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2000-04-17 REGULAR TOWN BOARD APRIL 17, 2000 7:02 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL Bob Hafner TOWN OFFICIALS Henry Hess, Comptroller Mike Shaw, Deputy Director of Wastewater Harry Hansen, Director of Parks & Recreation Rick Missita, Highway Superintendent Mike Travis, Deputy Highway Superintendent Chuck Rice, Facilities Manager PRESS: G.F. Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 178,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 17th day of April, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - RICHARD & ELLIE FAUCHER NOTICE SHOWN 7:03 P.M. SUPERVISOR BROWER-The first thing on the Board of Health is a public hearing, a Sewer Variance for Richard and Ellie Faucher. Dave Hatin indicated he couldn't be here this evening. Are you Mr. Faucher? JOE ROULIER-No, I'm Joe Roulier, good evening and I'm here representing Ellie and Richard Faucher in regards to this application. Hopefully, I can answer any and all questions that you'll ask me. SUPERVISOR BROWER-Could you give us a little detail? MR. ROULIER-Yes, I'd be happy to. Actually, I just want to tell you that this is probably, having come in front of other boards, this particular application that I've proposed here is probably the most sincere request that I've ever made. The man that I'm working for unfortunately has lost one of his legs about six to eight inches above his knee and the request, because of that is why we have come forth to make the request for second floor bathroom. So, I really and truly believe in this particular case that this is a real hardship for this man and on a portion of that, I think your decision will have to be based. Principally, I'm, you know, I'm totally aware of all the regulations regarding the sewage disposal around the lake but I do think that there's particular circumstances. Principally, the layout or topography of the property that we're talking about that makes it almost difficult to comply with, with certain regulations. For example, the one hundred feet from the lake. I brought with me tonight a series a photographs that I took today over at the property so that you would be able to, if none of you have actually visited the property, you would be able to get some idea of what I'm talking about in terms of the steepness of the property, the cliffs that are involved on the property and the actual layout of where the current septic system is and how almost impossible it would be to relocate another system on that particular piece of property. If Dave was here, he would probably concur or I would hope that he would concur with me regarding what I'm telling you. But most of the properties in that particular area of Dunham's Bay are extremely steep properties all the way down to the water's edge and I know that most of the septic systems were installed some time ago on these properties and the times that they were installed were probably the best available locations for septic system installations. In this particular case and after I show you these photos, you, I would hope would agree with me that the current location of the septic system is really the only logical place that it could be installed. So, if you don't mind I'll bring the photos up so that you could look at them. DEPUTY TOWN CLERK BARBER-You saw the memo from Dave Hatin attached to your resolutions also? COUNCILMAN TURNER-Yes. COUNCILMAN STEC-Yes but I don't have a copy of the application though. COUNCILMAN TURNER-I've got it right here. COUNCILMAN BREWER-We got it a while ago and I do not have, yea, I guess I do. (Mr. Roulier presented pictures and reviewed site with the board) COUNCILMAN BREWER-Do you have any idea how big the system is, Joe, that's existing? MR. ROULIER-No, I do know there's a five hundred gallon steel tank that's used as the septic tank and I do not have any idea nor does the owner of the property what there is for either a leach field area. But I tend to think that it probably goes into a seepage pit because of the proximity and what is constructed right around the immediate area of the septic tank. In my discussion with Steve Sweet who pumps it our every other year, he told me that in his opinion, there is no, no leakage with the tank because every time he comes the tank is full and he felt as though the system was working properly. But I just want to tell you that the house itself is truly a seasonal house. You can't get in there in the winter months because of the steepness of the road down to it and it's used very, very sporadically throughout the summer months. COUNCILMAN MARTIN-That's probably what has contributed to the life of the system. MR. ROULIER-I would tend to think so, yes. COUNCILMAN MARTIN-Or used by family, a regular size family all year round, that might be an issue. MR. ROULIER-Now, this past summer I had an opportunity of working over there. We were working there for approximately a month and a half and at no time during that month and a half period did I ever find any source of leakage from the system or any odors from the system. COUNCILMAN BREWER-Is there any way we can test to see if it's leaking? COUNCILMAN MARTIN-You can do a dye test and watch it for a few hours. I don't know if it would show up anywhere though. MR. ROULIER-Yea, I don't know if you did a dye test, for example this time of the year and there was no, the property realistically, probably will not start getting activity to almost the Fourth of July weekend. So, if you didn't have any input going into the system right now, I think it's a good way to test the system but I don't think at this time it would give us an accurate indication of it working properly or not. COUNCILMAN MARTIN-I want you to all bear in mind, all this discussion, next time we talk about a centralized sewer system for North Queensbury. This is the very type of property that would be just a bear to put a lateral up to a main line. MR. ROULIER-And unfortunately, unfortunately this is from Dunham's Bay all the way to the first portion of Assembly Point. This is pretty characteristic of the properties along there. But if you look at the photos and the photos really, you know I'm trying to depict the topography of the property but until you actually drove to the property. COUNCILMAN BREWER-If these guys down at that end would share them we would be happy to look at them. MR. ROULIER-Oh, okay. I'm sure Mr. Martin would agree with me regarding the steepness and all of that property because I know that he's been up there. COUNCILMAN MARTIN-Yea, I've been up in that section of town a few times. If you look at the rock walls in the picture, those rocks came from COUNCILMAN BREWER-Probably on site. COUNCILMAN MARTIN-On site, no question about it. Any exploration into an application for a holding tank? MR. ROULIER-Mr. Martin, to be perfectly honest with you, I don't know where I would be to be able to a holding tank on that particular piece of property. If we put, I mean if we put it in the middle of the driveway that goes down to it, we could obviously pump up to it but there is, there is no suitable location on that property right now for a holding tank. COUNCILMAN MARTIN-Not even that, huh? MR. ROULIER-No because that was a consideration that I talked at length with the Faucher's about but there really, there really is no suitable location. COUNCILMAN MARTIN-And he's there how often a year? MR. ROULIER-He is probably there, maybe twenty-one to thirty days annually. It's only used, it's strictly used only in the summer months and like I say, in the winter months, there's just no way you can get in. In fact I was not able to get in to the driveway until approximately two weeks ago. COUNCILMAN MARTIN-Friends, family come or anything like that? MR. ROULIER-In the summer he has some children that come with them. They are from Massachusetts and they come over very, very infrequently. It does get use. I mean, there's probably up to six adults there on certain weekends throughout the summer months but it is very, very infrequently used. COUNCILMAN BREWER-How would you feel Joe if we asked you, say maybe the middle of July to perform a test to see if it's properly working? If it wasn't, then we could go from there to some way to remedy it. MR. ROULIER-The only, I have no problem with that request. The problem that I do have is that the time that the man needs it, if I wait until July to do the test COUNCILMAN BREWER-I'm not asking you to wait and build it. MR. ROULIER-Oh. COUNCILMAN BREWER-I'm asking you, if we ask you to perform a test MR. ROULIER-Oh to do, at least do the test. COUNCILMAN BREWER-If we ask you to perform a test MR. ROULIER-Oh, absolutely. COUNCILMAN BREWER-And it fails the test, then you've got to come back here and remedy the problem. MR. ROULIER-Yes. If that failed the test, then we would take measures to correct the problem. I would absolutely agree with that. COUNCILMAN BREWER-I would feel safe with that. COUNCILMAN STEC-Joe, how far is this well, or this septic system from the property owners and his neighbor's wells? COUNCILMAN TURNER-Fifty-five feet to his well. COUNCILMAN MARTIN-Fifty-five feet. COUNCILMAN STEC- That's his well? COUNCILMAN TURNER-Yea. COUNCILMAN STEC-But what about his neighbor? MR. ROULIER-There's no wells on the adjoining properties. COUNCILMAN MARTIN-Do you know how deep those wells are? MR. ROULIER-The well that is in the back, we replaced the pump last fall and I think it was about two hundred and fifty feet deep, his own pump. But there, but when I was over and I did, thank you Mr. Brewer, when I was over his property to get all of the dimensions, I went onto the adjoining neighbor's property and I couldn't find either well. There's no well so I'm inclined to believe that they do take their water from the lake. SUPERVISOR BROWER-And is this essential that they, that you're building an extra bathroom? Is this an essential need? MR. ROULIER-Yea, this is, the problem, there's only one bathroom in the house right now. It's a very small bathroom on the first floor. There's three bedrooms on the second floor of the house and there's no bathrooms on the second floor. We entertained the possibility of putting another bathroom up there. I talked to Dave Hatin about it who said that, all I would need would be a building permit at that stage as long as it's within the confines of the current structure. So, I could leave everything status quo, get a building permit and put it internal and still use the same septic system. But it's not really a practical solution for the people because the house is small and we felt as though it would be beneficial to increase the house by approximately sixty square feet, seventy square feet to put the additional bathroom in. But first and foremost is the problem of the man with his leg. What happens is that, when he goes to bed at night he told me that he has to take the artificial leg off. He has an artificial leg. So, consequently, when he has to get up in the middle of the night to use the bathroom facilities, he has to hobble down the stairs on one leg, use them and then try to get back up and as he, and the man is, he's probably sixty-five years old. And he said, "You know Joe, now I'm at the stage of my life I'm up two, three times an evening", and it becomes, it's getting hazardous for him to get up and down the stairs and he said, what he's had to do over the course of this last summer, is they bring a bucket up and then in the middle of the night he has to urinate in the bucket. Then they dispose of it, you know, in the morning because of the concern offalling down the stairs. SUPERVISOR BROWER-You know, Joe, one of the things that troubles me, I realize that this gentleman has a problem but one thing that does bother me is the fact that this house could change hands to another family here in a couple of years and they may want to make it into a full time, you know, want to live there year round. MR. ROULIER-And I think that's a legitimate concern, one I agree with you on. SUPERVISOR BROWER-And they may end up with a situation where they're contaminating, if they have a larger family, they may be contaminating their own water. COUNCILMAN STEC-Couldn't we condition any approvals on making sure that it does not become a year round residence? COUNCILMAN MARTIN-Well, I think at that point they'd have to come back in again because it's likely going to precipitate another structural change and they'd be back here again. SUPERVISOR BROWER-Well, it might not, it might not. COUNCILMAN MARTIN-Well, if you make it year round, you know, I've seen those older structures like that, they're usually just SUPERVISOR BROWER-Is it insulated? MR. ROULIER- There is insulation and there is heat in the building but it's not what I would consider to be a year round residence. I mean there would be, first and foremost, is that it's impossible to negotiate the hill. I mean you would literally have to put a ski lift in to get up and down out of this place so I think it would preclude the use of it through the winter months. COUNCILMAN MARTIN-How many square feet is the overall structure, Joe? MR. ROULIER-Approximately sixteen hundred. COUNCILMAN BREWER-Yea, I would never say never. MR. ROULIER-And I know, Jim, you know we've seen too many houses that have been converted over to year round use but the, but I have to also keep in my mind that, as Dave said to me and to reiterate this is that if I simply went in and reconfigure the current house, I could put an additional bathroom in. Now, whether it was still maintained by the Faucher's at that point or it was maintained by another party that purchased it, we could still have the two bathrooms in the structure. COUNCILMAN MARTIN-Well it's likely going to happen is that they not sell it by it gets you know, inherited or handed down to the kids or the grandkids and they, you know, increase the use and that's what usually happens. MR. ROULIER-But on the other side of the coin is that, if we do for an example put an additional bathroom on, the new bathroom would have water saving devices. It would have a one point five flush toilet, it would have a shower whereas the current bathroom that they have now, they use is three and a half to four gallons on the flush and the shower I'm sure doesn't have any water saving devices on it. SUPERVISOR BROWER-Would they be willing to, when they change over, would they be willing to use the, change the toilet in the other bathroom as well? MR. ROULIER-Absolutely. SUPERVISOR BROWER-Restricting the water flow. MR. ROULIER-Yes. They want us to actually give them a new layout for the bathroom on the first floor and at that juncture, what we would do would be to change them over to the current standards which are the one point five toilet and water restricting shower. But I do agree with Mr. Brewer that I think that fundamentally if there was a problem regardless of this request or not, it's a good idea to do it. COUNCILMAN BREWER-I wouldn't have a problem with that. If they perform the test at the end of July, you say he doesn't come up there until the beginning of July, give him thirty days to occupy the house, perform the test and if it fails then he's got to come back and remedy the problem. SUPERVISOR BROWER-Whose going to perform the test? MR. ROULIER-I would perform the test. COUNCILMAN BREWER-Well, I would have Joe do it but at least let Dave Hatin be there or one of the building inspectors to witness it and have them sign off on it. MR. ROULIER-Sure. COUNCILMAN MARTIN-How many gallons is the septic tank? MR. ROULIER-Five hundred gallons. COUNCILMAN MARTIN-Five hundred gallons? MR. ROULIER-Yes. COUNCILMAN STEC-Joe, you said that it's going to be a sixty to seventy square foot addition when all said and done? MR. ROULIER-Yes. COUNCILMAN STEC-Is there any problem conditioning the approval of the variance on that and make sure that we don't turn this into a three thousand square foot expansion when we're finished? MR. ROULIER-I can assure you right now, it's not going to be a three thousand square foot. It's going to be a bathroom with a closet in it and then downstairs I'm going to reconfigure the current bathroom but that's basically it. The area of the house that I'm working with and I think you can see that a little bit in the back of the pictures itself, it's very, very limited. Where the driveway comes down, there's about an eight foot laid up stone right there and it's approximately five feet from the edge of the house. So, it really and truly precludes anyone from putting on a substantial addition in the rear portion of this house. I'll be honest with you, it's a terrible lot. I mean, I would invite all of you up there to see it. It's just a terrible lot. COUNCILMAN BREWER-Like may be on the fourth of third of July, maybe in the afternoon. MR. ROULIER-Yea, like with a keg of beer? Well, you know there's some properties on the lake that are relatively easy to work with. There's other properties that need a lot of good site work performed on them but this particular piece of property is just so steep and the driveway to access the property is so steep, it's not what I would consider a choice piece of property. But because of that, you know, there would be a hardship in terms of the property and what you could do to develop the property. COUNCILMAN TURNER-Joe, what's your alternative if that fails and you have to put a new system in there, what are you going to do? MR. ROULIER-We would probably have to dig the system up and then come back in and go to a holding tank system. I don't seen any, at this juncture Mr. Turner, I don't see any alternative. Unless of course, we were to get sewer lines up there in a few years but I don't see that as an alternative either. SUPERVISOR BROWER-And actually, a holding tank is probably a great alternative for COUNCILMAN MARTIN-I think the holding tank is the best one, ultimately. COUNCILMAN TURNER-Yea. SUPERVISOR BROWER-Except getting a truck down there might be a pain to pump it but COUNCILMAN TURNER-Well, they can pump it. If they've got hose enough, they can pump quite a ways. I don't know how much elevation they can pump but. COUNCILMAN MARTIN-They can get a truck down there. MR. ROULIER-Yea, they would be able to get a truck down there. COUNCILMAN TURNER-In the summer time you could. This is definitely going to change hands so I mean. SUPERVISOR BROWER-Do we have letters, Caroline regarding this property? DEPUTY TOWN CLERK BARBER-We have one. We have one letter addressed to the Board of Health. I am a neighbor of the Fauchers on Sign Post Road, Dunham's Bay, Lake George. I am in favor of granting the variance to the Fauchers. My understanding is that a bathroom only will be added to the second floor of the house, no additional bedrooms. This will provide relief for Richard Faucher who is an amputee and must go down a flight of stairs to use the bathroom at night. Recommended approval. Sincerely, Douglas Wrigley Deputy Town Clerk Barber-That's all I have. (letter on file in the Clerk's Office) MR. ROULIER-Can I just jump in there on that? These are the, the people that wrote that letter are on the side of the property, the south side of the property that adjoins the septic system area. I would be inclined to think that if there was any objection to it or they felt as though there was a problem to it, that they would make that known in that letter. SUPERVISOR BROWER-Are they part time as well? MR. ROULIER-Yes, they are. SUPERVISOR BROWER-Seasonal? MR. ROULIER-Yes. All of the people that are in that particular area are seasonal only because you just can not get in. Not only can't get in, the road is not even plowed. DEPUTY TOWN CLERK BARBER-There was nineteen letters sent out to neighbors. SUPERVISOR BROWER-Nineteen were sent? DEPUTY TOWN CLERK BARBER-Yes and one responded. SUPERVISOR BROWER-Okay. I'll ask at this time if there's anyone here that would like to speak on this project? Yes, Mrs. Salvador. KATHLEEN SALVADOR-Kathleen Salvador, North Queensbury, Dunham Bay. I was going to ask the location of this building but it sounds as though it's right next to Wrigley's and that area right up the hill. MR. ROULIER-Well, it's down off Sign Post Road. MRS. SAL V ADOR-I don't know, well I drive by but I don't see. MR. ROULIER-Well, when you come up the hill towards Assembly Point, right at the top of that hill on the left there's a big steep incline down there, it's called Sign Post Road. MRS. SALVADOR-Okay. I had a number of questions but you've answered them since then. It is a five hundred gallon tank. There are three bedrooms and you're proposing a second bathroom. My question was also, why couldn't you put in a holding tank? Now, you say you can't put it under a driveway but if you get a holding tank that is a traffic bearing tank, you certainly could put it in. I feel sorry for this gentleman, I know he does have problems and all and this is a very difficult area. We all know it is and that's why we really should have sewers up there. Mr. Wrigley does not want sewers so he would say that he would be in favor of this anyway. I think Mr. Brewer's suggestion of having the dye test done middle to the end of July is good especially after they probably will have a full house July Fourth weekend and all. Is it my understanding also that their well is only fifty-five feet from the septic tank? MR. ROULIER-Yes. COUNCILMAN TURNER-That's correct. COUNCILMAN MARTIN-Vertically, yes. COUNCILMAN TURNER-Vertically. MRS. SAL V ADOR- Vertically and what is the code? COUNCILMAN MARTIN-Or horizontally, I should say. SUPERVISOR BROWER-I think it's a hundred feet. COUNCILMAN TURNER-A hundred feet. MRS. SAL V ADOR-A hundred feet so it's very close. Very close. Okay. So, it does seem to me that, as I said before that it is perfect for a holding tank and I don't know, they may be what he may have to go to. MR. ROULIER-Well, I think that was one of the requests that Mr. Brewer made that if there is a problem COUNCILMAN BREWER-Then absolutely, he has to remedy the problem. MR. ROULIER-Then if we have to remedy, that would certainly be a viable alternative. MRS. SALVADOR-For a holding tank. And if you put, if you do have to go and put a holding tank in, then would the property be encumbered that it would still only be seasonal? I know it's difficult to get down there but you can build roads in all, there's nothing to say you can't. Someone could buy that property, they could buy one on either side and they could expand that and there could be a seasonal road even, going down there that might be possible. MR. ROULIER- The answer that I could give you at that point is something that Mr. Martin brought up. If someone were to propose that scenario and expand the property, they would then have to go before the variance board or other boards within the town for the appropriate approval and has to be addressed. MRS. SALVADOR-Absolutely, yes. Okay, thank you. SUPERVISOR BROWER-Maybe we should make a note even, if we move for approval that, you know, that be noted. COUNCILMAN BREWER-What be noted? SUPERVISOR BROWER-That at an expansion to a fulltime year round residence would, we would see as a problem. COUNCILMAN BREWER-It's automatic, it has to come to the Planning Board. SUPERVISOR BROWER-Oh, so that if, when it's researched, you know, a few years from now. COUNCILMAN BROWER-Oh, all right, yea. COUNCILMAN STEC-He saying, we should include it in any COUNCILMAN BROWER-Flag it so that COUNCILMAN TURNER-Just give the variance to the owner, to the present owner. COUNCILMAN BREWER-That goes in there file, anyway, right? COUNCILMAN TURNER-Yea and then you could just restrict it that way. Then if a new owner comes on board, then they have to come back and assess the issue. COUNCILMAN STEC-Can you do that? COUNCILMAN BROWER-I think we can slide it in our computer system, can't we? COUNCILMAN MARTIN-You can, but you you've got to make sure, it's one of those enforcement issues. Who, that property is going to change hands, I mean, how are we going to ever know? MR. ROULIER-But wouldn't that be automatic that that would COUNCILMAN TURNER-We're going to know the minute it transfers COUNCILMAN MARTIN-Yea, I know but how? You can sell property and we'd never know it. MR. ROULIER-No, but if there was a proposed addition to that property or an expansion of the house. COUNCILMAN MARTIN-Oh, that's different. He saying, if it simply changes hands. I don't see how we can. COUNCILMAN BREWER-I don't see how you do that. COUNCILMAN MARTIN-I mean you could condition that but it's going to be difficult to keep a watchful eye on it to know when that happens. COUNCILMAN BREWER-I think if ever comes in for an addition, expansion, conversion. COUNCILMAN TURNER-Yea, you can condition it with an expansion of the COUNCILMAN MARTIN-Yea, that's a COUNCILMAN BREWER-Right, then it has to come back here. COUNCILMAN MARTIN-I think it does anyhow. COUNCILMAN BREWER-But if you simply sell, if he deeds it over to his daughters or sons, or whatever, I don't know how you could, there's nothing you could do about that. SUPERVISOR BROWER-Has he had his well tested, by the way, in recent years? Has he done any tests on his well to see if he had any contamination of any kind? MR. ROULIER-Not that I'm aware of. SUPERVISOR BROWER-We might want to request they test their well, too. COUNCILMAN MARTIN-You can do that easy enough, the water department does that. SUPERVISOR BROWER-Yea, just to make sure. COUNCILMAN BREWER-Yea, they could just put some water in ajar and send it to the water department. COUNCILMAN MARTIN-I tend to think, what did you say, two hundred and seventy foot deep well? MR. ROULIER-I think it's two hundred and fifty feet. COUNCILMAN MARTIN-That's pretty good vertical separation, I mean I SUPERVISOR BROWER-Is that all? Well it is and it isn't. A lot depends, you know. I don't know, is all casing or, I mean how much is cased? MR. ROULIER-Well, the first portion of it would be cased. I think the code, if I'm not incorrect is twenty feet that it has to be cased and then it goes down through the rock. SUPERVISOR BROWER-Through the bedrock. COUNCILMAN TURNER-Through the bedrock, yea. MR. ROULIER-Yea, but I know there's a certain, the State of New York requires a certain distance that it be cased and I think it's twenty feet. Is it Jim? COUNCILMAN MARTIN-I'm not sure about that. I know you can have a combination of casing and when you're going through rock, you don't need it. MR. ROULIER-Yea, but you don't have the casing the entire length of the well. COUNCILMAN MARTIN-Yea, if you run into rock, you don't need it. COUNCILMAN TURNER-No, not if you're running through bedrock. SUPERVISOR BROWER-Would anyone else like to address the board? Mr. Salvador. JOHN SALVADOR-My name is John Salvador. I would recommend that you not approve this application. This is an ideal situation for a holding tank. They have stated that it's a seasonal use dwelling. A holding tank is allowed for a seasonal use, health department code. You can put it under the driveway, as my wife said, get a traffic bearing tank. Put the pump out, right in the driveway, it's the easiest thing to do. You just back the truck in there, pump it out. Do not take lightly, the situation with the well. As a result of the Washington County incident, we have two wells on premises. The health department has been at our place. They're measuring all kinds of distances. The depth of the well doesn't make any difference. Doesn't make a bit of difference. It's the horizontal distance from the leach field to the well and they're getting tough. They're starting to check and they must record this. You've got to get variances, if you don't meet the code. The well casing, the critical part of the well casing is that it's sealed at bedrock. That seal can fail. Seriously, this is an ideal situation for a holding tank. Do not trust the future. You're going to check this, if they buy this, all that stuff, forget it. That stuff doesn't work. As far as this area goes, you know, I've attended most of the meetings and hearings dealing with the sewer in North Queensbury and you never see these people there. They should be screaming for a sewer. They should be screaming for a sewer. You don't see them. They don't want it because they're concerned about the cost of pumping up that hill. But that's why we need wastewater management in North Queensbury. This is the perfect example. Do not allow this wastewater to be infiltrated into the ground. A holding tank should be used here. It's an ideal set up and as I say, as you say, the dwelling is seasonal use only and that fits the health code. Thank you. SUPERVISOR BROWER-Any other questions from Town Board members at this time? COUNCILMAN TURNER-Joe, you've got on here, the leachfield, area of unknown dimension. MR. ROULIER-That's correct and I can not tell you what it is nor could the owner of the property tell me what it is. COUNCILMAN TURNER-How long has he owned the camp? MR. ROULIER-I can't tell you that either but I, I just can't answer that question at this point. I want to go back to the well, though. If you felt as though it was imperative to have the well tested, we would certainly go ahead and do that and perhaps tie it in do the time when the property is being used most. I mean, right now it would probably test out perfect. But I think if you, if you would want the dye test done in July, we would do it at the same time. It would make the most sense. SUPERVISOR BROWER-I've got to tell you, I've got a little problem with this. COUNCILMAN STEC-I do too. SUPERVISOR BROWER-I honestly believe a holding tank is a better application. COUNCILMAN STEC-I agree. SUPERVISOR BROWER-Here, as well. COUNCILMAN TURNER-Yea. COUNCILMAN STEC-It's the right thing to do. COUNCILMAN TURNER-Yea. COUNCILMAN STEC- Yea, it's a little bit more money but it's the right thing to do. COUNCILMAN MARTIN-I can appreciate the gentleman's position Joe, don't get me wrong. COUNCILMAN STEC-I do too. COUNCILMAN MARTIN-But boy, forty-five feet from the lake and forty-five feet from the well, or fifty- five, is that fifty-five? COUNCILMAN TURNER-Fifty-five. COUNCILMAN MARTIN-Boy that's COUNCILMAN TURNER-That's awful close. COUNCILMAN BREWER-And an unknown length of the field. COUNCILMAN MARTIN-I mean I COUNCILMAN TURNER-You know if we play COUNCILMAN MARTIN-And then only a five hundred gallon tank, I mean, boy that tank is filling right up right quick. COUNCILMAN TURNER-You know if we play Russian Roulette and that gun goes off when, you know when he gets there and somebody gets hurt as a result of us not taking the proper action, then I think we're at fault. Yea, and I think that holding tank should go in there. COUNCILMAN MARTIN-It's an onerous cost but you know, it's one of those things that if you canjust make the expense and you know, it's got the maintenance of it then forever, I mean the pumping of it but boy, for the long term good of the people in that area and the lake, it's one more property we can address and get fixed. MR. ROULIER-That's right. SUPERVISOR BROWER-Well, it's an ideal application for a holding tank, too. COUNCILMAN STEC-It is. COUNCILMAN MARTIN-That's what I mean. COUNCILMAN TURNER-It's a perfect fit. SUPERVISOR BROWER-I mean, I don't see, personally, problems with holding tanks as year round solutions. COUNCILMAN TURNER-No, I don't either. COUNCILMAN MARTIN-I think holding tanks in a lot of situations in Lake George are just perfectly fine. SUPERVISOR BROWER-But they're not allowed year round supposedly by the health department. COUNCILMAN MARTIN-I know they're expensive to maintain. With that said, I think they are an excellent option for the people in Lake George. MR. ROULIER-And you know, I agree with what you're saying regarding holding tanks because I also believe and I have for a long time that, that it's a good idea to get rid of the sewage. I know there's a problem up at the lake and you know there's a problem up at the lake. Would the board consider, if we can put a holding tank in, would you consider just allowing us to hook up the new bathroom onto the holding tank, which would significantly reduce the? And the reason why I request that is because we may be able to get in a thousand gallon holding tank. I seriously doubt if we could get in two thousand to three thousand gallons that we've put on other pieces of property. Whereas, at least if we could get the new bathroom put on the holding tank, that's going to eliminate a substantial amount of water that's going in. COUNCILMAN BREWER-How do you restrict that in the future, though, Joe? Suppose, whatever happens, he gives it to his children. MR. ROULIER-Yes. COUNCILMAN BREWER-The children have children, now it becomes almost the same thing only with one bathroom upstairs to the holding tank. COUNCILMAN MARTIN-Are they, yea but are they dimensionally that much bigger? I know it sounds, you know you're saying, well, jeez, it's thousand to three thousand but they're really not that much bigger. MR. ROULIER-But they're huge when you don't have any place to put one right now. COUNCILMAN MARTIN-Yea, but I mean, if you can fit a thousand, my point is you can likely fit three thousand. SUPERVISOR BROWER-Of course, if it's seasonal, they don't even have to be under ground, technically. Right? COUNCILMAN MARTIN-What's that? SUPERVISOR BROWER-It wouldn't have to be under ground, would it, if it's seasonal? COUNCILMAN MARTIN-Yea, those, they're huge above ground. SUPERVISOR BROWER-Are they huge? COUNCILMAN MARTIN-We had one instance that I can recall where we had to do an above ground tank and those things are huge. COUNCILMAN STEC-A thousand gallons is a big tank. COUNCILMAN MARTIN-And they are unsightly and there's probably not a place you could put an above ground one here. MR. ROULIER-The only place I could put it would be right in the middle of the driveway. COUNCILMAN MARTIN-And they are huge, I mean they're like what, ten feet high and twelve feet long or something like that and they're just a big concrete block. MR. ROULIER-Usually, MR. SAL V ADOR-A thousand gallon tank? COUNCILMAN TURNER-No, thousand gallon tank isn't that big. Fifty-four by MR. SAL V ADOR-A thousand gallon tank is five, five by eight. COUNCILMAN MARTIN-All right, we had a bigger one before. MR. ROULIER-Yea, five, five by eight. But I don't, the code within the Town of Queensbury code for a three bedroom house, I'm not sure what the requirement is in terms of a holding tank. I know, and I don't understand the logic behind it why you can't have one, one thousand and have it pumped out every other week versus having two, one thousand and have it pumped out once a month. COUNCILMAN MARTIN-Yea, that's my point in trying to get you three thousand, as that would lower their pumping costs. MR. ROULIER-Yea but if Dave was here tonight, Dave would be able to say what size holding tank that we could use. COUNCILMAN MARTIN-No, I can't recall. MR. ROULIER-Okay but that's why I'm saying if we could at least get one, one thousand gallon holding tank in and put the new bathroom on it, would you consider that? SUPERVISOR BROWER-Well, you know what my problem is with that, Joe and it's pretty simple. Ifit cost you money to pump out a holding tank, now maybe this guy is going to use it, okay but another family might say, jeez kids, don't use that bathroom, that goes to a holding tank, you go downstairs and use the other bathroom. In the future. MR. ROULIER-And I agree. SUPERVISOR BROWER-I mean, we're looking down the road, you know. MR. ROULIER-I agree. SUPERVISOR BROWER-I mean, we've got to look not just today because I think this guy has got a hardship that we'd like to address, frankly. But, you know, what's going to happen in the future and I think that's the important thing. MR. ROULIER-And I agree with you. First of all, this man has a one hundred percent legitimate hardship and I mean, if, you know. COUNCILMAN MARTIN-No, no, I don't disagree with that. SUPERVISOR BROWER-We're not saying he doesn't, honestly. MR. ROULIER-That's right and what we're doing though, is trying to come up with a way that will be less of a hardship for him but yet not destroy the lake. There would be a lot of scenarios if the property changes hands, what if. But if the property, but if this man lives for another ten years, are there ways that we can currently accommodate him and that's what I think we're trying to do right now. And that's why I'm saying, would you at all consider putting at least the new bathroom onto the holding tank and maybe at that time, we might have SUPERVISOR BROWER-I think if you're going to COUNCILMAN BREWER-Three bedrooms is thirty-five hundred gallon capacity. SUPERVISOR BROWER-My philosophy is, if you're going to that expense, do it right. You know, you might better do it right. COUNCILMAN BREWER-Thirty-five hundred gallons. SUPERVISOR BROWER-And avoid, avoid any, right now you've got a non-conforming MR. ROULIER-Oh, I know it. SUPERVISOR BROWER-A non-conforming case with the health department where the, the well distance and the leach field to his well and to the lake, for that matter. But, that's why I would like to see it done properly but that's my own opinion and I don't know how the rest of the board feels on that. COUNCILMAN MARTIN-I'm inclined to agree that. I, again, I COUNCILMAN BREWER-What happens, he doesn't have room? Well, he's going to have to have room, right, to put the thirty-five hundred gallon tank? COUNCILMAN TURNER-He's going to have to make room. MR. ROULIER-See, that's a lot of tank. A thirty-five hundred holding tank is a lot of tank. I mean, that's, that's what I'm saying, we're just not talking maybe putting a one thousand gallon tank and having it pumped out every COUNCILMAN BREWER-No, if you've got three bedrooms, it requires thirty-five hundred. COUNCILMAN MARTIN-I would be willing to give you a variance down to a thousand gallon tank and have that be the only source of disposal. He's got to pump more often but COUNCILMAN STEC-How many days a year did you say he was there? Thirty days a year? MR. ROULIER-I would say not in excess from what I've seen of thirty days a year but that's not to say that his family, let's say he passed away and his family comes in and uses it sixty days a year. COUNCILMAN STEC-Precisely, that's why we're saying that we want to do it right the first time. COUNCILMAN MARTIN-I mean, yea, well if it's, what's the average single family dwelling rate? Is it three hundred gallons? COUNCILMAN TURNER-Three hundred and fifty gallons, four hundred gallons. COUNCILMAN MARTIN-A day? COUNCILMAN TURNER-Yea. MR. ROULIER-It's six hundred, isn't it? MR. SAL V ADOR- That's washing machines, dishwashers. COUNCILMAN STEC- That's right. COUNCILMAN MARTIN-Yea, I know, I'm just saying, I understand that John, I understand that. COUNCILMAN STEC-Well, you said a gallon and a half a flush. How many flushes fit in a thousand gallons? COUNCILMAN MARTIN-Well, showers are what kill you. But with the health concern about the separation of the well and the potential impact this is having, I'm sure it's having an impact on the lake. You know, and speaking for me, I think those are overriding concerns. COUNCILMAN STEC-We need to be able to say the next SUPERVISOR BROWER-Mr. Salvador, did you have a comment? MR. SALVADOR -Yea, I can help here a little bit, I think. We have a one thousand gallon holding tank at our marina. We have sixty-five boats in that marina, it's chock a block on the weekend and that capacity gets us through. A lot of the people in our marina stay on their boats and we have toilets and showers into that holding tank. COUNCILMAN MARTIN-How often is it pumped? MR. SAL V ADOR- We pump it Monday and Friday. We make sure it's empty on Friday. SUPERVISOR BROWER-Twice a week. MR. SAL V ADOR- We make sure it's empty on Friday and it usually needs pumping on Monday. COUNCILMAN STEC-How much does it cost to pump it every time? MR. SAL V ADOR- We pay, because of quantity, a hundred and thirty-five dollars. MR. ROULIER-And approximately, how many people are using that then? MR. SAL V ADOR-I would say, half of the thirty-five or half of the sixty-five boats are there. COUNCILMAN MARTIN-Anyone time or any weekends. MR. SALVADOR-Yea. COUNCILMAN MARTIN-So, thirty boats so maybe sixty people for a weekend. MR. SALVADOR-Yea. COUNCILMAN MARTIN-That's pretty intense use. COUNCILMAN STEC- Yea, I was just going to say, a thousand gallons might get you two or three weeks. MR. SAL V ADOR- We have a coin box on the shower, that limits the shower and we have the one and a half gallon flush toilet. We have one in the men's room, one in the ladies room but they are on a holding tank. COUNCILMAN MARTIN-So, that's probably thirty people give or take on any given weekend. MR. SALVADOR-Yea. COUNCILMAN STEC-See, you know the other issue that we haven't talked about but I think is more important, we need to address the next twenty, thirty applicants that come through here. To my recollection, I think this is the first sewer variance that this board has handled. COUNCILMAN MARTIN-No, I think it's the second. COUNCILMAN STEC-And every case is different. COUNCILMAN BREWER-Second. COUNCILMAN MARTIN-We had one on Glen Lake but see, the one on Glen Lake was, you know it was, it met the separation from the lake as I recall and it was like ninety-five or eighty-five feet to the wells. COUNCILMAN BREWER-Yea, it was minimum. COUNCILMAN STEC-Yea. COUNCILMAN MARTIN-And I mean, that was marginal, I mean this is half the distance. COUNCILMAN STEC- That's right and my point is that it's important for us to be as fair and as consistent as possible. COUNCILMAN MARTIN-Well, you've got to treat every case on it's merits, you know. COUNCILMAN STEC-I agree but I do think that there's value in, I mean COUNCILMAN MARTIN-Right. COUNCILMAN STEC-You know, in trying to be fair and consistent. There's fairness in consistency. COUNCILMAN MARTIN-Yea, I agree. MR. ROULIER-Can I, there was an application before the prior board last year up on Rockhurst and I don't know if Mr. Martin is familiar with it. COUNCILMAN MARTIN-No. MR. ROULIER-But it was a small piece of property. The properties up on Rockhurst are approximately fifty foot wide and sixty foot deep. COUNCILMAN TURNER-Yea, I remember it. COUNCILMAN MARTIN-Oh yea, they're pretty uniform up there. MR. ROULIER-Okay, and I think the customer's name was Springer and I was familiar with the house and there was a septic tank that was right behind the house which was approximately six feet from the road right there. There was virtually no separation to the north boundary line because the property is so small so the separation to the lake was approximately fifty feet for what the septic tank was. I'm not sure if there was any area that was a leach area or if there was any seepage pit area, all I can tell you is that it was immediately adjoining the house and the road and I do know that that house is a year round house, it has year round occupancy. It has three bedrooms in it and they were allowed a variance to continue the use of that because as soon as I found out, I, in the research that I did prior to this, I had met with Craig Brown and I said to him, how did this particular application get through because they actually had less room then what this current proposal is for you, okay, before you. And he said, "Well, that's what the decision was, of the board was, that was as far back as the people could put it". And basically, we have a current system right there. Okay, the system of the Fauchers, this is really as far back as that system can go. I have a house that is a three bedroom house that's only being used for approximately thirty days out of the year and unfortunately the prior board almost had set a precedent saying, "Hey, look at it, we allowed this one up on Rockhurst". What are you going to do about the other ten that you've opened the door for? COUNCILMAN STEC- That's right. COUNCILMAN MARTIN-Yea, but I MR. ROULIER-And I think that that's what the board has to consider. COUNCILMAN MARTIN-Yea, but I sat over there when we approved one for, when we had done only holding tanks on Rockhurst. COUNCILMAN STEC- Yea, that would have been, well, that's just it, you know, I mean this board certainly has three month, three and a half month tenure. We're not the most experienced board in the world but I think this board has been on record before as saying that, you know we're not so inexperienced to, that we wouldn't say the previous boards haven't made mistakes or. MR. ROULIER- That's right, and I can tell you on another situation, another piece of property, a piece of property that we did some work on about two years ago just down the street from this one, we did put in holding tanks for that particular customer and in the process of digging down and we had to dig down about seven feet, we were at the lake. We had water right there in the middle of Rockhurst and there it is. So, for this fellow, his name was Mr. Koenig, we put in holding tanks, everything that he has is obviously taking out of there. But these other properties and in particular the one, the Springer property, if there was any type of test done to dig down, I can assure you at this point, at seven feet, it's in the lake because I saw it. Do you remember that application? COUNCILMAN STEC-Well, but I can say I can see a day coming when the board is just going to say no. MR. ROULIER-Absolutely. COUNCILMAN STEC-No, you can't, sorry. You can't use, you can't have a well, you can't have a septic system. I mean, the day is going to come when we're going to say, sorry, no. MR. ROULIER-And I couldn't understand, having worked with Jim on certain, on certain regulations and all within the town right now, there were certain, certain restrictions were put on so that you couldn't, for example the square footage of a building, things had to come into conformity and the septic had to be all kicked in. And we worked on that board only to find out that then these people came in for this variance and it was like, what's going on? This piece of, have you been up on Rockhurst? SUPERVISOR BROWER-Yes. MR. ROULIER-Okay, the properties are no bigger then this room right here. COUNCILMAN MARTIN-I can't see how any property and this is maybe a simplistic explanation but I can't see how any property can not be on a holding tank up there. I mean, everyone of them should be, especially as you get out closer to the point, the very tip of it. MR. ROULIER-That's right. COUNCILMAN MARTIN-It's just, they're right on top of one another. MR. ROULIER-But unfortunately for the board that I'm dealing with right now, when the prior board made the approval of that particular case which was the Springer case, it opened the door for builders or attorneys to come in and use that and say COUNCILMAN STEC-But we're not bound by, we're not bound by that. MR. ROULIER-No but, I know that you're not. But that was a particularly small piece of property that did get approval and one of the reasons was is that that's as far back, at least that's what Craig Brown told me, that's as far back as the system could go. COUNCILMAN MARTIN-Well, I know of, like of said I know of cases on Rockhurst where they approved holding tanks, I mean, cause it was the only option. COUNCILMAN TURNER-Just let me respond to Joe. I remember the case you're talking about, Springer, he can't use that upstairs for a bedroom, that's not a living, a bedroom corridor. That was the condition of the variance. MR. ROULIER-He can't what? COUNCILMAN TURNER-He can't use the upstairs, the addition he put on. He raised the roof, if! remember right. MR. ROULIER-He raised the roof in that one section, yes. COUNCILMAN TURNER-He can't use it for a bedroom. COUNCILMAN MARTIN-Yea, Dick was on the board, he might COUNCILMAN TURNER-Dick knows. DICK MERRILL, North Queensbury-Dick Merrill, North Queensbury. To Ted's point, I do recall that application, we did look at it in great detail and we were very much concerned about it. The previous board did take a very hard line on septic systems and we did turn down a number of them. I remember one on Sunnyside I believe and there are several, I believe. But this one, there was no increase in living space and it was only for storage space upstairs and it was strictly for that. COUNCILMAN STEC-I remember. MR. MERRILL-There's another one on Rockhurst that we limited to seasonal use, as you recall. COUNCILMAN STEC-Right. MR. MERRILL-Do you remember that one? COUNCILMAN STEC- That's where I was going with the, you know, I mean there's way of where we could MR. MERRILL-And for that, we restricted COUNCILMAN TURNER-That was Ryan. Ryan, remember? COUNCILMAN STEC-Ryan, yea. MR. MERRILL-That ones on a holding tank and we restricted it to seasonal use and refused to allow winterization. COUNCILMAN TURNER-Right. COUNCILMAN STEC-Right. MR. MERRILL-And I think with the previous revision in the zoning that took place, what about three years ago? COUNCILMAN MARTIN-Yea. MR. MERRILL-We have taken a hard line on septics, especially on the lake because they are in a critical environmental zone and if there's anyone place you need to pay attention to, septic systems, that's where it IS. COUNCILMAN MARTIN-The whole thing is, by definition. MR. MERRILL-Yea. COUNCILMAN MARTIN-Yea, but my point, that's why the law is written the way it is. You know, it's written that way purposely for when there are structural changes, as a venue to get these situations corrected. COUNCILMAN TURNER-Right. COUNCILMAN MARTIN-And speaking for my personally, I don't care if they're just adding a pantry. COUNCILMAN STEC- That's right. COUNCILMAN MARTIN-You know, it's an opportunity to correct what is potentially a health problem and what is potentially an environmental problem cause of their water quality. COUNCILMAN STEC-I thought generally, the previous board did a good job with sewage variances. They asked a lot of hard questions, they took a long time and a lot of thought. COUNCILMAN MARTIN-I haven't been associated with a board who hasn't and you know, I was staff to a board. All of the boards historically have taken a very hard line and have been very strict. COUNCILMAN STEC-Well, I just think it's really imprudent in light of the recent, I mean you had the worst water born contamination case in the history of the United States in the next county over last year and I'm, you know, I mean it's shutting the barn door after the cows are out but you know, I mean, if that's not enough of a wake up call to say, "hey, you know, you really got to do all you can to try to do the right thing here", and I don't think that it's unreasonable for the board to say, "hey, the right thing to do here is a holding". I just don't think that it's unreasonable. COUNCILMAN MARTIN-I mean, I'd rather give a variance to a thousand gallon holding tank and come down from the thirty-five hundred. COUNCILMAN STEC-Absolutely. COUNCILMAN MARTIN-If they can't dimensionally fit, you know that's fine. It's going to require more pumps but I would MR. MERRILL-Well Jim, you'll recall when we drafted the, when you drafted the revision in the zoning, the philosophy was if you could afford to be an addition on or if you could afford to update your property. COUNCILMAN STEC- That's right. COUNCILMAN MARTIN-Right. MR. MERRILL-First thing should be to bring your septic system into compliance. COUNCILMAN STEC-Dick's absolutely right. MR. MERRILL-That way you're not impacting, putting any hardship on anyone. COUNCILMAN BREWER-In this case we're talking about seventy square feet, though. This particular case. COUNCILMAN STEC-Right, it's not a big expansion MR. MERRILL-Is it living space? COUNCILMAN BREWER-It's a bathroom. COUNCILMAN STEC-But it's another bathroom. COUNCILMAN MARTIN-No, no, but that's assuming that the existing situation is not in fact causing a problem and I'm not so sure about that. Just because there's no increase, doesn't mean that there's not a problem. COUNCILMAN STEC-And just because it's one person COUNCILMAN MARTIN-And that's why I said, the law is written so when there is some sort of, even if it's a minor structural change, it's an opportunity to bring these things up to code. COUNCILMAN STEC- That's right, just because it's one person thirty days a year this summer, it doesn't mean it's going to be one person thirty days next summer. MR. MERRILL-That's right and that was a concern, how do you guarantee that it will not be come year round use with ten kids. COUNCILMAN STEC- There's no way to do that, other then in the variance. COUNCILMAN MARTIN-I'm not an engineer, I'm not a hydrologist or whatever but I would be more surprised then not if there's not an environmental issue or health issue with that system. COUNCILMAN STEC-Ifthe separation was ninety-five feet COUNCILMAN MARTIN-Then it's marginal but. COUNCILMAN STEC-But we're forty-five from the lake and fifty-five from the well, I've got a big problem with that. That's not close, that's not almost. MR. MERRILL-Well Dan, I think you hit a point there. We have not paid enough attention to the separation distance to the well and that's COUNCILMAN STEC-That's fifty-five feet, I mean, that's real close to what it was in Washington County. It was right around thirty-eight or forty. I mean, it wasn't much better. MR. MERRILL-And Ted, you recall, we did start addressing separations. COUNCILMAN TURNER-Yea. MR. MERRILL-In several instances. SUPERVISOR BROWER-Mr. Roulier, would you like to add anything or would you have any further comments? And believe me, I'm fully aware that, you know this gentleman may decide not to do his improvement because of this. That's a real possibility where we end up with COUNCILMAN MARTIN-Or he could do his internal bathroom thing you were talking about. SUPERVISOR BROWER-With an existing system that's non-conforming and that's not really our purpose, that's not what we're trying to do, we're just trying to protect this property owner and future property owners from contamination. COUNCILMAN STEC-And their neighbors. SUPERVISOR BROWER-Well, yea but their neighbor I don't think is, are they, how far is the neighbor's well from the leach field? COUNCILMAN STEC-He said there wasn't one. MR. ROULIER-No, there isn't any. SUPERVISOR BROWER-I didn't think so. COUNCILMAN STEC-But this septic system is fifteen feet from the property line. I mean, you're really handcuffing that guy to try to get a hundred feet away from this guy's septic system. I mean the best solution for all involved, the neighbors, the lake, everybody, the future guys, up and down, is the tank. I mean that's MR. ROULIER-Well, let me ask, let me ask this board a request then. If you were to allow us to put in a holding tank, could you at least put it in so that we could we have minimum of one thousand gallons and if we could put in, let's say we can get a two thousand gallon that would be fine. COUNCILMAN MARTIN-Exactly. COUNCILMAN STEC-Yea, absolutely. MR. ROULIER-Okay. COUNCILMAN STEC-I mean that's, COUNCILMAN MARTIN-That would be perfect. COUNCILMAN STEC-We're trying, yea I mean COUNCILMAN MARTIN-But with all bathrooms connected to it. COUNCILMAN STEC-We're not out, you know, this isn't a witch hunt. We're trying to work with you but you know, there's certain minimums that I think that we've got COUNCILMAN MARTIN-No, that's fine with me. COUNCILMAN STEC- That we're concerned about. I've got no problem with that. COUNCILMAN BREWER-You want both bathrooms hooked to it? MR. ROULIER-Yes, in other words, what we'll do is, we would hook up, if he goes with the new bathroom, okay, if he goes with the new bathroom externally on the house, what we would do would be to convert the house over to the holding tank system. Okay? Are we in agreement on that? COUNCILMAN TURNER-Yea. COUNCILMAN MARTIN-Yes. MR. ROULIER-Okay. COUNCILMAN STEC-Well, I'll do you one better. Now, is it an option because we talked about showers going, is it an option to plumb the house so that just the toilet facilities, the black water goes COUNCILMAN MARTIN-No, no. COUNCILMAN STEC-It's not an option? COUNCILMAN MARTIN-Not anywhere in town is that an option. COUNCILMAN STEC-Oh all right. Well, I'm glad I asked the question. COUNCILMAN MARTIN-Let's not talk about your house. COUNCILMAN STEC-I'm in full compliance, as far as I know according to what my Realtor told me. COUNCILMAN BREWER-Ignorance is no excuse. COUNCILMAN MARTIN-No, I, yea I'd be willing to go with you on that, Joe. COUNCILMAN TURNER-Yea. MR. ROULIER-Okay. COUNCILMAN STEC-Yea, absolutely. COUNCILMAN MARTIN-But make every effort to put in a bigger one if you can. MR. ROULIER-Yea, right but you're aware that that's not what's within the code? COUNCILMAN MARTIN-No, we have to give you a variance to go to a thousand gallons. COUNCILMAN STEC- Yes, that's just it, we're more comfortable with that variance then the original variance that you asked for. COUNCILMAN BREWER-That you requested. SUPERVISOR BROWER-Want two thousand gallon tank? COUNCILMAN STEC-No, no, he's COUNCILMAN BREWER-No, we're saying minimum COUNCILMAN STEC-We're saying minimum a thousand. COUNCILMAN BREWER-A thousand. COUNCILMAN STEC-As big as you can put in. COUNCILMAN BREWER-We're going to try to get two thousand in if he has physically enough room. COUNCILMAN STEC-But if it can't be done and a thousands the best. COUNCILMAN BREWER-Either way, Dennis, it has to be pumped SUPERVISOR BROWER-I think it's better then COUNCILMAN STEC-It's still better then what was proposed, I think. COUNCILMAN BREWER-It has to be pumped at a thousand or two thousand COUNCILMAN MARTIN-Once he goes to a holding tank, I don't care if you put in a twenty-five gallon tank, to be quite honest with you. SUPERVISOR BROWER-You just may have to pump it more often. COUNCILMAN STEC-He'd be pumping it every day. MR. ROULIER-Yea but I don't want to walk away from here and the board saying yes, you can put in the holding tanks and then go down to Dave and Dave says you have to have thirty-five hundred. COUNCILMAN MARTIN-No, I understand, you don't want to go COUNCILMAN STEC-No, no, no, we can give you that variance, absolutely. COUNCILMAN BREWER-We can grant relieffrom the thirty-five hundred down to a thousand. COUNCILMAN STEC-Absolutely. COUNCILMAN BREWER-With the intention that you're going to try to put as big as you can. Hopefully, two thousand. COUNCILMAN STEC-It's still more costly but it's an improvement to the property and it's something COUNCILMAN BREWER-We're going to go with a thousand but we're going to hope that you put two thousand in. COUNCILMAN STEC-Right, a minimum of one thousand but as large as you can put in. MR. ROULIER-Yea, that would be my intention to do that and to be perfectly honest with you, I don't have one bit of problem doing that. COUNCILMAN TURNER-Would Mr. Wrigley have a problem with it? With a holding tank? COUNCILMAN STEC-Why would he? This is better. COUNCILMAN TURNER-I'm just asking the question. I know he probably wouldn't but would he? COUNCILMAN MARTIN-The neighbor? MR. ROULIER-You mean the adjoining neighbor? COUNCILMAN TURNER-Yea, the neighbor. Would he have a problem with a holding tank in there? COUNCILMAN BREWER-Why would he? COUNCILMAN STEC-Why would he? COUNCILMAN TURNER-I don't know. I'm asking Joe. MR. ROULIER-I don't MR. SALVADOR-Well, there is, yes, may I? You know, if you don't size it properly and you're pumping it every day, the neighbor might be, he might have a problem. That's something we've got to be concerned about with all these holding tanks. I mean, all you see is the pump truck running up and down the road. That is not a good image for the community. COUNCILMAN BREWER-I don't think he's going to have to pump a thousand gallon tank out every day, John. MR. SALVADOR-Yea, but we had in North Queensbury, as Dave Hatin has told me, a number of holding tanks that are too numerous to count. Those are his words. Too numerous to count. COUNCILMAN BREWER-We'll get him a calculator then. MR. SALVADOR - Well, because I foiled the list. I foiled it and the answer I got was too numerous to count. So that means a lot of pump trucks and I'm telling you it's not a good image. You know, people that aren't used to seeing septic on the side of a tank truck. COUNCILMAN STEC-Yea but John, the day that we have an ecoli problem in the lake MR. SAL V ADOR-I understand, I'm talking COUNCILMAN STEC-And Lake George Village draws it's drinking water from the lake, that's a big image problem. MR. SAL V ADOR- Yea, I'm talking about perception. Okay. Property values, you know what it is. I'd just like to add one more point that this holding tank has got to be conditioned to seasonal use. That meets the public health code. Seasonal use and I'd like to say something about seasonal use. You know where we're situated at the south end of the bay there and I can tell you with the wind directions and the current flows in that bay, if those dwellings on the east side of Dunham Bay were year round use dwellings, we would have a real pollution problem at the southern end of bay. But we don't today. We don't. We have a bathing beach that has never failed a health department test. The ducks are more of a concern to us then anything else. COUNCILMAN MARTIN-That's probably true. MR. SALVADOR-And the reason is, these folks go home in September. They don't come back until May. They don't have washing machines, they don't have dishwashers, they don't have all these things that generate wastewater and they're careful about their shower use and their toilet use. Believe me, a thousand gallon tank is going to go a long way and that's the only solution here. The land will not support any more and that's true of all the dwellings down there. Thank you. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-I think this horse has been flipped over and beaten a couple of times so. COUNCILMAN STEC-Can we make the change tonight? COUNCILMAN TURNER-No, I don't think you can because you've got to COUNSEL HAFNER-Do you want a resolution for the next board, I mean, we've had the public hearing? COUNCILMAN TURNER-He's going to have to re-advertise it. COUNSEL HAFNER-We can make sure to have COUNCILMAN TURNER-You're going to have to re-advertise it. COUNCILMAN BREWER-Why? COUNSEL HAFNER-Because of the change? COUNCILMAN TURNER-Because of the change. COUNCILMAN MARTIN-We can make that determination, though, can't we? COUNCILMAN BREWER-Why does this have to be advertised again? COUNCILMAN TURNER-Well, I don't know, that's why I asked about the neighbor next door. COUNCILMAN BREWER-Let's ask the attorney. COUNCILMAN TURNER-And the other guy on the other side. COUNCILMAN MARTIN-We can determine if we think it rises to the level of warranting a public hearing, another public hearing, can't we? I don't think it does. COUNCILMAN BREWER-I think it's, like Dan says, it's a less of a relief. COUNCILMAN TURNER-Well, I don't think it does but I don't, you know, I don't know. SUPERVISOR BROWER-Can we, Bob, can we deny this? COUNCILMAN MARTIN-Cause I don't want to hold him up. COUNCILMAN TURNER-I don't want to hold him up but SUPERVISOR BROWER-Deny this with the proposal that we allow a holding tank instead? COUNCILMAN TURNER-We can do that. We can just deny this and another resolution COUNSEL HAFNER-I had thought that we be able, I mean, the purpose is to have a public hearing on the proposal, you've come up with something that's stricter that you're going to accept and that's sort of the conclusion. But I don't think, I think we should have some time to draft the resolution that has the contingencies we talked about and we would bring it back in two weeks at the next Town Board meeting. COUNCILMAN MARTIN-That's fine. COUNSEL HAFNER-But I don't think you need a new public hearing. COUNCILMAN BREWER-Why can't we make a decision tonight? COUNCILMAN MARTIN-I don't have a problem with that, either. COUNCILMAN STEC-Yea, I mean COUNCILMAN BREWER-We've changed resolutions before and not, I don't COUNCILMAN STEC-Yea, can we change this resolution? COUNSEL HAFNER-If you want to, we can. It was just a suggestion. COUNCILMAN STEC-I agree, it's less relief. COUNSEL HAFNER-I've heard a lot of different contingencies and I was starting to keep up with you but there were too many. COUNCILMAN BREWER-Why can't we list them? SUPERVISOR BROWER-Well, first of all Bob, one of my concerns, does our board have the power to change the size of the holding tank from the code? COUNCILMAN TURNER-No, you've got to have a hearing. COUNSEL HAFNER-You can grant a variance. SUPERVISOR BROWER-We can grant the variance? COUNCILMAN TURNER-Yea but you've still got to have a hearing. SUPERVISOR BROWER-As the Town Board? COUNCILMAN TURNER-You've still got to have a hearing. COUNSEL HAFNER-Yes, you can grant the variance. I do not SUPERVISOR BROWER-Okay. I didn't know if we had to go through COUNSEL HAFNER-I am not a hundred percent certain about whether we need to redo the public hearing. COUNCILMAN BREWER-Why would we need to redo the public hearing? COUNCILMAN TURNER-Cause you're changing the size of the tank. COUNCILMAN BREWER-If somebody comes in for a ten foot relief on a variance and the board gives them eight foot, why do you have to re-advertise it? That's less relief then he's requesting. COUNSEL HAFNER-I think, again, I thought I said I think that we will find that we don't need to because what you are saying is something that is more restrictive then what he came for and proposed. But what I'm saying is, I don't know that to be a hundred percent sure. SUPERVISOR BROWER-Okay, does that COUNSEL HAFNER-We're going to need some time to confirm that. SUPERVISOR BROWER-I'd like to then, on your advise, draft a resolution for us in two weeks. COUNSEL HAFNER-Right and if we need a public hearing, we'll give you that answer tomorrow. We'll republish. SUPERVISOR BROWER-All right. Thank you sir. MR. ROULIER-May I ask you one other question? SUPERVISOR BROWER-Please. MR. ROULIER-Okay. I have one question regarding the setback from the lake of the holding tank. Is there a specific distance from the lake that's required and if it is a specific distance, can you grant me that relief also to put the holding tank there? COUNCILMAN MARTIN-The only thing that I can be aware of is I know there's a no disturbed zone for thirty-five feet. MR. ROULIER-To the shores of the lake. Okay. COUNCILMAN MARTIN-That's supposed to be like sacred ground. MR. ROULIER-Well what I'm thinking of is that, could I put it in the location of where the septic tank currently is? COUNCILMAN MARTIN-How far is that from the lake? MR. ROULIER-Approximately thirty-five feet. COUNCILMAN TURNER-Forty-five feet. COUNCILMAN MARTIN-Forty-five feet? COUNCILMAN TURNER-On the drawing. MR. ROULIER-I can tell you exactly in one second. COUNCILMAN TURNER-I've got it right here. SUPERVISOR BROWER-So, you'd be replacing that barrel with a holding tank basically. COUNCILMAN MARTIN-I think from what I saw of the drawing, you look liked you were near the park, the driveway is the best spot from what you showed me in the pictures. COUNCILMAN TURNER-Forty-five feet is what is shown here. MR. ROULIER-Yea, I have forty-five feet from the shore of the lake to it. COUNCILMAN MARTIN-I don't know of any restriction where you would have a problem with that. MR. ROULIER-Okay because I would actually try to get behind the house but COUNCILMAN MARTIN-I just want to go on the record to follow through that I don't mind moving this tonight but, you know. COUNCILMAN BREWER-I don't have a problem with it either. I don't know, I've not ever heard of, if you give a more restrictive or less COUNCILMAN STEC-Relief. COUNCILMAN BREWER-Relief, why you would have to it again. COUNCILMAN MARTIN-I mean to get business going and not have, you know, this is where SUPERVISOR BROWER-Is two weeks going to bother you, Joe? MR. ROULIER-Personally, no. It won't bother me. COUNCILMAN MARTIN-It's not a problem for you? MR. ROULIER-No. COUNCILMAN MARTIN-Okay. COUNCILMAN BREWER-That's not the point. I just think that maybe in the future, we'll know, after this that we are able to do that. I think it's just SUPERVISOR BROWER-But if were not, if we're COUNCILMAN BREWER-Yea but I know, to make an applicant come back regardless of whether it's SUPERVISOR BROWER-Well, now you'll be able to read, you'll be able to read the actual wording, the resolution if you want to alter it before the meeting, we can do that. DEPUTY TOWN CLERK BARBER-It's actually better for us when we have the proper resolution, that way we're not making any errors and if it's okay with you then would be great. MR. ROULIER-Yes it is, Carol. COUNCILMAN BREWER-Do you really think we'd make an error? DEPUTY TOWN CLERK BARBER-But I don't think there will have to be another public hearing. I heard that. COUNSEL HAFNER-And that's what I said. DEPUTY TOWN CLERK BARBER-We're not positive but let's be safer then sorry. SUPERVISOR BROWER-I want to thank you very much for coming before our board this evening. I hope that you're pleased with our discussions. I know you wanted to go a little bit different route but I think this will be better for everybody in the long run and I want to thank you. COUNCILMAN MARTIN-Yes and bear in mind we are fine fashioners of pants that require belts and suspenders and ties and ropes to hold them up. MR. ROULIER-Can I just ask one other question before I leave here. I can at least go with assurance of that is what is being approved tonight? COUNCILMAN STEC-Yea. MR. ROULIER-Although, I haven't seen you vote on anything or approve anything. COUNCILMAN STEC-Yes, the supports it. MR. ROULIER-All right because when I speak to my customer tomorrow I want to say, "Well look it, we can't do this but the board has approved this". COUNCILMAN MARTIN-Those no good son ofa guns. COUNCILMAN STEC-We don't, we try not to play those games DEPUTY TOWN CLERK BARBER-We'll have it word for word in the record so you can show it to him. MR. ROULIER-Okay, you understand. COUNCILMAN MARTIN-No, I'm going away from here a thousand gallon minimum, we'll give the variance to that. COUNCILMAN BREWER-Minimum. We'd like to see two. COUNCILMAN STEC- Thousand gallon minimum. Seasonal. COUNCILMAN MARTIN-Seasonal use. COUNCILMAN STEC-Seasonal use. COUNSEL HAFNER-Both bathrooms hooked up. COUNCILMAN STEC-Both bathrooms, yes thank you. How far from the lake? COUNSEL HAFNER-Those, after listening to them all, I only have those three for sure. COUNCILMAN MARTIN-Although, I will say COUNCILMAN TURNER-He's going to tear out where the old tank was and put the holding tank in. COUNCILMAN MARTIN-I will say, having been in the business of enforcement, putting things on like only for seasonal use, you know, I know I'm not going to be up there in December checking to see if Mr. So and So is up there occupying that dwelling or if he's in there in February or March or whatever. COUNCILMAN TURNER-He's got nine months anyway. MR. SALVADOR-Send you Code Enforcement Officer. COUNCILMAN MARTIN-I'm just, yes well, you make yourselffeel nice and good by doing some condition like that and we all feel warm and fussy walking away from here by saying that but the practical matter is, you can't enforce that as soon as it's written. MR. ROULIER-And when does your season start versus my season. COUNCILMAN MARTIN-Right, exactly. If you want these things, three hundred sixty-two days a year, it's seasonal. MR. SALVADOR-No the code says MR. ROULIER-Okay. COUNCILMAN TURNER-Nine months. COUNCILMAN MARTIN-Well, whatever. MR. ROULIER-All right, thank you. SUPERVISOR BROWER-Anyway, thank you very much. MR. ROULIER-Thank you very much. SUPERVISOR BROWER-Thank you. COUNCILMAN TURNER-Thanks Joe. DEPUTY TOWN CLERK BARBER-So, we're closing the public hearing? COUNCILMAN MARTIN-Yes. SUPERVISOR BROWER-We're closing the public hearing, yes. PUBLIC HEARING CLOSED 8:07 P.M. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SHAUKAT BHATTI D/B/A ROADWAY INN, OWNED BY SNAP MOTEL CORPORATION BOARD OF HEALTH RESOLUTION NO.: 10,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 On-Site Sewage Disposal Ordinance, and WHEREAS, Shaukat Bhatti d/b/a! Roadway Inn (Owner - Snap Motel Corporation) has applied to the Local Board of Health for fourteen (14) variances from Chapter 136 concerning property located at 1449 State Route 9, Queensbury, as follows: SYSTEM #1 SET BACK SET BACK REQUIRED PROVIDED l.LEACH FIELD TO PROPERTY LINE 10' 3' 2.LEACH FIELD TO BUILDING 20' 5' 3.D-BOX TO BUILDING 20' 10' 4.EFFLUENT LINE (FORCE MAIN) 10' 8' TO BUILDING (BUILDING "D") SYSTEM #2 SET BACK SET BACK REQUIRED PROVIDED l.LEACH FIELD TO PROPERTY LINE 10' 4' 2.D-BOX TO PROPERTY LINE 10' 9' 3.EFFLUENT LINE TO BUILDING 10' 4.5' (BUILDING "D") 4.EFFLUENT LINE TO PROPERTY LINE 10' 5.D-BOX TO BUILDING (BUILDING "D") SYSTEM #3 l.LEACH BED TO R.O.w. 10' 2.D-BOX TO PROPERTY LINE 10' 3.EFFLUENT LINE TO PROPERTY LINE 10' SEPTIC TANKS SEPTIC TANK (BUILDING "D") TO PROPERTY LINE PUMP STATION SET BACK TO PROPERTY LINE NOW, THEREFORE, BE IT 10' 9' 10' 19' SET BACK SET BACK REQUIRED PROVIDED <1' 6' 5' SET BACK SET BACK REQUIRED PROVIDED 6' SET BACK SET BACK REQUIRED PROVIDED 7.5' 10' RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 1st, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the sewage disposal variance application of Shaukat Bhatti d/b/a! Roadway Inn (Owner - Snap Motel Corporation) concerning property located at 1449 State Route 9, Queensbury and bearing Tax Map No.: 35-1-4.3 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 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. AYES Duly adopted this 17th day of April, 2000, by the following vote: NOES None Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 11, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 17th day of April, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING - Proposed Local Law - "Parks and Recreation Areas" Notice Shown 8: 10 P.M. SUPERVISOR BROWER-At this stage, we're going to go into a public hearing. Caroline, would you like to read the public hearing or introduce the resolution? DEPUTY TOWN CLERK BARBER-The proposed resolution, enacting Local Law, to amend Queensbury Town Code Chapter 124 entitled, "Parks and Recreation Areas". SUPERVISOR BROWER-Does anybody want to comment on this particular local law? Mr. Clark. MR. CLARK-How ya doing? SUPERVISOR BROWER-Good. How are you, sir? COUNCILMAN STEC-How are you feeling? MR. CLARK-Well pretty good. I got out of the hospital again today, so. My name is George Clark, I'm representing the Warren County Conservation Council. We are looking at this thing down here on your proposal or wherever it is here. What I'm concerned in is, Warren County is about down there at the Big Boom launch. SUPERVISOR BROWER-Hudson River Park? MR. CLARK-Which you people should know, there's a lot of people that go in there to use the facility for going up to the lake or going up the river for duck hunting. A lot of people go down there with the bows and arrows and they go up the river for shooting Carp or along the shoreline. A lot of them go duck hunting back in that old canal part coming in by boat. Some of them come across the river and we feel that if you put a law against the gun and the bow down in that area, I think it's gonna kind a bother the hunting and the fish, or the hunting down there anyways. SUPERVISOR BROWER-Mr. Hafner, would you like to address this? I think we've had a little discussion on this. COUNSEL HAFNER -Yes. We heard your concerns sort of before the meeting and the board had, well two members of the board had asked whether we could deal with your concern and if the board does wish to, I've marked out on here changes that would just prohibit the discharge of firearms on the park. The concern that the board asked us to help them with was these parks are public places where kids and other people are. It's the safety of the children that they're concerned with and mere carrying of weapons that you're legally entitled to carry, at least two members indicated that they were not concerned about that. They were concerned about the discharge and you know, if the board would let me know which way the want to go, I can tell what the changes are. COUNCILMAN MARTIN-Yea, I think that would COUNCILMAN BREWER-I feel comfortable with that and I'm the one who came to you with it Bob, only because of the concerns that were brought to me that if a man wants to go, like he said, duck hunting or do archery on the river, he's got to be able to get from point A to point B and via our park to get to the launch. COUNCILMAN MARTIN-I've done that. I mean, I've hunted, not the specific water body but I've hunted where, you know, you've obviously got to get your gun and your ammunition into the boat with you to go where you're going to go. COUNCILMAN BREWER-Exactly, and I don't have a problem with that. MR. CLARK-This is one thing we were concerned about. Matter of fact, I talked to Mark Brown up in Warren County, up in DEC and tried to get some points from him to come down with it too. But I realize, you know, you've got the kids out there, you do have irresponsible shooters and that's what's causing a lot of the problems on a lot of these parks and stuff like this. Going through it or being on it, I can't see that, you know of where the boat would be concerned or going down if you're going to use the boat for going out on the thing. But if you do take and you follow this up, with the writing that you have, you have plus your land and the surrounding area. That's the way it's written here. COUNCILMAN BREWER-I think what the intent was that they couldn't be discharged and help me if I'm wrong, Harry that the arrow or the gun or the bullet or whatever, would go across our property. MR. CLARK-Well if you look at what your thing is here it's saying, I don't have my glasses, I was just looking at one part of it. COUNCILMAN BREWER-All right, I see where you're saying discharge a firearm or a bow. MR. CLARK-But it's saying, discharge in or around. In or around and the way that you're presenting it COUNCILMAN BREWER-Or near town parks. MR. CLARK-In other words, you're saying the surrounding area right along with the parks land. COUNCILMAN BREWER-I see where you're saying it says discharge of firearm or bow in or near town parks. COUNCILMAN MARTIN-Well, let's see what Bob's got to say here. He's got some corrections. COUNSEL HAFNER-That's in the purpose. In the prohibition, the thing that's actually prohibited is in dash 16 which says that it's unlawful to discharge any firearm or any bow so that the projectile shall pass across or on any town park or recreation area. That is what the prohibition is. We had talked earlier about the deleting the provisions that talked about just carrying and if you want, I think Jim, you're asking for me to make which changes in order to do that which Tim and Dennis talked with me about. COUNCILMAN MARTIN-Yea, okay. COUNSEL HAFNER-In the first one in purpose, we would get rid of carry and or. COUNCILMAN MARTIN-Okay. COUNSEL HAFNER-In one dash fifteen. It would be prohibition on use of weapons. We'd delete possessIOn or. COUNCILMAN BREWER-Where are you, Bob? COUNSEL HAFNER-At the bottom of COUNCILMAN BREWER-One twenty-four fifteen, okay COUNSEL HAFNER-Yes, one twenty-four fifteen and in the body of the language, after in line of duty, we would also delete to possess or, to make it clear that we're just talking about the use of the firearm. Okay. Then in one twenty-four dash seventeen, since we're getting rid of the provisions that say, you can't carry the weapons in the park, there's no need to have an exception for parades and we can just delete that one and then dash eighteen would be changed to dash seventeen. COUNCILMAN MARTIN-Wouldn't the tittle for one twenty-four dash fifteen also have to be revised, prohibition on use of weapons? COUNSEL HAFNER-Yes and if! didn't say it, I thought I had, I'm sorry. DEPUTY TOWN CLERK BARBER-Yes, you did but say it again. COUNCILMAN MARTIN-Oh, he did? COUNCILMAN TURNER-Yea, he said it. COUNSEL HAFNER-Okay, the prohibition on the use of weapons. COUNCILMAN MARTIN-Okay, so I didn't hear it. COUNSEL HAFNER-That's okay. So, does that meet your concerns? MR. CLARK-Yes. COUNSEL HAFNER-Okay. MR. CLARK-Especially for the people that want to go up for the hunting. You know, it's getting harder and harder for places to find to fish, to hunt and it's really getting bad. Your other park up there, I thought maybe somebody would be here from Park and Recreation but I don't know if you people have looked at the one up there in Glen Lake. The little fifty footer you got up there that the town owns. COUNCILMAN MARTIN-Yea. COUNSEL HAFNER-Okay. MR. CLARK-There's two poles out there in the water and I would like to know who put the poles out in the water cause I had never seen nothing on it. They're two wooden poles setting in the water now. UNKNOWN-So you can't launch a boat there. COUNCILMAN BREWER-Harry, are you aware of that? MR. CLARK-But that's, and what it is, I see it the other day, I just had my wife with me and I took a ride up there. Now, I know we have paraplegics go up there that's in wheelchairs and they'll get down as far as they can along that rail and then they'll pull their canoe out, leave their wheelchairs there and go out and that's where one pole is sitting. Now, it could be the guy from Docksider because actually the story is he's telling people that launch their boat, to drive their car on the other side with their trailer and that would stop, actually the people from the Town of Queensbury or people that want to use that site, they can't use it. COUNCILMAN MARTIN-We'll have to look into that. MR. CLARK-Another thing is, another thing is there you got people that's leaving boats there which makes it hard. You can only get about maybe three to four cars there. But what I'm saying is, I always looked at it as first come first serve but you've got people that's parking there and then they're leaving the boats there, that actually people can't get on there and especially, I mean that's one other area. The little area down below, we used to go in that bay, we used to park along side the road. St. Mary's Bay, is it? COUNCILMAN MARTIN-Yea. MR. CLARK-That's posted up where you can't even park along side of the road. Even if you could get two cars in there, you could put a boat in there and they got that now that that's all posted up too. So, and more and more. There used to places up in Assembly Point, Cleverdale and stuff where you can actually along the side you could, you use to be able to bullhead fish and all you're seeing is signs, no parking, no standing. So, I mean so it's getting harder and this is why I wanted to address it. I mean, I'm talking as a sportsman counsel president and you know. COUNCILMAN BREWER-Let Mr. Hansen address your concern about. HARRY HANSEN, Director of Parks & Recreation-I don't know anything about the wooden posts but I certainly can find out. SUPERVISOR BROWER-Harry, would you like to address those? MR. CLARK-It be appreciated. MR. HANSEN, Director of Parks & Recreation-As to the boats, we always have a problem and we make a request and then we take boats. I have a number of boats that have been placed in the Highway Department over a number of years, the last twenty-two years for people who have left boats in there illegally and now they don't own them anymore. MR. CLARK-Good. MR. HANSEN, Director of Parks & Recreation-Then they come forward and they ask for them and then we give them back to them. But you can't park a boat in there and that's true. So, when you, if you find one, don't hesitate to call us cause we're more then happy to have it removed. MR. CLARK-Well, sir I went down, I went next door over here and I went to Parks and Recreation, I did say something about before, last year. MR. HANSEN, Director of Parks & Recreation-Who did you say it to? MR. CLARK-To the girl that was there. MR. HANSEN, Director of Parks & Recreation-Okay. MR. CLARK-And, like I said, there's three boats there. Well, come to find out, it was kids across the road that live in campers, or people that live in houses we're leaving their boats there. MR. HANSEN-Certainly have them removed. MR. CLARK-So, that be appreciated. But the two poles, right now. MR. HANSEN - I don't know anything about those. . . MR. CLARK-They're right out in the water. I asked Mark ..., if he heard anything about it too from DEC. MR. HANSEN-First time I heard. I won't say whose put them in but we certainly can find out. They shouldn't be and if they were put in, I'm sure somebody put them in so that they don't back a trailer in there because it's not for trailer launches. MR. CLARK-I realize that. But the way they got it, they got, you know where your metal pole is, that says no parking? Right out in the water, no parking, right out in the water and that's the way they got it. SUPERVISOR BROWER-Thank you Harry. COUNCILMAN STEC-Harry, we're a little bit off the topic here and I was going to bring this up later but since it came up, Christine Mozal has complained to me recently that she's having a problem with people next to the Docksider, putting their boats in and parking their cars and trailers in her parking lot. I, you know she was a little frustrated and asking questions about you know, what we can do and MR. HANSEN, Director of Parks & Recreation-People putting their boat in the Docksider? COUNCILMAN STEC-Putting their boat in at our launch, the town launch and parking their trailer and their vehicle in her parking lot. MR. HANSEN, Director of Parks & Recreation-Tell her to give us a call. There's a local law on the books which says we have permission to call Warren County Sheriff. They have reacted a number of times over the years to people just in that instance. If we catch somebody launching with a trailer, I don't remember the gentleman but I have dealt with a lot of other people in the area who have had a problem and we've responded to it. COUNCILMAN STEC-But if it's off hours or on weekends, can she call the Sheriff directly, herself? MR. HANSEN, Director of Parks & Recreation-Sure. COUNCILMAN STEC-All right. MR. HANSEN, Director of Parks & Recreation-She can call my number and I'll call the Sheriff directly. COUNCILMAN STEC-All right. MR. HANSEN, Director of Parks & Recreation-We've had problems in the evenings at Hudson River Park and they'll call me and I'll call the Sheriff. COUNCILMAN STEC-Right, because I mean she's got problems already and we're just getting into the season and I'd rather see it nipped in the bud then watch it blow up on July 4th weekend. Is there something that we can do. MR. HANSEN, Director of Parks & Recreation-There's signage. COUNCILMAN STEC- I'm not familiar with the signage. MR. HANSEN-There's signage and that's the only thing we have done in the past. COUNCILMAN STEC- There is some signage there? MR. HANSEN, Director of Parks & Recreation-Yes sir. It says the park closes at dusk, I believe and it gives you the hours, it gives you the number of cars that can park and it says that you can't put a trailer in there. MR. CLARK-There's no signs that I've seen. There's no signs there now that I've seen. COUNCILMAN STEC-I can't, yea, I was just there this weekend, I can't recall seeing. There may have been some signs but I don't recall them. MR. HANSEN, Director of Parks & Recreation-I'll check it out. COUNCILMAN STEC-Thanks. That's all you can do. I just thought I'd bring it up since we we're talking about Glen Lake, the boat launch. SUPERVISOR BROWER-Thank you, Skip. MR. CLARK-Guess I'll be satisfied for that, for the other. SUPERVISOR BROWER-Do I hear any motions on this resolution? COUNCILMAN BREWER-I'd like to introduce it. SUPERVISOR BROWER-With the amendments? COUNCILMAN BREWER-With the amendments. COUNCILMAN STEC-And I'll second it with the amendments. SUPERVISOR BROWER-Introduced by Mr. Brewer, with amendments. COMPTROLLER HESS-Is the public hearing closed? SUPERVISOR BROWER-Oh, I'm sorry. Anyone else? Mr. Salvador MR. SALVADOR-If this local law is just going to be confined to the discharge, isn't that illegal anyway? COUNCILMAN STEC-Well, I going to ask that too. Now, what about, this talks about parks and recreation areas so I am to assume that any other town owned land in the Town of Queensbury, it's okay to shoot weapons? MR. SALVADOR-Any. How about my own land? How about my own land? COUNCILMAN BREWER-We can't, we can't COUNCILMAN STEC-Well, we're not posting on your land. MR. SALVADOR-Aren't there laws that protect me from some COUNCILMAN STEC-Five hundred feet. COUNCILMAN BREWER-Five hundred feet from your home. COUNCILMAN STEC-Five hundred feet from a dwelling. MR. SALVADOR-Okay, is that sufficient for the town. COUNSEL HAFNER-That's sufficient for the residents who have property. What these properties are, they're not residences, they're not in the list that the state has that include those. It includes school playgrounds, it includes a whole bunch of things. I think like hospitals and, but it does not include town parks. We called DEC to confirm that because it seemed ludicrous to us and they said, "You are absolutely right, the only thing that you can do is have your own local law" . Well, you can post it which is what we did last, at the end of last year. You can have your own local law and you can only do with what we're doing here. COUNCILMAN STEC-So, Bob, is there any town own land that's not, where it's legal to shoot a firearm, in the town? That's not covered by this or something else? Is there anything else that's not called park or recreation area that the town owns that you can discharge a firearm in? I mean, I think the intent here is that we don't want the discharge of firearms on any land that the town owns. COUNSEL HAFNER-The intent was that we had particular cases of people hunting on town parks and we were concerned for the children in the parks and that's why we did this and we limited it to the circumstances that we were dealt with. If you want us to look into broader then that, I did not COUNCILMAN STEC-Well I just want to make sure that if it's not a park or recreation area, i.e., here. Is there something, is there a law that prohibits the discharge of a firearm on this property? COUNCILMAN BREWER-Yes, there's houses within five hundred feet. COUNCILMAN STEC-Ifyou're five hundred feet away then you're, COUNCILMAN BREWER-There's a dwelling within five hundred feet, right? COUNCILMAN STEC-I'm not saying I know the answer, I'm just saying that if our intention is to make the town safer, then we want to make sure that all the properties are covered. That's all I'm saying. MR. CLARK-That's, whether occupied or unoccupied, that's five hundred feet from any dwelling. COUNCILMAN BREWER-So I think we're safe there, pretty much on all town property there's buildings. COUNSEL HAFNER-Right, it was five hundred feet from buildings. The problem was that we didn't have SUPERVISOR BROWER-Would anyone else like to address the board? Mr. Hansen. Would you come up and speak into the microphone please and just identify yourself. MR. HANSEN, Director of Parks & Recreation-I think the question that was asked is a very valid question. I think you might want to expand it to cover all town property because in fact, you may have, you could be five hundred feet away from this building, still be on this property and shoot a weapon. So, you know, I'm not going to tell the board, I just want to cover the parks and the recreation areas but I think you may want to cover others. COUNCILMAN STEC-And I'm not saying, let's hold this up tonight, I'mjust saying that it may be a good follow up in the future that we may follow this up with another local law that broadens the spectrum here to say, no, cause that's our intent here. Our intent is, there should be no reason why a firearm should be discharged on any town own property. COUNCILMAN STEC-Can we just insert that right now, Bob? All town property. COMPTROLLER HESS-This is called parks and rec code, right? COUNCILMAN STEC-But this falls under Parks and Recreation. COUNCILMAN BREWER-Okay. COUNSEL HAFNER-This public hearing was set for limited to public COUNCILMAN STEC-Right, I'm saying maybe in the future. COUNCILMAN MARTIN-I'm not so sure I agree with that whole town property business. I mean, as a sportsman, there maybe perfectly legitimate areas that are town own property that there's nothing wrong with somebody going on there and doing some game hunting or something like that. MR. CLARK-The only thing that I want to say COUNCILMAN MARTIN-Parks are different. MR. CLARK-The only thing that I want to say is, I went to the Warren County deal about posting Warren County Airport, okay. I was at a meeting at that and if you don't protect your butts and that's what you better do because actually, you want to put all Town of Queensbury land in it. COUNCILMAN STEC-That's right, Jim. That's, you need permission of the landowner and it's a liability Issue. MR. CLARK -You've got to protect yourself because if they're on your land and something happens, they can come back on yous as long as you don't have that little writing. The writing is the most important part. COUNCILMAN BREWER-Well, you know I think we are pretty well protected because if the land is passive, it's recreation. If it's active, it's recreation. SUPERVISOR BROWER-The dump might be the only exception. COUNCILMAN MARTIN-No, there's other owned, there's other land owned by the town. COUNCILMAN BREWER-I'm not saying that there isn't, Jim. COUNCILMAN MARTIN-I mean Dr. Reid gave us like seventy some acres that are up by Rolling Ridge that's town owned property. COUNCILMAN STEC-Unless it's specifically designated. COUNCILMAN BREWER-What part of the town, is that under control of the Recreation Department? COUNCILMAN MARTIN-No. COUNCILMAN BREWER-It's not? How, what part of the town is holding that or taking care of it or whatever? COUNCILMAN MARTIN-It's just town, we're the name on the deed. There's no specific purpose, it was given to us as a gift, we're the landowner. COUNCILMAN BREWER-Okay. COUNCILMAN STEC-Ijust think it's a, if we want to allow it, then I think we should specifically allow it. We shouldn't just allow it by default or inactive, we should ban it unless we specifically say here it's allowed because the intent here is that you're allowed to use it for hunting or whatever. But I just think as a general rule, you're on thin ice with the liability. MR. CLARK-I would say to cover your butts, yea because you gotta, no matter which way you look at it really. COUNCILMAN TURNER-Here's a for instance, we own seventy-two acres along the Halfway Brook that was deeded to the town recreation department that comes under this. COUNCILMAN BREWER-That's right. COUNCILMAN STEC- That's right. COUNCILMAN TURNER-And you should be able to hunt in there. It's all wooded. COUNCILMAN STEC-I would say unless we specifically designate certain parcels, Bob, that's and Ted, that we can always make exceptions to our laws. COUNSEL HAFNER-What we did was we were asked to do this for parks. COUNCILMAN BREWER-And you did a wonderful job. COUNSEL HAFNER-We did exactly what you asked and we have it COUNCILMAN STEC-And I agree with that. COUNSEL HAFNER-And we'll be glad to research. COUNCILMAN STEC-I'mjust, this spurs the thought for future. COUNSEL HAFNER-Yes. SUPERVISOR BROWER-That's frankly, my feeling to. COUNCILMAN STEC-I'm comfortable on acting on this right now, I don't want anyone to mistake that. COUNCILMAN MARTIN-I don't mind parks and recreation because you have an area where there's a propensity to have children and things like that. But I, what's, you know, I'm not bothered by somebody hunting on property as long as they're meeting all the other standards that are in place by DEC and all that. What's so wrong with that? COUNCILMAN STEC-I'm not either, I'mjust saying, do we want to make, do we want to leave it un- addressed? Are you comfortable with SUPERVISOR BROWER-At least for the evening, yes. COUNCILMAN BREWER-We can talk about that at a workshop next week. How's that? COUNCILMAN STEC-I'm not saying we have to answer it tonight. I'm just answering your question. You asked me a valid question, I'm trying to answer. You moved it, I seconded it. Let's go. SUPERVISOR BROWER-We have a speaker that would like to identify himself. PLINEY TUCKER, Division Road-Pliney Tucker, Division Road, Queensbury. I'm quite familiar with the Hudson River Park down there, my daughter has a house right there. You have people come from everywhere down there all times of the year shooting weapons. They cross park property, there's a big chunk of property owned by DeSantis that's got a radio tower on it down there, they cross park property and they do a lot of target practice in there and from that point they can shoot all over the park. So, I understand that the Sheriffs Department and they get calls when these guys are down there, right and of course they're crossing park property to get in to do their shooting, whatever they're doing and that's where they get caught. They're beyond park property but they're in an area where they could shoot all over the place. So, I think the law was written that they couldn't carry any weapons on park property and I can understand Skip's problem but that was the reason it was put into the law. COUNCILMAN BREWER-But Pliney, if a guy is going to do that, he's going to do it whether you have a law or you don't have a law. That's just total disrespect for other people's property if a person does that. What the intention of this is to protect the children and I understand what you're saying, people are going to shoot, they're going to shoot whether you have this law or you don't to destruct property. So, I think this is a good law and I don't want to prevent a guy from going down there if he wants to hunt and go duck hunting on the river, I don't have a problem with that because that persons probably going to respect the property and respect the rights of others and not do that. MR. TUCKER-I understand what you're saying. COUNCILMAN BREWER-What you're talking about is a bunch of juvenile delinquents. MR. TUCKER-I agree with you but I was telling you the reason that it was put in there. COUNCILMAN BREWER-I understand but COUNCILMAN MARTIN-No, I think this is a good action here about the parks. COUNCILMAN STEC-I agree. COUNCILMAN MARTIN-I'm not so sure that I on all town land. COUNCILMAN STEC-And you're right and that's a discussion for another night. MR. TUCKER-Jim, just one question for you. I can't think of any chunk of land of any size that the town owns. COUNCILMAN TURNER-Seventy-two acres Pliney, along the Halfway Brook. COUNCILMAN MARTIN-Own two hundred acres up by Rolling Ridge. MR. HANSEN, Director of Parks & Recreation-No, that one's ours but Jim had the right point. Dr. Reid gave the town on the corner, on Ridge Road just donated seventy some odd acres probably eight, ten years ago. This is something eventually probably for a land trust organization to take something like this but you know, do you want to protect something like that? Is it huntable? Is it, should it be opened to hunting? COUNCILMAN BREWER-Don't know. COUNCILMAN STEC-And we can always make an exception later. We can always clarify, we could add. COUNCILMAN MARTIN-Oh, I think this is a good action for now. COUNCILMAN STEC-Create a list where, I agree, I think this is perfect for tonight. SUPERVISOR BROWER-Mr. Naylor? Oh, Mr. Tucker are you finished? MR. TUCKER-Yea. SUPERVISOR BROWER-Mr. Naylor, would you like to comment? P AUL NAYLOR, Division Road-Paul Naylor, Division Road. I don't know if you gentlemen are aware of it but that is a town road that goes all the way down to the boat launch, a legal town road. So, the parks on both side of it but basically that's a town road. COUNCILMAN MARTIN-Oh, yea. SUPERVISOR BROWER-Mr. Hess? COMPTROLLER HESS-Yea, can I speak from here as an interested citizen without going to the other mic? SUPERVISOR BROWER-Absolutely, as long as you identify yourself. HENRY HESS, 30 Meadow Drive-Yes, Henry Hess, 30 Meadow Drive. You know, when you deal with firearms regulations and I'm not too familiar in New York State but I was very active shooting sportsman where I came from but what you're talking about is a number of terms that are used possess, carry, carry concealed or carry displayed, transport, discharge, brandish, you know, a number of things. But I think that what you should consider here is not allowing carry specifically but allowing transport across and that is, that's typically how states or governments allow firearms to go from one place to another without allowing them to be displayed or brandished, if you will and I think you could write the word transport so you can transport across your property but not necessarily carry it on your property. COUNCILMAN BREWER-I think we're making a mountain out of mole hill, the intent is not to let people shoot on the property. SUPERVISOR BROWER-So they're not necessarily visible, you're saying. MR. HESS-Usually when you transport, you might have requirements. It has to be cased or in the truck of a car or broken down COUNCILMAN MARTIN-Unloaded obviously. MR. HESS-Unloaded, that type of thing but that's, transport is a definition that in other parts of the world where I come from has a legal meaning other then carry and it sounds to me like COUNCILMAN BREWER-Then now do we have to define transport in here? SUPERVISOR BROWER-Thank you. Would you concur with that Mr. Hafner? Transport is a good term to use? I'm not a firearms expert. COUNSEL HAFNER-I haven't looked into whether New York has that as a specific term. We drafted it the way the town wanted it and we've made the changes that you wanted. If you want us to look into transport, we'll be glad to. COUNCILMAN STEC-I agree, there is a difference between transport and carry. COUNCILMAN TURNER-I think if you carry a firearm in your vehicle, you've got to have the bolt out of it, the shells locked up either in a case, you know, it's got to be disarmed. COUNCILMAN BREWER-I think this is sufficient. COUNSEL HAFNER-I had thought that you changed your mind tonight and you wanted to stop just the discharge of weapons. COUNCILMAN BREWER-We do. MR. CLARK-Except a pistol, not unless you specify it. SUPERVISOR BROWER-What's that? MR. CLARK-Except a pistol. SUPERVISOR BROWER-Yea but you've got to have a pistol permit for that anyway. COUNCILMAN MARTIN-I think this works for what was intended tonight but Henry makes a good point that you know, maybe a further investigation about transporting and things but I think for what we were trying to accomplish, this does it. COUNCILMAN BREWER-But then again, Jim you're not on town property. SUPERVISOR BROWER-Would anyone else like to address the Town Board on this public hearing at this time? Okay, in that case I'm going to close the public hearing. PUBLIC HEARING CLOSED 8:35 P.M. RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 124 ENTITLED, "PARKS AND RECREATION AREAS" RESOLUTION NO.: 179,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering adoption of Local Law No.: 5 of 2000 to amend Town Code Chapter 124 entitled, "Parks and Recreation Areas," by adding a new Article II entitled, "Prohibition of Firearms" which Local Law would help protect the public from the unauthorized discharge of firearms or bows in Town Parks and Recreation Areas by making it a criminal action to discharge a firearm or a bow in or near Town Parks and Recreation Areas, and WHEREAS, the Town Board duly held a public hearing on April 17th, 2000 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2000 to amend Queensbury Town Code Chapter 124 entitled, "Parks and Recreation Areas," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None LOCAL LAW NO.: S OF 2000 A LOCAL LAW TO AMEND CHAPTER 124 OF QUEENSBURY TOWN CODE ENTITLED "PARKS AND RECREATION AREAS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 124 of the Code of the Town of Queensbury entitled "Parks and Recreation Areas," is hereby amended by adding a new Article II entitled "Prohibition of Firearms and Bows" as follows: ARTICLE II Prohibition of Firearms and Bows ~ 124-13. Purpose. ~ 124-14.Definitions. ~ 124-1S.Prohibition on Possession or Use of Weapons. ~ 124-16.Prohibition on Discharge of Weapons. ~ 124-17.Exception for Parades. ~ 124-18.Penalties for Offenses. ARTICLE II Prohibition of Firearms ~ 124-13.Purpose. The purpose of this Article is to protect the public from the unauthorized discharge of firearms in Town Parks and Recreation Areas by making it a criminal action to discharge a firearm or bow in or near Town Parks and Recreation Areas. ~ 124-14.Definitions. As used in this Article, the following terms shall have the meanings indicated: A.FIREARM - Any pistol, revolver, shotgun or other weapon, irrespective of size, by whatever name known, loaded or unloaded from which a bullet or bullets or shots may be discharged B.BOW - Any bow and arrow, crossbow or any similar weapon. C.PEACE OFFICER - All persons designated as Peace Officers in accordance with ~2.1O of the Criminal Procedure Law of the Consolidated Laws of New York. D. TOWN PARK OR RECREATION AREA - All Town owned or controlled parks, playgrounds or beach areas, including, without limitation, the Hudson River Park. ~124-15.Prohibition on Use of Weapons. It shall be unlawful for anyone, other than a Peace Officer, in the line of duty, to use a Firearm or a bow in any Town Park or Recreation Area. ~ 124-16.Prohibition on Discharge of Weapons. It shall be unlawful for anyone other than a Peace Officer, in the line of duty, to discharge any Firearm or a bow in such a fashion so that the projectile therefrom shall pass across or on any Town Park or Recreation Area. ~ 124-17.Penalties for Offenses. A person convicted of violating this Article shall be guilty of a misdemeanor and shall be subject to a fine of not less than $500 and/or imprisonment for a period of not more than sixty (60) days. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the New York Municipal Home Rule Law. (Councilman Brewer temporarily left meeting room) PUBLIC HEARING - Proposed Local Law - "Use of Temporary Toilet Facilities" Notice Shown 8:37 P.M. SUPERVISOR BROWER-I'd like to open the public hearing at this time and I'd like to ask if anyone would like to comment on the resolution, yes or excuse me, public hearing? Mr. Salvador. MR. SALV ADOR-Ijust had a question. Does the use of port- a-johns in a town park meet the public health code? SUPERVISOR BROWER-That's a good question. MR. SALVADOR - I can't use them in my park regardless of what your local law is. SUPERVISOR BROWER-You can't use them on your property? MR. SALVADOR-On a beach, on a park, a river. COUNSEL HAFNER-We can't do them on a beach. MR. SALVADOR-No. COUNSEL HAFNER-We specifically excluded beaches. MR. SAL V ADOR- Wherever on our property. SUPERVISOR BROWER-Well we hope to, the intent of this local law, I believe was to enable the town to site port-a-johns where bathroom facilities are not possible such as Hudson River Park, such as the Warren County Bike Trail in the Queensbury section. MR. SALVADOR -Usually the public health code requires hot water available for people to cleanse themselves after they use facilities, that's why SUPERVISOR BROWER-But they have the germ, the have the anti-bacterial, waterless lotions now. MR. SALVADOR-Everything. SUPERVISOR BROWER-But we, obviously we'll check with the health department to make sure that it's going to be appropriate before we would site any of these. MR. SALVADOR-And how is this going to look from the Northway? Our park down there, I don't where they're going to be, if they're going to be screened or what but it's, I think you should do the right thing. You should put toilets in there. MRS. SAL V ADOR- Y ou could put Clivus Multrum waterless toilets in, you don't need water. MR. SALVADOR -Yea, Clivus Multrum. MRS. SALVADOR-They're used on Prospect Mountain. It's not state of the art, they've been used for years. MR. SAL V ADOR- That's a good idea. SUPERVISOR BROWER-Oh, we're going to look at our options, believe me. MR. SALVADOR - Well, I question SUPERVISOR BROWER-But the key is, though right now we're not providing any sanitary facilities, any type of bathroom facilities for men or women and quite frankly it's not acceptable, as far as I'm concerned and we've got to address it and this is a start toward that end. MR. SALVADOR - Well I would just question that this meets the requirements of the public health code. SUPERVISOR BROWER-Thank you Mr. Salvador. Would anyone else like to address the board at this time on this subject? Mrs. Salvador. MRS. SAL V ADOR-Ifyou're going to port-a-johns on the bike path, how are they going to get into to clean them if there's no motorized vehicles allowed on there? SUPERVISOR BROWER-They're going to be in areas where, for example like on Country Club Road where there's a parking area and they'll be pumped regularly. MRS. SALVADOR-Tacky. COUNCILMAN MARTIN-I believe they do allow motorized vehicles on there for maintenance anyhow. MRS. SALVADOR-Tacky. SUPERVISOR BROWER-We'll probably screen them in some fashion. MRS. SAL V ADOR-I would hope so. SUPERVISOR BROWER-So they won't look MRS. SALVADOR-That would look horrible. I mean, we should be proud of the things we're doing and not putting yellow or blue port -a-johns where John Q public can see them as they drive by. SUPERVISOR BROWER-Well I'm hoping we'll be able to screen them and have them look attractive so it isn't an eyesore but more importantly to serve the public as they utilize the facilities. MRS. SALVADOR-But you're going to have to be very, very careful because we know dealing with the public, the public will be using them. SUPERVISOR BROWER-Oh, yes. MRS. SALVADOR-Not only your bikers, the public will be using them. SUPERVISOR BROWER-Sure. Thank you. Anyone else care to address the board? Yes. JOHN DWYER-I just want to say, my name is John Dwyer, I'd just like to say there are certain places within the town where portable johns can be used without the issue of sightlessness. For example, we use the soccer fields up by Jenkinsville and you have a full bath facility down by the softball fields. The trouble there is they're not always open especially when the kids are practicing and a lot of times we have our games on Sunday because the softball activity is not there. So, for our purposes, it would be great to have two to four of these units to use because the kids practice there all week long and we're talking about maybe two hundred fifty kids and on, you know when the games are on there's a lot of people. So, it's, I've worked well with Harry in the past and we have a key but I'm not always there. So, in cases like that, that's different then when you're talking about maybe in a regular town park facility where you might have to worry about attractiveness. But I just wanted you to be aware there are other situations where this would be very valuable. So, I think it's a good idea. SUPERVISOR BROWER-Thank you. Anyone else care to address the board on this topic? Okay, at this time then, I'll close the public hearing. PUBLIC HEARING CLOSED 8:42 P.M. RESOLUTION ENACTING LOCAL LAW NO.: 6 OF 2000 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE VI ENTITLED, "USE OF TEMPORARY TOILET FACILITIES" RESOLUTION NO.: 180, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering adoption of Local Law No.: 6 of 2000 to amend Town Code Chapter 136, Article VI entitled, "Use of Temporary Toilet Facilities," which Local Law would add additional exemptions to the requirement for temporary toilet facilities, and WHEREAS, the Town Board duly held a public hearing on April 17th, 2000 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6 of 2000 to amend Queensbury Town Code Chapter 136, Article VI entitled, "Use of Temporary Toilet Facilities," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None ABSTAIN: Mr. Brewer LOCAL LAW NO.: 6 OF 2000 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE VI OF QUEENSBURY TOWN CODE ENTITLED "USE OF TEMPORARY TOILET FACILITIES" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 136-136 of Chapter 136, Article VI of the Code of the Town of Queensbury entitled "Use of Temporary Toilet Facilities," is hereby amended by adding new subsections "C" and "D" as follows: ~ 136-36. Exceptions. This Article shall not apply to temporary toilet facilities provided for: A.Employees engaged in construction. B.Temporary festivals and/or celebrations that last fewer than five (S) days. C.Town owned or controlled parks and recreation areas, other than Town beaches, including, without limitation, Hudson River Park. D. Such other public places as the Town Board shall designate by Resolution. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the New York Municipal Home Rule Law. OPEN FORUM 8:46 P.M. Mr. Pliney Tucker, Division Road referred to the highway pickup of limbs and leaves, questioned whether the fees will be waived for the Month of May for the people who haul their own stuff to the landfill? Mr. Missita, Highway Superintendent explained that the Landfill Superintendent has agreed to charge twenty-five cents per bag or eight bags or more, for two dollars for those people who choose to bring their bags to the landfill rather then wait for the Highway Department. Noted, further that the Highway Department will be chipping the limbs as we go along, spending a week in each ward. Mr. Tucker questioned whether counsel has heard anything regarding the case involving the death of Johnny Johnson? Counsel Hafner noted that the counsel's office has not received word. Mr. Tucker noted that he's heard a nasty rumor regarding one of the newly elected County Supervisor's that he's been on vacation for a couple of months and questioned whether anyone keeps track of the meeting attendance? Councilman Stec referred to the attendance, absence list of the county meetings that he had in his possession and noted that this particular individual had not missed a meeting. Mr. Salvador noted that the town has hired special counsel for the suit filed against the town by the Rowlands and questioned whether the same counsel will be representing the town where he's plaintiff in the suit that he brought against the town? Supervisor Brower noted that it makes sense and the Town Board will have to address that. Counsel Hafner recommended reviewing resolution to see if in fact the town did authorize special counsel for both cases and if not, can prepare resolution for the next meeting. Supervisor Brower agreed. Mr. Salvador spoke to the board regarding the trash plant... questioned whether there's been a determination as far as whose going to be lead agent for the Bay Bridge sewer project? Councilman Brewer-No, we don't have a project yet. Councilman Stec- They're in the process of defining the project. Mike Shaw, Deputy Director of Wastewater-Right now the Baybridge Homeowner's Association is preparing a Map, Plan and Report. Mr. Salvador recommended an EIS in this area, would take care of the whole corridor, right up to this building. .. spoke to the board regarding a town wide management program for wastewater. OPEN FORUM CLOSED 8:59 P.M. RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO.3 TO QUEENSBURY TECHNICAL PARK SEWER DISTRICT RESOLUTION NO.: 181,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer Extension No.3, and WHEREAS, CVS Pharmacy and the West Glens Falls Fire Company, Inc., (Companies) previously obtained approval to construct a sewer line extending along Luzerne Road to provide sewer service to their parcels and by temporary agreement with the City of Glens Falls, this sewer line connects to the City's municipal sewer system, and WHEREAS, the Town of Queensbury has initiated the process to extend the Queensbury Technical Park Sewer District in an effort to serve these parcels and others along Luzerne Road, Queensbury and on April 6th, 1999, the Town conducted a public information meeting to explain the sewer district formation process and invite property owners along Luzerne Road to join the proposed district, and WHEREAS, Jarrett-Martin, LLP, engineers licensed by the State of New York, prepared a Map, Plan and Report regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve the Companies and other interested property owners along Luzerne Road extending from Western Avenue approximately 1f4 mile west to the intersection with Veterans Road, Queensbury, such area consisting of approximately 65 acres of land as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system., a report of the proposed sewer system and method of operation, and WHEREAS, on October 18th, 1999, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) boundaries of the proposed Sewer District; (b) proposed improvements; (c) the maximum amount proposed to be expended for the improvement; (d) estimated cost of hook-up fees (if any) and cost of the Sewer District to the typical property and typical one or two family home (if not the typical property); (e) proposed method of financing to be employed; (f) that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) time and place of the public hearing on the proposed Sewer District; (h) that all the expenses of the district, including all extensions, shall be a charge against the entire area of the district as extended; and WHEREAS, copies of the Public Hearing Order were duly published, posted and filed with the State Comptroller's Office as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on November 1st, 1999 and the Town Board considered all information concerning the proposed Extension, and WHEREAS, the Town Board considered the establishment of the Extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town ~209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town Board wishes to establish the proposed Sewer Extension as detailed in the Map, Plan and Report, consolidate the Extension with the Queensbury Technical Park Sewer District in accordance with Town Law ~206-a and adopt a Final Order extending the Queensbury Technical Park Sewer District, NOW, THEREFORE, IT IS ORDERED, the Queensbury Town Board hereby determines that: The Notice of Public Hearing was published and posted as required by law. l.It is in the public interest to establish, authorize, and approve Queensbury Technical Park Sewer District Extension NO.3 to the Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Final Order; 2.All property and property owners within the extension are benefited; 3.All property and property owners benefited are included within the limits of the extension; 4.In accordance with New York State Town Law ~206-a, it is in the public interest to assess all expenses of the District, including all its extensions, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District are assessed against the entire extended District; and IT IS FURTHER, ORDERED, that: l.The Queensbury Town Board hereby authorizes, approves and establishes Queensbury Technical Park Sewer District Extension NO.3 to the Queensbury Technical Park Sewer District in accordance with the boundaries and descriptions set forth in this Final Order and in the Map, Plan and Report. 2.The boundaries of Queensbury Technical Park Sewer District Extension NO.3 to the Queensbury Technical Park Sewer District are as follows: Beginning at a point at the intersection of the southerly boundary of Luzerne Road with the westerly boundary of Western Avenue, said point being in the division line between the Town of Queensbury on the West and the City of Glens Falls on the East, and running thence from said point of beginning westerly along the said southerly boundary of Luzerne Road 45.59 feet to a point in the easterly boundary oflands now or formerly of Keith F. Cavayero and Elysa H. Baron; thence southwesterly along the said easterly boundary oflands now or formerly of Keith F. Cavayero and Elysa H. Baron 85.12 feet to a point in the northerly boundary of lands now or formerly of Berkshire-Queensbury, LLC; thence southerly along the easterly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 62.74 feet to a point; thence continuing southerly along the said easterly boundary of lands now or formerly of Berkshire- Queensbury, LLC 147.32 feet to a point in the northerly boundary of Main Street; thence westerly along the said northerly boundary of Main Street 171.16 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 150.00 feet to a point; thence westerly along the southerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 60.00 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Berkshire-Queensbury, LLC 63.64 feet to a point in the southerly boundary of the aforementioned lands now or formerly of Keith F. Cavayero and Elysa H. Baron; thence northerly along the westerly boundary of said lands now or formerly of Keith F. Cavayero and Elysa H. Baron 256.04 feet to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 299.67 feet to a point in the easterly boundary of lands now or formerly of Richard E. and Marie E. Albert; thence southerly along the said easterly boundary of lands now or formerly of Richard E. and Marie E. Albert 290 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Richard E. and Marie E. Albert and the southerly boundary oflands now or formerly of Duane L. and Monica A. Ricketson 185 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Duane L. and Monica A. Ricketson 290 feet more or less to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 206 feet more or less to a point in the easterly boundary of lands now or formerly of Diana S. Tabor; thence southerly along the said easterly boundary of lands now or formerly of Diana S. Tabor 417 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Diana S. Tabor 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Diana S. Tabor 290 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Diana S. Tabor 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Diana S. Tabor 150 feet more or less to a point in the southerly boundary of Luzerne Road; thence westerly along the said southerly boundary of Luzerne Road 60 feet more or less to a point in the easterly boundary of lands now or formerly of Susan L. Craton; thence southerly along the said easterly boundary of lands now or formerly of Susan L. Craton 239.82 feet to a point; thence westerly along the southerly boundary of said lands now or formerly of Susan L. Craton 58.80 feet to a point in the easterly boundary of lands now or formerly of Joseph and Elizabeth Viger; thence southerly along the said easterly boundary of lands now or formerly of Joseph and Elizabeth Viger 6 feet more or less to a point; thence westerly along the southerly boundary of said lands now or formerly of Joseph and Elizabeth Viger 60 feet more or less to a point; thence northerly along the westerly boundary of said lands now or formerly of Joseph and Elizabeth Viger 4 feet more or less to a point in the southerly boundary of lands now or formerly of The Town of Queensbury Post 6196 Veterans of Foreign Wars; thence westerly along the said southerly boundary oflands now or formerly of the Town of Queensbury Post 6196 Veterans of Foreign Wars 165 feet more or less to a point in the easterly boundary of Richardson Street; thence northerly along the said easterly boundary of Richardson Street 250 feet more or less to a point in the southerly boundary of Luzerne Road; thence northwesterly crossing Luzerne Road to a point at the intersection of the northerly boundary of Luzerne Road with the easterly boundary of Veterans Road; thence westerly along the said northerly boundary of Luzerne Road 670 feet more or less to a point in the westerly boundary of lands now or formerly of the City of Glens Falls; thence northerly along the said westerly boundary of lands now or formerly of the City of Glens Falls 710 feet more or less to a point in the southerly boundary oflands now or formerly of Niagara Mohawk Power Corporation thence westerly along the said southerly boundary of lands now or formerly of Niagara Mohawk Power Corporation 680 feet more or less to a point; thence northerly along the westerly boundary of lands now or formerly of Niagara Mohawk Power Corporation and the westerly boundary of lands now or formerly of The City of Glens Falls 750 feet more or less to a point; thence easterly along the northerly boundary of lands now or formerly of The City of Glens Falls 260 feet more or less to a point; thence northerly along the westerly boundary of lands now or formerly of The City of Glens Falls 860 feet more or less to a point in the southerly boundary of Sherman Avenue; thence easterly along the said southerly boundary of Sherman Avenue 1200 feet more or less to a point at the intersection of the said southerly boundary of Sherman Avenue with the easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road 300 feet more or less to a point in the northerly boundary of Harris Street; thence southwesterly 65 feet more or less to a point in the easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road; thence southerly along the said easterly boundary of Veterans Road 1110 feet more or less to a point in the northerly boundary oflands now or formerly of West Glens Falls Volunteer Fire Company No.1; thence easterly along the said northerly boundary of lands now or formerly of West Glens Falls Volunteer Fire Company No. 1 450 feet more or less to a point; thence southerly along the easterly boundary of lands now or formerly of West Glens Falls Volunteer Fire Company NO.1 620 feet more or less to a point in the northerly boundary of Luzerne Road; thence easterly along the said northerly boundary of Luzerne Road 673 feet more or less to a point in the westerly boundary of lands now or formerly of David and Anna Hunt; thence northerly along the said westerly boundary of lands now or formerly of David and Anna Hunt 158.48 feet to a point; thence easterly along the northerly boundary of said lands now or formerly of David and Anna Hunt 81.05 feet to a point in the westerly boundary of Holden Avenue; thence southerly along the said westerly boundary of Holden Avenue 166.14 feet to a point in the northerly boundary of Luzerne Road; thence easterly along the said northerly boundary of Luzerne Road 192.67 feet to a point in the westerly boundary of lands now or formerly of Christine Grigsby; thence northerly along the said westerly boundary of lands now or formerly of Christine Grigsby 125 feet to a point in the southerly boundary of lands now or formerly of Hayes and Hayes, LLC; thence westerly along the said southerly boundary of lands now or formerly of Hayes and Hayes, LLC 45 feet to a point; thence northerly along the westerly boundary of said lands now or formerly of Hayes and Hayes, LLC 287.16 feet to a point; thence easterly along the northerly boundary of said lands now or formerly of Hayes and Hayes, LLC 115 feet to a point in the westerly boundary of W estern Avenue; thence southerly along the said westerly boundary of Western Avenue 451.12 feet to a point at the intersection of the said westerly boundary of Western Avenue with the northerly boundary of Luzerne Road; thence continuing southerly along the westerly boundary of Western Avenue and crossing said Luzerne Road 50 feet more or less to the point of beginning. 3. The sanitary sewer was constructed along Luzerne Road starting at a point approximately 240' east of the center line of Western Avenue, adjacent to an existing City of Glens Falls sewer manhole. The sewer extends westward across Western Avenue for a total of approximately 1365' to a terminal manhole located at the southeast corner of the West Glens Falls Fire Company parking lot. The sewer pipe is 8" PVC and the manholes are 4' diameter precast concrete. The Town of Queensbury obtained record drawings of the system and inspected visible portions of the system following installation. The Town hereby accepts the line. 4.The sewer system to serve the proposed district extension is existing and was constructed and paid for by the owners of the two parcels who solicited the Town for formation of the sewer district extension- CVS Pharmacy and the West Glens Falls Volunteer Fire Company, Inc. Other property owners joining the district will not be liable for any capital costs other than installation of sewer laterals to connect to the sewer main. Individual costs for sewer lateral installation will vary depending on the distance away from the sewer main, whether crossing Luzerne Road is necessary and subsurface conditions such as utilities, groundwater and bedrock. Typical sewer lateral installation costs have been at least several thousand dollars. 5.The maximum amount which was proposed to be expended to form the district extension is approximately $4,000 which has been borne by the properties in District Extension #3. All district members will be liable for purchase of capacity of treatment from the City of Glens Falls. The Town of Queensbury will purchase capacity necessary for the district and district members will reimburse the Town for that cost from the following formula: A. Commercial property owners: ADF x $ 1. 35/gallon; B. Residential property owners: included in district formation charges (shown above); C. Vacant property owners: charged at commercial or residential rate after property is developed; Certain district members have already purchased such capacity and will not have to do so again upon receipt of proof of full payment deemed satisfactory by the Town's Deputy Director of Wastewater. The areas or properties that comprise the extension will also be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District. 6.Annual user fees charged to district members connected to the sewer are estimated to be $2.20/1,000 gallons of metered domestic water usage. This figure is based on the charges paid by other members of the Queensbury Technical Park Sewer District. This fee includes operation and maintenance of sewers within the district as well as the sewage disposal and treatment by the Glens Falls Wastewater Treatment Plant. The average residential user within this district extension is expected to pay: 225 gpd x 365 days/year x $2.20/1,000 gal = approximately $180 per year. Members of the district not connected to the sewer system would not be charged a user fee. 7. In accordance with Town Law ~206-a, all future expenses of the Queensbury Technical Park Sewer District, including all extensions, shall be a charge against the entire area of the District as extended; 8. Expenses incurred after the extension is created shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Technical Park Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 9. The Map, Plan and Report describing the improvements, area involved, detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed, is on file with the Queensbury Town Clerk and is available for public inspection. and BE IT FURTHER, ORDERED, that the Town Board authorizes and directs the Town Clerk to record a certified copy of this Resolution and Order in the Warren County Clerk's Office and send a certified copy of this Resolution to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING NEW APPLICATION OF WATER AND SEWER PAYMENTS RESOLUTION NO.: 182,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, effective May 1st, 2000, the Town of Queensbury will implement new Govern Utility Billing Computer Software and as a result, Town water and sewer charges will be invoiced on the same bill rather than on separate bills, and WHEREAS, the Queensbury Town Board wishes to authorize changes to the method in which the Town applies its payments on water and sewer bills so that payments on water and sewer bills would be applied in the following order: l.Unpaid water charges from previous billings; 2.Unpaid sewer charges from previous billings; 3.Unpaid late payment charges from previous billings; 4. Current water charges; 5.Current sewer charges; 6. Current late payment charges; 7.Payment over the total amount due will be carried as a credit balance to be applied to the next issued bill in the same order; and WHEREAS, the Town Board also wishes to authorize the Town Clerk to collect and account for late payment charges on water/sewer billing as a single amount, with the Town Comptroller's Office to distribute late payment revenue in accordance with a formula to be approved by both the Town Comptroller and the Water Superintendent/Wastewater Director, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the following changes to the method in which the Town applies its payments on water and sewer bills such that, effective May 1st, 2000, payments on water and sewer bills shall be applied in the following order: Unpaid water charges from previous billings; Unpaid sewer charges from previous billings; Unpaid late payment charges from previous billings; Current water charges; Current sewer charges; Current late payment charges; Payment over the total amount due will be carried as a credit balance to be applied to the next issued bill in the same order; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to collect and account for late payment charges on water/sewer billings as a single amount, with the Comptroller's Office to distribute late payment revenue in accordance with a formula to be approved by both the Town Comptroller and the Water Superintendent/Wastewater Director, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and directs the Town Comptroller, the Town Clerk and/or the Water Superintendent/Wastewater Director to take any and all action necessary documentation to effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR TV INSPECTION AND CLEANING OF SANITARY SEWER MAINS RESOLUTION NO.: 183,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury 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 Deputy Director of Wastewater solicited proposals for the TV inspection and cleaning of sanitary sewer mains in the Town of Queensbury and has requested Town Board authorization to engage the services ofM. Caputo & Associates, Inc., the lowest bidder, for an amount not to exceed $18,500, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of the services of M. Caputo & Associates, Inc. for the TV inspection and cleaning of sanitary sewer mains in the Town of Queensbury for an amount not to exceed $18,500 to be paid for from the following accounts: 1. 034-8120-4400 2.033-8120-4400 3.032-8120-4400 $ 3,500 $ 2,000 $13,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Deputy Director of Wastewater to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING PAYMENT OF POST AGE FOR TOWN HIGHWAY DEPARTMENT "YARD WASTE PICK UP LETTER" AND SALE OF BIODEGRADABLE BAGS FROM TOWN CLERK'S OFFICE AND TRANSFER STATIONS RESOLUTION NO.: 184,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury Highway Department wishes to institute a yard waste residential pick-up program such that Town residents will be able to purchase biodegradable paper bags from the Town of Queensbury to use in placing their yard waste for Town Highway Department pick-up, and WHEREAS, the Town Board recognizes that the yard waste pick-up program will benefit Town residents and the Town of Queensbury and therefore wishes to authorize payment of postage to mail the letters to Town residents and sale of the bags from the Town Clerk's Office and two (2) Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes payment of postage for the Town Highway Department to mail letters to Town residents concerning the Highway Department's residential yard waste pick-up program for an amount not to exceed $1,200 from the Publicity Account No.: 01-6410-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the biodegradable bags may be sold by the Town at the Queensbury Town Clerk's Office and the Town's two (2) Transfer Stations for the costs outlined in the Highway Department's proposed letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Highway Department to take any and all such further action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: COUNCILMAN BREWER-Henry this money that we, well maybe this is just for the, no it is for the bags also. COUNCILMAN TURNER-Yea, it's for the bags. COUNCILMAN BREWER-Can this money be put into a revolving account so that as the revenue comes in we put it into the account and then we purchase bags again next year? Can it work revolving like that or does it have to? COUNCILMAN STEC-Can we create a fund? COUNCILMAN BREWER-Can we create a revolving account for this money? SUPERVISOR BROWER-You mean for the biodegradable bags? COUNCILMAN BREWER-Yea. COUNCILMAN STEC-Well, for this project. COMPTROLLER HESS-I'm not so sure that you can. This is revenue .. year, generally COUNCILMAN BREWER-Well we have to buy the bags and as we sell them, the money is going to come back to us. COMPTROLLER HESS-You have to establish some kind of a, some type of special fund to do that and that's a new question but to do it the way you're going here, this would be revenue which is a 910 fund which is the solid waste fund and the expense to buy the bags would be an expense this year, it would not be a revenue. I mean you'd have to set up a whole new fund to do that. COUNCILMAN BREWER-Can we talk about that next week so that we can set something like that up at a workshop? COMPTROLLER HESS-Do you have any idea how much money we're talking about here? COUNCILMAN BREWER-I don't know. COUNCILMAN STEC-I have no idea. COUNCILMAN TURNER-Don't know. COUNCILMAN BREWER-But I mean, as this thing progresses, it could be, I don't know if it's going to be a problem or not. It's just a question that was asked of me by the Highway Department if we could do something like that. I don't know if we need it or don't need it. COUNCILMAN STEC-Well, I was just going to say, what's the purpose? What are we trying to accomplish, other then COUNCILMAN MARTIN-So it funds itself. COUNCILMAN BREWER-Yea. COUNCILMAN STEC-Other then tracking it or SUPERVISOR BROWER-It's basically, we're selling them at cost basically. I mean, we're not really making money on it. MIKE TRAVIS, Dept. Highway Superintendent-We don't want to deplete our budget where that money should be used, it's going to be just turned around and given back to us, that's what we want to ensure. That we still have the money coming back to us to purchase the bags further because we have SUPERVISOR BROWER-For the fall? COMPTROLLER HESS-I thought these were being purchased by solid waste and sold by solid waste. COUNSEL HAFNER-That's what I thought too. COMPTROLLER HESS-They're not being SUPERVISOR BROWER-Well, the clerk's selling them and then COMPTROLLER HESS-But they're being bought out of the solid waste fund not the highway fund. COUNCILMAN BREWER-So, it's not coming out of your money? MR. TRAVIS, Dept. Highway Superintendent-I didn't know that. COMPTROLLER HESS-I haven't seen a purchase order from either fund but the SUPERVISOR BROWER-The postage is coming from our publicity account. RICK MISSIT A, Highway Superintendent-The postage is coming from there but I thought we were buying the bags. COMPTROLLER HESS-I haven't seen a purchase order from either fund so I don't COUNCILMAN BREWER-Well, maybe we ought to find out about that before we do this. To find out where the funds are coming from? COUNCILMAN STEC-Well, we can still do that. COUNCILMAN TURNER-Yea, we can do that. MR. MISSITA, Highway Superintendent-Well what Jim just said, is what we're looking to do. COUNCILMAN MARTIN-Yea, so it funds itself. COUNCILMAN BREWER-Exactly. COUNCILMAN MARTIN-I mean, I can see the sense in that, you know. COUNCILMAN STEC-Well, it's a way to keep a handle on the whole program. I mean, then that's a easy way at a glance and say, "hey, is this costing us an arm and a leg or are we breaking even or". I mean, there's other ways to do that but SUPERVISOR BROWER-That's not a real problem to make that a line item, is it Henry? COUNCILMAN STEC-I mean, could we add that under Solid Waste or Highway or? COUNCILMAN BREWER-Well, if the Highway Department is doing it, why should Solid Waste fund it? SUPERVISOR BROWER-Well, let him, I'm asking him a question. COMPTROLLER HESS-The resolution, the way it's written says the Highway Department will do it but I mean, there's a lot easier ways then setting a special fund. It's just a matter of setting up a code to buy this and it's not, it's not a difficult thing to track. I imagine we're going to buy the bags what, once or twice? SUPERVISOR BROWER-Probably twice a year, maybe more. COUNCILMAN BREWER-Don't know. COUNCILMAN STEC- Twice a year, maybe. COMPTROLLER HESS-You know, I think I'd like to see what the volume of this thing is the first year and then you can decide. If it generates a profit and you want to move that into a fund, you can COUNCILMAN BREWER-Well, there's no way we can make a profit, Henry if we're selling at cost. COMPTROLLER HESS-Then what money would you transfer into a COUNCILMAN BREWER-No, what I'm saying is, we buy the bags, we sell them. The money comes back to us. What do we do with that money? Does it go to Solid Waste? Does it go to the general fund? Where does it go? COMPTROLLER HESS-Well, if they're being bought by COUNCILMAN BREWER-If the Highway Department is paying for it COUNCILMAN STEC-It should go back to the Highway Department. COUNCILMAN BREWER-The money ought to go back to the Highway Department. COMPTROLLER HESS-Well, and, if that's the intent, then that's probably what will happen. They'll, it will go back into, as revenue to the Highway Department. COUNCILMAN BREWER-Okay, I just want to see how that's going to work, that's all. That's my only question. How are we going to do it? COUNCILMAN MARTIN-I think it's a good idea. I can see the purpose in that. I mean, it's a self funded program, it's separate. COUNCILMAN BREWER-Exactly. SUPERVISOR BROWER-Caroline, let's vote. DEPUTY TOWN CLERK BARBER-Mr. Stec? COUNCILMAN STEC-Yes. COUNCILMAN BREWER-But I don't get an answer to my question. SUPERVISOR BROWER-Well you did, kind of. COUNCILMAN BREWER-No I didn't. DEPUTY TOWN CLERK BARBER-Mr. Brewer? We're voting on the resolution. COUNCILMAN BREWER-Yea, but I still want an answer to my question. COMPTROLLER HESS-Is that the question to me? COUNCILMAN BREWER-Yes, I just want to know how we can do it and if we can do it and are we going to do it? COMPTROLLER HESS-You can do it if you have time to set up a resolution that provides for that. We can't do it from the floor. I mean COUNCILMAN BREWER-I understand that. COMPTROLLER HESS-Okay. COUNCILMAN BREWER-And I understand that wholly. COMPTROLLER HESS-If you want to do something like that then we'll do the leg work and we'll bring back a different resolution. COUNCILMAN BREWER-I would like to do that, please. COMPTROLLER HESS-This resolution won't accomplish that. COUNCILMAN STEC-Right. COUNCILMAN BREWER-Right but I would like to accomplish that at some point. COMPTROLLER HESS-Well, you would like to accomplish, you see COUNCILMAN BREWER-I'm asking the board Henry, not just you. COMPTROLLER HESS-Well, I know you're asking the board but I guess what I'm trying to decide here is, that's usually an initiative that would be taken by a department. COUNCILMAN BREWER-They have. They've asked me about it and I said I would ask the board. MR. MISSITA, Highway Superintendent-I don't do the resolution, they have to. COUNCILMAN BREWER-That was my point. COUNCILMAN MARTIN-Well, let's have, isn't your office the one that usually drafts the resolutions and when something financial like this, with Henry's assistance? COUNSEL HAFNER-Yes. COUNCILMAN MARTIN-Let's do that. COUNCILMAN BREWER-Okay, that's fine. COUNCILMAN MARTIN-It's fine with me, I think it makes sense. SUPERVISOR BROWER-Well, I know we need to address the postage because COUNCILMAN TURNER-Yea, we've got to get that out. SUPERVISOR BROWER-We want to mail that out. COUNCILMAN MARTIN-Well, we're in the middle of a vote here. Caroline was about halfway through the roll. COUNCILMAN STEC-We are in the middle ofa vote. DEPUTY TOWN CLERK BARBER-Mr. Martin? COUNCILMAN MARTIN-Yes. DEPUTY TOWN CLERK BARBER-Mr. Turner? COUNCILMAN TURNER-Yes. DEPUTY TOWN CLERK BARBER-Mr. Brower? SUPERVISOR BROWER-Yes. COUNCILMAN MARTIN-All right, well let's be clear here so we provide some direction for our department heads. COUNCILMAN STEC-Right. COUNCILMAN BREWER-Right. COUNCILMAN MARTIN-What we're saying is, we would like a resolution that would establish this fund that would set up a revolving account so money that comes in, in purchase of the bags can be set aside so that we can then in turn take that money and purchase the bags from the supplier. COUNCILMAN BREWER-Exactly. SUPERVISOR BROWER-Purchase more bags, initially. COUNCILMAN BREWER-Real simple. COUNCILMAN MARTIN-More bags. So, when somebody comes in and pays two bucks for a bag, that's put into a fund and we go back to our supplier and pay two bucks for a bag and it just keeps rolling through. COUNCILMAN BREWER-Exactly, very simple. COUNSEL HAFNER-Then don't we need an initial fund? We need an initial amount to start. So, so COUNCILMAN MARTIN-Yes. COUNCILMAN BREWER-Right, exactly. COUNCILMAN MARTIN- We'll probably need an infusion of money, I think highway is offering but they COUNCILMAN BREWER-And the highway department is going to COUNCILMAN MARTIN-I can see their point, they just don't want to be hit every year MR. TRAVIS, Dept. Highway Superintendent-Right. COUNCILMAN STEC-As part of their budget. MR. TRAVIS, Dept. Highway Superintendent -. .. professional...., just generate what we spend.... COUNSEL HAFNER-From what I understood it was supposed to be, cost equals what we sell it for. COUNCILMAN MARTIN-Right. SUPERVISOR BROWER-Have you purchased these bags already? COUNSEL HAFNER-So, it really didn't matter cause at the end of the year, you're going to have about the same amount as you spent. COUNCILMAN MARTIN-But, but, but the seed money for such a revolving thing would be highway. COUNSEL HAFNER-Then we need to know before the next meeting what that fund is that you're starting it with. If you give us that we can do the rest. MR. MISSITA, Highway Superintendent-You need a dollar value to start with. COUNCILMAN STEC-Okay, how much money? COUNSEL HAFNER-Yes. COUNCILMAN MARTIN-If it's a miscellaneous contractual or whatever you're taking it from, that's seed money and we'll do our best to estimate what that amount should be. MR. MISSIT A, Highway Superintendent-Right now, MR. TRAVIS, Dept. Highway Superintendent-For our initial phase, we're buying two hundred and ten bundles of bags tomorrow. COUNCILMAN MARTIN-How many per bundle? MR. TRAVIS, Dept. Highway Superintendent-Fifteen dollars and twenty-nine cents. MR. MISSITA, Highway Superintendent-Fifty bags a bundle. COUNCILMAN MARTIN-You're buying how many? MR. MISSITA, Highway Superintendent-Fifty bags in a bundle and there's two hundred and ten. MR. TRAVIS, Dept. Highway Superintendent-Two hundred and ten bundles at fifteen dollars and twenty- nine cents. COUNCILMAN MARTIN-That's ten thousand five hundred bags. SUPERVISOR BROWER-How quickly can you get more bags? What if these get snapped up quick? MR. MISSITA, Highway Superintendent-Within one day. MR. TRA VIS, Dept. Highway Superintendent-That was my first question. They had about five hundred in their stock, we're taking two hundred and ten tomorrow. If they don't have them in their warehouse, they can still get them within a few days. COUNCILMAN MARTIN-So they have five hundred bundles in stock, we're taking two hundred and ten. MR. TRAVIS, Dept. Highway Superintendent-That's correct. COUNCILMAN MARTIN-So they have an availability of about, what, twenty-five thousand bags? Is that right? MR. TRAVIS, Dept. Highway Superintendent-Immediately but they COUNCILMAN MARTIN-I mean that's if every man, woman and child in Queensbury has a bag, we can do that. All right, I think that's a safe guess. All right. So, yea, that's a good idea. COUNSEL HAFNER-We'll have that ready for the next meeting, no problem. RESOLUTION AFFIRMATING DELINEATION OF TARGET AREA AS OUTLINED IN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS RESOLUTION NO.: 185,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 159,2000, the Queensbury Town Board authorized and directed submission of the Town of Queensbury's application for Community Development Block Grant (CDGB) funds through the New York State Administered Small Cities Program to the Empire State Community Development Corporation (ESCDC), and WHEREAS, to ensure eligibility of the activities contained within the Town's application, the Town is required to delineate a target area that is blighted and deteriorated as defined by New York State Law, and WHEREAS, the Town Board wishes to make its "blighted and deteriorated" determination thereby addressing the national objective of elimination of blighting influences, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board, in order to ensure eligibility of the activities contained within its application for Community Development Block Grant (CDGB) funds, hereby affirms that the Town of Queensbury specifically delineates the target area outlined in its application for CDGB funds as an area blighted and deteriorated as defined by New York State Law, such that the area includes a substantial number of deteriorated buildings and public facilities that are in a state of deterioration. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT None RESOLUTION AUTHORIZING AMENDMENT TO QUEENSBURY ACTIVITIES CENTER USE POLICY AND RULES RESOLUTION NO.: 186, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 369.99, the Queensbury Town Board adopted the Town's Queensbury Activities Center Use Policy and Rules (Policy), and WHEREAS, by Resolution No.: 123.00, the Town Board amended the Policy to eliminate the requirement that applicants file a separate application for each proposed use of the Center and that no application may be made more than twenty-one (21) days before each proposed use, and WHEREAS, the Queensbury Center Advisory Committee (Committee) has reviewed the Amended Policy and has recommended further amendments to the Policy, such amendments to include the removal of the required security deposit and removal of the reference to the building being unavailable to outside groups on Saturdays and Sundays, and WHEREAS, a copy of the Committee's proposed, amended Policy has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, the Town Board concurs with the Committee's recommendations and wishes to approve the Policy as amended and presented at this meeting NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amended Town of Queensbury Activities Center Use Policy and Rules as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the amended Policy and Rules to the Activities Center Coordinator and all Town Departments. Duly adopted this 17th day of April, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES None ABSENT: None RESOLUTION AUTHORIZING MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO.: 187,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct their annual walk-a-thon, Walk America, as follows: SPONSOR: March of Dimes Birth Defects Foundation EVENT: WALK AMERICA WALK-A-THON DATE: Sunday, April 30th, 2000 PLACE: Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation to conduct its annual walk-a-thon, Walk America, partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND 2000 BUDGET RESOLUTION NO.: 188,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to authorize fund transfers for the 2000 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that funds be transferred and the 2000 Town Budget be amended as follows: RECREATION: FROM: TO: $ AMOUNT: 01-7020-4060 (Service) 01-7020-2010 (Equipment) 460. 01-1315-2001 (Comptroller Equipment) 01-7020-2010 (Recreation Equipment) 600. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION ACKNOWLEDGING ARBITRATOR'S OPINION AND AWARD CONCERNING GRIEVANCE OF ROBERT WESCOTT RESOLUTION NO.: 189,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Robert Wescott (Wescott), an employee of the Town of Queensbury Highway Department, is a member of the Queensbury Unit of the Civil Service Employees Association, Inc., (CSEA), and WHEREAS, Wescott and CSEA pursued a grievance alleging that Wescott was improperly denied a promotion to the position of Working Forman, and WHEREAS, the grievance proceeded to arbitration in accordance with the agreement between the Town Board and CSEA, and the Arbitrator has made her Opinion and Award (Award) dated March 30th, 2000, and WHEREAS, the Arbitrator ruled that the Town should have promoted Wescott to the Working Foreman position and therefore, the Town must assign Wescott to this position and pay Wescott back pay for the position retroactive to the date of the Working Foreman appointment, and WHEREAS, the Town Board is supportive of the arbitration process and wishes to acknowledge and abide by the Arbitrator's Award, and WHEREAS, the Town Comptroller has calculated the amount of retroactive pay due Wescott through April 5, 2000 and the Town Board concurs with the calculations, and WHEREAS, the Town, in accordance with the Award, assigned Wescott to the duties of Working Foreman on April 6th, 2000 with all wages and benefits of that position, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the Arbitrator's Opinion and Award concerning the arbitration of Robert Wescott and will abide by all provisions of the Opinion and Award, including the promotion of Wescott to the position of Working Foreman, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to pay Wescott back pay in the approximate amount of $8, 130.60 as calculated by the Town Comptroller's Office representing all wages, including overtime, that Wescott could have earned in the position of Working Foreman from December 2nd, 1998 through April 5th, 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, the Highway Superintendent and/or the Town Comptroller to take such other and further action as may be necessary to effectuate all terms of the Arbitrator's Opinion and Award and this Resolution. Duly adopted this 17th day of April, 2000 by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT None RESOLUTION SETTING PUBLIC HEARING ON RANDY BARRETT'S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 190,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Queensbury Town Code~ 113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Randy Barrett has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 10 Newcomb Street, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on May 1st, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Randy Barrett's application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 10 Newcomb Street, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING 1999 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS RESOLUTION NO.: 191,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 21,2000, the Queensbury Town Board authorized engagement of PENFLEX, Inc., to provide the 1999 Standard Year End Administration Services for the Town's Volunteer Firefighters and Ambulance Workers Service Award Programs, and WHEREAS, PENFLEX, in its letter to the Town Supervisor dated February 9th, 2000, has requested that the Town Board adopt a Resolution approving the 1999 Volunteer Ambulance Worker Service Award Program Records (Records) as required by New York State General Municipal Law, and WHEREAS, the Town Supervisor's Office has received the Records from each of the Town's three (3) Rescue Squads, reviewed the Records and found them to be complete, and WHEREAS, the Town Board wishes to approve the Records as required and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 1999 Volunteer Ambulance Worker Service Award Program Records for each of the Town's three (3) Rescue Squads as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary and delineated in PENFLEX, Inc.,'s February 9th, 2000 letter presented at this meeting and take such other and further action necessary to comply with the New York State General Municipal Law and effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION INCREASING APPROPRIATIONS FOR TOWN OF QUEENSBURY DEPARTMENT OF PARKS AND RECREATION AND AMENDING 2000 TOWN BUDGET RESOLUTION NO.: 192,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Department of Parks and Recreation purchased a back-up pump for the Gurney Lane swimming pool from 1999 appropriations and subsequently returned the pump and received a refund as the pump could not meet the Department's needs, and WHEREAS, the purchase price refund in the amount of $2395 was received in 2000 and has been credited to Account No.: 001-0001-2701 - Refund of Prior Years Expense, and WHEREAS, the Department of Parks and Recreation wishes to purchase a back-up pump that will meet its needs; however, the Department has no provisions in the Fiscal Year 2000 budget for such a purchase, and WHEREAS, the Town Board wishes to increase the appropriations in the Department of Parks and Recreation Year 2000 Budget Account No.: 001-7110-2080 - Pool Equipment and increase estimated revenues in Account No.: 001-0001-2701 - Refund of Prior Year Expense in the amount of $2395, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby increases appropriations and estimated revenues in the accounts referenced about in the amount of $2395, and BE IT FURTHER, RESOLVED, the Town Board further amends the 2000 Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF ROLAND 1. DOWN INC. TO PERFORM HEATING SYSTEM AND DUCTWORK UPGRADES AND PRO-TRIM COMPANY TO REPLACE WINDOWS AT TOWN COURT RESOLUTION NO.: 193,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Facilities Manager requested proposals for heating system and ductwork upgrades and replacement of windows at the Town Court on Glenwood Avenue, and WHEREAS, the Facilities Manager reviewed all responses received and has recommended that the Town Board engage the services of Roland 1. Down, Inc., to perform heating system and ductwork upgrades for an amount not to exceed $15,874 and Pro-Trim Company to replace the windows for an amount not to exceed $3,595.20, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Roland 1. Down, Inc., to perform heating system and ductwork upgrades at the Town Court on Glenwood Avenue for an amount not to exceed $15,874 and Pro-Trim Company to replace the windows at the Town Court for an amount not to exceed $3,595.20, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to transfer funds in the approximate amount of$19,470 from Contingency Account No.: 001-1990-4400 to Account No.: 001-1620-4400-0000-0024 to pay for these services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Facilities Manager and/or Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of April, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Before Vote - Discussion held regarding proposed work at court building and the present condition of building... held discussion regarding the possibility of purchasing the building across the street that's for sale that's presently being occupied by Prudential Insurance, Town Board agreed that they would like Chuck Rice, Facilities manager to research the possibility and get back to the board with figures and information... vote taken. CORRESPONDENCE - None TOWN COUNCILMEN'S CONCERNS Councilman Stec questioned status of the town's blue code books? Supervisor Brower noted that they're on order. Councilman Stec reported back to the board regarding a meeting in which he, Rick Missita and Dennis Brower attended John Burke Apartment's monthly meeting.... Recommended sidewalks on the west side of Burke Drive for those seniors who walk from there to church and the two hundred children walking from there to school.... Supervisor Brower made note that the Town Board needs to address a sidewalk policy for the town... .Town Board held discussion regarding the Route 9 sidewalks, maintenance of sidewalks and sidewalk policy. .. discussed sidewalks for Burke Drive. .. discussed the need for sidewalks in different areas within the town and sidewalk repairs within the town... Councilman Stec noted that there has been dumping in the field between the church parking lot and John Burke Senior housing, stumps and construction related materials. .. need to research the situation and get back to them. Councilman Brewer requested Supervisor Brower to call Mayor of Glens Falls regarding water sale issue. Councilman Martin would like the board to authorize Chris Round to prepare an RFP for the board's consideration for design services on beautifying Quaker Road, Exit 18 Corridor and the intersection of Route 9 and 254... Town Board held discussion, agreed to discuss further at the next Town Board's workshop. Town Board held discussion regarding sewering of Route 9. ATTORNEY MATTERS Counsel Hafner noted that the agreement regarding the fire retardant uniforms has been signed and ready to be instituted as the terms in the previous approved resolution specify... Submitted check to Comptroller, Henry Hess in the amount of nineteen thousand dollars for the cemetery property. . .. Referred to the State Police lease and noted that, under Henry's suggestion, we requested that the State Police upgrade the insurance to what our current town standards are which they're presently working towards. Councilman Stec questioned status of the insurance issue with the county from Comptroller Hess. Mr. Hess, Comptroller noted that Cool Insurance has completed their research and he's expecting to get a report from them Tuesday or Wednesday. . . . OPEN FORUM 10:03 P.M. Mr. Salvador spoke to the board regarding the following issues: The Bay Road Sewer project and the SEQRA process, the possibility of the town taking over the Hudson River Park land, The Health Department and the concerns of the water and sanitary issues - recommended a separate Board of Health rather then the Town Board acting in the capacity, Zoning District Boundaries specifically the shorelines of Lake George on the County Tax Maps... requested the Town Board to schedule a discussion for a workshop session regarding a North Queensbury Wastewater Management Program. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 194,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it's Regular Town Board Meeting. Duly adopted this 17th day of April, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY