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2006-09-25 MTG38 REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 1 TOWN BOARD MEETING MTG #38 September 25, 2006 RES. 444-459B 7:00 P.M. BOH 22-23 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, JENNIFER SWITZER WASTEWATER DIRECTOR, MIKE SHAW PRESS TV8 PLEDGE OF ALLEGIANCE LEG BY COUNCILMAN ROGER BOOR Supervisor Stec read the following letter into the record: September 11, 2006 Mr. Robert Eddy 17 Owen Avenue Queensbury, NY 12801 Dear Mr. Eddy, The Queensbury Town Board wishes to offer you our sincerest appreciation for the multitude of contributions you have made towards making our community a “nice place to live.” We consider you to be a very special person who has contributed greatly towards enriching our community’s legacy. Your garden’s flowers enhance Hovey Pond’s loveliness and your words have documented and preserved our history. Your life-long selfless efforts have helped to make our community more meaningful and beautiful. Your Wing family ancestors would be as proud of you as we are. Thank you for making Queensbury a better place to live. Warm Regards, ______________________________________ Daniel G. Stec – Queensbury Town Supervisor ______________________________________ Roger Boor - First Ward Councilman REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 2 ______________________________________ Richard Sanford - Second Ward Councilman ______________________________________ John Strough - Third Ward Councilman ______________________________________ Tim Brewer - Fourth Ward Councilman 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 444, 2006 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 from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 25 day of September, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVID DUTRA OPENED PUBLICATION DATE: SEPTEMBER 15, 2006 David Dutra- 28 Nacy Road Glen Lake Supervisor Stec- The Town Board has set this public hearing at our last Regular Town Board Meeting. The property that we are talking about is 28 Nacy Road. You are looking to install a new code compliant holding tank, is that correct sir? David Dutra- Yes sir. Supervisor Stec- Okay. Do Board Members have any questions for Mr. Dutra at this time. Councilman Strough- You’re the place under construction with the cedar siding and the dark brown metal roof? David Dutra- That is correct. Councilman Strough- Okay- a stone throw away from The Full Moon. David Dutra- yes, right behind it. Councilman Strough- Okay- I did my rounds this afternoon and I just wanted to make sure that was the one. You just want to put in a holding tank? REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 3 David Dutra- Yes sir. Supervisor Stec- Any other questions right now before I open the public hearing? Okay, I’ll open the public hearing, if there are any members of the public that would like to comment regarding this public hearing I ask that you raise your hand. Seeing none, any Town Board questions or comments? Councilman Strough- Just that it is going to be code compliant and it’s going to have all the bells and whistles. David Dutra- Yes. Mr. Hatin has been out there and checked everything out and told us what we had to have. The contractor’s been there, every body's on board. Councilman Strough- Okay. Supervisor Stec- Any other comments from the Town Board or comments from the public? Okay, hearing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR DAVID DUTRA RESOLUTION NO.: BOH 22, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, David Dutra filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new, Code-compliant holding tank to replace the existing septic system on property located at 28 Nacy Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, September 25, 2006, 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 variance, the Local Board of Health finds that the REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 4 variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance 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 David Dutra for a variance from the Sewage Disposal Ordinance to allow installation of a new, Code-Compliant holding tank to replace the existing septic system on property situated at 28 Nacy Road in the Town of Queensbury bearing Tax Map No.: 289.6-1-33. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None *APPLICANT WITHDREW APPLICATION* PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANDREA PEEK OPENED PUBLICATION DATE: SEPTEMBER 15, 2006 Supervisor Stec- If you could introduce yourselves for the record please, thank you. Keith Manz – Professional Engineer, representing the applicant Brett Peek- The applicant and Andrea Peek’s husband Tom Frost- The architect Supervisor Stec- Alright, thank you, sir. The public hearing was set at the same meeting last time. This is seeking a variance from Chapter 136 to install an absorption field or a leech system 88 feet from Lake George in lieu of the required 200 foot set back and 1 foot from the property line in lieu of the required 10 foot set back. The property’s location is 108 Rockhurst Road in Queensbury. Is that all correct? Mr. Manz- Correct Supervisor Stec- With that, if you want to elaborate on the project a little bit before the Town Board asks some questions and then I’ll open the public hearing. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 5 Mr. Manz- Sounds good. We do have one other minor variance to add. Speaking with Roger Boor, he’s correct in stating that for a new system you have to have 50% expansion area. Clearly there is not room on the site to show 50% expansion area, so we would like to add that as a third variance from the code of Town and the Department of Health. Supervisor Stec- I’m going to guess, Bob’s going to tell us that we won’t be able to act on this this evening because our notice didn’t include that variance. Attorney Hafner- If they’re making a significant change to the variance then you need to notice the people. Supervisor Stec- It’s a new variance. Attorney Hafner- Yes, you should notice them. Supervisor Stec- Pardon me? Attorney Hafner- People may not have cared about these two but may care about this one. Supervisor Stec- Correct Mr. Manz- I will decline that request to add that as a third variance then. Councilman Brewer- Then how are you going to propose to do this without that variance. Mr. Manz- We would just like you to act on the two variances submitted and we can discuss that later as far as whether it’s mandated or a gray area. Councilman Brewer- It is mandated. Councilman Boor- Actually, I think we can. It was my intent to sit back and let you describe in some length as to what your project entailed. In lieu of the fact that you did not put the additional variance, at least one additional variance, required on. I’m going to step in and try to cut to the chase and shorten this up a bit. You are actually not in compliance with a host of things. One of the things I would start with is the original plat of the subdivision on Rockhurst. Although you can’t see it this purple area says you cannot build within ten feet of the road. That’s part of the subdivision. Now, your deed for this property also states that you cannot build in that area. In the deed it says the foregoing covenants and restrictions shall be deemed to be run with the land and be perpetual restriction to the use of the premise hereby conveyed. So, it’s in the subdivision plat, it’s in your deed that you cannot build in this area where you are proposing the primary leech field. Also, if you turn to page 25 of the individual residential wastewater handbook it says surface water should be diverted from the vicinity of sub-surface sewage treatment systems by grading and construction of diversion burms or ditches upgrading of all systems of slope sites. Now, you’re proposing this leach field within one feet of a road and so when we get a snow storm it’s more than common sense that the snow plow is going to put storm water on this leach field; which it says you cannot do in this book. Section 136-7 of our own code says we must comply with the strictest of what’s in here and what’s in here. Now, I could go on, there is about six or seven other areas where this system would not work. But I’m not going to go there. I will say that we met several weeks ago with a number of people in Rockhurst and it’s very clearly that we are going to be moving forward and this Board by resolution did move forward with a creation of wastewater management district in its preliminary form. I can tell you ahead of time that I will not be voting in favor of your variances and I will be denying this application from where I sit. Mr. Manz- Okay. I would to respond to a couple of those items. The first item we addressed with the Planning Board as far of the ten foot easement, or no build area- whatever you want to call it off the edge of the right away. The Planning Board basically deemed that a private matter between the homeowner and the association that has that covenant and didn’t feel they should intervene since it’s private matter between the REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 6 owner and that entity. I think the intent of that was to have a sewer line possibly come down that edge of the pavement and if it ever did they certainly tie in to the sewer and move the septic system and it wouldn’t be a conflict. The second item, its one foot off the edge of the right away, it’s probably three or four feet of the edge of the pavement. But either way, you’re right, there would be snow and storm water running off the sight but the septic system would be graded in such a way that it will run off the system down towards the lake and there are various holding ponds that have been designed by Tom Jarrett as part of the storm water system for that lot. I’m not sure of the other half dozen or so items are but I’ve gone through the red book in your code and I see nothing else other than that one inch from seasonal high ground water that is in discrepancy. The code enforcement officers determine that to be in the spirit of the law that we were seven foot nine inches down; sorry seven feet eleven inches in our test pit, rather than eight feet. We still show the three foot separation to ground water. I can explain a little further the two variances being sought. Why don’t we go for, if you guys agree, see if there is any public comment. Supervisor Stec- Do any other Board Members have any questions at this time? Councilman Brewer- The only question that I have and it’s not really a question for the applicant, I don’t know how we can act on it if we’re aware of a variance in need to put this system in. How can we act on the two variances he applied for? Supervisor Stec- I agree. I’ve never seen…. Attorney Hafner- I would think the Town Board might want to wait til all the variances are before them, that are necessary. Councilman Boor- Or we can deny it on the basis of what we have. Attorney Hafner-Or you can deny it as it doesn’t have enough…. Supervisor Stec- In seven years on this Board and a year and a half on the Zoning Board before that, I can’t recall ever approving half the variances if you know that more are required. I don’t know if it’s legal or not, but the practice is never been that we’ll approve some tonight and some at a later date. Attorney Hafner- I would have expected that you only have it only if all of them were before you and that’s what you would want to face so you face it once not piece meal. You have a duty not to do part and then part later. Mr. Manz- I think the argument that we would make, and again this came to us in this workshop session, it’s a replacement septic system. Even though the construction of the home is deemed new construction, it’s my understanding. So, replacement systems do not require the 50% expansion area. This is a replacement septic system, therefore, not being mandated in the red book- you can read it in there- it’s for only for brand new systems. Councilman Boor- I didn’t read that. Mr. Manz- Can you read the section, Roger, or else let me borrow the book. Councilman Boor- It says the required infiltrated area is determined from A) properly conducted soil percolation and deep hole tests that are fully consistent with a site and soil evaluation and projected seepage flow. And an additional 50% of required infiltrated areas should also be identified or made available for future expansion and replacement purposes. It doesn’t say anything about it being new construction. It’s the fact that you are putting a new system in and when you put a new system in you have to show an additional 50% could be allotted in case the system fails. Councilman Brewer- What page are you on, Roger. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 7 Councilman Boor- I’m on page 5, bottom, very last paragraph. I could go on. There’s a lot here. This site is not suited for what you are asking. They directly address that vary issue also. Mr. Peek- What is it suited for? Councilman Boor- It’s suited for a seasonal camp is what it is suited for. Mr. Peek- That’s not what I’m being taxed on. Councilman Boor- I can’t… that’s something you take up with the assessor. Mr. Peek- If the systems bad something has to go there. Councilman Boor- I can tell you if you would like to apply for a holding tank I would certainly be in favor of that. If my understanding is that your primary residence is in Saratoga and that you are using this seasonally, this Board could grant you a holding tank. You can go that route. So, if you want reasonable use which is also what the law says…. Mr. Peek- What if I don’t want it to be seasonal house. Councilman Boor- Than you have to find a Board that will approve what you are asking. Mr. Peek- But there is nothing that you will approve, correct? Councilman Boor- I told you, I would approve a holding tank for seasonal use. That’s what the law allows us to do. Mr. Peek- When is the sewer system come into place? Councilman Boor- I don’t know. Mr. Peek- Months, years? Councilman Boor- I can’t answer that. Supervisor Stec- It’s been years. It’s likely not to be a couple months. It’s likely to be another year or so, plus or minus. Mr. Manz- Let me just ask a hypothetical, if indeed you turn this variance down, are you saying really the only option that the applicant has is a year around holding tank or waiting for that sewer line to become available. Councilman Boor- Not a year around holding tank, a seasonal holding tank; we cannot grant holding tanks for year around use. Mr. Manz- Okay, I should have said seasonal holding tank or waiting for the sewer to become available. Those are the two options…. Attorney Hafner- No. I don’t know, Roger. I don’t think- Don’t let them put words in your mouth. Councilman Boor- I’m not. Attorney Hafner- You have a proposal that’s before them. You’re asking for certain variances, their saying, as I understand, if I’m getting a consensus of those who spoke, that they do not believe it has enough variances that are required and that’s with the system you have currently. They’re not making a global thing; we hear Roger saying that if you are looking for a seasonal use that he would, I heard him say very clearly, would consider the holding tank. We are not here about other possibilities that aren’t before us now. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 8 Councilman Boor- and there’s no diagram of where that holding tank would be and I don’t know if you would need a variance for the holding tank; depending upon where it is. Mr. Manz- Well, I agree with that, I think we should vote on what is before you, and again, I just brought that up because at the pre-application of the informal meeting that we had no other issues were brought up with regard to any other things that didn’t meet the red book, other than the one thing mentioned to me, which was the variance from the 50% expansion area. Which was mentioned to me that evening, and again we had time to change the application but we didn’t because it was mentioned “just bring it up that night, we can vote on that”. Councilman Boor- Now, I didn’t say that. Nobody said that. We have a standing policy that we don’t act on anything that we haven’t had to review. So, I actually asked several people why are we reviewing the Peek application. I’ve yet to receive a new drawing showing the absorption field for the 50% and nobody could answer that question. So, I don’t know. We never act on stuff that isn’t on paper. If we don’t have a drawing we aren’t going to act on it. Mr. Manz- That makes sense. I agree. That was my understanding of it. So, it could be just a communication issue, but I think we should go to the public and then we can respond to any questions they have. Unless, you have any more questions for us. Supervisor Stec- We did advertise the public hearing for tonight. I will open the public hearing and then we’ll see where to go from there. The public hearing is open so if there’s any members of the public that would like to comment on this sewage variance application just raise your hand and I will call on people individually. John Salvador- Good evening, my name is John Salvador. With regard to the application being incomplete, it should be withdrawn, tabled or otherwise. Probably withdrawn and a new public hearing set. The application is going to have a significant change, that set aside issue. Please appreciate that the public cannot address, participate in this on short notice. It’s a jumping jack arrangement. The issue of set aside and the fact that this is a replacement doesn’t need set aside. The very fact of the matter is the replacement system is supposed to go in the set aside area. So, you don’t need set aside on top of set aside. I think this issue of new verses replacement has been misconstrued. The replacement is supposed to go in the set aside area. That’s easy. That’s why the more stringent set backs do not apply for a replacement system. Because the set aside area could have been located within 100 feet of the lake, for instance. So, that’s what you use. That’s what they have the privilege of using. So, apparently there is no set aside area. So, this is a completely new application as far as I’m concerned. The other issue we’re just not addressing on this very small site is, where is and what is the characteristic of the existing system. We’re not going to build a new system on top of an old system. We can’t do that. If we’re going to find set aside area we can’t set aside the old area. Why are we replacing it at all? It’s sized for three bedrooms, was approved for three bedrooms, they’re building three bedrooms. Is there a failure? I did a little research on this project and I relied on the assessor’s data. They probably have a better record than our Planning and Zoning Department does, the past history of this project. Clearly, this place was built in 1958 as a two bedroom cottage. Since that time there have been one, two three, four porched additions; one hundred and eighty eight square feet, one hundred and sixty five square feet, one hundred and sixty square feet, six hundred and sixteen square feet, an open deck, two hundred and sixty four square feet. This is just a patch work I think some of this area has morphed into a bedroom, the third bedroom. The original system is not sized for the three bedrooms. I think a site survey has to be undertaken, find out what’s there. I think the full scope of their undertaking has to be recognized and put into the form of an application, what they need. Thank you! Supervisor Stec- Thank you Mr. Salvador. Is there anyone else that would like to comment on this public hearing regarding this variance application? Alright, perhaps our applicants would like to come back to the microphone, Mr. Manz. Do Town Board Members have other questions or comments for the applicant? REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 9 Councilman Strough- I’ve got a couple of questions. I was up there this afternoon. To the North of your house, the structure, there is a grassy area with a trampoline on it. Why couldn’t that be used for your sub-surface infiltration system? Mr. Peek- That’s on the other side of the existing driveway. So whether you go on the North or South side you’re still the same distance from the lake. Councilman Strough- I’m just trying, where you have it right now, you have an Elgen System, which is going to receive storm water flow from the road. Its going be mounded by snow mounds, it’s going to get snow melt this spring. It’s less than IBL placement. I think you’ll agree. I am trying to wonder, think out loud where else could it go? So, I saw that big grassy area where the trampoline is. That’s one area I was thinking. Mr. Peek- Do you want me to respond to that one? Councilman Strough- That’s pretty simple, it’s actually not big enough. You can see the yellow as the two legs for the Elgen the other side of the driveway which is over on this edge. It’s about one sixth of the area where that trampoline is. It might look larger but you’re going on to the other property. Councilman Strough- What size of each one of those Elgen units. I think they are four foot. Mr. Peek- There three by four each unit. We have legs unit laid end to end. Councilman Strough- They can piece in. They don’t have to be that long, you can re- arrange them differently. Mr. Peek- Yeah, but it’s not close to enough area. I know what you are saying. Councilman Strough- Okay, that was thought one. I’m just trying to be accommodating. The other thought that I had was rerouting your driveway. Now your driveway comes in on the North side of the house, goes in front of the house, comes out by the South side of the house and then there’s the garage. Why does the driveway have to do that? Why can’t the driveway just come in on the South side and go right down to the garage. Mr. Peek- The garage and the new was what was approved. That garage is going to be a bedroom. All that macadam is gonna go away. Councilman Strough- So there is going to be an additional bedroom? Mr. Peek- No, it’s going to be a three bedroom still. We are just trading space from the old to the new. We are trying to tie everything together. Councilman Strough- Well, see sometimes we get floor plans and we don’t have that. Mr. Peek- It’s a hodge podge. It was built in three different sections, way before I bought it, probably in the sixties. They made part of the walk-out basement one of the bedrooms. What we are trying to do is open that up a little bit, put that bedroom into the garage. I don’t need garage space there, and get rid of all that asphalt. Right now I believe, I’m not sure, but I believe part of this leach field is underneath that driveway. It looks like that driveway was added way later. Councilman Strough- Yeah, it doesn’t look like it fits. Mr. Peek- No, it doesn’t. That’s one of the things we want to change. That’s all going to have new soil put in it and that asphalt is coming out. When I lose that I have to gain asphalt on the North end. That’s where we are going gain asphalt and park the cars- where that trampoline is. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 10 Councilman Strough- Yeah, I’m just thinking, you got the hedge right along the road. I take it that’s coming out? Mr. Peek- I don’t know yet. Councilman Strough- Well, that’s where the Elgen System supposed to be. Alright, I’m just saying that for me I have a problem with the comfort level with the Elgen system being right next to the road. Roger points out there may be other issues with that as well. My issue was the storm water flow, which Roger also pointed out. Now, we’ve run across this before. If the applicant can get a letter from Elgen saying hey there’s nothing wrong with this, that would take away one of the issues. But it wouldn’t take the other issue that Roger brought up, you might not be allowed to put it there based on some sort of deed restriction. I’m just wondering if you can’t juggle things around. If you can’t, Roger might be right. We might be just down to a holding system. Maybe that’s the only thing that is practical for this site. Mr. Peek- One of the reasons was it was designed a couple of different ways when they did it, but we wanted to keep it as far away from the lake as possible. We are trying to improve everything that is there. Councilman Strough- I understand that. With these small lots its not easy. Mr. Peek- Yeah. Councilman Brewer- Is that system that you have there now failed? Mr. Peek- Pardon me? Councilman Brewer- The system that you have now is it failed? Mr. Peek- It did this year, yeah. I had it pumped at the end of last season, it was filled right to the top. On July fourth weekend it overflowed again. On the fifth I had someone come and pump it again. Obviously, half a summer season it was filled, so it’s not working properly. It’s not leaching or whatever, I can’t see into the ground. Just from using it for a month and a half it filled up. Councilman Brewer- How many people? Mr. Peek- Three or four- I’m sorry. But my kids are at camp all summer so really two of us. We don’t have a dishwasher. I didn’t put one because I knew that the system was you know when we bought it. It’s past its prime. It’s the original system and I’m just trying, ya know. Councilman Brewer- It’s probably a couple of barrels buried. Mr. Peek- Every time I come to one of these I get lectured about the lake. I take my water from the lake, I don’t want to destroy that lake. My value of my property is based on what that lake is. Without that lake that property is just a dump, old camp. So, I have every intension to make it better. But, for some reason it doesn’t seem like I can. No matter what we design, what we do it’s not enough. I don’t know what else to do. If its holding tanks that what it is. Mr. Manz- Yeah, but that just limits it to seasonal use, if I’m not mistaken. Councilman Brewer- Do you use it in the Winter? Mr. Peek- I don’t right now but I have no plans of selling it. When my kids grow up I want to live up here. Councilman Boor- You make an interesting point Mr. Peek and I want to read you something from page 29. New constructions should routinely meet all standards. Department regulations do provide for issuance of specific waiver in individual situations REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 11 because of a hardship or other circumstance that makes it impractical to comply with a standard. Here is the important line, not all land is suitable for development for residential purposes using individual sewage treatment systems. You’ve hit it on the head, it’s too small. Mr. Peek- I understand that but it’s not Councilman Boor- So, I’m telling you Mr. Peek- You’re saying like it’s a raw piece of land with nothing on it. Councilman Boor- No, this is the State. We have to abide by it. Mr. Peek- I understand that but it’s already developed. It’s not like it’s going to be developed. The house is not going to go away because of the system. Councilman Boor- No, but you have plans to make it bigger. Mr. Peek- No I don’t. I have plans- it’s going to stay within its foot print. Councilman Boor- It says you’re making it bigger. Mr. Peek- I’m making more living space within the footprint. Councilman Boor- That’s bigger okay. Mr. Peek- It’s still three bedrooms. Councilman Sanford- Here’s what I think you are faced with tonight, there’s no way I think this going to be moved forward as an approval; simply because there’s potentially a third variance anyway. It may very well be moved forward as a denial; simply because I think on the two variances that the resolution talks to are ones that, some of us at least, are not particularly comfortable with. I think Mr. Salvador’s suggestion is not a bad one, you may very well wish to withdraw this at this particular point in time and re-group. I can’t see this being put forth or an approval; I see it very likely being put forth for a denial. That would be my advice to you. Mr. Peek- But I’d like a little guidance here so I’m not spending money, just throwing it away aimlessly. What are you guys looking for? Are you looking for a holding tank? Councilman Sanford- The reason I thought it might make sense for you withdraw it was so that you don’t come back, do a lot of work on the yet unnamed variance, incur engineering and legal cost and what have you only to run into what you are running into tonight. I think the tone of this Board has been for some time now, we do not feel comfortable with reducing the required set backs in terms of leaching systems; and in your case eighty eight feet from the lake as opposed to the two hundred feet that is required. We are not here to design what system works for you and clearly what suggestions we would have probably wouldn’t be anything to make you too happy. But, I think a holding tank system just like the one we approved in the last resolution is probably something that the Board could get its arms around here. Councilman Strough- In addition to that Richard, if you don’t mind me chipping in, the holding tank would be a solution for you right now and it would also be the safest thing for the lake and your drinking water supply. It may not be permanent. It probably the most cost effective thing to do right now. Who knows what’s down the road. Rockhurst is the targeted area as you know the first area where some kind of a waste water management district. Now, like Supervisor Stec said it’s probably going to be about a year, give or take, before that comes to fruition. But, we don’t know where that’s going take us. You could benefit from that for right now. We don’t know where that’s going to go, but for right now a holding tank does take care of your needs. You can go ahead and do your expansion, put your bedroom downstairs, keep it to three bedrooms. Let’s see what happens in the next few years. But the holding tank, I don’t think you will have a REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 12 problem with any of us if you would want to go to a holding tank for now. Like I said it is a minimal expense because you don’t have the infiltration bed. Mr. Manz- I understand that requires a variance from this Board no matter what distance it is. Supervisor Stec- Correct. Councilman Boor- It may not. Supervisor Stec- No, I think it does need one but maybe I’m wrong. Councilman Strough- What I think you’re hearing too is that we’re a lot more comfortable. Councilman Boor- It’s seasonal, why would it. I don’t know if it would need a variance. Attorney Hafner- I’d have to look. I thought it required a variance because it wasn’t a standard thing but it was the type of variance that you could consider granting. But, I would have to check into that. Supervisor Stec- You may or may not. You may not. Councilman Strough- You may or may not, that covers all the basis. Supervisor Stec- But I will add that historically the holding tanks have been looked at favorably by this Board and previous Town Boards. Holding tanks are viewed by us as a pretty good alternative in situations like this. And they are relatively low cost. Councilman Boor- We don’t know that it would be a set back issue. So, I don’t know, especially in CEA’s, critical environmental areas. Councilman Brewer- That’s only in any instances where nothing else can be used though Dan, right? Councilman Strough- think we are down to that. Councilman Brewer-I don’t know that we are. Mr. Manz- It does say holding tanks are prohibited unless a variance is granted for a holding tank by the local Board of Health pursuant to various provisions. Supervisor Stec- I thought we needed one just because it’s a holding tank. Mr. Manz- Sounds like no matter what we have to come back, even if it’s a holding tank. Supervisor Stec- Correct. Well, either way, even if you try to press on with the direction now you are going to need to come up with another variance; which means we won’t approve that tonight anyways. And you’ve been listening to the Board and I’m not arguing with the sentiment of the characterization of the Board as far as the holding tank. Either way it looks like you are going to modify this variance, which means we won’t act tonight, or you are going to come up with a variance for a holding tank application which also will require us to advertise and set a public hearing. If you are quick about it because of the way the calendar works if you turned in a variance application this week we have nd another Regular Town Board Meeting a week from tonight the 2 to set a public hearing th for the 16. You have an unusual window of opportunity that we are going to have two consecutive Mondays with Regular Town Board Meetings, which means that we could be in a position to hear the public hearing on the 16th; as opposed to November. Mr. Manz- We will be quick on whatever we do. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 13 Supervisor Stec- Well, I’m just saying, I’m just trying to be helpful. Mr. Manz- I appreciate that, seriously. We do want to take advantage of that. Supervisor Stec- If you get something in in the next couple of days- I got to think that a holding tank application has got to be pretty, compared to what you’ve got, has got to be a pretty minor thing to do to get together for us quickly, and we can set the public hearing ndth on Monday the 2 for Monday the 16. Mr. Manz- So rather than just a couple of days you have to give us a deadline as when this would have to be in if you can. Supervisor Stec- By the close of business Wednesday. Mr. Manz- Close of business Wednesday. Supervisor Stec- I think that the advice you got from some members of the public and some members of the Board as far it, that’s if you are willing to go in that direction; a holding tank application you may ask to withdraw tonight rather to vote to deny because it frankly preserves more rights for the applicant. Mr. Manz- Yeah, we’ll withdraw it, thank you. Supervisor Stec- Okay. You’re welcome, thank you. Okay it’s withdrawn, public hearing is closed, the application is withdrawn, contemplating that we are going to get an application by the close of business Wednesday, get you on next Monday to set a public th hearing for the 16. Mr. Manz- Exactly, appreciate it. Supervisor Stec- Okay. Thank you. Mr. Manz- Thank you very much. Supervisor Stec- You’re welcome. DISCUSSION- DEEP HOLE TEST PIT MCKENNA Supervisor Stec- The next we added a discussion on deep hole test. Again, I did this, we haven’t had one of these discussions. Usually we handle these during workshops. The way that holidays and some of the Mondays have fallen and most importantly because the next discussion item involves a failed system, I wanted to get it on as quickly as possible. With that, I don’t know if Mr. Shawn McKenna is present or we are going to talk about 19 Belle Avenue and that property and the letter that you sent us I guess it was last week. This will be an informal discussion with the Town Board. We have, just so you know, I’m not sure how caught up to the current situation, tonight on the Town Board resolutions #6 the Town Board is likely to identify Barton and Loguidice as engineering firm that will go and observe these deep hole tests. That has been the glitch that I’m sure you’ve at least heard about. We normally, up until a couple of months we didn’t get into this level of detail, but due to a few different circumstances we are now. The good news is that we’ve identified a firm that can do these likely in a quick time frame. So with that, if you want to just briefly describe to the Board, and we all should have a copy of your letter Mr. McKenna. So I will turn the floor over to you. Shawn McKenna- Okay. I’m sorry, what are you looking for at this time. Supervisor Stec- A description of what you want from us. Mr. McKenna- We are looking to get a permission to do a deep hole test. Dave Hatin and Councilman Boor- Granted. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 14 Councilman Sanford- Granted. Supervisor Stec- Alright, I thought it would be easy. Does any Board Member have any questions? I don’t have a problem with this location. Mr. McKenna- One question, if the deep hole test tests to be okay for the system that I have drawn here can we go forward with just code enforcement? Councilman Boor- It’s a great question and I think Supervisor Stec’s description was a little bit abbreviated. It’s not so much that this guy’s just going to go and watch you dig deep hole test pit. He’s going to recommend if a perk test is required, if pre-soaking is required. Your engineer or the individual who would be doing this work, by phone or in person if they choose, meet with an individual with Barton & Loguidice more than likely, Ralph VanDusen. He will very clearly tell you, he going to review the drawing you have, what you are proposing, so he knows where the test hole pit going to be. He’ll say, here’s what we need to see, here’s what I’m going to be looking at. He’s going to be filing a report with us and he’s going to bring it back to the Town Board, not the Director of Building and Codes as was typically the case. We will review it and say yeah fine or you need to do something else. Mr. McKenna- We offered to do the deep hole test and the perk test all at once and we had the engineer Jarrett Martin, you read in there. He can be present at that time? Councilman Boor- This is where your engineer will have to coordinate with Barton & Loguidice, and they will coordinate. Supervisor Stec- And it you have a pen I will give you some information right now. What we’ve decided to do is following, usually in a workshop setting, but tonight the Regular Board Meeting this discussion. I didn’t’ think the Board would have a problem with this moving forward. Tomorrow I’m going to send what I’ve got. I’ve got your letter, your sketch and your layout, that’s going to get faxed to somebody, the guy’s name is Don Fletcher at Barton & Loguidice. I’m going to tell him that the Town Board would like him to coordinate with you, the applicant, to have him come out and do the more detailed description that Roger gave you. He’s with Barton and Loguidice, their phone number is 218-1801 that will get you a receptionist, ask for him. Tomorrow morning this will get down there by lunch time. Mr. McKenna- He’s representing you? Supervisor Stec- He’s representing the Town. Councilman Boor- The Town. Mr. McKenna- Will we need our own engineer as well? We are trying to keep the expenses down. Supervisor Stec- Yes, for now, for the time being. Have Jarrett Martin, whoever is representing you from there, contact B&L. They know each other. Just say coordinate that event, coordinate that day. Pick a day they will all be there, they will all come to look, they will check it out. Then he tells us everything looks good, the Town Board will green light you to move forward. Mr. McKenna- If the test clears we will not need to come back here? Supervisor Stec- Assuming the test clears. Councilman Boor- No. Supervisor Stec- No, the report will come to us. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 15 Councilman Boor- We’ll send a report to Building and Codes and they will issue the appropriate permit. Mr. McKenna- And our application will be accepted. Councilman Boor- Yes Supervisor Stec- Correct. Mr. McKenna- Okay, being a failed system with a situation, that’s what we are hoping for. Councilman Boor- Yeah, and we want to get it going. Supervisor Stec- We want to try to move this along for you. We apologize for any inconvenience that our process has caused. So, if there is no objection to, no I don’t think so. Good luck! Mr. McKenna- Thank you, sir. Supervisor Stec- You’re welcome. Councilman Boor- Do we need to, there was just discussion, no motion? Supervisor Stec- No, no ones objecting. That’s how we’ve done it in the workshops. Councilman Boor- I’ll make a motion that we come out of the Board of Health RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 23, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford 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 25 day of September, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None REGULAR SESSION 2.0 PUBLIC HEARINGS CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 PUBLICATION DATE: SEPTEMBER 15, 2006 OPENED REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 16 Supervisor Stec- Mike do you want to give us a broad overview for the benefit of the public about the sewer district benefit tax roll process. Mike Shaw- Sure. As Dan says these benefit rolls are updated each year. There are three benefit rolls that are assessed each year. These rolls are assessed units to parcels, these units are assessed based on acreage and water usage in a class of each parcel. These units are totaled and then the totals are sent along to the County to have the tax rate set. Each year we update these rolls. The first public hearing is on Central Queensbury Quaker Road Sewer District and the roll for this year total points total units for that district is up three hundred and sixty three units. That’s basically based on the district extension of Bay Road. The dollar per unit is adopted when the budgets are finalized and sent on to the County, but based on the current request, we expect to see the tax rate in that district go down seventy some percent. The reason for that is the major bond in that district has been paid, a ten million dollar bond has been paid. There are two other remaining bonds left in that district. Supervisor Stec- And again, to summarize this is a list of whose in the district and how many units or what relative share of the district costs each property will bear next year. Is that a fair way to summarize what you just said. Mr. Shaw- Correct. That’s what this is, the Central Queensbury Quaker Road Sewer District is a district that has set borders, these are all the parcels within that border. These are the units that will be assessed to each parcel. This is only units, like I said, the dollar value to those units is a processed that involves the budget, once the budget is adopted, the dollar value is actually adopted by the County, because it appears in a County tax roll. Supervisor Stec- I’ll open the public hearing. Is there any member of the public that would like to ask any questions regarding the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2007? Any questions of the Town Board of Mike right now. Okay, Mr. Auer. Doug Auer- I was actually going to call Mike at some point, so I’ll ask the question maybe to benefit everybody. The, correct me if I’m wrong, the new sewer district that was created for Great Escape and the Million Dollar Half Mile it’s part of the Central Queensbury District- is it or no? Mr. Shaw- No it’s not. We have three public hearing tonight and that is one of the public hearings. Supervisor Stec- That’s the next one, Route 9. Mr. Shaw- Each district has its own separate play here. Mr. Auer- I’ll wait. Supervisor Stec- Alright, fair enough. Anybody else on Central Queensbury Quaker Road? Hearing none I’ll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 RESOLUTION NO. 445, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 17 § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2007 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on September 25, 2006 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2007 for payment of public improvement expenses within the District in accordance with New York § State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 25 day of September, 2006 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 PUBLICATION DATE: SEPTEMBER 15, 2006 OPENED REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 18 Supervisor Stec- I will declare this public hearing opened and Mike if you would like to hit the highlights regarding Route 9 Sewer District Benefit Tax Roll and then Mr. Auer will ask the question he was about to ask before. Mr. Shaw- Once again this is a tax roll based on units. The units have been revalued for each parcel. This years units are down in that district about four hundred and twenty seven units and the reason is Great Escapes water usage has gone down. They are using water safer fixtures inside the Great Escape. Mr. Auer- As far as the water usage goes, the water that they use for the park, the water park, is that charged against the sewer district or is that metered separately? Obviously, they don’t discharge that into the sewer system. Mr. Shaw- Great Escape has taken under quite a transformation to put dedicated meters within the park. Originally they had four master meters outside that metered all the water within the park. What they’ve done is gone through and metered each one of their buildings that discharged to the sewer. So they have separate water metering now that is used for that purpose. So your short answer is, originally they used to use seventy million gallons of water that would be billed based sewer, but currently as putting these dedicated meters in, it will be something much less than that and actually the gallons that go down the sewer. What Doug is concerned about is their processing water, the water is used in their rides, its not going down the sewer I believe. Supervisor Stec-Right. If I could interrupt, I’m not sure if Mr. Auer, certainly the public is likely not aware, Mike this is, I’m recalling, the question that we were asked a while ago by the Great Escape when they realized oops were getting billed for a lot of sewer here. They did king of fish around to Town what do we need to do to correct this, can we correct, how quickly can we correct it and what year can we make it effective? Understandably so they were looking to say, hey, we know that were not sending this there is 2006. They paid a premium this year correct? Mike, I’m sorry Mr. Shaw- In 2006 they did. They paid based on their total water usage. This past year and a half they’ve gone in and put dedicated meters in and its been quite a process for them, but next year in 2007 we’ll see some part of that, in 2008 is actually when Great Escape will see the biggest difference on their bills. They still will be paying a substantial wastewater bill on the bonds, but they will be paying a lot less based on their water discharge to us. Mr. Auer- Okay, that sort of leads into my next question. When the design of this was done, and I know we have gone through this ourselves, you come up with some numbers that the developers responsible to do to figure out what the rates would be and so forth. Were those numbers predicated on that large number that Great Escape had and how much has this, I’m at a disadvantage because I haven’t looked at your numbers, but I have been curious about this for some time. Mr. Shaw- That’s a good question. Supervisor Stec- The denominator go smaller and what does that do to everyone else’s’ numerator. Right. Mr. Shaw- In the original design with Great Escape we did sit down and talk to them about the assessed value or the value we would use to bill them. We had concerns about the actual water usage number. In the decision that Great Escape became interested in, sanitary on Route 9 they also looked at providing their own wastewater treatment plant. They had Delaware Engineering go back and do some actual engineering studies based on the actual discharge they would need and the size of plant they would need. So, when we did our original estimates, our original estimates include Delaware Engineering’s information on the actual discharge to us. When we did the benefit roll in the original public hearing the numbers for Great Escape in there for a water discharge to us was based on Delaware Engineers estimates. So, when we get all said and done in 2008 I think we will be very close to original map plan report which was sixty some dollars per unit. I think that’s what it will all shake out to be. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 19 Mr. Auer- One other question that I was curious about with this, the sewer district that was created at the same time that is not part of this district that has the whispering pines and I forget the name of the other apartments up there on Weeks Road. Supervisor Stec- Robert Gardens Mr. Auer- Right, okay. That is not part of this district correct? Mr. Shaw- No that actually is part of Route 9 sewer district. That has a separate pump station by design that the way it happened, but it is part of the Route 9 sewer district. It’s part of that whole project. Mr. Auer- Okay. But its discharged into a different gravity system, correct? Thanks. Supervisor Stec- Okay, you’re welcome. Is there anyone else that would to comment on this public hearing? Mr. Salvador. John Salvador- Thank you. Is there any prohibition against water user providing his own source of water from his own site that might eventually go into the wastewater system? There’s water all over the Great Escape site. It’s fool hearty to take treated water that we have moved from the Hudson River through a treatment system, through a pumping system, a transmission system and stick it in a toilet. You can put a shallow well in some place and just pump the water and fill the toilets. Is there any prohibition against them doing that? Councilman Boor- John even is there was one can only imagine the enforcement issues. We’ve got situations where we have residential developments that have their sump pumps run into our sewer system. Mr. Salvador- That’s a question of will. Councilman Boor- Well I think it’s an excellent point and I don’t disagree with it, but as were faced in many parts of Town on different issues enforcement becomes a problem. It’s a good point. I’m not arguing that it’s not a good point, it’s an enforcement thing. Mr. Salvador- Is there a prohibition? Mr. Shaw- No, there isn’t John. Over the years, and this is a question, and certainly a good question, over the years we have seen occasionally a well come up but those people seem to be very eager to get on to municipal water and do away with the wells. Could it be a problem one day, absolutely. I guess if that ever happens, we’ll have to address that somehow. Supervisor Stec- I was going to say the first time that, I agree John it’s an excellent point, the practicality of enforcement is obvious as well. Certainly, the first time that we run into this situation that somebody’s getting over on the system, that’s usually what precipitates the hammer and I’m sure the hammer will fall. Mr. Salvador- I can understand people anxious to be on municipal water supply. It doesn’t necessarily mean that they would be anxious to use and pay for that same water to put it into their toilets. Councilman Strough- I don’t know John, I think the Great Escape would want the public to know that they use nothing but the best water in their toilets. Supervisor Stec- And urinals. Thank you, John. Anybody else of the Route 9 Sewer District Benefit Tax Roll for 2007? Alright, hearing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ADOPTING ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 20 RESOLUTION NO. 446, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Route 9 Sewer District Benefit Tax Roll for 2007 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on September 25, 2006 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sewer District Benefit Tax Roll for 2007 for payment of public improvement expenses within the District in accordance with New York State Town Law § §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 25 day of September, 2006 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 21 SOUTH QUEENSBURY- QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 PUBLICATION DATE: SEPTEMBER 15, 2006 OPENED Supervisor Stec- I will declare this public hearing opened and Mike if you want to summarize this benefit tax roll, this is a relatively new sewer district. Mr. Shaw- Yes, this benefit tax roll is for Queensbury portion of the South Queensbury Sanitary Sewer District. For people may know or may not know, this was a joint effort between the Town of Queensbury, Town of Kingsbury, Warren County and Washington County to sewer that area and take care of a nagging problem over there. When we do these rolls, the Town agreed that we would do benefit roll for all concerned communities and the Town would bill based on that same benefit roll. This here includes the Queensbury parcels only. We don’t adopt the rolls based on Kingsbury and Washington County and so on and so forth; but, having said that, they pay their equal share. In fact, their share is very close to Queensbury’s share with combined Warren/Washington and Kingsbury. I think it’s a good point, people should understand that, its municipal government working together. It’s a little tough over there at times but we have worked this out; having said that the roll this year is going to be one thousand ninety points of the Queensbury portion, down about seven units. Supervisor Stec- Okay. Any questions for Mike? Comment from the public regarding the South Queensbury Sewer District Benefit Tax Roll for 2007. Hearing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2007 RESOLUTION NO. 447, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2007 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 22 th WHEREAS, the Town Board duly conducted a public hearing on September 25, 2006 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2007 for payment of public improvement expenses within the District in accordance with § New York State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 25 day of September, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 3.0 CORRESPONDENCE NONE 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 PRIVELEGE OF THE FLOOR John Salvador- Questioned the Board regarding resolution 7.4 authorizing swap of property between the Town of Queensbury and Queensbury Economic Development Corporation; asking if we are moving one operation from one side of Town to the other and calling economic development. Also questioned resolution 7.6 authorizing Barton and Loguidice P.C. for provision of septic-related deep hole and percolation test. Wanted to make sure we are going to have a professional engineer do this work. With regards to resolution 7.10 authorizing amendment of resolution 433, 2006 concerning Crandall Public Library district propositions- encourages adopting that amendment of that resolution. Understands there is some objection on the part of the Library Administration to incorporating this extra phrase. However, in every budget review that we’re involved with, whether it is a school budget or a county budget a town budget, the bottom line is always the REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 23 percentage that the budget is going up over last year, or down. Stated that the budget last year increased 13% and it slid under the radar because everyone was concerned with the capital project. He made a presentation of a bar chart he created that shows the fluctuation of card member registrations in the Town of Queensbury. The overall use of the library is in a decline. More people may be walking through the front door but fewer people are walking out with books. They are using the services there at the library. Stated that we need to get a handle on what is the need for this expansion. He has asked for a list by name of those people in the Town of Queensbury who are registered and has not been able to get that. Lincoln Cathers- Stated that he has a summer residence in Pilot Knob and he was following very closely the “Franken Pine” that now exists in Pilot knob. He was in the group that opposed it. He witnessed the installation of the tree and talked to the gentleman who designed the tree. He is here to report that we have a three win situation. The group who opposed the tree won because we now have a tree that you cannot distinguish, the cell company won because they have the cell coverage they wanted on the Lake, but most importantly, there is a win for the Adirondack Park Commission. Stated that he is here eating crow because he was against it but is very supportive of it right now. George Drellos- 27 Fox Hollow Lane Spoke in regards to resolution 7.6 authorizing engagement of Barton & Loguidice P.C., for provision of septic-related deep hole and percolation tests. Wanted to know if there are any fees to the public? Supervisor Stec reported that it is believed that for the time being the Town will cover the expense. There will need to be a local law to be passed in order to charge that back. Mr. Drellos asked about a time frame and cost. Supervisor Stec said that it could be as quickly as days and it could be in the few hundred dollar range. Richard Merrill- 6 Sunset Trail, North Queensbury Here as the President of Board of Trustees for Crandall Public Library. Spoke regarding resolution 7.10 authorizing amendment of resolution 433,2006 concerning Crandall Public Library District propositions. Stated that on August 30, 2006 approved and adopted a budget proposition for placement on the ballot for the general election in November 7, 2006. The same format and procedure was followed that has been used since the district was formed in 1992. Stated that the proposition also reflects the same general format is used for school budgets. The proposition was forwarded to the Town Clerk with the request that the Town th Board authorize placement on the November 7 ballot. They are not required to submit this to the Town Board but did so as a courtesy. It was a simple request for authorization to place it on the ballot to let the voters decide. Stated that it’s their position that the budget proposition as approved by the Library Trustees is not subject to approval by the municipalities comprising the special Library district. The budget proposition is the Library’s not the Towns. Based on legal research by the Library attorneys this week it appears that the Town Board has no authority to change or alter the wording of the Library proposition. There is no legal requirement that they obtain the Town’s authorization to place it on the ballot. They recognize and share concern that the voters should have enough information to make an informed decision. In accordance with the law, they will be holding a public hearing on the Library budget for the Town of Queensbury here at this facility on October 10, 2006, one will be held with the Common Counsel in Glens Falls on October 12, 2006 and Moreau on October 17, 2006. Mr. Merrill submitted a letter to the Town Clerk requesting that she certify the Library propositions as submitted and forward them directly to the County Board of Elections. Pliney Tucker- 41 Division Road Queensbury Spoke regarding resolution 7.10 authorizing amendment of resolution no. 433,2006 concerning Crandall Public Library district Propositions. Stated that this Library district was formed in 1991 and he was a member of the Board when it happened. Recommends that they don’t pass this resolution and recommend that they withdraw the one that they did pass. Stated that he had information come to him that money has been mishandled since it has become a public library and that an outside auditor should look at the books for the Crandall Library. He also recommends that the commissioner of education take a look at the operation then if it is so have the Attorney General and Comptroller look into it as well. He requests that the Town Attorney not be involved with this. He asked to weeks for a total of REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 24 accounting of the expenses of the Crandall Library and he would like to know where the money came from to pay for all the expenses for the addition to the Library up to this point. Councilman Sanford- We are going to take action on resolution 7.10 tonight. In terms of your other issues I’m not sure we are going to be contemplating taking action. The purpose of this individual councilperson’s concerns with the resolution that the Library suggested in terms of the language really doesn’t have much to do with a lot of the things you are talking about. What is has to do with I believe very, very strongly in having a properly informed voting public. I felt the Library proposition which stated a number without stating any basis for understanding that number was woefully inadequate. I have no agenda against the Library. My whole family has used the Library for as long as I can remember, but I believe that we have a fiduciary responsibility to the elector and that they should have a basis for understanding the proposed budget number, and that number being the Library’s budget number not the Town of Queensbury’s, the budget. It’s the Library’s number. We’re not changing their number. Pliney Tucker- I know that. Councilman Sanford- People out there who might be watching this on television or in the public tonight might not understand it. Basically, all I was suggesting was to add one, not even a sentence, but one line which following the amount that the Library has budgeted for Queensbury which was $885,356 I suggested adding the following: and represents a 9.14% increase over the 2006 level which was $811,186- that’s it. To me I can’t for the life of me understand why the Library folks wouldn’t want to do that. Why they wouldn’t want to give the people some information so that they would be better informed and better understand how thing travels from one year to the next. If I asked you Pliney, what the budget was for 2006 for the Library you probably wouldn’t know it. If I asked you what the percentile increase for 2006 over 2005 you wouldn’t know it when you went to vote because it wasn’t in the Library proposition. Pliney Tucker- I did know that it went up every year. Councilman Sanford- So, whether it be the Library, whether it be service award contracts for volunteer fireman, I’m not taking position on the actual issue but I’m taking a very, very strong position on the right for people who vote to be properly informed, and on that I won’t yield one bit. So, now in terms of your other issues that is not, in my opinion, the business of this Board, certainly, not at this time to go and make this into a rolling snowball. All I want to do is make sure that if this Board is going to pass a statement in terms of what the wording would be that it be done in a responsible, well thought out manner. That’s it. Pliney Tucker- This information that has been brought forward, you’re not even going to take a look at it. Councilman Boor- Pliney it’s really, what you need to do is you need to go to the Library ask them and if they’re unwilling or not agreeable to your request then maybe you will have to go to the District Attorney or maybe you have to go to an authority. The Town Board is not in the business of meddling with the Library, they are a separate entity, they are a 501C3. Granted they’re funded by the taxpayers and that’s why I think Mr. Sanford approach to this is very responsible. But, you know, we’re not actively involved in the running of the Library, that’s a separate entity. God help us if we start getting involved in the business operations of every not for profit in the Town of Queensbury, and in this instance Glens Falls or Moreau depending upon on how you look at a library district that is incorporated into three communities. It’s not our responsibility, it would be inappropriate and I don’t see it serving the purpose that you might have and that might be to find out if something is askew. We don’t have that expertise nor is it our responsibility nor should the taxpayers be funding this. If you feel there is something criminal then you should approach it that way. This Board is a legislative board. Councilman Sanford- I think as individual people within the community we all have a right to be concerned and question anything. Again, I just want to make sure that people don’t construe the reason for clarifying and putting this language in is basically just to properly inform the public so that they have a better basis for casting a vote. For those of you people who have REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 25 an interest, you may want to reference chapter 456, which was a 1992 law State of New York with the Assembly and the Senate. They passed this and this was the enabling act which established the library district as we now know them. I know you know this Pliney, but for other who might not know it, it’s not that lengthy, it’s about a nine or ten page document. In that document it spells out some of the issues that Mr. Salvador was referencing which is that the Town of Queensbury pays it share as do all the other entities’, Glens Falls and Town of Moreau, under a formula. Each Towns formula, there’s two components basically, 50% is a function of assessment and so to some degree our amount that we have to pay has gone up a little bit because our assessments visa vie the other communities has gone up a little bit more. So that this assessment that look place a while back has actually contributed to some degree to the increase in funding. Councilman Brewer- Didn’t the City do a reval too? Councilman Boor- But their percentage didn’t go up as much as ours. Councilman Sanford- Their percentages go up as much. The Second 50% component of what we pay, is as Mr. Salvador did such a nice job with, is a function of card holders. The key here is when you add the two together and look at it right now, of the total Library amount Queensbury is paying 55% of the budget with Glens Falls at 25 and Moreau at 20. Councilman Boor- It’s probably also important for the public out there, this is operating costs this isn’t the new Library. We are only talking about operating budget here. This isn’t the new building or anything. Pliney Tucker- How do you know where the money is going? Councilman Boor- I’m just telling you that this is their operating cost this is not the new building, so don’t get that confused in this. Pliney Tucker- I won’t get it confused. Councilman Sanford- So, Pliney we’re really not, this Board I don’t think is contemplating doing anything more than try to pass what we believe would be a responsible resolution. Pliney Tucker- Okay, that’s all I wanted to know. Councilman Sanford- That’s a straight answer, a long answer to a very direct question. Sorry. Bernard Rahill- Stated that he is a very strong proponent of libraries. He has taken about sixteen books out of Crandall Library over the past four or five months. The service has been excellent. With regards to the fiduciary cogency of the Library Board, It’s up to Mr. Merrill to clarify anything that Pliney Tucker might bring before the Board. He suggests that the numbers get looked at to see if they are accurate and responsible for what is going on in the community. He is in favor of the Library. Suggested that we have a representative from each of our departments come to these meetings to make a presentation in order to inform the public about what is going on in our community, and what services are being provided by the Town employees and how they are presenting them. Barbara Caimano- 36 Surrey Field Drive Queensbury Vice President of the Crandall Library Board of Trustees. Finds it interesting that the Town Board does not know how much they should do to make sure the public be more informed about what the departments are doing but they are taking it upon themselves to try to inform the public more about what the Library Board is doing; a separate entity that they have no authority over. Wants to make it clear to Mr. Tucker that the Library books are audited annually by the firm of Fuller and LaFarr. The audit is public knowledge. There are fifteen Board Members from the communities of Moreau, Glens Falls, and Queensbury; dually elected by the public. They have a handbook for the Library Trustees, they have REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 26 responsibilities to the State and they take an Oath of Office. They are trying to present the best Library Services for the public. Prior to adopting their budget they have a public hearing and Library Board Meeting- the last Wednesday of every month. They have scheduled public hearing on that budget. They are not trying to keep any secrets about what the budget is or what the percent increase might be. The operating budget is completely separate from the construction project. They are paying the ongoing expenses from the amount of money that they have so far raised in their fundraising drive, which is 3.5 million dollars as of now, which in addition to the bond which passed of 12.85 million will be used for the new construction. The bonds have not been sold yet, they hope to be selling them shortly. In the meantime, the expenses that have been incurred for construction manager, architect fees etc. all coming out of the expansion budget from the money that they have raised so far. Monica Duffy- Attorney for the Crandall Public Library, office is located in Glens Falls, and a resident of Queensbury. I am a huge supporter of the Library on a personal level. Something was said tonight and I think it was said by Councilperson Sanford that the Town Board has been asked to pass on this resolution. That’s completely incorrect. You have not been asked to pass on this resolution. As Mr. Merrill has pointed out in his letter, as a matter of courtesy to all the municipalities, not just the Town of Queensbury, the letter is directed to your clerk, the Town Clerk. That’s in accordance with election law section 4108 with respect to certification of ballots for general election. It’s directed to your Town Clerk, it’s provided to the Town Board as a courtesy. What the Library has done over the years and again as a courtesy, is to ask the Town Board for authorizing to put the ballot, not the Town’s ballot, proposition- I’m sorry, this is the Library’s proposed proposition. The proposition that was adopted by the Library Board at its meeting held in August and to just authorize placing it on the ballot at the general election. That is all the Town Board has been asked to do. As to what happened at the last Board Meeting I wasn’t here or the workshop. I don’t know, quite honestly, how this has gone so astray from what the Library Board has asked the Town Board to do. My understanding, I represent probably about two small towns up in the Northern part of the State. They are not the size of Queensbury; however, I do represent approximately ten to twelve school districts in this area. My understanding is that with respect to the power of a school board to act in the same with the power of a town board to act they can only act when they have specific authorization or there is some statute that allows them to act. They have to have a legal basis for what their actions are. We know of no legal basis for the Town Board to any way tweak, change add to, whatever you want to call it, the Library Board’s Proposition. We’re unaware of any statute; we don’t believe that this Town Board has identified any statute or case law that allows the Town Board to change the proposition of a public library special district. To the contrary, what has happened is when that has been challenged, which is what happened at the last Town Board Meeting, we have gone out and found a specific statute to the contrary, which basically says that you cannot do that. That it is passed to the Town Clerk who has to within a certain period of time pass it on and certify it and transfer it to submit it to the Warren County Board of Elections. There is a case that Mr. Merrill cited, we had gotten the case for him, its a recent case 2004 that basically says there is no discretion by the Town Clerk with respect to that proposition. The duty of the Town Clerk is to pass is on to the Warren County Board of Elections. What Mr. Merrill submitted today was a second letter to your Town Clerk today asking her with accordance with the election law section 4-108 to certify the proposed proposition and to forward and transmit it to the Warren County Board of Elections to be put on the ballot at the general election. Unfortunately, there is no discretion by this Town Board; there is no legal basis for this Town Board to change, alter and to do anything with that proposition except to get it to the Warren County Board of Elections. You have no legal basis to do that. What we are asking tonight would be that this resolution that was adopted, and quite honestly, I’m not even quite sure what the resolution was at the last Town Board Meeting, but that resolution should be rescinded by this Town Board this evening. You have no legal authority or basis to change that proposition and it lies now in the hands of your Town Clerk. Councilman Boor- I’m going to go first on this. I’m a little bit confused, because on the one hand I think you accurately depict what you have asked the Clerk to do, and yet this resolution is before this Board not that Clerk. So, you may be 100% accurate with regards to Darleen, but we’re the ones with a resolution to pass not the clerk. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 27 Monica Duffy- No. Councilman Boor- Yes. Monica Duffy- What I’m saying Councilman Boor- Excuse me, I’m going to finish because we gave you the privilege of the floor. I thought we were quite polite and I can assure you that a lot of us wanted to step in. You will get time for rebuttal but I think we should all be allowed to say our piece. I find it odd that you would want to rescind the resolution because it is exactly as you wanted it. So, again, I would have my information; the one that we passed last week was as you wanted it. We said we wanted to take time to see if we wanted to amend it. So, I would be very careful about the facts that you put out there before you say those types of things. Now, Mr. Sanford is going to handle the legal issues as to what we can and can’t do and what this Board has the right to do. You may give this to the Clerk, she may send it exactly as you want it but this Board does not have to take the action that you’re asking it to take. Councilman Sanford- That’s correct Roger. Monica Duffy- Do you want me to address your point or do I have to wait until Mr. Sanford’s done. Councilman Boor- It’s up to you. If you’d like to address mine. Monica Duffy- I don’t want to go out of order Mr. Boor. Councilman Boor- I think it’s going to be helpful if you hear what he has to say. Councilman Sanford- The only thing I have to say is we were asked to prepare a resolution with the language that I previously explained I didn’t feel was adequate for the reasons I also explained. Monica Duffy- I’m sorry, I don’t understand that, you were asked by whom to prepare a resolution? Councilman Boor- The Library. Councilman Sanford- The Library asked us to take the necessary steps, which has always been passing a Town Board resolution to place your paragraph, which reads this way: the proposed 2007 budget of the Crandall Public Library District is $2,452,174 to be partially funded by the municipalities comprising the district. The share of the proposed budget to be raised by advolorum assessment upon the real property within the Town of Queensbury is $885,356. Shall the proposed budget be approved? That’s the Library language. That was presented to us not at the workshop that Mr. Merrill attended but at the Regular Board th Meeting of the Town on September 11. At that time, I said I was concerned because it didn’t adequately inform me to be able to make an intelligent decision just with the number there. I discussed my feelings on that. Dan Stec suggested that we approve the resolution with the added understanding Supervisor Stec- We added words. Councilman Sanford- We added language, we said that substantially that same form. We then had a workshop Monica Duffy- If I may just Councilman Sanford-No, wait I just wanted to given the history here. Monica Duffy- I want to make sure I understand the history because what I read in your minutes, if I may, was that with the resolution that was adopted didn’t say just adopt the resolution as proposed by the Library that was handed to us from the Library. If I understand the resolution that I read in the minutes last week it actually says to approve the proposition from the Library or something similar there to. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 28 Councilman Sanford- Yes, in a similar manner. Monica Duffy- Okay, I just want to make sure, there’s a difference, there’s a difference. Councilman Sanford- Right. So then what happened was I went and I thought about what might be a way to improve upon, not change your budget number, because according the law, which is 456, it’s clear we can’t change your budget. What I wanted to do is merely expand upon it to some degree to improve upon it in an effort to better inform the people. So, I presented this alternative that was prepared into a resolution. Monica Duffy- Excuse me, what’s this? I don’t know what you are referring to. Councilman Sanford- Where I added after, I’ll read it Monica Duffy- Is this a resolution that’s for this evening? Councilman Boor- It’s identical to yours with an additional sentence. Monica Duffy- No, no is that something that’s being proposed for this evening? Councilman Sanford- For tonight, sure. Councilman Boor- Yes. Councilman Sanford- Resolution 7.10 Monica Duffy- Okay, unfortunately, the Library hasn’t been provided a copy of your proposed resolution. Councilman Boor- Dick had it. Councilman Sanford- Well anyway, it is basically the same identical resolution that the Library had but after the amount of $885, 356 we’re suggesting adding this following line which says: and represents a 9.14% increase over the 2006 level which was $811,186. Now what I did, we had our lawyer look into a number of issues, he issued one memo and that raised some additional questions and then I talked with him again got some clarification and then I also in turn got a copy of 456 from 1992. Monica Duffy- That’s the enabling legislation. Councilman Sanford- And I read that. Basically, it talks the terms of the process and basically the process on how everything travels is less than clear; I’ll be perfectly honest with you. But, there is nothing in there that suggests that anything that we’re contemplating tonight is inappropriate. My understanding by reading 456 is that it is the Library’s budget, no question about of it. But, it is the Town Boards resolution. Monica Duffy- Wait, wait, where, if I may, Mr. Sanford in the enabling legislation does it give the authority to your Board to approve the Library’s budget proposition. Councilman Sanford- It doesn’t talk in terms of the Library proposition. Only where it mentions it is on page 5 line 23 were it goes municipalities shall not make any changes in the estimate of revenues or expenditures submitted by the Board in preparation of its preliminary budget; which I would advance to you that we have made no changes in your singular number that you have given us. Monica Duffy- No, no, but, if I may Mr. Sanford, when you have your proposed resolution is a change to the Library budget proposition that was adopted by the Library, it’s their budget, their budget proposition. What I am saying to you, where in the enabling legislation does it allow the Town Board to legally change the Library’s budget proposition that was adopted by the Library and has been transmitted to your Town Clerk for certification and transmittal to the Warren County Board of Elections. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 29 Councilman Sanford- If you read the enabling legislation Monica Duffy- I have read it many, many times. Councilman Sanford- It talks in terms of the Library budget, it does not to my knowledge talk in terms of the Library proposition. Monica Duffy- And that’s why Councilman Sanford- Show me where it says it. Monica Duffy- I will, I will. If you look at section 4-108 of the election law it says whenever any proposition as provided by law is to be submitted to a vote of the people of a special district, this Library is a public library special district, at an election conducted by the Board of Elections, the Clerk of such political subdivision, at least thirty six days prior to the election, at which such proposition is to be submitted shall transmit to each Board of Elections a certified copy of the text of such proposition and a statement of the form in which it is to be submitted. Now, if you also look up the case that Mr. Merrill cited in his letter, which is in the matter of Johnson Memorial Library, the appellate division, third department, which is the appellate division that governs this area specifically held that the job of the Clerk is to transmit that to the Board of Elections, without- that person no discretion to change- let me finish Councilman Sanford- I am going to let you finish. Monica Duffy- That proposed proposition. Now, in this case, which we have said numerous times now with all municipalities the Library has as a courtesy over the years addressed the letter to the Town Clerk but has asked the Library’s as a courtesy authorize putting it on the ballot. Councilman Sanford- Asked the Board’s not the Library’s. Supervisor Stec- You said the Library, you meant the Board. Monica Duffy- I’m sorry, I’m sorry, I’m sorry the Library, I meant the Board. To put it on the ballot. If you look at our letter that was sent from Christine McDonald, the Executive Director of the Library, it says and your resolutions and the proposed resolutions that she sent with the letter, the last one on the bottom says: please, as another resolution, direct your Town Clerk to submit this to the Warren County Board of Elections; which is done every year. What has happened this year with the Town of Queensbury, and it’s unbeknownst to why, is that we have been doing this for year and that courtesy to the Town Board, which mind you, next year they are going to re-think any courtesies to the municipalities because Councilman Sanford- Please spare us your courtesies. Monica Duffy- no wait a minute. So what they are going to do is that they said we want you to authorize it and what this Town Board has now done has taken the authorization and interpreted it to mean you have the right to rewrite, to change the Library’s budget proposition for 2006. What I am saying to you is that it is the position of the Library is, is that as a Town Board you have no legal basis to do that, and you have not identified any by quoting the enabling statute. Councilman Sanford- Ma’am, I think we got your point. And that’s your representation and that’s fine. You may be right, you may be wrong, I ain’t going to argue all night long. Basically, we passed a resolution because we were asked to do, which has been the historical procedure. Now you are saying, wait a second, we should never been asked but you were doing it as a courtesy. I don’t know if I want to use that word. Monica Duffy- Okay, if I Councilman Sanford- Now, let me finish please. So, my point is that this- here is where we are going to leave it, we passed the resolution which we already talked about. Tonight we have REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 30 another one. We are going to bring it to a vote and if it passes it will be the Town’s Board resolution. You have already through Mr. Merrill given to our Town Clerk how you feel it should take place with basically a directive for her to make sure that its on the ballot. If you’re legally correct, I’m sure it will all get flushed out that way. However, I am not going to, just because your representations in a very, very gray area say okay that makes a whole lot of sense, we’re just going to call it a day. Because we we’re asked to do this as I mentioned earlier I’m not comfortable with the wording that you prepared, or your Board prepared. Quite frankly, I’ve been pretty polite up til now I think the wording that you used was insulting to the public; by just giving them a number and asking them to make a decision on a number without any basis of comparison is totally irresponsible for you to have done it that way. Now, having said that, if you’re legally right it will prevail. Maybe we need to have a judge take a look at it. Now, I did ask our Counsel to clarify it and he writes in his last sentence of his letter: as we also stated we cannot predict what the result would be if the Library asserted that the Town Board has no right to amend their propositions, but we feel that it is a difficult position to argue against, providing more information to the voter when you do not change the Library’s budget information. So, basically, our attorney is recognizing a gray area here in terms of how the mechanisms work to get this on the actual ballot. My frame of reference what has historically done, our Counsel has stated that he thinks it’s going to be a peculiar argument on the part of the Library, my words not his, to try to argue against providing more information to the voter when we’re not in fact changing the Library budget information does be a very significant question, why are you people so upset about this? Why are you so upset about giving the voters more information? Monica Duffy- Okay, first of all, they are not upset about giving more information. The point is, if you refer back to the enabling legislation, it is the Library’s responsibility to have their budget hearings not the municipalities. It is the Library’s responsibility by law, according to the enabling statute to have budget hearings. All this information that you are talking about, the percentage increases, the proportionate shares with the towns, all this information is discussed at every one of the budget hearings. They have the budget hearings and they’ve been doing this since the Library in 1992 became a public library special district. They’ve been following the statute. They have budget hearings in each one of the municipalities every year. Quite frankly, Mr. Sanford, if the Town has concerns and they want to make sure the information gets out to the public, my suggestion to the Town Board is not to do it the way they are doing it now and to attend those budget hearings and make it known the Town of Queensbury Town Board has an issue with the information getting out to the public. Councilman Sanford- With all Councilman Boor- Wait a minute- you’ve gone Councilman Sanford- I’m going to go I have one more come back. Monica Duffy- Let me finish, let me finish, let me finish, number one. Number two I represent school districts and I told you that before. School districts budgets are worded the exact same way this budget, the proposition that the Library adopted. There’s a very good reason why you don’t start putting in numbers as to percentage increases; because one it can lead to confusion to the taxpayers; number two the reasons why school districts are not allowed to do it and there is never a percentage increase or decrease in a school district budget vote, the proposition, is because it reeks of electioneering and the commissioner of education has held that time and time again. Councilman Sanford- Thank you. Monica Duffy-Now, let me finish. Number three, and I’m going to get back to this, because what has happened here is the Library asked for a resolution from this Town Board authorizing, the placement of the Library, the Public Library Special District Budget Proposition to put it on the ballot at the general election. They asked for a resolution from the Town Board authorizing that. They did not ask this Town Board approve or disapprove or change their proposition, they asked you to authorize it. Quite frankly, if you didn’t agree with the wording the simplest thing would have been to do would to be not authorize it. REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 31 Councilman Sanford- And that’s right and Mr. Stec didn’t want to go in that direction. Monica Duffy- And what the Town Board has decided to do is to change it. Councilman Boor- If you had been at the workshop, I asked that very question of Mr. Merrill. I said if you’re not happy with what we’ve done that we just won’t forward to the Board of Elections and you can do exactly what you said and you can run it through the Clerk, and that’s on the minutes and you can read it. Mr. Merrill took offense to that and threaten that he might sue. I’ve got to ask what is your intent here? What are you here for? Monica Duffy- What we’re here for is because there is a process that’s in place and it’s the position of the Library that for some reason this Town Board has decided to abuse that process. Councilman Boor-By giving more information to the voter. And when you talk about these budget hearings at the Library, are you anticipating that the number of 13,000, I believe Mr. Salvador gave, are suppose to attend these meetings? You want to have 13,000 card holders go to these meetings? Is that what you’re asking? Monica Duffy- I don’t know how many people come to these Councilman Boor- What they do is they do go to the polls and that’s where the question is asked and that’s where they interface with the Library as when they pull that lever yes or no. That’s the interface that a majority of people have when they review the Library. They don’t go to those budget hearings. I’d be willing to bet that half of the people that sit on the Common Council, this Town Board, and those in Moreau don’t go to those meetings. So, the notion that the common Joe or the child, lets not forget that many of these card holders are children. Monica Duffy- My child’s a card holder. Councilman Boor- You’re anticipating that their going to go to these budget hearings? All we are lot to talk about. trying to do is let the voters know here’s the budget they gave, this is what it was last year, here’s what it is now, this is the percentage. If your take offense in that we really don’t have a Monica Duffy- We take offense in the fact that the Town Board is trying to usurp the power and the authority of the Library. It is their proposition, it is a special district. Councilman Boor- Than don’t ask us to put it on the ballot, go directly to the Clerk. Please, don’t spend our time asking for our approval. Monica Duffy- That’s exactly it Mr. Boor, we didn’t ask for the Town Boards approval of the proposition. Councilman Boor- Then what did you do? Monica Duffy- All we asked is for your authorization to place it on the ballot as is. Councilman Sanford- Don’t do that in the future. Councilman Boor- Don’t do that. Councilman Sanford- Don’t do that in the future. Monica Duffy- That’s it. We will take that under consideration. Councilman Boor- Because if it’s misleading we won’t put it on. Monica Duffy- The Library will take that Councilman Sanford- But make no mistake about this REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 32 Monica Duffy- No, no, you will not adopt a resolution authorizing. Councilman Sanford- Ma’am Councilman Boor- No we won’t put it on, you will go to the Clerk. Councilman Sanford- Make no mistake about it we appreciate your point. The way we’re going to wrap this up is, with all do respect to your comments, when we get to resolution 7.10 we are going to call the issue and draw it to a vote and then you see what you have to do to represent your clients best interest, if you are unhappy with the resolution if it passes. Thank you very much. Supervisor Stec- And we really do need to move on. This is unusual, yes, yes we do need to move on. We have somebody in that background raising their hand, I know what I’m doing Betty. This is unusual, as I’m sure Mr. Salvador will point out, I allowed this to go on way more than five minutes; because this is an important issue, because there is a lot of members of the Library Board of Trustee and the Counsel here. I knew this was a discussion that we needed to have one way or the other because we are under the gun, so to speak, for time-line to make the deadline for resolving this matter. I really don’t think that there is a lot more that anyone can say to further the discussion at this point. I need to move on with the meeting. If you have any parting thoughts before I continue with the privilege of the floor to the other members please. Monica Duffy- I don’t. Supervisor Stec- Mrs. Caimano? Mrs. Caimano- No. Supervisor Stec- Thank you very much. Mrs. Monahan did you want to address the Board? Betty Monahan- Sunnyside Road I was very instrumental in the legislation for the Library District. Because of the way the Library presented their legislation and the way they wanted it drawn, started to take it apart. Mr. Brandt said I was nit picking, the audience approved what I was doing. Because the Library Board and their Director made very many verbal promises that were not in the legislation and we decided the only way that it would be followed if it were in the legislation. That’s why each one of the municipalities has to approve individually the bonds so on and so forth, because you’re putting your bonding ability behind it. The Library argued about that when that came along, and I am very sorry to see the Library here tonight, pulling some more of the nit picking, I’m going to call it weaseling around the fox. Many times they have come here, they have presented the budget and explained it to the people in Queensbury; not asking everybody to come to the Library knowing that’s almost impossible. They had gone to each one of the municipalities and presented it. I found it was very hard, Mr. Sanford, to get some of the information out of them that you wanted; like the proportion of the card holders etc., what the increases were. I commend you for putting that in. As a taxpayer and a supporter of the Library I need to know that. I want to know that. Too many of these entities, school districts etc., they do not want you to ask definitive questions. They want to be able to give it to you in the broad pattern. So, I commend you. My suggestion would be that you withdraw the motion and you cannot support the Library budget because they have refused to put a, putting it on the ballot, because they refused to put enough information into it to make the voter an educated voter. I am appalled at the Library Supervisor Stec- Betty, please address the Board. Betty Monahan- I am appalled at the attitude of the Library. I am appalled at Ms. Duffy’s attitude. All you’re asking for the citizens that the citizens be informed. To me, this makes me doubt everything now that I am hearing from the Library Board. When I voted on the addition, I thought I was voting on the plan that was presented to us. Now I find we are getting a much different plan, not going to be very pleasing to the eye; this is just a sample. I applaud you REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 33 that you have put this information in and you have tried to make us an informed constituency. Thank you. Supervisor Stec- You are very welcome. Thank you Betty. Anyone else this evening. Only one bite, only one bite. No Mr. Rahill, you’ve used your bite. But Mr. Brothers, he hasn’t used his bite. Peter Brothers- Just wanted to applaud Councilman Sanford for wanting to disclose the information that is necessary for people to make an informed decision. He is a supporter of the Library, feels that it is a valuable asset to the community. He feels that we all need to know specific information. 6.0 TOWN BOARD DISCUSSIONS Councilman Boor- Requests a brief executive session after this meeting to discuss a lengthy memo he has received from Dreyer/Boyajian who is handling the Macchio case. Let everyone know that the Warren County Historical Society is looking good, the handicap stairs are in. It is coming a long nicely. Spoke to Supervisor Stec regarding the Planning/Zoning Board appointments and the need to move ahead with this. He will get the names from Lisa. He has some issues with DEC that need to be taken care of with regards to the Macchio case. Commented on Councilman Strough hard work on the Comprehensive Land Use Plan. He stated that it’s one of the best pieces of work that he has seen in a long time from a Board Member. Councilman Sanford- Spoke regarding the Comprehensive Land Use Plan. A public hearing will be set tonight for October 16, 2006, this will give the public the opportunity to comment further on this. Wants the public to be able to get copies ahead of time. It was decided that they will be made available in the Clerk’s Office. We can make sure they are on-line. Commented on Councilman Strough’s efforts on the document he has been working on. Councilman Strough- Appreciates the compliments from the Board, he credits his wife for her patience, as he spent about three weeks on this. He spoke regarding a planning magazine that he has read recently and working to make Queensbury a better place. Wants everyone to know that the Rush Pond pedestrian bicycle trail is coming along. He now has permission from all the landowners to survey and start design of the trail in the Rush Pond area. He has drawn up a draft RFP and has recently sent that out to a Pedestrian Program Manager, Passenger Transportation Division for New York State Department of Transportation. He asked for feedback from him. He has also sent it to a New York State Department of Transportation Regional Bicycle and Pedestrian Coordinator in hopes to get some feedback from him as well. Stated that recently the Board members have had some discussions with members of our emergency services. He has drawn up a draft, five page, comprehensive emergency services apparatus needs assessment. He has sent it out to all five fire companies and three EMS squads to get their feedback. He wants to get their feedback first and then he will get REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 34 feedback from the public. This forces us to look at things comprehensively, regionally and it reduces the politics involved in the decision making process. Wants to share with the yard waste pickup that are forthcoming: ththth Ward 1 & 2: November 6-10 – please have your yard waste out by November 5. ththth Ward 4: November 13- 17 – please have yard waste out by November 12. ththth Ward 3: November 20- 24- please have yard waste out by November 19. **KEEP IN MIND THIS DOES NOT MEAN TREES AND LIMBS Supervisor Stec- Thanks Glens Falls National Bank and TV8 for sponsoring/televising the Town Board Meetings. The Town Website www.Queensbury.net – there is a lot of information on this website. The Route 9 and 254 road project is going well. Most of the work is being done at night. It looks as though they will be done ahead of schedule, but certainly by the end of October. There is also road work being done up by the mall and that is also going nicely as well. The Main Street project is moving forward slowly but surely. 7.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF COYNE TEXTILE SERVICES FOR PROVISION OF UNIFORM AND MISCELLANEOUS TEXTILE RENTALS RESOLUTION NO.: 448, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Purchasing Agent requested proposals for rentals of uniforms and other miscellaneous textiles for a two-year period for participating Town employees, and WHEREAS, the Purchasing Agent received, evaluated and ranked all proposals and has made a recommendation to the Town Board to accept the proposal of Coyne Textile Services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 35 RESOLVED, that the Queensbury Town Board hereby authorizes and directs a two-year Agreement with Coyne Textile Services for the provision of rentals of uniforms and other miscellaneous textiles, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an agreement with Coyne Textile Services which incorporates the requirements of the Town’s Request for Proposals and to be in a form satisfactory to the Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer, Purchasing Agent and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of September, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON DONALD HUNT’S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 449, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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, Donald Hunt has filed a Town of Queensbury “Application for Placing a Mobile Home Outside of a Mobile Home Court" revocable permit to replace his 1965 REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 36 singlewide mobile home with a 2006 doublewide mobile home on property located at 466 Luzerne Road, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, October 16, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donald Hunt’s “Application for Placing a Mobile Home Outside of a Mobile Home Court" revocable permit concerning property situated at 466 Luzerne Road, Town of Queensbury (Tax Map No.: 308.11-1-30) 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 25 day of October, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING ADDITIONAL MEMBERS TO PLANNING ORDINANCE REVIEW COMMITTEE RESOLUTION NO.: 450, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s scope is to review and address inconsistencies and problems known to be at REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 37 issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, the Town Board wishes to appoint additional members to such Committee, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following people to the Town’s Planning Ordinance Review Committee (PORC) for the duration of PORC’s existence: 1.Don Krebs; 2.Michael Wild; 3.Michel Brandt; 4.Mark Hoffman; and 5.Councilman John Strough; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Senior Planner and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None ABSTAIN: Mr. Strough RESOLUTION AUTHORIZING SWAP OF REAL PROPERTY BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO.: 451, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 38 SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Economic Development Corporation (QEDC) purchased certain real property located on Luzerne Road for economic development purposes and for the creation of a Town Road (Connector Road), and WHEREAS, by Resolution No.: 412,2005, the Queensbury Town Board authorized the acceptance by the Town from QEDC of 3.3 acres of real property located on Luzerne Road adjacent to the proposed Connector Road, and WHEREAS, the Town Board accepted such property with the intention of using a portion for a Park and Ride Facility and a portion to be transferred to the West Glens Falls Emergency Medical Squad, Inc. (Squad) in partial exchange for such Squad’s real property on Main Street which was needed for the Connector Road, and WHEREAS, the Town Board feels that the Park and Ride Facility, Connector Road, economic development and EMS facility are important matters for the Town, and WHEREAS, the Town Board duly transferred 1.34 acres to the Squad and agreed upon terms of a License/Lease Agreement where the Squad could use the parking area of the Park and Ride Facility as parking for their meetings and operation, and WHEREAS, QEDC has informed the Town Board that it has a potential purchaser of its property that will develop it providing many quality jobs and business for the area, but QEDC requests that it receive back a portion of the property it transferred to the Town in exchange for such economic development, an additional .49 acre parcel of property on the Connector Road across from the WGF EMS parcel and the written agreement (as a non- exclusive, easement, covenant and restriction in the Town’s deed) of the developer and owner of the parcel to install and maintain storm water drainage facilities sufficient to meet the Storm water drainage requirements for the Town’s Park and Ride facilities, and WHEREAS, such transfer will result in a smaller Park and Ride Facility with less parking spaces which still will meet the requirements of the Town’s grant from the New York State Department of Transportation but will result in a significantly different design and a different location for the entrance, requiring an easement, and WHEREAS, the Town of Queensbury has received written agreement from the Squad amending the License/Lease Agreement to envision and accept the lesser number of Park and Ride spaces which is now being considered and granting a written recordable easement for access to the Park and Ride Facility, and REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 39 WHEREAS, the Town Board has received metes and bounds descriptions for the transfer from and transfer to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves the transfer of a portion of its property located adjacent to the new West Glens Falls Emergency Medical Squad (Squad) comprising approximately 1.43 acres back to the Queensbury Economic Development Corporation (QEDC) to be used for economic development purposes in exchange for: 1.A .49 acre parcel of property located across from the Connector Road on Luzerne Road; 2.A non-exclusive storm water easement, covenant and restriction in form acceptable to the Town Supervisor and Town Counsel which will provide Storm water drainage facilities that will: A.be built and maintained by the owner of such property at its expense; and B.be sufficient to meet all the storm water drainage requirements for the Town’s Park and Ride Facilities to be constructed on the Town’s retained property; 3.A non-exclusive 5’ green space easement located on the transferred property along the edge of the retained property where the Town shall have the right to install such lights as it may deem appropriate for the Park and Ride Facility; 4.QEDC’s agreement that if the transferred property is not combined with the QEDC’s remaining Connector Road property and transferred to BBL for the specific economic development project describe to the Town Board, within 180 days of the date of this Resolution, the QEDC will transfer such property back to the Town; and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon QEDC providing the Town with the written agreement of the Squad that it approves the change in the Park and Ride Facility which will result in less parking spaces but still at least 40 parking spaces and an REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 40 easement from the Squad in form acceptable to Town Counsel for access to the Park and Ride Facility, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution including the purchase of title insurance and execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to the Town Supervisor and Town Counsel and the Deed, Real Property Transfer Report and Capital Gains Affidavit , authorized above and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: Supervisor Stec- We had a workshop on this last week. I’ll note that Len Fosbrook from Warren County Economic Development Corp. is present as an agent of the interested party that QEDC has been dealing with. The Town employs services through contractual relationship with Warren County EDC to provide economic development project work for us. They do the grunt work for trying to attract, retain jobs industry economic opportunities in the area. Just to explain what we are doing, all this property that we’re talking about, as recently as a couple months ago, was owned by QEDC. The Town in working with the West Glens Falls Rescue Squad is building a park and ride, a public park and ride lot next to the new West Glens Falls Rescue Squad building; which is currently under construction. Anyone who drives down Luzerne Road sees that. Instead of having them build a forty or fifty space lot to use their needs. The parking lot for the Rescue Squad might get full use once a week for their big meeting and the rest of the time do whatever bad things, large chunks of asphalt do to storm water and the environment in addition to the cost of a parking lot. The Town Board through the main street project, some of the accoutrements and the gateway grants had the opportunity to build a public parking ride lot. We worked out an agreement and this was all part of the recently closed; and I would like to thank Bob Hafner publicly and on television for all the work and abuse that he took from me and probably others, but I’ll speak for myself; REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 41 to get that property transfer complete with the Rescue Squad. That’s been well documented as reported in the newspaper. The parking ride lot was conveyed from QEDC to the Town. So now the Town owns it. Next to that QEDC has a six acre spot that they were trying to market to a good user, that we can all embrace and welcome to the community for obvious economic reasons. They found a potential future tenant that said six acres is a little tight for our needs, could we make it bigger, could we get seven. The park and ride property is much larger than the asphalt of the parking ride lot that we need. So the Town Board basically drew that conclusion last week at our workshop to say, you know, we have extra land here that we can do a swap. To make a long story short the net gain of the swap would be that the QEDC parcel is going to get almost another acre bigger, so it will be just under seven acres. The swap is between the Town of Queensbury and QEDC. Now QEDC will have a seven acre lot instead of a six acre lot to go and try to do everything that we asked them to do. We believe that in the near future that this might be the last piece of the puzzle and that there may be an announcement coming in the near future to say exactly what that project may be and what the impacts on the Town will be. So that’s the mechanics; the Town is giving back QEDC property that they until recently owned. It’s almost a lot line adjustment after the fact. Councilman Brewer- That’s exactly what it is. Supervisor Stec- So I just wanted to, what is this about, because I know that it has gotten a lot of attention and it’s really a lot simpler than it looks. So with that said is there any other discussion? Councilman Strough- I just wanted to thank Len Fosbrook, President of Warren County Economic Development Corporation, for keeping us informed and when we had questions and concerns he found the answers out if he didn’t know them. Thank you Len. Supervisor Stec- I agree Councilman Boor- Likewise Councilman Brewer- Yes, Len. Supervisor Stec- Yeah, I’m sure the whole Board and myself because I know exactly how hard Len has been working on our behalf, in particular, on this project. Thank you Len for all your efforts. RESOLUTION SUPPORTING USE OF “AS-BUILT” CERTIFICATIONS BY TOWN PLANNING BOARD RESOLUTION NO. 452, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to encourage the Town’s Planning Board to require design teams of applicants appearing before the Planning Board for site plan review to certify as-built site plans to certify that the site plan was developed according to the approved plans prior to issuance of the certificate of occupancy, and REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 42 WHEREAS, such proposed requirement would be a condition of Planning Board site plan approval and would be added to certain Planning Board approval Resolutions at the Planning Board's discretion, primarily on larger scale or more complicated projects, and WHEREAS, although the Town’s Code Compliance Officers would still have the “final say” with regards to the final condition of the site, having the applicants’ project engineers provide such as-built site plan and certification at the time when the Town performs its final inspections would make the Town’s inspection process easier and provide certification that the site is developed as designed and if not, then the liability would fall on the applicant and/or their agents/engineers, and WHEREAS, such proposed requirement, combined with a letter of credit, where applicable, to ensure that the site work is completed, will provide for an effective enforcement tool, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports and encourages the Town’s Planning Board to require design teams of applicants appearing before the Planning Board for site plan review, to certify as-built site plans to certify that the site plan was developed according to the approved plans prior to issuance of the certificate of occupancy, as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Town Planning Board and Code Compliance Officers. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 43 RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., FOR PROVISION OF SEPTIC-RELATED DEEP HOLE AND PERCOLATION TESTS RESOLUTION NO.: 453, 2006 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 an engineering firm for the provision of septic-related deep hole and percolation tests for the Town’s Building and Codes Enforcement Department during the interim time period when the Town is presently in-between service contracts with engineering firms, and WHEREAS, Barton & Loguidice, P.C. (Barton) has offered to provide such services on a time and expense basis in accordance with Barton’s current billing rate schedule in effect at the time the services are rendered, or for the estimated amount of $550 - $650 per th septic review, as more fully set forth in Barton’s September 20, 2006 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of Barton & Loguidice, P.C. (Barton) for the provision of septic-related deep hole and percolation tests for the Town’s Building and Codes Enforcement Department on a time and expense basis in accordance with Barton’s current billing rate schedule in effect at the time the services are rendered, or for the estimated amount of $550 - $650 per septic review, and BE IT FURTHER, RESOLVED, that the Town Board will determine a policy concerning billing and collection for such services as necessary, and BE IT FURTHER, RESOLVED, that after Barton performs each septic-related deep hole and percolation test, Barton shall forward its findings to the Town Board for Town Board review and if the Town Board is satisfied with such findings, then the Town Board will notify and authorize the Town’s Director of Building and Codes Enforcement to proceed with the REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 44 standard process for issuance of either a building permit or new septic system, or for application and/or issuance of a septic variance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Budget Officer to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ADOPTION OF NEW TOWN OF QUEENSBURY COMPREHENSIVE LAND USE PLAN RESOLUTION NO. 454, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering adoption of a new, 2006 Comprehensive Land Use Plan (CLUP) for the Town of Queensbury, which Plan presents recommendations to guide land use in the Town of Queensbury for the next five to ten years, and WHEREAS, by Resolution No.: 426,2004, the Queensbury Town Board established and appointed members to the Planning Ordinance Review Committee (PORC), which Committee’s scope was to review and address inconsistencies and problems known to be at issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 45 P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No.: 394.2005, the Town Board authorized engagement of Saratoga Associates to prepare an update to the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, a draft new Comprehensive Land Use Plan (Plan) was prepared by the PORC and Saratoga Associates with the assistance of the Town of Queensbury Community Development staff and input from citizens and elected officials, and various information sources were also utilized, including published materials, interviews and reports generated by local study groups and committees, and th WHEREAS, the PORC held a public hearing on the draft CLUP on July 13, 2006, and th WHEREAS, at their meeting on July 20, 2006, the PORC made subsequent revisions to the draft CLUP and adopted a Resolution referring the revised draft CLUP to the Town Board for its consideration, and WHEREAS, the Town Board has prepared further revisions to the Draft Plan and the Town Board is now prepared to set a public hearing concerning adoption of this Plan, 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 October 16, 2006 to hear all interested persons and take any necessary action provided by law concerning adoption of the Town of Queensbury’s proposed, new Comprehensive Land Use Plan, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide at least 10 days notice of the public hearing by publishing the Notice of Public Hearing and Proposed Summary of the Comprehensive Land Use Plan in the Town’s official newspaper and posting the Notice on the Town’s bulletin board and forwarding the Notice to all adjacent municipalities. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 46 NOES : None ABSENT: None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 455, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 001-3510-2010 001-3510-4410 1,200. (Office Equip.) (Fuel) 001-3510-2010 001-3510-4130 500. (Office Equip.) (Town Counsel Retainer) th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF SEPTEMBER 25, 2006 RESOLUTION NO.: 456, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 47 WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Warrant with a run date of September 21, 2006 and a payment due date of th September 26, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of September 21, 2006 and payment due date of September 26, 2006 and totaling $953,054.59, 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. th Duly adopted this 25 day of September, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT OF RESOLUTION NO.: 433,2006 CONCERNING CRANDALL PUBLIC LIBRARY DISTRICT PROPOSITIONS RESOLUTION NO.: 457, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 433,2006, the Queensbury Town Board authorized placement of two (2) propositions pertaining to the Crandall Public Library District on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, th November 7, 2006 as follows: [1] BUDGET REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 48 The proposed 2007 budget of the Crandall Public Library District is $2,452,174.00 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $885,356.00. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For one (1) vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one : Patricia Irion and WHEREAS, as part of such Resolution, the Town Board wished to make certain changes in the propositions to reflect the proposed percentage increase in the amount of the proposed Library budget but they wished to seek counsel, and WHEREAS, the Town Board wishes to amend Resolution No.: 433,2006 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 433,2006 by approving and authorizing placement of the following two (2) amended propositions pertaining to the Crandall Public Library District on the ballot in all Town of th Queensbury voting locations on the General Election Day, Tuesday, November 7, 2006: [1] BUDGET The proposed 2007 budget of the Crandall Public Library District is $2,452,174.00 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $885,356.00 and represents a 9.14% increase over the 2006 level which was $811,186.00 Shall the proposed budget be . approved? [2] TRUSTEES TO BE ELECTED For one (1) vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one : Patricia Irion and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 49 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of these amended propositions to the Warren County Board of Elections or other appropriate officials and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 433,2006 in all other respects. th Duly adopted this 25 day of September, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer ABSENT: None *DISCUSSION HELD BEFORE VOTE Supervisor Stec- We beat this one to death, but what this does as Richard read earlier is that it does insert into the, what was provided to us, the language that was provided the Town Board an additional phrase that basically discloses by our math a 9.14% increase to the Town of Queensbury over the 2006 level. I’ve gone back and forth on this myself. We’ve talked about it at length last week. I said at least three times, if I was writing the proposition language that what we’re proposing is closer to what I would do. Some excellent points on both sides were made this evening. I think that it would behoove our voters and the taxpayers of New York State, especially when you read where New York State stacks up in the area of property tax, school tax, taxation in general that I would be encouraged if the State would look at our lead and say, you know what, maybe we should require school budget to disclose more. As former Councilwoman, Betty Monahan, pointed out, they don’t and I suppose that’s a point in the argument in the favor of the Library. But, they don’t and like I said maybe the legal argument is a gray area; I think we’ve established that. But in the end of the day, for speaking for myself, if it’s a toss up I’m going to air on the side for providing more information to the voter. Any other discussion? Councilman Strough- I have a few thoughts about that too. Ms. Duffy makes a very convincing argument that the procedure would be from the Library’s Special Districts to the Town Clerk to the Board of Elections and that going to us was a mere courtesy, which is fine. I’m not so sure we are going to get that courtesy next year, but its fine. Now, if you were to take the poll of the public and ask them what they would like, what they would prefer, I think you would get an overwhelming response, as I already have from the public that they would like the percentage increase and that kind of information Mr. Sanford’s suggesting be in the proposition to be in that. I also understand the Library’s side. It’s not in there, maybe they might put it in there next year, and maybe they won’t. But, I think the public would like to say, well I want my government, and that includes special districts like the Library, to be transparent and completely open and I would like to know the percentage increase. Not everybody goes to the Library meetings where they do discuss the budget. I want to point out to the public that watching channel 8, I’ve been in support of the Library, I was in support of the expansion, at a time maybe where it wasn’t popular I was there. I’m sure they are going to have public hearings on the budget. You can go and voice your opinion. Right now before me is what message am I supporting? Am I supporting not putting the percentage increase in the proposition or am I going to support what Mr. Sanford says it’s the right of the citizen to know, to put that additional percentage increase in the budget. So, I’m willing to vote in favor of this REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 50 motion, because I think that the public would want it that way. I hope that in the future, as Supervisor Stec pointed out, maybe school systems and libraries will be forced to put this into their propositions. Councilman Brewer- Yeah, I would agree that school systems should. Probably a lot of budgets wouldn’t be passed if they did. I agree with the openness of government. We’ve been very open with government, the Board instituted this on TV and I believe it was Roger’s idea and I don’t have a problem with that. The issue I have I can’t support this resolution because in theory I support what you are saying Richard, but how you are getting there is how I don’t like how you are doing it. I think whether you change, if you change something of somebody else’s is changing whether you add to it or you take away, it’s changing, to me that’s changing. People are not as dumb and naïve as everybody thinks they are. A couple of years ago they turned down a budget that the Library proposed and I’m sure that as many or less people went to the budget hearings that they had but they knew. Certainly, we don’t make headlines about our budget, never have for the last seven years that I’ve been on this Board. We have meeting, but there is usually about three or four people here. So, I think what your doing is singling out and maybe if we went about it a different way maybe the Library would do it maybe they wouldn’t. That’s just my opinion. I disrespectfully disagree on how you got there. RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 458, 2006 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 from Regular Session and enters into Executive Session for the purpose of litigation. th Duly adopted this 25 day of September, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 459(A) INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. th Duly adopted this 25 day of September, 2006, by the following vote: REGULAR TOWN BOARD MEETING 09-25-2006 MTG #38 51 AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 459(B) INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, thatthe Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 25 day of September, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury