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2005-11-07-MTG50 Regular Town Board Meeting 11-07-2005 MTG#50 66 REGULAR TOWN BOARD MEETING MTG#50 TH NOVEMBER 7, 2005 RES 508-529 7:10 P.M. B.H. 30-32 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, JENNIFER SWITZER SUPERINTENDENT CEMETERIES, MICHAEL GENIER WASTEWATER DIRECTOR, MICHAEL SHAW DIRECTOR BUILDING & CODES, DAVE HATIN FACILITIES MANAGER, CHUCK RICE PRESS POST STAR TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 508, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters into the Queensbury Board of Health. th Duly adopted this 7 day of November, 2005, by the following vote: AYES::Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD NOTICE SHOWN DEPUTY TOWN CLERK O’BRIEN-We have a public hearing to set a public hearing on a sewer variance for James Ogden. One was submitted earlier it has been withdrawn so we are going to open the public hearing close it then set a new public hearing for th November 28. Regular Town Board Meeting 11-07-2005 MTG#50 67 SUPERVISOR STEC-We had an application we had set the public hearing for a sewage disposal variance for James Ogden. I will open that public hearing, but as the Clerk pointed out the applicant has withdrawn that application submitted a new application so we will be entertaining a resolution in a couple minutes to set another public hearing for th November 28. The public hearing on the application that has been pulled is opened. PUBLIC HEARING OPENED SUPERVISOR STEC-I’m not sure if there is anyone that has come out that really wants to address this application. If there is just raise, your hand and I’ll call on you. PUBLIC HEARING CLOSED . RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES OGDEN RESOLUTION NO.: BOH 30, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Ogden has applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system: 1.1.8’ from the north property line instead of the required 10’ setback; and 2.1.50’ from the south property line instead of the required 10’ setback; on property located at 11 Fitzgerald Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, November 28, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James Ogden’s sewage disposal variance application concerning property located at 11 Fitzgerald Road in the Town of Queensbury (Tax Map No.: 289.18-1-14) 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 Regular Town Board Meeting 11-07-2005 MTG#50 68 copy of the Notice to neighbors located within 500 feet of Mr. Ogden’s property as required by law. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None PUBLIC HEARING SANITARY DISPOSAL VARIANCE FOR JOSEPH PARISI NOTICE SHOWN TOM CENTER, NACE ENGINEERING REPRESENTING AGENT SUPERVISOR STEC-This public hearing was set a few weeks ago. This is for an on-site sewage disposal. The two variances sought are one foot from the property line instead of ten feet and eighty nine point seven feet from his well instead of the required one hundred feet. The property is located at 32 North Lane on Assembly Point. I will open the public hearing. PUBLIC HEARING OPENED MR. CENTER-Mr. Parisi has an existing failed system that would be located somewhere underneath the existing system that we show here, exact location could not be determined, but it is in this area. There is a driveway currently some crushed stone area that you can see that goes over the existing system that is going to be removed for the new system. The new system is a bed design for the three-bedroom house. We are hoping that by using a shallow type system we will be directing the storm water around the system. Currently the way it sits storm water comes off the road and goes across the system; I think that was part of the problem along with that crushed gravel that was up in the front corner that possibly caused the failure. We will be pumping up to this bed with a pump using the existing twelve hundred and fifty gallon septic tank. SUPERVISOR STEC-One question. Is there high groundwater here? MR. CENTER-We had in a test pit that we did we found the soil was moist or the modeling layer was at thirty-six inches. We did not determine any ground water in the pit to sixty-three inches, but we are using that line of demarcation the modeling as our boundary condition, which has been used in the past so seasonal high groundwater is potentially up into that right at thirty-six inches. COUNCILMAN BOOR-The other question that I have is certainly I’m not an engineer, but your percolation test you only dug a twelve-inch hole what does that tell you. MR. CENTER-The percolation test is done in the location of where the soil and the affluent will interface. When you do a standard percolation test for a standard trench the one inch that you are measuring is at the bottom of where the stone trench will sit. So instead of going down twenty-four inches into ground water where that interfaces is not going to be you are doing it at the actual interface, which is approved… COUNCILMAN BOOR-You say twenty-four inches as an example not that there is twenty-four inches. MR. CENTER-Twenty-four inches as an example. You dig a standard percolation test you dig a thirty inch deep hole and you are testing at twenty-four inches. In this case, our bottom of our stone trench is going to be close to that interface level. We are going to Regular Town Board Meeting 11-07-2005 MTG#50 69 also stripe the topsoil off that’s why we want to know the percolation rate where that soil and stone interface that sets the size of the system. COUNCILMAN BOOR-So in August when you went sixty-three inches there was no water? MR. CENTER-That’s correct. COUNCILMAN BOOR-One other thing. You got the two fifty foot long then this ten foot by fifty-five is that…. MR. CENTER-That’s the bed limits to stone. COUNCILMAN BOOR-As far as the number of bedrooms and when you do those types of calculations how does that play in that? MR. CENTER-The application rate is set within the book. They take twenty percent off. There is a twenty percent difference so your field is actually bigger than it would be if it were sized as trenches for the application rate so you end up with a larger area because you don’t have that soil in-between the trenches. COUNCILMAN BOOR-How many of those have we done? MR. CENTER-Bed systems? COUNCILMAN BOOR-That type that you’ve got right there. MR. CENTER-We’ve done many of them throughout it is standard. We’ve done it with Mr. Sweet and numerous replacement style systems throughout the Town. Where we don’t have the room to run trenches, we’ve installed replacement beds. COUNCILMAN BOOR-Have we seen one of those? I mean we wouldn’t see it unless there was a variance being requested, I just don’t remember seeing one like that. MR. CENTER-I would have to look back in the past. I think we have presented a few beds where we had space limitations. We are trying to limit the separation from the well from the house. There was a well across the street, but that’s been abandoned this summer. There was some limitation to try and maintain a hundred feet from that well on the corner of North and Forest Road opposite those folks, cut and cap that well. COUNCILMAN BOOR-That was what I was going to ask when you say abandoned it was disconnected? MR. CENTER-Yeah, I believe there are some sort of Shore Colony Water District there so those persons hooked up to the water district at some point. SUPERVISOR STEC-Other questions from board members. COUNCILMAN STROUGH-Neighbors across the street on the other side of Forest Road also tied in with municipal system. MR. CENTER-Yes, sir. COUNCILMAN STROUGH-It is three bedrooms. MR. CENTER-Yes, sir. COUNCILMAN STROUGH-Any hot tubs or spas? MR. CENTER-No, sir. COUNCILMAN STROUGH-Any garbage grinder? Regular Town Board Meeting 11-07-2005 MTG#50 70 MR. CENTER-No, sir. COUNCILMAN STROUGH-What is the distance from the septic tank to the structure? MR. CENTER-From the septic tank to the distribution box or the… COUNCILMAN STROUGH-The structure itself. MR. CENTER-The new pump station or the house. COUNCILMAN STROUGH-The house. MR. CENTER-I believe its ten feet plus. That’s an existing twelve fifty we’re not replacing the septic tank. COUNCILMAN BOOR-Your not moving it. MR. CENTER-We’re not moving it we’re just going right out of the outlet of that tank to the pump station. COUNCILMAN STROUGH-Is their well cased? MR. CENTER-I believe so it does have a cap and the casing is sticking out of the ground. COUNCILMAN STROUGH-Is the well they don’t have the geography on here is the well down flow from the filtration bed? MR. CENTER-It will be, it is. This does sit higher than the well. What we’re doing when this is done because this is a shallow system the storm water will have better direction around the system as opposed to right now it comes across the system. I believe this is part of the problem that caused the failure of the existing system. It was down a little deeper than it should have been. As we can see by the modeling layer has potential to be in ground water. The soil is tight the deeper you go it gets more compact as you can by the soils data. By putting in a shallow system, we are giving it more evaporation and trying to change that interface with that compact layer of soil. COUNCILMAN STROUGH-It is actually going to be a mounded absorption bed system right. MR. CENTER-No, it will be a shallow system being the bottom will be right on the existing surface. COUNCILMAN BOOR-So it is mounded a little. MR. CENTER-It will be raised. It is still a shallow system because we are not putting in fill above the trenches. COUNCILMAN STROUGH-I know. You show mounding here and you did your test pit your perk based on being a mounted system. MR. CENTER-I did it right where the interface would be. COUNCILMAN STROUGH-You are adding soil. MR. CENTER-The trench actually sits on the existing grade. Once this top soil is striped, the stone will sit on that exiting grade then material will be brought in to cover the stone bed. COUNCILMAN STROUGH-Okay thanks. Regular Town Board Meeting 11-07-2005 MTG#50 71 SUPERVISOR STEC-Any other questions from the board? The public hearing is open is there any members of the public that would like to comment or ask any questions about this public hearing? PUBLIC HEARING OPENED NO PUBLIC COMMENT PUBLIC HEARING CLOSED COUNCILMAN BREWER-Dan I just have one question. It says that the storm water will be directed away from the system, but where is it going to be directed? MR. CENTER-The storm water right now the storm water comes off the road and down across the property. When this is mounded up, the storm water will come down along the road and follow its normal path. Its normal path is straight across towards the house and then down towards the well. So now, it will just follow along the edge of the mound and we will have a swale at the far end to direct it around and down. COUNCILMAN BREWER-Direct it around down where? MR. CENTER-As it normally flows right now down North Lane along the side of the property. This house actually sits up a little bit from the road so there is a little bit of a swale there. COUNCILMAN BOOR-One other question. This is probably going to be more germane to the application that we pulled, but since there is a similar situation here, I’m going to ask it. That is when you go from your grinder pumps or your pumps to a system such as this in this instance it is a very short amount of pipe. I assume when the pump turns on it pumps up the distribution box then the check valve shuts after the float gets to a certain level that the two inch line is now full of water, correct? MR. CENTER-No, it is allowed to bleed back into the design. Your pump up amount to include especially where it’s a long distance to include the amount that would be in that pipe plus eighty percent of the field that you are pumping to you take eighty percent of that size. Then that amount that’s in the pipe flows back to the pump station. You are getting full dose to the system and then that residual because it will stop once it pumps all that amount up that residual flows back in so you have to oversize your pump station a little bit to handle the capacity and move the floats. You are sending the proper dose up but you are also keeping it from freezing by having it drain back into the pump station. COUNCILMAN BOOR-Also when you come back with the application that we pulled I noticed on the drawings there you had the distribution box right after the septic tank on one drawing on the other drawing you had the grinder pump. The grinder pump should be before the distribution box…. MR. CENTER-That may be a notation problem on there. COUNCILMAN BOOR-Okay. I would just ask that you…. MR. CENTER-The pump station would be right next to the septic tank pumping up to the distribution box up top. When we design these things like Mr. Seaboyer’s case, we like the septic tank to be down next to the house and pump effluent that way you are not moving solids. You have more possibility of a failure if you are pumping solids as opposed to pumping effluent. COUNCILMAN STROUGH-I know this has the summer traffic flow maybe not as much of a problem where they are towards the center of Assembly Point. Are they making any assurances to make sure that nobody does park over the filtration bed? MR. CENTER-We have spoken with Mr. Parisi. We are taking that crush stone area out it is going to have a raise to it. It is not going to be conducive to someone pulling on Regular Town Board Meeting 11-07-2005 MTG#50 72 there. We have explained to him at least from my point of view what I think part of what his problem was the parking on there. COUNCILMAN STROUGH-It’s in his own best interest. MR. CENTER-It is in his own best interest to not park on the field. He has a decent size driveway there really should be no need to park over that. I don’t know whether that driveway was added on later, I don’t have enough history on the project to know why that parking was placed up there. When we put the systems in all around the lake like the one we will be seeing next Mr. Smith’s we advise them this isn’t for parking. You have to make sure nobody parks on this; you cannot park a boat on it. COUNCILMAN STROUGH-This isn’t as much of a problem as the Rockhurst one, but we will get to that when we get to that. Thanks. SUPERVISOR STEC-Any other questions from the board. I’ll entertain a motion. RESOLUTION APPROVING JOSEPH PARISI’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 31, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Joseph Parisi filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a septic system: 3.1’ from the property line(s) instead of the required 10’ setback; and 4.89.7’ from his well instead of the required 100’ setback; on property located at 32 North Lane, Assembly Point 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 conducted a public hearing th concerning the variance requests on November 7, 2005, and 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, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other Regular Town Board Meeting 11-07-2005 MTG#50 73 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 applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Joseph Parisi for variances from the Sewage Disposal Ordinance to install a septic system: 1.1’ from the property line(s) instead of the required 10’ setback; and 2.89.7’ from his well instead of the required 100’ setback; on property located at 32 North Lane, Assembly Point in the Town of Queensbury, and bearing Tax Map No.: 226.19-1-58. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None PUBLIC HEARING – SANITARY SEWAGE DISPOSAL VARIANCE RICHARD & CYNTHIA SMITH NOTICE SHOWN OPENED TOM CENTER, NACE ENGINEERING REPRESENTING RICHARD & CYNTHIA SMITH SUPERVISOR STEC-The property location is 112 Rockhurst Road in Queensbury. The variances being sought are one foot from the west and south property lines instead of ten- foot setback. Eight and three quarters foot from the basement instead of the required twenty-foot setback. MR. CENTER-In this system we went up Mr. Sweet contacted me they have a failure in that area that’s clouded just off the existing septic tank where the existing leach field was down three and a half almost four feet deep. It ran down to some stone and perforated pipe. The system has been there for almost forty years and it had a failure. What we’re looking to do here is install a replacement bed system within eight point seven five feet from the basement, which is a block basement closer to the property lines. We measured in the field we got approximately a hundred and one a hundred and two feet to the lakeshore. The drawing that was used we used it through the Warren County GIS Map to lay it out. We still had over close to a hundred feet plus separation at the narrowest point. The shoreline starts to tail in the further north you go. The soils in this area were compact the deeper we dug down they were good cobble sand. We didn’t run into any Regular Town Board Meeting 11-07-2005 MTG#50 74 groundwater to seventy-four inches. There was also no sign of modeling it looks like its well drain material. We had a percolation rate of fourteen minutes per inch. COUNCILMAN BOOR-Mostly my concerns have to do with parking because of what Rockhurst is. I don’t know what assurances we have that people aren’t going to be pulling out of there. A lot of times, it is not the property owner it is parking. COUNCILMAN BREWER-Especially where it is its right there. COUNCILMAN BOOR-As a matter of fact, if you go around a vehicle that’s on the road you are on this system. MR. CENTER-We were attempting to get it as far away from the lake as we could. The existing system was close to the same area. I was trying to keep as little interface with the system in the basement as possible the existing system was deep. If not the same distance maybe, a little bit closer to the basement. In the forty years that it’s been there, they have had no problems with the exiting system even though it was deeper having any problem infiltrating the basement. Being a tight piece of property that was the only good location with the garage being on the other end. COUNCILMAN BREWER-Is there anyway we can require them to put a fence around that at least on this side facing the road to prevent somebody from… COUNCILMAN BOOR-Tim, I would agree with you except for the fact its Rockhurst Road you wouldn’t even be able to get a snowplow you wouldn’t be able to plow the road. MR. CENTER-That would be the problem. COUNCILMAN BOOR-It does raise the question. Here again, you are going to be throwing snow on this thing, which is an insulator. I know we heard those arguments but where is the water going from the snowmelt? MR. CENTER-The slope of this ground does go around the house and down towards the lake. It does tail off; as you get closer to the back part of the house, it goes down towards the lake. Right now, all of the storm water coming down the road comes along the path and then either goes down the neighbor’s property. COUNCILMAN BOOR-Are you in the easement of the road? MR. CENTER -No, sir we laid this system out in the field to make sure we had the proper width that we were putting it on the grass. We had the one foot off the road we staked and walked it back. COUNCILMAN BOOR-The road as delineated by what? MR. CENTER-The road as delineated by the asphalt. COUNCILMAN BOOR-By the asphalt? MR. CENTER-By the asphalt. COUNCILMAN BOOR-But, that might not be the road. COUNCILMAN BREWER-That has to be a road by use that’s not a deeded road is it. MR. CENTER-We were able to find the property corners, which are at the edge of the asphalt. There was a property corner in this corner and a property corner over in the other corner. COUNCILMAN BOOR-You know a road by use they own the center of the road. You are not going to put a septic system under the road. Regular Town Board Meeting 11-07-2005 MTG#50 75 MR. CENTER-We’re off the road. COUNCILMAN BOOR-You are off the asphalt, but you are in the easement. MR. CENTER-Mr. Smith did locate his property corners. COUNCILMAN BOOR-Let me ask you this. We certainly, I think as a board have been very careful and the most restricted with regard to distance from the lake when setting these systems up. By the same token if we put a system so close to the road that it’s guaranteed to be driven on and the efficiency of this system is lost it probably would have been better closer to the lake if the system is going to fail because people are driving on it. Anybody that’s been to Rockhurst knows that if there are two cars passing each other you are going off the asphalt. MR. CENTER-There is a fence running along the neighbor’s property up in this corner. I believe their driveway is right there. You would be driving into Rockhurst on this side. There is a fence there on the neighbor’s property that would prohibit somebody from pulling into his driveway-driving straight across there is a fence between the property lines. There is a chance of somebody coming up the road and pulling off they would have to go through that fence to actually do that. If they are coming up the other side, they are on the other side of the road. TOWN COUNSEL, HAFNER-Roger you are raising issues that we talked about a lot over the years. If this is a road by use, the Town has the right to have road to where the edge of where the asphalt is plus along the side as much as is necessary to maintain the road, which includes plowing. COUNCILMAN BOOR-That’s what I’m getting at. TOWN COUNSEL. HAFNER-That’s a concern that it sounds to me like you might want some input from the Highway Superintendent. COUNCILMAN BOOR-I would. COUNCILMAN BREWER-Eventually the plow could be driving right over the top of it. COUNCILMAN BOOR-He could be plowing up their material. TOWN COUNSEL, HAFNER-It almost certainly will be because the plows go along the edge of the road particularly in narrow roads that we don’t have a fifty-foot ownership in. The issues you are raising I cannot answer what he would need. COUNCILMAN BREWER-If the board would consider what you said Roger and turn that system it fits between… COUNCILMAN BOOR-I don’t think you have to turn it. I think you just have to move it two feet closer to the lake, which means you need an eighteen-inch variance from the lake. COUNCILMAN BREWER-What do you mean? COUNCILMAN BOOR-A hundred. We require a hundred feet it’s a hundred and a half feet so if we went eighteen inches. SUPERVISOR STEC-We wouldn’t be able to do that tonight without advertising it or would we? COUNCILMAN BREWER-How much space do you have between the building and the system now? Regular Town Board Meeting 11-07-2005 MTG#50 76 MR. CENTER-We don’t know the exact limit of it. From having where Mr. Sweet delineated the existing system, he felt that it was somewhere in that area when he dug down to try to find out what the problem was. COUNCILMAN BOOR-I think Tom the way I look at it is I think this board can probably do something to improve what is a failed system. I’m not comfortable that what you’ve got here is maybe going to be the best way to do it. I think we probably should talk to the Highway Superintendent and maybe our Engineer and just say what are the pros and cons of moving this two feet those types of questions. MR. CENTER-We still have that fence on the neighbor’s property that runs along there whether the plow they have to plow in so they would be plowing to the right. It still is going to keep them from plowing onto the field at least half of it if not all of it because they will be taking out that fence. That fence looks like it’s been up there…… COUNCILMAN BOOR-I don’t even know how they plow up there. I don’t know what size truck they use. I don’t know if they go in… COUNCILMAN TURNER-Back out. COUNCILMAN BOOR-I don’t know how they do it. I think we should probably find out from the Highway Superintendent what’s going to work best for him. MR. CENTER-Okay. COUNCILMAN BREWER-Roger I would suggest that we have Rick take a look at this and then have our Engineer take a look at this. COUNCILMAN BOOR-Yeah, that’s what I’d like, too. Like, I say I’m sure we can come up with something that’s going to fix a failed system, but I’m not sure exactly the way you’ve got it here is going to work for everybody. How do we proceed then Bob? SUPERVISOR STEC-I would suggest opening the public hearing taking any comment tonight closing the public hearing, what leaving it open. TOWN COUNSEL, HAFNER-You could leave it open. If they are going to come back with something that is going to be it closer to the lake. COUNCILMAN BOOR-We don’t know that. TOWN COUNSEL, HAFNER-Then that’s why I suggest leaving it open. If you leave, it open and you have the same variances as you have here or better. COUNCILMAN BOOR-We will leave it open and then it may be determined that we are going to have to close this and have a second one. SUPERVISOR STEC-Set another public hearing. TOWN COUNSEL, HAFNER-If you move closer to the lake different people are concerned about septic close to the lake we advised giving notice so, no one can complain. MR. CENTER-What sort of time frame are we looking at for potentially reapplying. SUPERVISOR STEC-Our next regular Town Board meeting is the twenty-eighth. The next one after that is the fifth. I think it would be conceivable if we got an answer from Rick Missita and our engineer that we could be setting the public hearing; although we don’t often do it we’re certainly entitled to do it under the law; that we could set a public th hearing at one of our workshops in November for the December 5 meeting. That would be the fastest we could probably get you back on. MR. CENTER-If we had to change the drawings and resubmit. Regular Town Board Meeting 11-07-2005 MTG#50 77 SUPERVISOR STEC-If we set the public hearing on the twenty eighth we can’t have it on the fifth because you are going to need more than those seven days so you would be looking at the second meeting in December. If we set it at one of our workshops in November providing that, we’re ready to set something if we need one, we may not need one. I think we could arrange it so that we could be looking at this if we need another public hearing on our first one in December, which is the fifth. PUBLIC HEARING OPENED SUPERVISOR STEC-I’ll open the public hearing. Are there any members of the public that would like to make any comments or questions regarding this current application? CHRIS NAVITSKY, LAKE GEORGE WATER KEEPER-I reviewed the file and tried to contact Mr. Nace’s office. One of my concerns is regarding this system, as an absorption bed is different, as Mr. Center had referenced, as being a typical absorption trench is that you are basically missing the side trenches. The soil between the laterals, which allow and accommodates for infiltration. One of the requirements is that they should be pressure systems meaning pumped or siphon as the last application was. This application does not have that I would like this to be considered as part of that. I talked to Mr. Center before and he said that because it is a replacement system that sometimes it is not applicable in the Town. I think for these types of system to make sure that you have the proper distribution of effluent over that field that pressure or siphon should be added to this system. COUNCILMAN BOOR-Does it have to do with volume so that when it pumps it flows enough to get through the entire field rather than just trickle in and clog? MR. NAVITSKY-That’s correct. You build up that bio-mat, which is basically where the sludge is and then it spreads out. As was referenced in a previous application with the calculations on volume that it should actually be pumped I believe three times a day is a minimum. You want to store up that volume give that field a shot and let it spread out over that entire bed area so you maximize your absorption application…. COUNCILMAN BOOR-Your avoiding kind of like a little river delta effect. MR. NAVITSKY-Exactly, building up that bio-mat closer to where your initial holes are in the perforated pipe and then just allowing that to spread out. This way you shoot that field kind of douse it saturate it spread out your effluent all over. That’s my comment on this system. COUNCILMAN BOOR-I would be supportive of that because it is a problematic area. Anything that’s going to help the system work more efficiently I think is good. Rockhurst is just a nightmare for any kind of system so anything that makes it more efficient, anything that makes it last longer I think would be beneficial. I don’t know if that’s something, you want to talk to Tom about if our engineer wants to take that up. I don’t know how we want to approach that or if the rest of the board feels we should. SUPERVISOR STEC-I have a question that I would like your opinion. You just heard the discussion we just had a moment ago about our concern about the location so close to the road. Obviously, the only direction we would have to go in order to gain on the road is to move towards the lake. I know what your default answer might be, but from what you heard we would be looking at a foot or there about. Therefore, ninety-nine feet instead of a hundred if it gets us a foot or two further from the road, if in fact that’s what our engineers point out that they think we should do what are your thoughts there. MR. NAVITSKY-I think that traffic would lead to failure. You have a quicker failure rate if it could be subject to traffic whether it’s known. As you said, driving up there it’s so tight. I think discussion with your Highway Superintendent is good, but you do want to protect that. Regular Town Board Meeting 11-07-2005 MTG#50 78 SUPERVISOR STEC-I hate putting you on the spot where I’m asking the water keeper to say its okay to locate something closer to the lake. MR. NAVITSKY-I didn’t say its okay. COUNCILMAN BOOR-You did a good job. SUPERVISOR STEC-You did a great job. Any other questions for Mr. Navitsky while we have the benefit of his presence? Do you have anything else? MR. NAVITSKY-No, I do not. SUPERVISOR STEC-Anyone else on this public hearing tonight? Okay, I will leave this public hearing open. Then we will be contacting I’ll have Marilyn’s department contact Rick and the engineer to take a look at whether they think it would be a good idea to get a little further from the road. Like, Roger I’m kind of open to the recommendations from the water keeper as far as the design of the system. I don’t know if it’s something as easily accomodatable. MR. CENTER-It would be an addition of a pump. I would like the opportunity; I will talk to the client. I would also like the opportunity to talk with C.T. Male, the Engineer in regards to it. SUPERVISOR STEC-That will be great. Where we’re heading the board might have some other comments. Just so, you know we can shoot for the fourteenth or the twenty- th first to set the public hearing for December 5, if we need to set another public hearing. MR. CENTER-What I’ll do is I’ll forward this to the C.T. Male Engineer tomorrow for review also so that he gets a copy of it. COUNCILMAN BOOR-Tom is this seasonal or full time. MR. CENTER-Right now it is seasonal it is a two bedroom. It is a two-bedroom camp, two-bedroom house. They do not currently live in it year round they are actually out of Town right now. I go back to the existing system being there almost forty years being very deep in the soil and actually working for forty years and then at some point finally failing that’s why we went with this type of system. We’ve used it again throughout the Town where we’ve been space constrained and then had level ground not used a pump to pump into the replacement system to the area. It is oversized a little bit and it does have some additional capacity again being two bedrooms a good concrete septic tank not having any problems. COUNCILMAN STROUGH-It’s a one story structure right. MR. CENTER-It is a single floor it does have a full basement. COUNCILMAN STROUGH-Are the bedrooms in the basement or on the first floor? MR. CENTER-I know there is one on the first floor. I don’t know the interior layout. COUNCILMAN STROUGH-I just wonder if there is a potential for other bedrooms in the place. Is there an area or a space above the garage? MR. CENTER-No, sir it’s single story just two bays, short roof. SUPERVISOR STEC-Anybody else. Okay, so we will leave the public hearing open and we will see where we go from there. If we can get you, back on and resolve it under the current public hearing we can do that probably on the twenty-eighth. If not we will need to know certainly long before the fourteenth or the twenty-first. MR. CENTER-I’ll forward the information to C.T. Male hopefully we can set up a meeting if not the end of the week beginning part of next week. Regular Town Board Meeting 11-07-2005 MTG#50 79 COUNCILMAN BOOR-Would you do me a favor information that goes to C.T. Male could you also send a copy to the water keeper? MR. CENTER-Certainly. COUNCILMAN BOOR-Just so he knows what’s being proposed. If we have questions, we cannot only ask our engineer but also the water keeper, thanks. PUBLIC HEARING TO REMAIN OPEN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 32, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 7 day of November 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None HEARINGS UNSAFE STRUCTURE OWNED BY JOSEPH ORLOW LOCATED ON SUNNYSIDE NORTH ROAD MR. ORLOW PRESENT SUPERVISOR STEC-Mr. Hatin why don’t you come up here if you would please and just update the board on the situation, please. DIRECTOR OF BUILDING & CODES, MR. HATIN-At the present time the structure is still somewhat open to the elements. Mr. Orlow is here tonight for you to hear his explanations what he intends to do. My biggest concern right now is the structure is basically rotting away it’s been like that for several years. The longer it stays in the condition it is in the less likely it is going to stay structurally sound. COUNCILMAN BREWER-Do you have pictures of it? MR. HATIN-Yes. (Presented pictures to board members) There was an addition on the property it was removed by Mr. Orlow and has been somewhat boarded up to this point the structure still is not weather tight. COUNCILMAN BOOR-When was that removed? MR. HATIN-It was removed Mr. Orlow can answer better, I believe a couple months ago. SUPERVISOR STEC-All right, for the record that you contacted Mr. Orlow by a July 11 letter. The Town Board did consider this at our October 17 Town Board Meeting we declared the structure dangerous and unsafe. At the same meeting, we set a meeting for Regular Town Board Meeting 11-07-2005 MTG#50 80 tonight, which is three weeks later from the seventeenth. What has been done since your July 11 letter and more importantly, what has been done since October 17? MR. HATIN-Since October 17, nothing that I’m aware of. Since July the rear, what I would call the bathroom portion of the structure was removed. During that, same time frame sometime in the early summer there was a storm that went through and actually collapsed a tree on to the roof and punctured the roof on the porch, which was not in very good shape as it sat this just made it worse. Also, have pictures of those the tree on the roof that wasn’t attached to those. COUNCILMAN BOOR-Dave have you given clear direction as to what you would consider safe. MR. HATIN-I told Mr. Orlow that he needs to make it weather tight if he wants to preserve the structure. His intention is to preserve the structure and basically renovate it. My concern is if he doesn’t make it weather tight there isn’t going to be a structure to renovate. COUNCILMAN BOOR-Let’s go there then. What do you consider weather tight? MR. HATIN-The roof needs to be replaced as it sits right now you have a open hole in the porch roof, which is also damaging the inside of the house as well as the porch. There are holes in the floor the sill is rotted out in several areas. The portion that was removed was rotted. All that’s been done is that’s been removed and OSB has been put up to cover the openings that were created by removing that addition. Again, it’s not weather tight so the weather continues to basically degrade this building. COUNCILMAN BOOR-Do you want to see a new roof on it or do you want to see it so that water cannot get in? MR. HATIN-I guess that’s up to the board whether you will consider him covering the roof temporarily weather tight or whether you want him to re-roof it. If you really want to make this structure weather tight, you need to re-roof it. COUNCILMAN BOOR-I’m just not sure, what his plans are as far as remodeling. MR. HATIN-I’m not sure either because I’ve seen nothing yet. SUPERVISOR STEC-We’re going to hear from him in a minute. Any other questions for Dave right now? Mr. Orlow. JOSEPH ORLOW-This is a piece of property that’s been in our family for approximately thirty three years at which time property lines weren’t so matter of concern. I’ve gone up there….little history behind this it was my mothers it became mine. I started working on it and in the mist of it, I was told that part of the structure wasn’t on our property and that I would have a little battle if I attempt it. When I proceeded to start this I had to start taking care of two parents had to have a total hip replacement. That’s all behind us the parents are dead and buried the hips new and working well. Now we’re proceeding to take this eyesore, which I agree is an eyesore and has been neglected and we’re starting to work on it. In the process of starting to work on it the property, surrounding it has been sold. The people that purchased it the guy was very generous and said I’m going to give you a couple of thousand; I might even give you five thousand. In the meantime, this property has gone from twenty-two five to forty eight thousand dollar assessment that we’re paying taxes on. Which, by what David Hatin has said is quite an eyesore, but it is considered to be forty eight thousand five hundred dollars. In the mist of this, I have this to consider also I have contacted Ross to determine what exactly the property lines are. What I have been lead to believe I’m going to end up with a house that’s probably ten foot by twelve. I asked Ross to survey it they’ve been behind. We did go up and Dave has been very good with me with working on it. We have gone up there I had a contractor go up there we’re going to repair it. I’m meeting with Dave nine thirty, I think on Wednesday with some diagrams and plans. At first I said why even, battle this. I’ve got an assessment that ridiculous, but I feel that it is a matter of principal. We have Regular Town Board Meeting 11-07-2005 MTG#50 81 owned this for thirty-two years, it is a great location we have a lot of fun up there. In the meantime, there was a great article in the Post Star, which clarified a few things for me. That if in fact our property lines are what I thought they were there is such a thing as squatters rights so that clarified a few things. In the meantime, I contacted Bill Underwood who was nice enough to give me a diagram of exactly where our property sits in proportions to the neighbors the reality is our property sits on its own. Our house is twenty five by twenty five we are not dealing with a lot of property here. The property is fifty by forty-five so I do have the perimeters. One of the hesitant is with this we went up and removed the sidepiece that was definitely rotted and I definitely agreed it was a hazard we secured it. The people that were up there told they really weren’t on my property that they were trespassing. The people who have since bought the ten or twelve other buildings around me he has put a fence abutting up to my building we need to go on the property. Up to about a week or two weeks ago, I wasn’t sure where my property was. Now, I know that the fence is in fact on our property it can be moved back I can secure the whole property and feel safe that I’m not trespassing. With that established, I have a contractor that has given me a diagram of what we perceive to do this spring. I am going to go up in the next week after I meet with Dave and secure the roof, new plywood whatever we need to do patch to stop any elements from going in. Also, too we have since secured the back we have secured the door people cannot go in. We’ve cleaned up the property and I perceive before winter I want to continue with that. SUPERVISOR STEC-It certainly sounds like you have a plan. MR. ORLOW-Now, we do. I apologize for taking so long to establish that. SUPERVISOR STEC-Condolences to your parents. MR. ORLOW-Thank you. SUPERVISOR STEC-It certainly sounds like you have an explanation of what took you so long to get, which I don’t know how the rest of the board feels I certainly feel a little bit better. Our concern about the eyesore or no eyesore that’s a secondary concern. The issue here is… MR. ORLOW-Safety. SUPERVISOR STEC-Is unsafe structure, safety. MR. ORLOW-I agree with that totally we’re in agreement on that. SUPERVISOR STEC-It certainly sounds like you have a game plan for making a permanent correction to this problem. I can understand that getting into the construction now might be dicey as opposed to the spring. The big question that I have for Dave what reasonable amounts or measures could you foresee Mr. Orlow doing to winterize this to make it safe spring is several months away. MR. HATIN-I think what the board has to consider is what you had in previous unsafe structures. You have a structure right now not what I would call totally secured. Also, a structure that is wide open to the elements and destroying it. I would think that you would at least need to put in writing that he needs to secure the roof and make it weather tight and secure the outside of the structure and make it weather tight. Then the immediate concerns from my standpoint are addressed. That is the problem we have had this started over a year ago now here we are and we still have the issues. COUNCILMAN BOOR-I’m less concerned with that only because as described by the applicant what the situation has been. I think I would be tending to give some leeway there on the time element. The question, Joseph you want to renovate this? MR. ORLOW-I want to renovate it. COUNCILMAN BOOR-You don’t want to build new on there. Regular Town Board Meeting 11-07-2005 MTG#50 82 MR. ORLOW-No, I actually want to rebuild. I have a diagram of exactly what I want to do. COUNCILMAN BOOR-That’s fine, I don’t need to see it. I’m just wondering if you could be guaranteed grandfathering on footprint would such a thing as removing it and then in the spring building new. MR. ORLOW-The contractor feels that from what I have to work with….there is still potential on this. The contractor that I have worked with has looked at this pretty extensively and said this is can be a nice place. I have all the material, which I purchased three years ago for this we can work with what we have. COUNCILMAN BOOR-If you are comfortable that’s fine. I just hate to see you go through a lot of expense to temporarily fix this up and really have something that cannot be brought to a standard that is going to be accessible for building codes. MR. ORLOW-I appreciate that totally. I think when we get done you will be quite surprise. I think Dave will be quite surprise. COUNCILMAN BOOR-We do have to address what you are going to do assuming that the board says; okay we foresee that building the spring in reasonable under the circumstances, but obviously some things to have to get addressed here. MR. ORLOW-I’m in agreement with that. I want to secure this because as you said the more it deteriorates the more costly. SUPERVISOR STEC-I heard you say on more than one occasion that you have been working closely with Dave Hatin on this. I know that perhaps on not all of Dave’s matters, but certainly, on these unsafe matters Dave is usually a patient guy. MR. ORLOW-He has been. My biggest thing was two big issues. First, I have this ridiculous assessment, which I’m paying taxes on. Secondly, am I paying taxes on something that we own and when I get done with, this building is someone going to say you have to move half of that? SUPERVISOR STEC-Right. COUNCILMAN BOOR-You have good legal clarity as to what you own and what you don’t own. SUPERVISOR STEC-You do now as of you said two weeks ago, right? MR. ORLOW-Bill Underwood who owns all of this I know Bill I said do you have a diagram and actually what I’m going to do so I have a computer definition of where our property sits. Also the article that was in the Post Star recently about….. COUNCILMAN BOOR-I cannot give you legal advice, but I would hope that you have a clean deed. MR. ORLOW-Yes. We have for thirty-three years. COUNCILMAN BREWER-What’s a reasonable amount of time to secure it, thirty days, sixty days. MR. ORLOW-I’m meeting with Dave on Wednesday at nine thirty at which point I will go over what we plan on moving ahead. Also, I will continue I have to go on the other people’s property. COUNCILMAN BREWER-Thirty days you can secure it? SUPERVISOR STEC-Can you have it secured by four weeks. Regular Town Board Meeting 11-07-2005 MTG#50 83 MR. ORLOW-Yes. I will have it secured in the fact there is no rain coming into it, no one will be able to enter the structure and the elements are kept at bay. COUNCILMAN BREWER-Is that reasonable for you Dave? MR. HATIN-Yeah, that’s what I’m asking for. SUPERVISOR STEC-I would add to be done to Dave Hatin’s satisfaction. He’s the guy you are going to be dealing with he has the expertise in this area. MR. ORLOW-I realize there is a domino effect here. If I don’t do what I’m suppose to do people are going to get on him and he’s not doing his job it goes back to you. SUPERVISOR STEC-We’re concerned with safety. If you get hurt in there or if somebody else gets hurt in there especially now that it has been before us on two different meeting nights. I’m not hearing that the board necessarily wants to go through with this version of the resolution. Do we need a resolution? TOWN COUNSEL, HAFNER-I suggest that you table it right to keep it open until the seventh or the fifth. COUNCILMAN STROUGH-Did you say you were going to get it surveyed? MR. ORLOW-I’m going to get it officially surveyed, but I have the survey that was taken by Bill Underwood so I have diagram showing where we sit. SUPERVISOR STEC-I’ll leave the hearing opened. COUNCILMAN STROUGH-You alluded to the fact that you have been having difficulty in getting the surveyor up there because the surveyor has been busy. MR. ORLOW-Yeah. I’m going to go back to the drawing board and have a new surveyor it will be more cost effective to…. COUNCILMAN STROUGH-That will help in getting some of these issues clarified. MR. ORLOW-What Bill Underwood gave me clarified totally that I realized I was on my own property. SUPERVISOR STEC-We will leave the hearing open. You certainly understand the board intent is that we would like to give you the opportunity to do the renovation work that you want to do in the spring that you need to do some remedial work now in cooperation with Dave Hatin to make sure that the structure is safe and particularly is weather tight to Dave Hatin’s satisfaction. We will leave this hearing open we will expect a report back from Dave. If we don’t if Dave tells us, you know what something else is going on he is just not getting it done. MR. ORLOW-Hey that guys a real deadbeat. SUPERVISOR STEC-I wasn’t going to say that. If he says hey, you know what this isn’t working out. MR. ORLOW-We want to update that deadbeat status. SUPERVISOR STEC-Perhaps we could revisit this in December with the resolution that says tear down now. MR. HATIN-Just to clarify something. The resolution only says he has to secure it that’s all this resolution says, repair and secure it. You can pass this resolution as written and it gives him until December 7 at 5:00 p.m. to complete that. Regular Town Board Meeting 11-07-2005 MTG#50 84 COUNCILMAN BOOR-As long as he understands what secure means I don’t want it to me a moving target. MR. HATIN-I think that has been identified several times. COUNCILMAN BOOR-You are comfortable. MR. ORLOW-I plan on doing the roof securing it. I’m not putting on a new roof because I am going to change the roofline. SUPERVISOR STEC-Dave you are right I follow you Dave. MR. HATIN-It just starts the time clock and it authorizes something if he doesn’t follow through. SUPERVISOR STEC-Do you understand that? MR. ORLOW-Yes. SUPERVISOR STEC-Dave is recommending passing the resolution tonight. COUNCILMAN BREWER-I agree. SUPERVISOR STEC-In that case I will close the hearing. HEARING CLOSED SUPERVISOR STEC-Are there any other discussions from Town Board members. COUNCILMAN BOOR-I would just ask that if there is some kind of fatal flaw in your survey or your take on what you really own that you notify this board immediately. I do not want to have on December 7, go oh yeah I found out I didn’t own it. SUPERVISOR STEC-I will entertain a motion. RESOLUTION ORDERING SECURING OF UNSAFE STRUCTURE OWNED BY JOSEPH ORLOW AND LOCATED ON SUNNYSIDE NORTH ROAD RESOLUTION NO. 509, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a structure on property owned by Joseph Orlow located on Sunnyside North Road in the Town of Queensbury (Tax Map No.: 290.5-1-21) and found that the structure was recently damaged by a storm and is wide open, the roof is leaking causing further structural damage and the rotted part of the structure and roof have not been repaired or replaced and the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Mr. Orlow to take appropriate measures to secure the structure, remove the damaged/rotting portion and repair or replace the roof to prevent Regular Town Board Meeting 11-07-2005 MTG#50 85 th further structural water damage as more specifically set forth in the Director’s July 11, 2005 letter presented at this meeting, WHEREAS, the Director advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and requested the Town Board to take action if the property owner failed to secure and/or remove the damaged portion of the structure and repair or replace the roof, and th WHEREAS, on October 17, 2005, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on November th 7, 2005 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Joseph Orlow to immediately begin securing the structure, removing the damaged/rotting portion and repairing or replacing the roof to prevent further structural water damage of the structure located at Sunnyside North Road in the Town of Queensbury (Tax Map No.: 290.5-1-21) th and complete such work by 5:00 p.m., December 7, 2005, and BE IT FURTHER, th RESOLVED, that if the structure is not secured by December 7, 2005, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to secure the structure, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary. th Duly adopted this 7 day of November 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT:None Regular Town Board Meeting 11-07-2005 MTG#50 86 HEARING – DAVID MENTER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136-SEWERS & SEWAGE DISPOSAL SUPERVISOR STEC-This is on the Route 9 sewer district it is the Wakita Court Motel. They are looking for a one-year extension to tie in. Again, this has been our consistent policy clarified at an October meeting. They are still paying as if they were tied in so this is not a monetary extension it is more of a convenience for construction sort of extension. We would be considering a one-year extension as we’ve done we have done several of these in the last couple of months. COUNCILMAN BOOR-My only question here is this is the one that is being renovated the big renovation the big addition. SUPERVISOR STEC-I think so, yeah. COUNCILMAN BOOR-There wouldn’t be an instant where they would be opening up the new hotel and using an old septic system in the interim. I just don’t want to have that window…. COUNCILMAN BREWER-I would agree with that. COUNCILMAN BOOR-I would like that tied in that the CO for the hotel has to coincide with actual physical hookup to the sewer. COUNCILMAN BREWER-That sounds reasonable. DEPUTY DIRECTOR OF WASTEWATER, MIKE SHAW-Good evening. I did get a call from the applicant today telling me that he could not make the meeting he had a conflict so I’ll let the board know that. He is currently under construction I think most of the board members know the property. His plan is to have construction completed by next spring from what he tells me. He currently is connecting his system that he has on site now to it. COUNCILMAN BOOR-We wouldn’t have an instance where the new units are going into a septic field. MR. SHAW-No. The new units will be going into the sanitary. COUNCILMAN BOOR-This resolution is good enough to prevent him from doing that. MR. SHAW-He is not constructing a septic system. COUNCILMAN BOOR-But, he’s got one now. MR. SHAW-That has been destroyed because he is currently connecting to the system now. COUNCILMAN BOOR-Oh that has been destroyed. MR. SHAW-Yes. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-He is asking for an extension because his clock to connect is going to expire before he actually finishes construction. MR. SHAW-Correct. I talked to him about it a little bit; I said you are under construction. He said I would like to move forward because I am beyond the allowable time. Regular Town Board Meeting 11-07-2005 MTG#50 87 COUNCILMAN BOOR-That’s fine. SUPERVISOR STEC-Any other questions for Mike Town Board members? So the applicant is not here tonight. MR. SHAW-No he is not. HEARING CLOSED RESOLUTION APPROVING DAVID MENTER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 510, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, David Menter has applied to the Town Board for a variance/waiver § one-year extension from 136-44 for a of the Town’s connection requirements to connect the Wakita Court Motel property to the Town of Queensbury’s Route 9 Sewer District, as the existing 12-unit motel building has an independent, properly functioning septic system th which will not be used after October 9, 2005 and will therefore be virtually unused th between October 9, 2005 and the time when both the new and existing motel buildings will be tied into the Town’s Route 9 Sewer District before the 2006 season, as more fully set th forth in Mr. Menter’s October 4, 2005 application presented at this meeting, WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. Menter and the Town Board conducted a hearing concerning the variance/waiver request on November th 7, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or Regular Town Board Meeting 11-07-2005 MTG#50 88 adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves David Menter’s application for § a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to th sewers required” and grants a one-year extension of time or until November 7, 2006 in which to connect the Wakita Court Motel property located at 1130 State Route 9, Queensbury (Tax Map No.: 295.8-1-9) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-The following are on file in Town Clerks Office. Community Development – Building and Codes Supervisor Reports for September and October 2005. PRIVILEGE OF THE FLOOR PETER BROTHERS, QUEENSBURY WARD ONE-Prepared correspondence letter to Town Board requesting the comparables. Selected parcels to get comparables on and other information that is contained in this correspondence you can read it and pass it along to the people responsible for distributing that information. (Presented to Deputy Clerk) SUPERVISOR STEC-Either I or Helen Otte will call you to clarify any questions about what you are looking for. Thinks it is everyone’s intention as long as you understood what we were asking for. You were asking for these parcels then we will have a resolution at our very next regular board meeting. Regular Town Board Meeting 11-07-2005 MTG#50 89 JOHN SALVADOR-Spoke to the board regarding the Crandall Library Project and his concern for the budget for the project. Spoke to the board regarding the resolution regarding his Article 7 Settlement with the Town. This has been going on since 1996 there was a prelude to it going back to 1993. This spring we were given a scheduling order issued by Supreme Court noting they have a heard to the scheduling order. The scheduling order called for us to submit a Trail Note of Issue on August 1 for 2005 noting it is not included in the resolution. Read letter into the record from School Attorney addressed to the Town Attorney. SUPERVISOR STEC-Questioned what the point is. MR. SALVADOR-Asked if they understand what the Real Property Tax Law Section 727 speaks, too. SUPERVISOR STEC-Certain Counsel does. Mr. Salvador the board will consider this resolution here shortly, your five minutes is up, thank you. Received in the mail today the Title Reports for the two Niagara Mohawk properties that you have been talking about and we have been trying to get resolved the ball is now going back into Nimo’s court. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board asked what the Town of Queensbury’s share is of the bonding. SUPERVISOR STEC-Almost fifty percent. MR. TUCKER-I want a figure. SUPERVISOR STEC-We don’t have that before us tonight. MR. TUCKER-Whatever we are bonding for the thirty years I would like to know the total cost asked if someone could put this together. COUNCILMAN BOOR-Just for the expansion or also their budget? MR. TUCKER-Just for the expansion would you get them for me. SUPERVISOR STEC-Yes. BUDGET OFFICER, SWITZER-Just the Town of Queensbury or everything? Do you want the Town’s specific share? MR. TUCKER-Yes. BUDGET OFFICER, SWITZER-We can get an estimate but that will change from year to year. SUPERVISOR STEC-We will get you the best information available. MR. TUCKER-Is everyone else that is in this deal going to be operating under the same circumstances? COUNCILMAN BOOR-It is a hundred percent and you divide it up differently ever year depending upon membership. MR. TUCKER-Isn’t the cost of the expansion based on your total evaluation? BUDGET OFFICER, SWITZER-And user ship. SUPERVISOR STEC-The amount of library card carriers. MR. TUCKER-Questioned the status of his question with the paving at the school? Regular Town Board Meeting 11-07-2005 MTG#50 90 BUDGET OFFICER, SWITZER-No. Tried to look quickly through the resolution could not find anything in a resolution form, but that doesn’t mean that there isn’t something out there. MR. TUCKER-You will continue to look. BUDGET OFFICER, SWITZER-Yes. MR. TUCKER-Spoke to the board regarding article in newspaper noting it appears that one of the Supervisors at the County is taking all the credit for Queensbury’s taxes going down. Asked if part of the reason the taxes are going down is because of the reevaluation? SUPERVISOR STEC-Would not make that argument to anybody either. The tax rate went down in part. MR. TUCKER-Because of the reevaluation. BUDGET OFFICER, SWITZER-In part. SUPERVISOR STEC-The other part is the rebate. GEORGE DRELLOS, 27 FOX HOLLOW LANE-Wished board members good luck regarding the election. Spoke to the board regarding the library after tomorrow maybe we won’t have to worry about it for a while. Asked what was is the situation with West Glens Falls Rescue Squad. SUPERVISOR STEC-Their bids came in higher than the money we had authorized them fort they have to figure out what they want to do. They communicated informally with board members, but they haven’t been in for a formal sit-down with the Town Board to discuss where they want to go. They put it out to bid again they are waiting for some more information everything is on hold right now. MR. DRELLOS-How much over were the bids? SUPERVISOR STEC-About ten percent. MR. DRELLOS-Your stance is it is what it is. COUNCILMAN BOOR-What they asked for is a very nice facility. There are actually ways they can cut back on it and add on at a future date. There are a lot of ways to cut the cost without diminishing service. SUPERVISOR STEC-We the board authorized a total of one point seven. We told them then that was about as high as any of us wanted to go. COUNCILMAN BOOR-That includes the value of the properties that are being swapped. SUPERVISOR STEC-Either we authorize more or they figure out a way to spend less. I think they are working out a way to spend less. COUNCILMAN BOOR-One of the disadvantages of the process when you are dealing with public monies is we passed a resolution that essentially says here what’s were willing to pay who is going to come in under that. MR. DRELLOS-One of the perceptions is they actually think the Town owns all the fire stations. SUPERVISOR STEC-We own none of them. We contract with them like we would contract a planning consultant or a roofer. Regular Town Board Meeting 11-07-2005 MTG#50 91 COUNCILMAN BOOR-The exception is that taxpayer money actually pays for brick and mortar that taxpayers don’t own. That’s where it differs from just about any other scenario you can come up with. MR. DRELLOS-Asked if Luzerne Road is going to go one-way up to a certain point when the connector road is built? COUNCILMAN BOOR-No. COUNCILMAN BREWER-There was discussion at one time, but that’s all it was discussion never any plan to try and to that. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-The Bridge at Hudson Pointe Preserve is in. They still have some cosmetic things to do. Thanked Harry Hansen and the Recreation Commission for this. COUNCILMAN STROUGH-Spoke to the board regarding a couple that is deserving of recognition for their good works and efforts for helping out others in our community. Bill and Mary Decker of Dorset Place have helped many people in Ward 3. Helped those in need the elderly, help with meals, cleaning, nursing homes, and help many others in many other ways. Floyd Pickett on Mountain View Lane wanted to make sure that I mentioned this. I am appreciative and thank you. Spoke to the board noting Queensbury Union Free School District announced today that the school system has been designated a Gold Medal School District by Expansion Management Magazine in its fourteenth annual education issue. To be ranked as a Gold Medal School a district must rank in the top sixteenth percent of all school districts nationally. People who evaluate communities for business expansion require a good education system. COUNCILMAN BOOR-Received call from Drew Monthie regarding the corner of Bay and Quaker. They are about ninety-five percent complete there. He said that in the spring they would be doing a couple more perennials thinks that even at this early date there is a noticeable improvement. Again, a great reflection on our community is that we have volunteers that step in and do things that maybe government doesn’t do so well. I think that in years to come, that corner is going to be something that we will be proud of. Thanked all the volunteer noting he is comfortable with what has been done there thinks it is a good project and is proud of them. SUPERVISOR STEC-Thanked TV 8 and Glens Falls National Bank for sponsoring the televising of the Town Board Meetings. Spoke regarding the Towns website www.queensbury.net. Spoke regarding the presentation that was held at Hovey Pond on Saturday. The Town with the American Legion Post dedicated the new Veterans Memorial. Thanked Leon Staff and Jack Lord from the American Legion Post for their involvement with this. Spoke regarding the meeting held at County the permitting process for DOT. All the minor issues were worked out. We did have a couple issues that we are holding up our Intermunicipal Agreement between the Great Escape, Warren County and the Town of Queensbury. We checked earlier today and we found that we hadn’t acted on the resolution this is why we added 7.18. It is anticipated that at its next regular meeting the County on November 18th, we will grant bids for moving the traffic light. DOT will also be awarding by the end of November all the permits both temporary and I think shortly after that permanent everything that is needed in order for the contractor who is Kubricky to get everything done over the winter. They will be pouring concrete they say before the end of fall and will have the footings for the abutments in. They are definitely on track now at least from the engineering permitting end to get this done. They do have all the issues worked out for the bridge and the front half of the ring road. Everyone present was very encouraged most importantly; DOT said they are all set. The question about the grant money that they were trying to find it looks like they have abandoned that quest they are going to move forward now. RESOLUTIONS Regular Town Board Meeting 11-07-2005 MTG#50 92 RESOLUTION SETTING HEARING ON TURN PIKE ENTERPRISES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING GLEN DRIVE-IN PROPERTY LOCATED AT 983 STATE ROUTE 9 RESOLUTION NO.: 511, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Turn Pike Enterprises, Inc., has applied to the Town Board for a § two-year extension variance/waiver from 136-44 for a of the Town’s connection requirements to connect the Glen Drive-In property to the Town of Queensbury’s Route 9 Sewer District, as the property is used as a seasonal drive-in movie theatre serviced by a properly functioning, serviced and annually inspected septic system with a 1,000 gallon tank and there are no malfunctions with such septic system, and in order to connect to the Sewer District, the sewage would need to be pumped uphill from the building thus requiring a pump station, grinder and force main, and no firm estimates were obtained as plans required to obtain such estimates were quoted at $1,500, as more fully set forth in Turn Pike th Enterprises, Inc.’s October 18, 2005 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on November th 28, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Turn Pike Enterprises, Inc.’s sewer connection variance/waiver application 983 State Route 9 concerning the Glen Drive-In property located at , Queensbury (Tax Map No.: 296.13-1-20), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to Turn Pike Enterprises, Inc., as required by law. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Regular Town Board Meeting 11-07-2005 MTG#50 93 NOES: None ABSENT:None RESOLUTION AUTHORIZING TRANSFER OF SANITARY SEWAGE GRINDER PUMP AND FORCE MAIN TO D’ELLA AUTO GROUP AND RELEASE OF GRINDER PUMP EASEMENT AND AGREEMENT RESOLUTION NO.: 512, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in 1990 the Town of Queensbury, on behalf of the Central Queensbury Quaker Road Sewer District, entered into a Grinder Pump Easement and Agreement with Michael Della Bella of the D’Ella Auto Group concerning property located at 293 Quaker Road (Tax Map No.: 296.20-1-5), and WHEREAS, the Town’s sanitary sewage grinder pump and force main (force main) exists within the area of the D’Ella Auto Group’s showroom addition foundation at this location, and WHEREAS, relocation of such force main outside such foundation area would require an easement from Niagara Mohawk Power Corporation and attempts to reach an agreement with Niagara Mohawk that is satisfactory to all involved parties have been unsuccessful, and WHEREAS, D’Ella Auto Group has therefore proposed taking possession of the force main in its present location with the understanding that by taking such possession, D’Ella Auto Group would be responsible for any future maintenance, associated controls and force main as more further set forth in Rist-Frost Associates, P.C.’s October 31, 2005 letter, on behalf of the D’Ella Auto Group, presented at this meeting, and WHEREAS, it is not the Town of Queensbury’s policy to move its force mains and therefore, it is consistent with Town policy to transfer ownership of the force main to the D’Ella Auto Group, and WHEREAS, the Town’s Wastewater Director and the Town Board are supportive of such proposed transfer, and Regular Town Board Meeting 11-07-2005 MTG#50 94 WHEREAS, since the Grinder Pump Easement and Agreement will no longer be needed for the Sewer District since the D’Ella Auto Group will take possession of the force main, the Town of Queensbury may release such interests in real property for this specific purpose to Michael Della Bella of the D’Ella Auto Group, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Grinder Pump Easement and Agreement (Easement) with Michael Della Bella of the D’Ella Auto Group was given to the Town to be used for a specific purpose and the Town will no longer need to use this Easement and therefore the Town Board approves and authorizes the release and revocation of the Easement with Michael Della Bella of the D’Ella Auto Group concerning property located at 293 Quaker Road (Tax Map No.: 296.20-1-5) dated July 31, 1990 and recorded in the Warren County Clerk’s Office at Liber 816 of Deeds at Page 299, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes the transfer of the Town of Queensbury’s sanitary sewage grinder pump and force main (force main) existing within the area of the D’Ella Auto Group’s showroom addition foundation located at 293 Quaker Road (Tax Map No.: 296.20-1-5) to the D’Ella Auto Group, and BE IT FURTHER, RESOLVED, that D’Ella Auto Group shall be responsible for any future maintenance of the grinder pump, associated controls and force main and the Town and the Central Queensbury Quaker Road Sewer District shall have no responsibility for such future maintenance, repair and/or reconstruction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the transactions described in this Resolution in form acceptable to Town Counsel, including any documents related to the transfer of the electrical power supply from the Town’s source to that of the D’Ella Auto Group, and authorizes and directs the Town Supervisor, Wastewater Director and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Regular Town Board Meeting 11-07-2005 MTG#50 95 NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED ROOF REPAIRS AT ACTIVITIES CENTER PROJECT RESOLUTION NO.: 513, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that it is necessary to repair and replace the roof at the Queensbury Activities Center as more clearly set forth in his Memorandum to the Town Board dated October th 24, 2005, and WHEREAS, such proposed Project shall not exceed the amount of $50,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th November 28, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the proposed roof reparation at the Queensbury Activities Center Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Brewer, MR. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None Regular Town Board Meeting 11-07-2005 MTG#50 96 ABSENT :None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED STATE POLICE BARRACKS ADDITION PROJECT RESOLUTION NO.: 514, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that the New York State Police have requested an addition to their State Police Barracks on Aviation Road, and WHEREAS, such proposed Project shall not exceed the amount of $80,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th November 28, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the proposed State Police Barracks Addition Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None Regular Town Board Meeting 11-07-2005 MTG#50 97 RESOLUTION SETTING PUBLIC HEARING ON RACHAEL ALCORACE AND DAVID PARKER’S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 515, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Rachael Alcorace and David Parker have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace their existing mobile home with a new, 2006 mobile home on property located at 37 Pinello Road, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, November 28, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Rachael Alcorace and David Parker’s application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 37 Pinello Road, Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None Regular Town Board Meeting 11-07-2005 MTG#50 98 RESOLUTION AUTHORIZING CHANGE IN NOVEMBER TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 516, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to change its Town Board meeting schedule for November, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes changes in the November 2005 Town Board meeting schedule such that the Regular Town Board meeting st scheduled for Monday, November 21 may instead be a Workshop Meeting and the second th regular Town Board meeting shall instead be held on Monday, November 28, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to advertise such change in schedule accordingly. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2005/2006 AND PROVISION OF 2005 STANDARD YEAR END SERVICES RESOLUTION NO.: 517, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support Regular Town Board Meeting 11-07-2005 MTG#50 99 services during 2005/2006 and the 2005 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $9,900, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2005/2006 and the 2005 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program at the estimated cost of $9,900 to be paid from the appropriate account as determined by the Town’s Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and the Town Supervisor and/or Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION APPOINTING STEVE LOVERING, PARKS AND RECREATION DIRECTOR TO WARREN COUNTY YOUTH BOARD RESOLUTION NO.: 518, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Warren County Youth Board is an organization that includes community volunteers, youth and public officials who review local and countywide youth needs and issues, advocate for programs and services to meet the needs of all county youth up to age 21, advise Warren County on programs to be funded with $140,000 in State funds and help frame funding decisions, and Regular Town Board Meeting 11-07-2005 MTG#50 100 WHEREAS, the Warren County Youth Board members are appointed by the Warren County Board of Supervisors and each municipality, including the Town of Queensbury, may select its member, and WHEREAS, the Town of Queensbury has a vacancy on the Warren County Youth Board due to the resignation of Harold Hansen, the Town’s former Parks and Recreation Director, and WHEREAS, the Queensbury Town Board wishes to appoint Steve Lovering, the Town’s new Parks and Recreation Director as a member of the Warren County Youth Board, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby selects and appoints Steve Lovering, the Town of Queensbury’s Parks and Recreation Director, to serve as a member of the Warren County Youth Board, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a certified copy of this Resolution with any other needed documentation to the Warren County Youth Bureau and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING HIRING OF DAN BROWN AS PART- TIME. TEMPORARY LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. :519, 2005 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer Regular Town Board Meeting 11-07-2005 MTG#50 101 WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire Dan Brown as a temporary, part-time Laborer to work at the Town Transfer Stations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste Facilities Operator to hire Dan Brown as a temporary, part-time Laborer th effective on or about November 7, 2005, and BE IT FURTHER, RESOLVED, that Mr. Brown shall be paid $12 per hour as set forth in Town Board Resolution No.: 610,2004 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RESOLUTION NO.: 520, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and Regular Town Board Meeting 11-07-2005 MTG#50 102 WHEREAS, an Agreement between Warren County and the Town of Queensbury (Agreement) is presented at this meeting, which Agreement proposes to provide funds to the Town for tourism promotion and tourist and convention development from 2005 Occupancy Tax Revenues, and WHEREAS, the Agreement provides for initial funds of Thirty Thousand Dollars ($30,000) from 2005 Occupancy Tax Revenues and for additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors with all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, the Agreement also contains provisions concerning allowable fund expenditures, accounting, recordkeeping and under certain circumstances, refunds of Occupancy Tax funds being paid to the Town, and WHEREAS, the Town is ready, willing and able to provide for promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to carry out the terms of the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Local Tourism Promotion and Convention Development Agreement between the Town of Queensbury and Warren County substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement for the receipt of funds in the amount of Thirty Thousand Dollars ($30,000) with the understanding that: 1.additional funding may be made by Warren County in accordance with the Agreement as Occupancy Tax revenues shall become available and in such amounts as the Warren County Board of Supervisors shall, in its sole discretion, determine appropriate in accordance with a municipal sharing formula to be approved by the Warren County Board of Supervisors; and 2.all funds received in accordance with the Agreement shall be subject to the terms and provisions of the Agreement without the need to approve and sign additional agreements; and 3.the Town of Queensbury shall refund such funds to Warren County if such funds are not used for eligible expenditures; and Regular Town Board Meeting 11-07-2005 MTG#50 103 BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution of the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH WELLCHOICE, INC. FOR PROVISION OF ADMINISTRATIVE SERVICES FOR RETIREE DRUG SUBSIDY PROGRAM ADMINISTERED BY CENTERS FOR MEDICARE AND MEDICAID SERVICES RESOLUTION NO. 521, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has requested that Wellchoice, Inc., on behalf of its subsidiaries, Empire HealthChoice Assurance, Inc., provide services related to the Town’s participation in the retiree drug subsidy program administered by the Centers for Medicare and Medicaid Services, and WHEREAS, a proposed Agreement between the Town of Queensbury and Wellchoice, Inc., to Provide Administrative Services for the Retiree Drug Subsidy is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town of Queensbury and Wellchoice, Inc., to Provide Regular Town Board Meeting 11-07-2005 MTG#50 104 Administrative Services for the Retiree Drug Subsidy substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and any other needed 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. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2006 RESOLUTION NO.: 522, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board conducted a public hearing on rd November 3, 2005 concerning the proposed 2006 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2006 Preliminary Budget sets forth the proposed 2006 salaries of the Town’s Elected Officials as required by New York State Town Law §27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2006 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $61,092 TOWN COUNCILPERSON (4) $15,784 TOWN CLERK $58,578 TOWN HIGHWAY SUPERINTENDENT $64,309 TOWN JUSTICES (2) $37,882 Regular Town Board Meeting 11-07-2005 MTG#50 105 and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2006 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2006 and authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a summary of the adopted Annual Budget for 2006 is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5172 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 523, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and Regular Town Board Meeting 11-07-2005 MTG#50 106 WHEREAS, a single family property, Case File No.: 5172, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is seventeen thousand nine hundred dollars ($17,900), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5172 in the Town of Queensbury, New York in the amount not to exceed seventeen thousand nine hundred dollars ($17,900) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5174 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 524, 2005 INTRODUCED BY: Mr. Tim Brewer Regular Town Board Meeting 11-07-2005 MTG#50 107 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5174, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is ten thousand seven hundred dollars ($10,700), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5174 in the Town of Queensbury, New York in the amount not to exceed ten thousand seven hundred dollars ($10,700) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None Regular Town Board Meeting 11-07-2005 MTG#50 108 ABSENT:None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 525, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: ASSESSOR: FROM: TO: $ AMOUNT: 001-1355-4740 001-1355-1070 2,000. (Article 7 Appraisals) (Clerk, Part Time) HIGHWAY: FROM: TO: $ AMOUNT: 001-5010-4001 001-5010-2010 555. (Consumer Supply) (Office Equipment) WATER: FROM: TO: $ AMOUNT: 040-8340-2899 040-8330-4271 18,000. (Capital Construction) (Water Treatment Chemicals) th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None Regular Town Board Meeting 11-07-2005 MTG#50 109 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 526, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, John and Kathleen Salvador (Petitioners) previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the Dunham’s Bay Lodge and marina facilities for tax years 1996/97 through 1998/99, and concerning the marina facilities alone for tax years 2002/03 through 2004/05, with the parcels at issue more specifically identified below, and WHEREAS, Petitioners have proposed terms for settlement of these cases, and WHEREAS, the Town Assessor and the Town Board have reviewed the cases and the proposed settlement terms with Town Counsel, and WHEREAS, the Lake George Central School District has approved the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by John and Kathleen Salvador concerning the Dunham’s Bay Lodge and marina facilities for tax years 1996/97 through 1998/99 and concerning the marina facilities alone for tax years 2002/03 through 2004/05 as follows: YEAR 1996/97 Parcel No. Current Assessment Revised Assessment Reduction 4-1-9 $ 231,500 $ 231,500 $ 0 Regular Town Board Meeting 11-07-2005 MTG#50 110 4-1-11 770,100 566,000 204,100 10-1-17.1 1,949,000 1,415,000 534,000_ $2,950,600 $2,212,500 $738,100 1997/98 Parcel No. Current Assessment Revised Assessment Reduction 4-1-9 $ 231,500 $ 231,500 $ 0 4-1-11 770,100 566,000 204,100 10-1-17.1 1,949,000 1,415,000 534,000_ $2,950,600 $2,212,500 $738,100 1998/99 Parcel No. Current Assessment Revised Assessment Reduction 4-1-9 $ 231,500 No Change $ 0 4-1-11 566,000 No Change 0 10-1-17.1 1,415,000 No Change 0_ $2,212,500 No Change $ 0 2002/03 Parcel No. Current Assessment Revised Assessment Reduction 239.20-1-1 $ 231,500 $ 206,600 $ 24,900 (Old # 4-1-9) 252-1-75.3 566,000 505,900 60,100 (Old # 4-1-11) 252-1-89 100 100 0 Regular Town Board Meeting 11-07-2005 MTG#50 111 252-1-90 100 100 ___ 0_ $ 797,700 $ 712,700 $ 85,000 2003/04 Parcel No. Current Assessment Revised Assessment Reduction 239.20-1-1 $ 231,500 $ 214,000 $ 17,500 252-1-75.3 566,000 524,000 42,000 252-1-89 100 100 0 252-1-90 100 _____ 100 ____0_ $ 797,700 $ 738,200 $ 59,500 2004/05 Parcel No. Current Assessment Revised Assessment Reduction 239.20-1-1 $ 231,500 No Change $ 0 252-1-75.3 566,000 No Change 0 252-1-75.2 142,000 No Change 0 252-1-89 100 No Change 0 252-1-90 100 No Change 0 252-1-91 10,000 _____ No Change 0_ $ 949,700 No Change $ 0 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds with interest upon the filing of a Stipulation of Settlement and Order signed by all parties and by the Supreme Court Judge presiding over these cases, and Regular Town Board Meeting 11-07-2005 MTG#50 112 BE IT FURTHER, RESOLVED, that any documents prepared and filed to finalize the settlement of these cases shall state that Real Property Tax Law Section 727 does not apply to this settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 527, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills rd presented as the Abstract with a run date of November 3, 2005 and a pay due date of th November 8, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a rdth run date of November 3, 2005 and pay due date of November 8, 2005 numbering 25- 495300 through 25-514100 and totaling $288,123.51, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting 11-07-2005 MTG#50 113 th Duly adopted this 7 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY REGARDING ROUTE 9/GLEN LAKE ROAD TRAFFIC IMPROVEMENTS RESOLUTION NO.: 528, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Great Escape has requested that the Town of Queensbury participate in and help defray the cost of roadway infrastructure improvements mandated by the New York State Department of Transportation (DOT) at the Route 9 corridor/Glen Lake Road intersection, including installation of a traffic light, and WHEREAS, the Warren County Department of Public Works (DPW) has offered to provide or make arrangements for provision of such improvements, and WHEREAS, DPW and the Town of Queensbury have negotiated terms to split the costs of such improvements with the Town to pay up to $65,000 and Warren County to pay up to $235,000, and WHEREAS, the Town Board feels that such road improvements would benefit Town residents and therefore wishes to authorize execution of an Intermunicipal Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Intermunicipal Agreement with Warren County in connection with roadway infrastructure improvements mandated by the New York State Department of Transportation (DOT) at the Route 9 Corridor/Glen Lake Road intersection including the installation of a traffic light with the understanding that the Town of Queensbury will pay up to $65,000 and Warren County will pay up to $235,000, and such authorization to be contingent upon the Great Escape either deeding over the properties to the west of I-87 or allowing the Town of Queensbury an easement for whatever the Town determines to be the most appropriate place for the bike trail that Councilman Strough is working on, and Regular Town Board Meeting 11-07-2005 MTG#50 114 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Intermunicipal Agreement in form to be approved by the Town Supervisor and Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT:None DISCUSSION HELD BEFORE VOTE : COUNCILMAN BOOR-I’ll move it with one amendment. That this only be approved if the Great Escape either deeds over those properties to the west of I-87 or allows the Town of Queensbury an easement for whatever we determine the most appropriate place for the bike trail that John Strough is working on. COUNCILMAN BREWER-Second. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 529, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 7 day of November, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury Regular Town Board Meeting 11-07-2005 MTG#50 115