Loading...
2006-06-05 MTG20 203 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 TOWN BOARD MEETING MTG. #20 June 5, 2006 RES. 275-301 7:00 P.m. BOH 12-14 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER JENNIFER SWITZER SR. PLANNER STU BAKER DIRECTOR OF WASTEWATER MIKE SHAW WATER DEPT. ENGINEER CHRIS HARRINGTON PLEDGE OF ALLEGIANCE LED BY SUPERVSOR DANIEL STEC PROCLAMATION AND PRESENTATIONS Supervisor Stec-Read the following Proclamation into the record P R O C L A M A T I O N WHEREAS, the Queensbury Town Board wishes to recognize local student- athletes for their exceptional performances on the athletic field, and WHEREAS, the Queensbury High School Boys Cross Country Team won the Section 2 Championship, thereby winning the right to attend the New York State Public High School Athletic Association (NYSPHSAA) Championship meet held at Queensbury Union Free School District, Queensbury, New York, on November 12, 2005, and WHEREAS, the Queensbury High School Boys Cross Country team competed with 11 other schools that were ranked as the top teams from their respective sections of New York State, and the Queensbury High School Boys Cross-Country team beat Burnt Hills/Ballston Lake to win the New York State Class A Title, giving the Spartans their first Boys Cross-Country State Championship, and bringing victory to the Queensbury Union Free School District and Town of Queensbury, and WHEREAS, by winning the New York State Class A Title, the Queensbury High School Boys Cross Country Team earned the State’s number one rank, and therefore is the best Boys Cross Country team in New York State, and , WHEREAS Coaches Kevin Sullivan and Robert Underwood and the Queensbury High School Boys Cross Country Team deserve special recognition of their accomplishments and the Queensbury Town Board wishes to formally salute and recognize Coaches Kevin Sullivan and Robert Underwood and the Cross Country team, consisting of Jeremy Beaudette, Matt Flint, Joel Loke, Kevin Mulcahy, Jared Newell, Steve Soprano and Tom Williams, for representing the Queensbury School District and Town of Queensbury in such an exemplary manner, NOW, THEREFORE, the Queensbury Town Board, hereby congratulates Coaches Kevin Sullivan and Robert Underwood and the entire Queensbury High School Cross Country Team for its outstanding performance and level of excellence during the 2005 season and achieving the title of New York State Champions, and further expresses its sincere appreciation to Coaches Kevin Sullivan and Robert Underwood and the Queensbury High School Cross Country Team for doing their part in making the Town of Queensbury a better place to live. 204 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 th GIVEN under the SEAL of the Town of Queensbury this 5 day of June, 2006. _____________________ ___________________ ____________________ DANIEL G. STEC ROGER BOOR TIMOTHY BREWER _________________________ __________________________ RICHARD SANFORDJOHN STROUGH The Entire Town Board congratulated the Cross Country Team and Coaches Kevin Sullivan and Robert Underwood as they received their proclamation and plaque. Plaque read as follows The Queensbury Town Board wishes to congratulate the Queensbury High School Boys Cross Country Team and Coaches Kevin Sullivan and Robert Underwood for winning the New York State High School Athletic Association 2005 Class A Boys Cross Country New York State Championship. Hosted by the Queensbury Union Free School District, Queensbury, New York on November 19, 2005. Supervisor Stec-All the boys names are on the plaque hang it somewhere appropriate in the School. Coaches noted that this capped off the season for the team winning the Foothills Championship … thanked the Town of Queensbury for their support, a great event to have in the Town of Queensbury… Supervisor Stec read the following Proclamation: P R O C L A M A T I O N WHEREAS, the Queensbury Town Board wishes to recognize local student- athletes for their exceptional performances on the athletic field, and WHEREAS, the Queensbury High School Boys Alpine Ski Team won the Section 2 Sectionals, thereby winning the right to attend the New York State Public High School Athletic Association (NYSPHSAA) Championship meet held at Bristol Mountain, Canandaigua, New York from February 28 to March 1, 2006, and WHEREAS, the Queensbury High School Boys Alpine Ski Team competed with 10 other schools that were ranked as the top teams from their respective sections of New York State, and the Queensbury High School Boys Alpine Ski Team beat 10 other teams to win the New York State Alpine Skiing Team Title, giving the Spartans their second Boys Alpine Ski State Championship in the past three years, and bringing victory to the Queensbury Union Free School District and Town of Queensbury, and WHEREAS, by winning the New York State Class Alpine Ski Title, the Queensbury High School Boys Alpine Ski Team earned the State’s number one rank, and therefore is the best Boys Alpine Ski Team in New York State, and , WHEREAS coaches Steve Jackson and Robert Underwood and the Queensbury High School Boys Alpine Ski Team, deserve special recognition of their accomplishments and the Queensbury Town Board wishes to formally salute and recognize Coaches Steve Jackson and Robert Underwood and the entire Alpine Ski Team, consisting of John Bennett, Andy Fosbrook, Tim Hughes, Patrick Hughes and Burton Schwab, for 205 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 representing the Queensbury School District and Town of Queensbury in such an exemplary manner, NOW, THEREFORE, the Queensbury Town Board, hereby congratulates coaches Steve Jackson and Robert Underwood and the entire Queensbury High School Alpine Ski Team for its outstanding performance and level of excellence during the 2006 season and achieving the title of New York State Champions, and further expresses its sincere appreciation to Coaches Steve Jackson and Robert Underwood and the Queensbury High School Alpine Ski Team for doing their part in making the Town of Queensbury a better place to live. th GIVEN under the SEAL of the Town of Queensbury this 5 day of June, 2006. _____________________ ____________________ ___________________ DANIEL G. STEC ROGER BOOR TIMOTHY BREWER _________________________ __________________________ RICHARD SANFORD JOHN STROUGH The Entire Town Board congratulated the Alpine Ski Team and Their Coaches. Supervisor Stec read the plaque: The Queensbury Town Board wishes to congratulate the Queensbury High School Boys Alpine Ski Team and Coaches Steve Jackson and Robert Underwood for winning the New York State Public High School Athletic Association 2006 Boys Alpine New York State Championship hosted by Section at Bristol Mountain, Canandaigua, New York thst February 28 to March 1, 2006. Noted that all the members of the Team are listed on the plaque. Coach-Another great effort by our kids and again a lot of community support through West Mountain to train at. Councilman Strough-Before you leave I think the parents also of these young kids, great kids, the parents also deserve praise and credit for their guidance and support of family environments and we want to thank the parents as well. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 12.2006 BOH INTRODUCED BY: Mr. John Strough 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 5 day of June, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 206 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 1.0BOARD OF HEALTH 1.1Public Hearing – Application for Sanitary Sewage Disposal Variance For John and Sandra Lambrechts Notice Shown Publication date May 26, 2006 Supervisor Stec-The property is located at 32 Russell Harris Road in Queensbury, we set the public hearing a couple of weeks ago and the relief that is being sought is a septic tank and pump pit five feet from the dwelling instead of the required ten foot, a force main four feet from the property lines instead of the required ten foot and an absorption field three feet from the property line Road Row instead of the required ten foot set back. Again the property location is 32 Russell Harris Road and with that I will turn it over to the applicant and his agent to introduce themselves and go ahead and maybe explain the project a little bit more for the public. Mr. Dennis MacElroy-I am Dennis MacElroy from Environmental Design Partnership representing John and Sandy Lambrechts the owners and applicant. John is with me tonight. To give you a little background of the property as you indicated it is located at 32 Russell Harris Road which is a lake side property on the West Shore of Cleverdale. If you have your plans out, you will see it is a property that is about a quarter of an acre it is sixty feet wide and about two hundred feet in depth. The Lambrechts have recently purchased the property in January of this year. As part of their new ownership they wanted to improve the wastewater system. There are other cosmetic improvements that they have undertaken for the house itself. It is a two bedroom home the existing wastewater system we have done some research regarding any existing permitting or records that I typically do either through the Town or the Lake George Park Commission and unfortunately we did not find any of the records that we sometimes find, not always, which would describe what the existing system is. We only know that there is a building sewer that leaves the roadside of the house to some type of tank located just adjacent to the I refer to it as the back of the house, but it is the roadside of the house. Again, the Lambrechts were wanting to feel that they have a good wastewater system for the site so that they contacted me and we have reviewed the property, dug test pits to come up with what we feel is the best location for a replacement system on the property. What that consists of is a new concrete septic tank as you see on the bottom part of the drawing the proposed design a new concrete septic tank of which the effluent would then flow to a pump pit with a force main that pumps up to the road area. The area between the road and the garage, for an absorption field area. Now, what is proposed there is somewhat unique is not what you maybe familiar with an Eljen System is something that has been very common of late around the lake. This is a puraflo bio-filtration peat system. It is part of the new technologies the enhances treatment technologies that are available on a residential scale. It is something that I suggested to the Lambrechts, it will cost them a little bit more money but what it does it produces an effluent that you are putting into the ground that is more highly treated. There is certainly a track record in history of this product, not so much in this area although I have designed and installed a system in Echo Bay, Town of Fort Ann which is currently operating. Again, the mitigation I think that this offers is for the variances that were asking for, although the variances are what I contend is relatively benign, they are not setbacks from the lake or anything and in fact this system and the absorption system and the absorption field now is to be approximately a hundred and eighty feet from the lake in an area with better soils then currently exists roughly eighty feet from the lake. The set backs to the tank and the pump pit are to the house itself. The set back of the force main is to the adjacent property to the north. The set back of the field is to the right of way, edge of the right of way on the road side of the property. So, there is really minimal disturbance or change from in regards to those variance requests. I think the important point is that, this is a replacement system that replaces something that is old outdated and is located further from the lake and most importantly employs some enhances treatment technology that will produce a better quality effluent that you are then putting into the ground and placing less of a burden on the soil to do any further treatment. 207 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Councilman Sanford-Is that the motivation for doing this, I mean in other words is the current system failed or is it just that you hope to have an improved system? Engineer MacElroy-I do not think we have any documentation of failure, the Lambrechts have owned it since January, the prior owner has owned it since September of ’04 so there isn’t Councilman Sanford-The next question is, is this in contemplation of an expansion from a two bedroom house to something greater than that? Mr. Lambrechts-No Councilman Sanford-Ok, so it is just, you hope to just upgrade your system for the current configuration. Mr. Lambrechts-Correct. We do not have any current plans for any expansion, so no. Councilman Sanford-That is a pretty direct answer. Supervisor Stec-Do you have anything else to add Mr. MacElroy, any other board members before we open the public hearing? Councilman Strough-I have got a few questions. Supervisor Stec-Go ahead, John. Councilman Strough-This is an Irish Company, I see Engineer MacElroy-Correct. Councilman Strough-Bord Na Mona Engineer MacElroy-It is Irish peat. Councilman Strough-If my Gaelic serves me right it means Mona is table whatever that means, it is still a nice name. It got pretty good reviews, from what I could read on line etc. about it, I do have a couple of questions though, In your drawing it does not show what kind of module you are using and I understand even from reading this but reading the other materials too, there are three types, there are the ones with weeps and ones with smaller weeps and ones with no weeps. I am assuming you are using the ones with thee weeps but it is not identified on the plan. Engineer MacElroy-It would be in the text on the second page where the specifications are given. Councilman Strough-The one that I am using is this one. It is not specifically in there. But, we will just assume that has got to be the case. Engineer MacElroy-I think between the sectional views and the text there should be reference to the weeps and also a sampling chamber provided in one of the modules. There is a third type of module that includes a sampling chamber and we specifically requested that. Councilman Strough-The one with weep holes is what they call the blue module and so we are going to go with that. Now, the force main is there going to be a check valve in that or is it going to back drain? Engineer MacElroy-It is going to drain back to the Councilman Strough-Then you got the check valve in the pump housing itself? 208 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Engineer MacElroy-Correct and there would be a drain hole within that force main that would allow that to drain back to the pump pit, that small volume that is within that length of force main that is common. Councilman Strough-That is all right, but it still wasn’t clear what you were going to do but I did see the check valve in the thing so I assumed that was the way it was going to be. Another thing I did not understand and maybe Mr. MacElroy you can explain it to me, number seven it is in the pump station design and installation notes. Number 7 it says buoyancy calculations should be performed when necessary. Engineer MacElroy-Right, in the condition where there may be high ground water, high seasonal ground water there could be a buoyancy effect of structures whether it is even a concrete septic tank or pump pit or in most cases the modules but it doesn’t we are not, certainly not dealing with high seasonal ground water with the buoyancy of, and I think you mentioned under specific pump stations so that is what we are talking about, buoyancy of the pump station but it is not a factor here. Councilman Strough-I agree with you, I just did not understand it. Thank you for explaining. The projected flow rate and I assume we did that and is it going to be dosed. Engineer MacElroy-Correct, in fact I will explain briefly it is a timed dose which is a better way to dose the wastewater to wherever, whatever absorption field that you might have in this case the peat module. Every two hours there is a certain timed dosed volume and in this case it is eighteen gallons that are split between two modules. Nine gallons per module every two hours. Councilman Strough-And that leads me to another question, I see between the two modules there is another … box. Engineer MacElroy-No, it is piped there is a header pipe a manifold but then Councilman Strough-And just a tee joint? Engineer MacElroy-It would split it equally, yes. The mechanism is there to split that flow so one doesn’t get more than the other. Councilman Strough-So, D boxes are not required for these kind of configurations? Engineer MacElroy-Correct. It is a pump system, it is under pressure as it distributes, so the D box would create atmospheric conditions so you do not have that anyway. Councilman Strough-All right, the other question I had with the dosing system that we have developed here is it going to be enough for those weekend summer spikes? That is one concern that I have. Engineer MacElroy-Yes. The design is for this side of the room, two bedroom house, this side of the room the spikes that you get, I know the situation and the argument that there is for both sides. You know it is designed, there is a certain, you know two hundred and twenty gallons a day per bedroom is the or a hundred and ten per bed room is the standard design in this case two hundred and twenty gallons a day that is generally a conservative figure under normal conditions. You will have those times when there might be six people in the house or ten people in the house over a period, a short period of time where that flow may increase but those are temporary conditions and it is the same as anybody with a on site system. The design address that or accommodates that over time. Councilman Strough-And the other question that since it is dependent on electricity because it pumps up to these modules, if the power shuts down does this also have a valve that shuts the water supply coming into the house off like we do in some other systems? 209 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Engineer MacElroy-Well, the simple answer to that is if the power is down to the, then your pump from the lake side water doesn’t work either. Councilman Strough-So, it is a built in process. Ok. That makes sense. Now, the other thing too is the module covers have vent holes and should be left exposed and provide for required air transfer to the bio-filter material. Now, there is any problems with odors because of that? Engineer MacElroy-No. That is a good question and often answered or asked and that is the response by the manufacturer and in practice, I have witnessed it myself. We have a system like this in place in, on Travis Point in Echo Bay. Councilman Strough-I read the reviews and no where did it speak of odor problems. I thought I would still ask. Engineer MacElroy-Let me interject one thing to, there is demonstration project currently going on in Skeneatles Lake. Councilman Strough-Right, I have got it right here. Engineer MacElroy-I know from, I know the project engineer for that project I have been in touch and at some point this summer they are going to invite engineers to go to the project. They had a seminar a couple of weeks ago unfortunately Roger and Dave were unable to go to but we invited to actually, I got them invited to be able to go and perhaps the next one they have, someone from the Town would be able to be there. It is a terrific program and demonstration project which is testing and monitoring ten different technologies. The Bord Na Mona Puraflow Peat System is one of them and I know from my discussions with Eric Merdock the Project Engineer that he is very happy with the results. They are getting great results of the tested effluent that is coming out of these systems. Councilman Strough-And it is there is one web site on site water treatment awareness is key to a clean environment by Amy Sorkum Curlin and they refer to the Skeneatles study that you referred to and particularly the Davidson residence is at least one that is getting the system. They do review it as a system that is very workable they are happy with what they are seeing, they have a couple cautionary notes, they do not think it will handle what they call FOG well, that is fats, oils and greases. It also says that we recommend that the home owner include maintenance in the contract with the installer if you do not abuse the filters they are highly reliable and we say you should be able to get at least fifteen years of life out of them. Is there a maintenance program that the manufacturer recommends here that you know of, because that is all it is make a reference to a Engineer MacElroy-It is not a prescribed maintenance program that the manufacture Bord Na Mona Offers, it is a relatively passive system as you may be able to understand, in just how the design that we proposed here helps in that system is that we are specifying a two compartment septic tank first of all with an effluent filter and that is key to minimizing whether it is the fats, oils and greases that might by pass and get out to the system so that is an effort to try and minimize that. That is just good basic design. Councilman Strough-I wondered if that was the case. Engineer MacElroy-The manufacturer talks about fifteen years because they really do not have a longer track record of that, everything that they have had to date is excellent the systems are used in many regional areas around the country, I have seen them in place in North Carolina, I know there has been cold claimant conditions in Minnesota, used as well. Those were some of the questions that I asked, when first looking into these is to how applicable was it to this area of the Country and based on their use and Minnesota and Duluth Area specifically I feel comfortable with that, proposing that in this climate as well. Councilman Strough-The garage does not have any living space above it does it? 210 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Mr. Lambrechts-No. Councilman Strough-Good. Like I said it got good reviews it looks like a good system it is an Irish System they make good beer in Ireland, lots of beer in Ireland and we know what beer produces and they hold up over there so they have been tested, ok. Thanks. Supervisor Stec-Anything else from the Board before we open it to the public? Councilman Boor-Just briefly, I did have the opportunity to go up to the property and its one of the things that I hope that we can do in the future and I know because we all have different schedules that is not always practical but as these come before the Board of Health I am hoping the Board Members can walk the sites and that is why it is so critical that we get information in a timely fashion and this certainly was in a timely fashion. Sometimes we do not get it that way though and changes come at us and it really you cannot get the full understanding from looking at a map and stuff. But, having said that I did have the opportunity, I don’t know, five weeks ago, four weeks ago to meet with Dennis on the property and I probably have a reputation of being a kind of a stickler on these things. But having walked it I have a pretty good feel for what this property offers, what it probably is able to do with effluent and between what you can see the existing garage and this house it is like a rock field, it is unbelievable. The notion that any system in there is actually functioning is questionable. Although as Dennis just pointed out there is no noticeable failure but the best soils are in fact up by the road, perhaps the only soils I am not sure, I am sure you have a lawn on the lake side I did not go down and look at that. Certainly behind the house it is an awful lot of rock so, and I believe I gave John the information packet that you gave me and I read as I am sure John has it sounds like you read it completely. It does look like a worth while system and relative to John’s question about fats, oils and greases I think certainly as a homeowner you are going to want to be aware of that because I am sure you do not want to be replacing these things. Also, the Town is working, I know Dan, myself, Marilyn and a few others were in a meeting at some point several weeks ago about wastewater management districts and probably one of the things I would like to incorporate should we go to something like that would be monitoring of such systems like this not only to protect the lake but probably also to get feedback on whether in fact these are as good as they are touted. It would be helpful for us in that respect. I really to not have any other comments at this point in time. Supervisor Stec-Why don’t I open the public hearing to see if the public has any questions or anything else to add and then we will have you back and the Town Board will probably ask some more questions after the public has had at least one chance. The Public Hearing is open and if there are any members of the public that would like to ask any questions or make any comments regarding this we would appreciate it and just raise you hand and I will call you. Mr. Salvador. Mr. John Salvador-Thank you and good evening, my name is John Salvador, do the drawings show whether or not this is a seasonal use dwelling? Councilman Boor-It is year round I believe. Mr. Salvador-Presently? Councilman Boor-Yes. Mr. Salvador-A year round dwelling on a septic system we have no idea what it is. Councilman Boor-That is my understanding. Councilman Strough-Approved by New York State. Mr. Salvador-Pardon me? Councilman Strough-It’s approved. Councilman Boor-No, he is talking about the current one. 211 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Councilman Strough-Oh, the current situation. Mr. Salvador-It sounds like all components of this system are new, it is a new system. As a new system does it meet the current Town Code Chapter 136? Councilman Strough-Since 1980’s they have been testing the system and it has proven itself. Mr. Salvador-Particularly with regard to the set back from the lake. Councilman Strough-The set back from the lake Councilman Boor-It is a hundred and eighty feet from the lake John. Mr. Salvador-A new system requires two hundred feet, they need a variance. Councilman Boor-And they are here. Mr. Salvador-Are they seeking that variance? Councilman Boor-No, I do not believe that they are. They are seeking one from the Councilman Brewer-From the property line Councilman Boor-If you are asking specifically are they asking for one that is a hundred and eighty some feet I do not see it, as I see it the reverse the way it is put here. Mr. Salvador-Well, they should be seeking that variance then if that’s, it is not significant it is ten percent variance. Councilman Boor-Are you suggesting that a new system needs to be or a new construction? Mr. Salvador-The Code says new .. Councilman Boor-Are you talking about new septic system or are you talking about Mr. Salvador-The Code refers to septic systems, it must be new septic systems Councilman Boor-I thought because in another instance you have referred to a dwelling not the system and I just want to be clear as to what you are referring to. Mr. Salvador-Well, in any case we should as long as they are seeking only a ten percent variance we should get that variance in the record. We talk about bedrooms this town held a public hearing almost twenty years ago where we debated the definition of a bedroom and it was supposed to be put into our Code and it never made it. Today, the Public Health Code talks about areas or rooms that are likely to be used as a bedroom and these are the kinds of areas that we talk about today out there that are likely to be used as a bedroom. We call them hobby rooms, workshops, dens, recreation rooms, libraries we have a case, a project before the Planning Board that has a full, that has a half bathroom and a library another one has a full bathroom off a den. Offices we even all them bonus rooms, lofts and porches. Those are all areas that are likely to be used as a bedroom and we should if that is the case we should count them as a bedroom. More importantly we must get our code tighten up so that we have this definition, everyone can work to the same definition. All of these septic systems in North Queensbury were supposed to be registered in 1989. It was a program undertaken by the Town as a requirement of the Park Commission. I do not know where those records are but that was something that we were supposed to do. I know notices went out, I know that they collected the data I just have no idea where the record is. That is all I have to say. 212 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Councilman Boor-John, I would just like to, the section of the Code that I think you are referring to is under 136-9 and it says, no sewage disposal fill or mound system may be located within two hundred feet of the shore line of Lake George for the repair or replacement of a existing systems the distance maybe a minimum of a hundred feet. So, in this instance a hundred feet would be appropriate but I understand your point and that would be for a new house. If a new house goes in that system would have to be two hundred feet so that is the difference. Mr. Salvador-It says new system. Councilman Boor-No, no it doesn’t. Listen I am going to read it really slowly, ok? No sewage disposal fill or mound system may be located within two hundred feet of the shore line of Lake George, ok? For the repair or replacement of existing systems the distance may be a minimum of hundred feet. Mr. Salvador-We are talking about septic systems and not houses. Councilman Boor-That is right, we are repairing that is exactly what we are talking about. Mr. Salvador-We are not repairing we are building a Councilman Boor-It is replacing it says replacement. Councilman Brewer-It says repairing or replace. Councilman Strough-In addition to that if you look at Appendix A Table I Councilman Boor-And we are moving it further away, Jonn. Councilman Strough-On page 136 A-1, it says horizontal separation distance from water sources, Lake George has it own distances, separation distance from in this case absorption field, right, one hundred feet, now it has two sub-notes next to that hundred feet, one is sewage disposal systems located on necessity upgrade in the general path of drainage to a well shall be spaced two hundred feet away or more. The other note if peculation rate is zero to three minutes per inch the distance becomes two hundred linear feet. So, it is one hundred feet unless one of those two exceptions kick in. Mr. Salvador-Thank you. Supervisor Stec-Thank you John. Mr. Drellos Mr. George Drellos-George Drellos, 27 Fox Hollow Lane. I hope these people get it that is for sure. I have got a question, specifically for Mr. Boor, and probably Mr. Sanford, I sat through a meeting here one night of an applicant not me personally. He was up here and you told the guy to go dig it up to find out if it was working and you put him through a lot. Councilman Boor-Absolutely. Mr. Drellos-Well, he does not know if it is working or not, I do not know what is the difference it is on the lake. Councilman Boor-Tremendous differences. Mr. Drellos-There is? Councilman Boor-Yea, this thing is, this parcel is two hundred feet deep, the parcel you are talking about the other night was Mr. Drellos-Is this a failed system? Councilman Boor-I don’t know if it is failed. 213 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Mr. Drellos-You don’t know. Councilman Boor-No, I don’t know. Mr. Drellos-But the other person you made, you told them to go dig it up with a shovel, what is the difference, Roger? Councilman Boor-I will tell you if you will sit there and let me complete it. One of them is a three season dwelling and I am moving toward allowing them to put, what, a holding tank in, George, we can do that in a three season dwelling. They will probably get a new system it is not probably going to be what they want though. That is the difference. We have to do what is in the best interest of the public. Their system isn’t any further away or minuscule further away, I am not referring to this application the other one from the water. We were not getting any advantage out of what they were offering. There is a tremendous difference here, this is going from eighty feet to a hundred feet more almost from the lake. I consider that substantial and in the best interest of the public the lake and the property owner. Mr. Drellos-Roger, I think you got double standards I think you are full of something. Councilman Boor-Thank you. Supervisor Stec-Thank you, is there anyone else that would like to address this application, Mr. Derby. Mr. Paul Derby-Yes Paul Derby, I actually did not come for this, this evening for this one but as it happened I was at a New York State Federation of Lake Associations Annual st Meeting at the 1 of May and they demonstrated this system that they are talking about and it appears to be an excellent system for lakes particularly when you can’t get back far enough for that. It is a very good system and the effluent coming out of there I think is the best we can do at this point. I would support that. Supervisor Stec-To me that is comforting here coming from you. Thank you very much Paul. Anybody else this evening? Ok. Applicants you want to come back and maybe take a couple more questions from Town Board Members? Do the Town Board Members have any other questions? Councilman Brewer-I have one question, how old is this technology, Dennis? Engineer MacElroy-In the US probably in the range of fifteen years. Again, it is an Irish Company and they have been developing uses of peat probably as by-products of other major uses of peat whether it is fuel or whatever it is used for, but this is Councilman Brewer-So fifteen years and there is really, I mean the technology changes all the time, what made you pick this system? Engineer MacElroy-Well, research that I had done on. Councilman Brewer-Rather than an Eljen of whatever? Engineer MacElroy-Well, it’s a step beyond an Eljen System or another fill system or in ground system, I think it just demonstrates first of all the owners interest in doing a better job it providing good treatment at a property that they have just invested in here on the lake. Councilman Brewer-No, I understand, I just, I want to understand for myself, when you go, when you have a client that wants to upgrade his system what makes you chose whether it is a Chevrolet or Ford or what? Engineer MacElroy-Good question, I think that, that site demonstrates some marginal conditions, the rock that is in the slope between the garage and the house that was where I 214 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 was hoping before we dug test pits we found that there was just a lot of fractured rock there, it wasn’t a suitable site. We found through pretty extensive test pits trenches actually in back of the garage or on the road side of the garage some more, some additional soils, better soils to depth. Councilman Brewer-So, you find out what kind of soils you have and then you find a system that is suitable for that type of soil? Engineer MacElroy-It is still, generalized around the lake there is a lot of marginal conditions, we do not have deep soils to bedrock and you are always on some slope that’s heading down gradient. It was I think an appropriate application of that technology. Another option perhaps would have been a holding tank, but this is just you know, far better than that situation, and you have got the soils to do it there, there is depths of five feet of soil where we excavated and found the soils are not terrific soils but they are still eight minute perks soils. Councilman Brewer-Can you augment the soils? Engineer MacElroy-Well, you can provide fill systems but you still need depending on how you read your regulations one feet or three feet of native soil to begin with. Councilman Boor-You have got to have native soils. Engineer MacElroy-In this case we are building right on top of that native soil. We are not necessarily adding fill to it. I am happy with the owners interest in trying to use a system that does the best job possible and an opportunity to get it in the Town of Queensbury. Again, I have done this in Fort Ann, Fort Ann quite frankly isn’t as rigorous as the Town of Queensbury but that was a very similar site in that there was, in fact it was even more severe as far as steepness of slope and presence of rock and what not. But, this is a good application and I am again, I am real happy with the Skaneateles demonstration project too, because it gives an opportunity, and I wish we could have it at Lake George, but Skaneateles got in first and they have certain funding and backing behind the City of Syracuse who is, Skaneateles is the water supply for the City of Syracuse so the City is actually funding and organizing that demonstration project. Councilman Brewer-Ok. Thank you. Engineer MacElroy-But we can all learn from that you know. Councilman Sanford-I actually think that the prior speaker made a reasonably good point, I think that some degree you could easily interpret this as a double standard. I think that Mr. Boor’s comment maybe accurate in terms of the dimensions of the lot making a difference but never the less the concepts are the same. What the issue is to me with all of these it seems is not necessarily whether or not the system is going to be an improved system, I think we all agree it will be an improved system. It is whether or not we are going to be facilitating through our approval an expansion of a dwelling in a critical environmental area. So, at the end of the day we are going to have perhaps more exposure to environmental concerns then we have presently. This is something that we have to wrestle with as a Town Board and in my approach to this maybe considered rather strong which is to try and condition approval upon an agreement on the part of the applicant for no floor print or living space expansion. I believe that, that is actually the appropriate approach that we should be taking with these things, although I doubt very much I will get the consensus of the Board on that. But, I ask the applicant the question at the beginning he told me he is not going to be doing that and I am going to be of course watching to see if an application does come in front of the Planning Board for such an expansion and I certainly hope that, that doesn’t happen. Now, for the record can you please re-emphasis or re-state your commitment to keep your home, currently the way it is. Mr. Lambrechts-We have no plans to change the footprint or add any square footage to it. Councilman Sanford-But, those plans may change maybe tomorrow or ownership. 215 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Mr. Lambrechts-I will re-iterate the answer was no the first time, I do not have any plans of expanding. Councilman Sanford-Thank you. Supervisor Stec-And I appreciate that, and it makes it easier for me to hear that from applicants, but certainly my ten year before my ten year on the Town Board was on the Zoning Board and I certainly am aware that these variances travel with the property not with the owner and that you may sell in two or three years and so your intentions are nice but you know and that’s, it is what it is. Councilman Boor-If I could just make one more comment because I can see where Councilman Sanford is coming from and there is some merit to that discussion. One of the things that I am hoping is that when we re-do our Comprehensive Land Use Plan and Zoning is that we address definitions relative to bed rooms and square footage in homes. I think that we can probably relieve that fear that we will be granting variances and then the next week we will see these large applications, or applications come in for expansion, but it should be noted by the Board that the system that is being put in is for a two bedroom system and you know. Supervisor Stec-And your comments are also good, but, Dennis I would add and at first I did not get your reference, I thought you were talking about the property, you were talking about the Board and you are right on the one hand and I can certainly see both arguments. On the one hand you have got, we do not want to grant you a huge system because we do not want to make it easier to say, you know, lets have you know the entire extended family live here this summer but by the flip side we recognize that these places are used for gatherings and there will be peaks that we want to make sure it is adequately sized to accommodate those unusual peaks so the applicant is often left in the middle saying well, how big is big enough to cover the peaks but not so big that a two bedroom I can stack them four high on the porch and get twenty people here and it is hard, and again, we do not know what your plans are whether or not you are going to come back in a year to seek a larger building let alone who is coming to dinner next weekend. So, that is the situation that we are in, in all of these and these are difficult for the Board to wrestle with but we do our best. Mr. Lambrechts-I can appreciate that. Supervisor Stec-Is there anybody else from the public that would like to comment on this application? Mr. Rahill to the microphone please. Mr. Bernard Rahill-I am only commenting right now on, Bernard Rahill, 37 Wincrest Drive in Queensbury, for my own clarification and also for clarification of your judgment. Nothing has been said as to the use of this property and I am not denigrating the property or saying anything positive but what is it used for? I know when I was a college student on Long Island Supervisor Stec-It is residential Councilman Boor-It is zoned residential. Mr. Rahill-this is going to be residential Supervisor Stec-It is residential Councilman Boor-It is residential. Mr. Rahill-Will there be rentals? Supervisor Stec-It is a private residence, it is a single family home. Mr. Rahill-So, therefore there is going to be no rental and 216 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Councilman Boor-We can’t Mr. Rahill-You have no control over that do you? Councilman Boor-No. And that is what makes these difficult. Mr. Rahill-That is just want I want to clarify, it is a very important matter, how the property is use. Thank you. Supervisor Stec-Thank you. Anybody else? Ok. I will close the public hearing is there any further discussion from the Town Board or a motion. RESOLUTION APPROVING JOHN AND SANDRA LAMBRECHTS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 12, 2006 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, John and Sandra Lambrechts applied to the Town of Queensbury Local Board of Health for variances from Chapter 136 to install: 1.a septic tank and pump pit five feet (5’) from the dwelling instead of the required ten feet (10’) setback; 2.a force main four feet (4’) from the property line instead of the required ten feet (10’) setback; and 3.an absorption field three feet (3’) from the property line (Road Row) instead of the required ten feet (10’) setback; on property located at 32 Russell Harris 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 June 5, 2006, 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 217 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of John and Sandra Lambrechts for variances from the Sewage Disposal Ordinance to install: 1.a septic tank and pump pit five feet (5’) from the dwelling instead of the required ten feet (10’) setback; 2.a force main four feet (4’) from the property line instead of the required ten feet (10’) setback; and 3.an absorption field three feet (3’) from the property line (Road Row) instead of the required ten feet (10’) setback; on property located at 32 Russell Harris Road in the Town of Queensbury and bearing Tax Map No.: 239.08-1-4. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANTHONY DAWSON th Supervisor Stec-The public hearing will be two weeks from tonight on June 19 at 7:00 P.M. in the activity center, the property is located off from State Route 9L Councilman Strough-Questioned if this was new construction where holding tank are not allowed? Councilman Boor-Questioned if this is a season dwelling, I want to get clarification, if this is a year round residence I do not believe we have the ability to grant that, but on a seasonal dwelling we can. 218 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Mr. Anthony Dawson-My name is Anthony Dawson I am the owner of the property, the intent is for a season dwelling. Supervisor Stec-If it wasn’t it would be a problem. Councilman Boor-Would you have a problem if we put something together in the resolution that made it, you would not be able to go to full year round. Supervisor Stec-Noted that we have done that before, it would remain seasonal. Councilman Brewer-Questioned how we police that? We can say they can only be there nine months of the year but who is going to know what nine months? I am not saying anything against this gentlemen or anybody else but how do you know? Supervisor Stec-In the past we have done seasonal as if it is not heated… Councilman Strough-What is to prevent me from buying it and put a heating system in and then I use it year round? Councilman Boor-You would be violating what I am asking to be put in the resolution for approval. Supervisor Stec-It becomes a code enforcement issue. Councilman Strough-Looking at the geography of the site you sometimes say some lots just are not meant to be developed. Supervisor Stec-The public hearing will be two weeks from tonight in this room at 7:00 P.M. vote taken RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANTHONY DAWSON RESOLUTION NO.: 13, 2006 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 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, Anthony Dawson has applied to the Local Board of Health for a § variance from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicant has requested to place a holding tank for a seasonal dwelling on property located off of New York State Route 9L in the Town of Queensbury, NOW, THEREFORE, BE IT 219 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, June 19, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Anthony Dawson’s sewage disposal variance application concerning property located off of New York State Route 9L in the Town of Queensbury and bearing Tax Map No.: 239.12-2-91 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 14.2006 BOH INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting. th Duly adopted this 5 day of June, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 HEARINGS 2.1Hearing-Jolley Associates Application for Variance/Waiver Request From Sanitary Sewer Connection Requirements Concerning Property located at 1412 State Route 9 220 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Supervisor Stec-I am not sure if anyone from Jolley Associates is here if they are, Mr. Nace if you want to come to the microphone. While you are walking to the microphone I do note and Mr. Shaw I think you are in the audience, maybe this is one of the ones that made its way through since we last talked about it but made it through with the multiple choice to the Town Board of one or two years and we have been interpreting that lately as a one year extension. Councilman Strough-The resolution is inconsistent in the first paragraph is does state one year and then in the second paragraph it goes one/two years. Supervisor Stec-In the Resolved it goes one/two so with that Mr. Nace, we have been approving one year these thing are relatively harmless to come back and approve another year, I do not know if that proposes a huge problem for your client? Mr. Tom Nace, Engineer-I do not think so. For the record, this is Tom Nace, Nace Engineering representing Jolley Associates. We are in the process of just starting on a site plan for rehabilitation or redevelopment of that entire site so that is the reason for the variance to give us time to get the site redeveloped and make a permanent connection to the new facility. Supervisor Stec-And again I will point out for the public this is the Exit 20 Mobil Station and we have had several of these over the last four or five months and they have all been approved and I think it is easier for the Board to approve but, it is nice to point out to the public that all that this exemption or variance waiver allows, it allows the deferral of a future connection it does not, there is no financial advantage to be gain by an applicant from the perspective of whether or not they are going to be paying for as though they were connected. They are still part of the district they still are assessed as though they were immediately tied in, it is just usually a timing thing because the property is going to be redeveloped. It is not like, a one year extension postpones paying sewer fees for a year. So, that is always nice to point out, that this is more of a convenience because usually there is some construction project on the horizon. I do not know if you want to add, but that is the stick that I do every time we do one of these. Engineer Nace-Nothing further to add. Supervisor Stec-Questions from the Board of the applicant? Hearing none I will entertain a motion. Councilman Strough-I will introduce Supervisor Stec-Seconded by Councilman Boor Councilman Strough-With the following clarification, that in the second Whereas it is to read one year extension, in the second Resolved, it will be a one year extension of time until th June 5 2007, 2007 needs to be filled in. Councilman Brewer-Questioned why we do not go into the end of the month. Supervisor Stec-It is a one year extension. Engineer Nace- I expect we will be back. Councilman Boor-Agreed to the changes. Vote taken RESOLUTION APPROVING JOLLEY ASSOCIATES’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER 221 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1412 STATE ROUTE 9 RESOLUTION NO.: 276, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Jolley Associates applied to the Town Board for a variance/waiver § from Town Code 136-44 for a one year extension of the Town’s connection requirements to connect its Exit 20 Mobil Station property located at 1412 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the site is scheduled for demolition and redevelopment in April 2007 or sooner and therefore the Applicant would like to postpone the sewer reconnection until that time, and the property’s current septic tank/leech field system is working well, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on June th 5, 2006, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and 222 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 BE IT FURTHER, RESOLVED, that the Town Board hereby approves Jolley Associates’ application § for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to th one sewers required” and grants a year extension of time or until June 5, 2007 in which to connect its Exit 20 Mobil Station property located at 1412 State Route 9, Queensbury (Tax Map No.: 288.16-1-3) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None 2.2Hearing – Daniel Lombard’s Application For Variance/Waiver Request From Sanitary Sewer Connection Requirement Concerning Property Located At 1477 State Route 9 Supervisor Stec-This hearing and the applicant you name for the record please Sir? Mr. Daniel Lombard-Daniel Lombard Supervisor Stec-Mr. Lombard, nice to meet you. This is identical situation also on Route 9, the reason why we are getting all these is because we recently ran sewer up Route 9. Again, we have had about eight or ten of these in the last few months, you are seeking a one year extension to tie in and again you will be treated, you will still get whatever bills you would have gotten and what not so there is no financial advantage from the Town’s perspective, maybe there is to you for your own personal plans. Do you have anything you want to tell the Board that we need to Mr. Lombard-The property is under contract to be sold, so the perspective buyers as soon as they get their Town of Queensbury permits they are going to knock the building down and so it makes no sense to do it right now. I would be real happy with the one year variance. Supervisor Stec-Questions form the Board? I will entertain a motion. RESOLUTION APPROVING DANIEL LOMBARD’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1477 STATE ROUTE 9 223 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLUTION NO.: 277. 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Daniel Lombard applied to the Town Board for a variance/waiver from § one year Town Code 136-44 for a extension of the Town’s connection requirements to connect the Scooter’s Auction Warehouse property located at 1477 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the property is under contract to be sold and the new owner plans to demolish the building in the fall of 2006 and therefore it would be a waste of time and money to hook the property up both now and again next fall, and the property’s current septic system is adequate, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on June th 5, 2006, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, 224 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLVED, that the Town Board hereby approves Daniel Lombard’s application § for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to th one sewers required” and grants a year extension of time or until June 5, 2007 in which to connect the Scooter’s Auction Warehouse property located at 1477 State Route 9, Queensbury (Tax Map No.: 288.00-1-59) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 3.0 PRESENTATION 3.1Paul Derby – Glen Lake Protective Association Mr. Paul Derby-I am Paul Derby and this is Mike O’Keefe President and Vice President of the Glen Lake Protective Association Reporting to the Town on the 2005 project at Glen Lake that was partially funded through the Town of Queensbury. This project was an herbicide treatment to control invasive aquatic vegetation specifically the non native Eurasion Watermilfoil and Illinois Pondweed. The Glen Lake Protective Association worked with the lake management firm LA Biological Inc. on this project. We are thrilled to report that this project was a tremendous success. We have given you copies of the post treatment assessment that Glen Sullivan, President of Allied as written and I would like to read into the record on the second page which is the one that he has the signature, the second and third paragraph which explains the assessment of the project. He writes control of the target plant species within the treated 45 acres was nearly 100%. Only one stem of Eurasion Watermilfoil was found in St. Mary’s Bay , where an inlet empties into the north shoreline. And I went and hand pulled that one stem last August. Illinois pondweed was found only adjacent to the primary inlet cove, and plants were mostly low growing to the lake bottom, and that is good also because they did not grow large and have seeds so that is how they reproduce the pondweed. Both St. Mary’s Bay and this inlet area contained an array of other submerged aquatic plants, including bladderwort, eelgrass, Common waterweed, water lilies. All of the types of plants exhibit tolerance to endothall, that is the active ingredient not.. the majority of the treatment area was a patchwork of clean substrate, and dense muskgrass (Chara sp) Elodea. Elodea was present in similar density prior to the treatment however bladderwort and ellsgrass were only found in the inlet coves. The survey of the untreated perimeter of the lake showed reasonably sparse plant growth, Elodea and muskgrass were found along parts of the southern shoreline, White Water Lily occurring in the western end. No other Eurasion Milfoil was found in the entire lake. So, that is all great. Essentially we achieved 100% control of what we were trying to do and not only that 225 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 there was control outside of the treatment area as Glen Sullivan had predicted we have some natural critters there probably moths and weevils that would migrate to other areas and they have done that. Further we are happy to report that the project went very smoothly for start to finish everyone on the lake really pulled together and cooperated particularly during the seven day water use restriction period where a few people had to get water or had to go other places. Also the Glen Lake Protective Association had a record three hundred and forty one members last year up fifteen percent and record maintenance contributions of more than twenty two thousand dollars which was well above what we have done in any of the other years and as we kind of predicted if we had a real project in front of people they would come through with that. We had zero complaints about weeds. So, this was all excellent. The process of lake management always goes on and we know that the plants as others will come back in the lake we expect them to. Now, that we have them under control we feel we can not have a huge project we do not have to be as aggressive in the control of those. But, we have other issues too, such as algae and nutrient loading from storm water runoff all these things that we are dealing with from year to year. In 2006 Allied Biological is coming back to do a full lake study a aquatic plant survey and a water quality survey and we are also in the very slow process of moving forward with the lake management district. That is going to be a long education process for lake folks. I did talk to a lawyer at the New York State ..Conference who is an expert on this and he is giving us guidance on how to go thorough it. Thank you very much and thank the Town for helping us. Supervisor Stec-On behalf of the Town Board and working with you and the Glen Lake Association the last several years on this and other projects but most recently this one, you guys ran a very professional operation you made it easy to establish this public- private partnership. It is a public – private partnership because the public has access to use the lake so we appreciate you allowing us public that don’t live on Glen Lake to come up to your backyards and boats and whatnot. It was a good project and I am delighted that it was more successful from a statistical standpoint then I think you all were hoping for and we were hoping for. It sounds like it was a very good project. Keep on top of it. Thank you both very much. 4.0 CORRESPONDENCE 4.1Ltr. May 25, 2006 Town Board Town of Queensbury Re: Town Clerk Appointment st Due to the resignation of my 1 Deputy Town Clerk I am making the following appointments from June 14, 2006-December 31, 2007. st 1.1 Deputy Town Clerk – Karen O’Brien effective June 14, 2006 2.Registrar of Vital Statistics – Karen O’Brien effective 5/27/2006 nd 3.2 Deputy Town Clerk-Rusty Rose Mellon effective June 14, 2006 Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury 4.2On file Building and Codes Report May, 2006 5.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR 226 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 - Town Counsel Bob HafnerSpoke to the Town Board regarding a resolution for Comfort Suites for out of district water agreement…read the following: RESOLUTION AUTHORIZING OUT-OF- DISTRICT AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ROYAL HOSPITALITY OUTSIDE OF AREA SERVED BY QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, a certain town property owner Royal Hospitality owns property located in the vicinity of the Queensbury Consolidated Water District, and wishes to obtain water service from the district facility but its property is located outside the district boundary and WHEREAS, such property owner owns property located at 1533 State Route 9 and is called the Comfort Suites Hotel WHEREAS, the Town of Queensbury wishes to supply this town property owner with such water service in accordance with Town Law Section 198 (3) NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent to enter into an out of district agreement with the Royal Hospitality in a form substantially similar to the standard out of district water contract in a form acceptable to the Town Supervisor, Town Water Superintendent and Town Counsel BE IT FURTHER RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements including collection of any fees from the property owner and signing such agreement in accordance with Town Law Section 198 (3) to effectuate the term of this resolution. th Duly adopted this 5 day of June, 2006 by the following vote: AYES: NOES ABSENT: Introduced by: Mr. Richard Sanford Seconded by: Mr. Tim Brewer (Action to be taken at the end of the resolutions) Town Counsel Hafner-Noted he had spoken with Mike O’Connor and Attorney from Niagara Mohawk (National Grid) we are trying to set up the closing for this Friday to transfer ownership of two parcels to the Town of Queensbury 6.0PRIVILEGE OF THE FLOOR Mr. Peter Brothers-Received correspondence from Warren Washington IDA the tipping fees for Warren Co. was 2.5 million and Washington Co. just over one million , I find these figures appalling. I understand there was a proposal with solid waste management district in Queensbury, has been voted down. 227 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Supervisor Stec-It was not voted on but it has been tabled indefinitely. Mr. Brothers-Requested a resolution to be sent to the County to say the Town is no longer interested in this initiative. Re; Recording of minutes Requested that the Town Board Minutes be word for word for every meeting because there is some information that I have mentioned before or other people have mentioned and that usually gets twisted around for the purposes of not having to disclose things that might be detrimental to someone politically per se. I understand if memory serves me right I believe Darleen is a member of the local Republican Committee and I think that does have perhaps some bearing. Town Clerk Dougher-I have worked here thirty seven years and I do not play political games, minutes are minutes they are not word for word transcripts, and as long as I am Town Clerk they will remain as what I have been doing in the past. Mr. Pliney Tucker-41 Division Road, Queensbury, West Glens Falls, N.Y. Re: Stone for Park on Layafette Street and Duke Concrete what became of that? Councilman Sanford-I spoke to the Recreation Director and aired the concerns that I heard from the Representative of Duke Concrete, the Recreation Commission is aware of the concerns and they are going to be meeting later this week, they will be making a decision on whether or not they are going to change. I expressed my concerns as well as the concerns of Duke Concrete that if these are comparables then all due consideration probably should be extended to Duke as a local company and as a company that has worked well with the Town of Queensbury on projects like this in the past. The real rub as I was concerned was the Rec. Committee came in front of the Town Board and requested additional dollars for these projects because they had some overages, and yet in the quote these alternatives were identified which would have resulted in a reduction of a few thousand dollars and they still came an received approval from this Board for the higher end when they could have come in and taken the alternative that the O’Connor Construction Co. had as an alternative and requested three or four thousand dollars less money than what they did request. That should be factored in and explained to the Rec. Committee for consideration. I do not know how this will be resolved. I believe that they feel there is an esthetic appeal to this particular block that they are going to be purchasing out of I think Schenectady rather than Duke Concrete. Mr. Tucker-Duke was looking for an opportunity to get a shot. Councilman Boor-Spoke to a Representative of Duke on this topic he was concerned that the architectural drawings that were present really didn’t allow for any other stone to be considered. There was only one dealer that carried this stone. Ask the Board to relay to all departments when we have projects that are like this where certain materials are purchased and a variety of materials are purchased that each specific material is also on a competitive basis. Budget Officer Switzer-If you go back and look at the bid specifications it did specify a certain type of material but it also had next to it or comparable material. Councilman Sanford-If this was all within the understanding of the budget then I would feel it would be appropriate for the Rec. Commission to factor in what they wanted, but when they had to come to this Board and say we need more money and we give them the money and then find out they are going with the higher priced option, it just doesn’t work well with me. Budget Officer Switzer-That may be your misunderstanding of what you received from both the Purchasing Agent and Steve as the Park Director, right in the specifications and right in the bids that came back were it specifies what the original bid was and what the credit would be with those alternatives. Councilman Sanford-That was in there, it was rejected that was my point. The Committee went with the higher priced option and then came to us and said we need more money for the higher priced option, they would have needed more money anyway but they needed 228 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 additional money for the higher priced option, I as a Town Board Member was unaware that there was a lower cost alternative. Budget Officer Switzer-I believe that the sheet you got with all of the information, with the resolution that you bid on I think it spelled that out on there. Councilman Brewer-It did, the difference was like seventeen hundred dollars. Councilman Sanford-It may very well have been in the paper work, when we discussed it at a workshop we were never given an option in any way shape manner or form as a Town Board that we need additional money we are willing to go for this amount of additional money with this option A or a reduced amount with option B. The understanding was that they went in and said that they wanted option A. Budget Officer Switzer-I just want to make sure that you know that just because the Rec. Commission comes forward and recommends it you do not have to say yes. Councilman Boor-Here is a good example, if you look at the same situation occurred with Duke relative to the school and the reason they chose the brick was a Superintendent at the time said this brick matches the existing brick much better, you go there it is not even close. So, the notion we would pay fifty cents more a brick for an incredible amount of additional dollars and it was not close to what the old school was I think that sets a bad tone in the community when you have a supplier that can substantially reduce costs and the reason for not using them is not accurate. I think Duke as I understand it has contributed to visa vie other agencies whether they be the Boys Scouts or whatever Trout’s Unlimited material to Hovey Pond and yet they are kind of opted out of being really looked at in a serious way. Maybe true, maybe false, but I would like to think that as a Town Board that we pay particular interest to local businesses and try to work with local business. Budget Officer Switzer-That is something we have to work into and as Richard said all the Department Managers need to made aware of it as well as the Purchasing Agent, that , that language should be added in there. Councilman Sanford-I do not think as a Town Board we want to micro manage to that level of detail, what we want is the appropriate right thing done on these types of projects, that means giving a little extra consideration for a vendor who is local who has been supportive of the Town and the Community. My understanding is the reason they went with the higher priced products was in part thorough the recommendation of the landscape architect. That is also concerning to me, I think in that particular case I think I pointed out in the past that the landscape architect was hired in a non competitive bid situation because he has served the commission well in the past and so has Duke Concrete. I would appreciate Duke Concrete receiving that some kind of consideration. Councilman Brewer-I understood it that the Rec. Commission themselves wanted a particular type of look, they did not tell me who recommended it, Duke did not make the product how can you get mad if they do not make the product how can they bid on it. Councilman Sanford-Well they make a comparable. Councilman Brewer-Structurally they make a comparable, esthetically they don’t apparently is what I was told. Councilman Boor-The fact of the matter is we could have a pile of one here and one other there and there isn’t one member up here that could tell you which one we selected, I think we could do a better job that is all. Mr. Tucker-People from Duke Concrete’s biggest concern was that they got told by the Rec. Commission this is the one we are going to use and that is it, they would not look at Duke’s. #2 Re: Animal Control Officer a. How was he chose b. How much we are going to be paying the teacher to train him 229 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Councilman Sanford-Two issues of concern a. Since Marilyn had supervisory responsibilities over the Animal Control Officer if she does not understand the job well enough to provide a certain level of training to that individual then how can she evaluate the performance of that person in executing their job responsibilities? I still have those concerns. b. The other issue, how we were to go about hiring this temporary position and the liabilities particularly workers comp liabilities because at that time she suggested a certain hourly rate as a contracted employee without investigating to a sufficient level whether or not that person would have their own coverage on workers comp. She researched it and worked with other people and they put the person I believe on a temporary basis as a W2 employee so the compensation issue was satisfactorily addressed. Re: interviewing process and the selection it goes back to your prior question, it is a balancing act that I at least go thorough on so many of these employment resolutions as to what degree is it appropriate for me as a Town Board Member to try to mico manage department heads and quite often I have concerns and yet on the other hand I have to balance my concerns with whether or not those concerns are justified or whether or not I am maybe going a little bit too far into the business of others who are hired to execute those responsibilities. A person was hired as a trainer will be W2 and will have worker comp insurance and that is how it was resolved at the workshop. Mr. Tucker-Questioned how long they will be hired for and the amount of pay… Councilman Sanford-I think it was for four weeks at twenty hours a week. Budget Officer Switzer-I do not remember the rate, approximately $15.00 to $20.00 per hour. Mr. Tucker-Did this gentlemen come off a list? Supervisor Stec-Yes. Mr. Tucker-Civil Service, he passed an exam? Councilman Brewer-He was in the top three. Mr. Tucker-Then we have to teach him how to do the job. Supervisor Stec-Yes Mr. Tucker-Re: Hudson River Park – Asked that a flier be read into the record. Town Clerk Dougher-New Hope Christian Fellowship Pastor Wayne Mattison, Pastor William Ingraham 73A. Staple Street, Glens Falls, N.Y. 12801 Come Join Us For Praise Service Every Sunday Morning At 10:30 A.M. at Hudson River Park Off From Big Boom Road, Glens Falls, N.Y. Also join us every Wednesday Evening AT 6:30 for Bible Study call for more information. Supervisor Stec-Noted that we will be asking our Attorney to look into this … Mr. George Drellos-George Drellos 27 Fox Hollow Lane Re: Town wide pick up of leaves and brush…was a good idea with good intentions but now you see piles all over the place for months no reflection on the Highway Dept. they are probably overwhelmed, at some points you will have to set down, is it worth continuing, the whole town does not look very nice anymore. Councilman Brewer-The letter that is sent out and is in the newspaper, do’s and don’ts you are supposed to put it out the weekend before the week of your Wards pickup and people are putting it out when they are done. Councilman Sanford-Noted he had received a lot of phone calls from Ward II and I have to agree with what George is saying, I think a lot of bad will rather than good will was generated from an effort that is supposed to be a positive thing for the community. The concerns and questions I received was this is supposed to be a spring clean up and my brush 230 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 is going to be picked up on or around June, June is summer time not spring time. People had their bags out for months and then those bags don’t hold up and if they break down they are not going to pick them up and that creates another problem. Mr. Drellos-This may be something to be looked at in the future maybe it is time to say sorry and maybe open up the landfill to let them in. Supervisor Stec-We will look into this. Councilman Strough-Noted an issue in his Ward was the bags being broken into… Mr. Drellos-RE: No parking signs. Councilman Brewer-They are up. Mr. Drellos-West Glens Falls has more manhole problems? Supervisor Stec-Yes, there were a few more discovered by the Highway Dept. Mr. Drellos-Roger nothing personal I would like to see it fair for everybody, I know there is different circumstances with these things I do not want to see them turned down obviously, I just think you give the other ones a hard time that is all, just to be fair, that is all. Mr. Bernard Rahill-The Town of Bethlehem has the same collection program that we have and they give back compost to homeowners free of charge, suggested that the Highway Dept. investigates what has been done in that town. I think we have a service economy and it is important to the homeowners in the community and timeliness is important also. #2 Post Star Article Warren County Supervisor has vision to have a center for Warren County in Lake George. Trickle down economics, money coming from people who are going to come to the community and spend money in the community and therefore it will benefit all of us. As far as I am concerned and I know that State Legislatures say all the time, our big issue is we have to reduce taxes. I recommend that the Warren County Board of Supervisors and the Queensbury Supervisors and you Mr. Stec think about providing all of that money for the Schools of Warren County. Take the bed tax to help defray the cost of education in Glens Falls and Queensbury on a proportional basis on a per capital basis for all the schools. Mr. John Salvador-Re: Occupancy Tax The money was to be used to bring more people to the area. Do you know what we are using it for, there is virtually no advertising out there. Re: Article in Lake George Mirror talking about the Lake George Park Commission and the Adirondack Park Agency have failed to compel municipalities to protect the environment. The Lake George Waterkeeper and the fund for Lake George charge in the lawsuit asking the Courts to rescind approvals for a Lake George Subdivision. . We segment every project we look at we do not know what a comprehensive review is. Noted the subject of the critical environmental area in North Queensbury has fallen by the wayside because we are not considering that in all of our reviews the projects are not getting adequate review. Gave a copy of a letter from Park Commission with the notice of adoption of State Environmental Quality Review Act procedure to the Town Board. It is staff that frames the projects for review and determines that project is complete for review, has all the documentation the Boards need for review and they are not doing that. Supervisor Stec-Asked for further comments, none were heard. 7.0 TOWN BOARD DISCUSSIONS Councilman Boor-Spoke on the French Mountain Memorial Highway Met Mr. Ralph Macchio he spoke about his desire to put cabins on the top of French Mountain. First that issue would typically go before the Planning Board not the Town Board and secondly I thought the notion somewhat ridiculous in as much as this is in the APA, a critical environmental aspects of that area and DEC approvals and certainly it is not something I 231 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 could have ever phantom that could take place. Something has taken place and the extent to which the environment has been damaged is remarkable in lieu of the fact not one permit exists. A portion of this is in Lake George and a portion is in the Town of Queensbury. Showed a copy of Studies of Activities on Lands of Macchio Town of Lake George and Queensbury, French Mt. Memorial Highway, wanted to credit Mr. Naviniski who gave both the history, the regulations that should be applied in an area like this. Gave credit to the Town Planning Board they have taken an approach that is probably going to get us where we need to be on something like this, and particular note on the efforts of Bob Vollaro the Chairman of the Planning Board. Visited the site with Mr. Vollaro, it was originally portrayed as a logging trail there are parts of it that are a hundred and fifty to two hundred feet wide that have been clear cut. Bear Pond Dam has been breached and the water level has been lowered so that wetlands could be cut. There are twenty five foot cut and fills over Class A trout streams, there are private properties that are not owned by Mr. Macchio I believe that were mined for fill in these vast gaps to get some kind in incline that would be obtainable in a vehicle. There is blue stone that has been washed into a the streams, the road beds are nothing but trees that have been covered up with earth. It would be very hard for anybody to describe what it really looks like up there and the notion that this exists now without one permit in place is mind-boggling to me. We have APA., DEC both of these organizations are aware of what is going on and yet I find an incredible lack of enforcement. The damage is done. A portion of this property is going to court because of a potential inappropriate conveyance. I would like to see those portions in the Town of Queensbury returned to their original state and a plan actually put in place before anything is ever done like this. I was fortunate enough to walk in on a meeting with Chairman Vollaro of the Planning Board, Chairman Abott of the Zoning Board, Marilyn Ryba Community Development Director, Craig Brown our Zoning Administrator, George Hilton who does our GIS, Pam Whiting was there and I described in detail exactly what has taken place up th there. Noted as of September 14 2005 there was a restraining order and nothing was to occur up there, there is photograph evidence there is documentation of work continuing, clear cutting, grading. After getting clearance from Legal Counsel, the Community Development Dept. was assured that the restraining order did not pertain to them. They have visited the site to their credit unlike the Town of Lake George and unlike the APA and unlike the DEC unlike any other agency Queensbury has put a stop work order in effect. We are seeking, further with regards to your current submittal to the Town of Queensbury Planning Board your submittal must be revised to include but not be limited to at least the following: All areas that have been and are proposed to be clear cut, areas as defined by the Town Queensbury Codes which includes a definition of clear cutting within the Adirondack Park. The determination of existing and proposed clear cut will most likely need to be done by a professional accredited forester. All areas where vegetation has been and is proposed to be cut within thirty five feet of the shore line of any stream, pond, lake or wetland. This determination will likely require input from both DEC as well as the Adirondack Park Agency. APA as I believe that the clearing has taken place as adjacent to both DEC streams as well as APA wetlands. This plan will need to be accompanied by a proposed reforestation plan for those areas impacted by the existing and or proposed cutting. All areas where any fill has been and is proposed to be placed within fifty feet of the shore line of any steam, pond, lake or wetland this determination will likely required input from both DEC as well as APA and as I believe filling has taken place adjacent to both DEC streams as well as APA wetlands. All areas where organic materials have been and are proposed to be included in any filling activities. All areas associated with the construction of a road currently and originally having a slope of ten percent or more. Storm water management report for the entire project existing and proposed. Delineation and mapping of all jurisdictional streams ponds and wetlands. I am please that we have a stop work order in effect or will have one I believe. It is important for the public to understand, the magnitude of this. I reviewed the deed which may or may not hold up, there are utilities easements in this deed. The notion that this was a logging trail was ludicrous; it is clear what the intent is on this. I am proud of Queensbury, I don’t think we got on this as quickly as we should but I hope we set an example of what we will not stand for relative to environmental impacts such as this. Councilman Sanford-I see this as a test for Queensbury because I did attend the Planning Board Meeting when this was discussed and I was hearing things that were concerning to me. It addressed the area of what our legal obligations are as a Town, that should not necessarily be the threshold that we try to achieve. I think we should be looking at what we want to do as a Town rather than what we are obligated to do. There was talk about leaving 232 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 the private issues to the private parties and not getting involved and not even factoring them in at the Planning Board level, encouraging the Planning Board to look the other way and address this without considering whether or not there are those issues that Roger was referencing in terms of private property conflicts and legal issues and things of this nature. I would like to see this as a testing ground for this Board to be active on that kind of an abusive situation to see this Board not only do what the letter of the law may obligate us to do but to do what is right and to prevent further destruction and to make sure that, the enforcement issues are properly address on the French Mt. landscape. I am glad we got the stop order in, I think we have a lot more to do on this. This is also potentially politically charged situation as well and you have to be concerned about that because of the people involved in this whole mess. I would like to see the Town rise to the occasion and not just let this application go in the direction that it is going to go to due to legal obligations, but to be pro active on this and to make sure we correct what I see is a terrible wrong. Councilman Strough-Noted he had viewed the highway that has been cut through it is very clear, it is disgraceful. 1. Town Heritage A History of our Hamlets there are Oneida Corners, French Mountain, Harasena, Jenkinsville, and many others. I think we can make a greater effort in preserving the history of our hamlet heritage, spoke on the project for Onedia Corners. On French Mountain Hamlet, there is one remaining structure the Howe/VanDusen house, it is currently part of the site that is a portion of the Comfort Inn Suite. Reviewed the history of the House; home of blacksmith Clark Howe Jr. and his family of nine children..the house needs a lot of work I understand that the developer would like to develop in the area where the house is and he is willing to allow the house to go to a proper place the Warren Co. Historical Society or Warren Co., if they would take it. In regard to placement; over the years several efforts has been put forth by the Warren County Supervisors to establish a visitors center by the Municipal Center by Exit 20, to date we do not have a visitors center suggested that this house could be placed as a visitors center and also act as a trail head for our bicycle and pedestrian trail network, it could serve several functions. This seems like a win, win situation, we preserve a historic structure and have a visitors center. Asked that Supervisor Stec, bring this idea to Warren County. 2. Spoke about sign for the school of past school accomplishments, requested that this be placed on the agenda for next week. Councilman Brewer-Demetrius Drellos was the regional winner of the Soap Box Derby and I understand that he goes to Ohio next. Noted that the parking signs on Sherman Avenue are now in place. Congratulated the Supervisor for his photo in the paper for literacy volunteer fund raiser. th Supervisor Stec-Literacy Volunteers completed their 16 annual Kiss a Pig for literacy fund raiser for the fourth time in a row I have won, I raised almost three thousand dollars the event brought in about nine thousand. They want a tribute year to Charles Jones the former Mayor of Hudson Falls, he had won the previous twelve years, Mr. Jones passed away last December they wanted to do a tribute to him and a lot of his family was there it was a nice event. Next year they are going to do something different. Thanked the public for attending, reminded the public of the towns web site www.queensbury.net, also thanked Glens Falls National Bank and TV8 for televising the Town Board Meetings. Councilman Boor, Dave Decker from the Watershed Conference and myself have started some conversations about a septic management district in North Queensbury particularly on the shores of Lake George to provide routine inspection and maintenance we will be talking about that in the near future at a workshop. 8.0RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF PARCELS OF LAND LOCATED ON HICKORY HOLLOW ROAD AND 233 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 STONEWALL DRIVE IN THE TOWN OF QUEENSBURY FROM ELISABETH DAY RESOLUTION NO.: 278, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Elisabeth Day has offered to donate to the Town of Queensbury two (2) parcels of land located on Hickory Hollow Road and Stonewall Drive, Queensbury designated as Tax Map No.’s: 297.6-1-3 and 297.6-1-2 to the Town’s Recreation Commission, and WHEREAS, the Town Recreation Commission has evaluated and approved the proposed donation of the two (2) parcels, and WHEREAS, the Town Board feels that acquisition of the parcels will benefit Town residents and therefore the Board wishes to authorize their acceptance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of two (2) parcels of land from Elisabeth Day located on Hickory Hollow Road and Stonewall Drive, Queensbury designated as Tax Map No.’s: 297.6-1-3 and 297.6-1-2 to the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or the Town’s Director of Parks and Recreation to send a certified copy of this Resolution to Elisabeth Day with a letter from the Town thanking Ms. Day for her generosity in donating the parcels to the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction including a Deed, Real Property Transfer Report and Capital Gains Affidavit in form acceptable to Town Counsel and take such other and further action as may be necessary to effectuate the terms of this Resolution. 234 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Councilman Sanford-Questioned since these are being taken off the tax roll to what degree were the properties taxed? In the future if we get these types of things I would like to know what the tax implications will be. Board agreed to change the wording of the resolution to reflect the ownership of the property being the Town of Queensbury. RESOLUTION AUTHORIZING HIRING OF REBECCA CALLAHAN TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 279, 2006 INTRODUCED BY Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Rebecca Callahan to work part-time for the Department as a seasonal Recreation Leader (Park Attendant at Gurney Lane), 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 Callahan is the step-daughter of Town Recreation Park Foreman Bruce Baird, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Rebecca Callahan to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Recreation Leader effective May 27, 2006, to be paid at the appropriate hourly wage approved for seasonal recreation positions, and BE IT FURTHER, 235 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 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 5 day of June, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Sanford-There are a few of these similar situations where there is family members who are looking for what I would call a summer job with the Town, I do not have enough information to basically know whether or not we are setting a policy here at the town level. What I like Dan for you to get back to the Board on, would be an analysis of how many temporary employees are hired during the summer season I would like to be informed as to whether or not they are advertised? Where or not interviews are conducted and I would like to know the ratio of town related employees that ultimately become hired to non town related employees. In essence what I am seeing here is a pattern that is not just today but lately is that we may have established a de facto a personnel policy and I am just wondering, is there sort of norm that exists that if you have a child that needs a summer job and we have an opening then you are ahead in the Q, I do not know that to be the case I would hope that maybe not the case I would hope that it is merit based. I do not know that because we only get to see the ones that were required to put as resolution because of that relationship. I don’t know that this could be just a drop in the bucket or it could be plurality of seasonal workers. Budget Officer Switzer-Noted the jobs are advertised. Supervisor Stec-Noted that the Rec. Dept. does interview for all positions. Budget Officer Switzer-noted that the school is contacted there are interviews that are held and I believe we hire approximately fifty to sixty youths in the summer, I can firm those numbers up for you. Councilman Sanford-I just want to be informed. RESOLUTION AUTHORIZING HIRING OF MICHAEL CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :280, 2006 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Michael Carr to work part-time for the Department as a seasonal Recreation Specialist (Lifeguard and Swim Lesson Instructor, Manager), 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 Michael Carr is the son of Town Aquatic Supervisor Elise Carr, and 236 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, Michael Carr worked for the Town for two years as a seasonal Recreation Specialist prior to Elise Carr being hired full-time by the Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Carr to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Recreation Specialist effective May 27, 2006, to be paid at the appropriate hourly wage approved for seasonal recreation positions, 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 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CHRISTOPHER O’BRIEN AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 281, 2006 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Christopher O’Brien as temporary Laborer to work for the Town Water 237 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 th Department during the summer, commencing on or about June 6, 2006 through September st 1, 2006, and BE IT FURTHER, RESOLVED, that Mr. O’Brien shall be paid $12 per hour as set forth in Town Board Resolution No.: 595, 2005 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION ACKNOWLEDGING APPOINTMENTS OF AND ESTABLISHING SALARIES FOR KAREN O’BRIEN AS DEPUTY TOWN CLERK I AND R. ROSE MELLON AS DEPUTY TOWN CLERK II RESOLUTION NO. 282, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Clerk has advised that her Deputy Town Clerk I recently submitted her resignation, and WHEREAS, the Town Clerk wishes to appoint current Deputy Town Clerk II Karen O’Brien as Deputy Town Clerk I, and WHEREAS, the Town Clerk reviewed resumes and interviewed interested candidates for the vacant Deputy Town Clerk II position and wishes to appoint R. Rose Mellon to such position, 238 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges the Town th Clerk’s appointment of Karen A. O’Brien as Deputy Town Clerk I, effective June 14, 2006, at the annual salary of $40,000, and BE IT FURTHER, RESOLVED, that the Town Board further acknowledges the Town Clerk’s th appointment of R. Rose Mellon as Deputy Town Clerk II effective June 14, 2006 at the annual salary of $24,500, subject to a six (6) month probation period and completion of a pre-employment physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING RYAN LASHWAY AS COMPUTER TECHNOLOGY COORDINATOR ON PERMANENT BASIS RESOLUTION NO. 283, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 550,2005 the Queensbury Town Board appointed Ryan Lashway as the Town’s Computer Technology Coordinator on a provisional basis until such time as Mr. Lashway successfully completed a six month probation period, a 239 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Warren County Civil Service Exam, if applicable, and met any other Civil Service requirements for the position, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr. Lashway is eligible for permanent appointment without further Civil Service Examination in accordance with Warren County Civil Service Rule XXII - 9, and WHEREAS, the Town’s Director of Information Technology has advised the Town Board that Mr. Lashway has successfully completed his six month probation period and therefore the Director has recommended that the Town Board appoint Mr. Lashway on a permanent basis, and WHEREAS, the Town Board concurs with the Director’s recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Ryan Lashway to th the position of Computer Technology Coordinator on a permanent basis effective June 5, 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Information Technology and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TOWN MAPS RESOLUTION NO.: 284, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 240 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, the Town of Queensbury has entered into a Local Tourism Promotion and Convention Development Agreement (Agreement) with Warren County, and WHEREAS, such Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to purchase 5,000 copies of the Town Map and a color proof of such Map from William & Heintz Map Corp. in the amount of $7,210, with occupancy tax revenues received from Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase of 5,000 copies of the Town Map and a color proof of such Map from William & Heintz Map Corp., in an amount not to exceed the sum of $7,210, with occupancy tax revenues the Town received from Warren County, to be paid for from Account No.: 001- 6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Director of Information Technology and/or Accounting Office to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before maps… Board requested that the fire and ems companies be contacted to see if there are any changes that need to be made on the map… RESOLUTION AUTHORIZING EXTENSION OF BID AWARDS FOR LIGHT SODA ASH AND ALUMINUM SULFATE/LIQUID ALUM RESOLUTION NO. 285, 2006 241 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 565,2005, the Queensbury Town Board authorized bid awards for chemicals for use by the Town’s Water Department for the first six months of 2006, including the award of the light soda ash bid to Astro Chemicals, Inc., and the award of the aluminum sulfate/liquid alum to Holland Co., Inc., and WHEREAS, the Civil Engineer in the Town’s Water Department has advised that the Water Department, along with Astro Chemicals, Inc. and Holland Co., Inc., have mutually agreed to extend the current bid awards for an additional six month period, and WHEREAS, the Town Board wishes to authorize such bid extensions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the following bid awards for the second six (6) months of the year 2006: Astro Chemicals, Inc.$298 1.Bid for Light Soda Ash to , for the amount of per dry ton delivered; and Holland Co., Inc., 2.Bid for Aluminum Sulfate/Liquid Alum to for the $256 amount of . per net ton, dry basis delivered; with payment for such chemicals to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 242 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 Discussion held before vote: Town Water Dept. Engineer Chris Harrington-With the rise in energy costs, we want to get a better price, using six months, it is a way to save some dollars per tonnage, between Chlorine, Soda Ash and Liquid Alum we spend approximately $80,000 per year. Councilman Sanford-Requested more information in the packets regarding these types of resolutions. RESOLUTION AMENDING GRANT AWARD FOR CASE FILE #5070 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 286, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5070, was determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.’s: 303,2005 and 304, 2005 the Town Board previously authorized a grant award of $20,000 and a loan of $2,020 for the eligible rehabilitation work to the subject property, and WHEREAS, upon completion of the prescribed work it was discovered that an additional $350 of repair work is needed, and WHEREAS, the NYS Department of Housing and Community Renewal has indicated that this project may go over the $20,000 grant limit for the purposes of make this additional repair, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT 243 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLVED, that the Queensbury Town Board hereby approves an amendment to the grant for Case File No.: 5070 in the Town of Queensbury, New York in the amount not to exceed twenty thousand three hundred fifty dollars ($20,350) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT : None RESOLUTION AMENDING GRANT AWARD FOR CASE FILE #5174 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 287, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5174, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, Resolution 524, 2005, the Queensbury Town Board previously approved a grant for this rehabilitation project of $10,700, and 244 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, the original qualified contractor on the project failed to start the work in the required timely manner, and WHEREAS, in instances where the awarded contractor fails to begin the work, the Town of Queensbury HOME Program Manual allows the Town to assign the work to the next lowest bidder, and such bidder/contractor has agreed to do the work, and WHEREAS, the next lowest bid cost to complete the work specified is sixteen thousand five hundred dollars ($16,500), and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a amended grant for Case File No.: 5174 in the Town of Queensbury, New York in the amount not to exceed sixteen thousand five hundred dollars ($16,500) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION RESCINDING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 288, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 245 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File # 5073 was determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, the loan funds were approved by Town Board Resolution No.: 483, 2005, and , WHEREASat the property owner’s request the scope of work for this project was reduced and the loan funds were not utilized. and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends rescinding this previously approved loan, NOW THEREFORE, BE IT RESOLVED that the Queensbury Town Board hereby rescinds Resolution No.: 483,2005 regarding Case File #5073, and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None Discussion held before vote: Councilman Boor-Was the loan actually obtained? Sr. Planner Stu Baker-No RESOLUTION ACCEPTING PROPOSAL FOR LEAD-BASED PAINT RISK ASSESSMENT RESOLUTION NO.: 289, 2006 246 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution 197, 2006 the Queensbury Town Board authorized the Town’s Community Development Department to prepare and distribute a Request for Proposals for lead based paint risk assessment services as recommended by the New York State Governor’s Office for Small Cities, and WHEREAS, the Community Development Department prepared and distributed Requests for Proposals to qualified businesses in the Queensbury and Capital District areas, and WHEREAS, the Community Development Department duly received and opened proposals from two (2) qualified businesses, and WHEREAS, the Community Development Department has recommended that the Town Board authorize and accept the lowest responsible proposal as submitted by Leadsafe Environmental who has offered to provide Lead Based Paint Risk Assessment to the Town on an on-call/as-needed basis for a three (3) year term beginning June 1, 2006 for a per single unit cost of four hundred ninety-five dollars ($495), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Leadsafe Environmental to provide Lead Based Paint Risk Assessment on an on-call/as- needed basis for a three (3) year term beginning June 1, 2006 for a per single unit cost of four hundred ninety-five dollars ($495), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation, including any agreement in form acceptable to Town Counsel, and the Town Supervisor, Executive Director of Community Development, Purchasing Agent and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: 247 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Sanford-How many inspections do we have in a year? Sr. Planner Stu Baker-They do the inspections on all the single family homes that we do annually as part of our rehab program, about twenty a year. Councilman Boor- Questioned if this was the only vendor? Sr. Planner Baker-We received two bids. They identify where the lead actually is. Councilman Boor-When did they take lead out of paint? Sr. Planner Baker-1976-79? Councilman Boor-Do homes post ’79 receive this kind of scrutiny? Sr. Planner Baker-No If the home is built after that date we are not required by Federal law to do the inspection and we don’t. Councilman Sanford-It looks like the closest office is in Connecticut and so I have to assume a good share of the five hundred dollar bill for each inspection is travel. Questioned if there was anyone based in Albany? Sr. Planner Baker-There are firms in Albany and one in Saratoga, they received the RFP they chose not to submit a bid. The second bid was from a fire in New Jersey, their bid I believe was six fifty per unit. RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ESTABLISHMENT OF ROUTE 9 AND GLEN LAKE ROAD TRAFFIC IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 290, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough th WHEREAS, by Resolution No.: 528.2005 dated November 7, 2005, the Queensbury Town Board authorized an Intermunicipal Agreement with Warren County in connection with roadway infrastructure improvements mandated by the New York State Department of Transportation (DOT) at the Route 9 Corridor/Glen Lake Road intersection including the installation of a traffic light with the understanding that the Town of Queensbury would pay up to $65,000 and Warren County would pay up to $235,000, and WHEREAS, the Town Board has received a request from the Town’s Budget Officer to establish the Route 9 and Glen Lake Road Traffic Improvements Capital Project (Project) outlined in a Memo from the Town Budget Officer, and WHEREAS, such proposed Project shall not exceed the amount of $65,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and 248 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, in accordance with the Town’s revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th June 19, 2006 to hear all interested persons and take any necessary action provided by law concerning establishment of any necessary capital reserve account and the funding of the proposed Route 9 and Glen Lake Road Traffic Improvements Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None Discussion held before vote: Supervisor Stec-Change the date of Public Hearing to June th 19.. Agreed to by the Board. Supervisor Stec-The Town’s share on this project was sixty five thousand. Councilman Boor-Questioned as you are on Glen Lake Road and you come to Route 9 and you are going to turn right it says you cannot turn on a red light, why can’t you at that intersection? Supervisor Stec-I do not know, that is a DOT question. I am guessing the sight distance coming up. Councilman Sanford-What if anything is the Great Escape contributing to the cost of this traffic light? Supervisor Stec-I believe the total sum was about $5 or $6 hundred thousand I do not remember the break down. RESOLUTION REFERRING APPLICATION FOR MOBILE HOME PARK EXPANSINO FOR QUEENSBURY VILLAGE MOBILE HOME PARK TO TOWN PLANNING BOARD FOR REVIEW/RECOMMENDATIONS PULLED (Resolution Introduced by Mr. Roger Boor, Seconded by: Mr. John Strough) Discussion: Supervisor Stec-They want to be able to place double wide mobile homes in their mobile home park. Councilman Strough-This is a mobile home park, and it is Queensbury Village Mobile Home Park located off Petrie Lane which is off Warren Lane, double wide’s go on foundations it is no where near mobile. This is a single family residential and if you take a look at the size of those lots and they say they can accommodate infiltration beds for a double wide and they say they can fit a double wide in the set back restrictions which if you look at any single family home none of them go to the full set backs all the way around their property lines, which this in effect would or close to it. You 249 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 are not talking about mobile homes anymore. They said we gave them permission before, well back in the 80’s or 90’s, I do not think it is an excuse for us to even consider allowing. Considering the lot sizes, considering the … I do not think we have to consider everything. I do not think we have to consider this request. Councilman Sanford-Can we consider discussing it at further length at a workshop to see how we feel about it as a Board? Councilman Strough-I do not want to waste the Planning Board’s time, I know where I am going to go with this. Councilman Sanford-I am not sure that the rest of the Board is going to agree with you. At the very least I would like to round table it to hear more of the concerns that you had. Pull it and make a decision later whether we want to consider the referral to the Planning Board. Councilman Boor and Councilman Strough withdrew their motion. RESOLUTION PULLED RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW RESCINDING PROHIBITION OF PARKING ON PORTION OF ALGONQUIN DRIVE RESOLUTION NO.: 291, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously enacted Local Law No. 6 of 1994 regulating parking on a portion of Algonquin Drive in the Town of Queensbury, such Local Law prohibiting parking on the east side of a portion of Algonquin Drive lying and existing between Sherman Avenue and John Street, and WHEREAS, the Town Board has received a request from Algonquin Drive residents to have the no parking signs along Algonquin Drive from Sherman Avenue to John Street removed and therefore the Town Board wishes to now consider adoption of a Local Law to rescind the no parking area on such portion of Algonquin Drive, and WHEREAS, such legislation is authorized in accordance with Town Law, Vehicle § and Traffic Law 1660(18) and the Municipal Home Rule Law, and WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, 250 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 th June 19, 2006 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING RECEIPT OF $36,924.11 IN ADDITIONAL OCCUPANCY TAX REVENUES FROM WARREN COUNTY IN CONNECTION WITH THE LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND WARREN COUNTY RESOLUTION NO.: 292, 2006 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 520,2005, the Queensbury Town Board entered into a Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town and Warren County to provide for the Town’s use of $30,000 in occupancy tax revenues received by Warren County, and WHEREAS, by Resolution No.: 100, 2006, the Town Board authorized certain amendments to such Agreement concerning expenditure of occupancy tax revenues, and WHEREAS, the Agreement provided for initial funds of thirty thousand dollars ($30,000) and any additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors, with 251 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, by Resolution No.: 364 of 2006, the Warren County Board of Supervisors authorized additional funding to the Town of Queensbury in the amount of $36,924.11, and WHEREAS, the Town wishes to accept such funds by Resolution in accordance with the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes acceptance of thirty-six thousand nine-hundred twenty-four dollars and 11 cents ($36,924.11) from Warren County such funds to be accepted and expended in accordance with the terms set forth in the Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town of Queensbury and Warren County, and BE IT FURTHER, RESOLVED, that specific expenditure of such funds shall be subject to further authorizing Town Board Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and the Town Supervisor and Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None Discussion held before vote: Councilman Sanford-Reviewed the Schedule “A” distribution of Occupancy Tax - Supervisor Stec-Spoke on how the Occupancy Tax was established and it’s history. Councilman Sanford-I am concerned about the base amount that is applied equally, some get more than what was generated in tax. Supervisor Stec-There is no way that the State Legislature will revisit this…the good news is the Occupancy Tax in 2005 was up significantly over the ‘04 amount and Treasurer O’Keefe did report that year to date a 252 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 few weeks ago the ‘06 amount is ahead of the ’05 amount and he also reported that Queensbury has seen a large jump because of the Great Escape Hotel. RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 293, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1990-4400 001-9089-8089 35,612. (Contingency) (Employee Benefits) th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Councilman Sanford- Requested an agenda item at a workshop regarding accrual of sick time. (Councilman Boor left the meeting) RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 294, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION 253 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 SECONDED BY: Mr. Tim Brewer 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 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1990-4400 001-5132-4070 4,550. (Contingency) (Highway Garage R&M) 001-1990-4400 001-8540-2899 5,000. (Contingency-Misc. Cont.) (Drainage) 001-1315-4010 001-1315-1020 200. (Accounting Office Supplies) (Accounting OT) 001-1990-4400 001-6989-4720 43,000. (Contingency-Misc. Cont.) (Econ. Dev.-Consultant Fees) FROM: TO: $ AMOUNT: 001-8989-4414 001-6410-4412 23,300. (Comm. Svc. Contract) (Occupancy Tax) 001-7520-4414 001-6410-4412 17,000. (Museum-Comm. Svc. Contract) (Occupancy Tax) 001-7450-4414 001-6410-4412 10,000. (Museum-Comm. Svc. Contract) (Occupancy Tax) 001-1355-4740 001-1355-1020 2,000. (Article 7 Appraisals) (Overtime) th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Boor (Councilman Boor reentered the meeting) 254 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLUTION AMENDING 2006 BUDGET TO INCREASE APPROPRIATIONS AND AMEND FUND BALANCE RESOLUTION NO.: 295, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Route 9 Sewer District has incurred miscellaneous contractual costs greater than originally budgeted for, and WHEREAS, the Route 9 Sewer District has sufficient surplus fund balances and has met New York State Comptroller's requirements for the appropriation of fund balance during the fiscal year, and WHEREAS, the Town Board wishes to increase appropriations and appropriated fund balance in the Route 9 Sewer Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2006 Budget be amended by increasing appropriations and increase Appropriated Fund Balance in the Route 9 Sewer District Fund - Misc. Contractual Account No.: 038-8120-4400 in the amount of $5,200, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town's Budget Officer to make any necessary adjustments, transfers, or prepare any necessary documentation to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 255 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLUTION SETTING PUBLIC HEARING REGARDING TOWN HIGHWAY DEPARTMENT’S REPLACEMENT OF COLLAPSED MANHOLE DRAINAGE STRUCTURE LOCATED ON WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S PROPERTY AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 296, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, three (3) manhole drainage structures located on the Fire Company’s 33 Luzerne Road firehouse property have collapsed, and WHEREAS, this unexpected property damage will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Town Highway Department Superintendent has advised the Fire Company and Town Board that the Highway Department could make the needed repairs with the dollar value of in-kind services estimated not to exceed $1,500, where the Fire Company will pay the cost of the necessary materials which are estimated to be $1,875, and WHEREAS, the Town Board wishes to set a public hearing concerning the Town Highway Department’s proposed replacement of the collapsed manhole drainage structures on the Fire Company’s property and the corresponding increase in the Fire Company’s budget and amendment of its Fire Services Agreement, and WHEREAS, the Town Board feels that doing this will cost less to the Town’s taxpayers than the Fire Company paying to correct this damage by contracting with a third party, NOW, THEREFORE, BE IT 256 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the estimated $1,500 increase in the West Glens Falls Volunteer Fire Company, Inc.’s budget for the Town Highway Department to replace the collapsed manhole drainage structures on the Fire Company’s 33 Luzerne Road property, and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire th protection services, on Monday, June 19, 2006 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-The Highway Dept. discovered three additional manhole drainage structures that need repair, the Fire Dept. want to seal their driveways and re-stripe the Highway Supt. Richard Missita and Fire Chief Gordon discussed this and it made sense to fix this before the sealing and striping is done…The Highway Dept. needs the approval from the Town Board amending the Fire Co. contract to allow for the additional work. Board agreed to change the language in the resolution from Manhole Covers to Manhole Drainage Structures… Agreed to by the Board. Councilman Strough-Councilman Sanford received a phone call from So. Queensbury requesting an amended budget for new brakes on the fire truck, he suggested coming at the end of the year with your expenses and amend your budget all at once and for now manipulate your budget. Councilman Sanford-I asked them to put something in writing to the Town Board so we are on notice, at the end of the year we will consider whether or not there was any undue hardships that need to be factored in. Supervisor Stec-This will be an in-kind contribution that has a monetary value of fifteen hundred dollars, no one is getting more money. RESOLUTION AUTHORIZING OUT-OF-DISTRICT SEWER AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ROYAL HOSPITALITY, LLC/THE STARK GROUP, INC. CONCERNING THE PROPOSED COMFORT SUITES HOTEL TO BE LOCATED AT 1533 STATE ROUTE 9, QUEENSBURY RESOLUTION NO.: 297, 2006 257 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established and created several Sewer Districts as follows: 1.Central Queensbury Quaker Road Sewer District; 2.Hiland Park Sewer District; 3.Pershing-Ashley-Coolidge Sewer District; 4.Queensbury Technical Park Sewer District (District); 5.Reservoir Park Sewer District; 6.Route 9 Sewer District; and 7.South Queensbury – Queensbury Avenue Sewer District; and WHEREAS, at times some Town residents wish to obtain sanitary sewer service from one of the Town’s Sewer District facilities but their properties are located outside the Sewer District boundaries, and WHEREAS, the Town’s Wastewater Director has received a request from Royal Hospitality, LLC/The Stark Group, Inc., to obtain sanitary sewer service from the Route 9 Sewer District’s facilities its property located at 1545 State Route 9 (Tax Map No.: 288.8-1- 5.2) is located outside such District’s boundaries, and WHEREAS, the request is to serve the Comfort Suites Hotel to be constructed on such property, and WHEREAS, the Town of Queensbury wishes to supply Royal Hospitality, LLC/The Stark Group, Inc. 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 and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor and/or Wastewater Director to enter into a one-year Out-of-District Agreement between the Town of Queensbury and Royal Hospitality, LLC/The Stark Group, Inc. for 258 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 sanitary sewer service to serve the property on which the proposed Comfort Suites Hotel will be constructed located at 1533 State Route 9 (Tax Map No.: 288.8-1-5.2), and BE IT FURTHER, RESOLVED, that authorization for such Out-of-District Agreement is granted for one year as the subject property is located within an area to be served by a Sewer District Extension to be completed within one year by the Developer at no cost to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director to make all necessary arrangements, including collection of any fees from Royal Hospitality, LLC/The Stark Group, Inc., and signing the Agreement substantially in the form presented at this meeting, in accordance with Town Law §198(1), to effectuate the terms of this Resolution. th Duly adopted this 5 day of June, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Strough-In the agreement page 3 it states in the second Whereas, the District has installed sanitary sewer facilities as provided in a certain Map, Plan and Report on file with the Queensbury Town Clerk…there is no map, plan and report on file with the Town Clerk at this time, that is a future event that will occur within the year …requested that it be reworded to state “the District will install sanitary sewer facilities as provided in a certain Map, Plan and Report on file with the Queensbury Town Clerk; Agreed to by Councilman Sanford and Councilman Strough also agreed to the location address being changed to 1533 State Route 9. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JUNE 5, 2006 RESOLUTION NO.: 298, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 259 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Warrant with a run date of June 1, 2006 and a payment due date of June th 6, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of June 1, 2006 and payment due date of June 6, 2006 and totaling $513,795.52, 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 5 day of June, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS OF MEADOWBROOK ROAD AREA FACLIITIES - QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 299, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing water mains on Meadowbrook Road, Cline Avenue, Sargent Street and Wilson Street, and installing a water main loop on Meadowbrook Road and copper service lines to the 41 homes served, all in accordance with Town Law Section 202-b, and 260 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, C.T. Male Associates, P.C., professional engineers, have prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202- b(5); NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements are: (a) replacement of existing 6” diameter asbestos cement (ACP) and cast iron water mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Meadowbrook Road south of Quaker Road to Cline Avenue (1500 lf), Cline Avenue (550 lf), Sargent Street (430 lf) and Wilson Street (400 lf); and (b) installation of approximately 250 lf of 8” DIP water main along Meadowbrook Road south of Cline Avenue and 350 lf of DIP water main connecting Meadowbrook Road to the existing 6” main along Ridge Road to provide a loop connection to help improve service quantity and quality; and (c) replacement of service laterals to individual property lines with ¾” copper pipe. 2. The maximum amount proposed to be expended for such improvements is $700,000. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one- or two-family home will not be increased and may decrease as a result of the project. 261 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, June 19, 2006 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. th Duly adopted this 5 day of June, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held: Supervisor Stec-Announced that in the Meadow Lane, Meadow View area, water lines should be completed by Friday all the actual install work and now restoration will begin and is anticipated to be completed by the end of June. Councilman Sanford-Noted there has been a war zone there and there is a lot of issues and I am crossing my fingers that they will resolved shortly. 9.0ACTION OF RESOLUTION PREVIOUYSLY INTRODUCED FROM THE FLOOR RESOLUTION AUTHORIZING OUT-OF- DISTRICT AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND ROYAL HOSPITALITY OUTSIDE OF AREA SERVED BY QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 300.2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, a certain town property owner Royal Hospitality owns property located in the vicinity of the Queensbury Consolidated Water District, and wishes to obtain water service from the district facility but its property is located outside the district boundary and 262 REGULAR TOWN BOARD MEETING 06-05-2006 MTG. #20 WHEREAS, such property owner owns property located at 1533 State Route 9 and is called the Comfort Suites Hotel WHEREAS, the Town of Queensbury wishes to supply this town property owner with such water service in accordance with Town Law Section 198 (3) NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent to enter into an out of district agreement with the Royal Hospitality in a form substantially similar to the standard out of district water contract in a form acceptable to the Town Supervisor, Town Water Superintendent and Town Counsel BE IT FURTHER RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements including collection of any fees from the property owner and signing such agreement in accordance with Town Law Section 198 (3) to effectuate the term of this resolution. th Duly adopted this 5 day of June, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None Councilman Strough-There will be a wetland educational program here at 7:00 P.M. on th June 14 Queensbury Activity Center. 10.0EXECUTIVE SESSION NONE RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 301.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 5 day of June, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen Dougher Town Clerk-Queensbury