salvador- • RE: Matthews application why don't we put back into our code the privilege of building a hunting and fishing cabin? • Re: Verizon Wireless - June 4111 2012 meeting-leasing of Town Water Dist. Property is a Town Board affair wliich cannot be cascaded to any subordinate boards such as the Zoning Board of Appeals or Planning Board for approval — assuming the land value is at least one thousand dollars the Town failed to conduct a public hearing before the August 11, 2011 date of the land lease agreement, because the tower cannot be considered a district improvement there was a requirement for a permissive referendum ... Mr. Kyle Collins-Leland Estates • Spoke on snow removal at the cell tower site...leases is under no obligation to provide snow remove for lessor own use of the right of way. Regardless if it is house or cell tower it is a fire Supervisor Stec-We are not obligated to remove snow so they can get to the cell tower, if they want to get to the cell tower they remove the snow from the road to the tower over our property • On the average there are more fires on cell towers than on homes • Concerned about the grade of the property, Town Code is 10% there is no way a plow truck will make it up there let alone a fire truck • I do not think the Town Board did your homework concerning this issue and you may find yourselves in a situation to where you have a lawsuit on your hands 4.0 CORRESPONDENCE 4.1 Building and Codes report for May 2012 on file 5.0 TOWN BOARD DISCUSSIONS WARD IV COUNCILMAN TIM BREWER • There are six hundred feet of trail at Hudson Pointe that we are looking at to maybe put raised walkways similar to what was done at Meadowbrook...the issue is the three wheelers, four wheelers motorcycles go down there and make ruts...Recreation Dept. working on that • Street lights on Big Boom Road — Town Counsel will look into that in the next few days WARD III COUNCILMAN JOHN STROUGH REGULAR TOWN BOARD MEETING 06-18-2012 MTG#14 324 • Noted he received a letter regarding the outstanding job the men did at the Cemetery-from Bob Gavin WARD II COUNCILMAN RONALD MONTESI • NO COMMENT WARD I COUNCLMAN ANTHONY METIVER • NO COMMENT SUPERVISOR DANIEL STEC • NO COMMENT RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 192.2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 18tH day of June, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury