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2012-05-21 Mtg 11 REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 253 REGULAR TOWN BOARD MEETING MTG#11 MAY 21, 2012 RES#156 7:00 P.M. B.H.9 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 156, 2012 INTRODUCED BY: MR.ANTHONY METIVIER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. Duly adopted this 21St day of May, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT:Mr. Brewer PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT NAPOLI PUBLICATION DATE: MAY 11, 2012 OPENED ROBERT NAPOLI AND TOM HUTCHINS, HUTCHINS ENGINEERING SUPERVISOR STEC-We set this public hearing two weeks ago I know that I've heard from some Town Board members that we have some questions. This is for property located at 352 Glen Lake Road seeking four variances. Ten and a half feet from the northern dwelling in lieu of twenty. Twelve point six feet from the southern dwelling in lieu of twenty feet. Fifty point three feet from the neighboring well in lieu of a hundred feet and eighty seven point eight feet from on the on-site well instead of the required hundred feet. I know that both the application includes a sign off from the owner and the neighboring property owner Darren Boecher. I know that the Town Board had some concerns about the proximity I think mostly to that neighboring well. In any event we will open the public hearing and take any public comment. If the applicant wants to come and maybe do some Q and A with Town Board members on some of our concerns that would be fine, too. Just come to the microphone please state your name and address for the record please. PUBLIC HEARING OPENED TOM HUTCHINS, HUTCHINS ENGINEERING-1 am here on behalf of owner applicant Robert Napoli. What we have the Napoli's own the property that encompasses 350 and 352 Glen Lake Road. There are two REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 254 residences on one parcel they have been there for a significant number of years. Mr. Napoli has been doing some much needed work on the residences. As you are aware within a waterfront zone when we remodel we need to either certify that our septic system is currently compliant or produce a compliant system. The system is old the system is functioning it is not in failure; however, it is certainly not compliant with today's standards. What we have tried to do is put together a system that is as close to compliant as we can get obviously if we could do a fully compliant system we wouldn't be here before you. We are requesting four variances the ten and a half feet from the northern dwelling and the twelve and a half feet from the southern dwelling we need those obviously the requirement is twenty and we can't meet it in the limited space available this is a relatively small lot. The well separations of fifty point three feet from the southerly neighboring well and eighty seven feet from our well have been one of the concerns of ourselves and everyone. Little additional information on that it is not in the record we did pull samples,water samples from both the neighboring residence and the Napoli residence they have been to a DOH certified lab and right now they passed there was no coliform detected in either of the samples so presently the water supplies are both good. We are proposing to replace the combined waste water system in centrally the same location that it is in because it is the only location available. When we size the system to today's standards we have a good size absorption bed and we have located it where we are most comfortable maximizing all the separation distances we can. It is possible that we could eek it a little bit further to the north and maybe take a couple feet out of the ten foot house separation and add a couple feet to the fifty foot separation we could certainly do that, but I think we have located it in about the best location we can. Additionally it is not indicated on the plan and we are proposing to install ultra-violet disinfection on the water system in both the neighboring residences and the Napoli residence we will get that on the plan and go on record that we will do that as part of the project. COUNCILMAN METIVIER-So you are putting that in you are installing those systems for the neighbors? MR. NAPOLI-Yes. MR. HUTCHINS-The system will be professionally installed; however, he is willing to have that done. SUPERVISOR STEC-I know John you had a few questions. COUNCILMAN STROUGH-Where is the septic system now? MR. HUTCHINS-It is in the location where the absorption bed is, it is between the two houses in the grass area. COUNCILMAN STROUGH-So you are going to remove all of that soil it doesn't say that in the plans. MR. HUTCHINS-We are going to have to remove what is... COUNCILMAN STROUGH-What was the perc test? MR. HUTCHINS-We haven't done a perc test yet. COUNCILMAN STROUGH-No soil boor? MR. HUTCHINS-We did not want to do a deep excavation because we didn't want to destroy the existing system. COUNCILMAN STROUGH-These are the things that I don't know. I don't know depth of bedrock. I don't know the depth of water table. I don't know the soil types. I don't know if we are dealing with loam. I don't know if we are dealing with sand. I don't know what the perc rate is. I can't make a judgment based on the system that you are proposing, but I do have some offers. I am very concerned about the fifty feet from Mr. Boecher well. The hundred foot is set for a reason the separation distance given it might be for worst case scenarios so let's go down to seventy five feet, but this is fifty feet this exceeds my comfort level. I understand that you are willing to put in a ultra-violet system to assure the integrity of the water supply for your neighbor. I am also aware that you are proposing a traditional infiltration field where a more efficient system would call for less of a field size we could move some of this field further north and add let's say maybe another ten feet and we get sixty feet and that's a little bit better. I wouldn't be as concerned if this was down gradient from Mr. Boecher's field, but this is up gradient, which concerns me more. Number one I don't have all the data that I need to make an assessment to make sure that this septic system is the best possible and I don't think it is. I think we can go up to a more efficient system and gain another ten feet of separation to Mr. Boecher's well. The other thing I would like to know when the last time Mr. Boecher's well was inspected? Mr. HUTCHINS-I am not sure when his well was inspected? REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 255 COUNCILMAN STROUGH-How old is it? Is it incased?What I am worried about if it is not incased it should be. If it was incased when it was built that casing should be checked out tree roots and everything else. When we are talking fifty feet away from a potential source of pollution I have to be very careful in terms of this is the Board of Health. I have to be careful for that neighbor and make sure that when I give my stamp of approval on this that it is safe for your neighbors as well. I think in my opinion we can go back to the drawing board have a more efficient infiltration bed that is smaller in size. The other thing is we have two residences that are going to be supplying to this infiltration bed and both are three bedrooms that little one and a half story if it was two bedrooms then we wouldn't need the size of the infiltration bed that we have. Are you sure that you need three bedrooms I know the places are being renovated? MR. HUTCHINS-There are three bedrooms within... COUNCILMAN STROUGH-Do they have to be? MR. HUTCHINS-Well that is a decision that we could consider. COUNCILMAN STROUGH-We meet again June 4th. In my opinion, I am going to offer this to the board if you can go back if there is any immediacy to getting this done I understand you need a system, but I think we can go with a better that offers and affords a little bit more security to the neighbor. I think I would like to have the neighbors well inspected if it is incased to make sure that casing is not broken before I give my stamp of approval on this is that possible? I mean if you are in a hurry I think we can deal with this again on June 41n MR. HUTCHINS-As far as a more efficient system do you have a specific system in mind? COUNCILMAN STROUGH-A Peat System something that would require a little pretreatment and possibly even less this is the biggest infiltration field that you can do because it is the traditional one. There are a variety of other systems that don't require this size of infiltration bed because there is pretreatment to it or they have modules that have a more efficient treatment. You can make this bed shorter take it another ten feet maybe twenty feet. MR. HUTCHINS-I doubt that. COUNCILMAN STROUGH-Maybe another ten feet away from the neighbors well like I said, I'd like to have that well looked at because it is down gradient from here it is the worst case scenario that's my thoughts on that. SUPERVISOR STEC-It is a small lot and that is what concerns me. I mean before we are done with whatever we are going to do tonight as part of the public hearing if he is willing to I am curious to hear Mr. Boecher's thoughts. What jumped off the page to me in a positive way was their willingness to sign off on this, but as John pointed out fifty feet and it is down gradient not up gradient. I think that some of John's suggestions here are reasonable it is a little more inconvenience certainly the time is going to equate to a little more cost for the applicant fifty feet is half a hundred. Depending on your comfort level with the suggestions I don't think that what John suggested is unreasonable, but I would also appreciated hearing from Dean his thoughts on his comfort level. I know him I know he is a good guy he is easy to say yes, but would he feel more comfortable if some of John's suggestions were implemented. COUNCILMAN MONTESI-I just have a question that is probably unrelated. I am sympathetic to the fact that if you didn't restore the house or didn't do any restoration of the house there would be a system here that is working presently that we wouldn't even inspect we are going through this exercise now. There is a retaining wall here I understand this whole septic system is probably up four feet from the road level is that where you park your cars Mr. Napoli near the retaining wall? MR. NAPOLI-In the front. SUPERVISOR STEC-Along the road? MR. NAPOLI-The wall in front of the white house. COUNCILMAN MONTESI-You can get two cars in there. MR. NAPOLI-There is a tree there, but that is where the two cars for that white house would park. COUNCILMAN MONTESI-So you have a car your tenant will have a car. MR. NAPOLI-No the stone house has its own driveway. REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 256 COUNCILMAN MONTESI-On the other side. MR. NAPOLI-The stone house has its own driveway because there is a garage underneath and the driveway will accommodate two cars. COUNCILMAN MONTESI-Okay all right. With the retaining wall there you do have a little bit more of space where you could do with, but I am not sure John I understand what a pretreatment system would be I haven't seen too many of those. I have seen some that we have put in Lake George above ground when we can't get into the ground. COUNCILMAN STROUGH-Well the peat system and some of the modules systems are a more efficient way of treating your gray water they require less of a size of a field. What is being proposed here is the largest given six bedrooms field what I am suggesting is a more efficient system would require a field that maybe only two thirds of that size then we gain an extra ten feet from this well. The further away that we get from that well the more security we have that the wells integrity is going to be maintained. SUPERVISOR STEC-Tony anything to add? COUNCILMAN METIVIER-1 don't have anything to add we talked about this before. COUNCILMAN MONTESI-I visited the site they are going to be good looking houses when they are done. COUNCILMAN METIVIER-The fact is and you know my philosophy is anytime we update a system it is better than what is there. SUPERVISOR STEC-It will be better than what is there, but I think what John's point is before we spend the expense of putting the shovel in the ground if we can make it even better now is the time to do it if you are going to do it. If it was this or nothing I wouldn't deny you usage of your property over this, but I think there might be an opportunity to put in an even better system. COUNCILMAN METIVIER-Why did Dean go with the system verses a more advanced type peat type system? MR. HUTCHINS-A peat module system is going to take up some space in itself in that it has to be pumped so we will have an additional tank that is a pump tank to those peat filters. Then depending on how many bedrooms it is sized for generally you have one module per bedroom there are two residences here whether there is six bedrooms or five bedrooms or four bedrooms that in itself is going to take up a considerable amount of space. Does it provide nice pretreatment yeah it does, but it a much more complicated system I would have to look at it to orient it to see if it will fit. COUNCILMAN STROUGH-In addition to this I cannot tell you even if this system the traditional system is going to work because I don't have a soil test, perc test, I don't have the data I need to make that assessment. SUPERVISOR STEC-We need that. Any members of the public that would like to address the board Dean can we get your...please if you wouldn't mind I mean we are talking about your well we ought to solicit your input on it. DEAN BOECHER-First I want to say it was so nice to see all of you at the presentation yesterday for the Quakers and the Celebration for Queensbury 250TH so Happy Birthday Queensbury as well. I will address Bob's situation with the lake as well. There will probably be in the future more properties coming forward. I think if we can address them and try to get ideas to what the needs are and make it more standard it would be helpful for everybody. Bob is a good neighbor and we are looking for good neighbors on the lake. If we can that perhaps the other couple of weeks may be beneficial. I agree with Tony too,we have some lots that are very small that don't fit dimensions to well or requirements now so it is going to be important that we have some guidelines going forward. COUNCILMAN STROUGH-Well and when we consider something we consider the applicant the value and the benefit to the applicant we also have to look at the potential impacts on the neighbors like yourself. MR. BOECHER-Correct. COUNCILMAN STROUGH-And in this case there is a red flag here. It is a red flag not only because of your health that I am concerned with we are concerned with. MR. BOECHER-I am happy to hear that. REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 257 COUNCILMAN STROUGH-Also the resale value of your house. I have a letter from FHA that is saying that it can deny a loan for wells closer than seventy five feet to septic systems or drainage beds rather. So what we are deciding here could impact the resale ability of your property not only your health. MR. BOECHER-That is what I am trying to address not only for my property and Bob's property, but the other folks on the lake as well. I think we need to have some guidance and that is a piece of information I was not aware of I don't know if others were. COUNCILMAN MONESI-It is interesting Dean the last time that I served on the board going back ten, twelve,fourteen years we did a Map, Plan and Report to see if we could run a water line specifically the north side of Glen Lake we didn't look at Mannis Road we looked at the north side. It was approximately as I remember it was going to cost about a thousand dollars a year per residence. MR. BOECHER-When was that Ron? COUNCILMAN MONTESI-Maybe twelve,fourteen years ago. MR. BOECHER-This is dated 2002. COUNCILMAN MONTESI-We were looking at trying to run a line from Route 9 to Bay Road to make that loop. In any event it was pretty expensive what we got from the residents at the time is that they didn't want to do it, but down the line the Glen Lake Association might want to start looking at that as that would avoid some of the scenarios that we are going to end up with here. MR. BOECHER-1 would tend to agree. I think it is important we need to know more information and as you know I am relatively new in this position as well. What we hope to do going forward is evaluate this information try to get better ideas from you as well and perhaps people like our engineers and our neighbors to go forward with this. It is important to preserve the lake it is important to take care of the lake it is our real asset and that is important to selling our homes as well. We want to be good neighbors we want to help each other out as best we can so it is a very fragile balance. With some of the lots the way they are we may not meet the requirements as they are. Some people I would bet who have moved into those neighborhoods are probably not aware of some the concerns that we have now. COUNCILMAN MONTESI-As I recall it wasn't just simply coming down Glen Lake Road. If you are coming down with a main you are hitting all of the side roads Sullivan and etc., etc. It ended up being about twelve miles of pipe that was going to be laid. MR. BOECHER-Was it going down such as Ash and Birch and all the way through so it came from Route 9 to Bay Road. COUNCILMAN MONTESI-Yeah, if you just looked at that neighborhood you would say you've got to include all those streets it was pricy. SUPERVISOR STEC-That was fourteen years ago. COUNCILMAN MONTESI-What would it be today I don't know. If the Glen Lake Association,which I am sure you are a member of has an interest in looking at that again then the Town would do another Map, Plan and Report and come up with some numbers. MR. BOECHER-The cost is always a factor the health of the community to me is even more of a factor. I don't know that we in this environment could afford that as a Town to reevaluate that is certainly on the table to take a closer look at that. COUNCILMAN MONTESI-1 am appreciative of that. I would just say if Mr. Napoli can't put this one in for eight thousand and he might have to go for fifteen thousand gee that water thing didn't seem like such a bad idea. MR. BOECHER-There will be more people in that same scenario so I think it is worth evaluating again taking a closer look at it with that in mind. COUNCILMAN STROUGH-In any event we do have standards, but every situation that comes before us is unique. We look at them we find and determine what is the best thing for the applicant, what is the best thing for the community the neighbors. I mean you could make an argument for a holding tank, which would probably be very difficult with two residences on it a holding tank. Given that this is some distance from the lake and there is an altitude there is a height thing above the lake as well mitigates the situation. That's why I think Tom should sit down and draw up a little bit more efficient system and REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 258 make this a little bit better proposal for you and for the applicant. It might be a little bit more expensive, but I think in the long run it is a win win for everybody. MR. BOECHER-I think everybody is receptive to that. I think Tony is sensitive to what the needs are certainly whatever is being done will be an improvement to what we have at the houses now. So if we can go in the direction if we can nail it down that would be something going forward in the future. Thank you. SUPERVISOR STEC-Is there any other public comment on this public hearing? Mr. Napoli, Mr. Hutchins do you have anything more to add? MR. HUTCHINS-No. SUPERVISOR S TEC-I think the direction that we are going is we are going to ask you to come back with a revised proposal. COUNCILMAN MONTESI-Can you make June 4th. SUPERVISOR STEC-I would almost think that we would need to set a new public hearing on a new application. We are trying to work with you on the time line too, because we would need to set a public hearing on June 4th for June 18th that is four weeks from now. COUNCILMAN MONTESI-You are using the house you are using the present system that is not a factor you just won't be able to get a CO? SUPERVISOR STEC-Please come to the mic we will figure out what we are going to do here tonight. You are presently using the house right? MR. NAPOLI-Correct. The stone house three fifty two is being occupied by my son. Three fifty is the house that is being renovated. The conversation that I had with David Hatin and Craig Brown they gave me the building permit and they would give me a temporary CO until this was resolved. SUPERVISOR STEC-Okay then you are covered with the temporary CO. As John pointed out the soils data and then obviously if you can look at your design and see if you can incorporate in some of the suggestions that John specifically had. I still think that it would be cleanest from our process standpoint if we can get by early next week, a week from now, a week from tomorrow if a revised application that we could set a public hearing on the fourth for the eighteenth so we could be back here on the eighteenth for a public hearing. MR. HUTCHINS-I can't make a guarantee that I can meet that as soon as I can it depends on how it goes. SUPERVISOR STEC- I am just concerned about jerking you guys around and Mr. Napoli say, hey I got a big July 4th party planned not that we would say well then don't worry about the lake we are trying to get it work out. MR. NAPOLI-I would like to get it resolved, however, I understand the issues I live on the lake I am not looking to harm anyone so whatever we have to do especially the fact that Craig is willing to work with me as far as the temporary CO. SUPERVISOR STEC-Then you are covered then. MR. NAPOLI-If Tom can't get it in immediately if it's another X amount of weeks. SUPERVISOR STEC-All right then you are flexible on your end. MR. NAPOLI-I'm flexible,yes. SUPERVISOR STEC-Then Tom I would suggest going back when you get it in we will get it on our agenda as soon as we can. COUNCILMAN STROUGH-Let's make it clear we do want the soil test,the perc test, the depth to ground groundwater and so forth. A better design system that will remove the drainage bed a little bit further away from the neighbors well and I would like an assessment of the neighbors well. When was it put in is it incased is the incasing good I would like to know that information. SUPERVISOR STEC-Is that fair enough. I will close the public hearing we won't take any action on it then we will just wait until we get a new application from you we will set a new public hearing when we get it. REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 259 PUBLIC HEARING CLOSED NO ACTION TAKEN TO COME BACK WITH A NEW DESIGN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 9, 2012 INTRODUCED BY: MR.JOHN STROUGH WHO MOVED ITS ADOPTION SECONDED BY: MR. RONALD MONTESI RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 21St day of May, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT:Mr. Brewer 2.0 RESOLUTIONS RESOLUTION AUTHORIZING VEHICLE REPLACEMENTS - WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 157,2012 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including conditions that the Squad will not: 1. purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles,real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board,and/or 2. will not sell, give, or otherwise dispose of any vehicle, equipment, machine, or other apparatus acquired by or through the use of funds received from the Town without prior notification of the Town Board, and WHEREAS, the Squad has proposed a plan for vehicle replacements whereby the Squad proposes to: 1. Sell Ambulance 712 for $67,500 and use the $67,500 in sales proceeds to pay off the current debt on Ambulance 711; 2. Trade in Ambulance 710 for $15,000 and use such $15,000 towards the purchase of a 2010 E450 Ford Ambulance Road Rescue for the approximate purchase price REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 260 not to exceed $150,000, and financing the balance of $135,000 with Glens Falls National Bank and Trust Company, Inc., over six(6)years at 4.59%; and 3. Sell Medic Vehicle 810 to the highest bidder and use the estimated $3,000 - $5,000 in proceeds for lettering/striping/lighting costs of a new 2012 Chevrolet Tahoe Medic Vehicle to be purchased for a total sum not to exceed $35,000 (State contract price of$31,800, plus additional destination and dealer prep costs), with financing of such $35,000 with Glens Falls National Bank and Trust Company, Inc., over five (5) years at 4.39%; and WHEREAS, by implementing such plan, the Squad would incur total debt not to exceed $170,000 (approximately $95,000 more than the Squad's current debt), and totaling approximately $3,000 in monthly payments to be included in the Squad's current three (3) year budget/Agreement, with no additional contractual financial amounts being requested by this proposal, and WHEREAS, by implementing such plan, the Squad's inventory would consist of the following four (4)vehicles: 1. Current 2010 Ambulance 711; 2. New Ambulance 710; 3. Current 2005 Durango - Captain's Vehicle; and 4. New Medic Vehicle; resulting in a permanent reduction of the Squad's fleet, maintenance and repair bills, and WHEREAS, the Town Board feels that this proposed plan will provide sufficient and beneficial safety protection for the Town and therefore the Town Board wishes to authorize such vehicle replacements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the plan for vehicle replacements requested by the West Glens Falls Emergency Squad, Inc., specifically authorizing the Squad to: 1. Sell Ambulance 712 for $67,500 and use such $67,500 in sales proceeds to pay off the current debt on Ambulance 711; 2. Trade in Ambulance 710 for $15,000 and use such $15,000 towards the purchase of a 2010 E450 Ford Ambulance Road Rescue for the approximate purchase price not to exceed $150,000, and financing the balance of $135,000 with Glens Falls National Bank and Trust Company, Inc., over six(6)years at 4.59%; and 3. Sell Medic Vehicle 810 to the highest bidder and use the estimated $3,000 - $5,000 in proceeds for lettering/striping/lighting costs of a new 2012 Chevrolet Tahoe Medic Vehicle to be purchased for a total sum not to exceed $35,000 (State REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 261 contract price of$31,800, plus additional destination and dealer prep costs), with financing of such $35,000 with Glens Falls National Bank and Trust Company, Inc., over five (5) years at 4.39%; such total debt not to exceed $170,000 or approximately $3,000 in monthly payments to be included in the Squad's current three (3)year budget/Agreement, and BE IT FURTHER, RESOLVED, that the resulting Squad inventory will consist of four (4) vehicles as follows: 1. Current 2010 Ambulance 711; 2. New Ambulance 710; 3. Current 2005 Durango - Captain's Vehicle; and 4. New Medic Vehicle; resulting in a permanent reduction of the Squad's fleet, maintenance and repairs bills, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 21St day of May,2012 by the following vote: AYES : Mr. Strough,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION APPOINTING JENNIFER SWITZER TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 158,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law,and REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 262 WHEREAS, a vacancy exists on the Recreation Commission due to the resignation of former member Tim Conbov,and WHEREAS, the Town Board interviewed candidates and wishes to appoint Jennifer Switzer to the Recreation Commission, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer Switzer to the Town of Queensbury Recreation Commission to fill the unexpired term of Tim Conboy, such term to expire on December 31St,2015. Duly adopted this 21St day of May,2012,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING INCREASE OF FUNDS IN LAK411LAND PARK IMPROVEMENTS CAPITAL PROJECT FUND #142 FOR IMPROVEMENTS AT THE MEADOWBROOK PRESERVE RESOLUTION NO.: 159, 2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 163, 2011, the Queensbury Town Board authorized the reopening of Capital Project Fund #142 and authorized an increase of appropriations in such Fund #142 from $18,000 to $25,000 for expenditures related to improvements at the Meadowbrook Preserve, and WHEREAS, the Town Board wishes to increase the funds in such Fund #142 from $25,000 to $35,000 to provide for further improvements as follows: REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 263 1. Entrance Sign - $3,000 2. Trail Development - $1,000 3. Elevated Walkways in Wet Areas - $4,000 4. Trail/Preserve Amenities - $2,000 such funds to be from the Town's receipt of occupancy tax revenues from Warren County, as the additional improvements will benefit not only Town of Queensbury residents but also the general public, thereby serving as an economic boon to the Town of Queensbury and entire area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs an increase of appropriations in Fund #142 from $25,000 to $35,000 as well as in the appropriate revenue account in Fund #142, and establishing appropriations of$10,000 in Occupancy Tax Fund #50 in appropriation 050-9950-7030 Interfund Transfer, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2012 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 21St day of May, 2012 by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ADVERTISEMENTS FOR BIDS FOR: 1) PURCHASE OF UNDERDRAIN MATERIALS FOR FILTER #4 REBUILD; AND 2) PURCHASE AND DELIVERY OF APPROXIMATELY 1500 CUBIC FEET OF MEDIA FOR FILTER #4 AT TOWN WATER DEPARTMENT REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 264 RESOLUTION NO.: 160,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Department Civil Engineer has requested that the Town Board authorize two (2) advertisements for bids for the Town Water Department as follows: 1) the purchase of underdrain materials for the Filter 44 rebuild; and 2)the purchase and delivery of approximately 1, 00 cubic feet of media for Filter 44; as set forth in bid documents and specifications to be prepared and on file with the Civil Engineer and/or Town Purchasing Agent,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish two (2) advertisements for bids in the official newspaper for the Town of Queensbun� as follows: 1)the purchase of underdrain materials for the Filter 44 rebuild; and 2)the purchase and delivery of approximately 1, 00 cubic feet of media for Filter 44;and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 21St day of May,2012,by the following vote: AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM JOHN HAYES RESOLUTION NO.: 161,2012 INTRODUCED BY : Mr.John Strough REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 265 WHO MOVED ITS ADOPTION SECONDED BY : Mr.Ronald Montesi WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to John W.Haves—Plot No.: 29-F,Hudson No. 1 Section,and WHEREAS, by Memorandum dated May I Ith, 2012, the Cemetery Commission has recommended re-purchase of the lot and requests approval of the re-purchase from the Town Board, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of a lot in the Pine View Cemetery from John W. Hayes — Plot No.: 29-F, Hudson No. 1 Section, for the amount of$667,and BE IT FURTHER- RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to John W. Hayes and properly account for the sales in the Town's books and records. Duly adopted this 21St day of May,2012,by the following vote: AYES : Mr. Montesi,Mr. Strough,Mr. Stec,Mr. Metivier NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE YOUTH SPORTS BOOSTER CLUB RESOLUTION NO. 162,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 266 WHEREAS, the Town of Queensbury has received a request for funding from the Lake George Youth Sports Booster Club regarding financial support of its youth athletic programs,and WHEREAS, such programs are comprised of participants from the Towns of Lake George and Queensbun, which on average consist of approximately 40% of the participants residing in the Town of Queensbun'.and WHEREAS, the Town Board therefore wishes to enter into an Agreement with the Lake George Youth Sports Booster Club, such Agreement presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Lake George Youth Sports Booster Club with funding for the Agreement not exceeding the sum of$5,000,to be paid for from Community Service Contract Account No.: 001-8989-4414,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $5,000 from Contingency Account No.: 001-1990-4400 to Community Service Contract Account No.: 001-8989-4414,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 21St day of May,2012,by the following vote: AYES : Mr. Strough,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT:Mr. Brewer REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 267 RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 163,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2012 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 002-0000-52680 Insurance Claim 3,518.85 Increase Appropriation 002-8810-4110 Vehicle Repair 3,518.85 Increase Revenue 004-0000-53501 CHIPS 56,566 Increase Appropriation 004-5112-2899 CHIPS 56,566 Duly adopted this 21s`day of May, 2012, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF MAY 22", 2012 RESOLUTION NO.: 164,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 268 WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May 17th,2012 and a payment date of May 22 d,2012, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of May 17th,2012 and a payment date of May 22 d,totaling$73 ,494.79, and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21St day of May,2012,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: Mr. Brewer 3.0 PRIVILEGE OF THE FLOOR HELEN REINACH, 13 QUEEN DIANA LANE-Spoke to the board regarding the ongoing problem she has had with the drainage coming off the cul-de-sac on her road down into her yard. Has spoken with the Highway Department repeatedly they did come out in the fall was told they would get back to me in the spring; I have called them this spring nothing has happened. SUPERVISOR STEC-1 will call Mike Travis tomorrow and ask him to explain what is going on and what the plan is and I will make sure either he or I will get back to you. JOHN SALVADOR, NORTH QUEENSBURY-Asked board members to add Dunhams Bay Road to the list noting there is a plan that has been in place since last fall. I am assured that the Town Engineer is involved in this doing a Stormwater Management Plan. It has been surveyed the surveying stakes are out there but nothing else is happening. Presented board members with the filing in the National Register of Historic Places of The Owls Nest, Councilman Strough has assured me we will get an appropriate sign posted for this project. COUNCILMAN STROUGH-Yes, I will I have spoken with Dr. Van Dyke regarding this it has been included in the list. MR. SALVADOR-Spoke to the board regarding the permitting of a one hundred and twenty foot high cell tower on the Town's water district property west of West Mountain Road the people who have participated in the Planning Boards public hearing regarding this have not received any answers to their many questions. Spoke regarding the contract between the Town and Verizon referred to paragraph eight. Asked who administers the contract who has defined what permits are necessary? They haven't obtained area variances,which seems to be necessary for any project. COUNCILMAN STROUGH-This is water district property so its public property generally speaking government doesn't have to follow its own rules. MR. SALVADOR-You have to follow the rules you are not subject to the permitting process. REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 269 COUNCILMAN STROUGH-We are not subject to our own Zoning Code and Signage Code and other things. This is public property so there is going to be some leeway. I think the question is why it went before the ZBA, I am not sure I can ask Craig Brown for you. This is public property so I think this is going to be handled a little bit differently. MR. SALVADOR-Spoke regarding his concern with the erosion with the proposed cell tower. Spoke regarding the purchasing of this land back in 1963 noting the two resolutions were for the municipal purpose of water for a water tank. The resolutions talk about for purposes of a water district this is a valid municipal purpose that authorized you to acquire this land. SUPERVISOR STEC-1 assure that the Town is well within its rights to be pursuing the course that is currently being pursued. 4.0 CORRESPONDENCE DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for Community Development and Building and Codes for the Month of April on file in the Town Clerks Office. Read the following resignation letter into the record. Subject: Notice of Resignation Dear Mr. Stec: Please accept this correspondence as formal notification of my resignation from the position as alternate member of the Queensbury Zoning Board of Appeals with an effective date of June 15t, 2012. It has been a privilege to serve and I thank you and the members of the Town Board for the opportunity. Sincerely, John D. Koskinas 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER • Thanked Councilman Strough and Dr. Marilyn Van Dyke for a great ceremony for celebrating Queensbury's 250 years looking forward to the other events throughout the year. COUNCILMAN MONTESI • Spoke regarding the audits on the Fire Departments and Rescue Squads to the Supervisor's credit the last payment of the contracts do not get issued unless the audit is done. This year on all of the audits there was nothing of a major concern that I had the interesting thing is as we read the newspaper there are many communities that are having all kinds of problems with their Volunteer Fire Companies and EMS Squads because they cannot get the information we figured a way to get it, it's good and I am happy to report that fiscally and financially things seem to be coming together. COUNCILMAN STROUGH • Spoke regarding the ceremony that was held on May 20th, 2012 for The Town of Queensbury's 2501h Celebration. Thanked the many people that were involved in the event in making it such a great success noting the next celebration will be held on August 25th, 2012 at the Town Hall. • Mayor Jack Diamond and the Council have given permission for the Town to borrow the eagle. I have worked with Chuck Rice, Building and Grounds and Mike Travis, Highway Department they are going to arrange their equipment to carefully bring the eagle and put it in the wash room over in the garage. Then Dr. Marilyn Van Dyke is speaking with Glens Falls Historian,Wayne Wright they are going to find out the right way to clean it up so it doesn't damage the sandstone sculpture. Chuck Rice is going to develop a platform with metal rollers on it and put it in the Atrium area. It is a commemoration of those who came home and those who did not that came from our area. REGULAR TOWN BOARD MEETING 05-21-2012 MTG#11 270 • Spoke regarding the many people involved and dedications to be held at Queensbury Glens Falls Memorial Day Parade to be held on May 291h at 10:00 a.m. Remembrance Ceremony will be held following the parade. Remember this is to memorialize those who gave the ultimate sacrifice. SUPERVISOR STEC • Thanked Councilman Strough and Dr. Van Dyke and Joan Aldous and all the people involved in organizing and setting up for the outstanding event that was held yesterday. I thought it was classy it was very well attended it was appropriate for what we were trying to recognize the 250th Year Anniversary of the Town's founding. • SUNY Adirondack is celebrating their 501h Anniversary they just has their commencement last Thursday and last week SUNY Adirondack had their groundbreaking for the student housing we think that is going to be successful. Thanked Councilman Strough for all his efforts with planning the Memorial Day Parade. If it does rain the Remembrance Ceremony will be held in the Rec House behind the YMCA. • Spoke regarding the cemeteries noting they are all ready for the weekend the only one left to be mowed is West Glens Falls Cemetery, Mike Genier has said they would have it done early this week. Some of the Veteran Organizations and the kids will be out helping putting the flags in at the grave markers of all of the vets in the cemeteries. It looks like we are going to be ready for a great Memorial Day at our cemeteries and for the parade. I want to remind people it would be nice to attend that event and pay our respects to those that have given everything for their country. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 165, 2012 INTRODUCED BY: Mr. RONALD MONTESI WHO MOVED FOR ITS ADOPTION SECONDED BY: MR.ANTHONY METIVIER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21St day of May, 2012 by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec Noes: None Absent:Mr. Brewer Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury