Loading...
2001-06-04 REGULAR TOWN BOARD MEETING JUNE 4TH, 2001 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, CHRIS ROUND WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY W ASTEW ATER DIRECTOR, MIKE SHAW DIRECTOR OF PARKS AND RECREATION, HARRY HANSEN DIRECTOR OF BUILDING & CODES, DAVE HATIN SENIOR PLANNER, MARILYN RYBA EXECUTIVE ASSISTANT TO SUPERVISOR, WILLIAM LA VERL Y PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 230,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 4th day of June, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent: None PUBLIC HEARING SEWER VARIANCE DAVID AND JANE HOPPER OPENED 7:06 P.M. NOTICE SHOWN SUPERVISOR BROWER-Is the applicant present or their representative? EXECUTIVE DIRECTOR, MR. ROUND-They were here last meeting and they knew that this meeting was scheduled Dave Hatin is here and has spoken with them. SUPERVISOR BROWER-In that case since the applicant doesn't appear to here at this time what would you suggest Chris? EXECUTIVE DIRECTOR, MR. ROUND-You've got a public hearing you want to open that to solicit any input from the public. SUPERVISOR BROWER-Dave would you come forward. I had the opportunity to go to the property today with Mr. Stone, Lou was kind enough to direct me to the specific parcel and we had a chance to look it over. DIRECTOR BUILDING & CODES, MR. HATIN-What they're proposing is a new septic system for a new structure to be placed on the property in order to do that they need to come up with an updated septic system. This is the only proposal that will fit on that particular parcel due to the separation distance to neighbor's well. There really is no good solution here for this particular parcel this is the best that their engineer could come up with. SUPERVISOR BROWER-Their engineer is not here either? DIRECTOR BUILDING & CODES, MR. HATIN-No, I don't see him either. SUPERVISOR BROWER-It is my understanding that this property goes beyond the road in other words, I don't know which direction that is. DIRECTOR BUILDING & CODES, MR. HATIN-My understanding is the cottage on the opposite side of the street is a separate parcel. SUPERVISOR BROWER-But he owns it. DIRECTOR BUILDING & CODES, MR. HATIN-He owns it yes. SUPERVISOR BROWER-My initial impression was that there was room back there potentially for this system. DIRECTOR BUILDING & CODES, MR. HATIN-Potentially, I haven't seen any soil analysis. I don't know where the property lines are, I don't know what the size of the property is until we have something on paper it's hard to say whether it will or will not fit. COUNCILMAN TURNER-Twenty three hundreds of an acre. DIRECTOR BUILDING & CODES, MR. HATIN-Roughly less than a third of an acre so it's a small piece. COUNCILMAN BREWER-Across the road you mean. DIRECTOR BUIDLING & CODES, MR. HATIN-Right, which I don't believe, shows on your map. COUNCILMAN TURNER-No it doesn't. COUNCILMAN MARTIN-We got a survey here that lots not surveyed, but it does indicate that he owns something across the street. SUPERVISOR BROWER-It appears to be a seasonal type cottage, but it appeared to be vacant this afternoon when I was there. Do you have any further comment on this proposal? DIRECTOR BUILDING & CODES, MR. HATIN-It's the only design that would fit that piece of property it's marginal at best. The neighbor did sign off on it with the restriction that they take the well that's going to be placed underneath where the system is going to be filled with some type of compound that will seal the well offfrom the aquifer underneath. SUPERVISOR BROWER-That's not normally required in our approval process? DIRECTOR BUILDING & CODES, MR. HATIN-Typically we just require that they cap the well and weld it capped. This neighbor said he wouldn't sign off unless they took this extra step. SUPERVISOR BROWER-So there is no casing in the well? DIRECTOR BUILDING & CODES, MR. HATIN-There is casing, but he wants that casing filled so that there is no possible contamination to the aquifer, which is where his well is he believes. His well is only going to be fifty-seven feet I believe. SUPERVISOR BROWER-It appeared very close to me. DIRECTOR BUILDING & CODES, MR. HATIN-I think the map shows fifty-seven feet if! remember. SUPERVISOR BROWER-First of all it appeared extremely close to the neighbor's well, but more importantly it appeared to me like there was also a space on the other piece the other parcel where a system could be built and would flow.... DIRECTOR BUILDING & CODES, MR. HATIN-It's possible. SUPERVISOR BROWER-Not toward the lake, but toward the I don't know if it was a wetland... DIRECTOR BUILIDING & CODES, MR. HATIN-There is a lot ofledge there is very marginal soils in that whole area. COUNCILMAN MARTIN-What is the separation distance from the shoreline? DIRECTOR BUILDING & CODES, MR. HATIN-They are over two hundred feet if! remember right. COUNCILMAN MARTIN-The leach bed itself is two hundred feet away. DIRECTOR BUILDING & CODES, MR. HATIN-I think there is a measurement on that drawing Jim. I remember I did ask them to put it on there I'm pretty sure they show it. COUNCILMAN MARTIN-I see it. SUPERVISOR BROWER-Thank you Dave. COUNCILMAN MARTIN-How deep is the neighbors well? DIRECTOR BUILDING & CODES, MR. HATIN-I don't know I don't have any idea I don't even know if he knows. SUPERVISOR BROWER-Any further questions for Dave? COUCILMAN MARTIN-No. SUPERVISOR BROWER-Thank you very much. At this time, I'd like to open up this to any public comment if anyone is here that would like to address the board about this particular application we'd be happy to hear from you. LEWIS STONE, ASSEMBLY POINT, QUEENSBURY-Ijust want to ask the board or caution the board or make them aware of the fact that are four variances required. I know on the Zoning Board when we see this many variances it's sort oflike a red flag it really says its asking an awful lot of the Board of Health to approve something that requires so much relief. I'm also concerned of the implications for the lake. I know Mr. Martin you asked a question and I appreciate the question two hundred feet, but it is right next to a drainage ditch an open ditch while it does not flow all the time according to the neighbor does flow we can never predict exactly when there will be water in that particular ditch so I'm quite concerned. I'm also concerned and I recognize what I'm about to say can be considered here say when Mr. Brower and I happened to be up there today we we're talking to the next door neighbor who as Mr. Hatin indicated has signed off on that but he certainly told us that he signed off with some trepidationand the reason he signed off is that he may want to expand his house in the future and he has a substandard system right now. The fact that anytime you increase the area of a nonconforming house you have to upgrade your septic system he's afraid that he would have some what of a same situation and he certainly wants his neighbor to go along with it when it happens cause he's going to have the same kind of request for a variance. The fact as Mr. Brower talked the fact that there is a lot across the street and yes it's not on your map I guess, but he does own it and it is a place he can put a system. I certainly have a neighbor next to me who built a couple years ago and he utilized an area across Lake Parkway to put his mound system on. I just ask you to think about it particularly the number of variances that are being sought here it's like trying to fit something in an area where maybe something is telling us we shouldn't put something like this. Thank you. SUPERVISOR BROWER-Thank you Mr. Stone. Are you folks the applicants by the way would you come up to the microphone I don't know if you would like to address the board. We just had started here about five minutes ago so you're not too far into the meeting. I had the opportunity to go up with Mr. Stone to your property and look over the situation and the nearness to your neighbors well and the general area. MR. HOPPER-First thing I like to do is ask who Mr. Stone is and what his relationship is to the proposal of this project? SUPERVISOR BROWER-Mr. Stone is Chairman of our Zoning Board of Appeals. He happened to be in the tax map office when I was going in looking for information about your parcel and surrounding properties. I said to Lou I'm sure exactly where this place is this Hannaford Road I don't know if I ever been on Hannaford Road I've been on Pilot Knob Road he said I know where it is and he had to go to the store, but he offered to meet me and show me where the property in question was. We both went up and examined the topography and the nearness to the well and things of that nature. Mr. Stone by the way is a very qualified individual who served the Town Board voluntarily for a number of years. TOWN COUNSEL, SCHACHNER-Dennis I have a question for the purposes of the record of the hearing. Although Mr. Stone did refer to the fact that he happens to be a member and is in fact as you state the Chairman of our Zoning Board of Appeals. SUPERVISOR BROWER-He wasn't addressing the board in that.... TOWN COUNSEL, SCHACHNER-I think your statement could certainly lead the applicant and or the public to indicate that Mr. Stone spoke as Chairman of the ZBA I don't believe that's the case. SUPERVISOR BROWER-I won't speak for Mr. Stone. Mr. Stone were you speaking as a citizen of Queensbury? MR. STONE-I was speaking as a citizen of Queensbury also I was speaking as the Secretary of the Lake George Association. SUPERVISOR BROWER-Secretary of the Lake George Association. MR. STONE-Thank you Mark. SUPERVISOR BROWER-You weren't speaking for the Lake George Association. MR. STONE-No, I was not speaking for the lake I was speaking as a person who is very interested in Lake George and its welfare. SUPERVISOR BROWER-Thank you. TOWN COUNSEL, SCHACHNER-My point only being that Mr. Stone was not speaking as the Chairman of the Zoning Board of Appeals. SUPERVISOR BROWER-No, I didn't take it to be that, but I'm glad you clarified that thank you. Please tell us about your project. MR. HOPPER-Basically we've purchased this property about three years ago. What we would really like to do is tear down the existing structure and build a retirement home. We're business people in the Village of Lake George my family has had roots in the community for eight -seven years and we've lived here and worked here for the last sixteen years as owner and proprietor of Balmoral Motel in Lake George Village. We purchased this property three years ago and what we like to do is tear down the existing structure and build a retirement home. We own a piece of property that is generally speaking about a hundred feet wide and three hundred and eight some feet long. We feel we're under a hardship because even though we have a hundred feet width our neighbors on the south side have approximately fifty some feet width and our neighbors on the north side have sixty some feet in width. Historically they have placed their wells on the border of our property so even though we have a hundred feet in width no matte where we go on our property with the septic system we're going to require a variance for the septic system. We didn't want to go about this haphazardly we hired a draftsman and an engineer to oversee him. Several points in time we had our neighbors question our specifications and we had to go ahead and have a survey done so we know exactly what our boundaries are and the exact distance between our neighbors well and ours. Mr. Hatin has been overseeing this project and pretty much told us what he would like to see the Town of Queensbury see happen. I guess the bottom line is yes, we do to speak to Mr. Stone's point of view, we do own the property across the way, but that is a separate piece of property it has a separate deed we would not like to incorporate that in this project. I guess we're requesting a variance from the Town of Queensbury based on a hardship even though we have the appropriate hundred feet in width and our neighbors do not. Historically we're coming in here asking for a variance becase our neighbors have placed their wells on the borders on our property that's pretty much it in a nutshell. Do you have anything to add to that? SUPERVISOR BROWER-The system you're proposing in the Eljen system? MR. HOPPER-We initially proposed that and then Mr. Hatin got involved. MRS. HOPPER-This was done over quite a long period of time with a lot of input from a lot of people. Every step of the way Dave and I have tried to meet all of their concerns each time we thought we had it the way they wanted it or the way the Town wanted they would say we'll do one more thing. We have gone for almost a year now with this project just trying to get something to put before the board that we thought everybody would agree too. We're hoping that we don't have to take another year to develop another system because we seriously don't know where to put it. This is the best place that Dave Hatin with all his expertise in the Town of Queensbury thought the system should go. SUPERVISOR BROWER-It looks like a seasonal cottage. MR. HOPPER-Yes it is. SUPERVISOR BROWER-Does that have its own well? MR. HOPPER-No, it does not, it has lake water feed through our property. It is strictly a seasonal cottage.... SUPERVISOR BROWER-With lake feed. MR. HOPPER-It has lake feed. It hasn't been touched since we owned the property it's as is when we purchased it we haven't done a thing with it except for painting. It's a separate deed and we prefer to keep this project on its own piece of property. SUPERVISOR BROWER-I understand that. COUNCILMAN BREWER-When you decide to take the house down are you going to leave it in the same exact spot or are you going to move it what's your intention there? MR. HOPPER-It's going to be pretty much within a foot or two we have a plot plan placed on the new survey map all we're going to do is just basically tilt the new structure a couple of degree northwest take advantage of the view there. The existing septic that's on the property is more than adequate it's probably better than anything that's on Hannaford Road there most of them are all antiquated systems. This one here happens to be directly behind the existing structure and we understand from Mr. Hatin if we take down the existing structure we're going to have to put a whole new brand new up to date code system in which is not a problem. But, that structure and that existing system is in a position where it doesn't meet code, but it is the most permeable soil. We also expect to elevate the house and add another four feet of permeable soil so it would be the best place but it doesn't meet code that's what we're trying to do with Mr. Hatin is try to meet code. We've gone to the extent of having the propert surveyed. We've gone to the extent of hiring a draftsman and an engineer to do this system. We're trying to do it according to your rules and regulations. SUPERVISOR BROWER-Who is your engineer if! may ask? COUNCILMAN MARTIN-His name is Gaylor, Ernest 1. Gaylor. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-Do you know how deep your neighbors well is the one at fifty-seven feet? MR. HOPPER-Which neighbor would that be? COUNCILMAN MARTIN-That would be the neighbor to the south. MR. HOPPER-Mr. Hansen? COUNCILMAN MARTIN-I'm not seeing a name. MR. HOPPER-I do not know how deep Mr. Hansen's well is, but Mr. Hansen is here this evening maybe he would care to elaborate. COUNCILMAN MARTIN-Okay. MR. HANSEN-Four hundred feet. COUNCILMAN MARTIN-Four hundred feet deep. MR. HOPPER-I might also add that there is a well on this property that was there prior to us purchasing the property and we understand it's in a bad position with respect to the proposed leach field so we intend to cap that in accordance with whatever the board or the Town of Queensbury specifications are we intend to cap that and go to the additional expense of placing a new well by far and away outside the one hundred foot limit of either neighbors septic system. SUPERVISOR BROWER-Anymore questions for the applicant at this time? COUNCILMAN BREWER-No. SUPERVISOR BROWER-If you'll have a seat we'll ask for further public comment at this time we may call you back in a few minutes. COUNCILMAN MARTIN-Thank you for your input. SUPERVISOR BROWER-Would anyone care to address the board at this time about this project? JOHN SALVADOR-Just one question in effect a subdivision took place... SUPERVISOR BROWER-Pardon? MR. SALVADOR - I gather from the discussion that at one time these two parcels of land were in one deed. COUNCILMAN MARTIN-No. MR. SAL V ADOR- They were never in one deed? COUNCILMAN MARTIN-That was never said, I didn't hear that. MR. HOPPER-They were never in one deed we purchased them separately. MR. SALVADOR-The land on the other side of the road it seems to me some how or other two substandard lots were created somehow. I wouldn't be a bit surprised if there a zoning district boundary between these two lots? COUNCILMAN MARTIN-I doubt it, I don't think so. MR. SALVADOR-Both zoned? COUNCILMAN MARTIN-I think they are both probably in the WR-IA. It is not indicated in the application I'm fairly certain it is all WR-IA. SUPERVISOR BROWER-It's probably not shown on your map. MR. SALVADOR-The land on the other side of the road we speak of is not waterfront land. SUPERVISOR BROWER-No. COUNCILMAN MARTIN-Technically not either one of them are because Pilot Knob Road separates this. MR. SALVADOR-But it's all water.... COUNCILMAN BREWER-It's in the waterfront residential zone. MR. SALVADOR-Was this recently changed? Is this one of these zoning changes we made recently in that area? COUNCILMAN MARTIN-No, the waterfront residential zone was amended but this particular geographic location was not rezoned to my knowledge. MR. SALVADOR-It wasn't at one time another zone? COUNCILMAN MARTIN-No. MR. SALVADOR - We addressed that Hannaford Road area it seems to me there was a lot of land conservation zoning there and it was changed to residential. COUNCILMAN MARTIN-I don't recall that John, but maybe my recollection is different than, I don't recall that. MR. SALVADOR-The circumstances around which we have two deeds for this one piece of land that could serve the land on the other side of the road could, serve for the waste disposal system. COUNCILMAN MARTIN-I just want to pause for a moment. I thought I recalled a section in the zoning code that if you have two contiguous and therein lies the detail if you have two contiguous nonconforming lots under the same ownership then they are considered joined. COUNCILMAN TURNER-It's in the APA. COUNCILMAN MARTIN-That's my point. EXECUTIVE DIRECTOR, MR. ROUND-What Jim is referring to they should be considered a single lot for zoning purposes. COUNCILMAN MARTIN-For zoning purposes, yes. Then the other question does the road running through there, but I think this is a road by use right? COUNCILMAN TURNER-Yeah. MR. SAL V ADOR- That's right. COUNCILMAN MARTIN-For zoning purposes they are considered to be joined. MR. SALVADOR-Not only that in actuality someone owns the title of the land under Hannaford Road it's in someone other than the municipality. COUNCILMAN MARTIN-Exactly that's my point. MR. SALVADOR - Well, if these people own it on one side and they own it on the other side I got to guess that the land between the two under the road is titled in them. COUNCILMAN MARTIN-The property line is probably somewhere in the middle of the right- of-way. MR. SALVADOR-There is no property line Jim. DIRECTOR BUILDING & CODES, MR. HATIN-Jim, if you look at your map the pins are at the edge of the road. COUNCILMAN MARTIN-I see that. MR. SALVADOR-That may be what they claim but that land under a road by use is titled in someone other than the municipality. COUNCILMAN MARTIN-I understand that. MR. SAL V ADOR-I don't see how these two lots got created. COUNCILMAN MARTIN-I imagine there is two separate distinct lots there that happen to be under the same ownership I don't have any issue with that it happens all the time up there. God knows when those lots were created. MR. SALVADOR - I think there is a way out of it by using the land across the road. COUNCILMAN MARTIN-I don't disagree with that. COUNCILMAN BREWER-What if they didn't own it John? MR. SALVADOR-Then they have an unbuildable situation. They couldn't expand or go on a holding tank and seasonal use, limit it to seasonal use on a holding tank. SUPERVISOR BROWER-Would anyone else care to address the board at this time? I have one question you indicated the neighbor was in the audience. MR. HOPPER-Mr. Hansen is here also. SUPERVISOR BROWER-Would you come forward I just have a quick question for you Mr. Hansen. Introduce yourself for the record please. GOOD EVENING, BRUCE HANSEN, 33 HANNAFORD ROAD. SUPERVISOR BROWER-Mr. Hansen the four hundred foot depth well, do you know how deep the casing is on that well? MR. HANSEN-No I don't, but most of the wells along the road are rather deep because of the ledge condition so I don't know the depth of the casing. SUPERVISOR BROWER-You wouldn't put casing through rock. COUNCILMAN MARTIN-That's right. MR. HANSEN-The casing might be of minimal depth. COUNCILMAN MARTIN-They generally don't put casing when you are going through rock. Are you there year round or seasonal? MR. HANSEN-Seasonal. COUNCILMAN MARTIN-Any intentions to change that condition? MR. HANSEN-At present we have the same plans as the Hoppers to convert it to a retirement home. COUNCILMAN MARTIN-Year round? MR. HANSEN-Yes. COUNCILMAN MARTIN-Okay then. SUPERVISOR BROWER-Thank you very much. The only other thing you also signed off on this proposal correct? MR. HANSEN-I did. SUPERVISOR BROWER-Mr. & Mrs. Hopper would you come forward again. I must tell you this type of a situation is not unique to the Lake George basin and it's problematic from an applicants point of view because I can understand your frustration believe me. However, in looking over the area I know you don't want to combine the parcel behind it for your septic system but it appeared to me in viewing the situation that I'm concerned about the potential health impact that sewage contaminating neighbors well might have even though the neighbor himself is not concerned about it and I think that's part of our job as the Board of Health. One of the possible remedies I saw would be you could construct this similar mounded system next to the cottage you seem to have quite a width of property there. COUNCILMAN BREWER-It's about the same Dennis. COUNCILMAN MARTIN-Does the cottage have a bathroom in it? MR. HOPPER-The cottage does have a bathroom that's correct. COUNCILMAN MARTIN-Does it have a separate system? MR. HOPPER-Yes it does. SUPERVISOR BROWER-It would appear that it slopes on that side of the road I don't know if it's a wetland area or it looks like it's a forever wild type area back there. It appears like it to me that if you built the system on that side and sloped it slightly it would not have the possibility of affecting your neighbors well or run into the lake even. MR. HOPPER-The property was separately they are two distinct entities in themselves. SUPERVISOR BROWER-Right. MR. HOPPER-What we had hoped to achieve would be someday be able to sell off that property separately. COUNCILMAN MARTIN-There is a solution here should it go this way it would be my understanding you would not have to dissolve for lack of a better term the separate and distinct nature of that parcel. You could by way of a deed reference or easement provide a right to the parcel that you're living on now for septic discharge area in the lot across Hannaford Road on the cottage lot and still keep it separate distinct parcels that could be done. I want to reflect what Dennis said, I can appreciate your frustration the time and the money spent and I used to be in Chris's position, but I used to tell people all the time you're not building on a field in Kansas it's a tough situation up there. MR. HOPPER-I understand that sir. My ancestry goes back eighty-seven years here I challenge anybody on the board to go back eighty-seven years. COUNCILMAN MARTIN-So you are well aware of what it's like then. MR. HOPPER-CR...owned property on Route 9L eighty-seven years ago and I am here in favor of any protection to any environmental concerns on the board. But, I do have the knowledge of living here fifty- six years myself of what goes on in this community and I think I've gone about this thing in the right way. COUNCILMAN MARTIN-I'm not saying you haven't. MR. HOPPER-I hired a draftsman an engineer and I even had the property surveyed to make sure my specifications are correct. SUPERVISOR BROWER-I saw your spikes in the road. MR. HOPPER-Pardon me? SUPERVISOR BROWER-I saw your survey spikes on the edge of the road. COUNCILMAN MARTIN-I'm not finding any fault with your process or the diligence of which you pursued this I'm not questioning that. I'm just simply saying this is a very difficult situation and the particular configuration of these lots and layouts and thing make it difficult. I do think though that the solution lies, I'm just speaking for me, in the lot across the street and you could keep that as a separate distinct parcel with its individual sale ability and all that, but provide some sort of shared combined system on that lot to service both parcels. MR. HOPPER-I disagree with that and I'm in agreement with Mr. Tim Brower.... COUNCILMAN BREWER-Brewer, Brewer not Brower, Brewer. MR. HOPPER-Brewer, I'm sorry excuse me. If I did not own that property would we be still taking the same standpoint? COUNCILMAN MARTIN-No, we probably wouldn't. MR. HOPPER-Okay. COUNCILMAN MARTIN-But, I consider it an advantage that you do cause there is a method out. I'll tell you right now sitting here right now I'm not particularly fond about forty three feet of relief off of a hundred foot standard. MR. HOPPER-My point of view sir is that I have one hundred foot of width and three hundred and eighty something feet of length without getting in exact specifications. COUNCILMAN MARTIN-All the more reason why we should be taking advantage of every possible scenario that presents itself and I think the property across the street does that. MR. HOPPER - I didn't have a chance to finish sir. Like I said, I have a hundred foot of width whereas my neighbors only have sixty some feet respectfully and fifty something feet respectfully and I feel I'm under a hardship here having the amount of land the Town requires and my neighbors have historically put their wells on the border of my property so I'm under what you would call a hardship asking for a variance. SUPERVISOR BROWER-It is a hardship, however, our main concern is health that's why we sit as the Board of Health and that's why we have the setbacks imposed currently. That doesn't mean that setback requirements may not change in the future as technology improves in the quality of these systems continue to be improved as they are that could change in the future which would enable a system to be closer than a hundred feet. Right now with our current code of the Town of Queensbury you know you would require a variance to proceed with the system you've proposed. COUNCILMAN BREWER-I have one question. Are there homes on either side of the cottage? MRS. HOPPER-Yes. MR. HOPPER-On either side of my cottage? COUNCILMAN BREWER-Of the separate parcel we're talking about. MR. HOPPER-No sir, neither one. COUNCILMAN BREWER-Neither one. MR. HOPPER-Neither one sir. COUNCILMAN BREWER-I'm sorry I didn't go up there it looks like there is a building lot here and a building lot here potentially just keep this in mind that if somebody comes along and has ownership on that property on Hannaford Road if they come in and build a house we may be putting the septic system closer to somebody's well that's not four hundred foot deep. SUPERVISOR BROWER-I guess I'm making some assumptions here. COUNCILMAN BREWER-Right. SUPERVISOR BROWER-If we were to look at that alternative the applicant knowing that he he'd have to provide an easement for the septic system on that other parcel would also probably have to consider sharing his well. COUNCILMAN BREWER-How can you make somebody that we don't even know have no idea that they may come in and want to put a home there or seasonal cottage because they have that property and have that right and we're imposing a hardship on another lot potentially. SUPERVISORBROWER-Your're correct. MR. HOPPER-I believe the gentlemen that spoke earlier is that Mr. Schulz? COUNCILMAN BREWER-No. SUPERVISOR BROWER-There was a Mr. Stone and a Mr. Salvador. MR. HOPPER-Mr. Salvador I believe he has the land adjoining my property if I'm not incorrect behind me. COUNCILMAN TURNER-You are talking about Mr. Schulz. SUPERVISOR BROWER-That's probably Mr. Schulz I think he owns land.... COUNCILMAN TURNER-In Fort Ann. MR. HOPPER-As of right now number 36 Hannaford Road which is the cottage has and I'm not even sure you folks have the town map there I'm not even sure if that's part of the development behind us or it's Town land. I'm not sure but there is just a minimal amount of land between my cottage and the rear of 36 Hannaford Road over to Constitution Way on the other side there is Bucky what's his last name? MRS. HOPPER-Harris. MR. HOPPER-Bucky Harris's land. He has a garage on the other side of Hannaford Road and he has his septic system back there. To my knowledge unless there is a building lot on the Town plan back on Constitution Way behind our property I'm not quite sure of that layout back there. Like I said I purchased the properties individually I'd like to keep them separate entities and I guess Jane and I feelings are that we do have the appropriate amount of width in property a hundred feet wide by three hundred and eighty something feet long and our neighbors don't have anywhere near that sixty some and fifty some respectfully. We're under a hardship here no matter where we place this thing and we tried to work with Mr. Hatin and this was the best-case scenario that we could come up with using professional's draftsman and engineers. SUPERVISOR BROWER-I don't question the fact that you've done the best job you can with your existing lot. MRS. HOPPER-This has cost us tremendous amounts of time a tremendous amount of money gentlemen we don't have unlimited funds. COUNCILMAN BREWER-What about the open drainage ditch? We didn't' really talk about that too much... MR. HOPPER-Mr. Hatin took a look at that when we came up and he assured us that there wouldn't be a problem with that basically am I'm correct Dave? DIRECTOR BUIDLING AND CODES, MR. HATIN-Well, I didn't say that, but I did say it was another variance they would have to obtain because of the drainage ditch. MR. HOPPER-It's a storm water runoff ditch that was probably created by nature years and years ago basically runs between our property and Mr. Hansen's property. It runs two to three weeks a year and then it dries up for the season just basically spring runoff. COUNCILMAN BREWER-Do you know where it is on this map? So it's fourteen foot away from this guy's well. COUNCILMAN TURNER-Mr. Hopper I have a question. The property that you bought three years ago this lot that's on the side of the road to the east was that the Johnson property? MR. HOPPER-It was owned by believe it or not Hopper, Olga Hopper no relation. COUNCILMAN TURNER-I remember I've heard this when I was on the Zoning Board. They went up there to buy a piece of property the Johnson's I think it was and that's on Hannaford Road and I remember that ditch you're talking about coming across the road the same deal that you just said that it dries up in the summer and I do remember that. MRS. HOPPER-In fact we have spent a lot of money a lot of time keeping that ditch clean from leaves and sticks and whatnot. MR. HOPPER-The property line was the old Allen Estate, which Mr. Hansen now owns and purchased approximately the same time we purchased the old Olga Hopper Estate. The name is the same but we're not relatives. COUNCILMAN TURNER-No relation. Kissing cousins not even kissing cousin. MR. HOPPER-We're not even kissing cousins that we know of and that's not a very common name. COUNCILMAN TURNER-My problem with this is the same as everybody else that this mound system is right next to that drainage ditch for one thing and it's too close to the wells that are there. If you could somehow go across the road to the other piece of property in the back I don't see it as a major obstacle you could combined the two of them together. SUPERVISOR BROWER-Any other question of the Hopper's at this time? Any further comment from the public at all? Gentlemen no further questions? Do you have any further input Mr. & Mrs. Hopper? MR. HOPPER-I don't believe so. We've stated our case we've tried to go about this the right way. We haven't just hired some.... to back up a truck and dig a hole and put a fifty-five gallon drum into the ground. We've hired a draftsman and an engineer we've had the property surveyed. MRS. HOPPER-We've had all the input from everybody we could think of having before we went to the expense of having somebody to all this. MR. HOPPER-We talked to Mr. Hatin asked what he requires and we had our neighbors sign off on both sides of this and we've had it all done professionally. COUNCILMAN BREWER-The drainage ditch if that's a natural drainage ditch is there anyway to alter that flow? SUPERVISOR BROWER-Looks like it's been there a long time. MRS. HOPPER-There really is not enough flow Mr. Brewer to alter it. It only comes off the mountains early spring for a week or two then it's gone. MR. HOPPER-Snow thaw that's it. MRS. HOPPER-When the snow thaws it runs quick then it's gone. SUPERVISOR BROWER-Today there was some water in it but it wasn't really flowing. If it was flowing it was flowing extremely slowly. COUNCILMAN BREWER-Does it ever make it to the lake? SUPERVISOR BROWER-I'm sure it does. MR. HOPPER-It makes it's way to the lake, but.... SUPERVISOR BROWER-But everything goes to the lake on that side. MR. HOPPER-It is three hundred and some odd feet from the lake so our septic leach field would be three hundred and some feet from the lake. SUPERVISOR BROWER-They have steps going down to the Pilot Knob Road and then down to the docks, boat docks by the way you've got a beautiful boat dock there. MRS. HOPPER-Thank you. MR. HOPPER - We tried to do it by the numbers it took us a year to get that through the Park Commission. MRS. HOPPER-The house would be of the same kind it would be a cedar house. MR. HOPPER-As you folks know there is a lot of old antiquated camps up there on Hannaford Road we're trying to bring them up to date and bring them up to code and do things by the numbers as we specified here. We're not trying to do anything haphazardly we've hired all professional people to do this thing. I feel number one that we shouldn't be chastised because we own the property across the road. Number two we also have the appropriate amount of width to substantiate a project of this kind. Whereas, historically our neighbors have put these wells here and we're kind of under a hardship. MRS. HOPPER-And because of the geographical location and the makeup of the land there is only a certain place to place this that you can put this septic system. We'll have this done with every care in mind any specifications that the board would like to add to it we'd be glad to meet them. MR. HOPPER - We intend to bring in as many cubic yards of permeable soil as Mr. Hatin recommends. MRS. HOPPER-Whatever it takes we will do it. We'll cap this well anyway the Board of Health wants it cap. MR. HOPPER-There is houses up there as you folks all know that have been here for thirty-five years that got fifty-five gallon drums in the ground and they haven't done a thing to their property. We're trying to upgrade the property bring it up to code and put a state of the art septic system in here. If you folks want us to put in twenty-five cubic yards or a hundred and twenty five cubic yards of permeable soil we'll do that anything to bring it up to code. We do feel that we're under a hardship here and I've stated my reasons why. SUPERVISOR BROWER-I appreciate that thank you very much. MR. HOPPER-Your welcome. SUPERVISOR BROWER-Discussion with the board. I've got to tell you I appreciate the frustration that the applicant has, however, I view the other lot although it's not depicted on the maps being under common ownership as being a superior remedy for their septic problem. In fact if they were to construct something across the road there is a possibility they might not even have to drill a new well themselves. I'm not sure what the separation distances are here or how deep the lot is, but that's my general inclination I don't know how the rest of the board feels. COUNCILMAN MARTIN-I think, I generally got to agree with that. The thing I feel when we're on these marginal cases like this even engineers and all that I'm no hydro-geologist I can't tell you how things are going to percolate and move in there even with the well capped I don't know. Forty-three feet is an awful lot of relief and again I echo your statement about this it's a long process to go through. Everything was done correctly but sometimes you come to the end of that it's still too much relief. I don't see the lot across the road as a handicap I see it as an opportunity. I do think that you can maintain that as a separate individual lot with its separate individual saleable or whatever. Therein may lie a solution I hope I don't know what the people are going to do next door I wouldn't want to be Mr. Hansen in the future here it's a tight situation up there. SUPERVISOR BROWER-It's very tight and under similar circumstances where there hasn't been an option for relief as the Hopper's apparently have we've required holding tanks for seasonal use, but holding tanks are not approved for year round use. I really think the applicants going to be far better off if we agree as a board that this is the appropriate way to go even though it may cost a little more right now, I think in the long run they are going to enhance the value of their property. We're going to preclude the potential of contaminated neighbors wells which even if the neighbor signs off and he gets contamination its technically our responsibility at least I would view it as such. COUNCILMAN MARTIN-Just for future reference in terms of the discussion of a municipal sewer system these are the types of things you are running into up there. I say this with the full understanding of the time and effort and the quality presentation it's still an awful lot of relief. SUPERVISOR BROWER-How does the rest of the board feel about it? COUNCILMAN BREWER-My only thought is I understand exactly what you're saying and I know what your looking for. The way you guys are looking at it or Dennis if you push it across the street in my own mind we're imposing a hardship on that piece of property because if that's a hundred feet wide where are you going to put a system on that piece of property that could sustain both the cottage and the home that they want to build and still be able to sell that lot for any value? SUPERVISOR BROWER-Well, the applicant has the potential if they do desire to connect both properties to the same system. COUNCILMAN BREWER-Understood. SUPERVISOR BROWER-And potentially share their well with the other property in the future. COUNCILMAN BREWER-What about the neighbor? SUPERVISOR BROWER-In the future if they need to. Right now drawing from the lake people I mean, people do it all the time on Lake George, but.... COUNCILMAN BREWER-What about the neighbor to the north and the south though that own that property that might want to come in and put a home up you are putting those people that we don't even know who they are yet in the position that he's in right now. COUNCILMAN MARTIN-On the north and south side of the cottage? COUNCILMAN BREWER-Do you see my point? COUNCILMAN MARTIN-Yeah. COUNCILMAN BREWER-We're putting them exactly in the same position that we're putting him in. SUPERVISOR BROWER-It appeared to be a fairly wide lot. COUNCILMAN BREWER-It's no more than a hundred feet Dennis. SUPERVISOR BROWER-On the other side but compared to the adjoining neighbors the neighbors have a fairly narrow lot. COUNCILMAN BREWER-But, they are not there yet. You are putting this hundred foot wide lot if he's ever going to be able to sell that property he's going to have to put it here or here or maybe back here or here your doing the same exact thing that has been done to him. COUNCILMAN BREWER-Tim, I think that even in the existing condition those adjoining lots aren't going to be able to get the separation from the existing system on the cottage. COUNCILMAN MARTIN-What you're talking about already exists. COUNCILMAN BREWER-Your compounding it Jim because you're putting the cottage and his home there. My own thought I'm not saying I'm right or wrong it's pretty simple. COUNCILMAN MARTIN-If you want to table it I just don't feel qualified. COUNCILMAN BREWER-I don't either. COUNCILMAN MARTIN-I don't have enough experience to sit here and say you know, granting forty- three feet of relief is going to be a safe situation without adjoining lots. COUNCILMAN BREWER-We have a Town Engineer let's utilize him. COUNCILMAN MARTIN-That's fine if we can get somebody in here who can give me some insight into that because I don't have the background and the depths of experience to make that judgment. COUNCILMAN BREWER-I don't either, I'm just using common sense Jim. If we have one engineer that stamps it have our engineer check it. COUNCILMAN MARTIN-I understand how things are up there you've got fifty-five gallon drums, but a lot of it has been seasonal use. We're going to have full time year round residences up and down this street in the next ten years and it is going to change the situation up there. I don't have the background to sit here and say nobody is going to get sick off the water in that well when we have a bunch of year round residences up there. COUNCILMAN BREWER-Maybe it's time that you start working on these communities these small niches up there and you combine some of these vacant parcels and create a system that will support the homes that are there. COUNCILMAN MARTIN-That's what all these regulations Tim that's what all these regulations the zoning the health department standards are implying but it's never done because the property is to valuable as individual lots and everybody is wadding themselves around that lake up there trying to get at it. COUNCILMAN BREWER-It's not going to be worth anything Jim if they can't build on them. COUNCILMAN MARTIN-The zoning and all the other health department regulations are steering people in that direction but they continue to develop them individually cause they are to valuable not too. COUNCILMAN BREWER-Well, until such time that they decide that is what has to be done or we decide that has to been done then I say we have our engineer look at it if he says it works. COUCILMAN MARTIN-I'll table it if somebody can show me with some experience and knowledge that's it's going to be a safe situation. COUNCILMAN BREWER-I'm certainly not qualified to say yes or no. COUNCILMAN MARTIN-I mean, I feel better there is a four hundred foot vertical separation but at best I'll table it and listen to some expert this is a good situation. COUNCILMAN BREWER-We have an engineer let's have him look at it. If he doesn't feel that he's qualified then maybe we have the applicant get an independent engineer. COUNCILMAN MARTIN-Maybe this is the time we employee the all mighty Health Officer. COUNCILMAN BREWER-That's it, I mean those are tools we have let's use them. COUNCILMAN MARTIN-I would think we would want to talk to a hydro-geologist or somebody who is going to tell us about the profile of things up there I don't know. SUPERVISOR BROWER-I'd be glad to share it with the Health Officer. COUNCILMAN MARTIN-C.T. Male has somebody on staff. SUPERVISOR BROWER-Chris we could have C.T. Male take a look at this couldn't we? EXECUTIVE DIRECTOR, MR. ROUND-It's on the applicant's side. If you're asking the applicant to demonstrate something... COUNCILMAN BREWER-What I would say Chris it's similar to what the Planning Board does is give this plan to our engineer who represents the Town and say does this work. Ifhe says no then we have our answer if he says yes then we have our answer if he says I'm not sure then we have to get somebody to tell us. SUPERVISOR BROWER-That's typically not done at town expense. COUNCILMAN MARTIN-I'd be willing to pay for that service. COUNCILMAN BREWER-I mean how much is it going to cost? SUPERVISOR BROWER-It would be unusual to do something like that. COUNCILMAN BREWER-Dennis that's what people pay taxes for to have a service done for them by us. COUNCILMAN MARTIN-I don't mind authorizing that. COUNCILMAN BREWER-Me either, just do it and be done with it. COUNCILMAN MARTIN-I can sit here as a layperson staring at forty-three percent relief if you want me to apply the hard cold numbers that's not an approvable situation for me. But if an extenuating circumstance can be applied here and you show me some expert analysis that tends to say okay this is all right then I'll start to look at it. SUPERVISOR BROWER-A question for the board, do we want to set a precedent that the Town pay for a second engineering opinion I don't think it's the right precedent to set. I think if the applicant we're to agree to have to pay for having, I mean we'll pay our engineer but have them reimburse us to evaluate this that's one thing otherwise, I don't think I'd agree with it, that's my personal feeling. COUNCILMAN STEC-I agree with you Dennis. SUPERVISOR BROWER-If you set a precedent you better be willing to do it for everybody that comes this Board of Health, you do it for one, do it for all. How do you feel about that Mr. Hopper? COUNCILMAN MARTIN-Ask them the question. SUPERVISOR BROWER-Do you want our engineer to look at it independently? I can't honestly tell you they'll have a different opinion that anyone on the board thus far. MR. HOPPER-Personally I feel the applicant Jane and Dave Hopper have already set a precedent that we have had this thing done by the numbers. MRS. HOPPER-We have had an engineer. MR. HOPPER-We've had a professional building organization refer us to a draftsman to design a system and have it approved by an engineer and have that discussed with the Town's representative Mr. Hatin. Mr. Hatin said he has discussed this with our draftsman and our engineer basically I don't want to speak for Mr. Hatin but he says this is the best-case scenario for the Town. We've taken his recommendations and had it professionally designed and I think the applicant has already expressed an eagerness to pay for this because obviously draftsman's, engineers, and surveys aren't cheap we've already paid for that. MRS. HOPPER-We had an engineer go up there a professional that does this. MR. HOPPER-I believe that if you folks want to take exception to that even though my neighbors have no contest to this project if you folks want to take exception to it then I suggest that the Town pay for that. MRS. HOPPER-We have no problem with the Town hiring someone to look at it. MR. HOPPER - We've already paid for engineering expertise. SUPERVISOR BROWER-I would oppose that personally, but I don't know how the rest of the board feels. COUNCILMAN BREWER-I would say we're sitting here today ready to say no to this and questioning his engineer's authority or qualifications.... SUPERVISOR BROWER-We're not questioning the engineer, I don't think we're questioning the system. The whole thing is in question because it's before us for a variance that if we approve he builds and if we don't approve he doesn't build and he comes back with a better plan. My idea of a better plan is a system across the road that would be more than a hundred feet from his neighbor's well that would not impact or potentially impact the quality of the neighbor's drinking water, but that's my opinion. I feel that it's not our obligation they want to rebuild this house so they have to change their system it's part of our requirements to be able to do a change in a house either an expansion or a change you've got to upgrade your system that's the law. They have the ability to do this with another piece of property they happen to own. I think that's the safest way to go to prevent any possible contamination of the well, that's where I stand how do you stand Dan. COUNCILMAN STEC- To add to what Dennis and Jim are saying from my time on the Zoning Board of Appeals we have sent applicants out as part of our remedy to seek additional property in order to limit the amount of relief required we've done that before as a Town. I think that there is a better alternative available but the applicant doesn't want to look at it, but I think it's a better alternative. COUNCILMAN MARTIN-I don't want to sit here and design a system. I have a proposal before me I'm looking at a certain amount of relief.... SUPERVISOR BROWER-I think that's what we have to do we have to say our we going to accept this or are we going to reject it my opinion is we have to reject this proposal. COUNCILMAN MARTIN-Right, I don't want to make assumption about across the street. I do think there is some opportunity there for a solution, but it's not my job to design it. My job is to sit here and review an application that's before me and vote up or down as a member of the Board of Health. I'm just saying I'm not at a comfort level right now that I can sit here and say Mr. Hansen's drinking water is not going to be impacted by a system fifty-seven feet away. I'm asking for somebody with background and information on these types of things to tell me in this particular situation given the soils the nature of the use the rate of flow the permeability the amount of runoff and so on the presence of this drainage ditch nobody can give us a guarantee, but I would like some likely hood of one way or the other if I don't get that if I'm asked to vote tonight right now I'm saying thumbs down but if you want to table it and get that then I'll look at that. COUNCILMAN TURNER-Same thing if they want to table fine we'll... SUPERVISOR BROWER-Who wants to table it? COUNCILMAN TURNER-The applicant. SUPERVISOR BROWER-Your saying if the applicant would like to table it and get further information for the board then may change our opinion? COUNCILMAN TURNER-Table it and search out additional information. SUPERVISOR BROWER-If the applicant would like to table it and get further information for the board that may change our opinion. I'll be honest with you with the separation they have here I'm not going to change my opinion if he's going to keep it in the same place I mean who would, would any of you? COUNCILMAN TURNER-No, I wouldn't. SUPERVISOR BROWER-If he doesn't change the position of that system would any of you approve this at this time? COUNCILMAN TURNER-I would not. SUPERVISOR BROWER-I can tell you our Health Officer ifl ask him he's going to say he knows what the law is he's not going to stick his neck out and say less than fifty-seven feet is not going to affect the neighbors well, who would? COUNCILMAN MARTIN-If you look at past precedence's as the Board of Health other people have sat in these positions I don't think you are going to find too much relief of that magnitude even we've gone eight, nine feet something like that twelve feet, forty-three feet is a lot. SUPERVISOR BROWER-It's a great deal. COUNCILMAN MARTIN-Forty three feet is about to the back of the corner of this room. MR. HOPPER-Can I address the board? SUPERVISOR BROWER-Yes. MR. HOPPER-Forty-three is an awful extraordinary amount, but we're willing to bring in as much permeable soil as recommended by the Town. You all know up there that it is rock ledge I don't care how many feet your talking about it be five feet or forty-seven feet your talking about rock ledge. SUPERVISOR BROWER-Exactly. MR. HOPPER-You all know things go down hill you, know where the lake is and I'm talking about bringing in as much permeable soil as recommended. If you folks would rather have me rehab the existing cottage and leave the old antiquated system in place you all know what that curtails also. So what I think what the board has reached is a saturation point between what you're envision of the future is and what the letter of the law is that's all I have to say. I think Mr. Brewer is the only one that has a vision for the future. COUNCILMAN STEC-I'll move that we deny the application. SUPERVISOR BROWER-Motion by Mr. Stec. COUNCILMAN MARTIN-I'll second it. SUPERVISOR BROWER-Seconded by Mr. Martin. TOWN COUNSEL, SCHACHNER-I'm going to urge that if the board is going to consider a motion to deny I'm going to urge that the motion include some reasons why not just a motion to deny in other words. COUNCILMAN STEC-Mark feel free to help me out here. I'd say that the number and magnitude of the relief sought is excessive and in the Board's opinion a risk or a potential determent to the health and safety of the Lake George basin. TOWN COUNSEL, SCHACHNER-I guess the only thing I might suggest is that those who make the motion consider whether you want to mention the possibility availability of other alternatives if you feel so incline. COUNCILMAN STEC-I would only because I know.... COUNCILMAN MARTIN-I would say if you would go along with me. There appears to be at least one other alternative present by virtue of ownership of property in close proximity to this site. Also, there has been not enough information supplied about the potential effect on neighboring wells as a drinking water source those would be two additions I would have. TOWN COUNSEL, SCHACHNER-One person has to move and one person has to second it. COUNCILMAN STEC-Right, I agree with that I amend my motion as suggested by Mr. Martin. I'd add that these alternatives were discussed at length with the applicant and the applicant is unwilling to consider them. SUPERVISOR BROWER-Well that mayor may not be the case. They may come back with a revised application that does consider that. So we have a motion we have a second further discussion? COUNCILMAN TURNER-No. SUPERVISOR BROWER-Let's vote. RESOLUTION DENYING SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID AND JANE HOPPER RESOLUTION NO.: BOH 26,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin Motion to Deny Sewage Disposal Variance Application of David and Jane Hopper for the following reasons: 1. The number and magnitude of the relief sought is excessive in the Board's opinion constituting a potential detriment to the health and safety of the Lake George Basin. 2. There has not been enough information supplied about the potential effect on neighboring wells as a drinking water source. 3. There appears to be at least one other alternative present by virtue of ownership of property in close proximity to this site. 4. Potential alternatives were discussed with the applicants and the applicants are unwilling to consider them or at least have not offered to modify their proposal at this meeting. Duly adopted this 4th day of June, 2001, by the following vote: Ayes: Mr. Stec, Mr. Brower, Mr. Martin, Mr. Turner Noes: Mr. Brewer Absent: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH27, 2001 INTRODUCED BY:Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health adjourns from session and moves into regular session as the Town Board of the Town of Queensbury. Duly adopted this 4th day of June, 2001, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec Noes: None Absent:None PRESENT A TION BOB HUNTZ-LAKE SUNNYSIDE ASSOCIATION Mr. Huntz updated the board regarding the Lake Sunnyside Association operation. Noted the Lake Association was formed three years ago calling themselves PALS (Protective Association of Lake Sunnyside) which now has fifty members in the association noting their goal is the water quality of Lake Sunnyside. In the three years since they have been in association they have done a lot of studies noting they belong to a program known as CSLAP (Citizens State Lake Association Project), which allows testing to be done of the lake every summer. The Warren County Soil and Water Conservation District did a lake survey noting Dave Wick is the head of that group presented them with an informative report with recommendations that involve improving the storm water drainage around the lake, improving septic systems, and talking about how people take care of their lawns with fertilizers. They have conducted an aquatic plant survey, which was carried out by the Darin Freshwater Institute. A Professor did a study from Adironack Community College who has summer classes in this area, which the kids go up every week, and take samples of water from Lake Sunnyside to test it mainly for bacteria in the lake noting they will be doing it again this summer. Noted Highway Superintendent, Rick Missita and his crew have implemented a program to improve the storm water drainage in the lake, which has been completed noting they did an excellent job. The system was designed by Dave Wick, Warren County Water Quality Committee it was completed last summer noting they appreciated the Town doing it. Spoke to the board regarding the sonar program used for treating the milfoil in the lake thanked the Town Board for their help in this matter. In September the application of sonar was made to the lake noting Lake Sunnyside is the first lake in New York State to do a fall treatment of sonar noting the company gave a guarantee that's it's going to work or they would do it again in the Spring noting that it looked like the milfoil has been injured. ot sure that it's a hundred percent yet the company came by took a look they suggested giving another treatment in May which they came and did at no cost to raise the level of sonar in the lake it's looks like we will be successful. It appears to be working well encouraged that it will solve the problem for several years. Looking at the future noting it will not last forever the weeds will grow again in the future maybe in three or four years may have to do another application. Thanked Highway Superintendent, Rick Missita for drainage work that he did noting they are working with the County to see if they can get some help in improving the drainage along Sunnyside Road itself. Thanked Executive Director, Chris Round for his help with working with the Lake Sunnyside Association. SUPERVISOR BROWER-Asked if anyone is drawing directly from the lake? MR. HUNTZ-Noted there are two people that he knows of that draw water directly from the lake they both have an elaborate purification system in their home. Noted he would like to work with Executive Director, Mr. Round on alternatives for the lake noted he would like to find some kind of demonstration project to get funding from the federal government, state government to put a small system in place. PUBLIC HEARING PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER "88" FIRE PREVENTION AND BUILDING CONSTRUCTION" CONCERNING EXTENSION OF BUILDING PERMITS OR PERMITS ISSUED BY FIRE MARSHAL OPENED 8:26 P.M. NOTICE SHOWN DIRECTOR OF BUILDING & CODES, MR. HATIN-The reason for this amendment is we recently had a court case where a Supreme Court Judge decided against the Town in extension of permits. The building department had traditionally allowed permits to be extended after two years for an additional two years; however, I believe it was Judge Viscardi ruled that our law only allowed for a two-year permit and at the end of two years the permit expired. The problem we had is we traditionally have people out there who work out of their pocket to build additions or sometimes even homes and the permits do extend beyond two years. What we're asking the board to do is basically to amend the extension part to make it clear as to when you can and cannot extend a permit. There is an exception in here with variances because this is where the issue arose that if a building permit has a variance that will expire in two years so that the applicant cannot continually extend their building permit to maintain their variance in this partcular case was eight years so this will basically negate that from happening again. If the property does have a variance to build then they must build within two years and finish construction that's the exception to the rule. If there are no variances they can extend it every year annually. SUPERVISOR BROWER-Thank you Dave. Any questions from board members of Dave at this time? COUNCILMAN MARTIN-It makes sense to me. SUPERVISOR BROWER-In that case we'll hear from the public and see if there is any public input at this time. Anyone that would care to address the board on this public hearing at this time? MR. SAL V ADOR- What does the State allow or require in this regard? The New York State Uniform Fire Prevention and Building Code? SUPERVISOR BROWER-I'll ask Mr. Hatin to address that question. DIRECTOR OF BUILDING & CODES, MR. HATIN-The Fire Prevention and Building Code of the State requires that the Town adopt local laws for enforcement of building permits and when a building permit is required. The State themselves has no regulation it is left up to the local jurisdiction be that the Town. If the Town opts out then it goes to the County if the County opts out it goes back to the State and I don't believe there is an expiration date on a permit for the State for the Town purposes it goes by local law. MR. SALVADOR-So why have we put this limitation in the State of New York doesn't think it's....you get a permit to build you have a permit to build why must you finish it in a certain time frame? DIRECTOR OF BUILDING & CODES, MR. HATIN-Actually it's just the opposite of what Mr. Salvador is it's because people do not traditionally finish a building permit within a certain time frame this keeps it per active it gives us a status report on it to let us know where it stands. In the particular case of variances it was a way of people extending their variances, which has now been negated through this amendment. MR. SALVADOR-What we've done is create a sunset condition is that what you're saying? The States does not have condition.... DIRECTOR OF BUILDING & CODES, MR. HATIN-I don't know if they do or not John I would have to research that out. MR. SALVADOR -You said that they don't. DIRECTOR OF BUILDING & CODES, MR. HATIN-Ijust said I don't believe they do I don't know that for a fact. MR. SALVADOR-So we're creating a sunset condition on a permit that maybe the State doesn't require. I just wonder why we have to do that. DIRECTOR OF BUILDING & CODES, MR. HATIN-I'lljust remind the board we're not changing a local law we're basically clarifying a local law. SUPERVISOR BROWER-Anyone else care to address the board on this public hearing at this time? MR. TUCKER-They are not going to cost anymore are they? COUNCILMAN MARTIN-We've already raised the fees on them. SUPERVISOR BROWER-Anyone else care to address the board on this issue? BOB HUNTZ, 65 SUNNYSIDE ROAD-If someone has a variance then their permit is good for two years is that what we said? DIRECTOR OF BUILDING & CODES, MR. HATIN-That's correct they would have to have a CO issued within two years otherwise they would have to go back to the Zoning Board. MR. HUNTZ- If there is no variance then they can renew their building permit every year no matter how much of their building they have completed? DIRECTOR OF BUILDING & CODES, MR. HATIN-Correct. MR. HUNTZ-And they can carry that on for a long, long time. I would just submit that I don't think that should be that a person can begin a building and take ten years to complete it leaving an eyesore in a community for that period of time. I don't know why we have that kind of regulation it doesn't encourage someone if they are beginning construction to complete it by a reasonably period of time that's all I wanted to say, thank you. COUNCILMAN STEC-Actually that raises a good question. Typically do we have a problem with buildings being started and not being completed what's the worse case scenario? DIRECTOR OF BUIDLING & CODES, MR. HATIN-Probably eighty to ninety percent are completed within a two-year time frame it's the ten to twenty percent. COUNCILMAN STEC-What's the longest you've ever seen? DIRECTOR OF BUILDING & CODES, MR. HATIN-I have some that are still active since I've been here thirteen years. COUNCILMAN STEC-Every once and a while you do have a case like that. DIRECTOR OF BUILDING & CODES, MR. HATIN-There is going to be an exception to this there is no doubt about it an exceptional case I should say. EXECUTIVE DIRECTOR, MR. ROUND-Can you deny renewal of a permit? DIRECTOR OF BUILDING & CODES, MR. HATIN-We can deny a renewal sure that is written in the law, but it's judgmental on my part. COUNCILMAN BREWER-If you've got somebody with an open cellar that's been there for a year and half. COUNCILMAN MARTIN-If you look at the types of permits that Dave is referring to most I would venture to say are probably garages, decks. DIRECTOR OF BUILDING & CODES, MR. HATIN-They are generally additions, small projects. COUNCILMAN MARTIN-Because a lot of its bank financed and the bank is going to want to finish it up anyhow. DIRECTOR OF BUILDING & CODES, MR. HATIN-Very seldom is it a new structure it's generally an addition or alteration. SUPERVISOR BROWER-Thank you Dave. One last chance for the public to comment on this during this public hearing before I close the public input portion? Then I'll close the public hearing and ask our Attorney Mark Schachner for any comment that he might have on this. PUBLIC HEARING CLOSED TOWN COUNSEL, SCHACHNER-Unless Mr. Hatin is speaking of something of which I have no knowledge there is no Supreme Court decision against the Town. There was a court action that was started it was settled and Mr. Hatin misspoke when he indicated there was an adverse decision. That's not the case and Judge Viscardi is retired and is longer a Judge, I believe he is referring to Judge Aulisi. RESOLUTION ENACTING LOCAL LAW NO.4 OF 2001 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" CONCERNING EXTENSION OF BUILDING PERMITS OR PERMITS ISSUED BY FIRE MARSHAL RESOLUTION NO. 231,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4 of 2001 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," specifically ~88-15 entitled "Commencement and performance of work; posting of permits," so that the Town's Director of Building and Code Enforcement or, where appropriate, the Fire Marshal, may allow any number of extensions to building permits and/or fire marshal permits provided that the project for which a permit was issued did not require the granting of an area or use variance, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on June 4th, 2001 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 of hereby enacts Local Law No.: 4 of2001 to amend Queensbury Town Code Chapter 88 entitled "Fire Prevention and Building Construction," 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 4th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None LOCAL LAW NO.: 4, OF 2001 A LOCAL LAW TO AMEND CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 88 of the Queensbury Town Code entitled "Fire Prevention and Building Construction" is hereby amended by adding language to ~88-15 entitled "Commencement and performance of work; posting of permits" as follows: ~88-15. Commencement and performance of work; posting of permits. A. A building permit or permit issued by the Fire Marshal shall be effective to authorize the commencing and continuance of work authorized by that particular permit in accordance with the application, plans and specifications on which it is based for a period of twelve (12) months after the date of issuance. Provided that the project for which a permit was issued did not require the granting of an area or use variance, the Director of Building and Code Enforcement or, where appropriate, the Fire Marshal, may in their discretion allow any number of extensions each for a period not exceeding one (1) year provided only that the appropriate fees be paid. If the project did require a use or area variance, then for good cause shown, the Director of Building and Code Enforcement or, where appropriate, the Fire Marshal, may allow a maximum of two (2) extensions for commencement of such work for periods not exceeding six (6) months each. Other permits shall be effective as stated in other sections of this chapter. B. The issuance of a permit shall constitute authority to the applicant to proceed with the work in accordance with all applicable laws, codes, ordinances, rules and/or regulations. C. A building permit or permit issued by the Fire Marshal shall become void if construction does not commence within one (1) year after the date of its issuance, unless extended as provided in Subsection A above. D. Permits issued by the Director of Building and Code Enforcement and Fire Marshal shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Such permits issued by the Fire Marshal shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefore and the payment of the applicable permit fee. SECTION 2. 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 3. 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 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law ~27. CORRESPONDENCE To: Queensbury Town Board Re: 3rd Deputy Town Clerk Tammy Tracy of 1881 Bay Road, Lake George, N.Y. has been appointed by me as my 3rd Deputy Town Clerk for the sale of Conservation License only, appointment to take effect on June 5, 2001 through December 31, 2001. Respectfully, Darleen M. Dougher Town Clerk-Queensbury OPEN FORUM PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Questioned Resolution Authorizing Engagement of C.T. Male Associates to Prepare Map, Plan, and Report asked if the Town owns capacity now to take care of this? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Noted they currently have capacity in the infrastructure to handle the additional Route 9 proposal. We are now negotiating treatment capacity hope to have this within the future. Noted they met last week with the Mayor once again and his Controller for additional discussions made some progress noting they will be meeting again this Thursday. MR. TUCKER-Does the Town have capacity in the plant? DEPUTY DIRECTOR OF W ASTEW A TER, MR. SHAW-The City has capacity the Town does not own capacity for that. MR. TUCKER-Questioned how much this will cost? DEPUTY DIRECTOR OF WASTEWATER, MR. SHA W-$6,400. MR. TUCKER-Questioned Resolution Authorizing Assignment of Option to Purchase 10 Acre Parcel asked what would the school district do with this? SUPERVISOR BROWER-At this time they do not have any specific plans for the property, but are anxious to procure the option on this property from the Town so they can purchase it, which was approved by the Queensbury School District taxpayers. Noted when they are ready to do something with the parcel they will consult our Director of Recreation, Harry Hansen and the Recreation Commission. MR. TUCKER-Questioned if it was in writing? SUPERVISOR BROWER-It's verbal. MR. TUCKER-Noted he thinks they are missing the boat allowing that to get away for what you can buy it for. Questioned Resolution Advertisement of Bids for Reparation and/or Replacement of Curbs in the Vicinity of Broadacres Neighborhood, Queensbury. Asked why the board is doing this? COUNCILMAN BREWER-Because we said we would. SUPERVISOR BROWER-We want to do it in conjunction with prior to repavement of the area. MR. TUCKER-Noted this came to light in 1992, 1993, it was determined at that time that the curbs were put in by the developers that developed that section of Town. COUNCILMAN BREWER-Since last year we created a new law with sidewalks noting they are in need of repaIr. COUNCILMAN STEC-We're not adding any curbs just looking to maintain what's there. MR. TUCKER-Questioned if there will be any other resolutions coming before the board other than what's on the agenda? SUPERVISOR BROWER-Not that I'm aware of. MR. TUCKER-Noted two weeks ago there was one noting he questioned it and was denied the right to question it regarding a piece of equipment to the school. Believes the law says anything like that you have to get fair market value for it otherwise it goes into the auction. Questioned if they gave it to the school? COUNCILMAN BREWER-Asked Counsel if they had a right to do it? TOWN COUNSEL, SCHACHNER-Believes the Town did have the authority. MR. TUCKER-Noted the compost dump owned by the City of Glens on Sherman Avenue they are hauling demolition in there would like the board have the Planning Department research how they obtained the landfill. COUNCILMAN STEC- The proposed agenda items for the joint Queensbury/Glens Falls Meeting on June 11th, for discussion City's brush dump in West Glens Falls as a serious fire hazard. MR. TUCKER-Noted he followed a truck loaded with sidewalks. DIRECTOR OF BUILDING & CODES, MR. HATIN-Noted that is considered clean fill. COUNCILMAN STEC-Questioned if it was allowed? DIRECTOR OF BUILDING & CODES, MR. HATIN-Technically it is City property we have no jurisdiction noting it is regulated by DEC. COUNCILMAN MARTIN-Recommended going to DEC with this. DIRECTOR OF BUILDING & CODES, MR. HATIN-Asphalt, concrete and clean dirt is considered clean fill. COUNCILMAN MARTIN-That's not the only reason why you have a C & D permit it's not just the nature of the waste. A C & D permit will also address where it's being dumped the erosion control measures in place, types of disturbance involved. It's not just the hazardous or non-hazardous nature of the waste it's how the dumping is done also that's what the permit is about. COUNCILMAN BREWER-Recommended having Code Compliance Officer, Craig Brown looked into this. EXECUTIVE DIRECTOR, MR. ROUND-Noted they will investigate the complaint. JOHN SALVADOR-Questioned Resolution regarding C.T. Male's Map, Plan, and Report. Asked if the board has given consideration to a conflict of interest noting C.T. Male is also the Town Engineer, questioned if there was competitive bidding? Questioned who sets the boundaries of the district? When do we get into discussion evaluation of whether or not we really need this? What are the environmental impacts? What are the socioeconomic impacts of this project? When do we get into the environmental review? Noted a Map, Plan, and Report is something ready for construction bidding. COUNCILMAN MARTIN-Not this. That would be one of the next steps after this. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Map, Plan, and Report is required to do a district formation. The engineer will come in sit down with us to define the district borders and provide that information into a Map, Plan, and Report, form and have a public hearing on it for public comment. COUNCILMAN MARTIN-At what point do we do the environmental assessment form? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-There will be a short form at the time we do the Map, Plan, and Report at the public hearing. MR. SALVADOR-Questioned do we really need this project? Are there alternatives to sewering Route 9? Questioned if people will be at liberty to tie in or not to tie in? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-The people who you are referring that didn't tie in on the other extensions were not in the district they elected not to be in the district. MR. SALVADOR-Questioned if people in this case elect not to be in the district? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-At the time of the public hearing that will be public input. If someone desires to be out of the district that will be their input and the district borders are adjusted. MR. SALVADOR-If the district boundaries are adjusted at that time the project has a new definition. Read to the board from a project proposal what they are doing north of the Town line regarding the business improvement district. Asked if Councilman Martin would ask the board for a report on the Committee Meeting that took place on June 1st, involving the Lake George basin sewer. OPEN FORUM CLOSED 8:50 P.M. RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2001 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 125 ENTITLED, "GLEN LAKE BOAT LAUNCH SITE" RESOLUTION NO. 232,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _, 2001 to add a new Chapter 125 to the Queensbury Town Code entitled "Glen Lake Boat Launch Site," which Chapter's purpose is to provide a convenient, safe area for launching of canoes and other small boats which are transported without the use of a boat trailer and to meet safety concerns to prevent trailer usage and access at Town-owned property on Glen Lake, and WHEREAS, such legislation is authorized in accordance with New York State Town Law ~130(15) and Municipal Home Rule Law ~1O, and WHEREAS, prior to adoption of the Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury at 7:00 p.rn. on June 18th, 2001 to consider proposed Local Law No.: _ of2001, hear all persons interested and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post the attached Notice of Public Hearing as required by law. Duly adopted this 4th day of June, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED POLICY AUTHORIZING AND ESTABLISHING TOWN OF QUEENSBURY CAPITAL IMPROVEMENT PLAN RESOLUTION NO.: 233, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to adopt a policy authorizing and establishing a Capital Improvement Plan (CIP) for the Town of Queensbury, such CIP Policy to serve as a plan to facilitate meeting the Town's future capital needs, including public works infrastructure, and WHEREAS, in accordance with New York State General Municipal Law ~99-g, the Town Board wishes to schedule a public hearing to hear all interested persons concerning the proposed CIP Policy, and WHEREAS, the proposed CIP Policy has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.rn. on June 18th, 2001 to hear all interested persons and take any necessary action provided by law concerning adoption of the proposed Policy Authorizing and Establishing a Capital Improvement Plan for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed CIP Policy in the maImer provided by law. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin Mr. Turner, Mr. Stec, NOES : None ABSENT: None RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR OPEN SPACE PLAN FOR TOWN OF QUEENSBURY RESOLUTION NO.: 234,2001 INTRODUCED BY: Mr. Tim Brewer SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 157,2001 the Queensbury Town Board authorized an Agreement between the Town and the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, the Town's Community Development Department Staff, Queensbury Land Conservancy and Town citizens wish to assist with the development of a Town of Queensbury Open Space Plan, and WHEREAS, the Town's Senior PlaImer has prepared a Request for Proposals (RFP) to distribute to qualified contractors for services, such services to include development of an Open Space Plan to incorporate a public participation plan; development and administration of a community survey and analysis of the results of such survey; preparation of an inventory of areas important to Town citizens and a method for prioritization of those areas; development of policies and recommendations for use by the Town in plans and regulations, preparation of scenarios to gauge costs of preservation/conservation/acquisition of important land; outline funding mechanisms; and preparation of an action plan to implement goals; and WHEREAS, the Town Board wishes to solicit proposals for these services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town's Senior PlaImer and/or Executive Director of Community Development to prepare and distribute the Request for Proposals referenced in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Senior PlaImer and/or Executive Director of Community Development to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: MARILYN RYBA-Recommended having two Town Board members participate in the request for proposal when we do get consultants that respond to it to take a look at the proposals. Recommended development of a public participation plan noting she has done a lot of research regarding this noting it is a real key to making sure whatever goes into place is agreed upon then you have the basis of support to decide. Noted this is consistent with the Comprehensive Land Use Plan. COUNCILMAN BREWER, COUNCILMAN STEC-Noted they would be part of the committee. RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. TO PREPARE MAP, PLAN AND REPORT FOR PROPOSED ROUTE 9 SANITARY SEWER DISTRICT RESOLUTION NO.: 235, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury's Wastewater Director has obtained an engineering services proposal from C. T. Male Associates, P. C. (c. T. Male) for preparation of a Map, Plan and Report for a proposed Sanitary Sewer District to serve the area of Route 9 from the intersection of State Route 149 south to the existing Central Queensbury Quaker Road Sewer District boundary approximately 1/2 mile north of Aviation Road, and WHEREAS, the Wastewater Director has recommended that the Town Board engage c.T. Male's engineering services for an amount not to exceed $6,400 as delineated in C.T. Male's proposal dated May 31 st, 2001 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for the preparation of a Map, Plan and Report for a proposed Sanitary Sewer District to serve the area of Route 9 from the intersection of State Route 149 south to the existing Central Queensbury Quaker Road Sewer District boundary approximately 1/2 mile north of Aviation Road, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for c.T. Male's services in an amount not to exceed $6,400 shall be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District along with amounts previously authorized by Town Board Resolution No.: 269 of 2000 which Resolution provided for payment to C.T. Male for preparation of a feasibility study for a proposed Route 9 Sewer District Extension, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION ADDING "BIG SLIDE DRIVE" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 236, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Big Slide Drive" to its list of private driveways and road names to reference a shared private driveway located off of Lockhart Loop, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Big Slide Drive" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying Big Slide Drive, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING SALE OF OBSOLETE TOWN ITEMS AT AUCTION RESOLUTION NO.: 237, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with New York State Town Law ~64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, the Town Purchasing Agent has submitted to the Town Board a list of obsolete Town equipment and furniture and has requested Town Board authorization to sell the items at an auction to be held in conjunction with Washington County at the Washington County Municipal Complex on July 21st, 2001 by Auctioneer Russ Sherrer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of Town-owned items that are no longer needed by the Town or are worn-out or obsolete, as substantially set forth on the list presented at this meeting, at an auction to be held in conjunction with Washington County at the Washington County Municipal Complex on July 21st, 2001, and BE IT FURTHER, RESOLVED, that all Town proceeds from the auction shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that any contract for auction shall be in form approved by Town Counsel and the Town Supervisor is authorized to set minimum bid amounts if required. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Questioned if they have to accept bids? SUPERVISOR BROWER-Technically, yes. MR. SALVADOR-Questioned if they established an up set price per vehicle? SUPERVISOR BROWER-We haven't believes they have the ability too could put a minimum bid on certain items. TOWN COUNSEL, SCHACHNER-Believes the Supervisor maybe referencing some deal with the auctioneer that I'm not aware of. SUPERVISOR BROWER-There is no deal with the auctioneer. TOWN COUNSEL, SCHACHNER-Then I don't know the basis for the position of we must accept any offer. SUPERVISOR BROWER-We can set a minimum bid limit they can go through the auction if the limit has not been met the equipment would not be purchased. COUNCILMAN BREWER-Recommended setting a limit. SUPERVISOR BROWER-Noted Mr. Hess recommended they do this on certain items. COUNCILMAN BREWER-Asked Town Counsel if they have to take all bids? TOWN COUNSEL, SCHACHNER-No. COUNCILMAN BREWER-Do we have to pay him if we don't sell something. TOWN COUNSEL, SCHACHNER-Not under any statue or legal obligation. COUNCILMAN BREWER-Questioned if they have a contract for this? SUPERVISOR BROWER-Doesn't think a contract has been signed. Recommended amending the resolution with the stipulation if a contract is required that it be reviewed by legal counsel any minimum bidding required they authorize the Supervisor to set minimum amounts that we be accepted if we feel its desirable, does board agree. TOWN BOARD-Yes. RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 238, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, and WHEREAS, the Queensbury Town Board has set the Year 2001 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: COMMUNITY SERVICES: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-8989-4414 (Comm. Servo Contracts) 25,000. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT:None RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY LONG RIFLE ENTERPRISES, INC. ON DIX AVENUE TO PLANNING BOARD RESOLUTION NO. 239,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Long Rifle Enterprises, Inc. has submitted an application to the Queensbury Town Clerk's Office for rezoning of a parcel of property on Dix Avenue and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town Planning Department and PlaIming Board for recommendations in accordance with ~ 179-94 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the rezoning applications and take such other action as it shall deem necessary and proper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for advisory report and recommendation: APPLICATION OF Long Rifle Enterprises, Inc. TAX MAP NO: 110-1-1.27 LOCATION OF PROPERTY 257 Dix Avenue, Queensbury, NY APPLICATION FOR :Rezoning of a parcel currently zoned Light Industrial - One Acre (LI -IA) to Highway Commercial - One Acre (HC-IA) and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and authorizes and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE: APPLICANT - SEAN GARVEY PRESENT MR. GARVEY-Long Rifle Enterprises owns a piece of property on Dix Avenue noting they initially wanted to use it as an automobile storage facility because of crowed conditions that Garvey V olkswagon was experiencing. Had hoped to pave it and use part of it for winter but because of the application process and way it was zoned light industrial most of the uses around it are highway commercial. Applied for site plan review the PlaIming Department felt that if we showed cars to perspective customers on this lot that it would not be light industrial use it would be a highway commercial use, but did grant site plan approval to build a storage facility there with that stipulation. Instead of holding that up and holding up construction proceeded with the hope in the future to apply for a use variance or zoning change so customers could go on the lot noting this petition for change of zone is for auto sales. Councilman Brewer noted it is an appropriate use would support sending it to the Planning Board, CouncilmanTurner agreed. RESOLUTION RESCHEDULING TOWN BOARD REGULAR MEETINGS FOR JULY AND SEPTEMBER 2001 RESOLUTION NO.: 240, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town Supervisor has requested a change to the Town Board meeting schedule for July and September, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and sets its July and September, 2001 meeting schedule as follows: Regular Town Board Meetings: July 9th and July 23rd, 2001 Special, Workshop Meetings (if needed): July 16th and/or July 30th, 2001 Regular Town Board Meetings: September 10th and September 24th, 2001 Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING ASSIGNMENT OF OPTION TO PURCHASE 10 ACRE PARCEL IN INDIAN RIDGE PLANNED UNIT DEVELOPMENT TO QUEENSBURY UNION FREE SCHOOL DISTRICT RESOLUTION NO.: 241, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Town Board Resolution No.: 97,2000 the Queensbury Town Board authorized the Indian Ridge PlaImed Unit Development Agreement (PUD Agreement) between the Town of Queensbury and Thomas 1. Farone & Son, Inc., (Developers), and WHEREAS, as part of the PUD Agreement, the Developers agreed to grant the Town an option to purchase a ten (10) acre parcel of land located near the Queensbury School within the PUD, and WHEREAS, the Town and Queensbury Union Free School District (School) wish to have the option to purchase assigned to the School with the understanding that the School will own and use the property in accordance with any terms and conditions set forth in the PUD Agreement, and WHEREAS, an Assignment of Option providing for this transaction has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and authorizes the assignment of option to purchase a ten (10) acre parcel of land located near the Queensbury School within the Indian Ridge PlaImed Unit Development to the Queensbury Union Free School District with the understanding that the School will own and use the property in accordance with any terms and conditions set forth in the PlaImed Unit Development Agreement entered into between the Town and Thomas 1. Farone & Son, Inc., as authorized by Town Board Resolution No.: 97,2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Assignment of Option substantially in the form presented at this meeting along with any and all documents necessary to complete this transaction and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of June, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ADVERTISEMENT HAVE BIDS FOR REPARATION AND/OR REPLACEMENT OF CURBS IN VICINITY OF BROAD ACRES NEIGHBORHOOD, QUEENSBURY RESOLUTION NO. 242,2001 MOTION WITHDRAWN INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin COUNCILMAN STEC-Noted he has spoken with Highway Superintendent, Mr. Missita noting he had asked to table this until two weeks from tonight would like to talk to the DPW in Glens Falls regarding specifications, board agreed to pull resolution. RESOLUTION AUTHORIZING SOLICITATION OF BIDS AND SETTING HEARING CONCERNING DEMOLITION AND REMOVAL OF STRUCTURE OWNED BY GORDON LA BARGE LOCATED AT 2027 RIDGE ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO. 242,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, on December 4th, 2000, the Queensbury Town Board held a hearing concerning an unsafe structure owned by Gordon LaBarge located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1- 8) and adopted Resolution No.: 508, 2000 ordering Mr. LaBarge to immediately begin renovating or demolishing the unsafe structure and completing the renovation or demolition and removal process by March 30th, 2001, and WHEREAS, Resolution No.: 508,2000 also stated that, in the event that Mr. LaBarge did not comply with the Town Board's Resolution, the Town Board would authorize the Director of Building and Codes Enforcement to make arrangements for demolition and removal of the structure, and WHEREAS, the Director of Building and Codes has advised the Town Board that Resolution No.: 508,2000 was served on Mr. LaBarge in accordance with New York State Town Law ~130(16) and Queensbury Town Code Chapter 60 and Mr. LaBarge has not finished the renovation or demolition and removal of the structure, and WHEREAS, the Director of Building and Codes Enforcement wishes to obtain Town Board authorization to solicit bids for the demolition and removal of the unsafe structure, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Director of Building and Code Enforcement to solicit bids for the demolition and removal of the unsafe structure owned by Gordon LaBarge located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1-8), and BE IT FURTHER, RESOLVED, that the Town Board hereby schedules another hearing concerning this unsafe structure to be held on June 18th, 2001 at 7:00 p.rn. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Director of Building and Codes Enforcement to send a copy of this Resolution by registered mail to the property owner. Duly adopted this 4th day of June, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:Mr. Brewer DISCUSSION HELD BEFORE VOTE: DIRECTOR OF BUILDING & CODES, MR. HATIN-This is a formality for the board noted he was authorized to get prices for demolition, however, in talking to Mr. LaBarge he felt like he wasn't getting a good deal. Recommended bringing this before the board one more time to remind him of his commitment that he made to the board. Supervisor Brower asked if he demolished the structure. Mr. Hatin noted he started to demolish it, but has made it worse than what it was. RESOLUTION AUTHORIZING PROCLAMATION CONCERNING YMCA DAY IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 243, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the year 2001 marks the 150th anniversary of the YMCA movement in the United States and the 114th anniversary of the Glens Falls Area Family YMCA, and WHEREAS, the YMCA has touched the lives of virtually all Americans, from pioneering camping, public libraries, night schools, group swimming lessons and lifesaving, and teaching English as a second language to inventing basketball and volleyball, and WHEREAS, many YMCA volunteers, staff and companies are to be commended for their contributions and efforts in establishing a new Program Center for Youth and Gymnastics in the Town of Queensbury, and WHEREAS, the Family YMCA of the Glens Falls Area lives its mission every day which is, "To put Christian principles into practice through programs that build healthy spirit, mind and body for all," and WHEREAS, the YMCA movement in the United States serves nearly 18 million members per year as an organization that is volunteer-founded, volunteer-based and volunteer-led, and WHEREAS, the Family YMCA of the Glens Falls Area programs provide a spirit of adventure that challenges members to learn new skills, try new activities and explore other cultures while being good citizens in their community, and WHEREAS, the Family YMCA of the Glens Falls Area provides parents with high-quality, affordable child care, provides teens with a safe place to go after school, provides families a fun, affordable place to spend time together, provides seniors with social programs and provides healthy programs and services for everyone in the community, and WHEREAS, the Family YMCA of the Glens Falls Area is part of a national movement that serves 9 million children per year, is the nation's largest child care provider, currently serves one in ten teens and incorporates the values of caring, honesty, respect and responsibility in all its programs, and WHEREAS, the Family YMCA of the Glens Falls Area salutes Elizabeth Doyle and Dr. R. George Wiswall for their many years of dedicated service on the YMCA Board of Trustees, and WHEREAS, the Family YMCA of the Glens Falls Area congratulates Rick Meath on receiving the Distinguished Service Award for his long-term dedicated service and leadership on the YMCA Board of Directors and Trustees, and WHEREAS, the Family YMCA of the Glens Falls Area congratulates Tom McGowan on receiving the Community Service A ward for his leadership in forming community partnerships with organizations including the ACC and the YMCA, and WHEREAS, the Family YMCA of the Glens Falls Area congratulates Robert Hughes on receiving the Service to Youth Award for giving generously of his time and talents to help renovate the new YMCA Program Center for Youth and Gymnastics, and WHEREAS, the Family YMCA of the Glens Falls Area congratulates Nancy B. Keating on receiving the Service to Y outh Award for being a strong advocate for youth and her leadership on the Annual Campaign for Kids committee to provide scholarships for youth, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby takes great pleasure in proclaiming June 5th, 2001 as YMCA Day in the Town of Queensbury on the 150th anniversary of the YMCA movement and acknowledges with pride the positive impact of the organization in this community, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to forward a copy of the attached Proclamation to the Family YMCA of the Glens Falls Area. Duly adopted this 4th day of June, 2001 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brower, Mr. Martin NOES None ABSENT:Mr. Brewer TOWN BOARD DISCUSSIONS SUPERVISOR BROWER-Noted they would require a brief executive session this evening to discuss personnel and real property acquisition. EXECUTIVE DIRECTOR, MR. ROUND-Noted they advertised for Code Compliance Officer expect to make recommendation at the next board meeting to fill the position also will be looking to established the Zoning Administrator position and moving our current Code Compliance Officer to the Zoning Administrator position. Spoke to the board regarding the Zoning Ordinance. Solicited in March of this year comments from the New York Planning Federation received those the first week of May. Made revisions to our Ordinance delivered a revised Ordinance to Chazan for restructuring and hope to have this within two weeks and a copy to board members within three weeks. Will give Town Board schedule at the next Town Board meeting for some suggested dates for informational meetings to deliver this back to the public. Would like to have two meetings in the month of August so they can make some outreach to the North Queensbury area the lake residents, seasonal population noting they are targeting a fall adoption of a revised Ordnance. Updated the board regarding the Main Street project noting they have not yet finalized a scope of services expect they will receive a revised scope of services from our consultants Saratoga Associates hopes to come back to the board within two weeks. Councilman Brewer recommended having a Workshop with County Supervisors and Town Board members regarding Main Street project. Spoke to the board regarding the Great Escape noting they are reaching closure of this process. Will be meeting Wednesday evening to potentially accept the GElS then adopt Findings at the June 19th, Planning Board Meeting noting it is all contingent upon receiving the required information from the applicant and being able to have time to review that information. Spoke to the board regarding Aviation Mall noting the closing comment period is June 18th. The Planning Board will be reviewing preliminary sketch plan for site plan review on the site on June 19th. COUNCILMAN BREWER-Asked Town Counsel, Schachner to contact Attorney Hafner regarding Queensbury Forest and obtaining easements. EXECUTIVE DIRECTOR, MR. ROUND-Spoke to the board regarding the Earltown property noting Warren Rosenthal and himself have been trying to work through DEC to talk about the acquisition of the Earltown property. The property is listed on the New York State Open Space plan as a priority property have tried to indicate to the State that this property has come together that we are interesting in the State acquiring the property to preserve it long term has provided the State with mapping, information, mailing lists in hopes they will take a look at this. COUNCILMAN BREWER-Asked for an update on South Queensbury Sewer project. EXECUTIVE DIRECTOR, MR. ROUND-Attorney Hafner has met with representatives from Kingsbury to formalize some of the agreements noting it is moving along with no problems at this point. COUNCILMAN BREWER-Noted the joint Memorial Day Parade with Town of Queensbury/Glens Falls was successful noting a meeting is scheduled for tomorrow to start plaIming for next year. Noted the puppets didn't' go in the parade, noting they have a puppet on display at LARAC. COUNCILMAN STEC- The board is considering the closure of a portion of Clifford Avenue, which is down off Warren Street. Spoke to the board regarding memo received from Miller, Mannix, regarding Crandall Library voting procedure resolution noting it sUllUllarizes their understanding from the February 28th, meeting that they would each pass something. Read last portion of the resolution stating, this resolution shall become effective until a substantially similar resolution, questioned the word "substantially" . TOWN COUNSEL, SCHACHNER-Recommended saying until "it" is adopted, board in agreement. COUNCILMAN STEC-Asked the status of the fire departments letter regarding moving the communication antenna noting he has no problem with it? COUNCILMAN TURNER-Noted he spoke with Landfill Superintendent, Jim Coughlin he doesn't have a problem with it. COUNCILMAN STEC- The fire companies would like the Town to move an antenna from Bay Ridge Fire Station to the Landfill on Ridge Road. TOWN COUNSEL, SCHACHNER-Recommended doing this by resolution because it is Town own property to prepare resolution for next meeting. COUNCILMAN STEC-Spoke to the board noting he has asked Comptroller Hess for comparisons over the last several years for sales tax estimates. Spoke to the board regarding agenda items for the joint Queensbury/Glens Falls meeting for June 11th. COUNCILMAN BROWER-Only concern with the agenda was the item concerning the Joint Hazard Waste Day for next year noting it is to early to do that would like to see Glens Falls hold one of their own before they have a joint one. COUNCILMAN MARTIN-Questioned the status of the Highway Garage? SUPERVISOR BROWER-To move it to the capital plan when they prioritize items of the capital plan will evaluate this at the same time. COUNCILMAN MARTIN-Asked for update regarding the Lake George Sewer Basin Meeting. SUPERVISOR BROWER-Meeting held were updated on some change orders for the Lake George project and Bolton project. Talked about Queensbury's option noted wanted to have public out reach session sometime in late June or July when residents are here to ask their input. MR. SALVADOR-Questioned if the resolution for the library will the resolution lead to a change in the enabling legislation that the library operates under at this time? TOWN COUNSEL, SCHACHNER-Noted it is his understanding that the agreement among the participating municipalities in the district was to the effect by virtual of entering into a four party agreement that would not be a necessity to amend any legislation. ATTORNEY MATTERS TOWN COUNSEL, SCHACHNER-Asked for input regarding the offer ofMr. Clute on the Fifth Street Ext. property, two litigations cases for executive session. DISCUSSION HELD MR. TUCKER-Spoke to the board regarding West Glens Falls Fire Company noting that information has come to him regarding that they may have misused some funds. They sent a piece of equipment to get repaired without the authority of the Town Board asked to have this checked out. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 244,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss two matters of litigation and one personnel matter. Duly adopted this 4th day June, 2001, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner Noes: None Absent: None RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 245,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board hereby adjourns its Regular Town Board Meeting. Duly adopted this 4th day of June, 2001, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec Noes: None Absent: None On motion, the meeting was adjourned. Respectfully Submitted, Darleen M.Dougher Town Clerk Town of Queensbury