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2002-04-15 REGULAR TOWN BOARD MEETING April 15, 2002 MTG. #22 RES. 185-209 7:00 p.m. BOH 20-22 LL. 2 TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN TIM BREWER TOWN BOARD MEMBER ABSENT COUNCILMAN DANIEL STEC TOWN OFFICIALS TOWN COMPTROLLER HENRY HESS DEPUTY DIRECTOR OF WASTEWATER MIKE SHAW DIRECTOR OF BUIILDING AND CODES DAVE HATIN COMPTROLLER HENRY HESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER TOWN SUPERVISOR DENNIS BROWER-Opened the Meeting RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 184,2002 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 moves into the Queensbury Board of Health. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec QUEENSBURY BOARD OF HEALTH 1.2 PUBLIC HEARING-SEWER VARIANCE DONALD KRUGER NOTICE SHOWN SUPERVISOR BROWER-Asked if the applicants were presenLnot present at this time will move to the next public hearing to give applicants time to be present. 1.3 PUBLIC HEARING-SEWER VARIANCE KATHARINE SEELYE NOTICE SHOWN Supervisor Brower-Is Mrs. Seelye or a representative for Mrs. Seelye here? Good evening how are you? Step forward My understanding of this would you introduce yourself for the record. Mr. Dennis MacElroy-I am Dennis MacElroy from the Environmental Design Partnership representing Kit Seelye, Katharine Seelye, for this request for a variance for a septic system set backs. I will give you some background on the property. Ok. This is a lakeshore property on Lake George, located between Dunhams Bay and the Village offfrom Route 9L. The lot as shone on the submittal package is a little over a third of an acre, point three six hundred, thirty six hundredth of an acre. It actually up until four years ago, it used to be two lots supporting two houses on that area. The current owner Katharine Seelye is a second generation of that property. I think in 95' she became the owner succeeding here parents. In 98' she bought the neighboring parcel which is basically half of what you see there, the easterly half. That supported a house and a septic system and a shared disposal area. In 97' she had a deep well installed in the location you see toward the back of the property. That well is a rock wll a deep well drilled to a depth off our hundred and five feet, casing to forty five feet. What Ms. Seelye came to me to request were options for a replacement septic system. The existing system while not shown on the plan, is in some form and I did get some records from the Park Commission, Lake George Park Commission from the 1973 sanitary survey which indicated that the house was served by a septic tank which is basically in the area covered by the deck as shown on the sketch, with a some sort of seepage device located down gradient of that in the range of forty five or so feet from the lake. As I mentioned before that absorption system or seepage pit system was shared by the neighboring house as well, it had its own septic tank but share the absorption area. When I looked at the property the, really in trying to conform with the set backs to the lake and adjacent wells were pushed up into that corner, upper right corner of the lot as shown on the sketch an area. I did tests pits, perk tests came up ith a preliminary design in that location of an Elgin System, three trenches, twenty eight feet each enough to support the flows from that residence. Now the problem. Where the well was located doesn't meet the one hundred foot set back to that system. That really is the only location on the site where you can locate a system and maintain the set backs required of separation to the lake, separation of neighboring wells, separation to your septic tank and pump pit from the lake. But her own well, her own water supply now is deficient of the required one hundred foot set back, and that distance is shown as thirty feet. Now, in combination with this proposal of a replacement septic system and the only reason I would bring it before you is that if the water supply the system of her drinking water and household water would be, would have a disinfections system installed with that. In this case I would suggest a UV system, which is more, lets say user friendly and not requiring say daily operation that a chlornation type system would require. The attention to replenishing chlorine and what not that is required of disinfections, chlorine disinfections I would suggest a UV system. So, that's the basis of the proposal. Councilman Brewer-How does a UV System work? Mr. MacElroy-Well, it is u1traviolet light the water is in contact with that light it goes through a chamber which Councilman Brewer-That disinfects it? Mr. MacElroy-And that disinfects it, correct. It is a disinfections system that has been used for quite a long time in Europe it is more and more in vogue in the United State particularly on point of use systems, municipal type systems needs to have chlorine residual throughout the system so you know that, that disinfections is taking place. You could go thorough UV but somewhere along the distribution system, miles away, some other form of contamination could pick up on it. If you have chlorine in there you know that there is some safeguard against that. In a point of use operation you do not have that concern so that is why UV is really applicable to. Councilman Boor-Would this UV be installed as it comes in the house or before like kitchen, bathroom, is every, all water that comes into the house would be? Mr. MacElroy-It would be part of the mechanical set up where your pressure tank is, that type of thing. Councilman Boor-This does not work on a holding tank the UV? This is on flow water? Usually they, usually there is a tank that the water has to collect in and the UV light operates on the tank not a flowing stream of water. Mr. MacElroy-No, it would be, there still would be pressure tank whatever beyond that but, not a contact tank itself, no for the volumes and flow of a system, a residential system it can be done in. Councilman Boor-On pressurized moving water? Mr. MacElroy-Correct. I have literature I don't you know I could pass that along to you certainly but there are individual units that are set up for that and it is not, there is some amount of residents time within these units but that is all. Councilman Boor-That is what I am talking about, in other words this is not just. Mr. MacElroy-Contact time Councilman Boor-Right. Mr. MacElroy-Chlorination takes contact time needs to be in storage for that to be effective the UV can be done within Councilman Boor-This just isn't Pyrex plumbing with a light on it? Mr. MacElroy-Correct. No. There is an individual unit that the water would pass through that houses the UV light cylinder. Councilman Brewer-How much of a storage capacity? Mr. MacElroy-No significant gallons. Councilman Brewer-Fifty gallons? Mr. MacElroy-Not even. Councilman Brewer-I guess my thought would be if somebody goes in and takes a shower and uses twenty or twenty five gallons of water then the kid jumps in after the parent or whatever? Mr. MacElroy-A UV unit would be sized for the flow rate that you would have in a household. Councilman Boor-That would have a lot to do with pressure going in and pressure going out then, right, in other words you, otherwise you could exceed, yea flow rate. Mr. MacElroy-Flow rate going in and flow rate going out. You would size the system according to whatever flow rate. Now a residence is relatively low. Councilman Boor-Are there any currently used in Queensbury? Mr. MacElroy-UV systems? Councilman Boor-Yes. Mr. MacElroy-I am sure that there are a number of properties on the lake use them to treat the lake water. In this particular case it is different. Councilman Boor-They are not mandated, they are optional. Mr. MacElroy-Correct. Councilman Boor-These situations that you are talking about. Mr. MacElroy- The system over the years has primarily a chlorination disinfections system. A cylinder that holds a certain volume of supply water you pour Clorox in it to a certain concentration that chlorine would enter your water supply and disinfect it. That has been the standard lets say for many years. The UV systems are more and more catching on and used in all over. Councilman Boor-Would there be any advantage in or would it be cost prohibitive to require the applicant to case the well further than what it is, the forty-five feet? Mr. MacElroy- Well, I did talk to the well driller about that and that is possible but at what point is? Councilman Boor-I do not know, but forty five feet that is in the range I am going, I do not know if that really keeps. Mr. MacElroy-It really has to do with the geology the horizon of what you are dealing with. Councilman Boor-But you are talking three forty five to granite you do not have to case it to that but I am wondering if maybe a hundred feet is more safe amount to case. In other words you have so much soil that is obviously going to clean. Mr. MacElroy- That well log I think you may have been referring to it is not real clear and it's delineation, it says zero to three forty five if hard pan and granite what I was told is that there is hard pan the first thirty feet and the casing is down to forty five. So, the casing is correct. Supervisor Brower-Dennis, in your opinion this UV system you are recommending to your client is kind of a back up. Mr. MacElroy-It is a safeguard. Supervisor Brower-Because of the thirty-foot distance from the Elgin System. Mr. MacElroy-Yes. Supervisor Brower-And we know that the Elgin system is superior to other systems in the past but we are still not sure what the minimum system should be with an Elgin System. Mr. MacElroy- Well the State standard is a hundred feet and whether that changes in time I do not know and I am not here to promote for whatever in this particular instance. In this particular situation with the topography of the plot, the soil condition of the lot the location of the well the investment that she has made in the well and the preference to keep well water, this is the option that I would propose. Supervisor Brower-She has opted to go much closer to her own well than she has the lake. Mr. MacElroy-Correct. Councilman Boor-Or any other property. Supervisor Brower-Or any other property. Mr. MacElroy-She has maintained the hundred feet to other neighboring, well there is one other the neighbor to the west has a well the neighbor to the east does not. It meets the other set backs it is a deficiency to her own system. Councilman Brewer-Can I ask you a question? Mr. MacElroy-Yes. Councilman Brewer-Do these, on this septic system do you have to have three twenty eight foot runs or can you have a fifty six and a twenty eight, just out of curiosity? Does it have to be three separate twenty-eight foot runs? I guess what my thought would be is if you turn this backwards E upside down and ran it to the back of the property you have got a force main going there and it would give you more separation to the well. If you had two lines. Mr. MacElroy-What this does not show to you is the topography, the lay of the land and I am not sure that this three-branch system follows the contours of the site and am not sure of that. Councilman Brewer-Well, if it follows the contours then that leads me to believe that it is going right toward the well. Or is the contour the other way? Mr. MacElroy-Down gradient from the property line down to the lake. As you may imagine basically the ground elevation of the system area is pretty similar to the ground area by where the well is. It is not necessarily up gradient or down gradient. Councilman Boor-It is going to require a pump then also. Councilman Brewer-It is going to have a force main but I guess if you can lay them horizontal why can't you lay them vertical if you are looking at this map like that, has that been looked at? Councilman Boor-It would fill up the end of the trench. If you have a low end it would fill the end up you would never be able to utilize the back of it. You are not going to be able to use this end of the trench if it is like that, as opposed to like this. Mr. MacElroy-Running it parallel to the side boundary is what you are saying, it is just the lay of the land it is not, it would not, that is not usually the way we design Councilman Brewer-I cannot tell from this map what the elevation is, so. Councilman Boor-It is a failing system now? Mr. MacElroy- Well, there is no obvious failure in this quite frankly this house is used in frequently but Councilman Boor-Elgin is a great system it is probably an improvement over what is ever there I guess Mr. MacElroy-I want to express I think the owners consideration of making improvements to the septic system to her water system you know, getting rid of the neighboring house when she bought that property, I mean she has taken efforts and I think they are sincere efforts to try to better the situation. She has suspicions she probably does not know an awful lot about the existing system except it goes in the ground and she has never had a problem, like you have heard so many times. But it is an old system it clearly would not meet any of today standards so she had hoped to make those improvements. Councilman Boor-Pretty much a classic example I have not been on the board that long but this is almost a typical situation of somebody making an improvement that really does not have the amount of property to make the legal improvement without a variance. Mr. MacElroy- That is where really I see the real key of those Elgin systems is the lack of or the lessening of this area requirements that it has. But, again, if it weren't for her own well this would be a replacement system that would meet the requirements of the Town of Queensbury. I do not want to miss one other thing the ten foot property line set back we are also seeking that is a little closer to that property line than the ten feet so that is in fact also a variance that is requested here. I think a minimal Councilman Turner-How many bedrooms is this proposed to serve? Mr. MacElroy-My understanding is the house is a three-bedroom system. That design of twenty-eight feet of an Elgin system would have a capacity of four hundred and sixty gallons and that would be a three bedroom at a hundred and fifty gallons, if you take that flow rate. Now with modern plumbing fixtures and what not, you could down size it to one hundred and ten gallons per bedroom, so. But, basically the system is based on a three-bedroom design. Councilman Boor-Is there any remodel or any thing else going on inside the house or is this? Mr. MacElroy-Not at this time, although I will say that she was considering improvements to the foundation with a mechanical room or whatever and that would trigger a requirement for septic system that meets town standards. So, this, I am not telling you this in a vacuum and you know next month she comes back with a plan for a major expansion to the house. She has talked about perhaps improving that foundation area and having a mechanical room space that may I think requires living space to trigger the Councilman Boor-I guess that is one of the things that concerns me is the fact that there really negative impact is going to be on the homeowner themselves is good but I do not want it to be the precursor to expansion. They then say well, we have a system it has already been approved and now we want to add it and this meets the requirements for a four bedroom, so I do not want that to be. Mr. MacElroy-I cannot sit here and tell you that won't ever happen. I do not think that is her intent. Councilman Boor-I guess I would almost consider if it is even legal and I would have to ask the Council that, putting a restriction that when we start granting these applications that are considerable variance that we stipulate that the number of bedrooms in this instance which would be what I would be concerned about remain at three. I would hate to have her put two more bedrooms on it that is just my thoughts on it I do not know how the rest of the Board feels. Do you follow what I am saying or is that an unreasonable or are we unable to Town Counsel Hafner-Restrict variance with this system to them agreeing not to add any other bedrooms in the future without coming back to getting another variance. I would think that you could do that, because they are coming for a variance they can agree or you do not have to grant the variance this is your discretionary act. Councilman Boor-I would be more comfortable with it, because we do not know where these, this bedrock and these you are saying these things are and I would be concerned if we started putting larger volumes in than what we are looking at now without really knowing where the shelves are now and we only have forty five of casing and granted you have this UV system I am somewhat familiar with it but not really. Supervisor Brower-Dennis, are you creating any mounds, in conjunction with this Elgin System are you building it up at all? Mr. MacElroy- This would be a shallow absorption system, at first I thought would be a fill system a raised system according to the town's terminology not mound, but a raised system. But when I did the test pits I found that there was adequate soils and separations in that area so, at best will be a shallow absorption system, which as the sketch kind of depicts the trench is scratching the surface there is a filling above the pipe level but it is not a definition a raised system. Supervisor Brower-Does the existing septic tank meet the Town Code one hundred foot from the well currently? Mr. MacElroy-No. It is about seventy-five feet. Actually closer, the existing septic tank where I envision seepage area to be about seventy five feet so the septic tank is probably sixty feet or so. Supervisor Brower-Well, certainly further away from the lake that is for sure. Mr. MacElroy-In terms of the wastewater system it is a vast improvement; it does put a burden on this owner. Supervisor Brower-Thank you very much, I appreciate it. Dave if I could ask you to come forward for a minute. You have been out to the site would you give us a little report on your findings? Director Dave Hatin-Well, I think Dennis pretty well described the property. Due to the fact of the well placement it limits her ability to place a performing system anywhere on the property. Granted that is her problem that she created when they put the well in they should have known where their septic system was and planned for the future, they didn't. So, the only real choice here is holding tanks if you deny the system her only choice is holding tanks. I know in talking to her over the phone she prefers not to do that. She would like a conforming system, she as Dennis mentioned she does want to put a foundation under the home to make it somewhat year round, right now she has to drain the plumbing in the wintertime and then from what I understand it is pretty much a rental home during the sunnner she does use it occasionally. So, this would give her year round ability to use the home as well plus do the expansion that Dennis talked about. That is the only expansion that I am aware of though. Councilman Boor-Would holding tanks also require a variance? Director Hatin- Yes. Councilman Boor-Ok. Director Hatin-The lay of the land is very difficult it is fairly good slope from the driveway down to the lake so this really is the only logical point for it. Supervisor Brower-Thank you Dave. At this time I would like to open up the public hearing to anyone who would like to comment on the project. Yes, Sir, if you would come forward and just state your name and address for the record please. Mr. Richard Slote-My name is Richard Slote and in the sunnner I live in the guesthouse at Edwin King's residence which is Miss Seelye's neighbor. I think there are four bedrooms in that house, I know that there is a second bathroom that was put in a couple of years ago without a building permit and during the summer the house is rented every week from Memorial Day until well into September. We have had to live with up to sixteen people living in that house for two weeks at a time. I would really like to make sure that whatever she does preferably a holding tank, but whatever it is, is rated for up to sixteen people for two weeks at a time. We swim in the water right in front the main house at Mr. Kings residents sometimes draws it drinking water from the lake and it has been a problem for a long time. I realize that there is not laws that can restrict a private owner from renting their home and then consequently there is no way to restrict the number of people that live in the house. However, this house as been modified many times over the years. I have lived across the driveway from her for twenty years and all winter every winter there are modifications being made. I suspect there are four bedrooms. I know there are two baths and we have to live with up to sixteen people in it for two weeks as I say every summer. I just want to make sure that the quality of the lake water that we swim in and possibly drink is not does not go down in quality. As a next door neighbor we would prefer a holding tank where there would be an alarm when it got to a certain level and no one would have to worry about it. If I remember a year ago when I was here when she put in another variance application for her deck she also promised not to take any trees down especially in that area. From what I saw earlier on a map it looks like have a trees are going to come down for these twenty- eight foot trenches. I would really like to know what three twenty eight foot trenches do and the tank for the amount of use that the house iswill probably sustain. That is all I have to say. Supervisor Brower-Anyone else care to address the Board, Mr. Salvador? Mr. John Salvador-My name is John Salvador and am surprised to hear about the incidents of use on this dwelling. Somehow some way we have got to come to grips with this the private homeowner running a hotel. That is what is going on, when you rent for a periods of a week this is called over night occupancy. It is not like a long-term lease. There are certain State Laws that kick in not only the Health Department Taxation kicks in. The Town Assessor has an inquiry form where she asks all the homeowners the direct question concerning rental income. That is a way of assessing the value of a dwelling as to whether or not there is rental income. So, maybe these people should be required to line up and answer these sort of questions. This is beyond the spirit and intent of the law what is going on. This kind of burden on a dwelling I cannot imagine, I cannot imagine this number of people in a dwelling that size and the place not being torn apart. This is like running a ski tour. It is just not right and think the problems here go beyond a septic system, thank you. Supervisor Brower-Would anyone else care to address the board on this particular application? Town Clerk Darleen Dougher-I do have a letter. Supervisor Brower-Ok. If you would read that. Town Clerk Dougher-read the following Town of Queensbury 1555 Lexington Parkway Local Board of Health Niskayuna, NY 12309 Queensbury Activities Center April 12, 2002742 Bay Road Queensbury, NY Dear Board of Health, We received notification of a hearing that will be held on Monday, April 15, 2002 concerning and application of Katharine Seelye for sewage disposal variances for her property at 14 Crooked Tree Drive in Queensbury (tax Map NO.: 239.15-1-10). We own the adjoining property at 3142 Route 9L (Tax Map NO.: 239-15-1-12) in Queensbury. The variances requested could potentially greatly affect our ability to make improvements to our property. Our chief concern is the impact of this sewage disposal system on our ability to place a well on our property. The placement of the proposed system is practically on our property line and significantly limits any future well's placement, as we understand that a well must be no closer than 100 feet from a sewage system. Between our existing system and Ms. Seelye's proposed system any well we would need some day would be precluded. Another concern we have relates to parking. Currently, Ms. Seelye rents her property for the spring and summer months. Often there are multiple families renting with numerous cars, trailers and boats. The requested placement of the sewage disposal system is where these vehicles currently park. Ms. Seelye does not have additional parking available for these vehicles. It would be inappropriate and unacceptable for parking to be on state land along the edge of Crooked Tree Drive or on the surrounding grass areas. This too directly Impacts our property. Finally, we are concerned about limitations this sewage disposal facility would place on us concerning future expansion of our garage area. The proposed change is immediately adjacent to this portion of our property. We applaud Ms. Seelye's interest in enhancing her property but feel that the proposal seriously impacts us both now and in the future. Right now we draw our drinking water from the lake but we need to be able to drill a well on our own property should we choose to do so. Sincerely yours, Isl Mark A. Handelman Barrie S. Handelman Supervisor Brower-Ok. Thank you. Anyone else care to address the public hearing at this time, seeing none I would like to ask Councilman Boor-Is Mrs. Seeley here? Mr. MacElroy-No she is not she lives in Washington DC. Supervisor Brower-I would like to ask Dennis if you would come back up I have a couple of questions for you. One of the concerns expressed was potential tree removal, what is the status regarding tree removal. Mr. MacElroy-I did look at that in fact I revisited the site this evening before coming here. I would say that at least two possible three trees would be removed for the installation, there are two hemlocks and one hard wood tree that sits closer to the Handelman's property area but it is on Seeley's property that it would be disrupted. I think that you know that could be worked around to some extent but realistically I would say two to three trees would be removed. Supervisor Brower-Are they large trees? Mr. MacElroy-Six to eight-inch diameter dbh probably the hardwood might be closer to ten inch, eight to ten inch. Can I comment on a holding tank also? The Town of Queensbury standard for holding tanks for that size system I believe is four thousand gallons and not that it would be one four thousand gallon tank but it may be multiples. Two, two's, three, fifteens whatever to get up to that quantity. I think a fifteen hundred gallon tank can be set by a backhoe but anything beyond that you really need a crane to set a larger size tank and that is difficult site to think you would have a crane in there to lower that in. So, for that reason in addition a holding tank is really not a preferable, when a system can be designed for flow rates that would accommodate four hundred and sixty gallons per day. That is a legitimate design for that size house, I cannot speak to the use but I suspect that is a separate issue. Councilman Boor-I tend to agree unfortunately I think maybe it is the most important issue. The last thing I want to do is to have sixteen people showering on a system that cannot handle it. You know if this was a home owner that was there year round and she want to improve it great, but now it turns out that she is not even drinking the water she might be contaminating, renters are and how many renters we do not have anything that says you can only have so many people in here so even the issue of how many bedrooms is there is almost irrelevant if you have four people sleeping in one bedroom. So, I am almost thinking holding tanks is the only thing I would approve because then she would guarantee that nothing will be fouled and she will actually pay for what she has to pump out of there. You know I like your system I like what you are talking about but, we are not really talking about a household here anymore. Mr. MacElroy-I understand that we are requesting a variance so in regards to that we are at your discretion here is what you decide. Councilman Boor-But, I want you to know I think your system is great, I would approve it in a heart beat if I thought that this was family that was living there but it appears that, that is not the case. This is an extensive variance these are considerable amounts that we are reducing in clearances and this almost sounds like a commercial use to me. Mr. MacElroy-It may not sound good based on one persons description. Councilman Boor-That is why I wish the homeowner was here. Mr. King-I am Councilman Boor-You are Mr. Seelye? Mr. King-No I am Mr. King, next door. Councilman Boor-No, I am talking about the person that is seeking the variance. Mr. King-When Dennis is through I would like to say a few words please. Supervisor Brower-Certainly. Councilman Boor-I think what you have got is great given the parameters of a household of a certain size that is using it appropriately. I just have no idea now how this is being used so I am reluctant to say yea, go ahead. Supervisor Brower-I would like to ask Council a question, Bob there is no, we do not have any real authority over rental at all right as far as number of people. Town Counsel Hafner-It is private, it is just their own single house, that is private landowners...you are not operating a motel. Councilman Brewer-It appears and certainly is common knowledge that it is a rental property and in my mind you have to take the worst case scenario. The worst-case scenario is not very good the way this thing is set up. Maybe the neighbors are exaggerating maybe it was not twelve people maybe it was eight people. But then it comes back to my question is if you got thirty gallons or fifty gallons you are treating and there are eight people I mean my wife and daughter can go through forty gallons of hot water in a heart beat. You start talking about eight people taking showers or think about doing laundry and the kids taking a shower. Mr. MacElroy-In terms of treatment of the water and the UV system is that what you are referring to? Councilman Brewer-Yes. Mr. MacElroy-The treatment unit would be set up to treat only that quantity or all of that quantity of water that a pump can deliver. So, in that respect you can't, water can't get by that has not been adequately treated, that is the basis of the design. Councilman Boor-I am not worried about the fact that it is biologically not contaminated I am concerned about the volume coming out. Three, twenty eights might not be nearly enough if you got sixteen people in there on a daily basis. You are sizing this to three bedrooms not to sixteen bedrooms. Mr. MacElroy-I am sizing it to four hundred and sixty gallons a day and that is the standards Councilman Boor-What is the typical usage attributed to one human being it is a hundred gallons a day isn't it? Mr. MacElroy-For modern plumbing fixtures it is a hundred and ten gallons a bedroom, for plumbing fixtures between 1990 and 1980 something like that is one hundred and thirty gallons per bedroom, prior to that it is hundred and fifty gallons. Councilman Boor-I am on the low end when I say one hundred gallons per person, we are really talking about.. . Mr. MacElroy- Well usually if you go on a per-capita basis usually it is a figure of seventy-five gallons per capita. Councilman Boor-You know what I am talking about and I like what you Mr. MacElroy-I understand that we are here for a variance related to the well separation lets take that away for a minute, and I was going to Dave's Office for a replacement septic system would that system be approvable? Councilman Brewer-What do you mean, this system here? Mr. MacElroy-Right, the septic system that we are all of a sudden we are concerned about being adequate for that house in that lot in that specific... Councilman Boor-That is why I am saying I am thinking about requiring holding tanks. That is why I am going with it. Mr. MacElroy-I understand what you are saying but I wonder if Councilman Boor-Because if I find out that this is how this is being used and you are pumping it into a garbage can in the ground I am not going to be real happy about that. The fact that you are going to put in a brand new system in is great except it sounds like this brand new system might be grossly inadequate to handle the volume you are talking about. So, as somebody that is looking out for the best interests of the health of this community I do not like either one of those options. Mr. MacElroy- Well, I don't live next door I want to respectfully hear what the neighbors say but that seems like an issue that we could get into with countless Lake George shore front properties. I know here we are only dealing with this particular one but these are two neighbors who have one who has spoken one who will Councilman Boor-Not to be facetious but I am assuming that they only have two neighbors one on each side so and I do not mean that in a but I mean. Mr. MacElroy- That reminds me of the well actually there are three because the King property has a rental that the first gentlemen that spoke. The Handelman issue, well location, I looked at that again this evening before I, and I swung a radius of one hundred feet into their lot to see what and there is no question that there is some restriction on their lot but there are other areas within their lot that they would be able to investigate for a drilled well, so it certainly does not prohibit the potential of a drilled well on their lot by any means. It does limit it if you hold that one hundred foot separation to a future potential well but that is an issue that you have heard many times I am sure here as a Board of Health. Supervisor Brower-I would like to ask you another question. The UV purification system what does that actually treat or kill what types of bacteria I assume? Mr. MacElroy- The bacteria that is present in wastewater effluent, it could potentially come in contact with that water supply or a water supply, the lake, a well, an improperly constructed well in this particular case there is a drilled well with casing into bed rock. It has been sealed with a bentonite seal and that is ...well that is a standard design and the way it should be constructed, yes. Those are the standards, but again we are seeking a variance from what is the standard. Supervisor Brower-They are not utilizing that currently on their, they currently do not have that system in place? Mr. MacElroy-The UV system? Supervisor Brower-Yes. Mr. MacElroy-Correct. Now they don't, as in most any deep well situation the water is simply used from the ground. I would say rarely do you treat ground water from a deep well. Supervisor Brower-Any other questions of Dennis while he is at the podium before we ask Mr. King? Councilman Turner-There has been no problem with the current septic system where it is that you know of? Mr. MacElroy-Not that I have been told of, certainly. I do not know that I am not saying there has been I am not saying there hasn't been. Councilman Brewer-What prompted the new septic system? Mr. MacElroy-Well, I think she understands that there's its deficient my reading of it is that she has a sense that it is deficient that to make the improvement that we spoke of earlier the Town will require certification of the existing system which is not possible so that she has sought alternative solutions to that. This is the one that we came up with. Supervisor Brower-Thank you. Mr. King, if you would come forward? Mr. Edwin King-My name is Edwin King I would like to ask Dave a couple of questions. It is Dave, right? Unknown-Dennis Mr. King-Dennis, I am sorry. I would like to ask Dennis a couple of questions but before I get to that I do not think I have ever only attended two Town Meetings in my whole life and I am seventy five years old and one of them was regarding the Town of Queensbury and that is when they intended to put a motor home court on the Bay Road, I don't know if anybody can remember that far back, that was a bad idea. I purchased my property in 1965 I am the fourth owner of the property. I have been living there ever sense. Rick, Richard Slote that was here before me is my son in law and he lives in one of the cottages and he does not rent from me he is a member of the family. I know Kit Seelye's father I knew her mother, lovely people very, very nice people, died much too young. I knew her brother Bill, was a very nice young man. But, we always got along just fine and I do not think maybe on occasion a very few occasions her mother and father did rent because they loved the place so much. I also knew Al Tunis ho lived next door and Al was a good friend of mine and we used to visit all the time. The septic system that is there presently Al showed me several times and I have looked at it my self several times and it was shared by both cottages. It was in my opinion it wasn't, it wasn't concrete, it was built up of stone and it reminded me of more of like a dry well than it did a septic system, I really do not know how well it worked. Not too good I do not think because several times we have been in the lake and you could get the smell of a septic smell and we did report it and someone did show up and look at it. But, there isn't very much that they could have done at the time it has been in use, grandfather rights are sometimes a very good thing, but they are also very bad things. In regard to the health of the lake it has been a very bad thing for a long, long time. Now, when her mother and father deceased and her brother also unfortunately and also I am certainly not and I will use a kind of a farmers word hre a little bit, I am not a againner, I am not against Kit at all. I think she is a very nice young lady? I am not against everything in fact I saved their house from burning down one night. Her brother was there on a weekend and he started a wood fire in the fireplace and came running over to our house and said Mr. King, Mr. King the house is on fire. Another young lad and I ran out and her brother was very excitable and he jumped in his car and drove away. So, he did, he really did, he was so excited he did not know what to do, so he got in his car and drove away. I probably should have stood back and said isn't that a terrible shame but I did not do that. So, the kid and I both grabbed pails of water and I never saw anything like it in my life if it happened like it was at a circus we threw the water probably from here to those doors over there up on the roof and immediately the flame went out. I said to this kid, Billy, you aim was too good, any way we saved the house from burning down. And the bother came back and we calmed him down and he had another six-pack and he was all set for the weekend. But, anyway, they do have a lot of rentals and I have seen a lot of people there at the same time. What happens is and I used to own the Antigua Motel at one time and I have seen people come in and rent a room especially the folks from Canada, they would come down on the Holiday, the Canadian Holiday and they would rent one room and you would turn around and there would be six of them in it, don't ask me what they were doing but they were there. However, they do rent, I know two couples at a time and of course the first couple invites some of their friends and the other couple asks come up over the weekend and so on and so on and so on, and all the children. I will say this they all have been very nice people, you get a couple of people that are a pain the neck but all of the people that have come in I have befriended and they are nice to our dog and we visit and talk and we have a lot in common with a lt of them and they are nice people. One thing I wanted to ask was does this ultra violet system are they any odors come from that, Dennis? You say Yes or No? Mr. MacElroy- No, the ultra violet system is simply a band of light rays that does the disinfections so there would not be any odor associated with that. Mr. King-Where do the light rays come from? Mr. MacElroy-They are emitted from a certain bulb, which is part of the disinfections unit, contained within an unit. Mr. King-But aren't u1tra violet systems very, very similar to the Wisconsin Mound System? Mr. MacElroy-No, they are two different things. Mr. King-They are entirely two different things, they ..Laterals and the pump against the laterals and the holes are faced upward and the effluent seeps out and the wind and the sun and the ... Mr. MacElroy- We are talking about two different things. The Ultra Violet System is for the disinfections of the water supply what you are asking about really is the Elgin leach field system and that is a more technical leach field than conventional pipe and stone this has a particular Elgin unit which affects the treatment which enhances the treatment of the effluent. But it is a ground-based system, which would be similar to a leach field that you have in your yard. Supervisor Brower-Mr. King do you draw your water from the lake right now? Mr. King-Let me explain to you, one thing I just don't do is bend the truth. Six months out of the lake, six months on the well. The frost line has everything to do with it. Councilman Boor-What kind of a system do you use to disinfect when you take out of the lake, do you use chlorine? Mr. King-No, because it is our own family. Now, when I Councilman Boor-Just just take. Mr. King-If it is for personal use you really don't have to. When I own the Antigua Motel we had the Councilman Boor-I know that you don't have to, I amjust curious. Mr. King-I do not do anything. When I had the Antigua Motel we had to go out and buy a big twenty- gallon crock and we had proportioneir I will call it, it proportioned the amounts of chlorine to the amounts of lake water and that took care of the whole motel. But, unfortunately Kit does not have very much room there, she just doesn't have enough room to do hardly anything there which is a sad, sad part of it. I will be very honest too, I feel sorry for her and if again this has, it has a lot to do with it and the Handelman's feel the same way that if she was going to live there herself and her family or friends or something that would be just great and you would very happy to see them. But, when it is for the purpose that she is intending it and she also told me originally what she really wanted to do is build another addition onto the house or a cottage next to the house or something so that she could stay there and still rent. Is what she told me herself that, that is what she really would like to do smeday. She would like to on the lot that she bought from Al Tunis and AI's house is ninety years old when she bought it and tore it down, it was ninety. I think the septic tank that is there now was his probably been there at least fifty or sixty years or more. But anyway she told me she intended to build or put some sort of an arrangement for her to live next door and still rented the cottage out and she probably if she rented it at the rates that are going today she could probably rent it and live there for nothing. Which, you know is nice it is good business it isn't, it really isn't fair to your neighbors, he is closer to her than I am, he is just, he is from here to those doors over there, it is a road in between that is all there is. It is a road and her house and then it is going to be this septic system and three times in particular I know of we could smell odors in the water, we could smell septic in the water in Lake George and we reported it but I told you that already. It is not nice to haveyour family and their kids in the lake and be smelling septic water it is not right. I have been coming to Lake George since I was ten years old and I am seventy five that is sixty five years the first time I ever came I pitched a tent over on in Hearthstone the kid and I. My father dropped us off gave me ten bucks and said I will see you in two weeks. We stayed there for two weeks, we had two tents we slept in one and we kept our food in the other and that is how I got introduced. Any time a boat would go by we would run down and jump in the lake to get the waves and that is how I, I love Lake George I just spent all my life on Lake George and I don't I will be honest with you I do not like to see septic tanks to here to that thing there next to the lake I just don't like it. I had to change my own, mine was out in front of my house and I had to take, remove it there and move it up in the back a hundred and fifty or two hundred feet away from where it was. I do have a Wisconsin Mound, and it was expensie, it cost me about lets see, how many years is my Wisconsin Mound been in.. ten, twelve Mr. Slote- Ten to fifteen. Mr. King-Even that far back it cost me about twenty five thousand dollars. I did a lot of the work our self. I sent a backhoe up dump trucks bought all the stone from O'Connor and we put in the sand, the crush stone the gravel the ...and it was expensive. Unfortunately I wish money could take care of Kit's problem I wish she could just say here is twenty five thousand lets clear this up. But, you can't you have a containment problem a property problem. Mr. Handelman I talked to, he is not very happy about it at all because it is right up, it is less than, her septic system will be less than ten feet from his boundary line, less than, do you know what the distance will be? Mr. MacElroy- The field is approximately six feet. Mr. King-Six feet, I heard four so it is five. Mr. MacElroy-The force main is... Mr. King-It will be five feet or six feet from this mans property line. I will tell you and I will be very honest that the taxes if you live on the Lake are not cheap, they are not cheap. They are very, very expensive and I just hate to ruin the lake and I hate to it is a difficult situation, I am glad I am sitting here and not over there. It is hard for you too, I know it is. It is hard for you people too. But, thank you, if anyone has any questions you would like to ask me anything and I have lived there for sixty five, seventy five, eighty five, ninety, thirty five, thirty seven years I have been living there and I knew the people that built my house. I know them very well. So, if anyone has any questions about the property or the area or anything else I will be happy to answer truthfully. Supervisor Brower-Thank you Mr. King. I appreciate your comments. Councilman Brewer-Thank you. Supervisor Brower-Dennis? Mr. MacElroy- The issue, I am thinking of the scenarios here and if this isn't said as a threat in any way but I am just thinking here is an owner that would like to replace what is a system that isn't compliant with todays standards and to so requires a variance. Mr. King-A holding tank is just fine. Mr. MacElroy-If a variance is not permitted then that use continues with that system that without some apparent failure documented failure that the building department would be informed of and would red flag a system and require that, if there is not that evidently to date that has not been the case based on whatever uses it has got. But, now there is an effort to build the system that is compliant that is state of the art technology as far as septic tank, pump pit, Elgin disposal system, what it doesn't do is meet a set back to her own well. To mitigate that and again the only reason I would propose that is if the u1tra violet treatment system was placed upon her own water system. Now, I do not know about the usage about this specific property I do not moderator that, I was not around that, I do not see that. I know I have a lake property in my family as well and there are always places and times where there are peak usage of those systems. Is that the reason to deny the installation of a suitable propely designed in compliant system with the exception to the set back to her own well. I do not know if it opens the door to any further action or further use what it perhaps does is safeguards the existing use and the existing system on that property. Councilman Boor-I understand exactly what you are saying and you are in a bad position. The thing is that this Elgin System is you are also seeking a variance to get closer to her property line, so although you make a good argument that yes, it is state of the art, and it would be appropriate for a three bedroom house you are putting Mr. MacElroy-Four hundred and sixty gallons a day. Councilman Boor-I am not sure that, that's really the correct usage and you are asking these homeowners next door to believe that and to allow us to put it closer to their property line when in fact it might be closer to two thousand gallons a day. In which case although it is a state of the art system it is not designed for that kind of usage. Here you are asking us who are not experts in health issue to say yes, go ahead you can put it four feet from this guys property line. I am not savvy enough to know how this is going to be used. I guess that is why we have these mailings that go out and notify because when you came up here I would have granted it hands down. But, to find out that this thing is a rental property that the owner really isn't the person that is going to suffer if the system fails that these people are renting it. To find out that people next door may suffer if this Elgin system if this thing just keeps force pumping up to something that cannot handle it what happens to an Elgin systemwhich is a surface system this is not deep. It flows. Mr. MacElroy-It is no different than a conventional designed system, no different than a mound if there is failure. Councilman Boor-Except that it is not a deep. It is up near the surface which means that it is going to exude quicker. Supervisor Brower-Well, you know I it is kind of funny, I have similar, some similar concerns to Rogers I realize that if we require a holding tank the applicant may decide that for whatever reason too expensive, don't want to do it, they could just leave their system the way it is currently. The potential pollution to the lake is greater than what is proposed in the application from what I can see in my opinion, however the fact that we are also granting a four foot or six foot, well actually it says four foot from the rear property line and the neighbor realizes that they may need to put a deep well in, in the future and it may affect their ability to install a deep well, also has to be a concern of our board potentially because you are indeed potentially affecting the ability of the neighbor to make an improvement in the future. Mr. MacElroy-But certainly that has got to, that is a case in any situation where you do not have municipal services and it is so common place on Cleverdale or Rockhurst areas that don't have on site systems and wells and I wonder how many systems through out those areas in fact do not meet these standards by having a well water supply within that set back distance. The issue about being ten feet or being four feet versus ten feet, that is a standard separation distance from a property line. The way I would understand that, the ten feet gives a reasonable working distance if you were to work around the end of the system. In this case I showed the force main on the easterly end and that is why the four feet, the field itself is six feet so that is why it is deficient. Not to minimize the importance of certain set backs that is not a highly significant one. Supervisor Brower-It is small variance. Mr. MacElroy-And I would stress that the hundred foot radius from that field location certainly does not preclude the Handelmans from being able to install a drilled well. They have, again I went out there tonight or this afternoon specifically to review that and to reinforce that to myself that I knew that there were other locations on there. It does limit it but it certainly does not restrict it. Now, if this is I am wondering is there any way if this was heading for denial procedurally if a variance is denied what is possible from that and then if a tabling was requested is there any further information that would be possible to support the application? It comes from, it seems like it has turned on the fact that the property is rented and there is peak usage at times. Councilman Boor-The issue is when you go to variances like this I do not mind if the person hurts themselves and agrees to hurt themselves but this is a rental property and the people that come in to this thing are not being told hey, you know what this thing should have been a hundred feet away but we went and got a variance and it is only thirty feet away and Mr. MacElroy-Ok. The use of the water supply Councilman Boor-Well, that is one of them and the other one is does the pump turn off when the Elgin System cannot handle any more, no it just keeps pumping and where does that go? It just Mr. MacElroy-Like any other system Councilman Boor-Yea, but the Elgin System isn't a deep system it is only three feet deep, it sits right on top. Mr. MacElroy-It can be in any configuration, it can be a raised system it can be a shallow absorption it could be. Councilman Boor-It is not deep essentially they use air, they use evaporation more so than the others that use drainage, right is that correct? Mr. MacElroy-By its own design the Elgin unit provides more surface area and that is why the reduced length of laterals are possible but in terms of its, it can be at a depth of a conventional system it can be a shallow absorption system it could be used I a raised configuration, there is no requirement that it is one or the other. It is really, the key to it again the additional surface area that it provides over conventional system and therefore instead of two hundred and thirty feet of lateral for a certain flow rate for a three bedroom house it requires seventy feet or whatever the conversion is, based on the Councilman Boor-This actually goes to my point that we are not experts when it comes to these issues and so I am very reluctant to assume anything when we are talking about this type of situation. Councilman Brewer-Dennis you have test pits on here but where are the results of the test pits? Who verifies that? Mr. MacElroy-Well it is in my file, I mean that is not uncommon. Councilman Brewer-Do we verify the soils are acceptable for this? Director Hatin-That is part of the submission... Mr. MacElroy-For the permit not necessarily a variance. Councilman Turner-Let me ask you a question Dennis you show an end view of the Elgin System and you show the finish grade what is the cover over that Elgin System, now much? Mr. MacElroy-It would typically be ten inches or so above the pipe, so you see a little fill area over the top and then that slopes down to match into the existing grade. Standard design Councilman Turner-You got a minimum three-foot separation to the high seasonal ground water underneath it. Mr. MacElroy-Correct. Councilman Boor-So in this case it really could not be deep. Councilman Turner-No. Councilman Boor-So it does have to stay ten inches from the surface. Mr. MacElroy-Again, yes. It is just into the surface is the way it is proposed what it would be proposed. Again the system is compliant with Queensbury Councilman Boor-I know but the way it is going to be installed the way it is shown here it is ten inches from the surface. Mr. MacElroy-Correct. Councilman Turner-I would rather see you table it and come back with the answers that were raised here tonight, your records to the rental of the unit Councilman Boor-And the owner if you could Councilman Turner-And the owner. Councilman Boor-I would like to talk to the owner and if she has any paper work that would give us an idea of the number of people that habitat that in the summer time. Councilman Turner-The issue has been raised that it is rented and if that is the case I think we would like to know that. Mr. MacElroy-Ok. Certainly that would give the opportunity for the owner to document that or substantiate that and if for some reason she decides to not go forward then we will pull the application as opposed to a denial. Councilman Boor-That would be the smart thing to do. Mr. MacElroy-I would propose that. I would request that and at this point, could I ask Supervisor Brower-If you would come forward please and again state you name and address for the record. Mr. Slote-Mr. Richard Slote, my address is next door. On this ..a couple of more questions came to mind which I do not mind if they find a satisfactory way of doing it that will not impact us or Lake George. If in a variance-meeting number one they have to address the tree issue that they promised a year ago that they would not cut down, that changes all of our exposure to the lake. Second thing is, it really putting this thing ten inches below the surface and this is a forced evaporation thing the cottage that I live in with the front twenty feet away from it and our patio directly next to it across the driveway and it is a one car wide driveway what happens when that is forcing the effluent up and the wind is coming down from the north across the lake right at our house. I do not think that the resu1ts will be very desirable. Another question I have for them is, with the parking issue if this thing is only ten inches below the surface that is Mr. Handelman was correct that is the area that her tenants hve to park on. What are the heavy trucks going to do to that system when they are sitting on it? Supervisor Brower-I do not know if you want to address that now or address it when you.. Mr. MacElroy- The parking comment certainly is a good one, there should not be parking allowed on the field area, that's common whether it is this house or any other system. Supervisor Brower-So, you will not be increasing any parking area per se. Mr. MacElroy- Well it is an informal parking area, it is not really defined as parking people use it evidently. Supervisor Brower-Where you put the system people will not.. Mr. MacElroy- They should not be able to use that, correct. Councilman Brewer-How do you prevent that? Mr. MacElroy-Perhaps put a fence up. Councilman Brewer-Perhaps when you come back you can tell us how you are going to prevent that. Mr. MacElroy-As far as the physical location it is not twenty feet from the cottage it is more than that, I certainly could show the exact Councilman Boor-Photographs might be helpful to. Mr. MacElroy-I have some but not necessarily that would show that. Thank you. Town Clerk Dougher-Are you leaving the public hearing open? Supervisor Brower-Yes, we will leave the public hearing open for either letters or comment. Councilman Turner-Mr. MacElroy knows our intent here and he knows what he has to address when he comes back to the board the next time. Supervisor Brower-The other thing is I noticed in reading the resolution or the resolution for potential approval for the application there was no requirement that they use a UV system and since that stated that they feel this is important I believe that this should be part of the resolution. Mr. MacElroy-Yea. I would like that. When you say next time when we are prepared to Councilman Turner-When you are prepared. Mr. MacElroy-Right, because not knowing Ms. Seeley's schedule. Councilman Turner-She might decide not to do anything. Mr. MacElroy-Or at the next time she may be available up here because she does live in Washington DC and is not here at this point of the year. Councilman Brewer-We have no idea when the applicant mayor may not be here I think it would be fair if we notified somebody of the people that live next door so that they can be aware of when this is coming back to us. Councilman Turner-We would have to re-notify them. If it is six months off or Mr. MacElroy- The two week time period between when it is first noticed and when we are here tonight, what is the best way to approach that. Councilman Brewer-Well we are going to know how much in advance you are coming back, I do not want to find out Monday afternoon. Mr. MacElroy-Correct, but if Councilman Brewer-If it is a week's notice then we can Mr. MacElroy-It certainly would be I would say two weeks is certainly reasonable. Councilman Brewer-Two weeks notice and then we can notify the neighbors. Mr. Sloth-Requested that he be put on the notification list. Councilman Brewer-Dave says we can take care of it. RESOLUTION TO TABLE APPLICATION OF KATHARINE SEELYE RESOLUTION NO. 20, 2002 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby tables action on the application of Katharine Seelye for sewer variances on property tax map no. 239.15-1-10 14 Crooked Tree Drive. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec 1.2 PUBLIC HEARING SEWER VARIANCE DONALD KRUGER NOTICE SHOWN Supervisor Brower-Now we have a public hearing on a sewer variance for Donald Kruger, I know Mr. Kruger is here this evening if you would come forward. Good evening. Mr. Donald Kruger-For the record my name is Don Kruger I guess I live at number 4 Osprey View in Queensbury. I am here to get a variance so that I can satisfy my variance. Councilman Brewer-Satisfy your what? Mr. Kruger-When we bought this property on Glen Lake a variance had been issued to the Jackowski's and part of the was predicated on upgrading the system on the old house. There is an existing house there on one lot and a new house on another vacant lot. In order to satisfy that variance we had to upgrade the septic system on the existing cottage. To do that I need a variance, that is why I am here tonight. Councilman Boor-Well I am confused. Mr. Kruger-Doing it this way I have totally separated and one has nothing to do with the other rather than I could tie it in so that the two houses are on one septic system but I have enough land there that I wanted to do, I have to do a pump up station anyway for the existing cottage and I want to pump it up to its own system on its own land. Supervisor Brower-You are pumping it up hill to this area here? Mr. Kruger-Yes, Sir. Supervisor Brower-And that looks like an Elgin System? Mr. Kruger-No. It is a conventional septic system with pipe and stone. I do not, I install septic systems and I do not have the regard for an Elgin System that some people in the room do. I think it is just an yuppie thing that is kind of cover thing. To me I want to see some stone, some pipe and some drainage area, that is my own personal opinion. Supervisor Brower-And your septic tank will be thirty foot from your well? Mr. Kruger-Yes. But that is a sealed tank it is not going to be Councilman Boor-It is the tank not the leach field. Mr. Kruger-It comes from the house into the tank and it spills over into a pump lift station and the lift station lifts it up through a pressurized two inch main. Supervisor Brower-You are collecting solids basically in the tank? Mr. Kruger-Collecting the solids in the tank which will be sealed and then it will over flow instead of to a distribution box it will flow to a pump station the pump station will lift it up to the D Box to a conventional septic system. Councilman Boor-Just so that I am aware of why do you need this variance? If it was already applied for and Mr. Kruger-That is a good question Roger and I asked the question too, but its apparently two different boards and the Zoning Board, Dave do you want to answer the question? Director Hatin-I know he is going to get tongue-tied if he keeps going. The previous owners received a variance from the Zoning Board to build a house and Mr. Kruger is currently constructing on an adjacent lot, the condition of that variance was that they upgrade the septic system for the cottage that he now lives in. What he had originally proposed to do was combine the two homes into one system where the new home is going to be built on that lot. He has sense changed his mind and wishes to split that off and have its own system on its own lot. The reason for the variance is we cannot meet the set backs for the well for the pump station or the septic tank. Councilman Boor-But not the distribution field or ok. Director Hatin-That is all-consistent with the code. Mr. Kruger-This well is one hundred and forty feet deep and ninety feet of it is casing which means it goes through ninety feet of Glen Lake sand and gravel and then fifty feet of rock so Councilman Boor-But it is a sealed tank. Mr. Kruger-It is a sealed tank but I do not see it as polluting my own well which of course is the last thing I want to do. I think this will be an upgraded system and over the long haul will be the answer to whatever comes down the road. Councilman Brewer-The only question I have Don is the effluent pump line to the leach field is fifteen feet from the well is that any kind of special pipe or just Councilman Boor-That is not perforated. Councilman Brewer-No, I understand it is not perforated but Mr. Kruger-It is two inch pressurized main pipe, Tim, it is all sealed. It has to be Councilman Brewer-It is not a thick wall pipe or anything it is just Mr. Kruger-It has to be inspected by the Town Building Department anyway. Supervisor Brower-I almost hesitate to ask you what you think of the UV Purification System. Mr. Kruger-I think UV Purification system is a wonderful idea. Supervisor Brower-You are not planning on using one? Mr. Kruger-No. Supervisor Brower-Further questions of the applicant at this point, ok hearing none, Dave any further input? Director Hatin-no Supervisor Brower-In that case I would like to open up the public hearing at this time and ask any members of the public that would like to come forward and talk regarding this application to do so now. I do not see anybody. Ok. Any letters regarding this? Town Clerk Dougher-No. Supervisor Brower-None Well I guess we will close the public hearing portion of this application and ask Board Members for comment or questions. Councilman Boor-Nice weather. Councilman Brewer-I guess I do not have a problem with it I just think I am hung up a little bit on the leach field line, how do you ever know if that break? Just out of curiosity you don't? Mr. Kruger-The pump line, that stuff is SDR 35 and it's the same thing that you would use for a commercial septic system. Councilman Brewer-No, I understand that but suppose a cement truck drove over it crushed it would you lose pressure or anything on the pump would it be able to pump or somehow would you know that it was broke I guess is my question? Councilman Turner-It would get wet somewhere. Director Hatin-In my fourteen years of experience generally we would get a call when it comes to the surface and that is how we will know. Mr. Kruger-Dennis I cannot top that one so please don't go there. Councilman Boor-Just as an aside what is the typical pressure in those PSI wise that is a big line so you don't run a whole is it twenty pounds or more than that? Mr. Kruger-No, it is very low pressure all it basically doing is just circulating the water. Councilman Boor-So that is the other thing there is hardly any pressure its Supervisor Brower-Was there contamination in the well previously? Mr. Kruger-No, Sir. We have had it tested but it, by the water department. Supervisor Brower-Ok, I do not have any more questions, any other board members? None RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF DONALD KRUGER RESOLUTION NO.: 21,2002 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Donald Kruger 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 installation of a: 1. septic tank 30' from the well in lieu of the required 50' setback; 2. septic pump station 35' from the well in lieu of the required 50' setback; and 3. 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, 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 15th, 2002, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been du1y notified, NOW, THEREFORE, BE IT RESOLVED, that a) 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) 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 Donald Kruger's application for variances from the Sewage Disposal Ordinance to allow installation of a: 4. septic tank 30' from the well in lieu of the required 50' setback; 5. septic pump station 35' from the well in lieu of the required 50' setback; and 6. 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 and bearing Tax Map No.: 45-3-31. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 22.2002 BOH 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 as the Queensbury Board of Health. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec REGULAR SESSION 2.0 PUBLIC HEARINGS 2.1 Proposed Local Law-To Amend Queensbury Town Code Chapter Al83 "Subdivision of Land" NOTICE SHOWN Supervisor Brower-Come on forward Mike ...would you go over this a little bit for the benefit of the public that is present? Deputy Director of Wastewater Mike Shaw-Sure. This amendment to Subdivision Regulations is for dedication of infrastructure in years past it has been pretty cumbersome when it comes to tie in the developers to dedicate infrastructure to the Town. It is confusing on their part, confusing on our part and not a very good time fashion to it. So, what we have done with the document here is to try to set time frames and guidelines for the developer that wants to dedicate the infrastructure to the Town. Mainly what we have done here is set a time factor that at least twenty one days prior to Town Board action they would have a set criteria that would start an inspection process for all the water, highway, and storm and wastewater. Within ten days of that we would expect that a punch list would be generated by the Town to have remaining list of problems rendered and taken care of. At seven days prior to the Town Board action the Town Attorney would be acquiring a list of documents that he would need to preparethe resolution for the Town Board to act on. Like I said in the past there has never been any time frame for this type of thing and we are hoping that this will get the developer a little more direction and certainly the Town more time to start the process and have it in a more timely fashion. There is one section in here also that in the past the Town has accepted letters of credit, in the future with this document here the Town if there are un remain items left on the punch list that were not addressed at the time of dedication they would have a cashiers check deposited, put on deposit in an escrow with the Town of Queensbury for the amount of those remaining items as those items are addressed they would reimbursed. That is mainly what this document is. There is in the back of this document a check list that would help the developers guide through certain processes what we expect to see. The check list are dedicate the infrastructure broken down into four different categories here prior to connection, r prior to commencing construction there are some bullets underneath there several bullets doing construction there are several bullets that the contractor would have to be working on. Upon completion there are a couple of bullets there and prior to Town Acceptance there are some bullets under there. Basically gives the guidelines to the developer of how to go ahead and have dedicated infrastructure during a timely fashion. Supervisor Brower-Thank you Mike, any questions of Mike by the Board Members at this time? Councilman Boor-Have you run it by anybody, any contractor or is this? Deputy Shaw-No we have not. I have not heard much Councilman Boor-I truly believe that is will be easy for them to Deputy Shaw-I certainly think so, here on there end you know you have certain time dates to meet they are just going to work back from that and meet those time dates. What has happened in the past all of a sudden they decide they want to put a house up on their new development and like on a Wednesday they come to Counsel and want resolution prepared so they can have the dedication happen that Monday night and they have all these inspections and things that were not done. Councilman Boor-So after the first time they will know. Deputy Shaw-I think it will be a much timely fashion to it. There was confusion in their end too actually we had a couple of larger developments that ran into a confusion and last minute problems with that hopefully that will take care of that. Supervisor Brower-This policy was developed jointly between Highway, Water and Sewer really right. Deputy Shaw-Basically this policy started at a Department Managers Meeting I brought it forth as a discussion item and after that a subcommittee formed basically of water, sewer, highway, community development and accounting Henry Hess and we had a couple of different meetings a couple of different documents prepared Bob Hafner helped us prepare the document and now we are before the board to have action on it. Supervisor Brower-Thank you Mike. At this time I would like to open the public hearing and ask any member of the public if they have any comment on the, Yes, Mr. Salvador. Mr. John Salvador-One of the infrastructure items discussed at length in here deals with highways and roads and streets. It looks like the way this is written that frequently you are deferring to your Highway Superintendent for determination as to how things are going to be done. The New York State Department of Transportation publishes a document called a Highway Design manual and it covers all sorts of roads and streets and pathways and superhighways and what have you in the State of New York. The three volumes stand that deep and they issue regularly amendments as they revise these documents. A licensed engineer that puts his stamp on a road design in the State of New York has to refer to these documents, why can't we? We do not have to this is the bible, as the bible is changed it becomes the bible. All you have to do is refer to it. We do not have to write our own specifications somebody has taken care of it for us. Supervisor Brower-But these are subdivision in the Town of Queensbury they are not necessarily public highways that DOT would normally govern. Mr. Salvador-The Town roads in this Town are under the jurisdiction design wish of the New York State Department of Transportations, it says so in this manual. It covers everything from sidewalks to pathways to trails to roads to lanes to superhighways, state highways, county highways all the data is there, the design criteria is there. You do not have to reinvent the wheel is what I am saying. Comptroller Henry Hess-Let me make a comment and maybe I am misunderstanding. I do not think that the subdivision regu1ations really redefines what John is referring to, I think it sets a time line so that we can administer that and I think it leaves the determination to the Highway Superintendent whether those guidelines that John referring to have been met but I do not think that there is anything in this subdivision regulation that contradicts what John is saying. Mr. Salvador-Section I Signing 3. Street signs shall conform to the Town Highway Departments specifications. The Street Sign specification are spelled out in the design manuals. Councilman Boor-We may have stricter Mr. Salvador-You can't. Councilman Brewer-What difference does it make? Deputy Shaw-It is hard for me to speak for highway because highway should speak for themselves, but as far as wastewater goes there are State guidelines and quite often we refer to the State guidelines on design and so on and so forth, but the Town also has different guidelines they have to be at least State guidelines or stricter. Quite often we have reasons why they are stricter and to tell you the truth with wastewater we find that the State guidelines their guidelines were made many years ago and lots of times they do not keep up with the changes and lots of times we want to keep up with changes so we change our guidelines. Councilman Brewer-We have to apply our law to State Law Councilman Boor-We can pass a more stringent, right, I think I am correct on that. Deputy Shaw-Right they have to be at least as stringent as the State. Mr. Salvador-It begs the question why should you? Councilman Boor-Well, because there may be a unique situation in Queensbury. Mr. Salvador-Unique situations can be taken care of on a case to case basis they do not have to be handled on a broad-brush basis. Is there a presumption that your more stringent specifications is going to be more costly and if so why? Councilman Boor-I do not know if that is even germane to this what we are talking about here. Mr. Salvador-What I am saying is, there is in existence and there is maintained by the New York State Department of Transportation a design manual. Town Counsel Hafner-Roger would you like me to try to respond a little bit? I think to a large extent what he is keying on for some reason if that when we put this together certain people in the Town it is their job to make sure that it meets whatever specifications are appropriate. For many of the highway things State Law says that is a highway superintendent for the wastewater that is Mike and Ralph all this does is says those are the people here at the Town who make those determinations on behalf of the Town. I do not see that it adds any, any added complication that is the Highway Superintendents job to make that determination. Supervisor Brower-I would like to ask if there is any further comment during this public hearing would anyone else care to address the Board regarding the new subdivision regu1ation? Mr. Salvador Mr. John Salvador-One only other thing your Highway Superintendent is not a licensed professional engineer that is qualified to interpret and to ... if you are going to work with those design manuals you better have a license... Supervisor Brower-Thank you. Ok. No one else has some further comments I will close this portion of the public hearing. 8:35 P.M. ask if there is any further comments from Board Members prior to... Introduced by Councilman Brewer, seconded by Councilman Turner, further discussion. The one thing I like about this particular subdivision is that developers are clear as to what the time frame is and the requirements of achieving approval of their subdivision roads and before they start their subdivision it should be clear to them that there is a certain amount of approval process and a certain time frame that is going to be required in order to get those approved and hopefully they will provide, they will plan for enough approval in their construction to enable the road to be accepted prior to the winter season which is typically what they are worried about. In the fall of the previous years we have had developers come in right at the last minute, granted they do not want to have to plow the subdivision roadall winter long themselves or be responsible for it so they will try to put the burden on the town to rush an approval and this should make it clear to our developers in the Town of Queensbury that we do have expectations of them and hopefully they will follow that. So, with that I have a motion and a second and I would like to call for the vote. RESOLUTION ENACTING LOCAL LAW NO.2 F 2002 TO AMEND QUEENSBURY TOWN CODE CHAPTER Al83 "SUBDIVISION OF LAND" RESOLUTION NO. 185.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 2 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 duly held a public hearing on April 15th, 2002 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby enacts Local Law No.: 2 of 2002 to amend Queensbury Town Code Chapter Al83 entitled "Subdivision of Land" 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. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec A LOCAL LAW TO AMEND CHAPTER Al83 "SUBDIVISION OF LAND" OF QUEENSBURY TOWN CODE Be it Enacted by the Town Board of the Town of Queensbury as Follows: SECTION 1. Section A183-15 of Chapter Al83 of the Queensbury Town Code entitled "Requirements," is hereby amended by adding new subsection (C)(3) as follows: C. Signing. (I) Street signs shall be installed as soon after beginning of construction of the road as possible to ensure proper inspection and for identification by emergency vehicles, especially fire trucks and ambulances. (2) Prior to constructing any buildings, each lot shall have posted, visible from the public road, the lot and block number to ensure proper inspection and identification for emergency vehicles, especially fire trucks and ambulances. (3) Street signs shall conform to Town Highway Department specifications and must be approved by the Highway Department prior to purchase. SECTION 2. Section AI83-15(D) of Chapter Al83 of the Queensbury Town Code is hereby amended as follows: D. Review by Town officials. The Director of Building and Code Enforcement shall act as agent to the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. Each phase of road construction, including but not limited to water, sewer and drainage, must be inspected by the appropriate department and each phase must be inspected and approved by the appropriate department head before commencement of any subsequent phases. At least one (1) day's notice must be provided prior to inspection. The applicant shall pay the Town's costs of inspection before the subdivision plat is signed for filing as set forth in fee schedules determined by the department head and authorized and approved by the Town Board. The department head is authorized to contract for professional inspections and shall be reimbursed by applicant. All payments must be made prior to the Town Board's consideration o dedication. If the Planning Board or the Zoning Administrator finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Board recommendations or the approved construction plans or details, the applicant and the bonding company, if any, will be severally and jointly liable for the costs of completing such improvements according to specifications. SECTION 3. Section AI83-15(F)(1) of Chapter Al83 of the Queensbury Town Code is hereby amended as follows: (1) Within thirty (30) days after completion of construction set forth in the plans and specifications for the plat, and not less than twenty-one (21) days prior to submission to the Town Board for acceptance of dedication, the professionals designing the same shall furnish to the Planning Board a certification to the Town of Queensbury that the construction, installation and/or work was performed in accordance with the plans or specifications approved by the Planning Board. SECTION 4. Section AI83-15(F)(3) of Chapter Al83 of the Queensbury Town Code is hereby deleted. SECTION 5. Section AI83-15(I) of Chapter Al83 of the Queensbury Town Code is hereby amended as follows: I. Record drawings. Prior to release of any funds in escrow or moneys or commitments held by the Town to the subdivider, approved record drawings conforming to construction records shall be submitted to the Town Planning Office. Such drawings shall be reviewed, approved and signed-off by the Highway Department (drainage), Water Department (for water) Wastewater Department (for sewer) and the Zoning Administrator. SECTION 6. Section A183-16 of Chapter Al83 of the Queensbury Town Code entitled "Procedures," is hereby amended at Section A as follows: A. Preconstruction conference. Once the subdivision plat has been filed and prior to any clearing, demolition or excavation on the subdivision site, the subdivider or his authorized agent shall meet with the Town officials to discuss Town requirements, scheduling, inspection procedures and other issues pertinent to the construction phase of the subdivision as set forth in this Article. The Director of Building and Code Enforcement (or Zoning Administrator) shall coordinate such pre-construction conferences. SECTION 7. Section AI83-16(C) of Chapter Al83 of the Queensbury Town Code is hereby amended and subsections renumbered as follows: C. Public streets, sanitary sewer infrastructure, parks and recreation uses. (I) Public acceptance of streets. The approval by the Planning Board of a subdivision plat shall not constitute an acceptance by the Town of a street or road in accordance with Article VIII, Design Standards, and other Town standards related to the construction of roads and highways. Before the Town accepts the street or road, the Town Highway Superintendent shall review such road or street and make recommendations to the Town Board for acceptance. (2) Public acceptance of sanitary sewer infrastructure. The approval by the Planning Board of a subdivision plat shall not constitute an acceptance by the Town of sanitary sewer infrastructure in accordance with Article VIII, Design Standards, and other town standards related to the construction of sanitary sewer infrastructure. Before the Town accepts the sanitary sewer infrastructure, the Town Wastewater Superintendent shall review such infrastructure and make recommendations to the Town Board for acceptance. (3) Ownership and maintenance of parks and recreation areas. When a park, playground or other recreation area or open space shall have been shown on a plat, the approval of the plat shall not constitute an acceptance by the town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a declaration of dedication for any such area which shall dedicate that area for the common use approved by the Town Board, which declaration shall be recorded in the Warren County Clerk's office at the developer's expense. Such common area shall be assessed from the time of filing of the approved subdivision plat to all parcels in the plat benefiting therefrom. (4) Title insurance and fees. A title insurance policy shall be required for all lands to be dedicated to the Town. The subdivider shall be required to pay any and all deed recording fees and taxes required for the transfer of property. (5) See Article VII, Public Streets, Sanitary Sewer Infrastructure, Parks, Open Spaces and Natural Features, for requirements and procedures in making an offer of dedication of required improvements. SECTION 8. Article VII of Chapter Al83 of the Queensbury Town Code presently entitled "Public Streets, Parks, Open Spaces and Natural Features," is hereby amended as follows: ARTICLE VII. Public Streets, Sanitary Sewer Infrastructure, Parks, Open Spaces and Natural Features SECTION 9. Section AI83-17 of Chapter Al83 of the Queensbury Town Code entitled "Streets" is hereby amended and subsections renumbered as follows: ~ AI83-17. Streets. A. The Zoning Ordinance of the Town of Queensbury provides that no building permit shall be issued for any lot or parcel of land that does not front on town-accepted roadway. The Town Board shall not accept any roadway shown on an approved subdivision plat except when the same is built per the specifications, as determined by the Highway Superintendent. However, where the subdivider has constructed a roadway, including the binder, per the specifications hereof, except for application of surfacing materials, the Town Board may accept the offer of dedication if the subdivider files with the Town Comptroller a cashier's check covering the cost of satisfactorily completing construction of the subject road along with an Escrow Agreement in a form acceptable to the Town. Such cashier's check shall be deposited by the Town Fiscal Officer in an interest bearing account. Notwithstanding the above, in extraordinary circumstances, upon the recommendation of the Town Comptroller and Town Board approval, a letter of cedit may be used. B. The Town Board shall, in considering an offer of dedication of roadway, have the right to reject the same if all other municipal improvements concerning the lots fronting on said roadway are not also complete or also for reasons of public safety. C. In making an offer of dedication of a roadway, the subdivider shall submit the following documents to Town Counsel not less than seven (7) days prior to the meeting of the Town Board at which such offer is to be considered: (1) A policy of title insurance acceptable to Town Counsel insuring the fee interest of such roadway to the Town of Queensbury in an amount not less than thirty-five thousand dollars ($35,000) as determined by the Highway Superintendent. (2) A copy of a survey of the proposed roadway certified to the Town of Queensbury by the professional preparing the same. (3) Continued tax search of the subject premises. (4) Written review of the Highway Superintendent. (5) Written review of the Water Superintendent. (6) Written review of the Deputy Director of Wastewater, if applicable. (7) Written review of the Zoning Administrator. (8) If the grantee is a corporation, a franchise tax search or report, certificate of good standing and corporate Resolution authorizing the road dedication. (9) Completed Environmental Assessment Form, if necessary. (10) Completed real property forms - Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate (TP-584) and Real Property Transfer Report (RP- 5 217). (11) Releases, if necessary, from mortgages, encumbrances, etc. and/or other documentation deemed necessary by Town Counsel, to protect the town's title to the property. (12)Original, fully executed Deed. The subdivider shall record the Deed and any other related documents with the Warren County Clerk and pay all associated recording and title insurance fees. (13) If surfacing material has not been applied, then (i) a cashier's check, in an amount recommended by the Town Highway Superintendent, to cover the cost of satisfactorily completing construction of such roadway, (ii) a signed Escrow Agreement and (iii) an affidavit signed by the subdivider agreeing to complete surfacing of the roadway by a particular date within two (2) years of acceptance of the dedication or after the base course has been installed and at least two-thirds (2/3) of the lots in the subdivision or phase are built upon, whichever is earlier. Said subdivider shall bear the expense of any paving cost overruns if the cashier's check on deposit with the Town, with accrued interest, is insufficient. If any amount of money remains after surfacing is satisfactorily completed, the Town shall refund such money, plus accrued interest, to the subdivider. (14) Such other documents as may be requested by the Town Highway Superintendent. D. No offer of dedication of a roadway shall be considered by the Town Board until the entire area to be dedicated to the Town is clear of any and all construction material, fill, equipment and other obstructions. No items whatsoever may be placed within the area dedicated to the Town following acceptance of such dedication. E. In making an offer of dedication of sanitary sewer infrastructure, the subdivider shall submit the following documents to the Town Deputy Director of Wastewater not less than twenty-one (21) days prior to the meeting of the Town Board at which such dedication is to be considered: (1) A copy of the engineer-certified sewer main air test. (2) A copy of all videotapes and field logs of the CCTV internal pipe inspections. (3) Set of "As-Built Plans" with pipe profiles, lateral ties, manhole inverts, manhole pipe "in" and "out" inverts, easements, etc., certified by a New York State licensed engineer. (4) Set of pump station equipment manuals. (5) Signed easements and/or deeds for all sanitary sewer infrastructure along with proof of title acceptable to Town Counsel. (These must also be submitted to Town Counsel at such time). (6) Such other documents as may be requested by the Town Deputy Director of Wastewater. Once this information is received, the Wastewater Department will schedu1e a site inspection. All "punch list" items must be addressed at least ten (10) days prior to the Town Board meeting at which the dedication will be considered. SECTION 10. Article VIII of Chapter Al83 of the Queensbury Town Code entitled "Introduction," Section A183-23 entitled "Layout of streets and roads" is hereby amended by adding a new subsection (M) as follows: M. Road Surfacing. Surfacing materials must be applied in the following manner: (1) Type 3 Binder coat may be applied only when the ground surface is at least 40 degrees. (2) Type 6 Top Coat may not be applied after October 20th. These requirements may be waived if, in the sole determination of the Town Highway Superintendent, unusual weather conditions make such requirements unnecessary. SECTION 11. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 12. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local law are hereby repealed. SECTION 13. This Local Law shall take effect upon publication as required by Section 265 of the New York State Town Law and filing in the office of the New York State Secretary of State. 3.0 CORREPONDENCE 3.1 Landfill Report January 2, 2002 through March 30, 2002 3.2 Ltr. Mohican Grange April 15, 2002 The Town Board Town of Queensbury Queensbury Town Hall 742 Bay Road Queensbury, New York 12804 Attention: Queensbury Town Clerk Gentlemen: At a meeting on April II, 2002 members of Mohican Grange unanimously approved the following resolution: "Mohican Grange is opposed to the Town Board of the Town of Queensbury ceding to the City of Glens Falls that part of the Town of Queensbury known as Veteran's Field. This area is not contiguous to the City of Glens Falls. The Town Board seems to be using some very creative methods to attempt to make this "legally" possible. We expect our elected officials to follow both the spirit and the letter of the law and not to establish a dangerous precedent. " Yours truly Isl Bertha LaVigne 4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 5.0 OPEN FORUM 8:40 PM Mr. Pliney Tucker-41 Division Rd. Questioned the announcement of the meeting. Town Clerk Dougher-Noted that the meeting dates and times were given to the press. Mr. Pliney Tucker-Re: Property above water plant questioned the status? Town Counsel Hafner-Noted that we are still waiting for the Perk approval... Mr. Tucker-requested that the Supervisor speak to Mike O'Connor and see what is going on. RE: Meeting with City of Glens Falls over water deal questioned who was at the meeting? Councilman Boor-Noted he did not know that meeting was taking place. Mr. Tucker-Questioned if it was the Board's intention of having private meetings with the Republican Chairman and realtors interested in making a buck on the land on Peggy Ann Road? Supervisor Brower-I did not call the meeting and I did not attend the meeting Mr. Tucker, noted Henry Hess advised me he was invited and asked if I had a problem with him attending I said absolutely not go ahead and attend, Councilman Stec attended ...1 was invited by Bob Sears who is a realtor. My opinion personally we have offered a very fair deal to the city as far as the cost of water goes it is the same deal we have offered other municipalities in the region and our current customers with the town, as far as I know the offer stands if they want to take advantage of it. Comptroller Hess-Noted there has been two meetings held and there will be another one, they are not negotiation meetings there is only one person from the Common Council of Glens Falls that attended, it is really a group of interested citizens that express the concern that the Common Council and Water and Sewer Board haven't looked fairly at looking at that costs of building their own plant. That they have underestimated the cost, that if they looked at all the costs that maybe purchasing water from Queensbury might be financially advantageous and possibly open up the water shed property. Mr. Tucker-Re: Division Road.. entrance to park? Councilman Brewer-Director Hansen showed me a proposed map it shows the entrance to the park going in a Division Road, the road that you and I talked about access is there it was conveyed. Mr. Tucker-Noted most of the people on my street are willing to have Division Road used for entrance to the park the other people who want to access the church can used Ogden Road. Councilman Brewer-Their intention is to have the entrance to the Church property on Ogden. Mr. Tucker-Noted the people want the road closed...dead-ended, block off so cars cannot get onto Division from Ogden... Councilman Brewer-The anticipation of the Town receiving that land that will become Town property whether there is ever going to be a road there I cannot answer. Town Historian Marilyn VanDyke-Thanked the Town Board for being able to attend the Assoc. of Public Historians of New York State conferences Spring and Fall. Noted there are 1650 public historians in the State now under one professional organization. Re: Res. 6.14 requested that the Town Board support this proposal... Noted that the State has not reappointed the Senior Historian of New York State, this position has been by law since 1895 requested the Board talk to the local representatives about this appointment. Mr. John Salvador-Spoke about public benefit corporation noting that they are not subject to F.O.I.L. questioned how will the corporation pay it's way? ... requested that the Board adopt resolution 6.14 RE: Financing of Trash Plant - asked that the County pick up the guarantees for equipment etc. after Foster Wheeler leaves... noted refinancing does not say money... RE: Tyco Co. is the holding company for Earth Tech... Re: Library RFP for site selection requested a copy of it. Re: Lake George Park Commission looking for 50% increase in fees I maintain that if the fees are increased that the money should go where it is supposed to go the Lake George Park Trust Fund... Supervisor Brower-Asked for further comments, hearing none the open forum was closed. 6.0 RESOLUTIONS RESOLUTION APPOINTING STEVEN SMITH AS FIRE MARSHAL ON PROVISIONAL BASIS RESOLUTION NO. 186, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Fire Marshal submitted his resignation effective February 22nd, 2002, and WHEREAS, by Resolution No.: 122, 2002 the Town Board authorized the appointment of Deputy Fire Marshal, Steven Smith, as Acting Fire Marshal until such time as the Fire Marshal position could be filled, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the provisional appointment of current Acting Fire Marshal Steven Smith to the position of Fire Marshal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Smith to the position of Fire Marshal effective April 16th, 2002 on a provisional basis until such time as Mr. Smith either passes the Civil Service exam for the Fire Marshal position or the exam requirement is waived by the Warren County and/or the New York State Department(s) of Civil Service, and BE IT FURTHER, RESOLVED, that the probationary period for this provisional appointment shall be served concurrently with the probationary period Mr. Smith is currently serving for the Deputy Fire Marshal position, such probationary period to expire July 14th, 2002, and BE IT FURTHER, RESOLVED, that upon successful completion or waiver of the Civil Service Exam for the Fire Marshal position, Mr. Smith shall be subject to an eight week probation period for the permanent Fire Marshal position, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid a salary of $32,500 per annum to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec Discussion held after resolution: Supervisor Brower-This evening it is my great pleasure Steve Smith is here who is now our Fire Marshal along with his wife Nancy and Caitlin. I would like to congratu1ate you. I would like to acknowledge the fact that Steve has done a marvelous job as Deputy Fire Marshal prior to his appointment this evening he has also agreed to accept the Safety Officer Position with the Town working with the safety committee to increase awareness of safety throughout the Town and I could not be more pleased for you Steve and your family and I know that you will do a terrific job. Good Luck and God Bless you and Thank you for coming this evening. RESOLUTION APPROVING YEAR 2001 SERVICE AWARD PROGRAM RECORDS FOR NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 187,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Fire Companies Service A ward Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Fire Company's Year 2001 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the North Queensbury Volunteer Fire Company, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2001 Volunteer Fire Company Service Award Program Records for the North Queensbury Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION APPROVING YEAR 2001 VOLUNTEER AMBULANCE WORKER SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 188,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Ambulance Workers Service Award Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Emergency Squad's Year 200 I Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the West Glens Falls Emergency Squad, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2001 Volunteer Ambulance Worker Service Award Program Records for the West Glens Falls Emergency Squad, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING ALONZO FIREWORKS DISPLAY, INC., ON BEHALF OF STILL WATER HIGH SCHOOL, TO CONDUCT FIREWORKS DISPLAY AT HILAND GOLF CLUB RESOLUTION NO.: 189,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Stillwater High School, has requested permission to conduct a fireworks display as follows: SPONSOR: Stillwater High School PLACE: Hiland Golf Club DATE: Friday, May 17th, 2002 TIME: 10:45 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of Stillwater High School, subject to the following conditions: I. An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Bay Ridge Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 0 in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING YOUNG EXPLOSIVES CORP., ON BEHALF OF ADIRONDACK COMMUNITY COLLEGE, TO CONDUCT FIREWORKS DISPLAY AT ADIRONDACK COMMUNITY COLLEGE RESOLUTION NO.: 190.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Young Explosives Corporation, on behalf of Adirondack Community College, has requested permission to conduct a fireworks display as follows: SPONSOR: Adirondack Community College PLACE: Adirondack Community College Campus DATE: Saturday, May 4th, 2002 TIME: 8:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Young Explosives Corporation, on behalf of Adirondack Community College, subject to the following conditions: 2. An application for permit be filed which sets forth: H. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. I. The date and time of day at which the display is to be held. 1. The exact location planned for the display. K. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. L. The number and kind of fireworks to be discharged. M. The manner and place of storage of such fireworks prior to the display. N. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 3. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 5. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc., 6. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed 0 in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING MARCH OF DIMES WALK AMERICA WALK-A-THON RESOLUTION NO. 191. 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the March of Dimes Birth Defects Foundation has requested permission to conduct its annual walk-a-thon, Walk America, as follows: SPONSOR: March of Dimes Birth Defects Foundation EVENT: WALK AMERICA WALK-A-THON DATE: Sunday, April 28th, 2002 PLACE: Beginning and ending at Adirondack Community College (Letter and map regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the March of Dimes Birth Defects Foundation to conduct its annual walk-a-thon, Walk America, partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO. 192, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR Adirondack Nautilus, Ltd. EVENT 5K RACE (RUN/W ALK) DATE: Saturday, May 18th, 2002, 9:00 a.rn. and Saturday, August 10th, 2002,9:00 a.rn. PLACE Beginning at Queensbury Racquet Clubl Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 193,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 18th and August 10th, 2002 for the conducting of its Open House and Annual 5K Races, and WHEREAS, Adirondack Nautilus, Ltd., has provided a Certificate of Liability Insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 18th and August 10th, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town' Facilities Manager after each event. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING HIRING OF TEMPORARY PART-TIME DATA COLLECTOR RESOLUTION NO.: 194.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Comptroller's Office is implementing the Governmental Accounting Standards Board 34 (GASB 34) accounting and reporting requirements, and WHEREAS, the Town Highway Superintendent needs to compile infrastructure records to comply with these new accounting and reporting requirements and has therefore requested Town Board authorization to hire a temporary, part-time Data Collector to work from approximately May 1st, 2002 through November 1st, 2002, to locate and describe drainage systems within the Town of Queensbury, and WHEREAS, the Highway Superintendent has recommended that the Town Board appoint former Highway Department Foreman William Hughes to this position as Mr. Hughes has extensive knowledge of drainage and catch basin systems installed in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of William Hughes as a part -time, temporary Data Collector at the rate of $13.19 per hour to work a maximum of 750 hours from approximately May 1st, 2002 through November 1st, 2002, and BE IT FURTHER, RESOLVED, that the salary for Mr. Hughes shall be paid for from the appropriate Highway Department payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent, Town Comptroller's Office and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec Discussion held before vote: Comptroller Hess-In the process of putting together our accounting records General Accounting Standards Board is requiring us before the year 2003 to change the way we account for infrastructure and fixed assets we need to get an inventory of all the fixed assets, in terms of inventory of infrastructure. Mike has a good inventory in wastewater, Ralph has a good one in water, Rick has a good one in Highways but he doesn't in drainage. Rick wants to hire a fellow who worked for his department for a number of years who put in most of the drainage and they just never inventoried it as they put it in so they would like to hire him for a period of time to go out and do an inventory of them because he can find them the quickest. Put together an inventory so that we can account for them properly and pin point locations for the GIS System. Councilman Boor-Noted 750 hours is a lot oftime...discussion held regarding usage of a system from Warren County or rent one.. Councilman Brewer-reuested that more details be obtained from the Highway Dept. RESOLUTION AUTHORIZING PURCHASE OF BROOM FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 195,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 8' broom to be attached to a loader in his Department, from Artco Equipment for the amount of $6,695, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) 8' broom from Artco Equipment for an amount not to exceed $6,695 to be paid for from the Heavy Equipment Account 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 196,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as follows: TOWN CLERK/COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8020-4720 (Planning Consu1tant Fund) 01-1410-4420 (Town Clerk-Codification) $ 5,000. 01-1990-4400 (Contingency) 01-1410-4420 (Town Clerk-Codification) $ 5,350. Duly adopted this 15th day of April, 2002, by the following vote: NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Clerk to execute the License Issuing Agent Agreement between the Town of Queensbury and the New York State Department of Environmental Conservation in form acceptable to the Town Clerk, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a signed Agreement to the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Town Supervisor to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING LICENSE ISSUING AGENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 197.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the New York State Department of Environmental Conservation (DEC) is authorized by Environmental Conservation Law Section 11-0713 to appoint agents to issue New York State hunting and fishing licenses, and WHEREAS, DEC has forwarded to the Queensbury Town Clerk a License Issuing Agent Agreement to facilitate DEC's automated licensing system at the Queensbury Town Clerk's Office, such system to be implemented in July, 2002, and WHEREAS, a copy of such Agreement is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Clerk to execute the License Issuing Agent Agreement between the Town of Queensbury and the New York State Department of Environmental Conservation in form acceptable to the Town Clerk, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a signed Agreement to the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Town Supervisor to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec Discussion held before vote: Town Clerk Dougher-announced that the attached contract has been changed by the Town Clerk's Association Attorney requested that the Town Board amend the resolution giving the Town Clerk permission to sign the agreement when redrafted...noted minor changes were to be made....Board agreed and passed the resolution as amended... RESOLUTION AUTHORIZING TOWN CLERK TO OPEN AND MAINTAIN BANK ACCOUNT FOR ELECTRONIC FUND TRANSFERS IN CONNECTION WITH LICENSE ISSUING AGENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 198.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by previous Resolution, the Queensbury Town Board authorized a License Issuing Agent Agreement between the Town and the New York State Department of Environmental Conservation (DEC), and WHEREAS, in order to facilitate the Agreement, it will be necessary for the Queensbury Town Clerk to open and maintain a bank account for electronic fund transfers between the Town Clerk's Office and DEC, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Clerk to open and maintain a bank account for electronic fund transfers between the Town Clerk's Office and the New York State Department of Environmental Conservation as referenced in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to complete any necessary documentation to open and maintain such account and authorizes and directs the Town Clerk and/or Town Supervisor to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION OPPOSING PROPOSAL TO REMOVE THE STATE ARCHIVES FROM THE NEW YORK STATE OFFICE OF EDUCATION DEPARTMENT'S OVERSIGHT RESOLUTION NO.: 199,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the current 2002 New York State Budget proposal removes oversight of the State Archives, State Library, State Museum and the State Office for Public Broadcasting from the New York State Education Department and transfers these functions to a newly formed Institute for Cultural Education, and WHEREAS, the Queensbury Town Clerk, Town Comptroller and Town Historian have advised the Town Board that they feel such a transfer will disrupt the operation of these functions, and WHEREAS, the Town of Queensbury has found the Office of State Archives, under the jurisdiction of the New York State Education Department, to be highly supportive of the Town's records management function both in terms of administrative support and grant funding for special projects, and WHEREAS, the proposed 2002 budget's proposed realignment of State Archives includes no justification for the operational and financial implications and consequences of removing State Archives from the jurisdiction of the State Education Department, NOW, THEREFORE, BE IT RESOLVED, that upon the recommendations of the Queensbury Town Clerk, Town Comptroller and Town Historian, the Queensbury Town Board hereby expresses its opposition to the current 2002 proposed New York State budget's proposal to remove oversight of the State Archives, State Library, State Museum and the State Office for Public Broadcasting from the New York State Education Department and transfer these functions to a newly formed Institute for Cultural Education, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward to Governor George Pataki, the New York State Legislature and any other parties deemed appropriate, a certified copy of this Resolution together with a letter urging all parties to similarly oppose this proposal. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION APPROVING ESTABLISHMENT OF TWO 4-BED INDIVIDUALIZED RESIDENTIAL ALTERNATIVES FOR DEVELOPMENTALLY DISABLED PERSONS ON DIXON ROAD, QUEENSBURY RESOLUTION NO.: 200.2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with New York State Mental Hygiene Law ~41.34(c)(1), the Prospect Child and Family Center (Prospect) has notified the Town of Queensbury that it wishes to build a duplex home on Dixon Road in Queensbury to establish two 4-bed Individualized Residential Alternatives (IRA's) to serve eight developmentally disabled persons, and WHEREAS, in accordance with NYS Mental Hygiene Law ~41.34(c)(1), the Town has forty days after receipt of notification to respond to Prospect's request, and WHEREAS, the Town Board wishes to work together with Prospect to create residential opportunities to allow people with developmental disabilities the opportunity to reside in normal community settings, close to their families and friends, while allowing normal, life-enriching experiences, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Prospect Child and Family Center's request to establish two 4-bed Individualized Residential Alternatives (IRA's) on a 4.57 acre site located on the west side of Dixon Road, Queensbury, such IRA's to be community-based, 24-hour on-site supervised programs staffed by trained counselors providing habilitation services and supervision to eight developmentally disabled residents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to Prospect and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY HOME DEPOT U.S.A., INC. FROM SFR-IA (SINGLE FAMILY RESIDENTIAL - ONE ACRE) TO HIGHWAY COMMERCIAL INTENSTIVE (HC-INT) RESOLUTION NO.: 201,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering a request by Home Depot U.S.A., Inc. to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 72-7-3 located on Montray Road, Queensbury from SFR-IA (Single Family Residential- One Acre) to PC-IA (Plaza Commercial - One Acre), and WHEREAS, on or about January 14th, 2002, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and WHEREAS, on or about February 26th, 2002, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about February 13th, 2002, the Warren County Planning Board considered the proposed rezoning and made a recommendation of "No County Impact," and WHEREAS, since the time the application was filed and subsequent recommendations rendered, the Town Board adopted its new Zoning Ordinance which changed the name of the Plaza Commercial- One Acre (PC-IA) zone to the Highway Commercial Intensive (HC-Int) zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, May 6th, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Home Depot U.S.A., Inc. bearing Tax Map No.: 72-7-3 located on Montray Road, Queensbury would be rezoned from SFR-IA (Single Family Residential- One Acre) to HC-Int (Highway Commercial Intensive), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION CONCERNING PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY BENY AMINI ENTERPRISES, INC. RESOLUTION NO. 202. 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 92,2002, the Queensbury Town Board authorized the Town Clerk to forward a rezoning application submitted by Benyamini Enterprises, Inc. to the Town Planning Department and Board for recommendation and at that time, the Town Board also indicated its wish to be Lead Agency for SEQRA review of the project, and WHEREAS, the Executive Director of Community Development has advised the Town Board that Benyamini Enterprises, Inc., has revised its rezoning proposal to include a site plan review for a specific commercial development, a Target store, on the three properties located on the east side of Everts Avenue, Queensbury, and WHEREAS, the Town Board wishes to therefore consent to the Planning Board acting as Lead Agency for this project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of the revised rezoning proposal submitted by Benyamini Enterprises, Inc., for site plan review for a specific commercial development, a Target store, and authorizes and directs the Department of Community Development to notify any other involved agencies. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec Discussion held before vote: Councilman Boor-Is this segmenting SEQRA if we do this or is that a potential? Unknown-The opposite Town Counsel Hafner-The reason why we are doing this under SEQRA both the Planning Board and the Town Board are involved agencies and either one could seek lead agency status. The Town Board of Queensbury in the past has put forward a resolution and I guess the Planning Board has also that said in situations like this where both have reasons why they are involved agencies that the Planning Board would end up being that, the Town Board would accept the Planning Board being the lead agency. That is all that this is under State Law either of you could have made that decision and the Town Board has agreed in the past. RESOLUTION AUTHORIZING HIRING OF COLBY GARB AND JOSH LOPEZ AS TEMPORARY, PART-TIME LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 203. 2002 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Colby Garb and Josh Lopez as temporary Laborers to work for 10 weeks this summer under the direct supervision of the Town's Cemetery Superintendent, such employment proposed to commence on May 20th, 2002 for Mr. Lopez and on June 24th, 2002 for Mr. Garb, and WHEREAS, Colby Garb is the son of Chuck Garb, a Working Foreman working in the Town Highway Department and Josh Lopez is the son of Michael Lopez, a Working Foreman working at the Pine View Cemetery, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Colby Garb and Josh Lopez as temporary Laborers to work 10 weeks this summer under the direct supervision of the Town Cemetery Superintendent, such work to commence on the dates referenced in this Resolution, and BE IT FURTHER, RESOLVED, that these temporary employees shall be paid at the hourly rate set forth in the Town's Agreement with the Civil Service Employees Association and payment shall be paid from the appropriate Town payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec Discussion held before vote: Councilman Boor-Questioned if the Cemetery next to the Queensbury Golf Course was a Town Cemetery..it was noted that only a portion was owned by the Town the other section was private...Councilman Turner-noted the Town is waiting on the private owner for documentation...Councilman Boor-Would like to see a letter to the individual noting that we are interested. .. RESOLUTION AUTHORIZING FUNDING FOR CITY OF GLENS FALLS - TOWN OF QUEENSBURY JOINT MEMORIAL DAY PARADE RESOLUTION NO.: 204.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to authorize funding for the City of Glens Falls - Town of Queensbury joint Memorial Day Parade to be held on Monday, May 27th, 2002, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes funding in an amount not to exceed $3,000 for the City of Glens Falls - Town of Queensbury joint Memorial Day Parade to be paid for from the Celebrations Account No.: 001-7550-4400, and BE IT FURTHER, RESOLVED, that funds shall be payable to the City of Glens Falls as reimbursement for Parade- related expenses upon the Town's receipt of a voucher from the City together with copies of vendor invoices, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller's Office to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY, BARTLETT, PONTIFF, STEWART & RHODES, P.C. AND PREFERRED ADVOCATES, LTD. CONCERNING CONTRACT NEGOTIATIONS BETWEEN THE TOWN AND THE QUEENSBURY CHAPTER OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 205.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, there is currently an Agreement between the Town of Queensbury and Miller, Mannix, Schachner & Hafner, LLC as Town Counsel for the provision of legal services including services related to the Town's labor union contract negotiations, and WHEREAS, the Town Board wishes to engage Bartlett, Pontiff, Stewart & Rhodes, P.c. (BPSR) and Preferred Advocates, Ltd. to serve as the Town's legal representative during the negotiation process between the Town and the Town Chapter of the Civil Service Employees Association, Inc. (CSEA) for a new Union contract, and WHEREAS, the Town Board has requested Town Counsel's consent to the Town entering into such an Agreement with BPSR and Preferred Advocates, and WHEREAS, Town Counsel has agreed to modification of its Agreement with the Town so that the Town may enter into the Agreement with BPSR and Preferred Advocates to provide legal services to the Town limited to negotiation of the CSEA contract, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town and Bartlett, Pontiff, Stewart & Rhodes, P.C. and Preferred Advocates, Ltd. for the provision of legal services to the Town limited to the negotiations between the Town and the Town of Queensbury Chapter of the Civil Service Employees Association, Inc. for a new Union contract consistent with the proposal of 1. Lawrence Paltrowitz dated March 13th, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such an Agreement. Duly adopted this 15th day of April, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSTAIN: Mr. Brewer ABSENT: Mr. Stec 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 8.0 TOWN BOARD DISCUSSION Supervisor Brower-Noted he attended an open house of the Warren County Historical Society, Mr. Hess is President and Ms. VanDyke is Executive Director displayed twenty three historic signs that have been developed to be placed along the Warren County Bike Trail Congratulated them on their effort... Councilman Boor-Questioned what the total cost of the signs were? Supervisor Brower-Four hundred and Fifty Dollars a piece.. Councilman Boor had come up with an idea of having chips placed in the signs so if they are taken then can be located... Councilman Brewer-That is a precaution that someone ought to think about. Historian Ms. VanDyke-Noted that they have been transferred and are now under the care of Pat Beland of Warren County. Supervisor Brower-April 29th at 7:00 PM at ACC meeting at Dearlove Hall discussion on Community Survey what people think of ACC. Asked the Town Board Members to attend... Councilman Boor-RE: Trash Compactor can we accept the bid? Town Counsel Hafner-Noted he will check into the State bidding rules and see what can be done and report to you. Discussion held regarding Glen Lake-Supervisor Brower-noted he has met with representatives of Glen Lake and reviewed a CIP form they were to come back with more information... Councilman Brewer- suggest meeting at the next workshop with them...Councilman Boor-Noted a problem with the dredging is the dewatering if the entire lake was dredged you would have to have a sizable area to dewater...Supervisor Brower-Spoke to the Soil and Water People and they are going to do a survey of Glen Lake at no charge a mapping of the bottom...Councilman Boor-noted that the dredging leaves a marketable product that could be used to off set costs. 9.0 ATTORNEY MATTERS Town Counsel Hafner-There is another Cemetery that the Town has been asked to accept and Rod Mosher has asked us to start doing what is necessary, I need to get guidance from you as to whether or not your acceptable to it. Adirondack Friends Cemetery The problem that we had is no one has been able to find a deed, the Quakers go back to the beginning of the Town. Town Historian Ms. VanDyke-Approximately 1810. Town Hafner-Noted title searches have been done a deed has not been found. Noted that the Friends are having trouble maintaining the cemetery...1 would suggest that the Town Board get a survey of where the boundaries are and get a boundary line agreement to accept where they are...Mr. Mosher is satisfied as to where the bodies are and he is satisfied with that level but a deed has not been found. Would like to hire a surveyor to obtain the boundaries of the cemetery... Will have a resolution at the next meeting to hire the surveyor... Agreed to by the Board... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 206.2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Robert Boor RESOLVED, that the Town Board of the Town of Queensbury here by moves into Executive Session to discuss contract matter relating to sale of Bay Ridge Fire House NO.2. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec Adjourned to the Supervisor's Conference Room RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 207.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec Supervisor Brower-It has come to my attention that Bay Ridge Fire Company has an offer of One hundred and eighty five thousand dollars for the Bay Ridge Fire Company Number 2 on Glen Lake Road, we have a consensus of the members of the Board that are present that it would be in the best interest of the Town of Queensbury to consider the sale of the building which does have a contingency connected to it for which the Town Board will not be responsible for taking action directly. The contingency states the contract is contingent upon purchaser getting approval from all governing parties to use the premises for boat storage, general storage, office space and repair by May 30th 2002. New York State Agency Disclosure. Councilman Brewer-Questioned the May deadline. Supervisor Brower-We can advise the broker they maybe they should extend that a little. RESOLUTION AUTHORIZING ACCEPTANCE OF OFFER FOR BAY RIDGE VOLUNTEER FIRE COMPANY STATION NO. 2 RESOLUTION NO. 208. 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Bay Ridge Volunteer Fire Company Inc. received an offer of a hundred and eighty five thousand dollars ($185,000) to purchase its Station Number Two on Glen Lake Road, and WHEREAS, the agreement between the Town of Queensbury and Bay Ridge Volunteer Fire Company Inc. provides that the Town Board shall have the exclusive right to accept any such offer, NOW, THEREFORE BE IT RESOLVED, that the Town Board grants its acceptance of such offer contingent upon the Town of Queensbury's obligations under its agreement with Bay Ridge Volunteer Fire Company being decreased to show the less debt service that the Bay Ridge Volunteer Fire Company will have after it pays off its debt on such building such amount to be acceptable and approved by the Town Comptroller and also this acceptance will authorize the Fire Company to extend such agreement for up to an additional sixty day period, also RESOLVED, that the Town Supervisor and Town Comptroller are hereby authorized and directed to take any action necessary to affect this resolution. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Brewer, Mr. Turner, Mr. Boor, Mr. Brower NOES: None ABSENT: Mr. Stec Discussion held regarding U.S.Flag on Cell Tower at Ramada Inn.... Supervisor Brower-noted he spoke to Craig Brown he noted the Planning Board gave approval for the Cell Phone Tower prior to Sept. 11th with the specific note that they would not put a flag on it because it would need to be lit to meet the proper flag codes. After Sept. II th they put it up two big lights with a fence around it that shine upward apparently the Ramada Inn came to the Town and asked them for a compliance letter because they were looking to refinance Dave referred it to Craig Brown, Craig Brown said no you are not conforming to the ordinance you have a flag up that the Planning Board specifically told you not to do you can apply for a change to that but you need to formally apply and if you want to take the flag down until you get that approval assuming that they might consider it you might want to do that. Apparently they did take it down. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION 209.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 15th day of April, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury