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2015-10-19 MTG 33 REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 3 REGULAR TOWN BOARD MEETING MTG#33 OCTOBER 19TH, 2015 RES#358-374 7:03 P.M. B.H. 28-30 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS CHRIS HARRINGTON, SUPERINTENDENT OF WATER PRESS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS SUPERVISOR STROUGH-Called meeting to order. Asked for a moment of silence with the passing of Town Justice Robert McNally. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 358, 2015 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 and moves into the Queensbury Board of Health. Duly adopted this 19th day of October, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None AB SENT:None PUBLIC HEARING HARRY & LINDA BAKER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES PUBLICATION DATE: OCTOBER 2, 2015 PRESENT—MR HARRY BAKER PUBLIC HEARING OPENED SUPERVISOR STROUGH-Is there someone here to speak for the applicant or the applicant? Do you want to go over what the situation is why you need a new system and so forth? MR. BAKER-The old system the leach field proposed where was I? REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 4 SUPERVISOR STROUGH-The old septic system has failed and you need to put in a new system. MR. BAKER-I got Engineers to design a system. The only place it can go in my yard is why these setback variances are requested. SUPERVISOR STROUGH-I was over yesterday to do a site visit to look at the proposal. You came out and I discussed your proposal with you. It is an Eljen System, which to your credit is a much more efficient system. In the proximity to the well that was important to me and I think that was a plus in your favor. The other thing that I talked to you about that I thought was a plus in your favor is that as far as the location of the two wells in relation to the Eljen infiltration bed was that the wells were not downhill from this. Any downhill flow of the groundwater would not be towards the well. The location where you are proposing this is not a storm water problem there is no area where that is not a dumping ground for storm water. The soils were very good. The depth to groundwater is seeded six (6) feet so you have a lot of things working in your favor. Let's see if the Town Board has any questions for you. COUNCILMAN VANNESS-Mr. Baker, I see Judith Korot. Have you spoken to them. MR. BAKER-They signed off COUNCILMAN VANNESS-They did sign off so you have spoken with them and they are aware of it. MR. BAKER-Yes. COUNCILMAN VANNESS-That was my concern. Thank you. SUPERVISOR STROUGH-While they are looking I want to see if there is any other attendees in the audience who wish to speak to this septic variance application. I don't see any, any other questions or concerns? Do I hear a motion? PUBLIC HEARING CLOSED RESOLUTION APPROVING HARRY AND LINDA BAKER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 28,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Harry and Linda Baker filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new leach field: 1. 64' from their well in lieu of the required 100' setback; and 2. 81.5' from a neighbor's well in lieu of the required 100' setback; on property located at 61 Blind Rock Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, October 19th 2015, and REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 5 WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Harry and Linda Baker for variances from the Sewage Disposal Ordinance to install a new leach field: 1. 64' from their well in lieu of the required 100' setback; and 2. 81.5' from a neighbor's well in lieu of the required 100' setback; on property located at 61 Blind Rock Road in the Town of Queensbury and bearing Tax Map No.: 296.6-1-3. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None PUBLIC HEARING — JASON AND TRICIA GOTTLIEB'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES PUBLICATION DATE: OCTOBER 9,2015 DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP REPRESNETING JASON AND TRICIA GOTTLIB MR.MACELROY-As was indicated there are a number of variances required. I think the special circumstances of this lot require those variances because of the only location the system can be placed on the parcel. As indicated the lot is approximately ninety to ninety five feet (90-95) deep shoreline to rear property. Therefore automatically it can't meet the one hundred (100) foot setback it requires for absorption field setback from the shoreline. The existing system as indicated on the plan package provided shows that it is in the rear area of the house the rear being the roadside. There is an existing septic tank and some form of dispersal field in that area between the house and the road. Where we are proposing the replacement is essentially in the same location. The septic tank will be replaced with a Clarus Fusion Tank, which not only does REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 6 the job of a septic tank, but also provides additional treatment. It is considered an enhanced treatment even and ETU by the Health Department. Therefore it provides a greater level of treatment to the effluent that you are then putting in the backend of the soil. Essentially we are working in the same area that the existing system is in, but yet we are providing this additional treatment to the wastewater so there really is a plus to the conditions of the area. As we had shown it on the plan the designed the plan the Clarus unit would be in this northeast corner of the parcel. Just by the physical nature of the lot size and whatnot that is what triggers the assortment of variances to the property lines both north and east to the dwelling itself both in the case of the tank and the absorption field. I have indicated before in our meeting in the field that the most significant variance is probably the setback of the shoreline, which in this case is eighty (80) feet. A hundred (100) foot is the standard, but I think the mitigation for the variances is the fact that we are proposing to use this Clarus System, which will again provide enhance treatment of the wastewater before it is sent back into the soil. Any questions? SUPERVISOR STROUGH-No I am making notes because as we go forward the APA has required that anything within their park they want a chance to review. If you take a look at Section 136-18, Variances it says. In some cases there are special circumstances or conditions that require variances. That strict application of provisions of Part I, which Section 136 speaks, to and it's the suggested separations distances from the structure from the lot lines from the body of water and so forth are recommendations. Special circumstances require us to look at variances, which we are doing. The variances would not materially be detrimental to the purposes and objectives of this chapter the chapter is on septic systems. Granting of the variance is necessary for the reasonable use of the land. The variance as granted by the Local Board of Health is the minimum variance, which would elevate the specific unnecessary hardships. We also have the right to prescribe any additional reasonable conditions to make this necessary or desirable. It points out in Section 135-20 that we need to send all variances of this nature to the Adirondack Park Agency and that they have the right to review. It is effective to thirty (30) days and they can also overturn our decision should we approve the variances just so that is understood. MR. MACELROY-Understood, similar to your area variance process that the Zoning Board of Appeals goes through. SUPERVISOR STROUGH-Our current Building and Codes Officer, Dave Hatin said APA has never required us to send it to them, but the law states that it is a requirement so we are going to abide by that going forward. MR. MACELROY-Certainly. SUPERVISOR STROUGH-Anything else that you want to add? TOWN COUNSEL, HAFNER-I think you explained it very well. It is important to have those findings the Supervisor talked about on the record. SUPERVISOR STROUGH-Before I open this to the public hearing are there any thoughts? COUNCILMAN VANNESS-Dennis the group of us met out there and you walked us through. It is fairly obvious there isn't a whole lot of property for the work that they want to be done. It does appear that they are putting the system the farthest point of the lake that they can put it there is no question on that. I guess if it was my residence I would be little more concerned it is right up next to my home. It is a system that sounds like it is better than what is there. We discussed whether it was a poured concrete septic tank or if it was a prefab concrete septic tank that was sealed. Nobody knows that. We also spoke about holding tanks as far as going that route itself. I am concerned that there are so many variances that have to be done here. After having the opportunity to stand there and look at it with you and having this information that you supplied with us out there in the field as well reading this the solid waste are going to contained in this sealed unit. It is not going to be out. It is going to be the effluent that is coming out. I know Brian, I don't mean to ask Brian's question, but Brian had asked a question about the distance from the other side of the lake as well. Is there a variance that is going to be needed there? REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 7 MR. MACELROY-No there isn't that is one hundred and six (106) feet from the side shoreline on the other side of the road. COUNCILMAN VANNESS-I am kind of glad to see that the APA is getting it involved with it now especially in such a small area of there. I don't claim to be an expert by any means on septic systems or anything else. I think they are between a rock and a hard spot. It is better than what is there. I agree with Doug. It is not a failing system so it kind of to prove a hardship I think we are going to have a tough time proving that it is a hardship. They have a working system that is there right now. I guess those are my concerns. You did a great job explaining to us. You were right up front and very honest with us when we were out there. I respect that and appreciate that. COUNCILMAN IRISH-I think to reiterate what Bill said, the fact that it is not a failing system to date causing me some concern about approving a variance up there. Having said that putting in a more technology advanced system than what we think is there although we don't know; I would rather be proactive and protect the lake verses being reactive and wait for a failure and then now we have to do something else. I am inclined to be in favor of it. MR. MACELROY-Thank you. Let me just add to that I didn't really state that before. The Gottlieb's want to be proactive about this. They don't want to wait for a situation. They are relative new owners of the property. They like to make this improvement. This is the next thing of their list. SUPERVISOR STROUGH-Questions here. COUNCILMAN METIVIER-These new systems that are coming into play we talked about this last week. How much history do we have on them? MR. MACELROY-Good question. They are new to us. This Clarus Unit is represented by Zoeller, which is a US Company which bought the rights to Japanese technology. There are tens of thousands, hundreds of thousands of these units in Japan. There is quite a track record of them in Japan. Elsewhere in the Country there is a system that was recently installed in the Queensbury Sewer District. It didn't have to come before this Board because it connected to an existing disbursal field. There is one in Queensbury already. There is another one in that same district that is about to be constructed. There is another one over in Diamond Point that was constructed through the Town's sewer initiative. While there isn't a great local history, there is certainly history with the technology. COUNCILMAN METIVIER-Can you go on the record to tell the public how much something like this costs a homeowner. The reason I asked the question we were in a meeting last week. We want to introduce a Septic Transfer Law. I think the old belief that any septic system in and around our lakes is going to be between thirty thousand ($30,000) and fifty thousand ($50,000) dollars needs to be reevaluated because I don't believe that is the case in these systems. I think to educate the public say; hey there are alternatives out there like this that maybe ten thousand ($10,000), twenty thousand ($20,000)that aren't going to kill you. You don't have to answer. We are trying to educate people. MR. MACELROY-What I would say to that is that every situation is different. COUNCILMAN METIVIER-Right. MR. MACELROY-The existing system in Dunhams Bay, North Queensbury Sewer District that was installed already that was as simple as it could get and it was somewhere in the range I've been told I wasn't involved in that directly, but I've seen it I went to observe it. I think it was in the eight ($8,000)to ten thousand ($10,000) range. COUNCILMAN METIVIER-That is what I heard, too. That is on Dunham's Bay, which is one of the more difficult places to put a septic system in this area so the fact that you could do that system for eight ($8,000)to ten ($10,000) dollars. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 8 MR. MACELROY-What throws our cost off is often times the additional things that need to be done on site. It just is not a matter of putting a septic tank and a leach field in the ground. If it was that simple those cost would be. In dealing with some of these tighter locations steep slopes situations just the logistics of getting material and equipment to a site, which drive the costs up or tree removal. Building, I've dealt on projects with garages that had to be removed because that was the only way to place the wastewater system. It would be simple to say they are going to cost fifteen to twenty when there are those that certainly cost thirty to.... SUPERVISOR STROUGH-Another thing I think it is important for the public to understand in this matter, which helps mitigate the variances that are being requested here is the anaerobic pretreatment that occurs in this unique I can't say septic tank because it is more than that. Can you elaborate on that at all? MR. MACELROY-There are four compartments within the Clarus Unit. There is a settling chamber. There is an anaerobic chamber. There is an aerobic chamber. There is the final storage chamber. Each step along the way provides what a septic tanks does and more. The aerobic treatment component provides that additional treatment that you don't normally get through the septic tank. SUPERVISOR STROUGH-The black water that is going out into the infiltration field is cleaner more heavily treated than you get from your traditional system. MR. MACELROY-It meets what referred to as NSF Forty Certification. It is a testing standard that this technology has achieved as others have. The Pure Flow System that I have been here before with. It provides that level of treatment that is certified so that the Health Department recognizes this technology as an enhanced treatment unit. COUNCILMAN METIVIER-Would you say that this is an accelerated process verses normal or is that not really a good word to use? MR. MACELROY-Accelerated in what? COUNCILMAN METIIVER-The treatment of discharge. MR. MACELROY-It is enhanced in terms of its level of treatment. Accelerated as in that it happens quicker? COUNCILMAN METIVIER-Yes. MR. MACELROY-Not necessarily. It happens in the timeframe that it is within the tank. Three is also a recirculation component within this tank, which aides in that treatment. It is designed in this case it is a four hundred and fifty gallon (450) a day unit, which is sized for three (3) bedrooms although three (3)bedrooms now is three hundred and thirty (330) so it is technically oversized for a three (3) bedroom design. SUPERVISOR STROUGH-I am opening the public hearing. Is there any member of the public that would like to speak to this variance request? PUBLIC HEARING OPENED PAUL VERCESI-I own a house right next to them going north. SUPERVISOR STROUGH-The old Ashley Place? MR. VERCESI-Yes. When I bought the house thirty (30) years ago ....I used an ultra violet wash and everything because the water in the lake was not as good as it was thirty (30) years ago. The fact that most of the people that had septic problems have been putting in holding tanks, which in my opinion not being an expert, prevents any seepage at all into the lake, although if the tank ruptures but then it is obvious you change the holding tank. Part of the problem, which I asked the Attorney was the amount of consumption. The person that owned the house for the first twenty (20) years they owned the house used to pump once a month or REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 9 two. Donna Sutton bought the house and then she pumped out once every two (2) months, but the Gottlieb's pump out every week. The reason they have a lot of company even though it's a three bedroom house. If they are having a problem that they pump every week unless that tank that you are putting in can absorb the capacities for the parties and all the people that come to visit her you are going to have a problem. The water that goes in, in my opinion I am not an expert if it doesn't handle a larger capacity you might have a potentially more environmental dangerous situation than a giant size holding tank where you can pump out when the alarm goes off. My objection is that it might pollute the lake. I don't know who is voting on this how many people actually went and looked at the property.. Can I see a show of hands? Okay. You notice how small the property is. The absorption field is like three (3) feet on each side. It goes down slanted. If they put in too much liquid, whether it is purified or not eventually it will hit the side of the house and drain down to the lake. SUPERVISOR STROUGH-Mr. Vercesi the infiltration field is in that fenced in area adjacent to Cleverdale Road. It is not on the side. It is in the back. MR. VERCESI-When it overflows in the absorption field where does it go? I am not an expert, but where would it go? It is not going to go on the road. It is going to go towards the lake. SUPERVISOR STROUGH-We just want to make sure that when they reach the lake they are purified enough as to not cause environmental damage. MR. VERCESI-That was my original question. If the tank that they are putting in, I don't know the system, I am not an expert. If it doesn't purify water properly it is because they are putting in too much water. My main concern also is questionable, which I am not an expert. If you ask Trish or Jason aren't you selling the house? They say, well no. I said well for the last year you have been looking at houses and you have had real estate agents coming. I know someone who had looked at the house and they were skeptical about buying it because of the septic system got pumped out every month. If they are doing it really as they say to protect the integrity of the lake that is one thing, but if they are really doing it so that they can sell the house easy and then leave it to the next person it is very questionable. I am not an authority and this is just my own opinion from my observation. I have been here all winter and all summer. I retired eight (8) years ago and I lost my wife two (2)years ago. Since then I live up here permanently so I am really concerned about the integrity of the lake. I can't see where putting a giant size holding tank instead of four (4) compartments as one gigantic one like most of the people. I know the Schille's, Mulderry's, a bunch of other people on the road all put in holding tanks and they couldn't possibly put in leach fields. I was talking to one of the neighbors and I won't say who, but directly across the street. I said to her don't you think this is wrong? She said two three hundred years ago nobody had the proper leach fields and it went in the lake and we drank the water right out of the lake. If they pass, it I am not going to object, I am going to put it on mine so some people's motives are questionable. I don't know what Jason and Trish's motives are. I am more concerned with the integrity of the sewage that goes in there. I am their neighbor. I see they have parties a lot, a lot of people visiting by boat. They cannot park there. We are not too friendly so I won't let them park in my parking area where I used to do the Grimm's or Donna Sutton. She used to let overflow parking go there. They put a fence that cut off half of the parking. When they have that many people like for Labor Day and stuff that they pump out on a Friday and a Monday, I am concerned that whatever tank you put in there with four systems we would have an overflow. Where if you put giant size holding tank and then pump it out even if it's two, three times, or once a month or something it is a better prevention of any contamination to the lake. I drink the water three hundred and sixty five (365) days a years and I am concerned on that end. If you take a measurement of the water now it is not like it was thirty (30) years ago where you tested the water. It was good and you drank it. You didn't put a filtering system in. That is my only objection. I am not trying to be un-neighborly. I understand that these new systems although when you say; he says that this is a sufficient system from Japan. Japan and China are not notoriety safe environmental countries where they worry about pollution. I question how many were installed in the United States with the requirements of the United States. I question that sometimes new systems idealistically look like; oh this is the perfect thing. This is the solution to the whole problem in Cleverdale and Rockhurst, Assembly Point. Why did for ten (10) fifteen (15) years now we insisted on holding tanks. The system cannot be that proficient unless you are certified from practical experience for five (5)ten (10) years how this will result if you suddenly allow ten (10) or twenty (20) of these around the lake. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 10 COUNCILMAN VANNESS-Do you have holding tanks within your residence? MR. VERCESI-I have the original septic that came with the Ashley house. I pump out once a year. They clean out the sediment tank and I have the leach field because I own the lot across the street and that's where the leach field is. I know Carol Freihofer when she bought the house from the....on the point the...used it, I don't know where the leach field was, but Carol tested the water. Her water was fine. Tested the water in front of the house and she spent a lot of money testing this. She thought that any antiquated system that was on a point so little property couldn't possibly absorb the sewage even though it tested okay so she put in a holding tank. ....owns a house they have this large holding tank and they pump out every month. She was just so environmentally protective of the lake that on her own she did this. So this makes me very questionable. If somebody didn't even have to touch the septic system they had the original that came with the house that mine works I even told her. That is a sure thing to put a holding tank. You can't possibly have any contamination. I'm sure you if you say if the tank ruptures, but then you change the holding tank. If you have parties like she does you can put a huge tank in there, but if you put in this newfangled filtration system it looks great for an owner. I have the system that you don't even have to pump out. Okay maybe it will answer selling the place, maybe it won't, and this is just my opinion from what I have seen... looking at houses. I am sitting on my deck and I see a Broker coming with people looking at the house all winter long all summer long. I wonder why all of a sudden she is doing a septic system. So that is my question, I like the surety of a holding tank. Next to the non domination Church they put this new field septic, which really I kept watching them do this. I am saying geez, the owner said they have new restrictions, there is a new special type absorption system. I see where it is so close to the lake if you keep doing this with every house you are susceptible at some point when you are going to have a more of a problem on the lake in my opinion. Thank you. SUPERVISOR STROUGH-Anybody else like to speak to this? MIKE SIEGEL-Past President of Lake George Association Land Use Committee. So this really strikes me as something very important. The lake has over the years gotten a lot worse than it was and I can remember back in the 1960's. There is a tremendous change already. I just have a couple of questions. One we were told that this is an enhanced system. Exactly what is an enhanced system? Why it is enhanced? What does it do? Would a large holding tank be a better system. Those are the only two questions I have. SUPERVISOR STROUGH-Thank you Mr. Siegel. FRED ALEXY-I live right next door to the Vercesi's. The parameters that are set for septic systems are set for a reason. I never heard of this new system. The obvious question would come to my mind would be if this is that good and it's only ten thousand (10,000) dollars I would put one in tomorrow. I would like to see the lake come back to where it was when I grew up. It would be nice to see the Board; I watch the meetings Channel 8 occasionally. I know it's on the radar to begin to look at peoples septic systems Pilot Knob, Rockhurst. It is incredible what's out there and what we don't know what is there. The parameters are set based upon somebody's findings with the performance of a septic system. If it is a hundred (100') feet than it should be a hundred (100') feet. If there is a new system than change the law or amend the law stating that. Okay this has a higher performance of cleaning the effluent than this new system. It only has to be setback eighty five (85') feet. In this particular environment that the Gottlieb's are in everything is to close. A holding tank would solve their issue. Nobody wants to go with a holding tank because of the expense. Once they put the septic system in the ground, everybody forgets. So that is basically my piece. SUPERVISOR STROUGH-Fred, I remember sometime back you put in an Eljen System. MR. ALEXY-My father put in I would consider a State of the Art. Actually it sounds very close to what this new system is like. He designed it himself and it is pretty sophisticated. I would even look at say adding something like this new system to my system. The obvious question is can you drink the black the water coming out of this new system?No you can't. It is not just the black water it is everything that goes into the water. Whether it is the chemicals it is the whole nine yards everything is too confined up there. So that is where I am coming from. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 11 SUPERVISOR STROUGH-Yes, it is very tight parking for these people. MR. ALEXY-It is a nightmare, but for two months of the year I can live with it. Everybody is having a good time. That is the lake. Two months of the season I love to watch the boats go by if the lake is crowded. I love it. That is part of the deal. This time of the year it is fantastic. There is no question. Thank you. JOHN SALVADOR, RESIDENT NORTH QUEESBURY DUNHAMS BAY-Two weeks ago you set the public hearing for this evening. I brought forth the issue of the owner's statement that had been signed. I asked you if you would be willing to approve this without the owner's statement. If this system is such a great system and it offers all this protection, why do you require this owner's statement. You are familiar with the owner's statement? COUNCILMAN IRISH-The owner is responsible for the property John not the manufacturer of the tank. MR. SALVADOR-The owner's statement. I relieve the Town of Queensbury from any liabilities on the pumping and septic system located at etc., etc. COUNCILMAN IRISH-We are not putting the system in so why would we accept liability for it? Our staff are not going up there and putting anything in the ground. To me that sounds like a reasonable requirement for the Town. MR. SALVADOR-This is not a part of our Code. COUNCILMAN IRISH-John I work for Insurance Company for twenty (20) years and that sounds like a reasonable statement for me. If I was not going to put the system in the ground myself I would ask somebody for the relief from that. If I am approving something they're telling me they're going to do. MR. SALVADOR-This statement is not a part of the resolution before you tonight. COUNCILMAN IRISH-It is part of the application isn't it? MR. SALVADOR-The application is that is not here in the book. I would hope that you are careful that this goes to the APA. COUNCILMAN VANNESS-I think we said that in the beginning right John that is where it is headed? SUPERVISOR STROUGH-That is correct. COUNCILMAN VANNESS-That is where it is headed when we get done. MR. SALVADOR-Excuse me. COUNCILMAN VANNESS-That is where it is headed when we are finished with it. MR. SALVADOR-This evening up in Lake George the APA is attending their Town Board Meeting and addressing the issue of changes that the Town of Lake George would like to make to their Sanitary Code. They are starting to take a closer look at these things. I just don't see how you can reconcile the approval of this system that is supposed to be protective of the lake and yet you want to absolve yourself of any responsibility for pollution. You say in this owners statement I realize that putting the well, septic tank, or leaching system less than the required distance from the lake may cause a risk of pollution an increased risk of pollution. That is an admission that doing an up to standard system is a risk of pollution doing what you are doing here is enhancing that risk. COUNCILMAN IRISH-I think it acknowledges that there is a risk John. It is not admitting that there is anything that is going to happen. It is acknowledgement that there is a risk in anything that they do around that lake to cause pollution. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 12 MR. SALVADOR-How many bedrooms does the design call for? SUPERVISOR STROUGH-Three. MR. SALVADOR-Three. What is the reasonable use of a parcel of land less than fifteen hundredths of an acre in size? A three (3) bedroom dwelling do you know what is going to happen here? Eventually there is going to be a knock down and something grandiose three (3) bedrooms in size is going to be built. SUPERVISOR STROUGH-That never happens on Lake George. MR. SALVADOR-I would like to second the motion for a holding tank. It is cheaper in the long run. It is safer in the long run and it's been proven. Thank you. TOWN COUNSEL, HAFNER-Mr. Supervisor the copy I have of the owner statement that it was exactly signed by the owner. The Town Clerk doesn't have that either so that should be part of a complete application. SUPERVISOR STROUGH-Okay let's see where we go on this I have a suspicion. He did sign the next page Bob. TOWN COUNSEL, HAFNER-If the Town Board does go forward.... SUPERVISOR STROUGH-Let's see how this goes. WILLIAM F. DAVIDSON, 387 CLEVERDALE ROAD-I like to make just a couple of comments. We certainly welcome all improvements to septic systems and sewage treatment in Cleverdale but quite honestly I am not sure this is the right solution. I honestly believe a holding would be a better solution; similar to what has been put in place across the street from me. A large holding tank if it is pumped out and has been stated here saves the lake from any leaching into it, I think that is the answer. The other thing is if you grant this request you are granting seven variances. Does that open the flood gate for granting variances for septic systems in the Town of Queensbury along the lake? I think the gentleman had a very good point when he said the regulations are in place for a reason. If it says a hundred (100') feet there must have been a reason for that. We all remember the situation at the Washington County Fair when regulations were kind of overlooked and they went into a tremendous problem with leachate into the well. Essentially that is my comment. After reading the paperwork I thought to myself gee that is not a bad idea maybe I would add this to my system because naturally we are all interested in the purity of the lake. Twenty five (25) years when I first bought the house I drew the water out of the lake and had it tested at the Town of Queensbury Plant. It tested fine. Now that is not the case. The increase leachate into the lake is causing major problems. I think I read some place where this is a forty two (42) year old system. I have never seen any work being done on it as far as replacing the leach field. Usually you have to replace a leach field after say twenty (20) years or so maybe fifteen (15). I have never seen any work done on this and I can't believe that this system doesn't have problems. Thank you. SUPERVISOR STROUGH-Thank you Mr. Davidson, anyone else like to speak to the Board about this variance application? COUNCILMAN VANNESS-John if I can.... SUPERVISOR STROUGH-We are going to have Town Board comments why don't we give the applicant a moment to address some of the issues that were brought up and then we will share thoughts. COUNCILMAN VANNESS-Okay. SUPERVISOR STROUGH-I think I know where you are going. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 13 MR. MACELROY-I tried to take notes as the comments were being made about holding tanks and flow rate, pump out every week or every month not sure what that is. It is my understanding that, yes the Gottlieb's have pumped their system on a regular basis just to keep ahead of things to be proactive. We don't know that whether there is some problems. This is the idea of the variances for a replacement system on this small parcel that many houses in that area are under the same conditions. Some have holding tanks some don't, but those ones are fine evidently. Here is a homeowner who is attempting to make improvements to their system using advanced technology. The comment about enhanced treatment what is it? It is the technology that employs again additional levels of treatment within the treatment device. More thorough and efficient in its capabilities of removing the pollutants that are characteristic of wastewater before you disburse that effluent, the liquid portion of the waste back into the soil. It is achieved levels of treatment capability that have been tested so that this particular product this device meets standards beyond secondary treatment levels. Septic tank provides primary treatment and then you rely on the soil to do the further treatment. This plugs in secondary treatment, which is the combination of anaerobic and aerobic treatment within this treatment device. It then polishes that effluent treats it further so that when you then disburse it to the soils these marginal soil conditions or area conditions are then less dependent on greater amounts of soil. You have more highly treated effluent that you are putting into the ground. The treatment standards are for ninety (90) percent removal of DOD and total suspended solids. That doesn't mean much to the general public. They are treatment parameters that the Health Departments in this case go on as far as recognizing levels of treatment. One thing that we didn't propose, but certainly it can be added to the treatment, some of these Clarus Systems are adding the one for instance in North Queensbury Sewer District install a UV System prior to discharge to the soil. That would be an additional level of treatment and that would be similar to the UV systems that are used for the water systems. It is probably the most common water treatment system for those who take water from the lake is UV treatment. That could get plugged in to the treatment system as well so that is an additional thing. Hundred (100') foot setback standard that is true that standard has been around for a number of years. It used to be fifty (50') feet many years ago and then it went to a hundred (100'). It is a standard that Engineers would have a hard time explaining to you why what that standard is based on. It was a good standard for many years for levels of treatment that were typical of the time. It hasn't changed. It hasn't kept up necessarily with the new technology so that is why we are in the situation where we are requesting the variance eighty (80) feet is the standard. I am not sure there is anyone is this immediate neighborhood of the people that have commented that have any kind of system that exists that meets that standard. Here is this case we have a property owner that is suggesting that they would provide an additional treatment to help mitigate that lack of separation distance. The last comment about the water testing that used to be done twenty five (25) years ago it was fine and now it is not the case. I don't know if he was saying that the water test that are done have failed in his situation. That is not a major point here, but it is something I scratch my head about. SUPERVISOR STROUGH-One of the concerned members of the public said that during the summer you have exceptionally high usage of these facilities and we all know that's true. On a weekend a nice sunny weekend these places are loaded especially Labor Day. Memorial Day, and things like that. How would this system deal with those kinds of peaks? MR. MACELROY-Any septic system is designed on a flow rate per day, each day, every day, three hundred and sixty five (365) days a years. In this particular case it is a three (3) bedroom house the flow rate of this particular Clarus unit is based on forty hundred and fifty (450) gallons per day, every day, each day all year long. There is no question that some point in time and I say this in general that we may all test our daily capacity of the septic system. If we have septic systems we may all challenge that daily quantity. If that occurs over a significant period of time it could lead to system failure a system overload and failure. The system wouldn't necessarily be designed for peak load, but your average daily flow. The observations of the neighbors that have seen additional use or greater amount of use at this property at some time during the summer months I don't dispute that. I don't have any information that would tell me that it is not right. The question is will the system sustain in the type of use that it gets. Particularly this happens to be a seasonal usage. It is not a seasonal system or seasonal house. It is seasonal usage by these property owners. This is not their primary residence not that it couldn't be. In this particular case they live out of State and they enjoy the property primarily in the summer months. That design rate of four hundred and fifty (450) gallons a day, each day, every day will provide a certain level of capacity for those users. That is equivalent to actually more than four (4) bedrooms. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 14 New York City Health Standards have a flow rate of a hundred and ten (I 10) gallons per bedroom. SUPERVISOR STROUGH-Do some of the Board members have questions? COUNCILMAN IRISH-What size is that tank? MR. MACELROY-The Clarus Fusion 450 FX. It is rated at four hundred and fifty (450) gallons. COUNCILMAN VANNESS-The standard per bedroom is a hundred and ten (110) gallons per day, correct? MR. MACELROY-Correct. If you have three (3)bedrooms you would have to have a system that is capable of three hundred and thirty (330) gallons a day or four hundred and forty (440) for four (4) bedrooms, five hundred and fifty( 550) for five (5) bedrooms. COUNCILMAN CLEMENTS-So you say this is sized for four (4)bedrooms with a three (3) bedroom cottage. MR.MACELROY-Technically, I don't want to get into that whole issue.... COUNCILMAN IRISH-You indicated and I think you said the same thing when we were up there looking at the property. That they have been pumping often when there are people there in the summer time. Do we know if they have done that because the leach field itself may be compromised? MR. MACELROY-I guess we don't know that. They have done it being good users or they are worried that there is a problem or that they know that there is a problem, I can't answer that. I know what I have been told. Again I would like to think installing a new system with enhanced treatment is a good thing. SUPERVISOR STROUGH-It is good and its better, but I don't know... COUNCILMAN VANNESS-I spoke to Dennis when we were up there about a holding tank and we looked at the system. First and foremost, I am glad to see the residents here that are talking about it now. I would hope that in the very near future as we are going through the issues with the Association that the group that we formed in Dunhams Bay the willingness of people to move forward to holding tanks stays with us as it is here right now. People systems are failing. They want to put holding tanks in and I am glad that we've got six (6), seven (7), eight (8), residents that have come here today that have said holding tanks are the thing to do. That is what they want to see and I hope that stays with us as we move along around Lake George checking sewer systems. Having said that, after we spoke with Dennis, Dennis can you tell me how big of a holding tank and it may be only a guess. I don't want to put you on a point in that area where that new system was going to be in the front of the house where we said the tanks would have to be. How big of a holding tank would you say that would be able to be put in that area? I am basically thinking that is probably where they would put a holding tank. How big of a holding tank would you say would fit in that area if we were to put one in there? MR. MACELROY-First of all Queensbury's standards require I think for a three (3) bedroom system would be thirty five (3,500) gallon capacity. MR. VANNESS-Okay. MR. MACELROY-Capacity. You would probably do that in two (2)tanks. MR. VANNESS-Okay. MR. MACERLOY-It could fit in that grass area that you saw. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 15 MR. VANNESS-I thank you for that. Secondly, I want to say that anybody that is here. We met with Dennis and spent a better part of forty (40) minutes with us up there explaining everything to us. Like I said, I don't claim to be a sewage guru by any means. What he explained to us and how he went, and we spoke about a holding tank as we were there. He was very honest with us, very upfront, he spoke true to us, didn't pull any punches. I respect that and appreciate that out of you Dennis basically that it I'm done. SUPERVISOR STROUGH-Any further questions with the holding tank? COUNCILMAN IRISH-I'm okay with the suggestion but the application is for a septic system so we would have to, do we have to vote on this, table this? SUPERVISOR STROUGH-Is the consensus of the Board is to go with the holding tank? COUNCILMAN METIVIER-I am so intrigued with these systems. I wished I knew more about them. The problem is they are being introduced in the most critically environmental areas that we have in Town. Have you ever considered, not you, but even the Town can we experiment with these in areas where they don't need them so we can get some more data? COUNCILMAN IRISH-I bet if you paid for them you could. COUNCILMAN VANNESS-Tony I know you asked that question. The only thing and I think that you hit on it briefly there. I don't mean to interrupt and take your time. One section and Doug and I were sitting here looking. There is a section in there that states that it may be a requirement by the Town or by someone it wouldn't surprise me to see APA come out with it. That they want an ultraviolet treatment added to this or another type treatment added to it to clean the effluent as it comes out of there. There is additional cleansing to it that doesn't do all the cleansing... COUNCILMAN METIVIER-I don't think the answer is to throw this system into the ground and then walk away. I think that we would have to require one (1) year, two (2) year, five (5) year, and ten (10) year. MR.MACELROY-There is a maintenance contract that is involved with this. I failed to mention that, but obviously that is very important. When you purchase this the manufacturer of this system requires that there be a maintenance contract. In your RME the North Queensbury Sewer District that requires a maintenance agreement with any systems that are being put in. This isn't within the district. The Town doesn't mandate it, but the manufacturer does in this case so that there would be annual inspections of the system. COUNCILMAN METIVIER-How long does that go on for? MR.MACELROY-It would on for the lifetime of the system theoretically as you are required to renew this. Let me mention something else John perhaps you've met Eric Murdock who has spoken at a couple of these different seminars that I think you have attended. Tony your question about testing these systems in Skaneateles Lake there was a long term demonstration project that installed various technologies and had on going testing it was an EPA funded program. Eric Murdock was the Project Engineer for that testing program. There was a dozen or so of these different technologies the Pure Flow System...Irrigation, the Clarus System. Eric left that job and now represents Clarus so that tells me that he has had a good experience knowing that the results and the testing of it. There is New York State experience with that in a lake setting that represented the technology as being a high level of treatment. It is not a fly by night situation. It has testing. There was a comment made about if it cost ten thousand (10,000) dollars then we would all do it. Well it doesn't cost ten thousand (10,000) dollars in all applications so I don't want to give anyone that impression that this is a magic pill it can cure everybody's ills for ten thousand (10,000) dollars. It happens to be suitable for this particular site application. Others there might be another technology and others might require a holding tank I have been before you with all those scenario's options. SUPERVISOR STROUGH-Dennis I think you are one of the best in the field. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 16 MR. MACELROY-Thank you. SUPERVISOR STROUGH-I think that the Clarus system is a good system. Given the restrictions of the size of the lot the location of the lot and the other concerns shared by the public from what I am hearing from my Board we're going to table this and we wish that the applicant might consider a holding tank. MR. MACELROY-Okay. TOWN COUNSEL, HAFNER-Was it moved and seconded? SUPERVISOR STROUGH-No. I need a motion and a seconded. TOWN COUNSEL, HAFNER-No there is no action. MR. MACELROY-No action as in... TOWN COUNSEL, HAFNER-Do you want them to deny it? MR. MACELROY-No. Tabling is not the way to go. Just leave it open. What would be the next step. TOWN COUNSEL, HAFNER-I understood them that they would like to have an application to replace this that has a holding tank. If so at that time that will close this one and move forward with that. COUNCILMAN IRISH-Or they could decide to do nothing and see what happens. MR. MACELROY-Continue as is. TOWN COUNSEL, HAFNER-Or they can come back and ask the Board to make a decision. COUNCILMAN CLEMENTS-Did you also say that there was a way to further treat the water? MR. MACELROY-With UV treatment that is really an effort to get the pathogens removed. Two (2') feet of soil will do that as well. COUNCILMAN CLEMENTS-I remember you telling me three (3) feet this way and three (3') feet this way. MR. MACELROY-That is an additional margin of safety I suppose that used to be included. SUPERVISOR STROUGH-With the holding tank we know where it is and we know where it is not. If she gets the kind of tank that is designed for traffic it would add a parking space for her, which looks like it a premium in that particular area. MR. MACELROY-So is a little bit of grass. SUPERVISOR STROUGH-Yes I know. MR. MACELROY-With no action nothing needs to be further applied. It is not denied. SUPERVISOR STROUGH-I think you understand where we want to go with this application. PUBLIC HEARING TO REMAIN OPEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES TOBIN RESOLUTION NO.: BOH 29,2015 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 17 WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, James Tobin has applied to the Local Board of Health for variances from Chapter 136 to install a replacement on-site subsurface wastewater treatment system with the absorption trenches to be located±88' and±90' from the well on the property in lieu of the required 100' distance(s) on property located at 15 Dark Bay Lane, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, November 2"d 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James Tobin's sewage disposal variance application concerning property located at 15 Dark Bay Lane, Queensbury(Tax Map No.: 239.18-1-34) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500' of the applicant's property as required by law. Duly adopted this 19th day of November, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 30,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 18 RESOLVED, that the Queensbury Board of Health adjourns and moved back into the Town Board of the Town of Queensbury. Duly adopted this 19th day of October, 2015, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT:None 2.0 PUBLIC HEARINGS PUBLIC HEARINGS— QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 PUBLICATION DATE: OCTOBER 9, 2015 SUPERVISOR STROUGH-I will opened the public hearing. Is there anybody in the public that would like to speak to the proposed adoption of the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2016? Seeing none, do I hear a motion? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO. 359,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brain Clements WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the Queensbury Consolidated Sanitary Sewer District 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 WHEREAS, the Town Board duly conducted a public hearing on Monday, October 19t1i 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 19 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 19th day of October, 2015 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT:None PUBLIC HEARING—RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 PUBLICATION DATE: OCTOBER 9, 2015 SUPERVISOR STROUGH-I will open the public hearing on a Resolution Adopting Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2016. Is there any member of the public that wishes to speak to this resolution? Seeing none, do I hear a motion? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO. 360,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the Reservoir Park Sanitary Sewer District 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 WHEREAS, the Town Board duly conducted a public hearing on Monday, October 19t1i 2015 and heard all interested persons, REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 20 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, 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 19th day of October, 2015 by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None PUBLIC HEARING — ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 PUBLICATION DATE: OCTOBER 9,2015 SUPERVISOR STROUGH-Is there anyone that would wish to speak to this? Seeing none, I will close the public hearing. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO. 361,2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sanitary Sewer District 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 WHEREAS, the Town Board duly conducted a public hearing on Monday, October 19t1i 2015 and heard all interested persons, REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 21 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, 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 19th day of October, 2015 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None PUBLIC HEARING — SOUTH QUEENSBURY-QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 PUBICATION DATE: OCTOBER 9TH,2015 SUPERVISOR STROUGH-Any member of the public wish to speak to this resolution? Seeing none, is there an introduction to adopt? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY—QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO. 362,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury— Queensbury Avenue Sanitary Sewer District 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 WHEREAS, the Town Board duly conducted a public hearing on Monday, October 19t1i 2015 and heard all interested persons, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 22 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, 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 19th day of October, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None PUBLIC HEARING WEST QUEENSBURY SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 PUBLICATION DATE: OCTOBER 9TH,2015 SUPERVISOR STROUGH-I will open the public hearing. Any member of the public wish to speak to this. PHIL BUTTLING-I just have a question for the Board. We have some students from Queensbury here. They are listening and taking notes. They are not sure what this is all about, what a tax map and a tax roll is. I would ask the Board to explain this to the kids so they can do their reports. SUPERVISOR STROUGH-The best person to explain that is here. Superintendent of Water and Wastewater, Mr. Chris Harrington would you give us a quick overview please. WATER WASTEWATER SUPERINTENDENT, MR. HARRINGTON-Sure. The way this is done this is very different than water for the water district we use property values the assessed value the ad valorem. From my understanding when the sewer districts were established, Quaker Road Sewer District back in the late eighties they also tried to use ad valorem. From what I was told the residential homeowners paid dearly for the sewer district. I believe Steve Borgos was one of the main instruments to see how we can allocate the sewer tax based on how much benefit you get from the sewer. As we all know, commercial really wants sewer. Sewer is very valuable to commercial properties more so they felt than residential. As I understand it they looked at other communities like Guilderland, Town of Colonie, Town of Bethlehem, they probably looked at Queensbury and figured what they could grab from Guilderland and those communities. The way I think they looked at it they said, okay let's look at vacant residential they used acres. They decided to make that the standard bearer lets call that one (1) acre unit. Then they looked at what probably an occupied residential piece of property was in relation to the value of the ad valorem so they decided to make that three (3) acre unit for one (1) acre make that three (3)times the value of a vacant so that got that set for residential. What they said is okay, who really benefits. They looked at commercial property and they appropriately assigned units or valuations to commercial whether it be vacant or occupied. Let's say, vacant residential they assigned one (1) unit. They decided back in the early nineties that that is one (1) unit for vacant residential they said we are going to say commercial is three (3)times as valuable vacant. It is all about who benefited the most from the sewer. Queensbury was built in such a way where yay, we want this development we want to get the sales tax, but we want residential to get a value out of it. When the water district and the sewer districts they wanted the commercial people to pay most of the greater share of they felt was the tax to lower the impact on the residential. Conversely they also stated if you have wetlands on it or deed restriction they would REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 23 lower the value of that. It would become that less valuable and they assigned a unit to that. We go through and for Queensbury Consolidated or let's say Main Street you assign a valuation to each property. If it is vacant residential it gets this. If it is occupied it get this many units. If it is commercial it gets this many units. We tally up the number of units the number of points we take the debt service and then we divide it per unit. Then we assign a valuation to that and usually most of the time the commercial pays the greater share. There is one district that we use O & M. Reservoir Park. Actually they get the water from Glens Falls and we don't have water meters there so we fund that district through the benefit tax that way. That is pretty much who benefits the most and commercial benefits much more from waste water sewers than your residential do. This is how it came about back in the early nineties when Queensbury was going through the growth. How do we allocate taxes fairly particularly with wastewater. MR. BUTTLING-This is approving the values assigned? COUNCILMAN METIVIER-Yes. Does anybody want the values? SUPERVISOR STROUGH-We had a previous resolution setting the number of units and anybody could contest that. Then we take the number of units divide it up by the capital costs and that determines how much everyone has to annually pay. It some cases it is three (300) hundred, four (400) hundred, a thousand (1,000) depending on number of units your property was assigned. There was an opportunity for property owners to come in and speak to that. DOUG AUER-John, it might be wise to explain... WATER WASTEWATER SUPERINTENDENT, HARRINGTON-This is to fund a debt service with the exception of Reservoir Park. COUNCILMAN METIVIER-Is it just debt service or is it operation? WATER WASTEWATER SUPERINTENDENT, HARRINGTON-Reservoir Park is operations. Reservoir Park has no debt and again normally if it was in the Queensbury Water District we would bill it a different way. It is served by Glens Falls water we have to go by a different way to fund it. COUNCILMAN VANNESS-If you take a look at it on the residential end of it most of them average between three (300) and five (500) hundred dollars per year per sewer for residential for the most part. WATER WASTEWATER SUPERINTENDENT, HARRINGTON-It is very different like for West Queensbury yes, four(400) hundred dollars for Queensbury Consolidated (12)twelve dollars, for Route 9 a hundred and fifteen (115) dollars. COUNCILMAN VANNESS-So you get into the commercial end of it that is where it makes a difference. SUPERVISOR STROUGH-Any other members of the public wish to speak to Resolution 2.5, Adopting West Queensbury Sanitary Sewer District Benefit Tax Roll for 2016. Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING WEST QUEENSBURY SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO. 363,2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 24 WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the West Queensbury Sanitary Sewer District 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 WHEREAS, the Town Board duly conducted a public hearing on Monday, October 19t1i 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, 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 19th day of October, 2015 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT:None PUBLIC HEARING—ENACT AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN,NEW YORK PUBLICATION DATE: OCTOBER 2ND,2015 SUPERVISOR STROUGH-Is there any member of the public that wishes to speak to our proposal to put stop signs on the four way intersection of Dorlon Drive, Baybridge Drive and Gentry Lane, seeing none any thoughts comments on the Board, hearing none, motion to introduce. PUBLIC HEARING CLOSED RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN,NEW YORK RESOLUTION NO. 364,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 25 SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board has considered whether to amend Ordinance No. 28 by adding a four-way stop intersection at the intersection of Dorlon Drive, Baybridge Drive and Gentry Lane, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed Amendment to Ordinance No. 28 on Monday, October 19th 2015 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting by adding a four-way stop intersection at the intersection of Dorlon Drive, Baybridge Drive and Gentry Lane, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk's Office, and the Amendment to Ordinance No. 28 shall take effect ten(10) days after publication. Duly adopted this 19th day of October, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 26 ABSENT:None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT 3 MINUTES) CHRISTOPHER LYNCH-Spoke to the Board regarding his support for Resolution Setting Public Hearing Designating Marl Fens and Adjoining Lands at Floyd Bennett Memorial Airport. RON BALL-Spoke to the Board regarding his support for Resolution Authorizing Permit Between NYS Office of General Services and Town of Queensbury Regarding use of Parking Area for Users of Rush Pond Trail. Spoke regarding Resolution Authorizing Acceptance of$1,435 Donation from Zack Buttling Toward Construction and/or Posting of Rush Pond Trail Signs noted it is a great deed that Zack Buttling is doing appreciates someone doing this especially an Eagle Scout. 4.0 RESOLUTIONS RESOLUTION APPOINTING KEVIN AVERY AS GIS & UTILITIES LOCATION TECHNICIAN AT TOWN WATER DEPARTMENT RESOLUTION NO. 365,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 287,2003, the Queensbury Town Board established the full-time Union position of GIS & Utilities Location Technician in the Town's Water Department, and WHEREAS, there is currently a vacancy in the position, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Kevin Avery in such position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kevin Avery as a full-time GIS & Utilities Location Technician in the Town's Water Department effective on or about October 2011i 2015 subject to the Town successfully completing a pre- employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Avery's completion of a six(6) month probationary period, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 27 RESOLVED, that Mr. Avery shall be paid the hourly rate of pay for the GIS & Utilities Location Technician position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2016 PRELIMINARY BUDGET RESOLUTION NO.: 366, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2016, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2016, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 28 RESOLVED, that copies of the 2016 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Monday, November 2"d 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2016 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2016, which includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on Monday, November 2"d 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2016 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCIL,PERSON(4) 18,000. TOWN CLERK 66,442. REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 29 TOWN HIGHWAY SUPERINTENDENT 67,161. TOWN JUSTICES (2) 42,969. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT : None RESOLUTION AUTHORIZING ACCEPTANCE OF$1,435 DONATION FROM ZACK BUTTLING TOWARD CONSTRUCTION AND/OR POSTING OF RUSH POND TRAIL SIGNS RESOLUTION NO.: 367,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Zack Buttling earned $1,435 as part of an Eagle Scout project, and has offered to donate such $1,435 to the Town of Queensbury toward the construction and/or posting of signs related to the Town of Queensbury's Rush Pond Trail Project, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with New York State Town Law §64(8), hereby approves and accepts the $1,435 donation from Zack Buttling to be used toward the construction and/or posting of signs related to the Town of Queensbury's Rush Pond Trail Project, and REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 30 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Donations Revenue Account and Appropriations Account No.: 001-7110-4400 by $1,435, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a certified copy of this Resolution to Mr. Buttling with a letter from the Town thanking him for his generosity. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 368,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 31 WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager, to be sold as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Asset Item Serial Number No. Dept DELL COMPUTER FC5RQ 3643 HISTORIAN DELL COMPUTER WINDOWS XP 7BRLT41 4231 IT DELL COMPUTER VOSTRO 200 XP 4DJ5KD1 4318 PARKS DELL VOSTRO COMPUTER F540MF1 7517 CLERK DELL COMPUTER WINDOWS VISTA 2HGFLGI 9043 HISTORIAN DELL COMPUTER WINDOWS 7 DTDSMNI 9065 ASSESSOR DELL COMPUTER WINDOWS 7 DTDTMNI 9066 ASSESSOR DELL COMPUTER WINDOWS VISTA H2TJMN1 9068 ASSESSOR DELL COMPUTER WINDOWS 7 DTFRMNI 9069 ASSESSOR DELL COMPUTER WINDOWS 7 H2TLMN1 9071 ASSESSOR DELL COMPUTER WINDOWS 7 G6YYTR1 9076 CODES DELL COMPUTER WINDOWS VISTA 754DMF 1 9088 IT DELL COMPUTER WINDOWS 8 G6XYTR1 9102 ACCT. DELL COMPUTER WINDOWS 7 G6X2TR1 9105 ACCT. COMPAC2 PRESARIO COMPUTER XP MXK35023QT N/A IT ACER ASPIRE COMPUTER 32702017130 N/A IT WINDOWS 8 HP LASERJET 1022 PRINTER CNBC57SIXV N/A PARKS 9-DELL MONITORS VARIOUS N/A IT CONFERENCE ROOM TABLE N/A N/A BLDG& GROUNDS POOL TABLE (ACTIVITY CTR) N/A 2159 BLDG& GROUNDS REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 32 AIR-FLO SANDER/SPREADER N/A 4191 HIGHWAY AIR-FLO SANDER/SPREADER N/A 4192 HIGHWAY ICE O WAY SANDER/SPREADER N/A N/A HIGHWAY DROID MOTOROLA MOBILE PHONE N/A 9144 HIGHWAY NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Asset Item Serial Number No. Dept DELL COMPUTER FC5RQ 3643 HISTORIAN DELL COMPUTER WINDOWS XP 7BRLT41 4231 IT DELL COMPUTER VOSTRO 200 XP 4DJ5KD1 4318 PARKS DELL VOSTRO COMPUTER F540MF1 7517 CLERK DELL COMPUTER WINDOWS VISTA 2HGFLGI 9043 HISTORIAN DELL COMPUTER WINDOWS 7 DTDSMNI 9065 ASSESSOR DELL COMPUTER WINDOWS 7 DTDTMNI 9066 ASSESSOR DELL COMPUTER WINDOWS VISTA H2TJMN1 9068 ASSESSOR DELL COMPUTER WINDOWS 7 DTFRMNI 9069 ASSESSOR DELL COMPUTER WINDOWS 7 H2TLMN1 9071 ASSESSOR DELL COMPUTER WINDOWS 7 G6YYTR1 9076 CODES DELL COMPUTER WINDOWS VISTA 754DMF 1 9088 IT DELL COMPUTER WINDOWS 8 G6XYTR1 9102 ACCT. DELL COMPUTER WINDOWS 7 G6X2TR1 9105 ACCT. COMPAC2 PRESARIO COMPUTER XP MXK35023QT N/A IT ACER ASPIRE COMPUTER 32702017130 N/A IT REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 33 WINDOWS 8 HP LASERJET 1022 PRINTER CNBC57SIXV N/A PARKS 9-DELL MONITORS VARIOUS N/A IT CONFERENCE ROOM TABLE N/A N/A BLDG& GROUNDS POOL TABLE (ACTIVITY CTR) N/A 2159 BLDG& GROUNDS AIR-FLO SANDER/SPREADER N/A 4191 HIGHWAY AIR-FLO SANDER/SPREADER N/A 4192 HIGHWAY ICE O WAY SANDER/SPREADER N/A N/A HIGHWAY DROID MOTOROLA MOBILE PHONE N/A 9144 HIGHWAY and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items, and BE IT FURTHER, RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT : None RESOLUTION AUTHORIZING RENEWAL CONTRACT FOR BLUE VIEW VISION INSURANCE PLAN— JANUARY 1, 2016—JUNE 30,2017 REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 34 RESOLUTION NO. 369,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury previously entered into an employee group health insurance agreement with Blue View Vision, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated a renewal contract for January 1, 2016 — June 30, 2017 with Blue View Vision and a copy is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal contract for January 1, 2016 — June 30, 2017 with Blue View Vision substantially in the form presented at this meeting, with the monthly premiums to be as follows: INDIVIDUAL TWO PERSON FAMILY BLUE VIEW 4.27 8.33 12.38 VISION and BE IT FURTHER RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town's health insurance policies that are beyond the Town's control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the contract substantially in the form presented at this meeting and any other necessary documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 35 RESOLUTION SETTING PUBLIC HEARING DESIGNATING MARL FENS AND ADJOINING LANDS AT FLOYD BENNETT MEMORIAL AIRPORT AS CRITICAL ENVIRONMENTAL AREAS PURSUANT TO §617.14(g) OF RULES AND REGULATIONS OF NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO. 370,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board is authorized to designate specific geographic areas within the Town of Queensbury as critical environmental areas in accordance with the rules and regulations of the New York State Department of Environmental Conservation adopted in accordance with the authorization and directives of the State Environmental Quality Review Act, and WHEREAS, two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of the New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet appear to be exceptional and unique character and a critical environmental area, and WHEREAS, the Town Board is considering the designation of such area as a critical environmental area as the aforesaid area may meet criteria contained in §617.4(g) of the Official Compilation of Codes, Rules and Regulations of the State of New York for the Department of Environmental Conservation as having exceptional or unique character covering one or more of the following: A) a benefit to human health; B) a natural setting (e.g. fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); C) agricultural, social, cultural, historic, archaeological, recreational, or educational values, or D) an inherent ecological, geological, or hydrological sensitivity to change which may be adversely effected by any change; and REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 36 WHEREAS, in the event that the Town Board should designate the aforesaid area as a critical environmental area, the potential impact of any Type I or Unlisted Action on the environmental characteristics of the CEA is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to §617.7 of this Part, and WHEREAS, in accordance with such rules and regulations of the Department of Environmental Conservation, prior to designating any area within the Town of Queensbury as a critical environmental area, a written public notice must be issued and a public hearing held, 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, Warren County, New York, on Monday, November 2"d 2015, at 7:00 p.m., for the purpose of conducting a public hearing to hear all persons interested in the subject thereof, in person or by way of agent and to entertain any comments concerning the proposal to designate two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet as a critical environmental area, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning this Resolution in the official newspaper of the Town of Queensbury and in the manner provided by law. Duly adopted this 19th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES : None AB SENT:None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF OCTOBER 20TH, 2015 RESOLUTION NO.: 371,2015 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 37 WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October lath,2015 and a payment date of October 20th 2015, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October lath.2015 and a payment date of October 20th,2015 totaling$28,381.20, 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 19th day of October,2015,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT :None RESOLUTION AUTHORIZING PERMIT BETWEEN NYS OFFICE OF GENERAL SERVICES AND TOWN OF QUEENSBURY REGARDING USE OF PARKING AREA FOR USERS OF RUSH POND TRAIL RESOLUTION NO.: 372,2015 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town Board authorized establishment of the Multi-Use Rush Pond Bicycle/Pedestrian Trail(Trail),and WHEREAS,the Town's Department of Parks and Recreation requested permission of the New York State Office of General Services (NYS) for creation of a 40' z 60' formal parking area with appropriate signage at NYS' small parking area adjacent to the State SEMO facility at 5 Fox Farm Road, Queensbury to provide Trail users with adequate parking, such parking area to be maintained by Parks and Recreation staff, and WHEREAS, NYS has provided the Town with a proposed Permit No.: UPL-0169 (Permit) providing for such use of such parking area and such Permit may be renewed on an annual basis for the annual Permit fee of$1, and WHEREAS, the proposed Permit is presented at this meeting and is in form acceptable to Town Counsel, REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 38 NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes the Permit No.: UPL-01 69 between the NYS Office of General Services and the Town of Queensbury regarding use of the small parking area adjacent to the State SEMO facility at 5 Fox Farm Road, Queensbury as set forth in the preambles of this Resolution, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such Permit substantially in the form presented at this meeting along with any other needed documentation, and the Town Supervisor, Town Budget Officer and/or Parks and Recreation Director to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of October,2015,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF ADIRONDACK MOUNTAIN ENGINEERING, PC FOR PROVISION OF WATER OPERATOR STAFFING SERVICES FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 373,2015 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbun- Town Board wishes to enter into an Agreement for water operator staffing services for the Town Water Treatment Plant when and only when emergency situations arise and the Town Water Department has an emergency need to fill required operating staffing,and WHEREAS, Adirondack Mountain Engineering, PC has offered to provide such services as delineated in its proposal dated September 29,2015 and presented at this meeting,and WHEREAS,the Town Board wishes to authorize such services, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 39 RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Adirondack Mountain Engineering, PC for provision of water operator staffing services for the Town Water Treatment Plant as set forth in Adirondack Mountain Engineering's proposal dated September 29,2015 and presented at this meeting,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Professional Services Agreement presented with Adirondack Mountain Engineering, PC's September 29, 2015 proposal substantially in the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER RESOLVED, that payment for such services shall be from the appropriate accounts as may be determined by the Town Supervisor,Water Superintendent and/or Town Budget Officer,and BE IT FURTHER RESOLVED, that the Town Board and authorizes and directs the Town Supervisor, Water Superintendent 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 19th day of October,2015,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT: None 5.0 CORRESPONDENCE DEPUTY CLERK O'BRIEN-Supervisors September Monthly Report for Building and Codes and Community Development on file in Town Clerks Office. 6.0 PRIVILEGE OF THE FLOOR(LIMIT— 4 MINUTES) DOUG AUER, 16 OAKWOOD DRIVE-Spoke to Supervisor Strough regarding the Siemens matter. KATHLEEN SONNABEND-Spoke to the Board regarding the resolution that was passed on September 2811i 2015 to send Fowler Square back unchanged to the Planning Board as a PUD. Also spoke to the Board regarding the Siemens matter. JOHN SALVADOR-Spoke to the Board regarding Councilman Metivier statement on educating marine operators and the proper dispensing of fuel. The DEC has issued the Bulk Storage Regulation Notice telling that the regulations have been revised stated he does not want the Town to enter into this. The DEC has the responsibility for regulating bulk storage. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV) • Nothing to report COUNCILMAN IRISH (WARD III) REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 40 • Received calls from residents in his Ward with concerns about trying to pull out onto Aviation Road in the morning. They are having trouble with people parking at the end of the roads waiting for the Bus. Have asked to have No Parking Signs put up within so many feet of the Stop Signs. Asked Highway Superintendent Tom VanNess to look into this. COUNCILMAN CLEMENTS (WARD II) • Nothing to report COUNCILMAN METIVIER(WARD I) • Spoke regarding Workshop that was held last week regarding the Septic Transfer Law. Mentioned doing this throughout Warren County noting we need to keep moving forward. • Great things happening in Queensbury. Take a ride up to West Mountain. The towers are in place for the new lift. Special Olympics were in Town this week. My daughter participated. It was a great event for those athletics. SUPERVISOR STROUGH • Received a thank you letter from Lynn Stancliff, representing the Sister Cities Committee. • The hundred thousand dollars that Betty Little's Office suggested that we request for the Halfway Brook Trail we got it • Congratulations to George Hilton. He has been certified by the GIS Certification Institute as a Certified Geographic Information Systems Professional. • Fire Marshals September Activity Report • Leaf pick up the second week of November. The Town will come back around in Ward III and maybe the other Wards. • Chapman Museum wrote a thank you letter to the Cemetery Department regarding the Cemetery Tour Fundraiser that they had at the Pine View Cemetery. • The Solar Round Table that was held Thursday night was a big success. • Beautification Awards goes to: John& Cynthia Coulter, 120 Jenkinsville Road. Michael & Patricia Shea, 73 Masters Common South. Anthony & Robin DeMattos 24 Mohawk Trail. Annalee Novak, 26 Westland Avenue. Commercial Properties: T. Hoffman Realty, 265 Quaker Road. MBL Properties Evergreen Plaza. Angio Dynamics, Queensbury Avenue. • Spoke regarding matters relating to County Administrator, Paul Dusek and Fowler Square. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 374, 2015 REGULAR TOWN BOARD MEETING, 10-19-2015, MTG#33 41 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 19th day of October, 2015,by the following vote: AYES: Mr. Irish, Mr.VanNess, Mr.Strough, Mr.Metivier, Mr.Clements NOES: None ABSENT:None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY