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2017-10-24 SP MTG #35 SPECIAL TOWN BOARD MEETING, 10-24-2017, MTG 435 476 SPECIAL TOWN BOARD MEETING MTG#35 OCTOBER 24, 2017 RES#313-316 1:02 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS- LEFT MEETING AT 1:44PM COUNCILMAN TIM BREWER TOWN COUNSEL MICHAEL CROWE, ESQ. TOWN OFFICIALS CHRIS HARRINGTON, WATER/WASTEWATER SUPERINTENDENT LAURA KING, ACCOUNTING SUPERVISOR SCOTT RIVERS, WATER METER SERVICE WORKER SUPERVISOR STROUGH-Called meeting to order... DISCUSSION: • HEARING ON ALLEGED TOWN CODE VIOLATION RESOLUTION DIRECTING WATER DEPARTMENT SUPERINTENDENT TO DISCONTINUE WATER SERVICE TO 15 FOX HOLLOW LANE PURSUANT TO TOWN CODE §173-29 RESOLUTION NO.: 313, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the property located at 15 Fox Hollow Lane (Tax Map No.:295.19-3-43) in the Town of Queensbury, New York (hereafter, "the Property") receives water service from the Town of Queensbury Water Department; WHEREAS, during a maintenance call at the Property conducted on February 15, 2017 the water meter service worker identified a connection to the water line before the meter and noted the same in his report; and WHEREAS, on February 15, 2017 the Water Department Accounting Supervisor sent a notice to the owner/occupants that the connection to the water main before the meter is a violation of the Town Code and must be removed; and WHEREAS, on March 3, 2017 the Water Department Accounting Supervisor sent a second notice to the Property seeking compliance by March 20, 2017; and WHEREAS, the Water Superintendent was asked by the owner/occupant to inspect the connection; and SPECIAL TOWN BOARD MEETING, 10-24-2017, MTG 435 477 WHEREAS, on April 4, 2017 the Water Superintendent did inspect the connection and found the same to be an unauthorized tap in violation of Town Code § 173-25; and WHEREAS, the Water Superintendent referred the matter to Town Counsel which on June 27, 2017 sent a final notice to the owner/occupant informing them that noncompliance may result in the discontinuation of water service; and WHEREAS, a written notice of hearing to discontinue water service pursuant to Town Code §173-29 was served on Richard Haag, Demeris Haag, and Christine M. Waters on October 10, 2017, October 6, 2017 and October 7, 2017 respectively; and WHEREAS, on October 24, 2017, a hearing was held before the Town Board pursuant to Town Code § 179-29 upon which evidence was presented for consideration; and WHEREAS, the Town Board having considered the evidence and having duly deliberated, now finds that a violation of§173-25 of the Town Code exists at the Property; NOW, THEREFORE, BE IT RESOLVED, that should the owner/occupant of the Property not demonstrate compliance with the Town Code in a manner acceptable to the Water Department Superintendent by December 31, 2017, that the Queensbury Town Board hereby orders pursuant to Town Code §173-29 (a), that the Water Department Superintendent discontinue water service to the property located at 15 Fox Hollow Lane (Tax Map No.:295.19-3-43) in the Town of Queensbury, New York, on December 31, 2017; and that water service not be restored until compliance with the Town code has been achieved and until the expense of shutting off and turning on the water has been paid. Duly adopted this 24th day of October, 2017, by the following vote: AYES Mr. Metivier, Mr. Brewer, Mr. Strough NOES None ABSENT: Mr. Clements RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 314, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session for the purpose of discussing the employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Duly adopted this 24th day of October, 2017, by the following vote: SPECIAL TOWN BOARD MEETING, 10-24-2017, MTG 435 478 AYES: Mr. Brewer, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Clements RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 315, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 24th day of October, 2017, by the following vote: AYES: Mr. Brewer, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Clements RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING RESOLUTION NO. 316, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 24th day of October, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Brewer NOES: None ABSENT: Mr. Clements MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK II CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY