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2014-04-07 - Mtg 14 REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 871 REGULAR TOWN BOARD MEETING MTG#14 APRIL 7, 2014 RES#120-127 7:00 P.M. B.H. 6-8 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 120, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 7th day of April, 2014, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None AB SENT:None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC PUBLICATION DATE: MARCH 29, 2014 ATTORNEY STEPHANIE BITTER AND DEVIN DICKINSON PRESENT ATTORNEY BITTER-As you are aware we started this application in February. The project actually started with a conventional septic system seeking five septic variances. On March 10th we had a public hearing and heard comments and suggestions from the board as well as from the neighbors. We then understood that they had concerns relative to the proximity of the system as well as the lines. On March 11th, Councilman Irish and Councilman VanNess were nice enough to do a site visit with us and the neighbors, at which time we got to discuss the design as well as some suggestions; we sent Devin home to sharpen his pencil and look at the design a little further. The Town Board was nice enough to meet with us for a workshop to discuss the REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 872 proposal and possible modifications to the plan, which brings us here this evening. We listened to those concerns and made modifications and come tonight with an Eljen System proposal. This Eljen System still maintains that 100 foot setback to the existing well. It is in a similar location, but because it is smaller in size it is able to maintain that 10 foot setback to North Tract Properties, LLC, which was the neighbor who was concerned at the last public hearing. We are seeking a variance from the setback property line to the north of the system, we are proposing a two foot setback on that northern property line. The applicant also moved the effluent lines away from the southern property line. Again, the neighbor that was concerned and moved it closer to the house so the variance being sought is to place that line 1 foot to the existing house, the applicants house. In addition to the concerns that were raised the applicant is also proposing to incase the Effluent Line as well as put a 10 foot portion of pavement over the gravel drive where the line is going to cross, those additional safeguards, again addressing the concerns raised. To give an overview because we understand that this is a public hearing, the structure on the site is modest in size. It is a small cottage, three bedroom,1,050 square feet in size. It was constructed over 70 years ago. The applicant is trying to put some updates and modifications and renovate the structured in order to do that they need to upgrade the septic system, which brings us to the variances that we are seeking this evening. In order to do these improvements this variance has to be sought and achieved. We have reduced the number of variances from five to now two and added these safeguards as I just identified. We are also incorporating a landscaping buffer to decrease any visual impact to the proposed septic system, it has also been incorporated in the application that is being presented. Without this variance there will be an unnecessary hardship that will result to the applicant in depriving them of the reasonable use for the property without being able to renovate the structure. No variances leads to no renovations. With these modifications and safeguards there will not be a material detriment to Chapter 136 or to the adjoining property lines. I am going to turn it over to Devin to just highlight where those variances are that are being sought. DEVIN DICKINSON-The two variances that we seek this is the one foot separation distance to the existing house. This is the two feet on the northerly property line to lands of Nally. Again, for the board this is a one foot separation from the effluent line to the house. This is the two foot separation to the northerly property line from the adsorption bed. SUPERVISOR STROUGH-Thank you. Are there any questions from the members of the Town Board? COUNCILMAN VANNESS-I want to thank you for your diligent work. Everybody putting their heads together up there I think it worked to the best of everyone up there. We spoke about getting an opportunity to speak to the residents to the north. I know you said they were up there they didn't have a problem. ATTORNEY BITTER-We had originally corresponded with them on the original plan they didn't have any concerns that came to the public. COUNCILMAN VANNESS-I thank the Didio's for their help with it, too. COUNCILMAN IRISH-I would agree with Bill. I think that having the chance to go up there with the both of you and the Didio's and have a discussion about what could or could not occur there that was very helpful thanks for moving that forward for us. COUNCILMAN CLEMENTS-I went up also in the morning. I think the plan is much better. I see on the east side and the south side you are in compliance now so you do not need those variances I think that it's good covering the line and doing that I think is a good idea. SUPERVISOR STROUGH-Any members of the public who wish to speak to this application sewer variance is that Joe Didio. JOE DIDIO, MEMBER OF CASA LA ROCCE, LLC-I live full time in Dunham's Bay in Lake George. Number one, we appreciate you guys stopping up making the effort, it really meant a lot to us. This plan certainly looks good, my son who is the environmental scientist who was here earlier knows the Eljen System pretty well he has a couple of concerns. One that they have created a turnaround area there where a protected sleeve has stopped. If you look at this plan REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 873 here, the protected sleeve wherever that line is ends prior to the parking so we are a bit afraid that the line may, because you will be turning around heavy trucks in there I am sure they will and other folks will as well so just to protect that sleeve. The Eljen bed is fine. Again, it is a tremendous improvement, they do tend to fail. I think the guarantee on them is maybe ten years or something like that, fifteen years possibly. The only concern maybe that if they can put a non- permeable barrier around the existing, I don't know if they are going to be treated lumber or block or whatever because basically sewage or septic could, if it did fail leak out the side that is just a comment from Andy. If it is possible I would love to see that and again just that protected sleeve, but otherwise we appreciate everyone's effort. SUPERVISOR STROUGH-You said you would like the protected sleeve extended a little further into the driveway? MR. DIDIO-Across the road. They have paved the area so that should protect it somewhat, but that parking area where people will turn around, I am sure heavy trucks in there, whatever, that could still crush that line. COUNCILMAN VANNESS-John is that something that we can address in this public hearing and hopefully get it settled before we move it forward. TOWN COUNSEL, HAFNER-Yes you could if that is agreeable to you and the applicant. SUPERVISOR STROUGH-Anyone else from the public like to speak to this application the sewer variance request? Seeing none would the applicant and the applicant's agent return to the desk. MR. DICKINSON-I did some calculations on those lines in the sleeve there. We can certainly extend the sleeve, I don't think it is necessary even with nine inches of cover, we have like a thirty times factor of safety on that. It is not that much further, it is not a big additional cost we can definitely do it, it is only another fifteen or twenty feet. As far as the life expectancy there is a life expectancy in every system this is seasonal, it gets a lot of time to rest in between usage. Also dose, which helps the whole system, gets time to operate and rest in between. SUPERVISOR STROUGH-That is true. MR. DICKINSON-I don't love the idea of putting a non-permeable fabric in there air is all part of this. It is not something I really want to do if I don't have to, to be honest with you. SUPERVISOR STROUGH-How does the board feel about that? There are two issues. One is extending the pipe under the driveway for the entire length of where cars might be parked, almost up to the Eljen System. The other one is putting some kind of a permeable barrier around it. If I speak for myself I can see the pipe, but not convinced that the other is.... COUNCILMAN VANNESS-I agree with you. I agree with you on the air, that the air has to get to it. Being it is a three season residence, it is going to have time to work. I think we have all worked through a lot of issues going on through this thing. If that is the only one that is going to be the holdout; I personally don't have a problem supporting it, I think we can move forward with it. MR. DICKINSON-Oxygen is a big component in the whole treatment. SUPERVISOR STROUGH-The Eljen Systems are very good, very efficient systems. Like you say, it is seasonal so I think you will get more than ten years out of it. MR. DICKINSON-Yeah, I would expect so. SUPERVISOR STROUGH-How about this side? COUNCILMAN CLEMENTS-I don't have a problem with it. I think they should extend the line, I think that it is a good idea underneath the parking area. REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 874 SUPERVISOR STROUGH-Is there a motion to approve this request along with the amended versions saying that the pipe will be extended to the end of the parking area? COUNCILMAN IRISH-Can we hear what Bob would say? TOWN COUNSEL, HAFNER-In the last resolved, we already had a contingent upon the merger of the deeds, which was something that we discussed at the last meeting. I just added a clause to the end of this resolved right after where it says Town Counsel. Also it is contingent upon the sleeve surrounding the pipe to extend past the driveway and parking area. RESOLUTION APPROVING ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 6,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, Adirondack Mountain Ridge Estates, LLC filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to place the: 1. Effluent Line one foot (1') from the existing house in lieu of the required ten feet (10') setback;and 2. Elijen System two feet (2') from the northerly property line in lieu of the required ten feet (10') setback; on property located at 85 Hanneford 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 duly conducted a public hearing concerning the variance requests on Monday,April 7th,2014,and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant;and REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 875 BE IT FURTHER- RESOLVED, that the Local Board of Health hereby approves the application of Adirondack Mountain Ridge Estates for variances from the Sewage Disposal Ordinance to place the: 1. Effluent Line one foot (1') from the existing house in lieu of the required ten feet (10') setback,and 2. Elijen System two feet (2') from the northerly property line in lieu of the required ten feet (10') setback, on property located at 85 Hanneford Road in the Town of Queensbury and bearing Tax Map No.: 227.18-1- 30 and 31,and BE IT FURTHER- RESOLVED, that this Resolution is contingent upon the applicant recording a deed merging both parcels into one parcel and providing proof of such recorded deed of merger referencing this Resolution satisfactory to the Town's Director of Building and Codes Enforcement and Town Counsel and also it is contingent upon the sleeve surrounding the pipe to extend past the driveway and parking area. Duly adopted this 7 t day of April,2014,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEPHEN O'LEARY RESOLUTION NO.: BOH 7,2014 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbun- Town Board serves as the Town's Local Board of Health and is authorized bv Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance,and WHEREAS, Stephen O'Leary has applied to the Local Board of Health for variances from Chapter 136 to install a new on-site replacement wastewater treatment system as follows: REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 876 1. Septic tank to be 2' from the dwelling instead of the required 10' setback; 2. Fill system to be 0' from the property line instead of the required 10' setback;and 3. Vertical separation distance from bottom of wastewater treatment sand bed to bedrock within 1,000' of Lake George,to be 2.5' instead of the required 3' setback; on property located at 77 Bra-don Lane, Queensbun NOW,THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, April 21St, 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun% to consider Stephen O'Leary's sewage disposal variance application concerning property located at 77 Bra-don Lane, Queensbury(Tax Map No.: 239.12-2-87)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' of the applicant's property as required by law. Duly adopted this 7 t day of April,2014,by the following vote: AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 8, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 7th day of April, 2014, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None AB SENT:None REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 877 2.0 PUBLIC HEARING PUBLIC HEARING PROPOSED LOCAL LAW OF 2014 LOCAL LAW ESTABLISHING LAWN FERTIZLER AND PESTICIDE RUNOFF CONTROL RESTRICTIONS PUBLICATION DATE: MARCH 28, 2014 SUPERVISOR STROUGH-It is a public hearing and it is only going to be a public hearing. We will not take any action on this tonight because it is being reviewed by New York State DEC. When we hear back from them we may make alterations as needed to satisfy the State. If the State is happy with it as is, the board may make further alternations. Tonight is a mere public hearing, so I see some people probably want to speak to this, you are welcome to come forward. Anybody from the public like to speak to the proposed changes in the Town Law on Fertilizer Control Restrictions? LISA ADAMSON, ASSEMBLY POINT-I am here with some residents from the east side of the lake in North Queensbury and also representing a number of people who are in contact with us who can't be here in strong favor of the board passing these revisions to the present fertilizer ordinance. First of all, I just want to express to you all that we are very grateful that you have done the work that you have done to date in looking at these revisions, we thank you very much for that work. We all think that this is a very critical and timely revision. I feel that if you all do go ahead and pass this, that you will be setting the bar for the other Town's around Lake George specifically, but for all the water bodies concerned within North Queensbury. My understanding is that other Town's, even as soon as next week will be beginning to get this on their agendas. The Town of Queensbury has classically, especially with this issue for Lake George, been a leader. I think that this revision is very critical to have as a lake wide standard. I am not an expert, but from listening to experts and scientist, I think that the only way we can hope to be stemming the degeneration that we are seeing in Lake George specifically, but our upstate wetlands and water bodies and streams is through strongly enforcing stated articulated ordinances in addition to resident cooperation. I just mostly wanted to voice on behalf of people that there is a strong support for this and thank you again. SUPERVISOR STROUGH-Anybody else wish to speak to this DAVE LINEHAN, EMPLOYEE OF JIM GIRARD LANDSCAPE MAINTENANCE CORPORATION AND JIM HUNT, 53 BOULEVARD PRESIDENT OF TREE CARE BY STAN HUNT MR. LINEHAN-The two of us thought we would come together. We very much like to appreciate the opportunity to comment on the law to review it again. I was here when you originally passed the law back in 2011 and I appreciated the time there. I think as a member of another community, I think Queensbury is looked up to as a big sister. You guys are all forward thinking this law is very critical. I think Jim Girard, Jim and myself we have a beautiful lake up there, Lake George, Glen Lake, Lake Sunnyside all these water bodies that we have it is important that we preserve them to the best way we can. We think what we do is the right thing to do; to do the maintenance the lawn care that we do the total maintenance and lawn care. Our particular company actually not only treats lawns to make sure that it is vigorously growing and healthy, but also removes clippings that may have those nutrients that are uptake from the soil. We actually take them right out of the basins and compost them off site. I don't know if that was one thing that was considered initially, but maybe that could be considered later on that there are certain parcels that do, do a complete maintenance program. I think first, a little housekeeping, I want to make sure that everybody got materials that I sent out on Friday. I did send some emails out and there is a letter from myself as a Certified Commercial Pesticide Applicator. There was also a list of findings just a rough going over the law itself just to give you some ideas of where we think it might be lacking. I didn't get into specific details, but there maybe even some errors in the law. So, I gave you that the findings. There was a summary of a study that was done at the University of Florida. I have a copy of that, which I might like to go over and entered into the minutes that was also submitted, I think in 2011, John you spent some time looking at the studies. It just basically said that in the summertime fertilizers bans may not be a quick fixed solution. There might be unintended consequences of not taking care of a lawn and keeping it healthy. Basically, properly maintained lawns and landscapes provide excellent soil erosion REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 878 control enhance entrapment an uptake of nutrients, nitrogen and phosphorus can improve aquifer recharge. Again, to speak to that issue about clippings or not clippings there is also some additional science. One of the authors here is Marty Petrovic, Cornell University our land grant institution so I would also like to enter that into the record. Maybe Karen you can pick that up, I will give you a copy of that. I have electronic copies of these so if anyone wants those I can do that. There were three things on Friday that I sent out via email, then this afternoon I also sent out a document that was send to the Vandervort Group. I believe after the law was passed just asking about some sections of the law that industry people think that was preempted by Article 33 of the DEC Law. I like to agree with everything the individual said before about preserving Lake George, it is very critical. Like I said, you are forward thinking it is a blessed lake. I think both Jim Hunt, myself, Jim Girard anyone pellet of either phosphorus or nitrogen or any other nutrient in Lake George is one pellet too many. We do appreciate you trying to expand the restrictions, but at the same time I think it is important to recognize that there are professionals certified by the department that have to comply with a myriad of papers, regulations, record keeping in addition to sending in those report to the Department of Environmental Conservation. That was the reason for my initial letter that I sent to you on Friday, which I asked the Town Board to consider and exempt all application requirements from Chapter 107 in the Queensbury Town Code other than all requirements found in the New York State Environmental Title 21, Article 17, which meets the same intentions. The exemption would be for duly certified applicators of registered businesses that provide DEC acceptable service contracts only; and who need to comply with all state regulations that in their entirety exceed the requirements of the Town both existing and proposed of Chapter 107, Lawn and Fertilizer and Pesticide Runoff Control. I am hoping that you may consider that down the road. I think our goal here tonight, Jim and myself is to see if whether or not we can maybe hold a workshop and go over some of the issues that we are concerned about none the less of which is neighbors having to enforce it. I totally agree with the comments made that there needs to be some outreach as well as some enforcement, other than neighbors speaking to neighbors. Back in the day, Assembly Point, for example, individual's gathered there on a Sunday to kind of get together and talk about things on the point. Nowadays, it seems they talk about things and you are not sure that at the end of the day what they are arguing about. You know what is being done on their particular property, so I think the outreach is very important. The other aspect is I want to make sure the Town takes into consideration the entire universe of residential lawn applicators that is stated in the law. It actually has the definition in an Article 33 Part 325, which are the regulations that come from Article 33 of Environmental Conservation Law, so that does have a definition. That means anybody that applies a chemical including a pesticide to a lawn would be included. Just over the weekend I went to some of the garden centers to look and see what the signage was that is required of this Article 17. That really gives you the authority to make more restrictive laws governing these nutrients, phosphorus in particular. It is called the Detergent Law or the Phosphorus Law in the DEC Law, which is Article 17 not Article 33. I went around a few of the stores just to see what the signage might be if you go to the DEC website they have a fairly good description of the Detergent and Phosphorus Law. I have a copy of what it is the bottom part of the page is what the DEC recommends that these retailers have. I think if the Town goes forward and makes these additional restrictions and sets that requirement it would behoove the board to include this entire universe, those people that do residential lawn applications, but because of service fees are apt to begin to want to do it themselves the do- it- yourselfers. If there isn't a signage at the point of purchase, I think it is very unfair to those people that are going there to purchase a grub control or a weed and feed or combination fertilizer package and then find out from his neighbor that he is not going to be able to apply that particular chemical because he doesn't have the required setbacks of his small property. With that, I went around, the signage just didn't seem to be there I don't know if it is a lack of resources on the States part, why it is not enforced a little bit more, but there were none of these signs. There was signage in one business that I went to, but it was more that it followed the Article 33 segment of law and not the Article 17, which is what you all are addressing here with the new law. I want to enter this also as part of the record some things that maybe the State should do for a particular sign for a garden center then in addition what language might have to be necessary if the Town is required to do that. Keeping in mind that people that come here to service individuals within the Town might not be from the Town of Queensbury, they might be from further down services that might be from Albany and come here and not know the regulations. I think there should be a bare minimum, like the speaker said before, to begin to enlighten those people as to what the requirements are that the Town, and in addition to what the state already requires. I think that is about all I have. I did review the minutes from last meeting and I was wondering why certain REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 879 sections, even the Attorney had some comments and why those weren't addressed. That will probably come out in the states review. I was concerned, I did foil last year for the comments that did come from the Department of Environmental Conservation. I was concerned that they were a little brief for what the Town is intending to do, especially with regards to maybe soil topography, soils types, topography. If a site was less than two percent, if a guy had a lawn that was in the range of two or three percent, it was less chance of runoff that those would be considered, those areas of the Town would be considered and be somewhat perhaps exempt from the area. The other areas I am concerned about is, what exactly the definition of regulated surface water might be. John you had an interview with the Post Star, there was an issue at the Hobby Lobby. You very carefully described the train of events how that water moved out of the low impact development device and into the pipe near the spring and into the stream then into the Cemetery pond then into Hovey Pond, which I thought was very good all along the way there is that opportunity for the contaminant to get absorb then down the road get maintained. Even a lawn a residential lawn needs to be maintained. Again, if you do have that total lawn care package, often times we are taking away the leaves and the natural debris that would build up that also goes out of the watershed. I think that is all I have; I think the state was a little light on the definition of what a lawn is. I firmly believe that it is a type of filter strip on these parcels. I think they are quite important. I think it is important to keep them maintained as best as we can. If anybody has any questions I could answer them or we can setup a workshop. COUNCILMAN IRISH-I don't have a question as much as a comment. I got Jims email, but I don't think I got an email from you Dave. COUNCILMAN VANNESS-I don't think I got it either? COUNCILMAN IRISH-It is just dougiggueensbury net. SUPERVISOR STROUGH-I did and I will make sure they each get a copy of everything you submitted in their mailbox. MR. LINEHAN-My computer there was real, some lettering on my email thing so I was having trouble, I misspelled Queensbury. SUPERVISOR STROUGH-Oh, you don't want to do that. COUNCILMAN VANNESS-I just want to say John we had several workshops on this and talked about it individually with each other. Even in the exemption part of it, making a new lawn, building a new turf, being able to prove our Code Enforcement Officer that the lawn that needs emergency attention we have allowed for certain situations, like that to say, okay if you were to come to Dave and just say this is what happening this is what I need done. With your suggestions, I mean being professional, both of you in that line gives us a little more to look at a little more to think about. MR. LINEHAN-That is an interesting point because some things are an emergency. COUNCILMAN VANNESS-Right. MR. LINEHAN-Some things are almost prophylactic. You are planning ahead. You know there was an issue there last year so some of these chemicals you put down in anticipation that something bad might happen. There are diseases that might come up within twenty-four hours, we would have to have an officials phone number maybe to do that type of application if we were worried about a fungus. COUNCILMAN VANNESS-If you look at the exemptions of 107-7 it gives you the exemptions of where you.... MR. LINEHAN-That is what we would want to tackle. We would like one additional exemption that is to exempt those of us that are certified by the Department of Environmental Conservation. Those of us, who are trained recertified every year, pay our fees, do our record keeping, and send in those reports. REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 880 MR. HUNT-The point I wanted to make and Dave has made almost every one of them except to tell them the last time we performed together was Junior High Band in the trombone section and that's true. Dave's recent point about what we do it is a lot of work to run a government and to protect the lake, but that is exactly what we have been doing for thirty years. We've withstood many many changes in the laws and the way we have had to do business neither company has shirked their responsibility. We have changes and we have changed with the times, but so too have the companies like Bayer and Glaxo Smith Kline the companies that build and make the drugs that we all take are the same companies that build and make the products that we are talking about they have made thirty years of tremendous progress specifically in Lake George. The backward part of Lake George progress was algae, but the chemical cleaning and the changes in the aquifer and the animals and birds that live around there has been extraordinary. I guess my point was very simple if you have any more workshops, I like you to include us because I would like to make you aware not only of what we do and how we are trained, you can call us an expert if you'd like, but we really do have to put forth a tremendous amount of effort very specifically in using these products. For example, five years ago manufacturers began selling us fertilizer without phosphorus long before this law became a law, so they saw the handwriting on the wall and they changed before we did as a government. The products that we do use are used differently they are used with very specific regard to how the label reads. I don't know if all of you do your own lawns I am not certainly here making a pitch for us to do the lawns, but if you read the label carefully you will find some extraordinary information and that is you can't just use it wherever you want to, however, you want to. You will also find is the letter I sent to John the words that are there say it is a violation of Federal Law to use this product in a manner inconsistent with the way it is labeled. That goes for Clorox, that goes for most of your soaps, your waxes and most everything you use in the home. That federal thing is there that statement is there. MR. LINEHAN-If I could just add, I was reading a label just recently it said that for best results contact your Cooperative Extension Agent to find out the best window for application. To his points those things are in the label. I do not know how many people read the label they are certainly not reading any signs because the sign is not up. MR. HUNT-My take home message here is simple. We know the rules to the extent that we know the rules. We know the products and believe me the people that we work for on Lake George, Glen Lake, Lake Sunnyside all have the same point of view. They have the same point of view that you do, that these folks do, and we do, keep it clean, do it right, play by the rules, so we want to do that. What we want to be part of is how you educate the community on what their part is in this and how you regulate what they do so there is a little education that has to be involved. If we can get into these workshops with you, unless you have exhausted all of them, we would prefer to do that; tell you what is required of us, how the product manufactures had an increase in the viability of those products. What the public requests a recent publication of pest control technology said forty nine percent of people with problems would prefer to have a professional. My take home message to Dave for all these years is take these pesticides out of the use of homeowners because they are not trained we are. So again, an exemption if it is in the cards too, I would like to be included in the decision making process from here on out just so that we are heard. We are not against any rules we are not against any changes heck we are not against most anything we just want to be included in it. We think our expertise is invaluable both to you the lawmakers and the general public. MR. LINEHAN-Just one other point, Jim spoke to the label issue. This training that we need to go through, we have to have so many credits in the period of three year's time. I forgot what mine is, I think it is sixteen credits, sixteen hours. Some of the sessions that we go to are repeats, some of them are very basic. The point I wanted to make is that science changes the science the studies that we hear. Kathleen Bozony, last session back in 2011, did an excellent job. Emily DeBolt did an excellent job speaking to the issue of soil having the phosphorus attach to those soil particles being moved off site by erosion wind or rain. Those are the same things that we learned. Of course, we are in favor of the lawns and the turf that keeps it in place, thinking that events like Hurricane Irene or Floyd way back when, they stand up better than the tree that falls down and the roots get up and are exposed to the rain that ends up in the lake. The point I wanted to make is that science is both a tool and a toy, it is constantly updated. These renewals this recertification that we go through is very important, but we do rely heavily on our Land Grant College, Cornell University for example their turf program the expert there that takes care REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 881 of Yankee Stadium that is what we rely on for the science. I will make sure Karen gets a copy of the clipping article. SUPERVISOR STROUGH-Yes, also for the sake of the public there is no restriction in here on pesticides that doesn't already exist at the State level. We're prohibited as a local government to make pesticides rule more restrictive than the State rules. We are allowed to make fertilizer rules that are more prohibited than the State rules. This discussion on pesticides and this particular law this particular law doesn't add any more restrictions than those that are already there on the State level. MR. LINEHAN-I just want to point out that some of those products are combination products so you get into the pesticide applications and being trained in that and knowing what those labels require looking at them in a little bit greater detail. MR. HUNT-That is why we want to get involved in the workshop so you understand that when I use the word product I am really referring to it as it can be fertilizer or pesticide or combination. Of course, the law does say, title of the law is Fertilizer and Pesticide Runoff. Our inference is that we're being targeted more than what is fair for us to be targeted visa vie all the other rules that have taken place. With that said, most of the combinations that people buy, if I could tell you for a moment how they keep track at the State level of what is bought and where people get their information, let me give you a quick example. It varies from the side of the house at my shop to the other side of the house. For example, if I come and spray your tree and I have used thirty two ounces of a product for a hundred gallons I have to report the number of fluid ounces per gallon so it would be three point two fluid ounces per gallon those are liquid chemicals. If I come and fertilizer your lawn with Holtz pre-emerging crabgrass material and fertilizer the pre- emerging crabgrass material is a prodamine at thirty eight one hundreds of a percent of volume of weight. So thirty eight one hundredths of fifty is what one and a half pounds per fifty gallon bags so if you look for the active ingredient the answer is one and a half pounds. No, no, no, no, no, DEC will not let you report it that way they make you report the fifty pounds. When it is all said and done at the end of the day if you used two hundred pounds, which are four bags rather than being able to report accurately in my mind loftily that you use four and a half pounds you have to report that you use two hundred. Where does that information go, who uses it and what it is for? It has been on the books seventeen years, they are thinking about cancelling it. It used to go to Albany then to China, it would be gone for three to four years while they input it at China here is the intent. Breast cancer and testicular cancer awareness in the State of New York, who can argue against that? We didn't even argue against it. However, but when you pulled the data and if you are against fertilizer what you are going to find is the number one used product with an insecticides in it is fertilizer with pre-emerging crabgrass. We don't have a problem with people keeping track, but do it fairly and do it according to what we think and that is where we come into this situation not that we are going to try and bend your arms in any way we just want to be heard. SUPERVISOR STROUGH-There are nine exemptions, but you and I probably wouldn't be having this discussion if everyone abided by one of the exemptions. That is if you put a buffer in a buffer standard that meets 179-8-40 you can use there are no restrictions. MR. LINEHAN-We know that. SUPERVISOR STROUGH-Having that permeable buffer between the lawn and the lake solves the problems. MR. LINEHAN-When I was looking at the different chemicals over the weekend there was one there that was a bag of mulch that had a chemical in it that keeps the weeds from coming up. How is that going to work? SUPERVISOR STROUGH-That wouldn't work. Thanks for giving us the idea for a new restriction we have to add. MR. LINEHAN-I am all for it you wouldn't want that thing from the buffer moving into the lake because it carries a chemical. In the Article 33 there is a section where it gets into notification REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 882 the idea is if the neighbor is the keeper of the lawn how he is applying the material. We believe the purview of the Commissioner of DEC and that is what that transmittal was about. SUPERVISOR STROUGH-I saw the letter from the DEC taking a look at that and we will probably hear about that from them one way or the other. MR. LINEHAN-Again, I am anxious to find out, I did foil for the comments once it does come back from the DEC. My hope is that the DEC will look at this a little more critically, a little bit more on a local level. I started out investigating right here in Region 5 to see whether or not those people there the department there at the local level were concerned enough about how this law was going. The universe of who is being captured in it, who is actually going to have to obey the law, and whether or not they could help be part of this workshop to make sure everything is covered; that there is good outreach and to go over and make sure that the law is correct in keeping with the enabling legislation, that is before you and I think you are right, it is the Article 17. SUPERVISOR STROUGH-Thank you Dave and thank you Jim. TOWN COUNSEL, HAFNER-Mr. Linehan, you mentioned lots of things that you want the Town Clerk to have in the record. If you hand them to her, we will make sure that they get in and nothing is missed. SUPERVISOR STROUGH-The label I like most is the one that says for indoor and outdoor use only. SUPERVISOR STROUGH-Anybody else like to speak to the proposed amendments in this law, Chris. CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER-I would like to thank the Town of Queensbury for their leadership on this important water quality issue. Several years ago then Supervisor Stec stated the Town had set a high bar and challenged other Town's in the watershed to meet the standard. With these proposed actions you continue to set a high standard for water quality protection. Unfortunately the majority of the other Towns have not met your challenge, but we will continue to advocate for the consistent adoption of these protective measures. We support the important measure of implementing regulations applicable to regulated water bodies, which include streams, tributaries, and wetlands. Streams are vital elements that determine the health of any watershed and the recognition of intermittent streams which can be significantly impacted as head waters of a watershed where runoff can consist of the majority if not all of the flow as consistent with scientific research regarding volume, transport, and conveyance. A question we continually receive from other municipalities within the watershed, Lake George Watershed is the concern about enforcement of such regulation. Some questions we have for the Town, I know this is public comment but maybe we can receive some feedback. Does the Town of Queensbury have any information regarding the number of violations issued or enforcement actions regarding Chapter 107 of the Lawn Fertilizer and Pesticide Runoff Control? How does the Town approach enforcement of this Ordinance, can the Town share any experiences for the implementation of successful program that we can share with other municipalities? Again, Lake George Waterkeeper would like to thank the Town of Queensbury for the proactive measures regarding water quality protection. Thank you. SUPERVISOR STROUGH-Thank you Chris. Is there anyone else that would like to speak to this? BILLMASON, RESIDENT OF TOWN OF QUEENSBURY, CLEVERDALE-First of all, I want to thank you for your effort on all of this. I appreciate the hard work that is. I know this is very complicated. I also appreciate all of the words that everybody is speaking here tonight. I think that outreach and education are critically important if there is one thing I learned from the effort of Dave Wick at the Park Commission on the AIS deal is that the most important thing is constant outreach and constantly educating people. I appreciate that this is very complicated you won't get it perfect. I read the law it is not perfect in my mind, but it is a darn good start and please keep up the work. Thank you. REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 883 KATHY BOZONY, BLUE LAKE GEORGE-I wanted to thank you for bringing this back to the table. Queensbury was instrumental in being a forefront along with the Town and the Village of Lake George to adopt a Fertilizer Restriction Law before New York State did. To come back in and change the wording to say regulated water bodies to include our streams our wetlands, our tributaries and our impervious surfaces is really critical. I do agree with the gentlemen that spoke of the certified licensed applicators. I too fear homeowners and pesticides and fertilizers in their hands without possibly reading directions. I do trust that these licensed applicators are doing what they are supposed to be doing. If we look at the data base from DEC I believe the last year that they accumulated data was 2005. If you go on you can see the many thousands and thousands of pounds of pesticides only not fertilizers they are not recorded, but are required to be recorded and documented by every licensed pesticide applicator. I know we have talked about this 2011 University of Florida Study, I believe that was funded by Ortho or some Lawn Care Company. As Mr. Strough said, the point is this the Adirondack Mountains we have an oligotrophic lake that is teaming with growth right now from excess nutrients. The Fertilizer Restriction Law is one way to try and halt that increasing growth of algae and our invasive aquatic species. The buffer is really what we are trying to get people to understand. I have many licensed applicators that have lawn care companies and maintenance business they say to me I would much rather go in and encourage a buffer and plant that buffer for the homeowner rather than putting chemicals on their lawn. I don't know if you all heard the study last week that they are linking Alzheimer's disease to DDT. In the United States DDT has been banned for many years, but a lot of countries that are supporting and supplying us with vegetables are still using the product. The thing that was most alarming about this and I am sure you all know how alarming Alzheimer's disease is the thing that came out of this study was the fact that yes, DDT is being studied for causing these types of devastating diseases, but it is not just DDT it is probably a lot other chemicals that are being used. As you may be aware on your pesticide application or on the labels the only product that is labeled there is the active portion of the ingredient. Many of these combined products for lawn fertilizer phosphorus free, which it has been for years ever since I starting looking at this in 2008 they all have been phosphorus free. A phosphorus free fertilizer with a chemical for grub killing or whatever, crabgrass that type of thing the only thing that is on that label is the active component of that ingredient and often that in one percent of the product. We have no knowledge nor does the EPA require any of that ninety nine percent of the inactive component of all these products that are going on our lawns to be reported. There comes in twenty years from now we are going to come back in and we are going to say, okay the chemicals in whatever are adding to our Alzheimer's and whatever else. It is an alarming report that came out, and again it is not just about DDT it is about everything else. DEC, I have spoken with them and they are in favor of this Lake George law they passed it when you all passed it three years ago. They are still reporting it as it is written and again you've changed the wording from Lake George and Sunnyside and Glen Lake to regulated water bodies it is a terrific change The New York State Law that came out which our entire lake has adopted the New York State Law mandatory. New York State Law came back with a twenty foot setback for application of law fertilizers unless you use a drop spreader then you can apply that fertilizer and pesticide within three feet of a water body. They have taken a law that twenty foot setback is not nearly enough, fifty feet is not nearly enough. We are going with fifty feet because we know we will have that much more opposition if it gets anything more scientifically responsible. The key is, I understand healthy lawns are very important, but we are not promoting lawns here we would really like to see people get back to the natural buffer the natural shoreline. If you look at the shoreline even from the aerial you look at the shoreline that is a natural buffer it is a whole different view than you do from the land use the developed area of the lake. I think that is all I have to say I do really appreciate you bringing this back to the table and changing the wording to make it much more effective. We are looking forward to the Town of Lake George next Monday night, they also are having a public hearing. The Town of Lake George was instrumental years ago, before New York State created this Fertilizer Restriction Law. They adopted, they are on a twenty foot setback and we are hoping we can get them at a fifty foot setback as well this is the start very very critical. Thank you so much. SUPERVISOR STROUGH-Anyone else like to speak to this? BEVERLY BOZY, HOMEOWNER ON THE SHORE OF LAKE GEORGE- WITHIN THE QUEENSBURY JURISDICTION- My family has been there for sixty years, we boat, we swim, we drink the water. Of course, we have a filtration system that works much more rapidly than when we installed it twelve years ago. I fully support the efforts you are making to get a better REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 884 quality of water for everyone because it is a health issue and because it is a health thing my family has never applied chemicals to the lawn. We work at it, but we don't apply chemicals because there are health issues within the family and we don't want to maximize them. I just want to say that I am very appreciative of the efforts that you are making. Yes, buffers we have begun buffers along the edge this is the Adirondack Park do we really need lawns that look like a golf course let's get back to being a park. Thank you. SUPERVISOR STROUGH-Thank you Beverly, anybody else wish to speak to this? RON BALL, QUEENSBURY-Everybody including me that spoke tonight seemed to be on board with what you want to achieve. I haven't heard anybody say what would happen if you didn't use the phosphorus. I am going to use Scott's for example; Scott's puts it in their starter fertilizer. Do you think for one minute that they wouldn't put in there if it wasn't needed and I can tell you some things that could happen if you don't use them? I am not sure, but I think I seeded your lawn, right John? SUPERVISOR STROUGH-Yes you did Ron. MR. BALL-I'm not going to say what kind of fertilizer I used. SUPERVISOR STROUGH-And you did a nice job, too. If you are starting a new lawn this restriction doesn't apply. MR. BALL-Right it doesn't. I understand you. Let me tell you an example of what happened on Lake George. First off, I'm in the landscaping business. I retired from it, but we don't do maintenance, we don't go out and do any fertilizing we just install lawns irrigations and whatnot. On Lake George, I had a guy call me because I put his lawn in he called me a couple three years ago. He had a steep grade going down to the lake and he had this path that the grass didn't come back it was brown, real brown. I looked at it; it was early spring I said to him did you remove the snow from it. He said yes my grandkids started a big snowball and they would roll in down through there it picked up all the snow and it exposed the lawn. I said to him, I think what happened is you have what we call a winter burn or winter kill if it is exposed and the snow is both sides of it then it is being insulated it is very difficult to bring back. Here is the issue you can try some starter fertilizer on it I would say rake it the best you can. Years ago, farmers used to burn their lawn go out there burn the grass burn it all off, go into the barn, get some hay shaft thrown it down. Boom their lawn would pop back up, no fertilizers, but today people are a little more particular. Their houses, they think curb appeal. You want a really nice looking house, you have to start with the lawn. To get back to this guy we raked it did the best we could. I said I don't want to turn it over because if you turn this over or if you throw down some new soil on there first time it rains that is going to be in the lake. There are a lot of times what we did with houses on the lake that had the steep grades we used to sod real close to the lake so anything that ran off from the higher points it would catch it with the sod that was maybe four or five feet wide across their property at the lower point. So we tried fertilizers, it didn't work. So I said probably the best thing to do is sod it, run a strip to sod down through there you just got to make good contact with the soil you have to still put some starter fertilizer down, but it is not going to mask the rest of your lawn. It is not going to mask the rest of your lawn not for a couple of years. Eventually, with the proper fertilizers it will come back. What I am saying to you is if you don't use phosphorus and starters fertilizers your lawns are going to start thinning out. Once they start thinning out you are going to have erosion what happens with erosion is it is going to start finding its way to the lowest point, which would be the lake because all houses are above sea level. Consequently, this will erode down to the lake and now you are going to have the same problem which this guy had where I had to go back and re-sod. If you don't use the phosphates it is going to be difficult to keep a nice green lawn. SUPERVISOR STROUGH-This doesn't restrict phosphates because New York State Law restricts them so we took that out. MR. BALL-It is starter fertilizer. SUPERVISOR STROUGH-Duly established lawns you are allowed to use it. Emergency situations such as you just described you are allowed to use it. Soil test indicators you are REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 885 allowed to use it, agriculture uses and it goes on almost everything you mentioned it would allow you to use.... MR. BALL-I am willing to bet Queensbury School, they've seeded that lawn at the Middle School the parking lot they have seeded it twice, I saw them do it. I bet you both times they didn't use starter fertilizer neither time did the lawn come in right and it always looked terrible and it still does today. I don't like the way they drew up the parking lot, it is tough without an irrigation system, that is not going to help with it. Lawns will start thinning out if you don't use that phosphorus. Once they start thinning out the value of your home is going to go down, it is not going to look as good and that is curb appeal. You have to weigh the situation. SUPERVISOR STROUGH-That is why you should put the buffer according to 179-8-40 and then you won't have any of these problems. Put the buffer in. MR. BALL-The buffer may work. It is hard to convince somebody when you got a million dollars in a home. SUPERVISOR STROUGH-The buffers are beautiful. MR. BALL-That is all I have to say. SUPERVISOR STROUGH-Thank you Ron. Anybody else like to speak to the proposed amendments to the law again. This law is the law that we adopted some years back. What we are doing here is we are clarifying that tributaries to Lake George. Let me read it to you, natural streams, tributaries, springs and wetland within the Lake George basin and it goes on has languages that describes it as it is described in full contexts by the Lake George Park Association. The other water bodies Glen Lake and Sunnyside for example it is a fifty foot restriction just from the shoreline. It doesn't speak to their tributaries, this only speaks to Lake George's tributaries. That is basically the difference we always had a fifty foot restriction this just applies the restriction to the Lake George basin tributaries. Seeing no further comments from the public, does the board have any other further comments; I will close the public hearing. I have the right to reopen it should the need arise. We will wait for what New York State has to say. I am going to share what Jim Hunt and Dave Linehan had given us. I know I have received it, so I will make sure all the board members receive in addition to what you submitted tonight. I will leave the public hearing open. We are going to have comments from the State, and I think we are going to have additional comments from others as well. PUBLIC HEARING TO REMAIN OPEN MR. LINEHAN-Submitted articles as part of the record pertaining to public hearing, on file in the Town Clerks Office. 3.0 PRIVILEGE OF THE FLOOR HARRISON FREER-Spoke to board strongly in favor of Establishing and Adopting Sustainable Complete Street Policy. Thanked the board for hosting the Complete Street Meetings. CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER-Spoke to the board regarding a letter he sent to the Town regarding the Annual Low Impact Development Conference. It is an all-day conference to be held on May 1St, 2014, put on by the Fund and Lake George Waterkeeper. We bring national experts on low impact development and sustainable practices; we put this on for free. We provide land use training credits that are necessary by the Department of State for all board members so that Planning and Zoning Board members can get their credits that are needed. The keynote speaker for this year will be David Crocket, a national leader in sustainability from Tennessee a decedent of Davy Crocket. Spoke to the board noting his support for the Establishment of the Adoption of Sustainable Complete Streets Policy. An important element of Sustainable Complete Streets is the implementation of low impact development and sustainable green infrastructure. It appears that the resolution does not recognize the need for these environmental protection measures. He encouraged the Town to include these for environmental benefits in the resolution. REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 886 JOHN SALVADOR-Spoke to the board noting he put a letter in their mailboxes concerning Sweet Road, it is self-explanatory. Spoke to the board regarding the applications submitted for the Ethics Board, he asked if one of the applications is from a Town Official? SUPERVISOR STROUGH-In 1997, the Town passed a Local Law Revising Chapter 14, Code of Ethics taking out that aspect, this law superseded the General Municipal Law 808-Paragraph 3. TOWN COUNSEL, HAFNER-The Municipal Home Rule Law they enacted in 1997 to supersede that portion of the law, it says that in our Code. MR. SALVADOR-It is in the best interest of you and your employees to have a representative on the board. SUPERVISOR STROUGH-If this is the way this board wants to go, we will remove the old law and make it part of the new law. MR. SALVADOR-Spoke to the board regarding Director of Planning and Zoning, Craig Browns decision with the proposed zip line at Wild West Ranch. Thinks they have failed to recognize Section 267A-6 of Town Law the issue of motorized verses non-motorized vehicles with regard to open space use. Spoke to board regarding the Park Commissions mandatory boat inspection and hot water pressure washing program which will go into effect on Lake George starting May 1511' MR. LINEHAN-Asked if the board was going to forward the law to the DEC? SUPERVISOR STROUGH-They already have the law. MR. LINEHAN-Asked the Town to send to the DEC the discussions from the last law that was adopted. SUPERVISOR STROUGH-If they require them we will. MR. LINEHAN-Asked if DEC asked for public comment? TOWN COUNSEL, HAFNER-They reviewed it and they approved it in 2011. SUPERVISOR STROUGH-Recommended to Mr. Linehan to send the information to them. JIM MACKEY, QUEENSBURY-Presented to board members his application for the Queensbury Ethics Board. 4.0 RESOLUTIONS RESOLUTION ESTABLISHING AND ADOPTING SUSTAINABLE COMPLETE STREETS POLICY RESOLUTION NO.: 121,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, "Complete Streets" are defined as roadways that enable safe and convenient access for all users, including bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users or public transportation, and seniors, and REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 887 WHEREAS, "Sustainable Complete Streets" are defined as Complete Streets with elements of design, construction and operation that also serve environmental sustainability, and WHEREAS, streets that support and invite multiple uses, including safe, active, and ample space for pedestrians, bicycles, and public transportation, are more conducive to public life and efficient movement of people than streets designed primarily to move automobiles and trucks, and WHEREAS,promoting pedestrian,bicycle and public transportation travel as an alternative to the automobile reduces negative environmental impacts, promotes healthy living, and is less costly to the commuter, and WHEREAS, the full integration of all modes of travel in the design of streets and highways will increase the capacity and efficiency of the road network, reduce traffic congestion by improving in options, limit greenhouse gas emissions, and improve the general quality of life, and WHEREAS, many studies show that when roads are better designed for bicycling walking and transit use, more people do so, and WHEREAS, the design and construction of new roads and facilities in the Town of Queensbury should anticipate future demand for biking, walking, and other alternative transportation facilities, and WHEREAS, "Sustainable Complete Streets" are supported by the Institute of Traffic Engineers, the American Planning Association,the American Public Health Association,the State of New York, and many other transportation, planning and public health professionals, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury shall view all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in the Town of Queensbury and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system, and BE IT FURTHER- RESOLVED,that this Resolution shall take effect immediately Duly adopted this 7 t day of April,2014,by the following vote: AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT : None RESOLUTION APPROVING YEAR 2013 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.122,2014 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 888 WHEREAS,the Queensbun-Town Board previously authorized engagement of PENFLEX, Inc.,to provide the 2013 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs,and WHEREAS, as part of the Service Award Program(s), it is necessary-that the Town Board approve the Fire Companies' and Emergency Squads'Year 2013 Service Award Program Records,and WHEREAS, the Town Supervisor's Office has received and reviewed the records from each of the Town's five(5)Volunteer Fire Companies and found them to be complete,and WHEREAS,the Town Board wishes to approve these records, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby approves the 2013 Volunteer Fire Compan` Service Award Program Records for each of the Town's five(5)Volunteer Fire Companies,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 7 t day of April,2014,by the following vote: AYES Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough NOES None ABSENT: None ABSTAIN: Mr.,VanNess (West Glens Falls Volunteer Fire Company only) RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 123,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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, REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 889 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 2014 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 004-0000-52680 Insurance Recovery 647.35 Increase Appropriation 004-5130-4110 Repairs 647.35 Duly adopted 7th day of April, 2014, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr.VanNess, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF APRIL 8TH, 2014 RESOLUTION NO.: 124,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of April 3rd,2014 and a payment date of April 8th 2014, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of April 3rd,2014 and a payment date of April 8th,2014 totaling$2,013,460.23,and BE IT FURTHER REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 890 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 7 t day of April,2014,by the following vote: AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements NOES : None ABSENT: None 5.0 CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Supervisor's Monthly Report for Community Development and Building and Codes for March 2014 on file in the Town Clerks Office. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I) • Nothing to report. COUNCILMAN CLEMENTS (WARD II) • Thanked the residents for all of their comments tonight particularly on the Fertilzer and Pesticide Runoff Law. COUNCILMAN IRISH (WARD III) • Thanked the Town Highway Superintendent, Tom VanNess and Chuck Garb for their help on some issues that constituents had and called on last week. They came out and took a look at the concerns and put together an action plan. • Any drainage or water issues or snow plowing issues, residents can address their concerns to the Town Highway Department. COUNCILMAN VANNESS (WARD IV) • April 16th and 17th Smart Growth Meetings at West Glens Falls House. April 17th is an invite only. April 16th we will still take comments for your ideas, opinions or questions about the Main Street Corridor. Hopefully, after April 17t1i we will be able to make some decisions and changes and move on from there. SUPERVISOR STROUGH • Invited to celebrated Cecil Allen's 100th birthday with her. She is a resident of Queensbury lives on the Boulevard. Wished her a Happy Birthday! • Thanked each of the Town Board members for contributing their own money to the Lake George After Prom Party. • April 26t1i 2014 from 9:00 a.m. to 1:00 p.m. at Hovey Pond Park there will be a conservation celebration. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 125, 2014 REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 891 INTRODUCED BY: MR. WILLIAM VANNESS WHO MOVED FOR ITS ADOPTION SECONDED BY: MR DOUG IRISH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss current litigation and employment history of employees in the Town. Duly adopted this 7th day of April, 2014 by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None AB SENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 126, 2014 INTRODUCED BY: MR. DOUG IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR ANTHONY METIVIER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 7th day of April, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None AB SENT:None NO ACTION TAKEN RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 127, 2014 INTRODUCED BY: MR. DOUG IRISH WHO MOVED FOR ITS ADOPTION SECONDED BY: MR ANTHONY METIVIER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 7th day of April, 2014, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None RESPECTFULLY SUBMITTED, REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 892 CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY