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2006-09-11-2006 MTG35 REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 567 REGULAR TOWN BOARD MEETING MTG#35 SEPTEMBER 11, 2006 RES #421-441 7:02 P.M. B.H. 19-21 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC SUPERVISOR STEC-Opened meeting. Moment of silence for the fifth anniversary of September 11th. 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 421, 2006 INTRODUCED BY: Mr. ROGER BOOR WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. JOHN STROUGH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 11 day of September, 2006, by the followingvote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID DUTRA REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 568 RESOLUTION NO.: BOH 19, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, David Dutra 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 a new, Code-compliant holding tank to replace the existing septic system on property located at 28 Nacy Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, September 25, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Dutra’s sewage disposal variance application concerning property located at 28 Nacy Road in the Town of Queensbury and bearing Tax Map No.: 289.6-1-33 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 11 day of September, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANDREA PEEK RESOLUTION NO.: BOH 20, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 569 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, Andrea Peek has applied to the Local Board of Health for a variance from Chapter 136 to install a leaching system (absorption field) eighty-eight feet (88’) from Lake George instead of the required two-hundred feet (200’) setback and one foot (1’) from the property line instead of the required ten feet (10’) setback on property located at 108 Rockhurst Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, September 25, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Andrea Peek’s sewage disposal variance application concerning property located at 108 Rockhurst Road, Queensbury (Tax Map No.: 227.9-1-11) 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 11 day of September, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Noted he had a brief conversation with Mr. Manz who is the engineer on this noting there are some standards he needs to be aware of in this red book, made sure that everyone on the board received a copy. If you read through to page 29, thinks there will be a lot of things that will be helpful when we get these types of applications. In this instance, not sure if they are going for a new house or not or if this is just for a septic system it is certainly relevant in light of some of the things I have read recently. For those out there that are considering applications like this there are some thresholds that have to be met that perhaps we have been a little bit lax on. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 570 RESOLUTION NO. 21, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back in to the Town Board of the Town of Queensbury. th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None 2.0 HEARINGS HEARING – BARCY ENTERPRISES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING REMINGTON BAR & GRILL PROPERTY LOCATED AT 940 STATE ROUTE 9 SUPERVISOR STEC-I don’t know if there are any extending circumstances or anything you would like to add to what we are going to consider here in a couple of minutes. MR. BARCY-The business is for sale and may be sold as other than a restaurant and the need for grease traps would not be needed at that time. Nothing is a certainty a delay would help. SUPERVISOR STEC-The delay we are considering is a one-year delay to the actual physical tie-in. Do board members have any questions of Mr. Barcy, okay hearing none I will entertain a motion. RESOLUTION APPROVING BARCY ENTERPRISES, INC.’S’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING REMINGTON BAR & GRILL PROPERTY LOCATED AT 940 STATE ROUTE 9 RESOLUTION NO.: 422, 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 REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 571 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, Barcy Enterprises, Inc. applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its Remington Bar & Grill property located at 940 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the building is for sale and could be sold as something other than a restaurant and grease traps would then not be needed if that occurs and the property’s current system is in working order and poses no problems, 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 th September 11, 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 BE IT FURTHER, RESOLVED, that the Town Board hereby approves Barcy Enterprises, Inc.’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants a one year extension of time or until September th 11, 2007 in which to connect the Remington Bar & Grill property located at 940 State Route 9, Queensbury (Tax Map No.: 296.13-1-11) 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, REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 572 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 11 day of September, 2006 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None HEARING- DAVID KENNY’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ADIRONDACK OUTLET MALL PROPERTY LOCATED AT 1444 STATE ROUTE 9 SUPERVISOR STEC-The next three they share a common owner. I was contacted early today, actually Darleen was one of the owners would not be able to make it this evening, but we felt that we could proceed with the hearings. They are all again similar to the last one on Route 9. Following resolutions approved. RESOLUTION APPROVING DAVID KENNY’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ADIRONDACK OUTLET MALL PROPERTY LOCATED AT 1444 STATE ROUTE 9 RESOLUTION NO.: 423, 2006 INTRODUCED BY: Mr. John Strough 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, David Kenny has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Adirondack Outlet Mall property located at 1444 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the hook-up is complete pending final plumbing service, as more fully set forth in the Applicant’s application, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 573 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 th September 11, 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, RESOLVED, that the Town Board hereby approves David Kenny’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers th required” and grants a one year extension of time or until September 11, 2007 in which to connect the Adirondack Outlet Mall property located at 1444 State Route 9, Queensbury (Tax Map No.: 288.12-1-22) 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 11 day of September, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION APPROVING DAVID KENNY’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 574 CONNECTION REQUIREMENT CONCERNING THE DAYS INN OF LAKE GEORGE/RED BARN PROPERTY LOCATED AT 1454 STATE ROUTE 9 RESOLUTION NO.: 424, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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, David Kenny has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Days Inn of Lake George/Red Barn property located at 1454 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the private septic system is pumped regularly and is in good working condition and the Applicant requests a postponement until a determination has been made concerning the impact of the road on the north side of the property, 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 th September 11, 2006, NOW, THEREFORE, BE IT RESOLVED, that e) 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 f) 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, REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 575 RESOLVED, that the Town Board hereby approves David Kenny’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers th required” and grants a one year extension of time or until September 11, 2007 in which to connect the Days Inn of Lake George/Red Barn property located at 1454 State Route 9, Queensbury (Tax Map No.: 288.12-1-21) 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 11 day of September, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION APPROVING DAVID KENNY AND JOHN BROCK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THEIR PROPERTY LOCATED AT 1468 STATE ROUTE 9 RESOLUTION NO.: 425, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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, David Kenny and John Brock have applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect their Kenny-Brock Partnership property located at 1468State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that there are potential issues with a road development planned along the south edge of the property line REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 576 and they wish to discuss all options that may impact the required sewer connection, as more fully set forth in the Applicants’ application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the Town Board conducted a hearing concerning the variance/waiver request on th September 11, 2006, NOW, THEREFORE, BE IT RESOLVED, that g) 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 h) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicants; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves David Kenny and John Brock’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants a one year extension of time or until September th 11, 2007 in which to connect their property located at 1468 State Route 9, Queensbury (Tax Map No.: 288.12-1-19) 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 11 day of September, 2006 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 577 3.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-Supervisor’s Report for Community Development for the Month of August on file in Town Clerk’s Office. 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 PRIVILEGE OF THE FLOOR BERNARD RAHILL, 37 WINCREST DRIVE-Spoke to the board asking the board to have the Recreation Supervisor, the Controller, Highway Department Supervisor, Ethics Board Supervisor, Planning Board Director, and Town Engineer appear at Town Board Meetings to give information presentations about what they normally do and about current projects one at a time for informational purposes. To have them inform the public about what is happening and to be able to answer questions about concerns noting it is not his intentions for these Town Officers be placed on a hot seat. It will add to your creditability as a Town Board and at the same time provide the public with knowledge. Spoke to the board asking for a warning sign, speed limit sign to be placed on Montray Road between Sweet Road and Route 9, noting it is an extremely dangerous narrow curve that could easily lead to head-on collisions it should be widen to make it safer. Spoke to the board noting he disagrees with the Town Board decision to return the two million dollars to residents. Spoke to the board regarding reestablishing the Environmental Advisory Council so that an environmental perspective can be formally incorporated into the Town planning for growth and development. JOHN SALVADOR, NORTH QUEENSBURY-Spoke to the board regarding the board receiving a copy of the Zoning Administrator letter of September 5, dealing with the tax parcel 226.19-1-89, regarding Mr. Brown and Dave Hatin visit to the site noting they did not find any violations or conditions that require further review or approval from his office. Spoke with Mr. Brown as suggested in the letter and he advises me that I am yet to receive a letter pertaining to Dave Hatin’s findings with regard to the size and operation of the onsite septic system noting he has not received that to date. Asked Supervisor Stec if he made the board aware of a letter that he addressed to the Department of State’s Office on June 26, 2006 dealing with his complaint against Dave Hatin with regard to the Collins property? SUPERVISOR STEC-Cannot recall seeing a letter not saying he did not get one cannot recall the letter you are talking about. MR. SALVADOR-It was necessary for me to put you on notice in order for this complaint to move forward. It is presently under investigation does not know what the findings are or the outcome. COUNCILMAN BREWER-Questioned under investigation by whom? MR. SALVADOR-The Secretary of State Office. REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 578 COUNCILMAN BREWER-What is it in regards to, John? MR. SALVADOR-The Collins property. Read sentence from letter. Spoke to the board regarding the Crandall Library Budget and their inclusion in the budget for a fundraising person. Noted his concern that he does not think the taxpayers should pay for this. It is not the practical thing to do to hire a specialized person like this for short term you should contract out recommended the funds that are in the budget for this position be stricken. Spoke to the board regarding the Resolution Authorizing the Preparation of Map, Plan, and Report for Wastewater Management to Serve the Properties in Rockhurst Area, strongly encouraged the board to adopt this resolution. This very same activity was done over twenty years ago it was done by Rist Frost noting Tom Nace did the work at that time. He submitted his report it has to be here some place in the Town, it should be exhumed and advantage taken of that. Spoke to the board regarding Resolution Revoking Approvals Set Forth in Local Board of Health Resolution NO. BOH 1, 2005 Sewage Disposal Variance Application to Steve & Debbie Seaboyer questioned if they were aware of the resolution. COUNCILMAN BOOR-No, not that I’m aware of. MR. SALVADOR-In fairness thinks they would want to be here to speak to this, encouraged the board to adopt this resolution. COUNCILMAN BOOR-They have nothing to do with it. They have already submitted application they know what they have submitted. MR. SALVADOR-The fact that a permit that has been issued is going to be revoked thinks the applicant should be put on notice. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Thanked Councilman Brewer for his help in straightening out the situation on the park property at the end of Division Road and Ogden Road. Spoke to the board regarding the budget noting there were talks months ago, regarding looking at different types of legal service questioned if this is still in the process. SUPERVISOR STEC-RFP is out we are waiting for the submission date to come then we will evaluate those that responded to the RFP. MR. TUCKER-Spoke to the board regarding the land deal at the Water Department would like to get information from the Town Attorney asked the process for obtaining information from the Town Attorney. SUPERVISOR STEC-Asked if he was talking about the deed that you did not like. MR. TUCKER-In one of board meetings the Town Attorney told the Town Board that they were going to turn the business over to O’Connor and Little. SUPERVISOR STEC-They did the title work. MR. TUCKER-Questioned if the land has been surveyed since the Town acquired it. REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 579 SUPERVISOR STEC-I’m sure it has not. MR. TUCKER-Questioned if it should be so you know what you have. COUNCILMAN BOOR-It should be spelled out in the deed. MR. TUCKER-Questioned if that made it so. COUNCILMAN BOOR-Thinks it does. We could survey it, but for what reason. MR. TUCKER-To know what you have the agreement was for 5 acres didn’t we end up getting 4.93 asked why? COUNCILMAN BOOR-My question would be is it really worth taxpayer money to find whatever portion is left. If there, was a project that required it if it was a pressing need, I am not sure that is a wise use of money to go out and survey to see if you have three hundreds of an acre. SUPERVISOR STEC-It took a long time and a lot of effort for Bob to be satisfied. Anything that we should have done I’m sure we’ve done and we have gotten the best title that we can get. It might not be the best title that exists given the circumstances our Attorney is saying that the title we got is more than adequate. We cannot get something that doesn’t exist. MR. TUCKER-Okay. Asked when the public will know what their share will be with the expansion of Crandall Library. SUPERVISOR STEC-That is a question for the Board of Trustees. The resolution tonight just talks about the Towns budget. COUNCILMAN BOOR-We certainly want to know. SUPERVISOR STEC-We will have the number, but I don’t have the number right now. MR. TUCKER-Asked if Supervisor Stec could find out when it is going to happen. SUPERVISOR STEC-We can find out. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Spoke to the board noting the Balloon Festival to be held on Thursday, September 21, 2006 official Opening Ceremony at 5:00 p.m., Crandall Park. There will be twelve plus balloons and the Stony Creek Band will be playing. Friday, September 22, 2006 at 6:00 p.m. at Floyd Bennett Memorial Airport Balloon Launch with sixty plus balloons, Saturday events starting at 5:00 a.m. going on most of the morning and the same with Sunday. Spoke to the board regarding the fall cleanup noting Ward One and Ward Two yard waste pickup will be done between REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 580 November 6 through November 10. Ward Four will be between November 13 and November 17. COUNCILMAN SANFORD-Spoke to the board regarding meeting to be held regarding the Comprehensive Land Use Plan noted a Workshop Meeting that may be held on September 19. SUPERVISOR STEC-Asked for a consensus of the board regarding date of meeting. TOWN BOARD-The ninetieth. SUPERVISOR STEC-Yes, the ninetieth. COUNCILMAN SANFORD-The purpose of the meeting is going to be primarily for the Town Board to start reviewing the document to try to get it in a form that we are all comfortable with so that we can then move on to the public hearing. For people who are interested make a note on September 19, 2006, 7:00 p.m., Workshop Meeting on the Comprehensive Land Use Plan. Spoke to the board regarding attendance of Department Heads at Town Board Meetings. Encouraged better attendance at the Town Board Meetings I kind of think it should be kind of a responsibility of the position of the Department Heads particularly Finance, Planning. We have so many issues that may come up in the course of the meeting, seems to recall that in the past, there tended to be a greater participation in terms of staff attending the meetings and lately it is more an exception rather than a rule noting he would like to discuss this at a Workshop. COUNCILMAN BOOR-Spoke to the board regarding his attendance at a meeting at the North Queensbury Fire House regarding to the formation of a Septic Maintenance District specifically for Rockhurst. We encouraged all those in the lake area Assembly Point, Cleverdale to attend because of the type of thing should it be popular should it move forward might be something that we might want to expand to those other areas. Ninety five percent of those in attendance were more than receptive to the idea of a Septic Maintenance District noting he was very pleased. It has become increasingly problematic for us to continue to allow expansions, new construction in these areas it is specifically because of this handbook that is put out by the State. It really, I don’t think has been a heard to as much as it should have in one of our departments. The importance of this I can’t state enough because our own Code 136, which deals with septic, sewer, and such reference this often and it even says in it when there is a conflict between our own code and what is in here that we must take the more stricter code we cannot grant variances to the State Code. It has become increasingly obvious to me I think others I made sure other board members got a copy of this. It would be great to read the entire thing, but I think if you read the first twenty nine pages you can get a real feel where we had some shortcomings I think we can make some improvements. Spoke to the board regarding Dave Decker who is the Director of the Lake George Watershed Conference and the resolution seeking grant monies and the establishment of the district, noting a Map Plan, and Report would be forthcoming. Received a call from Mike Grasso noting he has been lobbying to have the buoys corrected. Spoke to the board regarding his receiving of the REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 581 necessary procedure for establishing a Protection District on Lake Sunnyside. Shared with Bob Huntz who is the President of the Homeowners Association the recommendation from the Attorney noting he thinks it is not exactly what they were hoping fore. I am not sure if they are going to want to continue has not had feed back from Mr. Huntz. I do anticipate talking with him to see if it is still a viable option for them. Spoke to the board regarding having the Town Board, Chairman of the Zoning Board, Chairman of the Planning Board, Craig Brown, Dave Hatin have a meeting regarding septic issues. When applications come before any of the boards, there is continuity and an understanding of what is expected. So we know how this book is being interpretated and they know how we are interpretating it I think we can avoid a lot of issues. SUPERVISOR STEC-Spoke to the board regarding his attendance at the meeting held at North Queensbury regarding the almost unanimous support for the septic district. The Lake George Watershed Conference has the means and the ability to prepare a Map Plan and Report for the Town to move the process forward. To be prepared for the Town at no cost to the Town and it doesn’t obligate the Town, but it is a necessary first step. Spoke to the board regarding the Route 9 and 254 Improvements. The majority of the work will be done at night from 8:00 p.m. to 6:00 a.m. noting it should be completed within six weeks. It will elevate some of the issues at that intersection it will improve the leg of Aviation between Route 9 and the Northway. When it is all done I think we will have a much better intersection, safer, better flowing, more aesthetic intersection, also noted they are also going to avoid construction during Balloon Festival Weekend. 7.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 RESOLUTION NO. 426, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2007 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 25, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2007 Central Queensbury Quaker Road Sewer District Benefit Tax Roll, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 582 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 11 day of September, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 RESOLUTION NO. 427, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sewer District Benefit Tax Roll for 2007 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 25, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2007 Route 9 Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 11 day of September, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 583 RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 RESOLUTION NO. 428, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2007 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 25, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2007 South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION ADDING PFEIFFERS WAY TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.:429, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 584 WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Pfeiffers Way,” a private roadway located at 840 Bay Road, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Pfeiffers Way” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Pfeiffers Way,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 11 day of September, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT:None RESOLUTION APPOINTING BARBARA EDMUNDS AS ADMINISTRATIVE ASSISTANT TO COMMUNITY DEVELOPMENT DIRECTOR ON A PERMANENT BASIS RESOLUTION NO. 430, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 164,2005, the Queensbury Town Board appointed Barbara Edmunds as the Administrative Assistant to the Community Development Director on a provisional basis until such time as Ms. Edmunds passed the Civil Service exam for the position and successfully completed a six month probation period, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 585 WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Ms. Edmunds successfully passed the Warren County Civil Service exam for the position, and WHEREAS, Ms. Edmunds has also successfully completed her six month probation period and therefore the Town Board may appoint Ms. Edmunds on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Barbara Edmunds to the position of Administrative Assistant to the Community Development Director on a th permanent basis effective September 12, 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 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 #5345 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 431, 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 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 # 5345 has been 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 REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 586 WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Twenty thousand four hundred dollars and no cents ($20,400.00), and WHEREAS, property rehabilitation specifications have been revised to include additional work and the revised cost to complete the work is Twenty one thousand five hundred ninety dollars and no cents ($21,590.00), and WHEREAS, by Town Board Resolution No.: 377,2006, the property has been approved for a grant for Twenty thousand dollars and no cents ($20,000.00) through the Housing Rehabilitation Program, and by Town Board Resolution No.: 378,2006, was previously approved for a rehabilitation loan in the amount of Four hundred dollars and no cents ($400.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Revised Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a revised rehabilitation loan for Case File #5345, in an amount not to exceedOne thousand five hundred ninety dollars and no cents ($1,590.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5342 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 587 RESOLUTION NO.:432, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, whichever is less, and WHEREAS, a single family property Case File #5342has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Seventeen thousand eight hundred seventy five dollars and no cents ($17,875.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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 Town of Queensbury approves a grant for Case File #5342, Queensbury, New York, in the amount not to exceed Seventeen thousand eight hundred seventy five dollars and no cents ($17,875.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 588 RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS ON BALLOT REGARDING CRANDALL PUBLIC LIBRARY DISTRICT RESOLUTION NO.: 433, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District th be placed on the ballot at the General Election to be held on November 7, 2006, and WHEREAS, the propositions to be determined are as follows: 1.Whether the annual budget for 2007 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; 2.The election of one (1) trustee from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of these propositions on the th ballot of the November 7, 2006 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General Election th Day, Tuesday, November 7, 2006 in substantially the following form below: [1] BUDGET The proposed 2007 budget of the Crandall Public Library District is $2,452,174.00 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $885,356.00. Shall the proposed budget be approved? REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 589 [2] TRUSTEES TO BE ELECTED For one (1) vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one : Patricia Irion and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of the propositions to the Warren County Board of Elections or other appropriate officials and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 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-Noted he disagrees with the wording. It doesn’t get me any meaningful information to make a decision as a voter. It merely tells me what the amount will be I have no basis by reading this; this is the way it is going to appear on the ballot. SUPERVISOR STEC-That’s what they asked. COUNCILMAN SANFORD- It just doesn’t say anything is it good bad or indifferent. The language should say and this represents a rate of increase of 9.79 percent over what it was last year. Then the person has some basis for understanding it. By just throwing out a number, you don’t have a clue whether you are paying less or more or the same as the prior year. COUNCILMAN BREWER-We are the only ones paying more. COUNCILMAN SANFORD-We are paying more, but it doesn’t tell you that Tim. COUNCILMAN BREWER-I understand what you are saying. COUNCILMAN SANFORD-The other thing is I think we ought to indicate that in terms of the percentage of the total budget. We do know what the Queensbury percentage is and I think it ought to be also put in there as well REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 590 what we are paying as a percentage to the total amount so that the people have some basis for making an informed decision on how they are going to vote this is not to make a comment that I’m not supporting the budget. I have to tell you more and more every time I see these quasi-public tax issues come in front of the board here they seem to be a multiple of a CPI they don’t seem to be ever in keeping with the cost of living. Here we got a situation where you are talking you are now going to have a ten percent increase and the proposition doesn’t even state that. Again, whether we want to table this and revisit it or if there is way we can pass this with an understanding that we are going to put together language that is more informative it is up to the pleasure of this board. SUPERVISOR STEC-How about I suggest this. Off the top of my head one, I know that there is a window. Two, I don’t know exactly what the window is. Three, what we have done before and I think would allow us to act on this tonight, but give us some of that flexibility and I am looking for a spot to insert it. COUNCILMAN BOOR-How about you say after the eight hundred and eighty eight thousand this represent blank, blank, blank, increase over last years Queensbury… SUPERVISOR STEC-Rather than saying blank, blank, blank. I would rather say substantially….I agree it would be helpful. Although, I don’t why the Crandall Board pitched it to us this way. COUNCILMAN BOOR-I think the reason being is because I don’t remember what the number was when I went in and voted on it last time. SUPERVISOR STEC-It was eight eleven so we go from eight eleven to eight eighty-five. COUNCILMAN BOOR-It is a meaningless number. COUNCILMAN STROUGH-In addition to what Mr. Sanford and Mr. Boor and everyone is discussing. Maybe the residents of Queensbury would want to know as Pliney Tucker brought out what is the change. This might include the building addition I’m assuming. COUNCILMAN BOOR-This doesn’t. COUNCILMAN SANFORD-This is the operating budget. COUNCILMAN STROUGH-This is the operating budget. It is not the total budget right. COUNCILMAN BOOR-Yeah, the total operations with Queensbury’s share. COUNCILMAN STROUGH-Queensbury’s share I think last year was twenty-eight percent. SUPERVISOR STEC-Let me suggest this. On page 2 of the resolution right after the first resolved insert right before that colon, right there before it says, 1. Budget 2.Trustees be placed on the ballot in all Town of Queensbury voting REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 591 th locations on the General Election Day, Tuesday, November 7, 2006 in substantially the following form below. That allows us to insert we will do it via email we will insert that percentage verifying…. COUNCILMAN BOOR-That will work for me. SUPERVISOR STEC-It’s a good idea, but for the life of me there might be some sort of legal reason or maybe it’s a hey we only got room for so many characters. COUNCILMAN SANFORD-I believe that we have a fiduciary responsibility to the people to properly inform them on what they are voting. SUPERVISOR STEC-Right and you throw a total number out and that doesn’t necessarily say is it up, is it down, a lot a little. COUNCILMAN SANFORD-It doesn’t mean anything. SUPERVISOR STEC-Unless you are a budget nerd that knows exactly there is not that many people. COUNCILMAN BOOR-And knows how many people that are in Queensbury. I would accept that. th SUPERVISOR STEC-Did you catch that Karen. Right after November 7, 2006 I was going to propose and we will ask for the mover and second if they th are fine with it. November 7, 2006 add the words in substantially the following form below then everything else the same. Then that gives us the authority to tweak that proposition language to add a little more detail. I cannot remember who moved it and seconded it. DEPUTY CLERK O’BRIEN-Mr. Strough and Mr. Sanford. SUPERVISOR STEC-Are you comfortable with that as amended. COUNCILMAN STROUGH-I will agree to as amended. COUNCILMAN SANFORD-I’ll second it. SUPERVISOR STEC-Any other discussions hearing none let’s go ahead and vote. RESOLUTION AUTHORIZING PURCHASE OF TWO SODIUM HYPOCHLORITE STORAGE TANKS AT TOWN WATER DEPARTMENT RESOLUTION NO.: 434, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 592 WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Water Superintendent has advised the Town Board that the emergency replacement and purchase of two (2) 3200 gallon polyethylene horizontal sodium hypochlorite storage tanks is required at the Town Water Department, and WHEREAS, the Water Superintendent has received a quote from United States Plastic Corporation for such purchase for an amount not to exceed $17,400 for both tanks including estimated freight and has recommended that the Town Board accept this price and authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase of two (2) 3200 gallon polyethylene horizontal sodium hypochlorite storage tanks for use at the Town Water Department for an amount not to exceed $17,400 for both tanks including estimated freight, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment be made from the Capital Construction Account No.: 40-8320-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5422 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE AFFORDABLE HOUSING CORPORATION – AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAM REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 593 RESOLUTION NO.: 435, 2006 INTRODUCED BY: Mr. Roger Boor 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, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant Program (CDBG) to cover up to 40% of eligible project costs, and WHEREAS, a single family property Case File #5422has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Four thousand four hundred fifty dollars and no cents ($4,450.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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 Town of Queensbury approves a CDBG Grant for Case File #5422, Queensbury, New York, in the amount not to exceed Four thousand four hundred fifty dollars and no cents ($4,450.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 594 AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY, GLEN LAKE PROTECTIVE ASSOCIATION AND WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT CONCERNING STABILIZATION OF GLEN LAKE OUTLET DAM BANK RESOLUTION NO.:436, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Glen Lake is an important Town of Queensbury resource with public access and significant fishing and recreational opportunities for all Town residents, and WHEREAS, the Glen Lake Protective Association (GLPA) is a not-for-profit entity which has one of its purposes the protection of Glen Lake, and WHEREAS, the Queensbury Town Board met with the GLPA and the Warren County Soil and Water Conservation District (County) concerning the need to stabilize the Glen Lake outlet dam bank, and WHEREAS, Town Board supports this needed stabilization work in order to help maintain public safety, protect potential impact to Town highways and provide public access for all Town residents as Glen Lake has public access via Town-owned property, and WHEREAS, the Town Highway Superintendent agrees that such work is necessary and has offered the Town Highway Department’s help to do such stabilization work, including the provision of Town materials for a sum not to exceed $1,000 plus labor necessary to complete the work, and WHEREAS, the Town Board wishes to enter into one or more Agreements with the GLPA and the County regarding this project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the stabilization work of the Glen Lake outlet dam bank as set forth in the preambles of this Resolution and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 595 establishes appropriations in the amount of $1,000 for the Project to be paid from an account to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Accounting Office to amend the 2006 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Highway Superintendent to execute one or more Agreements between the Town, the Glen Lake Protective Association and/or the Warren County Soil and Water Conservation District in a form acceptable to the Town Supervisor, Town Highway Superintendent, Budget Officer and Town Counsel and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT :None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF SEPTEMBER 11, 2006 RESOLUTION NO.: 437, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of September 7, 2006 and a payment due date of th September 12, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of September 7, 2006 and payment due date of September 12, 2006 and totaling $331,730.76, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 596 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 11 day of September, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 438, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1410-2001 001-1450-4156 250. (Town Clerk – Misc. Equip.) (Election) th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 597 RESOLUTION AUTHORIZING PREPARATION OF MAP, PLAN AND REPORT FOR WASTEWATER MANAGEMENT TO SERVE PROPERTIES IN ROCKHURST AREA RESOLUTION NO.: 439, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board recognizes that the performance of onsite and clustered wastewater treatment systems is a concern and integral part of regional and state initiatives to protect and preserve the water quality and natural resources of the Lake George Basin, and WHEREAS, there are recognized benefits to be accrued by both, the community as well as individual property owners, through the establishment of effective wastewater treatment management programs; that include: ? Protection of public health and local water resources ? Protection of property values ? Ground water conservation ? Preservation of local tax base ? Onsite system life-cycle cost savings and WHEREAS, the Town Board, by soliciting public input has determined there exists a significant level of public interest in progressing the concept of ensuring the effective management of onsite wastewater disposal systems in the Rockhurst area of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED that the Queensbury Town Board hereby authorizes the preparation of a Map, Plan & Report and the corresponding environmental impact review required under New York State Environmental Quality Review Act (SEQRA) with the assistance of the Lake George Watershed Conference for the purpose of establishing an On-Site Wastewater Management District in the Rockhurst area of the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 598 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Wastewater Director and/or Budget Officer to take all such actions necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of September, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT : None DISCUSSION HELD BEFORE VOTE COUNCILMAN STROUGH-Suggested revision to the following sentence. What I suggest is that it go accordingly. Whereas, there are recognized benefits to be accrued by both, the community as well as individual property owners, and continue on. SUPERVISOR STEC-That’s fine that makes sense. RESOLUTION REVOKING APPROVALS SET FORTH IN LOCAL BOARD OF HEALTH RESOLUTION NO.: BOH 1,2005 - SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER RESOLUTION NO.: 440, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford th WHEREAS, by Resolution No.: BOH 1, 2005 dated January 24, 2005, the Town of Queensbury Local Board of Health approved the sewage disposal variance application of Steve and Debby Seaboyer, which application concerned the installation of a specifically designed septic system to replace an existing holding tank for the residence existing on property located at 83 Rockhurst Road, Queensbury (Tax Map No.: 227.13-2-36), and WHEREAS, the septic system approved by the Local Board of Health in accordance with Resolution No.: BOH 1, 2005 was never installed and therefore the original holding tank is still being used for such residence, and WHEREAS, the Town of Queensbury’s Building Permit No.: 2006-006 issued on th January 11, 2006 was issued for a septic alteration for new construction, and WHEREAS, as the Seaboyers’ intention is in fact for the approved, new septic system to service a new residence, and not the residence reviewed when considering the granting of variances, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 599 WHEREAS, more restrictive criteria are required for new construction within a critical environmental area (CEA), and WHEREAS, the Seaboyer’s residence is located in a designated CEA referred to as Lake George, and WHEREAS, as the variances granted in accordance with Resolution No.: BOH 1, 2005 were not for a new or larger house within a CEA but in fact for the house that existed then and now, and WHEREAS, the Town of Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article 11 Standards 136-7, “Compliance required,” states: “Individual sewage disposal systems shall comply with the standards of this article and with the most recent editions of the Waste Treatment Handbook – Individual Household Systems, New York State Department of Health, and Institutional and Commercial Sewage Facilities, New York State Department In the case of conflicts among these of Environmental Conservation…. standards, the most restrictive shall apply ,” and in view of such statement, coupled to the intent to tear down and rebuild, the building th permit issued on January 11, 2006 was in error in that it did not include the 50% set aside for replacement of the infiltrative area as required by the Waste Treatment Handbook – Individual Household Systems, New York State Department of Health, better known as the “Red Book,” as described on page 5, as other tests and measures required for such a “new construction project” within a designated CEA were also absent, NOW, THEREFORE, BE IT RESOLVED, that the septic variances granted by the Town of Queensbury Local Board of Health in Resolution No.: BOH 1, 2005 were never envisioned or intended to be used for new construction, and BE IT FURTHER, RESOLVED, that the proposed new construction on the Seaboyer property cannot benefit from such septic variances, and BE IT FURTHER, RESOLVED, that the septic variances granted by the Town of Queensbury Local Board of Health in accordance with Resolution No.: BOH 1, 2005 are hereby revoked, and REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 600 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby directs the Director of Building and Codes Enforcement to revoke Building Permit No.: 2006-006 issued to Steve and Debby Seaboyer concerning the Seaboyers’ property located at 83 Rockhurst Road, Queensbury and bearing Tax Map No.: 227.13-2-36 until such time as all necessary variances are granted for placing a new septic system within a critical environmental area (CEA) for the purpose of serving new construction, and th Duly adopted this 11 day of September, 2006 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-I want to talk about this for just one minute. Roger, I understand exactly what you are doing because we talked about it. Where does this put him now he comes back here to get a septic system first or should he go and get his site plan first? COUNCILMAN BOOR-Are you talking about for a new house, which he brought before the Planning Board? COUNCILMAN BREWER-Yes. COUNCILMAN BOOR-He would have to come back here. COUNCILMAN BREWER-But I guess then we would have to approve his house, too? COUNCILMAN BOOR-No. COUNCILMAN BREWER-The sizing of it. COUNCILMAN BOOR-When we granted that variance it was for the house, as it existed not a new construction. There is totally different criteria for building new homes in CEA’s than there are for making corrective measures on systems that are currently serving a property. COUNCILMAN STROUGH-I also understand that the system that we approved has been altered without consent. COUNCILMAN BOOR-The design has been changed from what we approved. COUNCILMAN BREWER-I don’t have any problem with it I just want to know where this puts the applicant. He will have to withdraw his application from the Planning Board come back here. COUNCILMAN BOOR-If he wants to attempt to build a new house, yes. COUNCILMAN BREWER-He has done nothing to the system that’s there with the house that’s there. COUNCILMAN BOOR-No. REGULAR TOWN BOARD MEETING 09/11/2006 MTG#35 601 SUPERVISOR STEC-Any other discussion, hearing none let’s go ahead and vote. DISCUSSION HELD Supervisor Stec-Thanked TV8 and Glens Falls National Bank for the broadcasting of Town Board Meetings. COUNCILMAN BOOR-Is is imperative that Dave Hating notified the Seayboyer’s tomorrow that this action has taken place. SUPERVISOR STEC-I agree. COUNCILMAN BOOR-Just so the public knows that resolution wasn’t completed until about two thirty or three this afternoon it would have been hard to inform them. SUPERVISOR STEC-Reminded people of the website www.queenbury.net RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 441, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 11 day of September, 2006 by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury