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2014-09-22 - Mtg 35 REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 1 REGULAR TOWN BOARD MEETING MTG#35 September 22, 2014 RES# 327-341 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN OFFICIALS DEPUTY TOWN SUPERVISOR, RONALD MONTESI PRESS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH called meeting to order... 1.0 PUBLIC HEARINGS SUPERVISOR STROUGH- This is a public hearing concerning the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015. It's the same as it was for 2014, which is about $146 (a hundred and forty-six dollars) per unit that is, and that's an annual cost. It's the same as it was last year. So, the public hearing is open. Is there anybody out there in the public that would like to speak to this proposed resolution? Seeing none, I will close the public hearing. RESOLUTION ADOPTING GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 327, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 22"d 2014 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015, and REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 2 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 22"d day of September, 2014 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None SUPERVISOR STROUGH-Okay, again this public hearing concerns the adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2015, which is $145 (a hundred and forty-five dollars) per unit. Same as it was last year, so there's no change. I'll open the public hearing. Anybody from the public? Yes sir, come on forward please. BOB HUNTS-My name is Bob Huntz, I'm the President of the Lake Sunnyside Protective Association. I would just like to say that setting up the tax district, which we got a lot of help from the Town Board when Ron Montesi was there and now John leading the Town Board have been very helpful to us, we treated the lake this year with sonar in the spring and it has worked much better than it had before. SUPERVISOR STROUGH- That's what I heard. MR. HUNTS- ...It's working now. The lake was very nice this summer, the water was clear and clean. The milfoil has almost disappeared from view. We know because we had a diver in the Lake and he said some of the roots of the milfoil plants are still alive and that we anticipate that there will be some more growth next year coming up. Our plan is to treat with sonar this year and next year go to a harvesting system so that we don't have to use chemicals anymore. However, harvesting is very expensive; we have been trying to get some funding to help us with that from the County, which we did not get any. I know Glen Lake did but we did not get any funding there. So, we're still looking for a way to get some extra funds including our tax money in order to do the job next summer when that milfoil starts to grow again. We don't want Sunnyside milfoil flying to Glen Lake and Lake George in the future when it comes back and that's what does happen, that's how we got it in the first place. So, again I'd like to thank the Board and John for all the cooperation. And the gal that works in your office, Barbara Tierney, has been terrific in helping us and allowing us to get some mailings out about the treatment of the Lake and sonar, which the DEC has requirements for communicating with residents about it and we've met all their requirements, somewhat due to Barbara and the Assessor's Office help. Thank you very much. SUPERVISOR STROUGH- Thank you Bob for everything you do. I know how hard you work and your leadership in making this happen and Sunnyside has never looked better. MR. HUNTS-You're right. SUPERVISOR STROUGH-Yes, thank you. MR. HUNTS- Thank you. SUPERVISOR STROUGH- Anybody else from the public that would like to speak to this resolution, Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2015? Seeing none, I'll close the public hearing. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 3 RESOLUTION ADOPTING LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 328, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2015 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 22"d 2014 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2015, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 22"d day of September, 2014 by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None SUPERVISOR STROUGH- Okay, let me first before I open the public hearing, I have some brief introductions to speak to this. Dave Decker, who is sitting over there is going to show us a power point, it's going to explain the history of what brought us here today and the evolution of the initiative to date. What's being proposed, what the action provides for in terms of the benefits and the costs. I won't take away any of your thunder, Dave. I think, why don't we just go to you and let you...Dave Decker, he's the Director of the Lake George Watershed Coalition. PRESENTATION GIVEN BY DAVE DECKER, DIRECTOR OF THE LAKE GEORGE WATERSHED COALITION, WAS INAUDIBLE AT SOME POINTS AS MR. DECKER WAS NOT IN FRONT OF THE MICROPHONE DAVE DECKER- Good evening and thank you Mr. Supervisor and Town Board for allowing me to come here and speak to the Town residents as well as you. Again, this is a project that has been some time in the making, as Supervisor alluded to, and we do want to go through the project history. Before I do that, I want to take a little bit of time to give special recognition to some of the folks that REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 4 are here, who quite frankly have been the grass roots efforts here and has been the catalyst for a lot of what's going on. Certainly, for those of you that have been to the several public hearings we've been to you know that the ... has been ... by Barbara and Len Simms, we also have Kathy Bozony in the Crowd, Chris Navitsky, the Lake George Water Keeper. A lot of effort literally getting underneath the surface and seeing what's down there. It's part of what we're going to see tonight, but certainly special recognition to those folks for their hard work and effort that they put in. (power point presentation) As John said, we would like to go through a little bit of the history, we're going to take a quick couple of shots at the physical observations of what's being ...in the lake and we will get into a little bit into the details. For those of you that have been to some of the previous public hearings, I guess I would just stop for a minute, of those of you that are here, how many have been to one of our previous public information meetings? We have had two (2) of them this past summer, actually three (3) of them. Anybody who hasn't been to those? I'm trying to get a feel for what kind of detail...okay very good, thank you. As John mentioned we are going to run through these bullets, and again my purpose is not to go into great length of detail because the Map, Plan & Report that was referenced and was posted as part of the public hearing order that was adopted back on September 8th. It was posted on the website, notices have been sent out to residents...so we won't go into great detail but we do want to give you enough information, or you may pick up some information you may not have heard before. So, what has led us here? Over the past three(3) or four (4) years there has been significant amount of work done in and around the bay itself, as well as for the last thirty (30) years, thirty plus (30+) years, monitoring the water quality extensively throughout the lake, in the deep regions of the area of the lake. Of the last five (5)to seven(7) years a lot more work, a lot more effort has actually been going forth in testing and examining what's going on in some of the bays. Quite frankly, what happens in the deep water parts of the lake starts itself and manifests itself initially in the bays. We have seen, and we're going to take a look at some more slides. The blue-green algae has been detected as well as, you'll see on some of the slides the level of sodium and calcium have been increasing as well. Again, a couple of shots and credit goes to Kathy Bozony for taking these. Again, put on the suit, get underneath the water and go out there and see what's underneath the lake and see what the lake is reacting to. Those of us who stay on top of the lake don't really have an appreciation for what's going on chemically and biologically underneath the lake. It's important to have this kind of data. Again,just to show you this shot, these are all taken from within Dunham's Bay, this is not some lake ...this is Lake George, this is your bay. Now, to contrast that there are sections of Dunham's Bay that are totally healthy from the plant growth that's there and this flag demonstrates that. This is what a normal native plant life, the kind of things you should be looking for. Again, there's another shot of that in contrast, go back, see what you're seeing here, again, nutrients entering the bay is the difference of what happens in the space of a year or two (2), with the injection of nutrients. This is a photo that a lot of you who probably have been looking and attending meetings around the lake for the last ten (10) or fifteen (15) years are familiar with. This is a plot on the bottom is years, since 1980, all the way up through 2010 and on the left we show concentration in parts per million of two (2) things, chloride and sodium. You can see, don't get so bound up in the actual numbers, but there are trends here. That's the disturbing part, there are trends. At this point, we have not seen anything that has caused that trend line to bend down. So as it continues to elevate to the right, that's problematic to the lake over the long term. So we've got to take action, we have those who reside on the lake, who recreate on the lake and who visit here. We've got to start taking some positive action to try and bend these curves down. So a little bit about the septic systems in an evolution of how we got where we are. I call it system 101. All of the systems you have out there in the ground right now, whether there are those that have been designed properly verse those that may not have been; all depend on one thing, or a couple things to work properly. It's a biological process. Some of the waste matter is removed from the septic tank if you have one, and whatever's left over after the septic process goes out into the soil and it combines, forms a microbial growth, and it's the microbes that grow there in the soil that render the rest of the septic waste somewhat more palpable for the environment. This is not a treatment process, it's an important concept to recognize, that this is not like a treatment plant where we are removing everything and taking it out. We are in fact, returning whatever goes into the septic tank back to the groundwater, it is not a point of discharge, we are simply re-injecting it and returning it to the environment. So we don't want to get bound up, a lot of the time these things are called waste disposal systems, waste treatment systems. We really are not disposing of the waste; we're simply returning it to the environment where it came from. Again, as I mentioned, the micro- organisms that are in the system provide the bulk of the treatment. Two (2) things are at work here that detract from our ability to do that. If you envision a cup or a saucer, and Lake George is nothing more than a cup or a saucer, a lot of steep sides coming down into the bottom of the cup where the water lies. We've got steep slopes, by any definition we've got insufficient soils; some of our soils REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 5 are not even the proper types. But, we have insufficient soils and if you go out and dig a spade in your ground, it's not long before you get, (A) if you can get your spade in your grade three (3) or four (4) feet, your either going to be in ground water or to an impenetrable surface. That is not enough soil to properly design and install a septic system. Again, that's where we are, that's part of the Lake George jowls, and we have to deal with the hand we're dealt. Originally, when systems were put in, way back when the state of the art was let everything run downhill, so downhill from where you're residents or your camp or your house was tended to be closer to the lake. That's problematic in and of itself. Most of the systems that we've seen not only in Dunham's Bay but around the lake have been built too close to the shorelines, to get proper treatment and separation distance. Traditionally, a lot of the residences were built as summer only camps. Well, now the evolution of the way we live, we want to spend more time here, families have gotten bigger; we use more water devices, so the original design of these systems is not supported by what we're actually putting into them right now. Again, in the same note, they were originally designed for seasonal operation and getting a lot of ...full-time. So the philosophy has always been out of sight, out of mind, it must be working. If there is not black stuff forming on the ground my septic system is working, I don't have to worry about it. We'll go back to the first couple three(3) slides and you not only see you are increasing levels of sodium chloride in the lake but we're seeing chemical blooms repeatedly in all of the shallow bays around the lake. The lake is telling us what we're not doing. You don't have to be a scientist to examine and shout out loudly as to what's happening to the lake, the lake is telling us. Now, the proposed action aside from the legalese that's there in New York Town Law that provides for the establishment of a district, the two previous public hearings were relative to districts that were formed by the Town dealing with milfoil challenges. This is a similar structure here, wherein the district, if its formed will take on the administration; I'll let you read it there, essentially put structure to the operation and maintenance and long term longevity to the septic systems that are out there. So what will the proposed action do? There will be an initial inventory of the systems that are out there, taking stock of where they are, taking stock of what they are, and hopefully taking stock of when they were last pumped. Again, I want to go back to look at the history as well. We mentioned that this has been ongoing for some period of time. There was a survey that was conducted of the properties looking at any existing records, whether they be at the County, the Town or the Park Commission, and the surveys came back and said that roughly twenty percent (20%) of the systems that were observed in and around Dunham's Bay were designed properly and they meet "today's standards", those standards being defined as part 75A of the New York State Public Health Code. There are another fourteen percent (14%) or they call it fifteen percent (15%) that we so called marginally acceptable met some of the ...aspects. The frightening number is there were sixty-five percent (65%) of the systems that were observed for which there were no records. We have no idea what is underneath the ground and so can't, ...if they are technically sufficient as for 75A, but I suspect that they're sixty-five percent (65%) of the systems that are undocumented, we probably don't even know when they were last pumped out. Those are the kind of unknowns we're trying to, and this district will correct. So again, by the virtue of the annual inventory of the systems it will provide for early detection of systems that may ...fail. It will also provide you the basis, because you are going to have someone with technical confidence out there conducting the inventory of the site, so while they are doing that not only are they looking for the site that's there, the pieces or parcels of the system there, but also trying to make some evaluations. All right if there is a system here that is substandard, what else can be done with this property? What is the depth to groundwater? What is the depth to soil? What soil can ...is it all rock ledge? What is the distance to the lake? So again, it will establish the basis for ...design system, if and when they come to pass. If we had a blank check and money was not a function, one of the solutions, or the prime solution would be to put sewer in the area. We don't have those ... to construct a sewage collection system in around Dunham's Bay given the rock ledge that's there, it would be prohibit ably expensive, not to mention the fact that once we have collected it, what are we going to do with it? . At this point, our only option would be to ship it down to Glens Falls, again, miles away. That kind of expense is just not something in the cards right now. Is it something that may be in the future? Possibly, but the lake is telling us that we don't have a lot of time to wait and postpone and go out ten (10), twenty (20) years looking for possible solutions that may or may not come. One of the important concepts of this proposed district is that the ownership of this district remains with the property owners and not the Town or the district itself is not going to own your septic system. It will provide you the structure and the mechanism and the assistance to maintain it more properly. Again, with the district in place, it will provide for a consistency of repair and one of the first things that the district will do is form a committee, if you will, an advisory committee and they will look at adopting a set of bylaws. We have already gone through one (1) pass at those. That is something that you, the district property owners will eventually decide upon. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 6 How do we want to operate this district administratively? How do we want to operate this district according to best manager practices? At the same time, the district could come out and ...bid cost for pump outs. So it's an essentially known fact that if we go out and contract for these things ... we should be able to get a substantially better price than those individuals going out ... (inaudible- not speaking into the microphone)If we do this, if we schedule this once every three(3)years, one-third of the systems would be pumped out annually. So based on that it can be contracted for and get a much better price. So once the action is taken and the district is formed, we talked about the fact that they will solicit members from you the property owners, you the residents to sit on an advisory committee. The Supervisor may want to speak to this as well, but the advisory committee will be an important link between you the operator of your system and the district and the Town, the Town Board. One thing you're going to do is you'll meet or consider once a year the kind of rate that we need to set. You provide a recommendation to the Town Board, as they just did tonight by public hearing; those rates were established by the property owners within those two (2) milfoil management districts. The recommendation was made to the Town Board, the Town Board accepted it. That was the subject of those public hearings. So you'll develop and recommend an annual budget. There will be an inventory of systems and again the initial pump outs to get the program up and running. So once you're up and running, its sustainability and what we project in the future, the map, plan and report talks about an annual, the ability to tap into a technical resource, technical system to the old, that's part of what we built into the budget, so that will be there. It will provide for the update and annual systems inventory and...fall pump out or fall contact pump out service. As specified in the map, plan and report, we went through various calculation and assumption and the first year of operation for a property with a dwelling on it will be sixty-nine ($69) dollars and change. Thereafter, the second year we projected a hundred and nine dollars ($109), and it would go up. We use a three percent (3%) increase each year, whether or not it goes up three percent (3%)that will be set by you, or recommended by you the advisory committee. For those without a dwelling on them, and there are eleven (11), sorry there are ten (10) of those properties, they would be charged thirty dollars ($30) per year, until such time if and when a dwelling ever shows up on that property. So, that's a summary of what the map, plan and report projects. It's based on existing rates and a pretty conservative assumption as to what the costs will be. You have employed and you have been the beneficiary of several grants, EPF grants that are woven into these ... prices, ... but projected prices, so those are there. Whether or not they are available beyond year ten (10), which is as far as we projected out we don't know...we don't even know the grant program will be available at that point in time. We projected out as far as we can see using a ten(10) year projection... The district itself is shown here on the map. Again, you can see it includes all properties surrounding, if you will, Dunham's Bay. There's a color differential between those properties ... In the back of the map, plan and report there is a listing of each property, assigned a number so if you're unsure whether your property is in or out, we have copies of that over here and we have the listing of the properties that have been designated to be in the proposed district and those that are not, as well as those that contain dwellings on them and those that do not. So Supervisor, that's my presentation, I'd be happy to take questions if there are some. SUPERVISOR STROUGH- Thank you Dave for the presentation, it was an excellent overview. Like you said, we've gone through the map, plan and report, we've gone through the budget, we've got you started on your bylaws and if you wish to go this route and you speak to that than the bylaws are yours. We gave you something to start with. We have gotten some letters of support and I will open the public hearing and I'll begin the public hearing by reading some of these letters of support. Supervisor Strough read each of the following letters into the record and they were submitted to the Clerk to be filed in the Town Clerk's Office: Letter from Cheryl Baldwin: Dear Supervisor Strough: As President of the Dunham's Bay Association, I would like to express my support for Resolution No. 324,2014 which creates the "North Queensbury Wastewater Disposal District No. 1" to serve the Dunham's Bay Area. Our organization has been concerned with the documented algal blooms in our bay since 2011 and what those blooms mean to the quality of REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 7 our water. We appreciate the support we have had throughout this whole process from you, Deputy Supervisor Montesi, Councilman Metivier, and Councilman Clements. As a family who has done the responsible thing by upgrading our own septic system, I urge the Town Board to pass Resolution No. 324,2014. Thank you for your help with this matter. Sincerely, Cheryl Baldwin, President Dunham's Bay Association Lake George Address: 24 Joshua Rock Road Lake George, NY Mailing Address: 7728 Dryer Road Victor, NY 14564 Letter from Carol Collins & Elizabeth Adamson: Town Supervisor Town of Queensbury 742 Bay Rd. Queensbury, NY 17 September 2014 Dear Mr. Strough, The Assembly Point Water Quality Coalition fully supports the initiative of the Dunham's Bay Association and the Town of Queensbury to create a waste water improvement district to remedy the deterioration in the water quality of Dunham's Bay. As we understand it, such a district will increase the performance and efficiency of individual waste water systems. Given the fact that the Town of Queensbury's septic system records are incomplete, we encourage the development of a management program to maintain up-to-date records. However, we have a number of questions about the implementation of the waste water district should it come to Assembly Point. Yours Sincerely, Dr. Carol Collins, Co-Director Elizabeth Adamson, Co-Director *Attached to this letter (on file in the Town Clerk's Office) was the Assembly Point Water Quality Coalition Newsletter- Spring/Summer 2014. Letter from Eleanor Strack: I wish to vote to support the creation of a water district for Dunham's Bay on Lake George. I have been residing there since 1972 and have seen a decline in the water clarity and purity. I will not be able to attend the meeting but wish to register my approval. Thank you. Eleanor Strack 2964 Rt. 9L Lake George Letter from Jim Mastin: My name is James Mastin. I am a co-owner with my brothers Tim and Tom of property on Dunham's Bay at 2948 State Route 9L. Unfortunately I will not be able to attend the meeting on September 22 but I wanted to be sure my input is heard on this topic. Based on recent studies REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 8 and news about Lake George it is obvious that the environmental aspects of the lake are under attack from a number of different sources. Invasive species, over development, substandard septic systems, etc. I am glad to see there are steps being taken to reduce the impact of these forces on the lake. Once the quality of the lake is allowed to decline it is not a simple matter to fix it so we must continue to do all we can to preserve the outstanding quality of the lake. I know that many people used to drink the lake water. I am not sure what the percentage is now but I do know of cases where people have gotten sick and have suspected lake water as being the source of their sickness. I am in full agreement with the development of a wastewater disposal district for Dunhams Bay. Some degree of oversight is needed to insure that all systems meet a minimum standard so we not only maintain but improve the quality of the lake. Sincerely, James Mastin Letter from Marie Louise& Richard Lempert: Dear Supervisor Strough: We are registering our support for Resolution No. 324,2014 which creates the "North Queensbury Wastewater Disposal District No. 1 to serve the Dunham's Bay area. Thank you for your efforts on our behalf. Sincerely, Marie Louise and Richard Lempert for Chapuis Associates, No. 30 Burnt Ridge Road Lake George, NY 12845. Letter from Len & Barb Simms: Dear Supervisor Strough: We urge you and the Town Board to create Waste Water Disposal District No. 1 for the Dunham's Bay Area as outlined in Resolution No. 324, 2014. As you know, water sampling done in Dunham's Bay on Lake George since 2008 by the FUND for Lake George and the Lake George Waterkeeper program has indicated the presence of organic pollution with one of the highest Palmer ratings seen in Lake George. Again, the 2014 sampling identified forms of algae that have only been seen following the septic spill in Lake George Village's Shepard Park. This summer's water sampling resulted in the following caution from the Waterkeeper: "All sites contained forms of cyanobacteria; species that have the capability of causing toxic conditions under the right environmental conditions." Last year the Dunham's Bay Association's Water Quality Committee completed a review of County, Town and Lake George Park Commission septic system records for over 60 shorefront properties around Dunhams Bay and found: 21% Adequately designed and documented septic systems 14% Inadequately/marginally documented septic systems 65% Undocumented septic systems The records suggest the majority of these systems are 60 to 90 years old, of antiquated design and frequently located too close to the lake in thin unsuitable soil conditions over bedrock. Underwater photographic documentation of the entire Dunham's Bay shoreline collected over the past three summers by the Water Quality Committee show dramatic algal blooms in front of over half of the lakefront homes. Similar blooms are conspicuously absent along the shoreline of the undeveloped Joshua Rock forest tract. Unfortunately, although less dramatic, excessive algae growth is present throughout the entire bay. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 9 In light of this information, the Committee circulated a petition that was supported by a majority of Dunham's Bay property owners, asking the Queensbury Town Board to explore the options available for creating a waste water management district around Dunham's Bay. We thank you, the Town Board and the Watershed Coalition for reacting positively to our request and completing the significant work necessary to bring us to this point. Confident that the Committee has done all it can to inform lakefront property owners about the need for this initiative and that further delay will be counterproductive, we ask the Town Board to authorize the creation of Waste Water Disposal District No. 1 for Dunham's Bay. Sincerely, Lenton and Barbara Simms 8 Burnt Ridge Road Lake George NY, 12845 Letter from Marian Wait Walsh: September 22, 2014 Town Board Town of Queensbury 742 Bay Road Queensbury, NY 12804 RE: North Queensbury Wastewater Disposal District No. 1 to Serve the Dunham's Bay Area To Whom It May Concern: I am writing as a Shareholder, Board Member and Vice President of Daisy Spring, Inc. (24 Highview Road). I am very much in favor of the above proposal. I spent all or a good portion of every summer to age 22 at our place on Dunham's Bay. The water used to be crystal clear all summer and we never had green algae build up anywhere. Now it is on our buoy, on the underwater portions of our crib dock, the ladders (we now have a metal ladder that we pull up after the last swim to keep it algae free), the shoreline rocks, and the hulls of all boats. Fifteen or more years ago, we installed an Eljen system and would encourage others to do the same. Thank you. Very truly yours, WALSH&WALSH LLP Marian Wait Walsh Letter from Cathie & Dale Campbell: Dear Supervisor Strough- We are writing to express our support for Resolution No. 324,2014, creating a wastewater district for North Queensbury and Dunham's Bay. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 10 The reports of the condition of the water in our bay are appalling. Improving septic systems around the bay is a going to be a challenge, but it's clearly in everyone's interest that we solve this problem. And it's something we should do noiv. Thank you for your leadership and tireless work on this issue! Thanks also to Deputy Supervisor Montesi, Councilman Clements, Councilman Metivier, Town Attorney Hafner, David Decker, Chris Navitsky and Kathy Bozony. We urge you to pass Resolution No. 324,2014. Sincerely, Cathie & Dale Campbell 27 Sign Post Road 52 Fremont Road Sleepy Hollow, NY 10591 (mailing address) Cathie Campbell cathie ciclearagenda.com 914 631-6403 917 270-0789 Letter from and Dick& Anne Lennox: Unfortunately, we have moved home from the lake and are unable to attend the Town Board meeting Monday, September 22, 2014. We want you to know of our support for the creation of a waste water management district around Dunham's Bay. Dick and Anne Lennox (21 Sign Post Rd.) Letter from Ron Miller, Patricia Burke, Pete Collins, Tricia Lambert Freer, Bill Mason, Rosemary Pusateri & Steve Seaboyer: Mr. John Strough, Supervisor, and Queensbury Town Board Members Dear John Strough and Board Members, Our Lake Stewardship Group of Cleverdale and Rockhurst wholeheartedly supports the Dunhams Bay group in their efforts to form a North Queensbury wastewater management district. Our focus for Cleverdale and Rockhurst includes better management for wastewater, especially for Rockhurst house lots which are too small to accommodate traditional septic systems and for any properties with antiquated or possibly failed systems. Our goal for Rockhurst and Cleverdale is to address both wastewater and storm water as potential contributors to Lake contamination, to protect Lake George from nutrient loading. As you know, the ecological future of Lake George relies on initiatives such as this proposed wastewater management district. It will take cooperation, investment and selflessness from all parties (government, property owners and business)to assure that the Lake remains the Queen that it is. Please give Dunham's Bay WQAC the backing they require to advance their goals, and at the same time help us move forward for more lake-friendly wastewater management for Rockhurst in particular. Thank you for the opportunity to comment on this very important subject. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 11 Sincerely, Ron Miller, chair Patricia Burke, Pete Collins, Tricia Lambert Freer, Bill Mason, Rosemary Pusateri and Steve Seaboyer Steering Committee of the Lake Stewardship Group of Cleverdale and Rockhurst SUPERVISOR STROUGH- I do have one more and it's from Chris Navitsky, but I believe, Chris, you're going to address that? Okay, so those are the letters that I've received and I thought I'd share those letters up front. Now, I'll open the public Hearing to any member of the public that wishes to speak to this proposal. Yes, Chris. CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER- Thank you, good evening, Chris Navitsky, Lake George Waterkeeper. First, I'd like to thank the Board for this opportunity to comment on this important issue. I believe it could be a historic mark in the preservation of Lake George. The management of onsite wastewater treatment to reduce the potential negative impacts to Lake George has been a priority for decades, dating back to septic surveys performed in the 1970s. Despite this recognition, there has been nothing accomplished until very recently. With the septic initiative in the Town of Lake George and the consideration by the Town of Queensbury to form a management district, this issue is finally being addressed. The Lake George Waterkeeper appreciates and supports the leadership of the Town of Queensbury on this very important issue that will protect public health, property values and the water quality of Lake George. Three points I'd like to raise. First, the establishment of a wastewater district will be a benefit to homeowners by creating a wastewater management district; property owners in the district will receive information regarding the proper treatment and maintenance of onsite wastewater treatment systems. Homeowners will also receive guidance on alternatives for the replacement or upgrade of failing systems. Additionally by being part of a district, this will increase the potential of funding of any improvements that may be required. Two, wastewater management districts are proven to be successful at protecting water quality and protecting property values. Watersheds in New York State such as Keuka Lake, Otsego Lake, AuSable Forks and Chautauqua Lake have successfully implemented wastewater treatment districts. So this is nothing new, this has been a proven management technique. Through these districts, water quality has improved and lake associations attribute this in part to the formation of wastewater management districts. Three, monitoring in Dunham's Bay has indicated concern regarding water quality. The Lake George Waterkeeper, with local residents, have observed concerns regarding increased algae growth, which is associated with increased nutrient loading primarily phosphorus. Land use and development is closely linked to increases in phosphorus loading from runoff and septic systems. Since 2008, the Waterkeeper has collected and analyzed algae samples from Dunham's Bay with the following results: • Each year, high levels of organic pollution have been observed based on the Palmer Pollution Index; • Palmer Pollution Index ratings from Dunham's Bay have been consistently the highest within the Lake George watershed; • All samples have indicated not just organic pollutions but excessive nutrients and, in some cases, the presence of chemical pollution; • Since 2012, all samples have had the same species of algae present that were found at the Shepard Park pump station failure in Lake George Village; and, • All samples collected since 2008 have had species of Cyanobacteria or blue-green algae, similar to those that have caused the Lake Erie Toxic Blooms. I am sure we can say that no one knowingly wants to have a septic system that will negatively impact water quality, and we recognize there are grandfather systems, home that are built too close to the lake. A major component of this program must be the education and that each homeowner is the operator of a sewer plant. There is nothing wrong with requiring all systems to be maintained in a proper working order and to meet regulations. In fact, some believe that this is one of the responsibilities of government. This program should be transparent, it should be consistent and it should be enforced consistently. There may be stories of extraordinary high costs for replacements, but in my professional opinion, this will not occur with an advisory board and the oversight of the Town and other interested parties. In closing, the Town of Queensbury REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 12 has been a leader regarding water quality protection measures and policy by setting the standard regarding fertilizer restrictions and land use requirements including floor/area ratios and shoreline buffers. Based on this information, we strongly urge the Town of Queensbury to proceed with the implementation of the North Queensbury Wastewater Management District No 1. If there are any questions I'll take them and again I thank you. SUPERVISOR STROUGH- Thank you Chris, and thank you for all you've done. Yes, sir. Please come forward. ED HOLOHAN- I have a place at Dunham's Bay. I have been coming to Lake George all my life, I'm in my sixties now. I, first of all, want to say to the government, thanks for your help. I live on the lake, I have a place on the lake, it's my responsibility if I'm polluting it, I'm going to do everything I possibly can to stop that. I've had this place for four (4)years. What have I done? I've already gotten estimates and talked to folks about what I should do to fix my system because the information I have suggests that my house and my system could be eighty-five (85) years old. I've gotten information, a bit overwhelming in many respects. Talks about dynamiting boulders and cutting down trees and taking down buildings, a little scary frankly, the cost is pretty high. What I've done in the meantime is, I hide it so you can't see it when you go by, I get a port-a-potty every summer and stick it behind my garage, and when the teenagers come up to visit me I stand outside the shower with a timer, and if you have to go to the bathroom in the daytime you better hike up the steps. But, I commend everybody for what they're doing. I love the lake, it's in my blood. I would ask, I understand I've been working with the government, and the Town, I've had a relationship with the Town for a lot of years, it takes time. I would like to know as quickly as possible what we can do immediately. I'm in the sixty-five percent (65%) group; I want to fix mine as soon as I can. I'd like to know what I can do immediately, I don't know when the last time it's been pumped, I don't know if it's able to be pumped. I think it is, but is now the time of the year that we should pump it? It's hardly used at all, and I'm serious about standing outside shower with a timer and telling people to take a hike up the hill if they have to go to the bathroom and use the port-a-potty. I would like to know what I could do immediately and then I would like all the information that we can get, what are our options, how could it be fixed, costs, and so on and so forth. There's nobody in the world that supports this more than me. I've been in Dunham's Bay for four (4)years, I get all the emails to come to the Association meetings. Unfortunately, because I own a business I don't get a chance to come up much, but I support everything their doing. I don't speak for anybody but myself tonight but I appreciate everything that's being done here and I personally will do everything I can to fix this, to participate in fixing it. Thank you. SUPERVISOR STROUGH- Thank you, Mr. Holohan. I appreciate you're candor. Yes sir, please come forward. DICK WALDRON- Thank you for the opportunity. I was the former owner of 2938 State Route 9L, which is about a third of the way up the east side. Twenty-five (25) years ago, in 1990 when the big pipe was conceived holding tanks were a viable alternative, nowhere are they mentioned in either the plan or the by-laws. For those of us who have terrible topography with no thought of becoming year-round residents, why when nothing will pollute less than a holding tank, why are they not mentioned? SUPERVISOR STROUGH- I did get your email and I thought it was very good. But it's been the intention of this Board not to micro-manage this program, to allow the Dunham's Bay Association themselves to manage their own program. Now, your comments I will pass on to them because they should be considered as they do set up the bylaws. I did not ignore you, I thought what you wrote was very poignant and I appreciate that. It is a matter that needs to be addressed. MR. WALDRON- Thank you. SUPERVISOR STROUGH- Yes. Yes, ma'am, Barb. The lights aren't on back there. BARBARA SIMMS, DUNHAM'S BAY ASSOCIATION- I wonder if I could use just a couple minutes of my time to have Dave address two (2) questions that have been brought up. First one, Dave would you explain a little bit about the funding and why an RME is necessary? When we REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 13 first started investigating this Len and I did attend several conferences about funding sources and Dave can explain. MR. DECKER- Principally, as a function of at least the State funding sources, not to say the private funding sources mean nothing, but employing State funding sources, State or Federal, the State has adopted the EPA model. In part 75A of the New York State Health Code it specifies and defines what an RME is. Each of the solicitations for funding we have thus far responded to over the last five (5) years...they generally have been put out by DEC or Department of State. They all specify in the guideline requirements... What we made use of specifically in the ...they specified that we could use the funds as a planning grant to form an RME, to form a district, whereas those funds that we envisioned for use of capital funding require an RME... So the two (2) or three (3) grants that we have that are outstanding... they both physically...capital fund, if you will, will be made available on a matching basis ... of those systems that need to be upgraded, consolidated, replaced...holding tanks...whatever the appropriate solution may be. MRS. SIMMS- So, the first step is adapting or creating this RME before we become eligible for any funding sources. I believe we have been told that too by non-profit. MR. DECKER- I'll let Chris speak to this but there are non for profits, The Fund for Lake George being one of them, that have indicated that have very highly, very positively ...formation of the district and they would be willing to step forward and make funding available on a match basis... MRS. SIMMS- The other question was, holding tank... MR. DECKER- The RME, responsible management entity... MRS. SIMMS- The other question that Mr. Waldron raised, the holding tanks are totally allowed and are part of this proposal? MR. DECKER- Yes, it's a very pertinent comment. The holding tanks, in Town law allows for holding tanks now, I believe you have to get a variance for a holding tank. But, the use of holding tanks would be something that would be incorporated in the bylaws, it isn't something you talk about or discuss in the map, plan and report itself. Quite frankly, where we are, those kind of systems may in fact be totally appropriate once the inspection, or once the inventory that we've talked about, a professional goes down and looks at the site and says, the only real solution here may in fact be a holding tank, the logical solution in fact may be a holding tank here. So that would be a part of the deliberations and certainly incorporated into the bylaws. MRS. SIMMS- Okay, thank you. I just thought those were a couple of questions that could be clarified. I am here to urge the passing of the resolution creating a wastewater district for North Queensbury, Dunham's Bay. As you learn from the timeline discussed by Dave Decker, we have not moved quickly or irresponsibility on this issue I don't believe. More than fifty percent (50%) of our membership learned that they had algae blooms in front of their property in 2012 and in 2013 sixty-seven percent (67%) of our membership signed a petition indicating their interest in learning more about a wastewater district. Three (3) public information meetings have been held with many emails and mailings keeping our membership up-to-date on this issue. We made sure our facts were compete, after a survey of available records we found that twenty-one percent (21%) of the septic systems around Dunham's Bay were adequately designed and documented, fourteen (14) were inadequately or marginally documented, and sixty-five percent (65%) of the septic systems were undocumented. The science is staggering. As Chris Navitsky reported, we have algae counts that reach levels similar to the septic spill in Lake George Village. We're not alone in dealing with this issue. Keuka Lake has had a septic monitoring system in place since 1995, Canandaigua Lake since 2000, and Otsego Lake since 2005. As we saw this evening, our own Glen Lake and Lake Sunnyside Associations have recognized the need to ban together and pool their resources to improve the quality of their water. Throughout this entire process, we have enjoyed the enthusiastic support of former Supervisor Montesi, current Supervisor Strough, Councilman Metivier, and Councilman Clements. We have had invaluable expertise from Engineers David Decker and Chris Navitsky, Town Attorney Robert Hafner, and Kathy Bozony. At one of our meetings, the question was asked, what is the alternative, what will happen if we don't do this? The sobering answer was that the lack of action now would mean the continued REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 14 degradation of the water quality in Dunham's Bay. Once you see the underwater photographs of Dunham's Bay, it's impossible to look at the lake in the same way. I urge you to pass the resolution before you tonight. We are willing and anxious to begin the next phase of this initiative and I don't believe the lake can wait. Thank you. SUPERVISOR STROUGH- Yes ma'am, please come forward. CYNTHIA DIDIO- You have to excuse me, I have a cold. I'm one of the few permanent residents on Dunham's Bay. I am very interested in the quality of the water. We don't drink the water, we have a well, but the quality is of worth to us. I do have a couple of questions. First of all, I do have one comment. We have never been spoken to about our septic system, so those sixty-five percent (65%)that are undocumented does not mean that their failing, so let's get that straight first. We've never had anyone come to us and ask us, nor has anyone asked us anything about do we oppose this or not. I've talked to neighbors around us and they said the exact same thing, they haven't heard anything about it either. We weren't ever notified of this before. A couple of questions I have are how are these inspections, who is going to be doing these inspections and how are they going to be done? Is excavation going to be involved in these? How are the initial inspections of our systems going to happen? Is it just testing the water by the lake, testing the land? How are these inspections of our septic systems going to be performed? SUPERVISOR STROUGH- I'm going to assume and Dave Decker can chip in too, that if this gets approved by this Board and proceeds forward, let's keep in mind, and we did have several mailings.... MRS. DIDIO-We never received one mailing and we're permanent residents there. SUPERVISOR STROUGH- In any event, we're sorry about that. The intent is to document what current system is there. I'm sure there are others of you that just hasn't documented but we wish to do that or this entity wishes to do that. Assess the systems when they do a pump out, they can tell the quality of the substance and they can look at the tank and see if it's working. A lot of that can be assessed at the time of the pump out without much intrusion. If they note that something that might be wrong I think you'd be notified. Now, the beauty of having this RME is that it avails itself to capture grant funds where otherwise you might not get any grant funding. So depending on the bylaws of the entity, and they have yet to solidify those, you could receive, let's say your system needed upgrading, you could receive financial assistance for doing it if it's what the Association wants to do. You could receive assistance for the pump out, reducing you're cost there. It's not to benefit everybody, it's not meant to harm anybody, it's meant to protect the quality of the lake. And your part of the Dunham's Bay Association though? MRS. DIDIO- Yes, yes. SUPERVISOR STROUGH- And you get mailings from them? MRS. DIDIO-Not often. Usually, we just get a mailing that's in the summer. SUPERVISOR STROUGH- But you receive those mailings? MRS. DIDIO- Yes, that one email we get per year. SUPERVISOR STROUGH—All right. MRS. DIDIO- So, if we can't make it then we don't get anything else. SUPERVISOR STROUGH- Okay. MRS. DIDIO- Okay, also I want to know about the annual inspections. What's the justifications for annual inspections, what's the rate of failure? SUPERVISOR STROUGH- I don't think the inspections necessarily would be annual. MRS. DIDIO- Oh, because that was my impression. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 15 SUPERVISOR STROUGH-Now what they're trying to do is a three (3) year cycle. Generally speaking, and this is generally speaking, you should have you're septic tank pumped out every three (3)years. Normally that cost, for me, you'll get a discount because you'll bid it as a group, I pay $220, that was the last time I had it pumped out and that was about two (2) years ago. So, it's nothing extraordinary and it's something we should be doing and a lot of people just don't know that. Anyhow, part of the reason and the existence of this entity is to educate everybody about what they should be doing about having safe and efficient septic systems. So, that's a good thing. Like I said, it's not annual; they want to assess your system at one point at time. They want to assure that it gets pumped out every three (3) years, but this is up to the Association and you're part of that Association so you can have them put into that. If they get grant money, how do you want to spend that grant money? That's going to be up to you. You have to spend it in a way that's going to assure the septic systems are not contributing to the pollution of the lake, and that's a good thing. MRS. DIDIO- Okay, all right, that answers my questions, thank you. SUPERVISOR STROUGH- And Joe must be working, he couldn't make it? MRS. DIDIO-No, he's golfing. No, he's probably having dinner right now. SUPERVISOR STROUGH- All right, because he could have come in here you know and helped you out Cindy. All right, thank you Cindy. Anybody else? Yes, John. JOHN SALVADOR- I'm the proprietor of the business activity going on in the southern end of the Bay. In the forty (40) years that we've been here we have noticed the steady decline of the quality of the water, particularly along the beach area that we maintain. I do want to thank the Town Board and the Coalition and of course the Lake George Waterkeeper for the extremely professional approach we are experiencing this evening to a very serious problem. To try to add any more to what's already been said would be something like the dog and pony show following the burlesque act. I'm sure with your approval of this resolution that we're going to make this work to the benefit of the bay. Thank you. SUPERVISOR STROUGH- And John, I want to thank you for everything that you've done to help bring this about too. MR. SALVADOR- Thank you. SUPERVISOR STROUGH- Yes sir, please come forward. SAL ERVOLINA- I have a residence at 11 Great Ledges Drive. SUPERVISOR STROUGH- Sal, I'm sorry, I didn't catch the last name. MR. ERVOLINA- Ervolina, E-r-v-o-l-i-n-a. SUPERVISOR STROUGH- Thank you Sal. MR. ERVOLINA- I want to start out, I want to thank the Board and especially you Supervisor and Deputy Supervisor for spending the time and I've been to numerous meetings and you've shown up and I appreciate the attention that Dunham's Bay has had over the last few months, and the energy that has been put into this. I am certainly in favor of improving the quality of the lake. I appreciate all the work that's being done. I do have a couple of comments, not complimentary as maybe some of the others. One is when we had out last meeting, we said we would have this hearing in August when most of the residents would be available, now it's after Labor Day and many of the people have moved away. I understand you've gotten some letters from some of those people, but it's always good to be in person. SUPERVISOR STROUGH- I know Sal, we made every effort we possibly could to get all our ducks in a row, the map, plan and report, everything, we couldn't do it. We couldn't do it, so we REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 16 set it for tonight and even today we're wrapping everything up. But we're here, and we're ready, we've got everything legally that we have to. I'm sorry for that Sal. MR. ERVOLINA- The other thing, I'm a little confused. I keep hearing bylaws, and we'll make the bylaws, but we have our resolution in front of us. SUPERVISOR STROUGH- The resolution doesn't include necessarily the bylaws. The bylaws were created to get things started for you. So that at least it's started, a draft form of the bylaws. Now what you're going to do is if this gets formed, you're going to form your Association, you're going to review those bylaws and you're going to hammer out a preliminary set of bylaws, which can be changed as time goes on. But, that's going to be up to you. MR. ERVOLINA- Yeah, but is this what we're passing? SUPERVISOR STROUGH- Yeah, yeah the bylaws... MR. ERVOLINA- Just as a... SUPERVISOR STROUGH- I'm assuming that bylaws you have in the hand are the ones that we went over at one time and talked about, yes. That's only meant to be a draft. MR. ERVOLINA- Okay but the resolution,just as a point of, Decker mentioned a price and it's pennies but it's different, so the consistency? SUPERVISOR STROUGH- We have to propose worst case scenario. So, what we did was we give you worst case scenario. That's without grants or anything else. We have identified grant funding that this is for that you will likely receive, which will lower those amounts. But, we can't offer you something that might be, we have to offer you worst case scenario and we did. It gets better from there, hopefully. I do know that there is grant funding for this. MR. ERVOLINA- Okay, good. Also in this resolution, and Mr. Decker mentioned it also, the charge for properties without any dwellings on it, vacant property. I have one of those, and I'm just wondering even though it's a minimal amount why would that be a charge on a vacant property without any septic tanks. SUPERVISOR STROUGH- Well, we felt as the water quality improves because of our efforts, even vacant lots, which may not always be vacant are receiving some value, so thirty dollars ($30). MR. ERVOLINA- Yeah, it's not a lot but... SUPERVISOR STROUGH- It won't even fill the gas tank. MR. ERVOLINA- Why is it in there? SUPERVISOR STROUGH- Because they are receiving some value, not as much as the people that have the residences but they are getting value out of it. They're getting, hopefully improved water quality that should increase their property value. MR. ERVOLINA- The other thing, Mr. Decker, with your slide, you keep mentioning sodium and chloride. I really don't see the connection to the septics and I would think something more appropriate would be the nutrient loadings and the changes over time. If you give a next presentation you should add some of that into it. SUPERVISOR STROUGH- Okay Sal, I think you're correct in there, it's probably the salt on the roads. MR. ERVOLINA- Right, that was my next question, what is the Town doing for that? REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 17 SUPERVISOR STROUGH- I don't mean to speak for Dave but I think he was just trying to show the water quality and some of the parameters that we've looked at shows that it is declining. MR. ERVOLINA- Okay. SUPERVISOR STROUGH- And we are working on the road salt issue. As a matter of fact, this Board, I've addressed eighteen (18)things, eighteen (18) actions, eighteen (18) different things that we're doing right now to try to improve the water quality of Lake George. I'm not going to go through all of them, I can with you afterwards Sal, if you want me to. MR. ERVOLINA- Okay. SUPERVISOR STROUGH- But this isn't the only thing, like I said eighteen (18) other efforts are going on simultaneously right now by this Board and to control the salt on the roads is one of them. So, that will get to that. We are going to do everything that we can. That lake is a beautiful lake and we want to keep it that way. MR. ERVOLINA- And just for my last comment,just for clarification, I know what it means but, on page four (4), and you go through number two (2)... SUPERVISOR STROUGH- Is that in the map, plan and report? MR. ERVOLINA-No, the resolution. SUPERVISOR STROUGH- Oh, the resolution, okay. MR. ERVOLINA- Paragraph two (2) number G, requirement of inspection and certification as a condition of realty transfer. Basically, I think what it's trying to say is that when you try to sell your property it better be in good shape, the inspection, but I think that should be told. SUPERVISOR STROUGH- I'm still not... TOWN COUNSEL, ROBERT HAFNER- I think he's talking about the public hearing order. SUPERVISOR STROUGH- Oh, the public hearing order. TOWN COUNSEL, HAFNER- It's not in our resolution. MR. ERVOLINA- Its right on the resolution. TOWN COUNSEL, HAFNER- The one that was passed two (2)weeks ago. It's in the public hearing order. That was something that was out of... MR. ERVOLINA- Yeah, I guess that was my confusion, this is the... TOWN COUNSEL, HAFNER- Yes, it's in the public hearing order that was passed two (2) weeks ago out of the map, plan and report that Mr. Decker prepared and the Town Board approved. There were a list of things that this district could add towards doing. MR. ERVOLINA- Could, could... TOWN COUNSEL, HAFNER- And one of the things that was included in that list was a possibility of an inspection certification system. That was in the map, plan and report that Mr. Decker prepared. SUPERVISOR STROUGH- Okay. TOWN COUNSEL, HAFNER- and the Town Board Approved. It doesn't happen by this but it is one of the things that the Town Board could move forward with. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 18 SUPERVISOR STROUGH- Yeah, okay. TOWN COUNSEL, HAFNER- It could whether or not you do the district. SUPERVISOR STROUGH- Yeah, all right, we could do I guess. MR. ERVOLINA- I guess that's my big confusion here, as a resolution we're passing this and it says specific things and we keep mentioning bylaws and potential changes, but if the resolution is passed will all this be required? I guess that's my main question, or is there opportunity to change some of that? COUNCILMAN VANNESS- Well, we discussed that. Once this is passed, once this RME comes into effect they go and design and rebuild your bylaws to the way you people want them. I think that goes right back to the micro-managing. We're not here to micro-manage, we're here to give you the opportunity to build that RME, and build your own bylaws, this was just to get it started. Am I correct on that Dave? MR. DECKER- Yes, can I address the Board? SUPERVISOR STROUGH- Yes, please do. MR. DECKER- A couple of questions. The map, plan and report, in fact, is the only reason for that document is to establish the district. It illiterates, or it talks to in the various acts that may take place, or will take place; one of which is in the bylaws if when their passed they may require it, but it's not a requirement in the map, plan and report. The resolution you're looking at establishing the public hearing is not the resolution ...tonight, it's simply adopting the map, plan and report, it's not passing the bylaws. SUPERVISOR STROUGH- Sal, it's not in here. MR. DECKER- The bylaws, yeah, the bylaws is something that once your advisory committee has established we'll review the bylaws that were drafted...about the second public hearing we had, or second public information meeting we had, several questions, how is this going to operate, how is the district going to operate? So we respond to that ...they are draft bylaws...and talk about many things. One of the things was, establishing an advisory committee, and the advisory committee once established would make a recommendation. So, if an inspection of a system upon realty transfer is something that the advisory committee recommends to the Board and they adopt it then and only then will it happen. It is not something that is a requirement once the district is formed here tonight. It is not a requirement. SUPERVISOR STROUGH- I think Sal, I understand the confusion since we listed everything that it could be and it was in the bylaws part, which is not up to us, it's up to you, that some people understood that to be that's the way it will be. So, I'm sorry for that. MR. ERVOLINA- That was my initial question. SUPERVISOR STROUGH- It's a legitimate one. MR. DECKER- He raised a couple different questions in which I can respond to. SUPERVISOR STROUGH- Yes. MR. DECKER- The chart we looked at with sodium chloride, sodium chloride I've chosen but frankly they don't dissipate as rapidly as do phosphates and nitrates. What we're seeing is the lake has gotten such assimilated capacity; it's got such capacity to digest what we're throwing at it, quite frankly, that we're not seeing high levels of phosphates and nitrates out into the lake. We are seeing them in the bays, and how are we seeing them? It manifests in the algae...at the point in time when those things become terribly intrusion or reach high levels, we're going to be significantly past the point where we can make a difference cleaning up the lake. Those are indicators, they are in fact indicators, markers if you will, that indicate something going on in the lake, but the real story is being told in the bays and by what these folks are doing sitting REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 19 underneath the surface water. I do want to correct one (1)thing the Supervisor said because I don't want it to come back and bite ya. SUPERVISOR STROUGH- Yeah, please do. MR. DECKER- There will be an initial inspection of all the systems. An initial inspection is more initial inventory, if you will, will in fact look to trace what lines are coming out from the house, locate a septic tank if there's one there, locate a distribution box. And to do that, yes, they are going to take a pick and shovel out to find out what's there, can't do that with a divining rod or anything else. SUPERVISOR STROUGH- Now that doesn't mean you're going to be digging up their lawn. MR. DECKER- I'm not bringing a back hoe with me to start digging up their lawn. SUPERVISOR STROUGH- Okay. MR. DECKER- As to whose going to do it, myself or one of my associates, a special engineer on site doing that. Number two (2), there will in fact be, a map, plan and report does call for an annual inspection. The annual inspector is there to go on site once a year to in fact determine whether or not the system is showing any signs of failure. It is not the same inspection that you do initially to locate and document where the system is but, there is an annual inspection. I am here for the annual inspection to come out and make sure to take a walk, am I seeing any black flies, am I sensing an odor, am I seeing black ooze coming out of the ground. You really don't want to wait three (3) years to do that. Again, that's part of what is the requirement and responsibility providing the structure. SUPERVISOR STROUGH- Okay. MR. DECKER- And trying to early detect failing systems. SUPERVISOR STROUGH- Okay, thank you Dave. MR. ERVOLINA- Okay, that answered most of my questions. I'm still a little fuzzy with the resolution. SUPERVISOR STROUGH- Well thank you very much Sal. MR. ERVOLIANA- All right, thank you. SUPERVISOR STROUGH- Yeah, any other member of the public wish to speak to this proposal? Yes ma'am. KATE MCCARTHY- I'm a Dunham's Bay resident. I've been a resident since I was ten (10) years old. My husband and I just bought our property from other family members so we can be grandparents and have our kids swim there. So, coming from a place that we want the Dunham's Bay water to be, beautiful forever, that's where we're coming from. What I feel like is that, like you were talking about, this is the eleventh (1 Ith) hour, you're getting stuff together. I don't feel like things are very clear. I feel like the Dunham's Bay Association, they had a petition put out and that was for I think they said sixty-seven percent (67%) of people sign that. That was sixty (60) property members, I think we're talking about seventy-five (75) in this district. SUPERVISOR STROUGH- Seventy-one (71). MRS. MCCARTHY- Okay, so that changed. Last meeting it was seventy-five (75) now we're at seventy-one (71). SUPERVISOR STROUGH- Well, seventy-two (72) it was. MRS. MCCARTHY- Okay, seventy-two (72). So things are changing every day. Budget changed, the numbers are changing, nothing is firm. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 20 SUPERVISOR STROUGH- Yeah but this has been available, we've been discussing this for what six (6) months? MRS. MCCARTHY- We've been discussing it, but the number keeps changing. SUPERVISOR STROUGH- Well, it changed from seventy-two (72)to seventy-one (71), yeah. MRS. MCCARTHY- Seventy-five (75), it was seventy-five (75). SUPERVISOR STROUGH- Well, we said it might be up to seventy-five (75). In fact, it was seventy-two (72), and it might have been a misunderstanding at seventy-five (75). At the first cursory look at things I think there was a misunderstanding. We nailed it down at seventy-two (72), that's the actual number. One party up on the mountain decided not to be a part of this so it's down to seventy-one (71). We've been getting constant input, there's constant conversation going on. MRS. MCCARTHY- So you're budget says seventy-five (75). MR. DECKER-No, seventy-two (72). The copies on the website says seventy-two (72). MRS. MCCARTHY- The one I just got tonight says seventy-five (75), with the annual budget of one hundred dollars ($100) and you've got a budget of sixty-nine (69)that you mentioned tonight. I don't want to get into dollars or any of this stuff because there's too many things that we can talk about. Even Kathy Bozony, Dave and the Simms are saying that fifty percent (50%) of homeowners had algae in front of their house. I've got minutes here from the meeting, there were twelve (12) out of sixty (60) houses that she found algae blooms. I'm not, again, I don't want to talk about details because I know the water quality has changed, but those kinds of numbers that don't add up and inconsistencies makes it very hard for me to move forward with this. I'm happy to move forward with this as a Dunham's Bay owner, property owner, but this is, I think, moving too fast. When we talk that it's been since 2011, the petition was passed out, I think, August of last summer and the petition was hard, they pushed hard for the petition. So that's not a long time in terms of residents being around for the summer and being educated on this. So that's really my concern. I could go over details that haven't been, you know, covered enough for me to feel secure moving forward. If this is not the final plan or draft, or final plan, then it says final on the paperwork over there. If we said draft so we understood that, that would be helpful. If I could ask a question to Dave? MR. DECKER- Sure. MRS. MCCARTHY- The RME that you're applying for, is that RME level four (4), is that correct? MR. DECKER- Yes, it is level four (4). MRS. MCCARTHY- Okay, a level four (4)they talk about the septic tanks being the property of the RME. MR. DECKER- ...The EPA guide ....level four (4)the system remains the property of the property owner. There's no intention to have the district own the systems. MRS. MCCARTHY- Okay, I see that in your notes here. MR. DECKER- Right. MRS. MCCARTHY- But that's not how the EPA has it listed for a level four (4). Again, this is just my inconsistencies that... MR. DECKER- ... show you. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 21 MRS. MCCARTHY- And I'm happy to see it. But again, here we are trying to vote on this and we don't have all of the information. MR. DECKER- The documents are on the website, they've been there posted, and this discussion of the RME and the level of the RME has probably been a year. MRS. MCCARTHY- Yes, but is everybody aware of what level, how many levels of RME's there are, sitting in this room, and what each level means? I would think they wouldn't be and that's again my concern. I just want us all to be on the same page, all cards on the table before we move forward. Thank you. SUPERVISOR STROUGH- Thank you Kate. Anybody else like to speak to this resolution at hand? Yes ma'am, please come forward. KATHY BOZONY- With Blue Lake George and I'm currently working with the Town of Lake George and their septic initiative program. I wanted to speak that I am in support of Queensbury's efforts to create this RME and establish a wastewater district in North Queensbury and for the Queensbury shorelines. The Town of Lake George's initiative has been going on for almost a year and what we're finding is through the education process and through the discussions that are happening we're seeing a lot of people planning and talking about replacing leaking metal septic tanks, replacing cesspools. As you might be aware, a cesspool is simply a disposal unit for your waste, it does not treat your wastewater properly. We are pushing and trying to encourage residents to install septic tanks so that the solids can be managed and maintained. We are promoting risers to grade so that the maintenance is very simple for homeowners to actually get in and look on a very regular basis to see where the level of solids are in their tank. We're encouraging use of enhanced treatment units, one of which, and we've talked about this at a previous meeting, this Claris unit just happens to be one (1) for a very tight site without a lot of extra soils. So some of these challenging sites on Dunham's Bay I think we may be able to find some good solutions and if not the holding tank would be the final, what would be required. In the Town of Lake George in order to find out what is on everybody's property we're actually sending out letters and surveys and asking them to be returned. We're finding we're getting a great deal of information on doing it this way. One of the comments I have about these twenty percent (20%)that are designed properly, I'm doing a lot of investigation of systems and properties that have it designed properly. There's a septic tank, appropriately sized, theirs a soil treatment area, and yet we're getting pollution in the lake. So we've also got to address the replacement of these sub-standard systems and also keep looking at these other systems that we're assuming that are working just fine. This is a new challenge that I'm just actually identifying. We're looking at everybody who has a septic tank and a soil treatment area as being fine and they're maintaining their septic tank by pumping it out and we're checking them off the list; but, that's not always true. I very much commend you all for doing this initiative, I think it's a great thing and this is the start of something big here around the lake. SUPERVISOR STROUGH- Thank you for all that you do, Kathy and we're going to be getting together soon. MS. BOZONY- Yes. COUNCILMAN IRISH- Hey Kathy, before you leave the table, I heard you mention a couple of times you do surveys for the group and wait for the responses. Are you doing those electronically? How are you doing those? MS. BOZONY- Well, we've got them online but they were actually mailed out. COUNCILMAN IRISH- Okay, is that a printed survey, they print it online and then they send it back to you? MS. BOZONY- They can print it online and send it back, yeah. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 22 COUNCILMAN IRISH- All right because I actually have an account for surveys online that they can actually do online if you're interested, I don't mind working with you to create a survey that can be emailed to get it back electronically. It drops everything into a spreadsheet. MS. BOZONY- That would be great. We just took on Google Aps and I know a lot of that is there. The problem is until we get back something from out residents, we don't have phone numbers, we don't have email addresses, and what's on this survey is giving us all that information, not only to contact them again, but also to share information and education with them, and send out bulletins or whatever. I would be very interested in doing that. COUNCILMAN IRISH- I'll give you a call. MS. BOZONY- Thank you. SUPERVISOR STROUGH- Anybody else like to speak to this resolution? Yes ma'am, please come forward. FLORENCE CONNOR- I live on Assembly Point. I wasn't going to say anything, but I want to say that everybody thinks you go too fast. We're not going too fast. We're not going fast enough. Look at what happened to the milfoil. We saw milfoil and we said oh, let's take care of that. Well, we're going to examine it, we're going to look at it, we're going to see what works, we're going to do this, we're going to do that. I've been there since 1949; I don't drink the water anymore. People tell me they drink the water, they say I drink the water, yes, I have a system it clarifies it and this and that. It's not taking out the oil and it's not taking out the salt, it's just taking out the bacteria. So let's go faster, let's do something. If we do it wrong, we can fix it, we can change whatever we did. But, right now we haven't got time to wait to get it right. I think we're doing the best we can, nothings perfect. SUPERVISOR STROUGH- Thank you, Florence. Anybody else like to speak to this resolution? Yes sir. SHAWN MCCARTHY- 5 Sign Post Road. I think what it really boils down to it's always about the cash and about regulation right. So, everybody here, no one's going to argue with what we need to do differently moving forward. We're all looking for a cleaner Lake George to enjoy today for our grandchildren and beyond. So it does come down to that. I think what you're probably hearing a little bit of, in a couple of the voices and mine included, it's not about speed as our friend, the faster we make a difference the sooner we're going to have the benefits to enjoy. But it's about, I think what you're hearing, is a group that is used to the money will come later, or process will be there later, we can fix it later. I think what you have is a group that's accustomed to needing to operate in a highly regulated environment, that when looking for even the slightest of variances can often be quite a great challenge. Right? So, I think we need to make sure that the group, and maybe that's what you're suggesting John, you pushed it back to the DBA to create the bylaws to then bring it forward again. But the reality is that once something is approved, the money and the process is hard to change later. So in terms of flexibility, I think we get a sense in this group certainly where this is heading, I think there is a bias towards a solution here to this vote, and I think it's important for you to hear from us that variances or process that enables the people that are going to be living and investing to make the difference that we all need to make, that we find reasonable ways to get there. You guys talked about the cost for, we don't want the government to create a solution here, and the cost to put in the central system is too burdensome. We just need to recognize that you're asking the masses to do something that could be very burdensome and the dollars we are looking for here are not helping for pump outs. You're talking about significant investments that people need to make. The first gentleman spoke about it. He didn't give a dollar to it but you can imagine it's not a story, that's real. So I would ask that you be thoughtful about the ability to go, I would even ask there's even a way to get some of these funds and grants contingent upon an RME being formed. That's another way to do it. So, again this is about let's move together quickly, let's get to a unified place, but let's also be thoughtful about costs and process because that's what we're going to run into. SUPERVISOR STROUGH- Yeah, now Shawn, you were here for the Glen Lake and Lake Sunnyside Protective Districts? REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 23 MR. MCCARTHY- Yes. SUPERVISOR STROUGH- They were already formed and there was public hearings on that. You can see that there's generally satisfaction and happiness with what they're doing with their lakes. I think you'll see the same thing with what you end up doing with your bay. COUNCILMAN IRISH- Aren't the costs set by the district? They tell us how much money they need. We don't tell you how much we're going to take; you tell us how much you want us to take. COUNCILMAN METIVIER-We have very little input in this once it gets formed. It's all up to you; and same with the other two (2)tonight. SUPERVISOR STROUGH- Those cost came... COUNCILMAN METIVIER- They came... MR. MCCARTHY- So the holding tank example. If the Dunham's Bay Association comes up with process that says holding tank is good enough in this instance, where does that go then? COUNCILMAN IRISH- Holding tank has got a different... COUNCILMAN METIVIER- That's a different animal all together. If you need a holding tank to make your system work, you come to the Town Board for a variance, we would grant it because we would grant it and you would be on your way. So, you're group would not say yay or nay to that. You're engineer would say you know what; this is your solution so you'd have to come to us for that. They can't grant a variance for you, we would have to do that. MR. MCCARTHY- That's a little bit of my point, right. COUNCILMAN VANNESS- I think you'd find it very tough to find any one of us sitting here right now that wouldn't give you a variance for a holding tank. COUNCILAN METIVIER- Yeah, absolutely. COUNCILMAN VANNESS- I think all of us would support a holding tank. We understand that the affordability of a holding tank and the pumping of them are different too. I find it very hard that anyone of us sitting here wouldn't give you a variance for a holding tank. COUNCILAMAN METIVIER- And the beauty of this district being formed is that if you have a holding tank, which is a considerable expense for pumping will be discounted because of the fact that you are in this district. MR. MCCARTHY- Sure, well I may not be the best example but there are extremes. You look at some of the properties; you guys have looked at the maps where you just don't even have, there is no way for them to be compliant. I think the presentation started this evening with a majority of the ...was never meant for this kind of, but here we are. Now, trying to deal with it, it doesn't really, the likelihood that each of these homes can match up to code perfectly is pretty unlikely. COUNCILMAN METIVIER-...The message we need to send back to you and everybody is we're not going to shut you down, we're not going to make you have your house be unlivable, we'll work with you, we'll make it work. I hope that you don't and nobody here fears that we're going to come barreling into your property and say this doesn't work so you need to get out. It's not going to happen. This is a good thing moving forward. You have people on your side that are willing to help you. I understand it's probably for some people, you know, a scary proposition to have somebody come on their property and look for something that probably doesn't exist. But, that doesn't mean that that's the end of the world here for you. I don't want you to worry that, you know, we're not going to be willing to work with you because we are. MR. MCCARTHY- Thanks for that commitment. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 24 COUNCILMAN CLEMENTS- And one of the reasons for doing this is to be able to get funding. COUNCILMAN METIVIER-Exactly. COUNCILMAN CLEMENTS- You know if we didn't go through this process it wouldn't be available. COUNCILMAN METIVIER- And you know, if you come back to us and say, look we need help here, at least there's a source to get that help. We just don't have that right now. So this is a good thing, it's not government breathing down your throat, its government trying to help fix a problem. MR. MCCARTHY- Okay, thanks. SUPERVISOR STROUGH- Okay, thanks Shawn. Yes John, come on. JOHN SALVADOR- Thank you. The recent discussion has all been centered around holding tanks. I've often said a holding tank is not end of the world. We operate our commercial facility with about seventy-five (75) families on a one thousand (1,000) gallon holding tank. We never pump it more than once a week, generally on Friday because of the weekend, sometimes more often on a holiday weekend. But, with proper water conservation I say it's not the end of the world. Thank you. SUPERVISOR STROUGH- Okay, thank you. Yes ma'am, please come forward. SARAH LANDERS- 15 Sign Post Road. My family has been in Dunham's Bay for a hundred (100) years. SUPERVISOR STROUGH- I'm sorry, your name again. MS. LANDERS- Sarah Landers. SUPERVISOR STROUGH- Okay, Sarah. MS. LANDERS- 15 Sign Post Road. My question or comment is more for clarification. I own our property with my two (2) sisters who are not able to be here because this is happening in September and they live out of State. So I'm here representing and we have all, in part, attended meetings throughout the summer to learn about this proposal. I guess my question is and it goes back to what Mr. Ervolina was asking. I guess I just need some additional clarification on all of the mailings that I've received at home that discuss what the bylaws are going to be or the contingencies upon, one (1) of the examples was, the sale of a property would be contingent upon your system passing or being up to code. If that's not what we're discussing tonight as far as passing who came up with that? SUPERVISOR STROUGH- Well... MS. LANDERS- Obviously, there is a format that that was placed in. That just sounds very similar to, you know, what other states have, whether it be a title five (5) or whatever their, you know, state regulates in order to exchange property, which hopefully we will never have to do. But, I'm also thinking that if we're faced with being told that you have a sub-standard system or, you know, you need to do x y and z and the cost is astronomical and we come back and say how can we do that? You know, it's either sell to be able to do that. Who comes up with these bylaws that are going to... SUPERVISOR STROUGH- You do. MS. LANDERS- But, what was sent to us already had them all, and it didn't say... SUPERVISOR STROUGH- Well, no, no, no, they're drafted. MS. LANDERS- Okay. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 25 SUPERVISOR STROUGH- To get you started. Again, you're going to have a meeting if this gets formed, then you're going to have a meeting of the Dunham's Bay Association, you're going to look at the bylaws, you're going to talk about them, you're going to amend them, you're going to make them to your liking. MS. LANDERS- Okay. SUPERVISOR STROUGH- And we're not going to have anything to do with it. MS. LANDERS- You have nothing to do with it? COUNCILMAN VANNESS- This is strictly a draft copy that's being accepted tonight. Draft for the reason that it hasn't been accepted by your group yet. Once your group accepts it and sends it to us and tells us that's what you want then it will be the bylaws. This is strictly a draft copy. MS. LANDERS- Okay, thank you. SUPERVISOR STROUGH- All right, thank you, Sarah. Anybody else? All right, I'll close the public hearing. Board Members any thoughts, anything you want to talk about, anything you want to share, anything? COUNCILMAN METIVIER-Brian just made a comment to me and said these are all excellent questions. SUPERVISOR STROUGH- Yes. COUNCILMAN METIVIER- I too agree. This is something that we've been working on for a long time. It's a great step in the right direction. There are going to be some questions, it's going to be a little bit of hand holding going forward. Like the other two (2) districts that we've formed to help the lakes, it works and I don't doubt this one will too. SUPERVISOR STROUGH- Okay, thank you Councilman Metivier, Councilman Clements. COUNCILMAN CLEMENTS- I just wanted to say I think it's a great start. I think that this has been an excellent democratic process here tonight; we've heard people on both sides. People that are concerned about things I think that some have gotten their questions answered and hopefully when this group gets together and makes up their bylaws they'll see it's going to work well as it has with Glen Lake and Lake Sunnyside. They had a lot of similar kinds of questions when they created theirs. SUPERVISOR STROUGH- Any additional thoughts Counsel? TOWN COUNSEL, HAFNER-No, I think there's been a lot of discussion tonight. SUPERVISOR STROUGH- Dave, any last minute? MR. DECKER- All set. SUPERVISOR STROUGH- Okay. All right, can I have a motion to approve? After the vote: Supervisor Strough thanked the Board and Counsel for their support, stating that this is quite an endeavor. He thanked Kathy Bozony and Chris Navitsky for their expertise and input. He also expressed his appreciation to Barb and Len Simms, John Salvador and Deputy Ronald Montesi for their efforts as well. Thanked everyone in the audience for their input, very intelligent and very insightful. Lastly, Dave Decker has put a great deal of time and effort into this and deserves a lot of credit. Congratulations! RESOLUTION APPROVING PROPOSED NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. I TO SERVE THE DUNHAM'S BAY AREA REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 26 RESOLUTION NO.: 329, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury wishes to form Wastewater Disposal District No.I to serve 71 properties in the Dunham's Bay area of the Town in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Wastewater Disposal District has been prepared by David J. Decker, P.E., and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Wastewater Disposal District, a general plan of the proposed system, a report of the proposed method of operation, the mode and frequency of collection, conveying, treating and disposing of wastewater or residual wastewater and the mode and frequency of inspections and monitoring; and states that the location of properties requiring construction or replacement of private on-site wastewater disposal systems in the next five years will be determined as part of the services provided by the District, and WHEREAS, establishment of the Wastewater Disposal District is a Type II action under the State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on September 8, 2014, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Wastewater Disposal District; (b) the proposed services to be provided; (c) the maximum amount proposed to be expended for the services; (d) the estimated cost of hook- up fees (if any) and the cost of the Wastewater Disposal District to the typical property and the typical one or two family home(if not the typical property); (e)the proposed method of financing to be employed(if any); (f)the fact that a Map, Plan and Report describing the services is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Wastewater Disposal District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Wastewater Disposal District to the REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 27 typical property and typical one or two family home (if not the typical property)were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Wastewater Disposal District was duly held on September 22"d 2014 and the Town Board has considered the evidence given together with other information, and WHEREAS, in response to input from the public, revisions relating to descriptions of the properties to be included in the District were made to the Map, Plan and Report, and these revisions have been determined to be minor modifications which do not significantly change the cost of the District and do not constitute a substantial change in the Map, Plan and Report; and WHEREAS, the Town Board wishes to establish the proposed Wastewater Disposal District No. 1 as detailed in the Map, Plan and Report, as revised, in accordance with Town Law Article 12- A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within Wastewater Disposal District No. 1 are benefited thereby; 3. All property and property owners benefited are included within the limits of Wastewater Disposal District No. 1; 4. It is in the public interest to establish, authorize, and approve the Wastewater Disposal District No. 1 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Wastewater Disposal District Extension to be as described in the Map, Plan and Report, as revised; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes Wastewater Disposal District No. 1 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report, as revised, and construction of the improvements may proceed and service provided subject to the following: 1. Permissive referendum in the manner provided in New York State Town Law Article 7; and 2. The adoption of a Final Order by the Queensbury Town Board; and REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 28 BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) JOHN SALVADOR- Questioned the Board regarding resolution 3.1, entitled Resolution Authorizing Agreement Between Town of Queensbury and Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau. He asked if occupancy funds were being used for this. SUPERVISOR STROUGH- Yes. MR. SALVADOR- Spoke regarding resolution 3.7, entitled Resolution Authorizing Town of Queensbury to be Participating Partner with Adirondack Gateway Council (Regional Consortium) for Purposes of U.S. Department of Housing and Urban Development (HUD) FY 2011 Sustainable Communities Regional Planning Grant/Program. He was able to preview the draft version of the proposal. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & CONVENTION AND VISITOR'S BUREAU RESOLUTION NO.: 330,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 325,2013, the Queensbury Town Board approved and authorized funding to the Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and the Agreement between the Town and LGRCCCVB for REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 29 tourism promotional and marketing campaign and consultation services through June 30t1i 2014, in the amount of$17,500, and WHEREAS, the Town of Queensbury wishes to again enter into an Agreement with LGRCVB for provision of such services through June 3011i 2015, and WHEREAS, such promotion and marketing services will promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide $17,500 in funding to the LGRCCCVB for general tourism promotional and marketing campaign and consultation services through June 30'1' 2015 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGRCCCVB has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and authorizes the Agreement between the Town and LGRCCCVB substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding not to exceed $17,500 in total through June 3011i 2015 as delineated in the preambles of this Resolution, to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 22"d day of September, 2014, by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 30 NOES None ABSENT: None RESOLUTION SETTING HEARING ON 697 UPPER GLEN STREET LLC'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ITS PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 331,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, 697 Upper Glen Street LLC (Applicant) has applied to the Town Board for a variance/waiver from §136-44 to connect its property located at 989 State Route 9 to the Town of Queensbury's Route 9 Sewer District, as the Applicant states that the topography and depth of a connection under the hill may require a pump station which is estimated to cost between $30,000- $50,000, and the property's on-site septic system seems to be functioning fine with no known current issues, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, October 6t1' 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider 697 Upper Glen Street LLC's sewer connection variance/waiver application concerning its property located at 989 State Route 9, Queensbury(Tax Map No.: 296.13-1-22 ), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF MOWER FOR USE BY DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO.: 332, 2014 REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 31 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Facilities Manager has requested Town Board approval to purchase a 2014 John Deere 997 commercial zero turn mower with attachments to replace a retired and auctioned 1996 Howard Price mower in the Building and Grounds Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: NY Mowing Equip PC64361, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Facilities Manager's purchase of a 2014 John Deere 997 commercial zero turn mower with attachments in an amount not to exceed $18,155.14 in accordance with New York State Contract No.: NY Mowing Equip PC64361 to be funded from Misc. Equipment Account No.: 195-1640-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF 2015 FORD F350 1-TON DUMP TRUCK FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 333, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, in accordance with Resolution No.: 302,2014, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a 2014 or newer replacement Ford F350 1-Ton Dump Truck due to a loss of a 2008 Ford F350 Dump Truck (Asset #8708) in the Cemetery Department as set forth in bid specifications prepared by the Cemetery Superintendent and/or Purchasing Agent, and REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 32 WHEREAS, on September 4t1i 2014, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Town Cemetery Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the lowest, responsible bidder, C. Basil Ford, Inc., for the amount not to exceed $40,399, and WHEREAS, the Town received $22,575.50 from its insurance company for the loss of the 2008 Dump Truck (Asset#8708), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a 2015 Ford F350 1-Ton Dump Truck for use by the Town Cemetery Department from the lowest, responsible bidder, C. Basil Ford, Inc., for the amount not to exceed $40,399, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck shall be from Vehicles Account No.: 002-8810-2020, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to amend the Town Budget to: • Increase Insurance Recoveries Account No.: 002-0000-52680 by $22,576.00; • Increase Vehicles Account No.: 002-8810-2020 by $40,399; • Decrease Account No.: 002-9060-8060 by $17,823.00; and make any other needed adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION AUTHORIZING TREE REMOVAL WORK AT TOWN CEMETERY DEPARTMENT REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 33 RESOLUTION NO.: 334,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Cemetery Superintendent and Town Cemetery Commission advised the Town Board that certain tree removal work is needed in the vicinity of the Crematorium at Pine View Cemetery, and WHEREAS, such tree removal is time-sensitive as repairs are needed at the Crematorium, and WHEREAS, the Town Cemetery Superintendent acquired five (5) quotes for such tree removal work, and WHEREAS, the Town Cemetery Commission offered to fund such work, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby approves and ratifies the Town Cemetery Superintendent and Cemetery Commission's tree removal work by Richard Sears in an amount not to exceed $12,000, and BE IT FURTHER RESOLVED, that the Town Board hereby accepts payment in an amount up to $12,000 from the Town Cemetery Commission to fund such work, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2014 Town Budget by: • Increase Appropriation—Misc. Contractual— 002-8810-4400 by $12,000; • Increase Revenue—Misc. Revenue— 002-0000-52770 by $12,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 34 RESOLUTION AUTHORIZING CLOSURE OF WATER DEPARTMENT PUMP DRIVE CAPITAL PROJECT FUND #184 AND WATER DEPARTMENT PUMP DRIVE CAPITAL PROJECT FUND #201 RESOLUTION NO.: 335, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, in accordance with Resolution No.: 118,2011, the Queensbury Town Board established the Water Department Pump Drive Capital Project Fund #184 which Fund established funding for expenses associated with the purchase and installation of an "ABB" Variable Frequency Drive for High Lift #4 (700 HP finished water pump) at the Town Water Department, and WHEREAS, in accordance with Resolution No.: 294,2013, the Queensbury Town Board established the Underdrain Rehabilitation for Filter #2 Capital Project Fund #201 which Fund established funding for expenses associated with the purchase of materials and labor associated with the installation of the underdrain rehabilitation for Filter #2, including new cell dividers and porous plates at the Town Water Department, and WHEREAS, the Town's Water Superintendent has advised that the Projects are complete and the Capital Project Funds can be closed, and WHEREAS, the Town's accounting records show that there is approximately $2,318 remaining in Capital Project Fund #184 and approximately $12,837 remaining in Capital Project Fund #201, and WHEREAS, the Town Board wishes to close these Capital Project Funds and transfer the Funds' remaining balances back to the Town's Water Fund #40 Fund Balance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Water Department Pump Drive Capital Project Fund #184 and Underdrain Rehabilitation for Filter #2 Capital Project Fund #201 and transfer the Funds' remaining balances back to the Water Department's Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer, Accountant and Water Superintendent to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 22"d day of September, 2014, by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 35 NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN OF QUEENSBURY TO BE PARTICIPATING PARTNER WITH ADIRONDACK GATEWAY COUNCIL (REGIONAL CONSORTIUM) FOR PURPOSES OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FY 2011 SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT/ PROGRAM RESOLUTION NO.: 336, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Adirondack Gateway Council, Inc (AGC), a 501C(3) nonprofit organization, is a recipient of the HUD Sustainable Communities Regional Planning Grant Program on behalf of the regional consortium and is administrating the Grant, and WHEREAS, this Grant provides grant assistance to support the following designated tasks: including affordable housing, transportation, cell/broadband telecommunication, waste water treatment infrastructure investments, agriculture and healthy communities and overall economic development plan, and WHEREAS, each consortium partner will contribute towards the HUD total required consortium match of 20% cash and/or in-kind services as a requirement of grant funding awarded and dedicated to the express purposes stated herein, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury desires to become a participating partner in this regional consortium, and BE IT FURTHER, RESOLVED, that as a participating partner the Town commits cash and/or in-kind services in the amount of$5,000 towards the consortium's total overall match, and BE IT FURTHER, RESOLVED, that the Town understands that the Adirondack Gateway Council is the recipient of the HUD Grant and acts as Administrator of the AGC sustainable HUD Grant on behalf of the regional consortium and to administer the grant, and BE IT FURTHER, RESOLVED, that it is the intent of the Town to maintain an on-going relationship with the Adirondack Gateway Council. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 36 Duly adopted this 22'd day of September, 2014 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES : None ABSENT: None RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 337,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish 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 2014 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Misc. Contractual 001-1620-4070-022 Building Repairs 3,500 001-1990-4400 Misc. Contractual 001-1670-4030 Postage 1,000 001-1990-4400 Misc. Contractual 001-1410-4420 Codification 3,000 Sewer Treatment 001-0000-0909 Fund Balance 001-8120-4425 GF 23,625 Water Treatment 040-8330-4271 Chemicals 040-8340-2001 Misc. Equipment 20,000 Duly adopted 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF SEPTEMBER 23RD, 2014 RESOLUTION NO.: 338, 2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 37 SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of September 18th 2014 and a payment date of September 23rd, 2014, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of September 18th 2014 and a payment date of September 23rd, 2014 totaling $1,311,757.31, 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 22nd day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ADOPTION OF ADDENDUM TO TOWN OF QUEENSBURY COMPREHENSIVE PLAN RESOLUTION NO.: 339, 2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board is considering adoption of an addendum to the 2007 Comprehensive Plan for the Town of Queensbury, which Plan presents recommendations to guide land use in the Town of Queensbury for the next five to ten years, and WHEREAS, the Town Board wishes to set a public hearing concerning the revised Comprehensive Plan Addendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, October 6 th 2014 to hear all interested persons and take any necessary action provided by law concerning adoption of the Addendum to the Town of Queensbury Comprehensive Plan, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 38 RESOLVED, that the Town Board hereby authorizes and directs the Town's Senior Planner to refer the proposed Comprehensive Plan Addendum to the Warren County Planning Office for review and recommendation required by New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide at least 10 days notice of the public hearing by publishing the Notice of Public Hearing and Summary of the proposed Comprehensive Plan Addendum in the Town's official newspaper and posting the Notice on the Town's bulletin board and forwarding the Notice to all adjacent municipalities. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 2014 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" RELATING TO THE MAIN STREET ZONING DISTRICT RESOLUTION NO.: 340,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2014 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to amend language and requirements related to the Main Street zoning district, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, October 6t1' 2014 to consider proposed Local Law No.: of 2014 and to hear all interested persons, and following the public hearing may take any other actions authorized by law concerning proposed Local Law No.: of 2014, and REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 39 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2014 in the manner provided by law and to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and to other agencies and departments, communities and property owners as may be necessary in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that adoption of the proposed Local Law is a Type I Action under the State Environmental Quality Review Act (SEQRA) and directs the Community Development Department to prepare Part 1 of a SEQRA Full Environmental Assessment Form, and BE IT FURTHER RESOLVED, that the Town Board hereby finds that it is the only SEQRA Involved Agency and it may conduct SEQRA review of the proposed Local Law after the public hearing at its Monday, December 16, 2013 meeting. Duly adopted this 22"d day of September, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None 4.0 CORRESPONDENCE- Copies of the Supervisor's 2015 Tentative Budget were presented to Board Members and copies will be available in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES) JOHN SALVADOR- Questioned the Board regarding a budget item for 2014, the paving of the Town Hall parking lot. Where did the money go? SUPERVISOR STROUGH- Thanked Mr. Salvador for his concern. It was at his urging that the Town Hall received a new coat of paint and some additional work to the front of the building. Explained that the parking lot will get done. COUNCILMAN IRISH- There was never a resolution authorizing the paving of that parking lot. The money is in the budget but it was never moved into a fund for that. REGULAR TOWN BOARD MEETING, 09-22-2014,MTG 435 40 SUPERVISOR STROUGH- Welcomed Mr. Salvador to come in and go through the budget. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)-Nothing to report. COUNCILMAN CLEMENTS- (WARD II)- Spoke regarding the Adirondack Balloon Festival. It was a pretty good weekend. It's good to see these kinds of events continue, it helps the economy. Thanked all of the volunteers that helped in all of the different areas. COUNCILMAN IRISH (WARD III)-Nothing to report. COUNCILMAN VANNESS (WARD IV)- Thanked the Board for the effort that has been put into Main Street. SUPERVISOR STROUGH- • Thanked Ed Gazel, Look TV and our sponsors for televising these meetings. • Thanked the public for attending tonight's meeting. RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO.: 341, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 22ND day of September, 2014, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury