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2002-04-01 REGULAR TOWN BOARD MEETING APRIL 1, 2002 MTG#20 RES#171-182 7:00 P.M B.H. 15-19 L.L. #1 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW DIRECTOR OF BUILDING AND CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR BROWER-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 171, 2002 INTRODUCED BY: Mr. Theodore Turner 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 moves into the Queensbury Board of Health. Duly adopted this 1st, day of April, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone PUBLIC HEARING - SEWER V ARIANCE- KENNTH ALDOUS NOTICE SHOWN JOAN ALDOUS, 80 SUNNYSIDE NORTH, QUEENSBURY PRESENT SUPERVISOR BROWER-Hi, Joan. Do you want to give us some background on your request for the variance? MRS. ALDOUS-We live on Lake Sunnyside on the lake and we need a variance because there isn't enough distance for the normal setbacks. SUPERVISOR BROWER-Is the property you are talking about was that a year round home previously? MRS. ALDOUS-It has been a year round home since 1945. SUPERVISOR BROWER-So the variances you are looking for would be sewage disposal system I' from the property line in lieu of 10', sewage disposal system 55' from the well in lieu of the required 100' setback. Septic tank 40' from the well in lieu of the required 50'. A sewer line 7' from the property line in lieu of the required 10' and a sewer line 2' from the property line in lieu of the required 10' setback so there are a number of variances you need. What type of a system are you proposing to put? MRS. ALDOUS-We are using the Elgin mats we have been working with Dave Hatin and he suggested that system. The property is on a slight hill too, so we have to pump up from the basement level up to the main level. SUPERVISOR BROWER-Is their any other information you'd like to provide us with? MRS. ALDOUS-No, that's it. SUPERVISOR BROWER-So this is a year round home and is going to be a year round home. MRS. ALDOUS-It's always been a year round home. SUPERVISOR BROWER-You are continuing the use of this year round home? MRS. ALDOUS-We've been there thirty-three years. SUPERVISOR BROWER-And your existing system failed? MRS. ALDOUS-Right. SUPERVISOR BROWER-Thank you Joan. Dave could I ask you to come forward? For the record Dave Hatin is here what do you have to say about the situation Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-It's a replacement of a failed system. They do have a large amount of property, but Mr. Aldous wanted to stay in the same area as the existing system so we didn't have to pump to a greater distance where he could meet some of the setbacks but he still would need variances obviously. This is the best situation we're going to get given the location of where he wants to put the system. COUNCILMAN BREWER-Is it the best place for the system though? DIRECTOR OF BUILDING & CODES, MR. HATIN-I guess you have to define best place. On the other side of the house there is a little more room where they can get farther from the well but I think you would still be the same distance from the lake. It would require an extensive amount of money to pump it to that area, too. They would have to go through quite a bit of their property to get there, dig up a lot of their property Mr. Aldous wanted to stay in the same location. COUNCILMAN BOOR-Is it their well or another well? DIRECTOR OF BUILDING & CODES, MR. HATIN-Their own well. SUPERVISOR BROWER-So no other wells affected? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. COUNCILMAN TURNER-Is it casing or a driven well? DIRECTOR OF BUILDING & CODES, MR. HATIN-It's a case well I don't know the depth of it. COUNCILMAN BOOR-I noticed on the original application we talked about it earlier they didn't have the box checked where if they were going to drive over it. DIRECTOR OF BUILDING & CODES, MR. HATIN-No this won't be in a driving area. SUPERVISOR BROWER-How far is the existing septic to the well? DIRECTOR OF BUILDING & CODES, MR. HATIN-Right now, I say given the location Mr. Aldous showed me probably about forty feet. SUPERVISOR BROWER-So this actually will provide a greater distance. DIRECTOR OF BUILDING & CODES, MR. HATIN-This increases the distance. SUPERVISOR BROWER-And it's a better system. DIRECTOR OF BUILDING & CODES, MR. HATIN-Right now he has large seepage pits. SUPERVISOR BROWER-Has he ever had his well tested for contamination? DIRECTOR OF BUILDING & CODES, MR. HATIN-I couldn't tell you that. SUPERVISOR BROWER-Mrs. Aldous have you tested your well for water quality? MRS. ALDOUS-I'm sure it was tested when we bought the house. SUPERVISOR BROWER-It's a driven well and you drink the water untreated? MRS. ALDOUS-Yes. SUPERVISOR BROWER-You don't purify it in anyway? MRS. ALDOUS-Some of the drinking water I have a little filter, but it's nothing. SUPERVISOR BROWER-Any other questions from Town Board members or Dave or Mrs. Aldous. COUNCILMAN BOOR-Essentially this is better than what's there right? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yes. SUPERVISOR BROWER-Is this going to be a mounded system? DIRECTOR OF BUILDING & CODES, MR. HATIN-This will be a standard Elgin system built on the slope of their property. SUPERVISOR BROWER-Further comments? COUNCILMAN BREWER-Is the two twenty eight foot lengths all right? DIRECTOR OF BUILDING & CODES, MR. HATIN-Yeah, that meets the conditions that are required for a three bedroom. COUNCILMAN BREWER-Remember last week we had the ARC home and they wanted five lines. COUNCILMAN BOOR-That was a bigger.... COUNCILMAN BREWER-I understand, but that was what a four bedroom or something and this is three bedrooms. DIRECTOR OF BUILDING & CODES, MR. HATIN-Well you're talking two different systems. The Elgin system generally is about the third the size of the typical septic system. SUPERVISOR BROWER-Thank you Dave. I guess it's a situation where there was a bad situation before it's going to be a better situation. It's still pretty close to the well, but it is an improved system. COUNCILMAN TURNER-Could I make one comment? SUPERVISOR BROWER-Sure. COUNCILMAN TURNER-I would suggest Mrs. Aldous have the water tested before you put the new system in just to clarify you haven't done since when how long ago? MRS. ALDOUS-Not recently that I can recall. It was probably tested when we purchased the house in sixty-nine, but that's been a long time. COUNCILMAN TURNER-I really think you should have it tested before you activate the new system that's the one concern I would have with it not having it tested in such a long period evidently it hasn't bothered you, but I mean I just check it for a little insurance policy. COUNCILMAN BOOR-Not only that but if it turns out that there is a problem you can move the well farther away then it's really not a problem then. COUNCILMAN TURNER-And I would like you to give Dave a report on the testing. MRS. ALDOUS-Okay. COUNCILMAN TURNER-All right, thank you. SUPERVISOR BROWER-At this time I would like to open up the public hearing on this variance request or several variances requests that have been requested by the applicant. PUBLIC HEARING OPENED SUPERVISOR BROWER-Is they're anyone here that would like to comment either in favor of or against the proposal? NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll close the public hearing portion of the meeting of this application. I ask board members if they have any comments? COUNCILMAN BREWER-No. COUNCILMAN STEC-Just that I'm very relieved that the relief that we're granting from the well is from the same property's well I just think it's important to note on the public record. I get nervous about granting that kind of relief from drinking supplies. In this case just for future reference I'm comfortable with it because it is the same property's well. I wanted to ask a question of staff. We've been getting a lot of Elgin system kind of projects I understand that this is a superior system is it worthwhile or would it be feasible at all to amend our setback requirements saying this is the requirement, but if you do an Elgin system the requirements are less stringent and that way maybe we won't get these. If there is data out there that says the Elgin system is far superior and doesn't have to be a hundred feet from a well we can cut the red tape so we don't have to have every lake owner in the Town. EXECUTIVE DIRECTOR, MR. ROUND-Dave correct me it's not an alternative treatment technology it's merely a structure in lieu of a perforated pipe and crush stone and therefore its treated the same as a conventional separation distances. The State would allow us to alleviate that standard so we're just administering the State standards we can't offer a standard that's less stringent than the State's. We've had this discussion I think with North Queensbury last week is that there are some alternative systems again this is still a conventional sub-surface wastewater disposal alternative systems have to be approved on a case- by-case basis we really don't have that authority the message should come from the Supervisor or the Town Engineer saying, hey we'd like the State to look at relaxing the separation distance that would be the first step. COUNCILMAN STEC-I don't know if the rest of the board would have interest in that. I think it's worth a phone call or a letter to the appropriate State agency not just for the sake of simplifying the process, but if it's truly a superior system and there is an easier way to do business than I'm all for it. EXECUTIVE DIRECTOR, MR. ROUND-The manufacturer is on that line as well. I think the past two years they were able to get this and allow the effective treatment areas to be reduced that's why this system is smaller than a conventionallinier pipe layout. ATTORNEY HAFNER - I think we'll just add at the end of the second of resolved, I think you heard you wanted me to put in some language. Add, such variance to take effect upon the receipt by Dave Hatin, Director of Building and Codes Enforcements, of a satisfactory coliform water test. DIRECTOR OF BUILDING & CODES, MR. HATIN-Can I just ask one question. If it comes back and it does not pass what would the board like us to proceed? COUNCILMAN BOOR-I think we would want to look at a location where the well could be further away from the septic or vice versa. DIRECTOR OF BUILDING & CODES, MR. HATIN-Obviously the contamination is caused by the existing system not by the new system. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF KENNETH ALDOUS RESOLUTION NO.: BOHI5, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Kenneth Aldous has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow placement of a: 1. sewage disposal system 75' from Lake Sunnyside in lieu of the required 100' setback; 2. sewage disposal system I' from the property line in lieu of the required 10' setback; 3. sewage disposal system 55' from the well in lieu of the required 100' setback; 4. septic tank 40' from the well in lieu of the required 50' setback; 5. sewer line 7' from the property line in lieu of the required 10' setback; and 6. sewer line 2' from the property line in lieu of the required 10' setback; on property located at 80 Sunnyside North Road, 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 concerning the variance requests on April 1st, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been dilly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Kenneth Aldous' application for variances from the Sewage Disposal Ordinance to allow placement of a: 1. sewage disposal system 75' from Lake Sunnyside in lieu of the required 100' setback; 2. sewage disposal system I' from the property line in lieu of the required 10' setback; 3. sewage disposal system 55' from the well in lieu of the required 100' setback; 4. septic tank 40' from the well in lieu of the required 50' setback; 5. sewer line 7' from the property line in lieu of the required 10' setback; and 6. sewer line 2' from the property line in lieu of the required 10' setback; on property located at 80 Sunnyside North Road, Queensbury and bearing Tax Map No. 's: 279.17-2-24, 25,26 and 27, such variances to take effect upon the receipt by David Hatin, Director of Building and Codes Enforcement, of a satisfactory coliform water test. Duly adopted this 1st day of April, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONALD KRUGER RESOLUTION NO.: BOH 16,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Donald Kruger has applied to the Local Board of Health for three (3) variances from Chapter 136 to allow installation of a: 7. septic tank 30' from the well in lieu of the required 50' setback; 8. septic pump station 35' from the well in lieu of the required 50' setback; and 9. affluent pump line to the leach field 15' from the well in lieu of the required 50' setback; on property located at 4 Osprey View, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on April 15th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Donald Kruger's sewage disposal variance application concerning his property situated at 4 Osprey View, Queensbury (Tax Map No.: 45-3-31) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHARINE SEELYE RESOLUTION NO.: BOH 17,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Katharine Seelye has applied to the Local Board of Health for variances from Chapter 136 to allow an absorption field to be located 30' from the well in lieu of the required 100' setback and 4' from the property line in lieu of the required 10' setback on property located at 14 Crooked Tree Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on April 15th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Katharine Seelye's sewage disposal variance application concerning property situated at 14 Crooked Tree Drive, Queensbury (Tax Map No.: 239.15-1-10) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None DISCUSSION HELD DEPUTY CLERK, O'BRIEN-Read the following letter into the record. Letter received in Town Clerk Office March 27, 2002 From: William Underwood, 551 Dean Road, Hudson Falls, NY Dear Mr. Hatin/Queensbury Town Board: We have engaged the services of Raymond Buckley P.E. to assist us in resolving the septic situation at Barton Cottages. Due to weather conditions and the complex nature of the property, we are unable to meet the March 28th, deadline. We therefore, would like to ask the Board for an extension of time to complete the task. Thank you for your consideration. William Underwood The following resolution was passed. RESOLUTION GRANTING EXTENSION OF WILLIAM UNDERWOOD SEWAGE DISPOSAL VARIANCE APPLICATION RESOLUTION NO. BOH18.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec Grant extension until the May 20th, Regular Town Board Meeting. Duly adopted the 1st day of April, 2002, by the following vote: Ayes: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer Noes: None AbsentNone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 19, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 1st, day of April, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT OPENED 7:23 P.M. NOTICE SHOWN TOWN COUNSEL, HAFNER-We talked with the State Comptroller's Office they asked for some minor changes so that we did not need their approval so now we're going through the process. This is step two after the public hearing will go through SEQRA again and Chris will lead us through that. If you make it through that and you want again start the creation of South Queensbury, Queensbury Avenue Sewer District you'll pass the second resolution. In May the first meeting in May we expect to be finally be done and have the final order which will create the district it has to be at least thirty days and that will do it SUPERVISOR BROWER-This is the Queensbury Avenue Sewer District this sewer district is designed to go up to Queensbury Avenue to the Airport Industrial Park to connect Kingsbury's existing sewer treatment facility to our system and eventually to the City of Glens Falls Sewer Treatment Plant. It would include properties including the Airport, Queensbury Industrial Park, and other industrial customers along the route. With that, I would like to open the public hearing and ask if anyone would like to address the board regarding this particular resolution? PUBLIC HEARING OPENED PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Way back when and I guess, I was involved when this thing was first proposed and put together. If I remember correctly the Town of Queensbury had to come up with seventy five thousand dollars per their share of getting this started and then because of somebody that couldn't come up with their share the Town of Queensbury came up with an additional seventy five thousand dollars. If I remember correctly I don't know whether Bob remembers or not, but if I remember correctly that the seventy five thousand dollar funds were to be returned to the Town when this district became a reality the seventy five thousand dollars was to come from the district itself. SUPERVISOR BROWER-Actually because this is historical it may even be better for Mike Shaw to respond, but if you care to respond you're welcome too. TOWN COUNSEL, HAFNER-No. SUPERVISOR BROWER-Mike you want to come forward and address Mr. Tucker's concerns. DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHA W-I have the Map, Plan, and Report here in front of me I'm just going through here to see if I can find the area that talks about who contributes to money for the project. TOWN COUNSEL, HAFNER-That I can do off; I mean I don't have all the amounts. DEPUTY DIRECTOR WASTEWATER, MR. SHAW -A hundred thousand dollars cash is coming from Kingsbury, seventy five thousand dollars from the Queensbury Economic Develop Corporation and seventy five thousand dollars from the Town of Queensbury and seventy five thousand dollars from Warren County. That is for future capacity above and beyond what the district is going to provide now. SUPERVISOR BROWER-What was the Town of Kingsbury contribution? DEPUTY DIRECTOR W ASTEW A TER, MR. SHAW -A hundred thousand dollars for the Town of Kingsbury. SUPERVIOR BROWER-Plus we have the grant. DEPUTY DIRECTOR OF WASTEWATER, MR. SHA W-Queensbury is seventy five thousand. MR. TUCKER-I think we had to come up with that to make it work its public record if you want to go back and look. DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-That was to buy in for future capacity. SUPERVISOR BROWER-But, Pliney I don't think it goes back to when you were on the board does it Mike? MR. TUCKER-Fred Champagne was the one who put the thing together. DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-The Map, Plan, and Report actually started under this board here. South Queensbury has been talked about since back in the seventies. There have been several engineering firms that have taken a look at this and each time that we looked at it it's been too expensive. Under this scenario you are having two colonies and two towns's sharing in the cost with the Economic Development Corporation coming and giving cash upfront DEC funds of six hundred thousand and EDA funds of three hundred thousand has made this project come about. MR. TUCKER-I realize that and that was the same thing we were told when it was being put together. DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-Originally the monies came from Washington County the three hundred thousand, six hundred thousand dollars came from Washington County. They originally got those funds to upgrade their treatment plant. MR. TUCKER-If I remember there was a question at one time whether the three hundred thousand was going to happen because somebody was dragging their feet and wasn't getting it done. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-There is a time frame on the three hundred thousand EDA funds we have to have shovel to ground by October otherwise we lose the funds. MR. TUCKER-I'm sure if you go back into Fred's administration it should be all in the record cause I know I raised hell about it being doubled everybody else was seventy-five and we went to a hundred and fifty. They told me at the time we received the seventy-five when the district was formed and it would be a cost to the district. COUNCILMAN BREWER-But that's not the case in this scenario right Mike? DEPUTY DIRECTOR WASTEWATER, MR. SHAW-No, everybody is contributing the people contributing monies out of the district are for future capacities. MR. TUCKER-I know that we put a hundred and fifty when we should only put seventy-five. When the original money was put forward to organize this thing way back when, see if you find it, will you. I understood you correctly Bob we've got Audit and Controls blessing? TOWN COUNSEL, HAFNER-State Comptroller watches their language very precisely and they said if we went through the steps we're going through that they agreed with us that we did not need their approval that our formal application... MR. TUCKER-In a round about way that's their blessing. TOWN COUNSEL, HAFNER-That's as much as you are going to get from them and we were happy to receive it. SUPERVISOR BROWER-Further comments, questions regarding this public hearing on the Queensbury Avenue Sewer? The participants in this including Warren County, Washington County, the Town of Kingsbury, the Town of Queensbury would be North County Imports, Airron Industrial, Forest Enterprises, Garden World Associates, Glens Falls National Bank and Trust Company has one parcel that's about it right now. MR. TUCKER-How about that other piece Silver Bow? SUPERVISOR BROWER-Sliver Bow now is in the hands of the Queensbury Economic Development Corporation that property is scheduled to be developed in piece meal into an industrial park the sewer obviously will enable that to happen. Further questions, hearing none or seeing none I will close the public hearing and ask for comments from the board. PUBLIC HEARING CLOSED 7:30 P.M. COUNCILMAN BREWER-We have to redo SEQRA or can't we reaffirm? EXECUTIVE DIRECTOR, MR. ROUND-We're not going to walk you through the entire form. What you have in front of you is a resolution reaffirming your determination. You had reached a SEQRA negative declaration back on August 20th, 2001. As Bob explained the only changes here are some minor changes to how some of the district users are being assessed their fee. There are no physical changes you are well aware of what the changes are and you can just go ahead and do this. RESOLUTION REAFFIRMING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING CREATION OF SOUTH QUEENSBURY - QUEENSBURY A VENUE SEWER DISTRICT AND CREATION AND/OR EXTENSION OF KINGSBURY SEWER DISTRICT NO. I RESOLUTION NO.: 172,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish a new sewer district to be known as the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, part of the overall project also includes creation and/or extension of the Kingsbury Sewer District No. I, and WHEREAS, the Town Board has been duly designated to act as lead agency for State Environmental Quality Review Act (SEQRA) review of the entire project including both the Queensbury and Kingsbury components for compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a Type I action in accordance with the rules and regulations of SEQRA, and WHEREAS, the Queensbury Town Board, by Resolution No.: 330,2001, determined that this proposed action will not have a significant effect on the environment, and WHEREAS, the changes to the proposed action only relate to the cost to a typical property which has no impact on the Town Board's prior determination that the action will not have a significant effect on the environment, and WHEREAS, the Town Board wishes to reaffirm Resolution No.: 330,2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action and hearing the input from the Town's Executive Director of Community Development, hereby reaffirms Queensbury Town Board Resolution No.: 330,2001, in its entirety. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION APPROVING CREATION OF SOUTH QUEENSBURY -QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO. 173, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury, Town of Kingsbury, Warren County and Washington County have entered into an Intermunicipal Agreement (the IMA) to jointly construct sewer facilities connecting the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP), and WHEREAS, the Town of Queensbury is acting as the coordinator of the project and will issue its municipal bonds and/or bond anticipation notes to finance a portion of the project with amounts required for debt service to be apportioned among the municipalities, municipal agencies and individual properties which will be benefited by the project, and WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District (the Sewer District), and WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities involving three sewer districts and connecting the existing WCSD#1 to the GFWWTP along a route following Queensbury Avenue and the Niagara Mohawk Power corporation right-of-way, which area would also include 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the original Map, Plan and Report (the Project), and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the sewer district improvements in the Town of Kingsbury were discussed generally in the original Map, Plan and Report as they will be included as a part of the entire Project, but subsequent to the filing of the original Map, Plan and Report the Town of Kingsbury decided to create its own district to undertake such improvements, and WHEREAS, Jarrett-Martin, LLP filed a district formation report for the Kingsbury Sewer District (Kingsbury District Formation Report) in May, 2001, and WHEREAS, the Kingsbury District Formation Report included a revised Part I of a Full Environmental Assessment Form (EAF) which considered both the South Queensbury-Queensbury Avenue Sewer District improvements and the Kingsbury Sewer District improvements, and WHEREAS, coordinated SEQRA review will be conducted and the Town, on August 30th, 2001, sent a copy of Part I of the EAF, the Map, Plan and Report and the Kingsbury District Formation Report to all potentially involved agencies including the New York State Department of Environmental Conservation and New York State Department of Health together with all required documentation and a letter indicating that the Town Board will be undertaking consideration of the project identified in this Order, that coordinated SEQRA review with the Queensbury Town Board as lead agency is desired and that a lead agency needed to be agreed upon within 30 days and no potentially involved agency has contested the Town being lead agency and more than 30 days has passed, and WHEREAS, the estimated annual cost to the "typical property" has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, on March 25th, 2002 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Sewer District was duly held on April 1st, 2002 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, and WHEREAS, the estimated annual cost to the typical property is below the average estimated cost threshold computed and provided by the New York State Comptroller's Office, so the approval of the State Comptroller's Office is not required for establishment of the proposed Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Sewer District are thereby benefited; 3. All property and property owners benefited are included within the limits of the Sewer District; 4. It is in the public interest to establish, authorize, and approve the creation of the South Queensbury - Queensbury Avenue Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited areas of the Sewer District to be as follows: TAX MAP NO. OWNER/USE 303.10-1-12 North Country Imports (automobile dealership) 297.16-1-1 Airron Industrial 297.16-1-2 Airron Industrial 297.20-1-2 Airron Industrial 297.20-1-3 Airron Industrial 303.12-1-9 Warren County 303.10-1-8 Forest Enterprises 303.11-1-4 Forest Enterprises 303.15-1-25 Forest Enterprises 303.15-1-18 Garden World Assoc. 303.15-1-20 Forest Enterprises TAX MAP NO. OWNER/USE Trust 303.15-1-24 Forest Enterprises Forest Enterprises 303.15-1-23 Glens Falls National Bank & Company Forest Enterprises 303.15-1-21 303.15-1-22 303.15-1-24 and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the South Queensbury - Queensbury Avenue Sewer District in accordance with the boundaries and descriptions set forth herein and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: I. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. Permissive referendum in the manner provided in New York State Town Law Article 7; and 4. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None DISCUSSION HELD BEFORE VOTE COUNCILMAN TURNER-The people that aren't in the district that are across the road from the district when they go to get in it they have to have a Map, Plan, and Report. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-They can either do it by district extension or Map, Plan, and Report. TOWN COUNSEL, HAFNER-Can I just address part of that because we spent a lot of time working on that precise issue because that is part of what you are determining here whose benefited and are all the benefited people in. The Town and Mike, and the engineer talked with the people along the way to see how interested they would be. The system was designed particularly to meet the Town's needs it is a type of system that would have had to been set up at the beginning to have made it easy to connect for all the other people along the way. Part of what you are determining here is that everyone who can connect and would benefit is included in this system because of some engineering things which is not part of my area of expertise is to meet the Town needs and it will not be that easy for other people to connect. SUPERVISOR BROWER-It is a well-designed system in that the initial low flows of the corridor will be accommodated. As activity picks up and businesses locate along the corridor we'll be able to accommodate their needs. Thanked Ralph Van Dusen, Mike Shaw, Chris Round, and Henry Hess for all of their help in putting this together. CORRESPONDENCE NONE INTRODUCTION OF RESOLUTIONS FROM THE FLOOR COUNCILMAN TURNER-Noted the Highway Department is in need of a broom to attach their loader noting he gave Town Counsel the copy of bid form that went out with the three bidders on it noting they need approval since it is over five thousand. TOWN COUNSEL, HAFNER-Read the following resolution into the record. Whereas, the Town Highway Department needs an eight foot broom which will attach to a loader. Whereas, the Town has sought and received bids for such a broom, Whereas, the Town Highway Superintendent has informed the Town Board that the lowest responsible bid was $6,695.00 by Artco, Now Therefore Be It Resolved, that the Town Board hereby authorizes the purchase of one eight foot broom which will be attached to a loader from Artco for the sum of $6,695.00 which amount will be paid from the Heavy Equipment Account 04-5130-2040, Resolved, that the Town Supervisor, Town Highway Superintendent, and Town Comptroller are hereby authorized and directed to take all actions necessary to effect this resolution. COMPTROLLER, HESS-Noted that the resolution did not reference the participation of the Purchasing Agent noting that maybe the Purchasing Agent wasn't included in the process. COUNCILMAN TURNER-Noted he doesn't know if she was included or not. SUPERVISOR BROWER-Noted that it isn't the appropriate procedure, questioned if it was a budget item? COMPTROLLER, HESS-Noted doesn't think the item was budgeted. (Further discussion and voting to take place later in meeting) OPEN FORUM P AUL NAYLOR-Division Road, West Glens Falls. Spoke to the board regarding article in paper regarding annexation of Veterans Field. Noted he thought it had to be contiguous with the City of Glens Falls before you can annex a piece of property. SUPERVISOR BROWER-It does. We're going to give them a strip along the edge of the road leading to Veterans Field. OPEN FORUM CLOSED 7:42 P.M. RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.c. FOR DESIGN AND CONSTRUCTION SERVICES CONCERNING MEADOWBROOK PUMPING STATION CAPACITY RESOLUTION NO.: 174,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 200,2001, the Queensbury Town Board engaged the engineering services of C.T. Male Associates, P.c. (C.T. Male) to review and prepare a report concerning operation of the Meadowbrook Pumping Station with the u1timate goal of increasing the Meadowbrook Pumping Station's capacity from 900 gpm to 1,600 gpm, and WHEREAS, Town's Deputy Wastewater Director has advised the Town Board that c.T. Male completed the services authorized by Resolution No. 200,2001 and now recommends that the Town Board again authorize engagement of the engineering services of C. T. Male to complete the design services, prepare contract documents and provide assistance during the bidding process and construction phase for an amount not to exceed a total of $28,360 as delineated in C. T. Male's Proposal dated March 26th, 2002 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of C.T. Male Associates, P.c. for the services referred to in this Resolution for an amount not to exceed $28,360 as follows: Design Phase: Contract Administration: Site Visits: A. B. C. $18,400 $ 7,000 8 hrs x $120/hr $ 4 hrs x $11O/hr $ 24 hrs x $65/hr= $ 1,560 960 440 TOTAL $28,360 to be paid for from the Meadowbrook Road Pump Station Upgrade Capital Project Fund No.: 131, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of April, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER Al83 "SUBDIVISION OF LAND" RESOLUTION NO. 175, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2002 to amend Queensbury Town Code Chapter Al83 entitled "Subdivision of Land," which Local Law would revise the requirements for dedication of road and sanitary sewer improvements within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, 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.rn. on April 15th, 2002 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: _ of 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. _ of 2002 in the manner provided by law. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None DISCUSSION HELD "NEW CHAPTER 179 ZONING" EXECUTIVE DIRECTOR, MR. ROUND-Lead Town Board through the Fu11 Environmental Assessment form, Park II regarding the New Chapter 179, Zoning. FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND 1. Will the proposed action result in physical change to the project site: NO Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 1O%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then I year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO Specific land forms: IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? NO Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? NO Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: 5. Will proposed action affect surface or groundwater quality or quantity? NO Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities, which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? NO Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than I ton of refuse per hour. Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMP ACT ON PLANTS AND ANIMALS 8. Will proposed action affect any threatened or endangered species? NO Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMP ACT ON AGRICULTURAL LAND RESOURCES 10. Will the proposed action affect agricultural land resources? NO Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMP ACT ON AESTHETIC RESOURCES II. Will proposed action affect aesthetic resources? NO Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMP ACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological importance? NO Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMP ACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? NO List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMP ACT ON ENERGY 16. Will proposed action affect the community's sources offuel or energy supply? NO Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMP ACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMP ACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMP ACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community? YES, small to moderate Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: MINOR CHANGE IN DENSITY AND LAND USE 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO. I,OF 2002 TO AMEND QUEENSBURY TOWN CODE BY REPEALING CURRENT CHAPTER 179 "ZONING" AND REPLACING IT WITH A NEW CHAPTER 179 "ZONING" RESOLUTION NO. 176, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 289, 1999, the Queensbury Town Board authorized engagement of Chazen Companies to assist the Town in preparing an updated Town Zoning Ordinance and Map, and WHEREAS, by Resolution No.: 329, 1999, the Town Board created a Steering Committee concerning the development of the new Zoning Ordinance and Map and appointed its members, and WHEREAS, Chazen Companies, working closely with the Steering Committee and Planning Department Staff, prepared a draft Zoning Ordinance and Map and presented it to the public on September 6th, 2000, and WHEREAS, the Planning Staff prepared further revisions to the Draft Ordinance and the Steering Committee reviewed the proposed Zoning Ordinance and Map and agreed to submit it for public review and comment, and WHEREAS, the Town Planning Department held four (4) public informational sessions in the fall of 200 I concerning the proposed Zoning Ordinance and Map and published an outline of the proposed Zoning Ordinance changes in the Town Report sent to Town residents, and WHEREAS, in accordance with General Municipal Law ~239-m, the Town referred the proposed Ordinance and obtained a favorable recommendation from the Warren County Planning Board to adopt the new Zoning Ordinance and Map, and WHEREAS, the Town has also obtained the approval of the Adirondack Park Agency to adopt the new Zoning Ordinance and Map, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: I of 2002 to repeal current Queensbury Town Code Chapter 179 entitled "Zoning," and replace it with a new Chapter 179 "Zoning," which is the proposed new Zoning Ordinance and Map presented at this meeting, hereinafter referred to as the "legislation," and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on January 24, 2002 concerning the proposed legislation and heard all interested persons, and WHEREAS, a copy of the proposed legislation has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed legislation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the action of repealing current Queensbury Town Code Chapter 179 "Zoning" and replacing it with the new Town Code Chapter 179 "Zoning" presented at this meeting, reviewing the Environmental Assessment Form and thoroughly analyzing the proposed action for potential environmental concerns, determines that the action will not have a significant effect on the environment and authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves the SEQRA Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: I of 2002 to amend the Queensbury Town Code by repealing current Chapter 179 entitled "Zoning" and replacing it with a new Chapter 179 entitled "Zoning" as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State, and BE IT FURTHER, RESOLVED, that all applications requiring the review and approval of the Town of Queensbury's Zoning Administrator received and deemed complete prior to the effective date of this new Local Law shall be reviewed under the zoning regulations applicable at the time of such applications and all applications requiring the review and approval of the Zoning Administrator received after the effective date of this new Local Law No.: I of 2002 shall be reviewed according to the requirements of this new Local Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Executive Director of Community Development to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None ABSTAIN:Mr. Boor (Zoning Ordinance filed in Town Clerk's Office) RESOLUTION APPOINTING ROY URRICO AS REGULAR MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 177,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Zoning Board due to the recent resignation of Robert McNally, and WHEREAS, the Town Board wishes to therefore appoint Roy Urrico, current alternate member, as a regular member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Roy Urrico to serve as a regular member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st, 2008. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION ADDING KITCHELL LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.:178, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Kitchell Lane" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Kitchell Lane" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Kitchell Lane," and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT:None RESOLUTION AUTHORIZING TOWN SAFETY CELEBRATION AND ASSOCIATED EXPENDITURES RESOLUTION NO.: 179,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Safety Committee will hold a Safety Celebration for all Town employees on Thursday, April 25th, 2002 from 11:00 a.m. to 3:00 p.m., and WHEREAS, the Safety Committee solicited prices for food and beverages for the lunch that will be part of the Celebration and has selected Town Highway employee Rick Whitmore's personal catering business to provide the food and beverages, and WHEREAS, the Queensbury Town Board finds it is in the public interest to promote safety among Town employees and wishes to encourage maximum participation by Town management and staff, and WHEREAS, the Town Board wishes to appropriate funds for expenses associated with the Safety Celebration, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town of Queensbury Safety Committee's Safety Celebration as set forth in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board directs that Town Managers assure maximum participation by staff while maintaining necessary but minimum service levels during the event, and BE IT FURTHER, RESOLVED, that the Town Board hereby appropriates $3,400 for expenses associated with the Safety Celebration including but not limited to expenses for providing entertainment, refreshments and photographs and hereby approves a transfer of $3,400 from Account No.: 01-1990-4400 to Account No.: 01-1430-4533 from which expenses will be paid, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Safety Committee and Town Comptroller's Office to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1st day of April, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING REVISED AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH BASEBALL AND SOFTBALL, INC. RESOLUTION NO.: 180,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 34,2002, the Town Board authorized an Agreement with the Queensbury Youth Baseball & Softball, Inc. for the year 2002, and WHEREAS, the Town Board wishes to slightly modify the Agreement authorized by Resolution No.: 34,2002 to provide for an increase in registration fees for T -ball, and WHEREAS, a copy of the revised Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the revised Agreement between the Town of Queensbury and the Queensbury Youth Baseball & Softball, Inc. as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town Account. Duly adopted this 1st day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION ACCEPTING BID FOR SALE OF 1981 REX 35 COMPACTOR AT LANDFILL RESOLUTION NO. 181, 2002 INTRODUCED BY: Mr. Theodore Turner (MOTION WITHDRAWN) WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor DISCUSSION HELD COUNCILMAN BREWER-Recommended to pull the resolution and readvertise it for the reason that this is a specialized piece of equipment noting we have had it for years it was only advertised in the Post Star noting it would benefit the Town if we advertised it in a more populated area such as Albany, Troy, Schenectady to open the bid process up for more interest. After further discussion it was the decision of the board to reject the bids and readvertise in the Albany Times Union, Post Star. RESOLUTION REGARDING HIGHWAY BROOM (MOTION WITHDRAWN) RESOLUTION NO. 181, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor Discussion held regarding resolution for highway broom. Supervisor Brower noted his concern that the Purchasing Agent wasn't involved in this process. Attorney Hafner noted there is a policy assumed that it went through the Purchasing Agent. After further discussion it was the decision of the Town Board to have the Purchasing Agent work with the Highway Department regarding this matter. TOWN BOARD DISCUSSIONS NONE ATTORNEY MATTERS NONE RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 181, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and moves into Executive Session to discuss one contract matter. Duly adopted this 1st day of April, 2002, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None Absent:None RESOLUTION ADJOURING EXECUTIVE SESSION RESOLUTION NO. 182, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVES FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 1st day of April, 2002, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Brower Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury