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2004-09-27 MTG44 325 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 REGULAR TOWN BOARD MEETING MTG. #44 September 27, 2004 RES.461-478 7:00 p.m. BOH 24-28 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER Supervisor Stec-A month or two ago I sent a letter to all the County Elected Officials as well as our State Representatives and our Congressman inviting them any time they wanted to contact the Town Board and discuss issues or bring an update to their constituents about what is going on that all they needed to do was ask and we would get them on the agenda tonight our Assemblywoman Theresa Sayward has made time in her schedule to speak to us. Assemblywoman Theresa Sayward-Spoke to the Town Board on the following topics; st ?? Empire Zone Program- passing a law that extends that program to March 31 of 2005 – ?? Patriot Plan Two – Expands the benefits for Military Personnel and their families including New York State Tax exemptions, tuition eligibility expansions and an increase in their pay. ?? Anti terrorism legislation-creating the State Office of Homeland Security. ?? Passed budget reform ?? Passed legislation that rescinded the Vehicle and Traffic Law that would have sent the speeding violations that were reduced to non-moving violations back to the State of N.Y….trying to get more reimbursement back into the localities where it belongs… Spoke on district work: ?? Working with Commissioner of Insurance to investigate Healthy New York with regard to businesses that are changing their name to become eligible for the program ?? Offer shadowing program to students throughout the district ?? Councilman Brewer escorted a group of band students to the Capital, they visited the legislative chambers ?? Working on the legislative Back to School Program – John Strough class has been active in this program ?? Brought Century Council here to Warren County th ?? Spoke on Grant program for Fort Ticonderoga – our student in the 113 Dist. Can go to Fort Ticonderoga for free and get some hands on history – ?? Working with Supervisor Stec and DOT on some signage issues and issues near the rest area … ?? Working on cell towers along Interstate 87 the project came to a stop will bring all the parties together to see what all the issues are…Senator Little is also working on this project ?? Working with Glens Falls Hospital on Cardiac Care Unit and other issues at the Renal Center 326 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 ?? Senator Little and I hosted a Health Fair with the Medical Society in Queensbury where our Doctors, Nurses and providers got to interact one on one with the State Commissioner ?? Top issue in the district is property taxes, thanked each Board Member, you are very fortunate that Queensbury has a robust economy and you were able to return very hard earned tax dollars back to your people ?? Working on Economic Development Projects with Warren County ?? Working on Constitutional Issues in Hamliton County and Saratoga County Noted Office is always open to the public and Elected Officials and thanked the Board for the invitation to speak before you tonight. Supervisor Stec-Questioned the Assemblywoman on a County Wide Projects-Out door drama, Luzerne Site has been identified as the preferred site – do you have an update on this? Assemblywoman Sayward-Supervisor Bennett provided me with a copy of the study, I have been looking through it to see which portions might be eligible for grants…I think it is an important project …. I will certainly support the project and make it a priority to work with you on funding. Councilman Boor-Questioned the investigation of the Empire Zone and Healthy New York Insurance-are these investigated by locals or the State? Assemblywoman Sayward-There is a fraud unit in the insurance department that investigates such matters… Councilman Brewer-Thank you for coming…one question the Fire Fighter Legislation that you proposed earlier this year how is this proceeding, is there anything that we can do to promote that? Assemblywoman Sayward-Noted there is some interest from a friend in the Assembly will be working on this, also talk about health benefits for the volunteer Fire Fighters-if we had to pay for all the volunteers in the State of New York it would cost the State Seven Billion Dollars a year to replace those volunteers with a paid service…The State should be doing more-Letters-E-Mails it all works to the Governor, to me and all the other representatives. Councilman Strough-Noted an article from a paper in Florida, noted the Balloon Festival is in Glens Falls, signage could help. Assemblywoman Sayward-We will work hard to get those signs. 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 461.2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 27 day of September, 2004 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec 327 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 NOES: None ABSENT: Mr. Turner 1.1 PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF HERBERT BUNTING NOTICE SHOWN Supervisor Stec-Is Mr. Bunting here or anyone that may be representing him? Good evening Sir, we just ask that you just step to the microphone and state your name and address for the record and tell us a little bit about the project. Mr. Harold Bunting-My name is Harold Bunting I live on Bay Road and the project I put a holding tank in my basement because I replaced it. The one I had in that got a leak and I had to do it fast and I replaced it. So, I read the thing here, you know, the size and everything I couldn’t meet that size not in my basement because I had a five hundred tank, a five hundred gallon tank in there so I replaced it with a poly five hundred gallon tank. I could not put, I know the code said thirty five hundred but I could not put that in. I tried to buy property from my neighbor but I have not been successful….I would rather have it outside I would rather have a regular system but I cannot fit it, I am on solid rock there. I put a well in about five years ago and it is two hundred feet solid rock. There is no dirt there, lucky I have grass there. I do not have any dirt at all. I have always had a holding tank, I have always had, Queensbury you can vouch for me, I got ..Sweet there he cleans me out all the time. I never let it flow over the ground. Dave, he saw what I was doing but he required me to put the …. system in so if you want to see what I got. Supervisor Stec-That is fine for right now. I think we have that in our applications. We have got a copy of that. Councilman Boor-I am familiar with your place. Supervisor Stec-With that Dave, if you wouldn’t mind coming up and joining us at the microphone here and I will open the public hearing to consider this sewage disposal variance. Dave, if you could just summarize what you found over there for the record and your recommendations. Director of Building and Codes Dave Hatin-Well, as Mr. Bunting stated he is replacing existing steel five hundred gallon tank with a heavy gage plastic or poly as it is commonly referred to five hundred gallon holding tank. Due to the constrains of his property like he said, he is on rock, there is no place to either bury or create a spot for a tank without extensive blasting or chipping or rock, most likely extremely expensive. So, we felt that this was the way to proceed was allow him 328 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 to replace the existing tank with comparable tank make it safer it is a poly tank it should last forever, the existing tank was steel and rusted out. We will have an alarm system on it now which it did not have before, it is vented to the exterior so there is not a problem with sewer gas building up in the house, it will be vented. I think we have resolved the issues other than the size. Supervisor Stec-Any questions from Board Members before we open it to the public? Councilman Boor-Just one, with the venting, how is it done differently because it is. Director Hatin-It is not really done differently it is done through the plumbing system of the house, pretty much acts as a vent. We will just verify that he does have a good vent system on the tank itself. Supervisor Stec-Any other questions, John? Councilman Strough-Just, I am sure you did Dave and I am sure you got a good answer, you must have considered maybe a thousand gallon tank or? Director Hatin-There are a couple of constraints number one is the size of the, he had to actually physically take out a wall, when we found out about this he was in the process of replacing the tank and he was not aware he needed a permit. We allowed him to replace it so he had some septic holding capacity now, in fact he did not have any when I got there he just set the tank into the basement. There really isn’t room for a thousand gallon tank. The poly tanks would be too tall for the basement and they are not really made the thousand gallon ploy tanks the kind that he has got are not made around here, they are from Florida from what I know and are much larger so this fits in the basement at approximately the same location as the old tank did. I do not think we could get a bigger tank in there the head room is about five feet if I remember right. It is a very small crawl space. Mr. Bunting-It is solid bedrock, it is solid rock underneath, the house is built right on a rock there is no concrete there. Director Hatin-Just for the record too, this is a seasonal dwelling, this is a seasonal residence it is not a year round residence. Councilman Strough-Does your property actually go under the road and unto the other side? Mr. Bunting-My property, yea, I own on the other side too. Councilman Boor-Yes, he even has water on a part of it. Mr. Bunting-The road separates it, you know. 329 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Strough-That is right next to that boat launch and wetland. Mr. Bunting-But I guess if you put any kind of septic in you have to be seventy five feet from any water from what I heard. Councilman Boor-And you have got to be a thousand feet away if you do not have three feet to bed..if you have less than three feet of native soil you have to be a thousand feet way from the lake, so. Councilman Strough-So, literally you are caught between a rock and a hard place. Mr. Bunting-You said it. If I had the right, enough room there I would go, I would be willing to go the right way you know, but I am stuck, that was it, I cannot do not anything any different it is hard too, it is really hard rock. I tried to get rid of a piece right down on the road and I had a guy with a hydraulic hammer work two days on it on a track machine to bust and he still couldn’t get it all out of there that is how hard that rock is. There is no way you can blast it or get rid of it or anything. I have to take the side of the house out to get this in, Dave saw what I had to do. I wish I could put a regular system in that would be a lot easier. Councilman Brewer-It is what it is there is not an awful lot you can do with it except do what he is doing. Mr. Bunting-I would really like to get a thousand in there but I couldn’t, like Dave said I could not get it in there, they are too big. Supervisor Stec-Mr. Bunting and Dave if you would step aside I will ask the public hearing is open if there is anyone in the audience that would like to address the Board on this public hearing regarding this sewage variance located at 2021 Bay Road across from Dunhams Bay? Anyone in the audience at all? Yes, Sir. Again we just ask you to state your name for the record, please. Mr. Edward Carr-My name is Edward Carr I am the adjoining neighbor and yes, I would like to be able to make provisions so that Mr. Bunting could put in a regular system in however, I have been dealing with the Town of Queensbury to try to obtain a lot, the rights of which I purchased in 1979 and I have been unsuccessful as of yet. So, I really cannot sell off any property so he would be able to do that. As the adjoining property owner and since I have retained an Attorney to try to get the lot there that I figure I own my only concern, I realize Mr. Bunting he is limited as far as what he can do and I am in no way saying that he should not have a holding tank, I agree he needs one. I would like the Town to verify the measurements to the well and measurements to the property line. Apparently he has put in the typical alarm system. I have checked around eleven o’clock this morning and the information that was in the file did not say what was 330 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 happening or what would happen or if it had happened already. The contract I feel with such a small tank the Town should make periodic checks on plumbage. I am not saying that he would not have it pumped out but it would seem that one would see a truck there more frequently than, I have not seen one in thirty years so, I am not saying that he doesn’t have it pumped out. The other thing I wonder if it would be possible to have the New York State Department of Health sign off on it. My concern is I do not want any encumbrances since I am very close property owner. I think my last concern is that I do not think Mr. Bunting was aware that he needed the permit but it seems that some people are just going ahead a doing things. There is adjoining property that was quote un quote subdivided and that has not been resolved, there is a new owner there, new owners granted building permits on the house and yet the Town is still going through trying to straighten out this subdivision. Supervisor Stec-No, actually I am not sure it is the Town, you and I have had a conversation about this before, but. Mr. Carr-I believe Mr. Brown sent a letter out probably the beginning of September. Supervisor Stec-Oh, did he? I do not recall seeing a copy. Mr. Carr-This is still being batted back and forth and here the sale has taken place property has exchanged hands and there is no approval. I have always had to get approval before I did things. That is all I have to say. Thank you. Supervisor Stec-Would anyone else like to speak on this particular variance proposal? Anyone at all? All right, Mr. Bunting and Mr. Hatin if you would not mind coming back up here and see if there are any other questions or comments from the …Dave how did this come to your attention, I am just curious? Director Hatin-A complaint filed with my office. Supervisor Stec-A complaint was filed. Any questions from Town Board Members? Councilman Strough-Yes. Now, is there any chance if this is for seasonal use only that if he leaves material in the tank it might freeze and burst during the winter? Director Hatin-He would have to explain that one. Mr. Bunting-I do not leave it, I leave it dry in the wintertime. Councilman Strough-So, you empty it prior to 331 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Mr. Bunting-I am closing tomorrow and I have Queensbury coming tomorrow, tomorrow morning he cleans it out, I am gone, I close the doors and I am home. I am going home, there is nothing in there, it is perfectly empty. I am only here a couple of weeks at a time. Councilman Strough-I understand your predicament but I am also trying to think of all aspects of things that can go wrong and if I don’t. Mr. Bunting-I can understand, I would even steal one didn’t need....it could freeze it could burst, it has always been pumped out. Councilman Strough-Dave are you comfortable with that, I wonder if Mr. Bunting sells the place and somebody else buys it and they leave it with liquid in it and it does burst during the winter because ice expands. Councilman Brewer-But then the owner has got the Councilman Strough-A mess in the cellar. Councilman Brewer-Absolutely. I think that is an issue that we cannot police every house in this town, John, if we give somebody a variance to Mr. Bunting-You would be busy. Councilman Brewer-Oh yea, absolutely, I think we are busy enough now. Mr. Bunting-You have got to realize that Councilman Brewer-I think we have to take a little bit, have a little bit of faith in the people that live in this Town that are going take care of their own homes. I do not want to infringe on somebody that says I want to go check his home every three months, personally. Councilman Strough-I know that has always been an issue even on the Planning Board we ran across unique situations like this and supervision of it was a problem. You cannot be everywhere. I do not even know if we could condition this on the fact that we are approving this but the residence must be maintained as seasonal use only. I could not image somebody staying in this year round. I just do not know, then again is it a condition that is enforceable? Director Hatin-Well, you can certainly condition it, Mark might be able to speak better to that than I can, but, it is only enforceable as the information we have to enforce. We don’t know if somebody decides to live here year round other than seeing somebody there. Councilman Strough-Did you Dave, did you verify the measurements? 332 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Director Hatin-Yes. That is a survey that you have in front of you. Councilman Strough-I do not know, to address Mr. Carr’s concerns, if we are going to get or even need a sign off by the Department of Health in this case. Director Hatin-I do not believe so, that has never been done before for any holding tank system. Councilman Strough-It has got a tank it has got an alarm it is certainly insufficient for a household need but he has got a unique situation. Director Hatin-It is the best you are going to get out of the situation with the exception of spending a lot of money. Supervisor Stec-It is an improvement to what is there now, Dave. Director Hatin-Right, and the poly tank obviously won’t rust like a steel tank would so that is a benefit right there alone. I think this also falls under one of the exception in the Department of Health for holding tanks because it is seasonal. Councilman Boor-Well, in a unique and really kind of a perverse way this is one of the best situations you can have because nobody is going to want a ruptured tank in their own house. Now, if it’s out in the back yard or somewhere else they can kind of turn a blind eye to it because it is not in their house so I cannot imagine although there is probably an exception out there somewhere of anybody not being really on top of taking care of this thing. You do have a unique situation and I do not really see an alternative at this point in time that would be a better solution. It is not ideal, but like I say, I cannot imagine you letting this thing run wild in your house so to speak. I think as long as the alarms are in place and they are verified in inspection and it is properly vented I cannot see a problem here. Councilman Brewer-One more question Dave, is that something that is inspected routinely, alarms? Or is that strictly Director Hatin-After they are installed or during? Councilman Brewer-yes. Director Hatin-No. After we issue a certificate of compliance we never go back, no, there is no mechanism for us to go back. Councilman Brewer-I agree with Roger I cannot image anybody living in a home would want that situation and I do not think that Mr. Bunting wants it either. Supervisor Stec-Any other questions? 333 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 th Councilman Strough-Just a house cleaning, the date is September 27 th not October 27. I do not know if that makes a difference. Supervisor Stec-Yes, it is correct. Anything else, any other public comment? I will close the public hearing any further discussions from the Town Board, any questions? I will entertain a motion. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR HERBERT BUNTING RESOLUTION NO.: 24, 2004 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Herbert Bunting has filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace the existing 500 gallon holding tank system by installing a new 500 gallon holding tank in lieu of the required 3,500 gallon holding tank in the same location, and WHEREAS, Mr. Bunting has applied to the Local Board of Health for an additional variance from Chapter 136 to allow placement of the holding tank 25’ from the well in lieu of the required 50’setback on property located at 2021 Bay Road across from Dunham’s Bay in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on September 27, 2004, 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, it is felt 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 334 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 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 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Herbert Bunting for variances from the Sewage Disposal Ordinance to replace the existing 500 gallon holding tank by installing a new 500 gallon holding tank and allow placement of the holding tank 25’ from the well in lieu of the required 50’ setback on property located at 2021 Bay Road across from Dunham’s Bay in the Town of Queensbury, bearing Tax Map No.: 252-1-64. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner 1.2 PUBLIC HEARING - SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND JUDITH SHAFER NOTICE SHOWN Supervisor Stec-I see that Mr. Center is here and I believe that he is the applicants agent. With that if you would just introduce yourself your name and address for the record and go ahead and tell us a little bit about your project, please. Mr. John Shafer-John Shafer at 21 Hanneford Road the owner of the property. Mr. Tom Center-Mr. Tom Center, Nace Engineering, acting as agent for Mr. Shafer. Supervisor Stec-Ok. Just briefly synopsis of the project and the relief you are seeking, setback relief for your system here, correct? Engineer Center-Yes. Mr. Shafer has an existing, had an existing failed system which we had Mr. Hatin up to look at the property. At the time 335 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 it was last fall that he discovered that we had a problem and we were trying to brain storm as to a solution to replace the system. As you will know, if you have been up near the site Mr. Shafer at the top of Hanneford Road is on top of a bed rock ledge there is a cliff in the front, fronting Route 9L. What they did at a time the best we could do up on top was to get a five hundred gallon poly tank into the ground. We were hampered at getting anything larger than that due to the bed rock in that location and the proximity to the cliffs edge and the house getting equipment back there to do what we needed to do. So, what we came up with, with Mr. Hatin and with Mr. Sweet and with Mr. Shafer and Mr. Nace we looked at the area below at the bottom of the cliff to investigate whether or not we had good soil and set backs and things of those natures. So, we came up with putting a thousand gallon tank at the bottom and twenty eight feet of elgen. It is a two bedroom camp, Mr. Shafer resides there with his wife as a camp currently. The things that I added to this drawing that were left off the initial submission I added the hundred foot set back. The lake is beyond a hundred feet, we could not show it on this drawing due to the distance that it is away, either side of the road, either going toward Pilot Knob or directly across the street. We are well within more than a hundred feet from the edge of the lake which was out and measured and that is why I added that note. The section of pipe if you looked at the other clouded area right in the middle it might have been difficult to determine that, that was an above ground piping running down the face of the cliff coming out the wall, the ground at the top and then we are going to run above ground. That is why you see the note on the detail that said the pipe must be wrapped with insulation and heat taped down. Currently he has had a few problems with the line coming out into the septic tank freezing and we have added heat tape with insulation to that to solve that problem. But, because of the bed rock and the elevation we cannot get it down to get enough cover we feel that between adding the pipe and the heat tape and the insulation should solve this problem from getting any freezing. Needing the five hundred gallon tank up top for primary settlement bring it down to the bottom, that is about all I have as far as this project. Mr. Shafer-We bought the property in 1979 and it consisted of a three hundred gallon metal tank in the ground with two laterals up on top of the cliff, about where that number 114 is on the map. So, that is where the existing, where the previous Councilman Boor-When you say 114, help me out here because Mr. Shafer-Right at the corner of the screened porch see the screen porch and there is a 114 number there, that is about where the two lateral leach field has been since we bought the property in 1979 and it has worked fine. We have it pumped every year the reason we took it out last fall is that of course the metal tank was totally rusted and failed. First the cover went and then the rest of the tank totally rusted. So, we put in a five hundred gallon plastic tank to use as a holding tank which is what we have there now and have worked with our 336 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 engineers and my company and with Tom and with Tom Nace was up and Dave was up as well, brain storming a number of different alternative solutions and this is the only one we could come up with given the separation distances to wells and lake given the code for the volume of the tank required and the length of the leach field required. Tom has done a perk test down below and the soil is emendable to having an eljen system down there. Some of you may recall that at one time below the cliff there was a very, very deep highway ditch there it was probably seven or eight feet deep, in the early 80’s we actually dredged out around the dock by the lake put that material in there and DOT removed the guide rail. So, what is there now that I mow is material that was installed there some time ago within the last twenty years. Our intent is to put the system on our property inboard from where you see that grass, where the guide rail used to be along 9L and the Pilot Knob intersection. The intent is to move, some of you may have seen there is forty eight steps going down the cliff, I count them every time I go up and the intent is to move the steps, move the shed and put the system in and try to do it right. Councilman Boor-Is it seasonal or do you use it year round? Mr. Shafer-Currently we are using it seasonal, my wife and I come up on weekends. Supervisor Stec-All right, thank you. Dave Hatin would you mind coming up and you have got to share your perspective on this with the Board please. Director Hatin-I think Mr. Center and Mr. Shafer have pretty much summed it up, there isn’t many alternatives, the ledge offers some obstacles that are unique to this property. This really is the only logical spot for it on the property. The top of the ledge itself is pretty much ledger there is very little usable soil there, it kinds of lends itself to putting it down this area where they filled about ten years ago. Supervisor Stec-And the current system has failed. Director Hatin-The current system is not there it was removed last year when it failed and they installed a temporary five hundred gallon holding tank. Supervisor Stec-But in your opinion the proposed system is one, an improvement over what used to be there and two; the best that can reasonably be achieved. Director Hatin-I believe so, yes. Supervisor Stec-I will open the public hearing and I will ask if Board Members have any questions for Dave or for the applicant at this point. Councilman Strough-Well, you are going to do both? 337 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Supervisor Stec-The public hearing is open and first I will ask Board Members if they want to ask Dave or the applicant or both any questions, do you have a question? Councilman Strough-Yea, now Dave the drain line for the septic system is going to be less than three feet under the surface. Director Hatin-Yes. Councilman Strough-And likely to freeze during the winter so that is why we have the heat tape. Director Hatin-Correct. Councilman Strough-Now what happens if the power goes out? Director Hatin-That is probably one that I did not think about, I do not know if they have an answer for you. Engineer Center-If the power goes out they will not be able to use the, they are on a well so they won’t be able to use the well either. It is gravity, so that pipe will be, it is a gravity system the pipe that is above ground will be dry unless there is a leaking pipe which was part of the problem with the initial freezing was they found that they had a leaking toilet, they fixed that and as the water was slowly leaking in it froze and backed up and that is what caused the freeze the first time. They have sense fixed that leak so if the power is out the well doesn’t work they are not using the water there is no water going into the pipe to the septic system. Councilman Boor-That is why I asked if it was seasonable also because it, as soon as I saw the heat tape I said, ok, I got this now. It is an issue, just because you cannot use water doesn’t necessarily mean you are not going to flush a toilet that already has water in it, or other devices. It is a little bit of a concern. Mr. Shafer-Mr. Boor, I misunderstood your question. It is not seasonal it is part time, my wife and I use it weekends even during the wintertime. Councilman Boor-So, it is used in the winter. Mr. Shafer-Yes. As an example I have a heat tape on the well line which is also very shallow and the heat tape failed at one point and the line froze. When I replaced the heat tape it actually thawed the line. Councilman Boor-You are lucky. 338 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Mr. Shafer-Well, the point is the heat tape gives off a lot of heat so even if the septic line were to freeze once you got reinstated the electricity I believe it would unthaw it, it would thaw it out. Councilman Boor-I am just not sure of the characteristics of PVC vs copper. Councilman Strough-And heat tape have a certain life span to them I have been in houses where we have had to use them and had to replace them every five, six, seven years. Mr. Shafer-Well, that is right and I have replaced the one on the water line and so I would insist that this be done in a way that it could be replaced in time. Councilman Strough-How do you propose to do that? You are going to have to dig it up? Mr. Shafer-It could be in another pipe along side for example, you may have to help me here Tom Mr. Engineer. It could be in another plastic pipe along side giving off heat to the existing one. We certainly would want a double walled pipe and have it insulated as well. So, as long as there is a heat source which… Councilman Strough-To see those diagrams and I would like to have our engineers review that plan and if that is ok with them then it is ok with me. Mr. Shafer-It is truly one of a kind I have not seen a system like this before and we would be glad. Councilman Strough-And we could probably work with this but you have got a situation that is tenable I mean, heat tape, you know on your sewer line is less than ideal situation. It is something that appears that you could do something about it you could design a system where the heat tape could be easily pulled out of the tubes, replaced etc. and I would like to see that design. Supervisor Stec-Any other questions for the applicants or Dave Hatin from the Board? Director Hatin-I have one for you. John do you want this referred to our Town Engineer I assume. Councilman Strough-Yea, I requested that the last meeting and Marilyn e-mailed me and asked me what I was concerned about and I e-mailed her back but there was not enough time to get to CT Male and get a review on this. But, you know this would give him an opportunity if we table this, I am speaking as one member, if we table this given them an opportunity and give Tom an opportunity to design a heat tape system that we might feel more comfortable with. 339 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Director Hatin-I just, this may get off track a little bit, but there is no money set aside for these types of reviews right now, that is one of the issues that we have I just want the Board to be aware we, I was told today that we have no monies for these types of issue and we are running low. You may have to appropriate some money to do this. Councilman Brewer-I would suggest John as a suggestion, none of us are engineers, except one of us he is not a civil engineer, if we have an engineer look at this that they sign off with their engineer I do not see a need for us to see it back. Supervisor Stec-I would almost say we could make it contingent upon approval from CT Male. Councilman Boor-We are the Board of Health. Councilman Brewer-Understood. Councilman Boor-But we are the Board of Health. Councilman Brewer-Yea, I know that. Councilman Boor-Ok, so I think it is incumbent that we know what we are signing off on. Councilman Brewer-Signing off on a engineers Councilman Boor-I would like to have an engineer say yes this is a great system this is going to keep this from freezing and here is why and then I will sign off on it. Councilman Brewer-What I am trying to say Roger, is I do not think there is a need for the applicant to come back here and present this all over again. That is just my opinion and we are all only one vote. Supervisor Stec-So, you are suggesting what exactly then. Councilman Brewer-An approval contingent upon an engineers sign off. Are we going to dispute an engineer? I do not think any of us are qualified. Councilman Boor-I do not think anybody suggested we would Tim. Councilman Brewer-Well, pretty much that is what you are saying. You are saying have an engineer look at it, come back to us and if I approve of it, ok. Supervisor Stec-Let me interrupt here for a second. Mark, I have been on the Board now for almost five years and I have seen us grant approvals contingency upon a sign off from an engineer about a minor 340 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 change to a plan. Do you as our Counsel have any legal issue with that practice? Town Counsel Schachner-No, if you wish to do that I think it is perfectly appropriate, not that you have to, that is up to you. There is nothing wrong with it from a legal standpoint. Supervisor Stec-Why don’t we continue on with the public hearing, if there are any members of the public that would like to speak on behalf of this application or this variance I should say just please identify yourself and I will call on you, if there is anyone at all? Again, this is on Hanneford Road up off 9L. Anyone at all? Ok. If you would like to come back I do not see anybody. Any other questions from the Town Board? I think if I could summarize for the Town Board I certainly understand exactly what John and Roger are saying that they would feel better if there were a firm plan in place for the heat tape and I am not sure if there are any other engineering issues or concerns that the Board has but if that is the only one I think Councilman Brewer’s suggestion is entirely reasonable to say that we could make an approval contingent upon some sort of engineering review of a modification of the heat tape plan to make sure that it could be easily changed in the future. But, may be there are other engineering issues or other issues around the heat tape that have not been presented yet. Any other questions from Town Board Members of the applicant? Councilman Boor-I would just suggest that the way Mr. Strough was proposing this doesn’t necessarily require that you come back. We may just call you up and say hey you know what engineer said this is great there isn’t a problem. But, I would like at least have you have the opportunity to come back rather than we just say no and you don’t get to come back. Mr. Shafer-Councilman Boor, I did not understand that. Councilman Boor-Well the way you are talking about contingent, you get one crack at it unless I am missing something here and I would like to have you guys be available if we, if you have a discrepancy with what our engineer says that you get to come before this Board and say hey, I got a problem with this and this is why. If you want to do it another way, that is fine. Supervisor Stec-If you want we could table this until you come back at a future date or we could do the other way, there are advantages and disadvantages to each approach to the applicant so I would be curious what, what your concerns would be. Councilman Brewer-I would say Dan, the approval is contingent upon an agreed plan reached between our engineer and the applicants engineer. If they come up with an agreed plan that will work then I am happy with that is what I intended to say. 341 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Supervisor Stec-And I am too, I want to make sure that. Councilman Brewer-That does not necessarily mean that he gets on, crack at it, if he comes up with a plan and it doesn’t necessarily work according to our engineer then he goes back to the drawing board until he comes up with that plan you do not have an approval. It is simply it is just that simple. Supervisor Stec-That is what we have done in the past. Councilman Brewer-When he comes up with a plan that works then he is fine. Engineer Center-I believe that we did this once before, I do not remember which project exactly but I believe we had a contingent on reviewing one of the issues with the Town Engineer, I am in touch with Jim Heuston, at CT Male faxed him over all the documentation we discussed it and we went from there. I do not think that there is going to be loggerheads there to meet, to come up with an idea between the two of us and Mr. Shafer to find a solution to this problem. Councilman Boor-I do not see huge issues here either, I think also it would be nice to have Ted hear your application he will be back I guess as proposed by Councilman Brewer he will not have a say in it, so. Councilman Brewer-That is not fair, Roger. Because one of us is not here does that mean we hold up every application? Councilman Boor-No, we are not holding up the application, we are going to have an engineer look at this aren’t we? Councilman Brewer-Absolutely. Councilman Boor-Ok. That is all I am saying. Councilman Strough-Mr. Shafer, is there any compelling reason why this has to be done this month and we could not give you the approval next month? Mr. Shafer-Only that we are operating on a holding tank and it cost a hundred and fifty dollars every time we pump it out. Councilman Strough-But you are only there on a weekends. Mr. Shafer-That is correct, but I can tell you that there is nobody in this room that wants a heat tape to work more than I do. We love being up here in the wintertime. 342 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Boor-We do too. I hope that you are not mis-reading anything negative here we just have to have an assurance that it is going to work. Mr. Shafer-I know the CT Male people and we would be glad to work with them on designing a unique one of a kind system here that is workable and you would feel comfortable with. Councilman Strough-I think the safest approach to take here is to have CT Male review this and if everything is honkie dorie it should be an open and shut case next month and bamb, go ahead and do it. Engineer Center-Are you having us come back to the meeting or are we approving this contingent on Supervisor Stec-We are still talking about that. Councilman Strough-Well, I would like to see what CT Male has to say about. Councilman Brewer-Well you can still see it John, but we are holding up an applicant for a month. Supervisor Stec-If I can interrupt, I have been on this board for five years ok, and I have seen up grant things contingent upon an engineering sign off we have done it many, many times before. I believe in good customer service, I believe in keeping our agenda moving so we do not get bogged down and stack up applications on application over heat tape. If this was a substantive engineering issue I would say absolutely hold off but it is heat tape. Councilman Strough-Well, I think that is pretty substantive, you know, I guess that is a judgment call. Supervisor Stec-It is not complicated it is a resister that is all it is, is a resister and a hundred and twenty volts. Councilman Boor-When the power is on it is a resister. Supervisor Stec-I tend to agree with Tim, that we could grant this contingent. Councilman Boor-All right and I can go that way too, Dan the only request I would have is that this Board gets the information before the applicant does. Supervisor Stec-I think we should. Councilman Boor-Well, I always think we should because we don’t normally and we don’t often. 343 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Supervisor Stec-I think we should. Councilman Boor-I think we should too. Supervisor Stec-I think it is our information from our engineer, absolutely. Councilman Boor-As long as we get it Engineer Center-We will be working with him to come up with a solution, back and forth and more than likely coming up with something acceptable. What you are saying is. Councilman Boor-What I am trying to get at, it is a Board of Health decision and I want to know what the engineer says before he says yes to you because we are the ones that grant the permission. Mr. Shafer-For example I would be comfortable with a contingency about my owning a generator. I have no problem with owning a generator as a back up. I have one as a matter of fact. Councilman Boor-And they may say that, but that is a perfect example of why we should see what they say. Supervisor Stec-Marilyn, assuming that we head in the direction that I see us heading in with this application could you just note that copy the board on a memo when and the information from CT Male when the CT Male signs off and says this is the final plan and CT Male is comfortable with this and this application has now met its condition just so the Board has comfort that, that has happened as soon as we get the information from CT Male. Executive Director Marilyn Ryba-Actually we should be getting all of the information that goes to an engineer so that we have something for the record that is one thing and certainly a letter is another. I think the other aspect that was brought up is if I know it is budget time and if the Town Board wants to continue this we need to have a line item for payment because we do not have that. Supervisor Stec-I wasn’t sure that I wanted to discuss that tonight, but my personal opinion this is the kind of situation where this is something that we could bill to the applicant not to the Town Board, we may need a pass through. Executive Director Ryba-We do not have that provision in our code or in our application. Councilman Boor-We have talked about it we just haven’t done anything with it. But it is something that we have discussed. 344 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Supervisor Stec-We need to do that for the time being, but going forward we need if that is a change that has to be made, because you are right because it is specific to the Board of Health then we should do that. I see Town Counsel is jotting something down I assume we will be working toward that. Councilman Boor-Is it up to a thousand dollars or something, Mark? Councilman Brewer-Is there no money in engineering? Supervisor Stec-It is not under the Board of Health it is not available. Councilman Brewer-There is no money in the Community Development Engineering Account? Executive Director Ryba-Actually, it is a negative balance right now for non-reimbursable. Councilman Brewer-So we are going to have to adjust that anyway so if it is another five hundred bucks or whatever it is. Executive Director Ryba-We would take it out of, there is a Board of Health Account but that is minimal right now because you have some other items. Councilman Brewer-The money lady can tell us. Supervisor Stec-No, she is going to join us in case we…all right do you have a, go ahead, Jennifer Budget Officer Jennifer Switzer-If this is a Board of Health issue it should be charged to the Board of Health and not to Engineering in Community Development. There is only seven hundred and fifty dollars in a miscellaneous contractual which you have already used five hundred and eighty dollars to date so you do need to make a provision to appropriate money into the Board of Health, miscellaneous contractual for any future.. Supervisor Stec-We can do that at our next meeting. Budget Officer Switzer-At your next meeting. Supervisor Stec-And going forward assuming we set this up where it is a charge back and it is just a pass through I think that for the Board of Health that is a preferred option going forward. The applicant not the taxpayer should pay for our engineering reviews. Councilman Boor-We will keep that at a minimum, we are not looking to go crazy with this thing. 345 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Supervisor Stec-Any other comments or questions from the Town Board or from the public, the Public Hearing is still open. Yes, Sir. Mr. Shafer-Does that mean I am going to pay for the CT Male review of this application? Supervisor Stec-That is correct, well, going forward you would this, Jennifer, Marilyn…no Councilman Brewer-Not right now we can’t we do not have a provision for that right now. Supervisor Stec-We are going to pay for this one. Councilman Boor-I would not say anything until Councilman Brewer-We will, the Town…it is fair, it is a fair question. Supervisor Stec-Do you understand the question? Budget Officer Switzer-You are asking who is paying for this and that is completely up to the Town Board, that is not my decision, that is your decision and I would seek Town Counsels advice on this one. Supervisor Stec-We know what our intent is and it is not currently in the Code and we need to change that going forward what can we do between now and then? Town Counsel Schachner-It is not going to happen as it affects this applicant I do not believe so the answer to the applicants question is the Town is going to foot this bill as I understand it. Councilman Brewer-Yea, the Town will pay this bill. Supervisor Stec-Any other questions from the Town Board or comments or anything from the applicant? All right I will close the public hearing. Any other discussion. 8:07 p.m. closed. Councilman Boor-Who is going to direct CT Male to do this? Councilman Brewer-I presume that we will have to… Supervisor Stec-It will be part of this resolution but it would be Councilman Brewer-No, Dan the Board of Health will have to have him do that? Supervisor Stec-Are you going to make the phone call? I think his question is who is going to make the phone call. 346 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Brewer-The guy that makes the big bucks here in the center. Supervisor Stec-I don’t make those phone calls. Councilman Boor-I just want to make sure that the applicant is … Supervisor Stec-…you guys need to spend a little bit more time up at Town Hall. I do not make those calls, that call will come from Marilyn’s Office, someone in her office. I am still waiting for a motion. Councilman Brewer- I will introduce a motion Councilman Strough-Are we going to introduce the motion to approve Councilman Brewer-Contingent upon CT Male Councilman Strough-Contingent upon CT Male ..approval of the Engineer Center-detail, the above ground four inch pvc sanitary… Supervisor Stec-I was going to let Tim try that because he is so smart. Councilman Boor-Sometimes being specific can be bad because it results in something other than heat tape you are in trouble. Supervisor Stec-I assume you are going to make it contingent upon a detail Councilman Brewer-a detail plan between the applicants engineer and CT Male, final approval to this Board prior Supervisor Stec-Regarding the heat tape Councilman Brewer-Regarding the heat tape or whatever system or protection becomes available for this project. Supervisor Stec-That is a good motion. Very good Job Tim. Councilman Brewer-Thank you. Dan Supervisor Stec-Do I have a second Councilman Strough-Second Supervisor Stec-Seconded by Councilman Strough, any further discussions from the Town Board? Vote taken RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL 347 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 VARIANCES FOR JOHN AND JUDITH SHAFER RESOLUTION NO.: 25 , 2004 BOH INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, John and Judith Shafer have filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to place their replacement septic system 75’ from their neighbor’s well instead of the required 100’setback and 3’ from their property line instead of the required 10’ setback on property located at 21 Hannaford Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on September 27, 2004, 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 3. due to the nature of the variances, it is felt 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 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and 5. the Local Board of Health finds that the approval of this application is contingent upon an agreed detailed plan reached between our Engineer C.T. Male Associates PC and the Applicants Engineer regarding the freeze protection and said plan be presented to the Board of Health before the applicant; BE IT FURTHER, 348 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLVED, that the Local Board of Health hereby approves the application of John and Judith Shafer for variances from the Sewage Disposal Ordinance to place their replacement septic system 75’ from their neighbor’s well instead of the required 100’setback and 3’ from their property line instead of the required 10’ setback on property located at 21 Hannaford Road in the Town of Queensbury, bearing Tax Map No.: 240.6-1- 18. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION SETTING PUBLIC HEARING 1.3 Supervisor Stec-Requested review by applicants engineer Engineer Mr. Center-Nace Engineering – After our last meeting I sat down with Mr. Nace, Mr. Seaboyer to discuss the questions that the Board had and knowing that you were looking for us to go to holding tanks or you were not comfortable with some of the separation distances from the Lake the storm water coming off the road and the length of eljen. We looked at it again and instead of just jumping to holding tanks we tried to come up again with something unique to answer the questions that you had at the last meeting. What we were able to come up with is we looked at installing a curb along the edge of the road which would direct the storm water in its normal drainage path and take it away from the grass area onto the driveway and into a stoned trench at the end of the driveway to infiltrate that directly into the ground, directing it away from the new septic system. I spoke with the Highway Superintendent Rick Missita and we discussed some issues that he had with the curb and we worked those out so that he was acceptable to what we were doing with the condition that any damage to the curb from plows was the owner’s responsibility. I discussed that with Mr. Seaboyer we will talk about that at the next meeting I am sure when Mr. Seaboyer is here, he understands that the curb is his responsibility to maintain. We have sloped either end of the curb down to grade so if the plow is to come up it will rid along the curb and will not damage the plow in that manner. I had asked Mr. Missita for a letter in regards to our conversation which he said he would provide by the next meeting. But he did have some concerns 349 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 and I think we have addressed those concerns. As far as we have been able to add additional, in doing this we took out the concrete steps which allowed us to lengthen the amount of Eljen and we are actually providing a hundred and thirty eight percent, thirty eight percent more capacity of Eljen for this system. The third, we also dosing the system with a second pump up top at the septic tank and it will dose the Eljen at a even rate and allow that to settle which will be, you know it just doesn’t get that shot from gravity every time it get one shot it is allowed to settle and then it will come through again. So, those are some of the things that we have changed to address those issues. If there are any questions now I suppose we could take those down. Councilman Boor-I will just prepare you for what is going to come from this seat and that is going to be you haven’t addressed the snow which is what we were talking about. The plow is going to be pushing the snow up over this curb and on to your Eljen system. Engineer Center-That is a good thing, that snow will insulate it. That snow does not allow the ground to freeze. I was able to go out there dug down into the snow and I dug a perk test as easy as I could right now when the ground is not frozen. Councilman Boor-Let me ask you something it is not going to freeze, right? So what does that mean? That means it is going to melt and when it melts what does that mean? That means it enters the Eljen System and that means you are taking in more water than the system is designed for. Engineer Center-It is a small section of road that gets snow, other systems there is a system just up from us that is an approved system in that area that also receives snow. Councilman Boor-But not by this Board. Engineer Center-I think we, I cannot answer that, it could snow ten feet no matter where the snow comes from … Councilman Boor-It is coming from the road and they are going to plow it and Mr. Seaboyer is going to plow both of his driveways and it is all going onto the Eljen System. Engineer Center-Mr. Seaboyer can plow his driveway over and down along the left hand side of that driveway also. Councilman Boor-I have been on the property Tom you know, I have been on it a couple of times. Supervisor Stec-Any other questions for the agent? 350 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Strough-I see we have a new resolved and this is a good thing in our sewage disposal variance application resolutions and the new resolved is “Resolve the Town Board authorizes and directs the Towns Director of Building and Codes Enforcement to send this sewage disposal variance application to the Town Engineer for review and input prior to such public hearing” Now, I do not know if Dave is aware of that? Director Hatin-Yes, we were. Councilman Strough-Ok, and is that ok with you? Director Hatin-Yes it is fine, like I said the issue becomes charge back the money. Councilman Strough-The Department of Health …will pay for it right? Dave can we direct CT Male attention to this snow removal and snow mounding issue that might occur right over the Eljen System and see if that is a problem or if it is a problem would putting a permeable surface on top of the Eljen System resolve that problem, compound that problem or what? Director Hatin-I will try to relay that as best I can to the engineer. Supervisor Stec-Before we proceed, Mark, just a quick question about that Resolved which is new, and would it be appropriate at the off set to say at the applicants cost not the towns cost? Town Counsel Schachner-I think not, not until you amend Chapter 136. Supervisor Stec-I just thought I would ask. Any other questions…none… RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER RESOLUTION NO.: 26, 2004 BOH INTRODUCED BY: Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and 351 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 WHEREAS, Steve and Debby Seaboyer have applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field 90’ from Lake George instead of the required 100’ setback and 2.35’ from their property line instead of the required 10’ setback on property located at 83 Rockhurst Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a public hearing on October 18, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Steve and Debby Seaboyer sewage disposal variance application concerning property located at 83 Rockhurst Road, Queensbury (Tax Map No.: 227.13-2-36) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Director of Building and Codes Enforcement to send this Sewage Disposal Variance Application to the Town Engineer for review and input prior to such public hearing, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Seaboyer’s property as required by law. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Engineer Center-Offered anytime to contact me at Nace Engineering if you do have any questions before the meeting… RESOLUTION SETTING PUBLIC HEARING 1.4 Discussion held before vote: Councilman Strough-On the SEQRA form it calls it a six by eight seepage on the layout plan it calls it an 352 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 eight by eight seepage…get it cleaned up before next month..Councilman Boor-I think they want to rebuild the stone work in it John. Councilman Strough-CT Male is going to review this as well. Councilman Brewer-I do not think they need to review all these unless there is a major issue with it, I think we are wasting a lot of money and time. We should be able to make some decision on our own. Councilman Strough-This one should be reviewed you got several wells that might be put in jeopardy, are they cased or not cased that makes a difference, are they down hill that makes a difference. Director Hatin-Just a quick note Supervisor Stec sent me an e-mail today regarding the one hundred and fifty and hundred foot separations this is an existing seepage pit on a somewhat constrained lot and what they are asking to do is restone the existing dry well that has been there since 1980 something and maintained in its present location, just re-stone it so they can re use it. We have verified that the pit is in good shape, the stone is plugged and needs to be re-stoned. There really was no other alternative without moving it, anywhere we move it, it became closer to another well. So, we felt it was better to just leave it alone and re-stone it at the existing location and hopefully get another ten to twenty years out of it. Supervisor Stec-My question had been one hundred and fifty vs a hundred and that is because? Director Hatin-Dry wells by DOH regulations require a hundred and fifty foot separation, leach fields require a hundred feet. Councilman Boor-This is a very tight bunch of units though. Supervisor Stec-What would be the alternative then? Councilman Boor-There isn’t. Supervisor Stec-I understand it is as far from the four wells as you can cumulatively get it but is there another, besides that what would you do, get away from the dry well and go to something else? Director Hatin-Right, you could go to an Eljen System here but you would be giving different variances, because the property would not allow room for the Eljen System. Probably still variances from well, regardless because of the property constraints. Supervisor Stec-In your opinion what is an engineer going to do for us? Director Hatin-Not to answer for the Board but I would just ask you to look at the application, you have a sign off from all the neighbors who are directly affected by this. If they are willing to approve this understanding that this situation has been there and it is going to continue to be there we are just basically allowing to re-stone an existing dry well. I do not know what the engineer will tell you. Obviously farther is better, less increases the risk and you can never tell what is going to happen underneath the soils. Councilman Boor –Given where this is and the number of units like you said there is no alternative, an Eljen System takes up more space which means you are going to closer to other wells. Supervisor Stec- Do we really want the engineer? Councilman Boor noted he could go without an engineer…Councilman Brewer agreed to amend resolution to not include the engineer…agreed upon by the Board… 353 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM AND MAUREEN BILLINGS RESOLUTION NO.: 27, 2004 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, William and Maureen Billings have applied to the Local Board of Health for variances from Chapter 136 to clean out and restone their existing seepage pit located: 1. 87’ from their own well in lieu of the required 150’ setback; 2. 130’ from a neighbor’s well in lieu of the required 150’ setback; 3. 120’ from a neighbor’s well in lieu of the required 150’ setback; and 4. 93’ from a neighbor’s well in lieu of the required 150’ setback; on property located at 3 Wagon Trail, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a public hearing on October 18, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William and Maureen Billings’ sewage disposal variance application concerning property located at 3 Wagon Trail, Queensbury (Tax Map No.: 290.5-1-14) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Billings’ property as required by law. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough 354 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 NOES : None ABSENT: Mr. Turner RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 28.2004 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health is hereby adjourned. th Duly adopted this 27 day of September, 2004 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner TOWN BOARD REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING – Concerning Proposed Increase in Maximum Amount to Be Expended For Route 9 Sewer District Supervisor Stec-The Deputy Director for Wastewater Mike Shaw, I will you explain this exactly, it is pretty complicated and yet pretty simple I know you are the most familiar with it and spend a lot of time on this so if you would update the Board and the public as to exactly what was going on with the Route 9 Sewer District project and specifically this order. Deputy Director of Wastewater Mike Shaw-I will sure give it a shot, Dan. What we are doing here is we are looking for authorization to increase the projects funds by six hundred and seventy seven thousand one ninety one. Originally the project and the map, plan and report was billed at a project of five million one hundred and seventy thousand. As this project moved along from the map, plan and report it really changed its space. Originally it was at the public hearing on the map, plan and report the project costs for construction was generally around three million seven hundred thousand and the project 355 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 had changed for a number of reasons. The first thing that probably happened to us was that during the planning stage and during the permitting stage we had State Office of Historical Preservation in here and had found an archeological site on one of our pump station sites. We spend significant dollars on mitigating that site and also it delayed that project by several months. The original project we were in here before the Board in the early Spring of 2003 by the time we got …ok it was Fall of 2003. Also during that period a number of business owners along the corridor had expressed concerns about us working during the summer months. We recognized their concerns and said we would not work during July and August. So, the project moved ahead and we went to bidding phase in September approximately September or October of 2003. At that time the jail project Warren County Jail project was started and they had concerns they wanted to make a direct connection to the new sanitary and they had concerns about spending an additional five hundred thousand dollars for a temporary septic system. So, we had to put them on our radar map as trying to get them served by September of 2004. So, originally this project had when it was bid it was thought it was going to be bid as one general project ok, because of the concerns of the jail and the time frame when we went to go to bid we segmented the project four separate contracts. I think when we did that we not only added time to the project but as you can imagine every time you hire a contractor, each contractor has its own bonding, …there is a lot of up front costs, I think that added cost to the project. We went to bid on the project and Fall of 2003 it was probably mid fall I think a lot of the contractors looked to that project as winter work, so that added significant dollars to the project also. So, we moved ahead with the project bidding went out I think some of the bidding dollars definitely came in higher than we expected. Also, during that time frame too, State Building Code had new building codes as the Board is aware we had to spend significant additional dollars to meet new earthquake standards through the State Building Code for infrastructure for water and sewer. So, that added additional dollars to the project and also additional engineering dollars so, the dollars we are looking at I did not give the Board a break down item by item for the simple reason, we track these expenses in our office and Jennifer tracks in her office. We have thirteen categories and there is a number of sub categories with that. As you go through these you can see some went up and some went down and it gets kind of very interesting trying to analyze it. Really the bottom line is the amounts that we are looking for increased in the project funds was basically based on the construction costs, additional engineering to do that and dollars we had to spend for our archeological studies. Now, the good side of that is while this was going on we were also looking at our financing for the project. The project was originally proposed at boring five million one hundred and seventy thousand, at six percent. A couple of interesting things happened during that period when we were trying to work and build that project one was we had received a grant from EDA, USDEA for nine hundred and ten thousand dollars thanks for a lot of hard work by Chris Round and his office. We also received a low interest loan from 356 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 New York State Clean Waters Act, EFC, commonly known as EFC will be sub-three percent so the bottom line between those numbers is that we are actually going to be borrowing something less than what we originally proposed in the map, plan and report. At this time probably a couple hundred thousand dollars less and it could be more than that. Our interest rates should be something less than half of what we originally projected. So, we are spending more money but, charge the tax payers probably one third less I would say at this time than what we originally proposed. Supervisor Stec-So the long and short of it is that our costs are greater but they are more than off set by the grant so the over all total final cost per user will still be less than originally projected. With that I will open the public hearing and if there are any questions from Town Board Members? Councilman Boor-Have we received the grant monies yet? Deputy Shaw-Our grant monies are reimbursed after we have had our expenditures. Once we have spent all our expenditures and clear title. Councilman Boor-We have used some in some phases, right of the grant money? Deputy Shaw-We have not received, we have not gotten the grant money back, we are eligible to receive the grant money we have to make sure we meet all the criteria first before we, the project has to be completed. Councilman Boor-Is it all going to come in the fourth part of this thing? I mean when does Budget Officer Switzer-One of the biggest things we were waiting for was the all the easements, we could not and before we could move forward with that I believe that we just recently received one of the final … Deputy Shaw-That is correct on the last phase of project 3B which the Board recently authorized the contract on that and we will start probably next week the upper end of 9 to 149. That project we had some time in getting the easements cleared and EDA will not, that is one of the requirements, they have to have clear title to that the whole project and we just received that probably within a month ago. Councilman Strough-So, I heard it I was going to say something, the six hundred and seventy seven one hundred and ninety one dollar figure is what I got too when I subtracted. So, the five hundred and forty three is wrong and Deputy Shaw-Correct, the original resolution for everybody’s information as John is doing as I was reviewing through here to and 357 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 somehow a typo a couple of whereas but there is one place in there that said five hundred and forty three thousand and actually I was going through here and I did the math like John and said this does not look right to me so it was corrected so your earlier resolution that you got was standed correctly. Supervisor Stec-The second to the last Whereas, on page 3. Councilman Strough-So the total Mike is going to be five million eight hundred and forty seven thousand one hundred and ninety one dollars. Deputy Shaw-Correct and that is if we spend everything and I have got a feeling we will be some where’s underneath that. Councilman Strough-That is giving you that much for an allowance and hopefully it comes in less. Deputy Shaw-Correct. Supervisor Stec-The public hearing is open if there are any members of the public that would like to come and comment or ask questions about what we are talking about with the Route 9 Sewer District Project, please just raise you hand and come on up. Not seeing any, any other questions from the Town Board Members? Councilman Strough-Just one more Mike, now when they mitigated that archeological site I know that initially because I was on the Planning Board at that time they had found some Native American artifacts, now what happened to those artifacts, because I have talked to Marilyn VanDyke the Town Historian about these kinds of things and I believe that they belong to the Town. Deputy Shaw-They belong to the Town I believe at one time the Great Escape offered to have them displayed in their new Hotel and I am not quite sure where that sits now to tell you the truth. The thought was it could be on display in the Hotel in the lobby. Councilman Strough-I do not want to speak for Marilyn but I do not think Marilyn would have a problem with that, just as long as the ownership was established. Now, did Marilyn get a copy of the archeological, was it Harkin that did the Study? Deputy Shaw-No it was not Harkin. Town Counsel Schachner-Edward Curtin. Deputy Shaw-Ed Curtin, was, correct. Councilman Strough-Do you have a copy of that archeological study? Deputy Shaw-Yes, I do. 358 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Strough-Did you get any extras? Did she get a copy? Sometimes she doesn’t on these. Deputy Shaw-…she got a copy. Councilman Strough-Ok. All right. Thank you. Supervisor Stec-Any other questions from the Town Board? Last call for public comment. All right I all close the public hearing and entertain a motion. ORDER APPROVING PROPOSED INCREASE IN MAXIMUM AMOUNT TO BE EXPENDED FOR ROUTE 9 SEWER DISTRICT RESOLUTION NO. 462, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by C. T. Male Associates, P.C., professional engineers, concerning the formation of the Route 9 Sewer District and the construction of sewer facilities along both sides of Route 9 from Weeks Road up to State Route 149, such area including The Great Escape Theme Park, its proposed hotel and conference center, as well as the Warren County Municipal Center, the Factory Outlet Stores and all other properties bordering Route 9, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report included (a) the boundaries of the proposed Sewer District, (b) a general plan of the proposed sewer system, (c) a report of the proposed method of operation, and (d) all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, and WHEREAS, the Town Board was duly designated lead agency for SEQRA review of the project and determined that the project would not have a significant adverse effect on the environment and a Negative Declaration was made, and 359 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk and made a part of the Map, Plan and Report, and WHEREAS, on September 10, 2001 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on October 1, 2001 and the Town Board considered the evidence given together with other information, and WHEREAS, Edward V. Curtin, Consulting Archaeologist, performed Phase 1 and Phase 2 Archaeological Surveys concerning the proposed Sewer District and has advised that as a result of the Phase 2 Survey, no significant archaeological or cultural resources would be affected by the construction of the proposed Sewer District, and , WHEREASon November 4, 2002, by Resolution No.: 443,2003, the Queensbury Town Board determined that (a) the notice of public hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed District would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed District and (d) the establishment of the Sewer District as therein described is in the public interest, and approved the establishment of the Sewer District as the boundaries are set forth in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7, and , WHEREAS the Town Clerk duly posted and published the notice required for Resolutions subject to permissive referendum and no such petition was filed within 30 360 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 days after the date of the Resolution, and the Town Clerk caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the estimated annual cost to the typical property is below the average estimated cost threshold computed and provided by the New York State Comptroller’s Office, so the approval of the State Comptroller’s Office was not required for establishment of the proposed Sewer District, and WHEREAS, on February 10, 2002 the Town adopted a Final Order creating the District, and WHEREAS, due to additional and unanticipated engineering and constructions costs, among other things, the cost of the proposed District improvements will be $677,191 more than originally estimated and there is a possibility of a relatively small additional increase, and WHEREAS, the Town has received a grant from the Economic Development Administration in the amount of $910,000 (the “Grant”) to pay a portion of the cost of the improvements, which grant was not anticipated at the time of formation of the District and calculation of the cost to the typical property and typical single family home, and WHEREAS, the Town Board wishes to increase the maximum amount authorized to be expended for the District improvements in accordance with Town Law Section 209- h, WHEREAS, the costs to the typical user still do not exceed the State Comptroller’s Office threshold for the average estimated cost of a sewer district to a typical user, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the State Comptroller’s Office as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed and filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed increase in the maximum amount to th be expended for the Sewer District improvements was duly held on September 27, 2004 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to increase the maximum amount to be expended for the Route 9 Sewer District in accordance with Town Law §209-h, 361 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Sewer District are thereby benefited; 3. All property and property owners benefited are included within the limits of the Sewer District; 4. It is in the public interest to authorize the increase of the maximum amount to be expended for Sewer District improvements; and BE IT FURTHER, RESOLVED, that the boundaries of the Sewer District are set forth on the attached Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the following actions: 1. The maximum amount to be expended for the Sewer District improvements is increased from $5,170,000 to $5,847,191. 2. The estimated annual cost of the District for debt service and operation and maintenance costs to a typical property will not change as established in Town Board Resolution No.: 113,2003. The estimated annual cost to the typical property is below the average estimated cost threshold computed and provided by the New York State Comptroller’s Office so approval of the State Comptroller’s Office is not required for this increase in the maximum amount authorized under Town Law §209-h. There would be no actual hook-up fees. The cost to retain a private contractor to install a new collection sewer system and/or sewer lateral between a building and the main Project sewer lines vary significantly depending on 362 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 the individual conditions including distance from the line and various subsurface conditions. Typical sewer lateral installation costs have been at least several thousand dollars; it is impossible to generalize the costs for collections sewer systems. 3. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which was filed with the Town Clerk and is available for public inspection. 4. The proposed method of financing the total cost of the Project includes the following: A. Economic Development Administration Grant in the amount of $910,000; and B. issuance of $4,937,191 Town of Queensbury E.F.C. Municipal Water Pollution Control Facility Note – 2003-A (Route 9 Sewer District Project, 2003). and BE IT FURTHER, RESOLVED, that such action listed above is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner 363 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 EXHIBIT A LEGAL DESCRIPTION - ROUTE 9 SEWER DISTRICT TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK All that certain tract, piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren, State of New York, lying along U.S. Route 9 generally Easterly of the Adirondack Northway and Northerly of Weeks Road and being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the Southerly boundary of the Town of Queensbury, County of Warren, Tax Map Section No. 71, Block No. 1, Parcel No. 2 with the Westerly boundary of said tax map parcel and runs thence from said point of beginning along the Westerly boundary of Tax Map Parcel No. 71-1-2, a distance of 920± feet to its intersection with the Southerly boundary of Weeks Road; thence in a Westerly direction along the Southerly street boundary 150± feet to its intersection with the Westerly boundary of Weeks Road; thence in a Northerly direction along the said Westerly street boundary 110± feet to its intersection with the Northerly boundary of Weeks Road; thence in a generally Easterly direction along the Northerly boundary of Weeks Road 1,420± feet to its intersection with the Westerly boundary of Tax Map Parcel No.: 70-1-8; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 880± feet to its intersection with the Southerly boundary of Tax Map Parcel No.: 73-1-13; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 1,040± feet to its intersection with the Westerly boundary of said Tax Map Parcel No. 73-1-13; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 690± feet to its intersection with the Southerly boundary of Tax Map Parcel No.: 73-1-11.3; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel No. 73-1-8.1, a distance of 520± feet to its intersection with the Easterly boundary of the Adirondack Northway (I-87); thence in a generally Northerly direction along the generally Easterly boundary of the Adirondack Northway (I-87), a distance of 9,290± feet to its intersection with the Southerly boundary of Gurney Lane; thence in a generally Easterly direction along the Southerly boundary of Gurney Lane and its Easterly projection crossing U.S. Route 9, a distance of 520± feet to a point on the Easterly boundary of U.S. Route 9; thence in a generally Northerly direction along the Easterly boundary of U.S. Route 9, a distance of 1,555± feet to its intersection with the Easterly projection of the Northerly boundary of the Adirondack Northway I-87 (Exit 20); thence in a generally Westerly direction along the said Easterly projection crossing U.S. Route 9 and along the said Northerly boundary of the Adirondack Northway I-87, a distance of 460± feet to its intersection with the Easterly boundary of said Adirondack Northway I-87; thence in a generally Northerly direction along the Easterly boundary of said highway 2,390± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 34-1-10; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 640± feet to its intersection with the Westerly boundary of U.S. Route 9; thence in a generally Southerly direction along the Westerly boundary of U.S. Route 9, a distance of 230± feet to its intersection with the Westerly projection of the Southerly boundary of Farm-to-Market Road (NYS Route 149); thence in a generally Easterly direction along said projection, crossing U.S. Route 9 and along the Southerly boundary of said Farm-to-Market Road (NYS Route 149), a distance of 290± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-35; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel, a distance of 310± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-34.2; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel and the Northerly boundary of Tax Map Parcel No. 36-1-34.3, a distance of 470± feet to its intersection with the Easterly boundary of said Tax Map Parcel No. 36-1-34.3; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-34.3, a distance of 280± feet to its intersection with the Southerly boundary of said map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 400± feet to its intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-33.2; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel 330± feet to a point; thence in a generally Easterly direction through Tax Map Parcel No. 36-1-27.1, a distance of 90± feet to a point, said point being the Northeasterly corner of Tax Map Parcel No. 36-1-31; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 36-1-31, a distance of 340± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 50± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-29; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 400± to its intersection with the Southerly boundary of said Tax Map Parcel No. 36-1-29; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel No. 36-1-28, a distance of 210± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-1-27; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 290± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-26; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 210± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 130± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 390± feet to its intersection with the Southeasterly boundary of Tax Map Parcel No. 36-1-25; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel, a distance of 230± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-1-24; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 480± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 2,230± feet to its intersection with 364 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 the Northerly boundary of Glen Lake Road; thence in a generally Westerly direction along the Northerly boundary of Glen Lake Road 880± feet to its intersection with the Northerly projection of the Easterly boundary of Tax Map Parcel No. 36-2-11; thence in a generally Southerly direction crossing Glen Lake Road along said projection and along the Easterly boundary of Tax Map Parcel No. 36-2-11, a distance of 880± feet to its intersection with the Westerly boundary of Tax Map Parcel No. 36-2-3.1; thence in a generally Northerly direction along the Easterly boundary of said tax map parcel 650± feet to its intersection with the Southerly boundary of Tax Map Parcel No. 36-2-13; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel 117± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Northerly direction along the Easterly boundary of said tax map parcel 150± feet to its intersection with the Southerly boundary of Glen Lake Road; thence in a generally Easterly direction along the Southerly boundary of said road 210± feet to its intersection with the Westerly boundary of Tax Map Parcel No. 36-2-15; thence in a generally Southerly direction along the Westerly boundary of said tax map parcel 150± to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel and the Southerly boundary of Tax Map Parcel Nos. 36-2-16 and 36-2-17, a distance of 320± to its intersection with the Easterly boundary of said Tax Map Parcel No. 36-2-17; thence in a generally Northerly direction along the Easterly boundary of said tax map parcel 150± feet to its intersection with the Southerly boundary of Glen Lake Road; thence in a generally Easterly and Northeasterly direction along the Southerly and Southeasterly boundary of Glen Lake Road 2,550± feet to its intersection with the Southwesterly boundary of Ash Drive; thence in a generally Southeasterly direction along the Southwesterly boundary of Ash Drive 1,550± feet to its intersection with the Westerly boundary of the Niagara Mohawk Power Corporation right-of-way; thence in a generally Southerly direction along the Westerly boundary of lands now or formerly of Niagara Mohawk Power Corporation 750± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 36-2-4.1; thence in a generally Westerly direction along the Northerly boundary of Tax Map Parcel No. 36-2-4.1, a distance of 900± feet to its intersection with the Westerly boundary of said tax map parcel; thence in a generally Southerly direction along the Westerly boundary of Tax Map Parcel No. 36-2-4.1, a distance of 1,120± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Easterly direction along the Southerly boundary of said tax map parcel 940± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 36-2-3.1; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 1,300± feet to its intersection with the Northerly boundary of Round Pond Road; thence in a generally Westerly direction along the Northerly boundary of Round Pond Road 1,270± feet to its intersection with the northwesterly projection of the Northeasterly boundary of Tax Map Parcel No. 67-2- 1.3; thence in a generally Southeasterly direction along said projection crossing Round Pond Road and along the Northeasterly boundary of Tax Map Parcel Nos. 67-2-1.3, 67-2-1.2, 68-1-2 and 68-1-15, a distance of 2,060± feet to its intersection with the Southerly boundary of said Tax Map Parcel No. 68-1-15; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel and Tax Map Parcel No. 68-1-13.1, a distance of 260± feet to its intersection with the Northwesterly projection of the Northeasterly boundary of Tax Map Parcel No. 68-1-10; thence through Tax Map Parcel No. 68-1-11 along said projection and along the Northeasterly boundary of Tax Map Parcels Nos. 68-1-10 and 68-1-9 crossing Montray Road, continuing along the Northeasterly boundary of Tax Map Parcel Nos. 69-1-1, 69- 1-29, 69-1-28, 69-1-27, 69-1-26, 69-1-25, 69-1-24, 69-1-20, 69-1-18 and 69-1-17 crossing Kendrick Road and along the Northeasterly boundary of Tax Map Parcel Nos. 70-2-1, 70-2-2, 70-2-3 and a portion of 70- 2-4, a distance of 2,170 ± feet to its intersection with the Northwesterly boundary of Tax Map Parcel No. 70-2-4; thence in a generally Northeasterly direction along the Northwesterly boundary of said tax map parcel 160± feet to its intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said Tax Map Parcel No. 70-2-4, a distance of 180± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 150± feet to intersection with the Easterly boundary of said tax map parcel; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel and the Easterly boundary of Tax Map Parcel Nos. 70-2-6, 70-2-8 and 70-2-10, a distance 450± feet to its intersection with the Southerly boundary of Tax Map Parcel No. 70-2-10; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 65 ± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 70-2-11; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 120± feet to its intersection with the Northerly boundary of Sweet Road; thence in a generally Easterly direction along the Northerly boundary of said road 110± feet to its intersection with the Northerly projection of the Easterly boundary of Tax Map Parcel No. 71-2-1; thence in a generally Southerly direction crossing Sweet Road along said projection and along the Easterly boundary of said Tax Map Parcel No. 71-2-1, a distance of 150± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 230± feet to its intersection with the Easterly boundary of U.S. Route 9; thence from the generally Southwesterly direction crossing U.S. Route 9, a distance of 190± feet to a point, said point being at the intersection of the Northerly boundary of Weeks Road with the Westerly boundary of U.S. Route 9; thence in a generally Southerly direction along the Westerly boundary of U.S. Route 9, a distance of 170± feet to its intersection with the Southerly boundary of Tax Map Parcel No. 71-1-4; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 380± feet to its intersection with the Westerly boundary of said Tax Map Parcel No. 71-1-4; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 120± feet to its intersection with the Southerly boundary of Weeks Road; thence in a generally Westerly direction along the Southerly boundary of Weeks Road 540± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 71-1-2; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel, a distance of 930± feet to its intersection with the Southerly boundary of said Tax Map Parcel No. 71-1-2; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel, a distance of 700± feet to the point or place of beginning. 365 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 3.0 CORRESPONDENCE NONE 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM Supervisor Stec-Thanked our Sponsor for providing the funds to produce this televised broadcast for our constituents outside these walls tonight and that is Glens Falls National Bank, Thank You Glens Falls National Bank for your generosity in sponsoring us. I also would like to put a plug in for the Towns Web site www.queensbury.net Mrs. Barbara Bennett-Requested that the Board check on the following: Water Plant Addition a special account was set up when it was finished 1.6 millions left which was to be transferred, they set aside one million one hundred and twenty five thousand to be put in a special fund which was to be used in the next five years to help control the cost and excessive taxes…questioned when this ends….and if there are funds left and what to do with them? What are you going to do if you do not have funds to keep the costs down? Water Supt. Ralph VanDusen-Noted that when Henry was first Comptroller he set up a plan to enable us to take money from our fund balance to make sure we could do capital project to maintain the integrity of our infrastructure and at the same time keep tax rates as low as possible. We were able to do that each year we have done more in capital projects and Henry initially budgeted the tax rate has gone down in each of those years and we have continued to do that. The proposal that you will see for the 2005 budget will include taking money from the fund balance toward that and I see that happening long after I retire. Yes, the plan has been active..I can see it continuing into the indefinite future, I do not see the taxes going up. Ms. Bennett-Noted she had not seen the taxes going down. Supervisor Stec-Your water taxes and rates have gone down over the last few years the 2005 rate for water is projected to be down in the tentative budget. Mr. Pliney Tucker-41 Division Road Anything on the recreation property yet on Corinth Road? Councilman Brewer-Noted he had not heard of anything will check with Town Counsel. 366 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Mr. Tucker-The Michaels Group is about to put a store or station on the Corinth Road, they have to come back to you? Supervisor Stec-At the end for the road, there is a road dedication issue, it is part of the PUD at Hudson Pointe. Mr. Tucker-Can we put some pressure on somebody it has been ten years? There are five an a half acres up there…it was supposed to be in our hands six months after the agreement was signed. Councilman Brewer-That was not only the Federal Government it was also to do with Nimo sold the hydro plants to Reliant which in turn pawned them off on O’Ryan or vs. and that has delayed it until they got their permits, nobody could do anything. They got their permits last year and started moving forward. I will call Bob tomorrow. Mr. Tucker-Re: Childrens Court I think it is a great idea I do not understand why all of Warren County isn’t going to .. Supervisor Stec-They do, but, they are short unless the County says they are going to do more there is a short fall, the Board is going to discuss it, it is included in the tentative budget for discussion. There is an issue there with fair share. Mr. Tucker-RE: Paint ball lawsuit…I hope it is possible that this case is judged on its merits. Ms. Kathy Sonnabend- 55 Cedar Court Thanked TV 8 for broadcasting these meetings. At the last Planning Board Meeting they clearly stated that they believed the Professional Office Zoning Corridor of Bay Road only allowed Professional Offices in the first thousand feet but when the resolution was worded with the help of the Town Attorney the resolution said something to the effect that the Zoning was clear and did not need any clarification or modification. So, I am assuming Dan based upon your comments on Nick Caimano’s show the other night that we may very well be seeing this application for the hundred and seventy four unit apartment building on the corner of Blind Rock and Bay Road back at the Planning Board stage at some point. If that happens it would be helpful for the community to know and be able to come. It has been very hard for people to follow what is going on. Right now the agenda for tomorrow nights meeting still has it on the agenda even though the Planning Board has indicated that they are probably going to table it. Re: Article in Post Star - I am glad that you were quoted that you agree with us that the Nano Tech Park has the opportunity for a lot of good jobs up our way. The problem is we do not have enough zoning for commercial right now. You also commented on how people are concerned that we are coming close to our capacity but from what I understand of the build out study the Chazen Company is in combination with the Town Board and the School Board has indicated we could have almost a doubling of our 367 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 population if all the developable property is developed over the next couple decades. I understand it says almost nineteen thousand additional residents and we have about twenty five thousand currently. Supervisor Stec-The presentation that was made and we are waiting for the final report the most accurate projection that they had that we might be thirty five thousand people by the year 2030. Ms. Sonnabend-The main issue is that it is mainly residential development that is being discussed along those lines. We need more commercial and professional office zoning. So the idea of allowing apartment units at that location where it is zoned professional office is going in the wrong direction. We have to be very careful of residential growth. I hope you keep that in mind. The last point if you look at the chart that was on the front page of the paper they looked at six municipalities and how much of their growth for 2003 the construction was residential and how much was commercial Queensbury has second to the worst ranking of all six of those municipalities in terms of the second highest percentage of residential construction and the second lowest percentage of Commercial Construction. If a hundred and seventy four apartments are permitted in that lot if I am correct the last year we had fifty two units that is almost a three hundred and fifty percent increase in just one year. It is really going in the wrong direction. Supervisor Stec-Thank you. Mr. Dennis Tarantino-Noted he had been traveling the District saying hello the Town Boards and Village Boards and County governments, to say it would be a privilege to represent you in Albany in January. Main thth goal is to increase voter registration, noted October 6 and 9 there is an outreach program to register voters… Mr. Keith Cornell-Glen Falls Resident – Re: Boo in Post Star regarding Mr. Strough- did not agree with the boo what so ever. I think John Strough is a guy that does his homework for the public and not for himself, not to advance his own career. He is involved in public service because he cares about the public. Ms. Sue DeGroff-John Burke Apts. – spoke about the side walk and tree planting that the Town did along Burke Drive…noted an accident has damaged two trees…noted the police are involved in the case and they have apprehended the possible individual involved in the accident. Would like the trees installed again. Supervisor Stec-I will speak to the Highway Superintendent regarding the replacement of the trees. Mr. Donald Sipp-Court House Drive Questioned if decent and the difference of opinion is being criticized here? Noted that the Country was built on decent …it is so important that it is protected by the first 368 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 amendment. It is time to lower our voices and listen carefully to another point of view find some good in another persons thoughts. I think we all strive for the same goal to continue to improve the conditions within the Town of Queensbury. Ms. Karen Angleson-1 Greenwood Lane Asked for clarification in the agenda Supervisor Stec- Should be version three 6.0 TOWN BOARD DISCUSSIONS Councilman Boor-RE: Leaving of Donations out side the Salvation Army Fence on Quaker Road It is a great organization but from the perspective of how our Town is perceived I have concerns with old mattresses being left there, it has been a repository for stuff that people do not want to pay to get rid of. I might be speaking out of school because I have not gone to the owner of the business but.. Councilman Brewer-Noted he passes it every Monday morning and every Monday morning I am disgusted with the array of stuff. Councilman Boor-I would have no problem going and speaking with them and maybe we can set something up from the Towns point of view to work on cleaning up that appearance. Councilman Brewer-Noted there had been a surveillances camera there it deterred people for a while I think we have to ask the Sheriff to be there and watch people. Maybe it has to be instigated by the Salvation Army itself. Councilman Boor-This is something I would like to see us take care of. Councilman Strough-Suggested a sign that would state the fine … Supervisor Stec-Noted we will look into that tomorrow and contact the owner… Councilman Brewer-I would like to talk to Mr. Hansen and get some enforcement from this board to prevent or sign our parks and property to prevent motorcycles and ATV’s Three Wheelers from riding on them. Supervisor Stec-Also on watershed property along Potter Road , it is tough to enforce but that is not a reason to not try to. Councilman Brewer-Noted that the Sheriff’s Dept. has a four wheel patrol we just have to request it. Supervisor Stec-Noted also a problem with hunters… 369 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Councilman Brewer-Spoke about the Town Law that prohibits hunting on town property. Councilman Strough-Re: Rush Pond Bike Trail people are concerned about three wheelers, four wheeler and two wheelers, will they be able to use the hike and bike trail, we have to address that, no they will not be able to. Resident questioned why the whole Town Board meeting is not shown? Councilman Boor-Noted he had several inquiries on that. Supervisor Stec-Noted he had not had a chance to contact them, but I will. Councilman Strough-Re: Widening of West Mountain Road to accommodate pedestrian and bike traffic…noted a student suggested that eight or twelve inch rumble strip between the highway traffic and the bike and pedestrian lane….that might be a good idea… Would like to chastise the Post Star it has been a long time that we had mentioned that Queensbury School System was rated by the Albany Business review as the most cost efficient school of eighty five schools they reviewed in the Capital District, the Post Star never carried that. It would be nice if the Post Star carried something positive about Queensbury once in a while. So, Boo to the Post Star Re: Hovey Pond Photos of flowers at Hovey Pond, Mr. Keenan put them on the Web Site, what a fantastic job…Thank you Bob. Spoke about the Queensbury Senior Citizens-spoke about rooms at the new Center, noting that the Seniors are in cramped quarters…. Volunteer of the month was Joe DeMeo, Treasurer of the Qsby. Seniors and Trustee…spoke about upcoming events such as the Fall Arts and Craft th Fair on October 9, Halloween Party, Echos of Summer Jazz Luncheon, Annual Christmas Party, Echo Lake Lodge, Granville Museum etc. Fire Marshal Report-astounded at the number of inspections that they do…324 Commercial Occupancy Inspections, 235 CO Inspections, 85 Solid Fuel, 395 Re-Inspections, 1585 telephone conferences… Thanked Keith Cornell… Supervisor Stec- Re: Balloon Festival Thanked everyone that was involved…record setting festival Re: Hovey Pond Thanked all those involved in building the walkway 200’ long Re: Tentative Budget – filed with the Town Clerk this afternoon…copies presented to the Town Board … Budget Officer Jennifer Switzer-Read the following memo-Memo to the Town Board from Supervisor Stec and all of the Department Managers concerning the 2005 Supervisor’s Tentative Budget. Over the past several weeks and months Town Department Managers have been working on the 2005 Town Budget during this process the Town Managers have met on an individual basis with the Budget Officer and Supervisor to review line by line their requested budgets. This process included the reduction and sometimes increases in line items of all 370 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 departments. All reduction and increases were discussed and agreed upon to create the Supervisor’s Tentative Budget. The Department Mangers, Budget Officer and Supervisor encourage you to review the Tentative Budget and contact each Department Manager with any questions and concerns that you may have regarding their budget. Included in the Supervisor’s Tentative Budget are various personnel requests which range from additional personnel to up grades requested by Department Managers. All requests included in the requested budgets have been passed on to the Tentative Budget. These personnel requests will be set for review and discussion at meetings to be scheduled with the Town Board and all affected Department Managers and the next two weeks prior to the approval of th the Preliminary Budget on Monday October 18 2004. Supervisor Stec-With the exception of a couple of staffing issues in the Community Development Department that did not make it into the requested budget and so therefore are not in the Tentative Budget but certainly we are aware of and we will be discussing with that exception every single Town Department Head has signed that memo. I want to congratulate the Department Heads and thanked them for working with Jennifer and I and I want to thank the Town Board for blessing this general approach to creating my budget. I think it will make the rest of the budget process hopefully much more straight forward and it will happen in a more controlled manner than budgets in the past. Jennifer, is this budget up or down and how much so? Budget Officer Switzer-Appropriations 2005 vs 2004 General Fund 4.9% decrease with the tentative budget, all the other operating funds which includes the Cemetery, the Lighting Districts, Landfill, Water, Wastewater and Emergency Services decreased 6.9% The total of all Town wide funds is down 6.1%. Supervisor Stec-Noted there is a great deal of work to be done with the Fire Budget, with that exception the rest of the budgets are ball park of what they will be, I am sure there will be some adjustments as the Board goes through. 7.0 RESOLUTIONS RESOLUTION AUTHORIZING OUT-OF-DISTRICT AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND CERTAIN CUSTOMERS OUTSIDE OF CENTRAL QUEENSBURY QUAKER ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: 463, 2004 371 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 328,2004, the Town of Queensbury established and created the Central Queensbury Quaker Road Sewer District Extension No. 7 and consolidated it with the Central Queensbury Quaker Road Sewer District (District), and WHEREAS, certain Town residents wish to obtain sanitary sewer service from the District’s facilities but their properties are located outside the District’s boundaries, and WHEREAS, the Town of Queensbury wishes to supply these Town residents with such sanitary sewer service in accordance with Town Law §198(1), and WHEREAS, a proposed Agreement for sanitary sewer service is presented at this meeting and is in form approved by the Town’s Wastewater Director, Deputy Wastewater Director and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Wastewater Director and/or Wastewater Deputy Director to enter into Out-of-District Agreements concerning the Central Queensbury Quaker Road Sanitary Sewer District with those users to be designated by the Town Wastewater Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director and/or Deputy Wastewater Director to make all necessary arrangements, including collection of any fees from the residents and signing the Agreements, in accordance with Town Law §198(i), to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner Discussion held before vote: Deputy Directory Mike Shaw-the Board has seen these out of district contracts in the past, what we try to do is offer a person that boarders a sewer district and borders the 372 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 infrastructure the ability to connect into us. In this case a person on Bay Road borders the sewer district there is a pipe in front of her property she has a failing septic system and would like to connect to our facilities. Basically the agreements says that they will abide by all the regulations within the sewer district, pay the same rates as in the sewer district and eventually if we do a district extension they will be installed into that district. RESOLUTION APPOINTING MARILYN RYBA, EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, AS VOTING MEMBER OF ADIRONDACK GLENS FALLS TRANSPORTATION COUNCIL’S TECHNICAL ADVISORY COMMITTEE RESOLUTION NO. 464, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Glens Falls Transportation Council (Council) is an organization created to facilitate a cooperative transportation planning and decision making process between area municipalities, including the Town of Queensbury, and state and federal agencies, and WHEREAS, the Council consists of the Policy Committee which includes Supervisors of the Town of Queensbury, and the Technical Advisory Committee (TAC), which is comprised of the technical staffs of the Policy Committee and meets regularly to oversee the operation of the Council and make recommendations to the Policy Committee, and WHEREAS, the Town of Queensbury’s representative on the TAC is Marilyn Ryba, Executive Director of Community Development, and the Town Board wishes to adopt a Resolution appointing Ms. Ryba as a voting member of the TAC, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Marilyn Ryba, Executive Director of Community Development, to serve as a voting member of the Adirondack Glens Falls Transportation Council’s Technical Advisory Committee and authorizes and directs Ms. Ryba to take any necessary action to effectuate the terms of this Resolution. 373 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING HIRING OF FRANCES COLVIN AS PART- TIME CLEANER RESOLUTION NO. : 465, 2004 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Facilities Manager has advised that it is necessary to replace a part-time Cleaner in the Building and Grounds Department, and WHEREAS, the Facilities Manager advertised for the position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, and WHEREAS, the Town Board wishes to authorize such hiring, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th hiring of Ms. Frances Colvin as a part-time Cleaner effective September 28, 2004 subject to satisfactory completion of a pre-employment physical and subsequent satisfactory completion of an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Ms. Colvin shall be paid a wage of $9.60 per hour for 35 hours of work weekly to be paid from the appropriate payroll account, and BE IT FURTHER, 374 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Facilities Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING HIRING OF REBECCA RYBA TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 466. 2004 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Rebecca Ryba to work part-time for the Department as a Lifeguard, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Rebecca Ryba is the daughter of Marilyn Ryba, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Rebecca Ryba to work for the Town’s Department of Parks and Recreation as a th part-time Lifeguard effective September 14, 2004 at the rate of pay of $6.50 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. 375 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner Discussion held before vote: Supervisor Stec-Any time we hire a relative of a Town Employee we are required to pass a resolution. RESOLUTION AUTHORIZING HIRING OF C. WESLEY CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 467,2004 INTRODUCED BY Mr Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire C. Wesley Carr to work part-time for the Department as a Lifeguard, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and C. Wesley Carr is the son of Elise Carr, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of C. Wesley Carr to work for the Town’s Department of Parks and Recreation as a th part-time Lifeguard effective September 14, 2004 at the rate of pay of $6.50 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: 376 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING PURCHASE OF GPS HARDWARE - TRIMBLE PATHFINDER PRO XR & GEO XT MAPPING SYSTEMS ALONG WITH SOFTWARE AND TRAINING EXPENSES RESOLUTION NO.: 468, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Director of Information Technology has advised the Town Board that he wishes to purchase GPS hardware known as Trimble’s Pathfinder Pro XR and GeoXT Mapping Systems, along with software and training costs for three individuals, as th set forth in Waypoint Technology Group’s letter and proposal of September 17, 2004 presented at this meeting, and WHEREAS, moneys for such purchase have been included in the Town’s 2004 Budget, and WHEREAS, New York State Bidding is not required as the purchase price for such computer hardware, software and training is made in accordance with New York State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Director of Information Technology’s purchase of GPS hardware known as Trimble’s Pathfinder Pro XR and GeoXT Mapping Systems, along with software and training costs for three individuals, from Waypoint Technology Group in accordance with New York State Contract PC-54349 pricing for an amount not to exceed $16,020, to be paid for from Account No.: 01-1680-2031 ($13,635) and Account No.: 01-1680-4220 ($2,385), and BE IT FURTHER, 377 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLVED, that the Town Board further authorizes and directs the Director of Information Technology, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner Discussion held before vote: Director of IT Dept. Bob Keenan – This is a GPS System that is also a data collection system it will be used by the Community Development Office and the Water Dept. to locate infrastructure to map it more accurately. RESOLUTION AUTHORIZING TOWN WATER DEPARTMENT TO ENGAGE SERVICES OF SMITH CONTROL SYSTEMS TO UPGRADE WONDERWARE SOFTWARE AND COMPUTER HARDWARE RESOLUTION NO.: 469, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Deputy Water Superintendent has advised the Town Board that he wishes to engage the services of Smith Control Systems to upgrade the Water Department’s Wonderware software and computer hardware due to unexpected computer problems that occurred during 2004, including but not limited to, the crash of a computer hard drive and the incompatibility of the installed version of Wonderware software with newer Windows operating systems, as more fully described in the Deputy Water Superintendent’s Memorandum to the Town Board dated September 21, 2004 presented at this meeting, and WHEREAS, since such computer problems were unforeseen, moneys for the Wonderware software and computer hardware upgrade were not included in the Town’s 378 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 2004 Budget; however, the Water Department can provide for the upgrade by using funds existing in other accounts within the 2004 Budget, and WHEREAS, Smith Control Systems can provide the necessary upgrades for an amount not to exceed $15,425.10, and WHEREAS, the Town Deputy Water Superintendent has researched how to make the needed improvements and has determined that the project requires a high level of technical professional services that he feels Smith Control Systems can provide and that the substantial majority of this project is the professional services rather than computer hardware, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Deputy Water Superintendent’s recommendation to engage the services of Smith Control Systems to upgrade the Water Treatment Plant’s Wonderware software and computer hardware for an amount not to exceed $15,425.10, to be paid for from Account No.: 040- 8320-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves an amendment of the Town’s 2004 Budget and authorizes and directs the Town Budget Officer to transfer the necessary funds from Account No.: 040-8320-2001 to Account No.: 040-8320-2899 and make any other needed adjustments or transfers necessary to provide for payment of these services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Deputy Water Superintendent, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner 379 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Discussion held before vote: Deputy Director of Water Bruce Ostrander- At the beginning of the year we started experiencing problems with the computer software that runs the water treatment plant, so we hired Smith Controls to fix a hard drive crash, when they did that they tried to hook up a new computer with a newer operating system 2000Professional and the Wonderware Software was not computable, we went back to the old NT System and they were progressing with that repair they had trouble with the patches to get the software to work with the older operating system. Later in the year I found out that in the future Micro soft is not going to support that window NT operating system. There is also a key in the back of the computer that was put on as a security device for the Wonderware Software so no one could steal that and they no longer make that key and with the up grade that key is not needed. We were going to hire Smith to put in some scaling factors for control of pumps to enable us to size some of our chemical metering equipment to a better size than the ones we have now, they thought they could put the scaling factors in, but they had made a mistake the version was too old and they would not be able to do that. As the year has gone on we just keep to running into problems with the software and I moved the priority of upgrading that software from sometime in 2006 to the end of this year. Councilman Boor-Are we upgrading something that we are going to have to continue to upgrade because they are not compatible with what the major portion of the market is using? IT Director Keenan-At some point they are going to force you to upgrade. Described the systems that are being used… in eight to ten years you will have to do this again….Your best opportunity is to buy a good package now that will run your plant for ten years… RESOLUTION AUTHORIZING FIRE MARSHAL, DEPUTY FIRE MARSHAL AND HEALTH OFFICER TO ATTEND VISIBLE EMISSIONS EVALUATION, FIELD CERTIFICATION AND CLASSROOM LECTURE PROGRAM IN SARATOGA SPRINGS RESOLUTION NO.: 470, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Executive Director of Community Development has requested Town Board authorization for the Fire Marshal, Deputy Fire Marshal and Health Officer to attend Visible Emissions Evaluation (Smoke School), th Field Certification and Classroom Lecture Program in Saratoga Springs from October 5 th – 7, 2004 at the cost of $375 per person, and 380 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Planning Department’s 2004 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Fire Marshal, Deputy Fire Marshal and Health Officer to attend Visible Emissions Evaluation (Smoke School) Training, Field Certification and Classroom Lecture Program in thth Saratoga Springs from October 5 – 7, 2004 at the cost of $375 per person plus appropriate miscellaneous costs such as lunch, to be paid for from Account No.: 01- 3410-4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Supervisor Stec-noted that Dr. Garner is unable to attend this session he will be attending soon.. RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT DEPARTMENT TO PURCHASE STANDARD FIELD TEST KIT FROM EASTERN TECHNICAL ASSOCIATES RESOLUTION NO.: 471, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Executive Director of Community Development has requested Town Board approval for the purchase of a “Standard Field Test Kit” from 381 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 Eastern Technical Associates for an amount not to exceed $580 plus any appropriate miscellaneous costs such as shipping and handling, and WHEREAS, such Standard Field Test Kit will be utilized by the Community Development Department to test emissions in connection with the Town of Queensbury’s Outdoor Furnaces Local Law, and WHEREAS, funds for such purchase are available in the Town’s 2004 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Executive Director of Community Development’s purchase of a “Standard Field Test Kit” from Eastern Technical Associates for an amount not to exceed $580 plus any appropriate miscellaneous costs such as shipping and handling, to be paid for from Account No.: 001- 3410-2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves an amendment of the Town’s 2004 Budget and authorizes and directs the Town Budget Officer to transfer the necessary funds from Account No.: 001-3410-4400 and/or Account No.: 001-3620-2001 to Account No.: 001-3410-2001 and make any other needed adjustments or transfers necessary to provide for payment of this purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director, Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ILIANT MEDBILL, INC. 382 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLUTION NO.: 472, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board has entered into Agreements with the Town’s three (3) Emergency/Rescue Squads, such Agreements providing that the Town implement a bill for service (third party billing) during 2004 in an effort to reduce and eliminate the Town EMS tax while maintaining and improving the high level of quality service provided to Town residents, and WHEREAS, the Town formed a committee concerning the third party billing process and such committee requested and received proposals from companies to provide third party billing and the committee has recommended that the Town Board enter into a Billing Service Agreement with ILIANT Medbill, Inc., for such technical professional services, and WHEREAS, the Town Board wishes to enter into the Billing Service Agreement with Iliant Medbill, Inc., such Agreement presented at this meeting and in form acceptable to the Town’s Budget Officer and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Billing Service Agreement between the Town of Queensbury and Iliant Medbill, Inc. substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None 383 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 ABSENT: Mr. Turner RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 473, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached 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 Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: BUILDING & GROUNDS FROM: TO: $ AMOUNT: 001-1620-4070-0023 001-5132-4060 3,211. (Building Repair Supplies) (Building Contractual) WATER FROM: TO: $ AMOUNT: 40-9950-9030 40-8340-4800 70,000. (Transfer to Cap. Proj.) (Equip. Repairs) WATER FROM: TO: $ AMOUNT: 40-9950-9030 40-8340-2001 72,970. (Transfer to Cap. Proj.) (Misc. Equip.) th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None 384 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 ABSENT: Mr. Turner RESOLUTION APPROVING AUDIT OF BILLS – RD ABSTRACT OF SEPTEMBER 23, 2004 RESOLUTION NO.: 474, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to approve the audit of bills rd presented as the Abstract with a run date of September 23, 2004 and a payment date of th September 28, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a rdth run date of September 23, 2004 and payment date of September 28, 2004 numbering 24- 415100 through 24-444000 and totaling $1,219,318.43, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Councilman Strough-page 17 Airport pump station is that water? Supervisor Stec-Sewer Councilman Strough-Auction forms are those related to the auction, we would have had to had those printed if we had the outfit do the auction for us? Budget Officer Switzer-Yes. 385 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLUTION AUTHORIZING TRANSFER OF DELAWARE & HUDSON RAILWAY EASEMENT AND LICENSE AGREEMENT FROM QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION TO TOWN OF QUEENSBURY RESOLUTION NO.: 475, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Economic Development Corporation (QEDC) obtained rights and privileges under a License Agreement with Delaware and Hudson Railway Company (D&H) to construct and maintain a 10” sewer line to serve the QEDC Technical Park, under and across the right-of-way and track of property owned by D&H located 435’ northwesterly of the center line of Warren Street, and WHEREAS, QEDC has requested that the Town of Queensbury authorize a transfer of such ownership of the sewer line from QEDC to the Town of Queensbury, and WHEREAS, the Town’s Deputy Wastewater Director and the former Executive Director of Community Development evaluated such proposal and have recommended that the Town authorize such transfer, and WHEREAS, the Town Board agrees that acquisition of such License Agreement and Easement from QEDC is necessary for the Queensbury Technical Park Sewer District and therefore the Board wishes to authorize its acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves, accepts and authorizes the transfer of ownership of the sewer facilities from the Queensbury Economic Development Corporation referred to in this Resolution under the same terms and conditions set forth in the original License Agreement entered into between the Delaware and Hudson Railway Company and the Queensbury Economic Development Corporation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement with Delaware & Hudson Railway consenting to the transfer, as well as any and all documents necessary to complete this transaction and take such other and further action as may be necessary to effectuate the terms of this Resolution. 386 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 th Duly adopted this 27 day of September, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Councilman Strough-We are going to have to pay $50. per year for this right? Supervisor Stec-Yes. Deputy Wastewater Supt. Mike Shaw-This is a sewer line that runs under the Delaware and Hudson Railroad track, QEDC constructed the line and donated it to the Town this is a follow through of that contract. This is a normal course of business as far as Delaware and Hudson Railroad goes. Councilman Strough- Reviewed the contract section noting that no work can be done on the line in that area until permission is given by the Delaware and Hudson…Deputy Wastewater Supt. Shaw-Noted with todays technology most can be repaired underground… 8.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 9.0 ATTORNEY MATTERS NONE 10.0 EXECUTIVE SESSION (Will move to the Supervisor’s Conference Room) RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 476.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into and Executive Session to discuss personnel matter. th Duly adopted this 27 day of September, 2004 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner 387 REGULAR TOWN BOARD MEETING September 27, 2004 MTG. #44 RESOLUTION ADJOURING EXECUTIVE SESSION RESOLUTION NO. 477.2004 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 Executive Session. th Duly adopted this 27 day of September, 2004 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner NO ACTION TAKEN RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 478.2004 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. th Duly adopted this 27 day of September, 2004 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury