2002-05-20
REGULAR TOWN BOARD MEETING
MAY 20, 2002
MTG. #26
RES. 228-243
7:00 p.m.
BOH 25-31
TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER
BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM
BREWER
TOWN OFFICIALS COMPTROLLER HENRY HESS W A TER/W ASTEW A TER SUPT. RALPH
VANDUSEN DEPUTY WASTEWATER SUPT. MIKE SHAW
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER
SUPERVISOR BROWER-Opened the Meeting Made the following announcement that Mr. Henry Hess
recently completed his PHD in Public Administration from Kennedy Western University and I want to
congratulate him.
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 228.2002
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 moves into the Queensbury Board
of Health.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
1.0 QUEENSBURY BOARD OF HEALTH
Continuation of Public Hearing for a Sewer Variance of Katharine Seelye
Agent Dennis MacElroy-1 am Dennis MacElroy from the Environmental Design Partnership representing
Katharine Seelye who is the applicant and owner of the property in question. First, I would like to thank
you for the opportunity to come back before you and present some additional information which will
hopefully resolve some of the issues that the Board had and at least one of the neighbors.
Supervisor Brower-Well, you have provided a great deal of additional information which I think was
helpful too.
Mr. MacElroy- With me is Katharine Seelye or Kit Seelye as she is known the owner and she will add some
information as well. I would like to first just for a little clarification and summary and also for Mr. Stec
who was not here at the previous meeting, just give a little background of the property or summarize the
existing conditions and what our proposal is. The property in question is about a third of an acre parcel that
lies along Route 9L between Dunhams Bay and Town Line. It is an old camp type structure that has had
certain improvements to it over the years. The owner uses it seasonally. In its use she has come to want to
replace the existing septic system. We have made a proposal and I have done the engineering work on the
site, test pits, perk tests and determined the location that is basically the only place on the site to meet the
necessary set backs to the lake, neighboring wells and what not. We have proposed that location, the
problem with that is that it is, it does not meet the standard for a set back to her own well. This is a water
supply for that particular house, not her neighbors well but her own well. So, thus it requires a variance
from the Board of Health. The design of the system is a suitable and correct design for that house, that size
of house that usage of house it meets town and DOH standards. The system itself that is proposed is fine,
the problem is the location of the well and that water supply which the owner has a certain investment in
and would like to retain. Last time we presented the information and I think technically we were, I felt we
were on firm ground there were some other issues that came up that are not directly related to the technical
issue here but something that we still heard about and to some extent can address. In the package that we
re-submitted their, you will see an alternate plan that is dated May 6th which makes some adjustments to
the proposal. The original proposal again not only required a variance to the well but a variance from the
ten oot set back to a property line. We have relocated the system so that it is no closer to the well but now
meets the ten foot set back to the property line. In doing that we have added a fourth lateral to the system
that in fact has also added capacity to the system. I want to clarify something that was maybe not properly
stated last time. One of the things I just gave you is stapled together copy of a DOH standard, which
discusses flow rates for residential properties. If you have plumbing fixtures that are from before 1980, I
do not have that right in front of me so you may correct me on the dates, but basically before 1980, you
require a flow rate of one hundred and fifty gallons per bedroom. In the 80's because of the advent of lower
use fixtures the flow rate can then be adjusted to a hundred and thirty gallons. In the 90's with low flush
toilets and water saving fixtures the flow rate per bedroom is adjusted to a hundred and ten gallons per
bedroom. I re-read the transcripts and I want to be clea because this whole issue of number of bedrooms in
a house I do not want that to be a point of confusion. There are four bedrooms in the house but the flow
rate is four hundred and forty gallons per day flow rate the design of the original system was four hundred
and sixty gallons per day, so certainly adequate for that. I referred to it at one point as a three bedroom one
hundred and fifty gallon a bedroom design or four hundred fifty would be that, four hundred and sixty
gallon a day system will accommodate a three bedroom old fixture system or a four bedroom new fixture.
Kit has confirmed that the fixtures within the household are all 1990 era fixtures so the flow rate of a
hundred and ten gallons per bedroom applies. I do not want to get too bogged down here with the details
but again on the proposal the alternative that was submitted we have added additional length of laterals of
the Elgin System which actually creates a capacity of five hundred and fifty gallons. So, there really isn't
any questionabout the capacity, in the capabilities of the proposed system. Again, it meets setbacks to the
lake it meets setbacks to neighboring wells, what it doesn't do is meet the set back distance to Ms. Seelye's
own well. And to mitigate that action we propose and stipulate and require that a UV Disinfections System
would be used on her water supply, her deep well system. Now we talked about that a certain amount last
time and would be glad to answer any further questions about that and I supplied some additional
information.
Supervisor Brower-Very interesting. Thank you.
Mr. MacElroy-Now, let me stop for a moment and let Kit give you a little background and history of some
of the other issues.
Supervisor Brower-For the record would you just identify yourself please?
Ms. Kit Seelye-Yes, my name is Kit Seelye and first of all I wanted to apologize to the Board and the new
Doctor for not having been here at the meeting last time it was my impression that the subject would
strictly be the details of the septic system and Dennis is very familiar with those, could much better explain
what the system is and why it is good for the lake. But, I did read the transcript and obviously wanted to
come and talk to you personally because I feel that there were a number of misimpressions left in the
previous session and I wanted to address some of those. I have a very strong connection to this area. My
family has lived here for three hundred years. My grandfather and previous generations were born here my
grandfather built the house that we are talking about I have come here every summer of my life. My family
is buried here I intend to be buried here I do not want you to have the impression that I am somehow not
connected to this area or am an absentee person at all. This house is ery much a home it is a place I intend
to retire to. I was sorry to see in the transcript that it was portrayed as something else. Contrary to what is
in the transcript I do not rent this house out from Memorial Day until Labor Day. In fact I rent it out about
four weeks of the year. I have never rented it out for the entire summer I have never rented it out in the
winter. This year I am planning to be here for the entire month of July I am renting it out one week at the
end of June and three weeks in August. Last year I was here for the entire month of July, I rented it out for
four weeks in August. We have a rental agreement I think in your packet you have a copy of the rental
agreement. Trella Finton from Tuttle Real estate is here to tell you about the rentals but the main points
you should know again are that I rent the house out four weeks a year. The rental agreements as you can
see specifically say no more than eight people and often most people are families offour. The rental
agreements an the rules posted in the house are that people be considerate and the people who rent the place
are in fact repeat visitors. They come year after year this is not something that is advertised the people are
family people and have come to sort of look after the house as their own. In fact Mr. King my neighbor
who was here at the last session spoke very well of the people in the house and I just want to read one
sentence from the transcript from last time where he said; "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 them and
they are nice people." So I do not think that there is any question that you know these aren't people and
coming and you know having big events. I think there was a reference in the transcript to sense that
somehow I was running a hotel. Nothing could be further from the truth. There might be some confusion
here because there was a house next door to me that was rented out all the time. I bouht that house, if I
wanted to run a hotel I would have kept that house and continued to rent it. I tore down that house, it is
gone. I did not rebuild there I do not want to rebuild there I am not expanding my house, I am not adding
any bedrooms, I am not adding any living space. What I am trying to do is replace an old septic system, it
is not failing but it is close to the lake and it is old. If there were a problem there I would know about it
because I am there every summer. What I want to do is straighten out the plumbing so that I can retire
there. That might mean putting in a small mechanical room under a single corner of the house. Again, it is
not living space it is a way for the pipes to all drain down into one room. That is all I want to do. I am
happy to answer any questions you might have, Trella is also here she came from Albany to talk to you
about what the rental history has been and I thought you might want to talk to her first. But, I am happy to
answer any questions that you have.
Mr. MacElroy-lfI could before you do that let me address a couple other comments from a technical
standpoint. From the transcript, first of all I explained in some detail an alternative that we are putting out
there as a possible solution, resolution of perhaps one of the Handelman's concerns about the set back to the
property line the ten foot set back variance. The alternate that you see does away with that, it is no longer
needed. If that is satisfactory more satisfactory than Kit is certainly willing to modify the proposal or the
system here to include that fourth lateral and in fact some additional capacity. But, I do not want that to be
construed that they are adding capacity because there is some great plan to do something more, that is not
the case.
Councilman Brewer-I asked about changing the design of that at our last meeting, I think, because of that
concern, directional wise but I mean, essentially you did the same thing.
Mr. MacElroy- We did not get any closer to that, having that fourth lateral in fact adds a little capacity so
that really the system has the capabilities of five hundred and fifty gallons per day. So, there is perhaps a
little more level of comfort by those that question that particular system. I want to again, go back to the
transcript, and Kit has touched on some of these but Mr. Slote had commented that during the summer the
house is rented every week from Memorial Day until well into September, that is not based on fact.
Sixteen people living in that house for two weeks at a time that has not been the situation. Talking about
improvements, all winter every winter there are modifications being made. That is an overstatement and
inaccurate not based on fact. We have to live with up to sixteen people in it for two weeks as I say every
summer. Those are some comments based on that you know this proposal perhaps addresses some of
those, now I would refer to the letter that was submitted by the Handelmans and I know that the
Handelman's are here tonight and they will have an opportunity to comment. One of their concerns was the
ability to place a well on their property. Now on part of the package there is a planned view of the two
parcels I added to that with a little colored drawing just there on your desk which shows this drawing which
shows the relationship of the one hundred foot set back from a proposed Seelye septic system in blue in the
radius that would be arched from that. Theoretically that land would be restricted because it would be
within a hundred feet of the neighboring septic system so that a well would not be placed in that location in
order to meet the one hundred foot set back to the septic system. Now you see in orange and I found this
from discussions with the Handelman's that, that's the approximate location of their own septic system. So,
if you take a hundred foot radius from that and you see that in orange and you see that those restricted areas
are what coincident. So, that evn based on their own septic system that would not be an area that you
would seek to put a new well. Now, thinking ahead to the future not only a new well for the Handelman's
but perhaps a new septic system that they may in fact want to do in the future well you cannot tell from this
drawing but just the lay of the land the likely location as an engineer I have looked at it in that regard the
likely location of that replacement septic system and I qualify that we haven't done test pits or determined
depth to rock in that area would be the limiting condition, but would be in that area just below the garage,
below the 1.00 you see on the drawing. That would be likely location. Even with a hundred feet from that
and a set back to that location their well could be located in an area and again you cannot tell from this plan
but their driveway comes in from the lower right side of the drawing and that would be likely location for
any future well. That provides access for a drill rig, and it maintains the necessay set backs from current
septic systems from future septic systems as maybe proposed. I think that addresses, that answers the
technical question that the Handelman's have and they certainly can address their understanding or
satisfaction with that. They had another comment about limitations that the sewage disposal facility would
place on them as far as the expansion of their garage and you can see the garage on that, anything that Ms.
Seelye does on her own property with that septic system would have no effect on any expansion of the
garage. Any limitations or whatever strictly is zoning based for that aspect. Last person to comment on
this last time was Mr. King and Mr. King talked about a lot of different things most of which had nothing to
do with the variance that we were talking about. But, basically his feeling was and in re-reading this and
trying to extract what the comments were, his feeling was that the system was old and probably not good.
Ok. We understand that and what is being proposed i a new system. I do not understand how there would
be an objection to a new system properly designed and located with the one qualification being that it needs
a variance from the Seelye's own well. It does not affect the Kings' it does not affect the Handelmans'. It
is a variance that is necessary that only effects the water supply that serves the Seelye's residence. We have
tried to address some of those concerns I am not sure that we can totally address all the non technical
aspects of it but hopefully we can see the merit of the new septic system a replacement septic system that
would upgrade and improve an existing condition that while not failing is not compliant with todays
standards. Not uncommon for lake shore properties. With that I would be quiet for a while and listen to
any questions.
Supervisor Brower-Thank you Dennis, before we ask if there are any question so the applicant at this time I
would like Darleen to read into the record a letter that the Queensbury Town Board received on April 24th
2002 which was part of our packet.
Town Clerk Darleen Dougher-Dennis I will have two letters then, I just received another one tonight.
Supervisor Brower-Ok. Fine.
Town Clerk Darleen Dougher read the following into the record
Ltr.
To: Queensbury Town Board From: Katharine Q. Seelye Re: Septic system application Date: April 24,
2002
To the Board:
I was very disappointed to hear that the board had tabled my request for a variance on my septic
system. I hope that the information I provide in this letter and my attempt to respond to the concerns as I
understand they were expressed by my neighbors, Mark Handelman and Ed King, will lead you to approve
my application at your May 20 meeting.
First, I am eager to improve my septic system. As the board knows, this is an old system on a
difficult property with very few options. I have been considering a replacement system since last year, and
the puzzle of finding a solution defeated two engineers whom I had hired earlier. Now, with the guidance
of Dennis MacElroy, a Queensbury engineer, we have come up with a plan that will do the job, at
considerable expense, but for which we need two variances.
I understand Dennis has explained the system to you. I also understand that my neighbor to the
east, Mark Handelman, is worried that my system would interfere if he ever decides to drill a well on his
property.
Mr. Handelman's property is quite expansive, with numerous options for the placement of a well,
should he decide to drill one. However, Dennis has discussed an alternative with me that would respond to
Mr. Handelman's concern and move the system farther from his property. Dennis can explain this to you,
but essentially we would go from three to four shorter trenches and thus move the entire system to the
required lO-foot setback from Mr. Handelman's property. This proposal is large enough to accommodate a
five-bedroom house, or 550 gallons a day, which vastly exceeds the actual need.
With respect to Mr. King, my neighbor to the west, I understand that he did not complain about
the septic system but rather about my tenants, some of whom he is quite friendly with. I believe that Mr.
King misrepresented the situation, offered no substantiation or his claims and in fact has no legal grounds
on which to block my septic system.
I'm sure the board has no interest in listening to the back and forth between two neighbors who
have different values, so let me instead tell you the facts.
First, I limit the rental of my house to about four weeks a year. My family, which has owned the
house for three generations, has always rented it out for the part of the summer when we could not be there
and I have simply continued this tradition, which was in place long before Mr. King bought the property
next door. This year, as last year, I will be occupying the house for the entire month of July. Last year, I
rented it out for four weeks in August. This year, I am renting it out for one week in June and three weeks
in August. For the first week of August, my cousins will occupy the house.
As I understand it, there was one day several years ago when a renter hosted a party for his family
and there were several cars in my driveway for the afternoon. Most of those people were staying at the Top
of the World and did not stay at the house. Mr. King has repeatedly pointed to this single incident in an
attempt to portray my house as the scene of excessive activity.
My rental agreements, drawn up by Tuttle Real Estate, have always stipulated that no more than
eight people are to occupy the house at one time. It also stipulates that renters are to enjoy the house in a
peaceful and quiet manner. I am enclosing a copy of the Tuttle lease that we have used for years.
This year, with the retirement of the Tuttles, I drew up my own lease. I am also enclosing a copy
of this lease. Again, it stipulates that no more than eight people are to occupy the house and that they are to
do so in a peaceful and quiet manner.
This is a very popular house with people because of its beautiful setting on the lake and because I
have put so much work into maintaining it. I could rent it out far more frequently than I do and at a higher
price, but I want to be there myself as much as I can. Those few families who come now are those with
whom I have built up a good relationship over many years. I trust these people, I know they take good care
of the house and follow the rules.
It Mr. King's complaint seems mystifying, let me explain: Mr. King has wanted to buy my house
for years but he knows I have no intention of selling it. He told a carpenter working at my house last year
that he was going to object to every improvement I wanted to make, his intention obviously being to try to
harass me out. This is an example of that harassment, and nothing more.
I hope the board will look at the facts, come and look at the properties, and see that my desire to
improve my septic system can only be a good thing for the lake. You may also be interested in knowing
that I made many of the improvements to the house after 1990, meaning the water fixtures are modern and
help to limit water use.
It took us along time and a lot of hard work to come up with the proposal, and I want to be flexible
to respond to Mr. Handelman's concerns. I believe this plan offers a good and proper design without any
effect on my neighbors.
Thank you for your time and consideration.
Sincerely, /s/ Katharine (Kit) Seelye
E-Mail Hand-delivered 5-20-2002 Received by Town Clerk
Rachel and I are interested in supporting your application to the Town of Queensbury for sewage disposal
variances on your property on Lake George. We noted that the public hearing is for all people attending
the meeting to be heard. We would like to show our support for this application with this letter for you to
submit for the record at the hearing.
Respectfully submitted, Daniel and Rachel Norton 29611 Fairway Dr. 10 Highview Drive
Evergreen, Co 80439 Lake George, NY 12845
Cc: Darleen M. Dougher Town Clerk
Town of Queensbury
742 Bay Road
Queensbury, NY 12804-5902
Supervisor Brower-Ok. At this point in time I will ask before we open it up to the public I would like to ask
Councilman Boor do you have any question for the applicant at this time?
Councilman Boor-I have one question but before I ask the question I want to just say is it Miss or Mrs?
Miss Seelye-Miss
Councilman Boor-Miss Seelye, I think you characterized it quite well in your letter and you probably
would not have to be here tonight if you had been at the first meeting. I think Dennis did a very good job
of describing the technical aspects of the system and what you were trying to do, unfortunately he had no
knowledge of the personality the history and therefore we were in a position where we really could not
grant this based on what we heard that night. It was my position that if in fact this was an absentee landlord
that was strictly using this to develop revenue and allowing multiple if not numerous people in there in
seeking a variance from the very water system that they would be using I can only speak for myself that I
had a problem with that. It is my belief having seen your revised application and meeting you tonight that,
that probably is not the case. The fact that you have for all intensive purposes eliminated I believe any
legitimate complaint from the neighbor by in fact being ten feet frm the property line also I think is a credit.
Supervisor Brower-Roger, could I just a minute. Now, don't forget we have not opened this to public
hearing yet so we have not heard from neighbors or other effected people so do you have any questions for
the applicant at this time?
Councilman Boor-Well, I do and that is what I am getting at, the one question that was brought up at the
last time was had to do with the location of the parking and driveway which I think still might be an issue
with the current location and I do not know if Dennis has apprised that obviously this is not a system that
you can drive over. Are you familiar with that and how have you addressed that aspect?
Miss Seelye-That is where the system would be is an area where the people used to park for the house that I
tore down, people now once and a while I believe one car is in there and I believe from looking at where it
was laid out there is room still for one car but what we would do is put a barrier of rocks or a fence I am not
quite sure but some sort of barrier so that you would not be able to drive down there.
Councilman Boor-That really is the only question I have and then I guess to Dennis this system is adequate
volume wise in other words the ultraviolet can put out as much as can be used flushing multiple toilets,
running showers.
Mr. MacElroy-Correct, as some of the literature may indicate there is variety of sizes and capabilities of the
UV units from as little as I think as maybe six gallons a minute up to a hundred gallons a minute. It is
designed according to expected use of a household and with the UV strength to put is simply, to be able to
do the disinfections that is required for the pathogens that could potentially exist.
Councilman Boor-I have no more questions.
Supervisor Brower-Mr. Turner?
Councilman Turner-No, I do not have any questions right now because the question was already put in
front of them as to what I wanted to hear which is the same as Roger. So, I will move on with that one.
Supervisor Brower-Mr. Stec?
Councilman Stec-Locations of any other wells in the area I assume that the Handelman's don't have a well
now, because we keep talking about.
Mr. MacElroy-Correct they don't and their concern was the future if they chose to put one in where it might
be able to be located.
Councilman Stec-Are there any other neighbors that have wells?
Mr. MacElroy- The Kings have one and it's shown if you can see on the drawing in the text below the little
narrative and you see a little circle and says King well approximate location. Because there is a one
hundred foot setback that we meet that just cuts into the Seelye property, just slightly. Right above the
system, there is a fairly narrow area or restricted area that a system could be placed here in meeting the one
hundred foot set back from the lake and one hundred foot set back from the King's well but in fact that is an
area that this system is proposed is able to be constructed.
Supervisor Brower-Mr. Brewer?
Councilman Brewer-The only other thing I had marked down here Dennis was trees, as I remember I wrote
it down when we talked about the parking and the concern about how many trees and such that was going
to be cut down to put the system in.
Mr. MacElroy-We talked about that last time with the original proposed system I speculated that three
trees, two possibly three trees would be removed. By moving the system ten feet from the property line I
think there was one tree on that side that probably now would be retained so that there are certainly two
hemlocks and possibly another one because of the additional lateral. So, I still say that perhaps three trees
could be removed but it is
Councilman Brewer-Again, they are on their own property, so I do not have a real big concern about that.
Mr. MacElroy-It is on their own property and it is not within the, within the thirty, the only area of
restricted clearing of properties in Queensbury along the lakeshore that first thirty-five feet.
Councilman Brewer-The only other question I had was it is not a problem that we indicate what system you
are going to put in your home for the disinfections of the water, in other words if we put that as a
requirement in here is this approval of this variance you do not have a problem with that?
Mr. MacElroy-1 don't in my agreement it would be required. So, if you add that to the language.
Supervisor Brower-Have you spec a unit one of these the specific unit?
Mr. MacElroy-Not yet. It would be on the design plan now again remember this is for the variance the
specific design plan that would go to Dave's office for review I could certainly include that.
Councilman Brewer-You pick that out as long as we know that system is going to be there and it will
handle the amount of flow that is in that house I am satisfied with that, I am not an engineer by any means.
The other thing was if we put some sort of requirement as far as a wall or fence or something for the
parking.
Mr. MacElroy- That certainly would be on the design plan as well.
Supervisor Brower-Ok, Thank you, if would step aside and we will ask we will open this up to a public
hearing format and ask if any people are present that would like to comment on the application before us.
Yes, Sir.
Mr. Rick Slote-My name is Rick Slote and I am Ed King's son in law and I live in the Cottage with my
family just across the driveway from Kit's house. I do not know how to respond because I can see why Kit
was hired by the newspapers to be a writer she is very good at what she writes and tells. However, it
doesn't change the fact that there have been twelve to sixteen people there for two weeks at a time almost
every summer. She is right, last summer was the first summer that I can remember that she might have
been there for a period of time in July and to remember how long it was. But, has always been rented out I
do not know, you do not have to believe me or believe her what can you do to protect us when we go
swimming in the lake and we drink the water. How can you restrict the number of people that will be
renting the house in the future if you grant this variance?
Councilman Boor-I guess, and I am not going to say who is telling the truth and maybe both of you are
telling the truth. I guess one of the ways would be to just make sure that the size of the septic system can
handle the numbers that you are talking about. I think it might with the low flow toilets they have and the
showers it may not be an issue. I am not an engineer, so.
Mr. Slote-But, if you are wrong what is going to protect us and the lake George waters?
Councilman Boor-Well, I think what, we maybe wrong if we do nothing, the system that is there now
remains and the pattern as you portray it continues. In other words you may be in a situation that is very
unpleasant because there is a large number of people using this residence but I haven't seen an argument
that would convince me that the new system is going to in fact be worse than what is currently there. So,
that is where the dilemma lies. Now, I can understand, like I say if your presentation is the correct one I
understand maybe your frustration your feelings but I do not believe that there is anything that has been
stated that would lead me to believe that it is going to be worse as far as the quality of the water that is
exiting this leach field. I think this is probably an improvement over what is there.
Mr. Slote-I agree absolutely anything would be an improvement, but you have a one and only time chance
to make sure that the system is sufficient to take care of a house that will have more people then it is rated
for. It is a simple request.
Councilman Brewer-We do not have that crystal ball to say what.
Councilman Boor-We do not regulate that type of situation, we can only do what is before us. It is a three-
bedroom house
Councilman Brewer-No.
Councilman Boor-Four bedroom house ok, lets assume it is a five bedroom house.
Mr. Slote-I do not care how many bedrooms that are there I know how many people stay there. It is not
sufficient.
Councilman Boor-But you see we cannot control how many people stay at your house either and I do not
think we should.
Mr. Slote-No, but you have a one-time opportunity when someone asks for a variance and that is your
obligation when they ask a variance before you pass it to look at everything that is necessary to protect
everyone involved.
Councilman Boor-The variance is with themselves not with you, they do not need a requirement from a
property line.
Mr. Slote- Then why do you have a public hearing?
Councilman Boor-Because they are seeking a variance for their own well and septic system, not your
property and their septic system.
Mr. Slote-For all of us, Lake George.
Councilman Brewer-If I can but in, I think the dilemma that you are facing us with is we have an obligation
by law to make sure that system is adequate for that house, if they break the rules at that house I mean, that
is not, we have no control over that. If I have fifty people over to my house and I have a three-bedroom
house then, do you understand what I am saying?
Mr. Slote-I understand exactly what you are saying.
Councilman Brewer-That is my problem, and we have no control over that.
Mr. Slote- That is why I said you have one opportunity to correct something that is wrong.
Councilman Brewer-So, how big would you want that system to be? I guess is what my question to you
would be.
Mr. Slote-I should think it would have to be at a minimum sufficient to handle twelve people, that is a
compromIse.
Councilman Brewer-But there is State Law that says if you have three bedroom house and I did not write
the law, that this size system is adequate for this size house and they have over done that. So, I think the
burden you are putting on us is beyond our control in my opinion.
Mr. Slote-I am not as eloquent as Kit is, I feel badly that I am not.
Councilman Brewer-I understand exactly what you are saying you want an added protection.
Mr. Slote-We have lived through this, I have been there for thirty years and I have seen what happens. I
also admit that last year she was there for a period of time, it would make me delighted if she was there all
the time and did not rent it out as long as we could control the number of people that use it. This is your
only chance to protect the lake in that regard.
Councilman Boor-It really isn't. We have criteria we have to stand by. If it is a three bedroom house and
the septic system is engineered for a three bedroom house that is the limit of our authority. If you were to
rent yours out to twelve people you know what are we going to do?
Mr. Slote-No one else in the area rents their home out and I do not know anyone that would rent a, anyone
else that would rent a home to twelve or sixteen people anyway unless they did not know it. If she has a
lease that restricts the number of people to eight then she should put something in place to make sure that it
is only eight that the system will handle that which it sounds like it will. Thank you.
Supervisor Brower-Thank you Sir.
Councilman Turner-Before you step down. Where do you swim in Lake George? You said you swim Lake
George where do you swim near these properties.
Mr. Slote-In between the two houses. The cottage that Mr. King land is to the side of Kits house and across
the back of it. Her house is between the cottage I stay in and Lake George. We swim in front of both
houses.
Councilman Turner-You know you could get a septic smell from the roofvent.
Mr. Slote- Yes.
Councilman Turner-Very easy.
Mr. Slote-I am not going to swim in the roof vent either.
Councilman Turner-No, no, what I am saying from the roof vent on the house the wind blowing in the right
direction you can get a pretty good odor from that. Handelman's septic looks like it might be seventy-five a
hundred feet from the lake, now I do not know how old that is but you know if that is failing that might be
coming from there. Now, she is going to take her
Mr. Slote-Living there and seeing it I can tell you when every summer we are going to get the algae
growing and the shores of the lake in front of the two houses by the number of people that are in that house.
It is as simple as that, if you are going to improve it please improve it all the way.
Councilman Turner-I understand what you are saying but this system is going to correct that very matter
right there.
Mr. Slote- If it was just a little larger a little better constructed maybe it would protect us from anything.
Councilman Turner-It is oversized now.
Mr. Slote-I do not think so. Another thing he did not take into consideration, I do not know if he took it
into consideration, when we put our well in just exactly a hundred and four feet up gradient from where she
proposes to put her system in we had a hell of a time digging a trench down four feet to bury a pipe line so
it would be below the frost line. I can for see a huge problem on her property also being able to put this
system in.
Councilman Boor-The Elgin System is a shallow system, it is design specifically for these types of
situations where you do not have the ability to dig down. It is a bio mat
Mr. Slote- It is too bad that this one isn't designed to handle the maximum number of people that will be in
the house, that is all. Thank you.
Supervisor Brower-Anyone else care to address the board on this public hearing at this time? No one else,
hearing no further comment I will close the public hearing (7:50 P.M.) portion of the meeting and ask the
applicant and Dennis MacElroy to come forward again. Quite frankly my biggest concern were, have been
alleviated that which would preclude a neighbor from being able to drill a well in an area that would be
appropriate and I think that has been answered. More importantly most importantly is the health potential
the negative health potential for occupants of the house. The information that you provided on the UV
water treatment has been very interesting. I find it interesting that ultraviolet light can destroy
microorganisms by changing their genetic information or DNA. This seems to be I have heard of ultra
violet systems but I have never read information about it so I think that is pretty interesting and certainly I
am not aware of how many of these system are going in around the region but it seems to be an option that
people that could be effected by septic systems could utilize to help prevent any contamination or any
potential infection from drinking water, contaminated water. Do you have any more, further comment to
add about this system the ultra violet system other than what you have provided?
Mr. MacElroy-Other than just concurring with what you are saying, it has been used more and more
frequently around the lake the Handelman's next door evidently have a UV disinfections on their lake water
supply. It is more and more common as a form of disinfections with people feeling a little more
uncomfortable with the quality of the lake water this provides a more state of the art disinfections system
although chlorination is something that has been used for years people who have chosen to disinfect their
water supply. Again, I think the UV system is becoming more and more in vogue it is perhaps more user
friendly it requires less attention to it. I think it is a good fit in this particular situation and a must actually.
You would not suggest this without it because on a, again I think it at the last meeting I also said that well
water might not typically be treated, deep water, well water may in fact be treated but for iron or other
items like that, but as far as disinfections you might not typically disinfect well water.
Supervisor Brower-Are you aware of any systems that use both chlorination and UV?
Mr. MacElroy- To answer your question, yes, but for a different reason, and not on an individual system. I
am not talking out of school here but Canon Point Development for instance, it has a community water
system that I happened to design. I am going to get technical on you but the chlorination system requires a
certain level of contact time in order for the chlorine to do the job. That requires certain space in area in
volume of a storage tank and they did not want to do that so they have disinfected through UV but they
maintain their chlorination system to provide the residual and Ralph probably is the only one that can
understand that. But, again as I spoke about last week, UV is not good for systems that have distribution
systems beyond it. It is good for point of entry or point of use application such as in a residence. But, if
you have a piping system that goes for hundreds or thousands of miles beyond that then the UV
disinfections will not qualify as a proper disinfectant according to Federal 0 State standards. That is where
the chlorine would come in, a long answer to a short question.
Supervisor Brower-The Elgin system we know is pretty effective in providing solutions to some problems
with septic systems, although it is relatively expensive, comparatively. Ok. Board Members any further
questions of the applicant? Hearing none I want to thank you for being here this evening thank you.
Community Development Director Chris Round-For clarification purposes the variance in the resolution
1.2 that you have in front of you included four foot set back to the road what you are calling the rear
property line.
Councilman Boor-Side property line to the Handelman's.
Director Round-So we call that side property line and that is with four trenches and you are not required to
do four so there is an alternative that is in front of the board so I make sure that they understand that. This
design is not mandated by this town or the Health Department standards so that was a concern last time but
I just want to make sure you grant what, minimum amount of relief and that you address the concerns that
have been in front of you tonight.
Councilman Boor-Then added to this do we have the fact that there will be four trenches that there will be
stones or impediments to the driveway do they need to be added to this then?
Town Counsel Hafner-I was going to suggest language for the two conditions and left Chris to figure out
exactly which plan it is. The plan that we have in front of us up here looks like there is only the four-foot
set back from one of the neighboring parcels which was in the original resolution.
Councilman Turner-That was part of the initial public hearing.
Councilman Boor-We have the new drawing.
Mr. MacElroy-Part of the new package included drawings that were revised dated May 6th and that
eliminates the need for the side property line set back.
Director Round-We have that one in front of us, what I am saying is it appears that the three trenches would
not require set back relief.
Mr. MacElroy- Vice versa the other way around.
Councilman Brewer-Four don't three do because he shorten up the four.
Town Counsel Hafner-On the map it looks like it is closer.
Director Round-May 6th 2002 revised it looks like one of the trenches less than ten feet away from the
property line.
Town Counsel Hafner-But it is at least ten feet?
Councilman Boor -You are talking about near the asphalt?
Mr. MacElroy- That is a preliminary plan, this is the issue?
(viewing map)
Director Round-Is that ten feet then?
Mr. MacElroy-Yes, it will be, yes.
Councilman Boor-Ten feet from all property lines.
Mr. MacElroy-Because this is a discussion we had with the Handelman's certainly we would stipulate that
it was the alternative that would be the one that we would propose.
Supervisor Brower-Based on the recommendations that we have heard from the neighbors I think I would
recommend the greater system the one with the four trenches and Bob I think we may need a resolve
regarding the UV purification system even though it is part of the plan. I think it should be.
Town Counsel Hafner-Let me read what I have penciled out; Add a resolved between the first and the
second, Resolve that such variances are or such variance because now there is only the one variance for the
thirty feet, such variance is granted upon the following conditions; first that Katharine Seelye shall include
a UV water treatment system as part of her well system that shall be sufficient for her system as determined
by the Director of Building and Codes and second that the design for the septic system shall include a
barrier so that vehicles cannot drive over such septic system, again as determined by the Director of
Building and Codes, third, that the septic system shall be at least ten feet from the boundaries of the
bordering properties. That was the last clarification that we are trying to work out. Does that summarize
what the five of you said?
Councilman Brewer-Well it does not say anything about the four
Councilman Boor-And that it included the four trenches as opposed to the three.
Town Counsel Hafner-Ok. Which is the five hundred and fifty gallon
Director Round-totallinier footage
Town Counsel Hafner-Ninety-six feet. Ok. Then we will add a fourth condition; Fourth that the septic
system shall include four trenches a total of at least ninety-six linear feet.
Councilman Brewer-I will introduce that.
Councilman Stec-I will second it.
Town Counsel Hafner-We also need to delete in the first Whereas the after a hundred foot set back you
have to delete and four feet from the rear property line in lieu of the required ten foot setback, that also has
to be in the second Resolved, what is now the third Resolved, you need to delete that and everywhere it
talks about variances you have to change it to singular.
Supervisor Brower-That is the motion the amended agreeable to both of you
Agreed to by Councilman Brewer and Councilman Stec.
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHARINE
SEELYE
RESOLUTION NO.: 25,2002 BOH
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Daniel Stec
WHEREAS, Katharine Seelye has filed an application for a variance from provisions of the Town
of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of
Health allow an absorption field to be located 30' from the well in lieu of the required 100' setback on
property located at 14 Crooked Tree Drive, 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 public hearings concerning the variance
requests on April 15th and May 20th, 2002, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property
have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variances, it is felt that the variance 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 variance 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 such variance is granted upon the following conditions:
I. That Katharine Seelye shall include a UV water treatment system as part of her Well system that shall
be sufficient for her system as determined by the Director of Building and Codes, and 2. That the design
for the septic system shall include a barrier so that vehicles not drive over such septic system, again as
determined by the Director and Codes, and 3. That the septic system shall be at least ten feet from the
boundaries of the bordering properties, and 4. That the septic system shall include four trenches a total of
at least ninety-six liner feet.
RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Katharine
Seelye's application for a variance from the Sewage Disposal Ordinance to locate an absorption field 30'
from the well in lieu of the required 100' setback on property located at 14 Crooked Tree Drive,
Queensbury and bearing Tax Map No.: 239.15-1-10.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT: None
1.3 PUBLIC HEARING SEWER VARIANCE JOSEPH RIT ANO
NOTICE SHOWN
Supervisor Brower-Good evening Darleen when you are ready.
Town Clerk Darleen Dougher-Our next is a proposed sewer disposal variance of Joseph Ritano and this is
the public hearing.
Supervisor Brower-Mr. Ritano, Good evening. When you are ready Sir, go ahead. You are requesting a
septic eight-foot from the dwelling in lieu of the required ten foot set back. A septic system one foot from
the property line in lieu of the required ten-foot set back and a septic system eleven feet from the dwelling
in lieu of the required twenty-foot set back. This property is located at 16 Sunset Lane in Queenbury. I
assume, well go ahead, I will not assume anything. Go ahead and tell us your story.
Mr. Joseph Ritano-My name is Joe Ritano I own the property on 16 Sunset Lane and I come in front of the
board for a updating my septic system. Knowing the lay of my system used to be in the back of the
property but because the way it was I have to redo the system and in talking to the Building Inspector he
recommends to go in front of the property to stay a hundred feet away from any wells. To do so I need
some variance I guess it is going to be close to the road which is what the application says and I do not
have any other place to put the system but in the front. I would like to fix my house and first thing they
told me to do is to I have to bring the septic tank system up to date. I wanted to do that.
Supervisor Brower-May be we could have, Dave are you involved in this application? Maybe we could ask
you to come forward and just. Your recommendation is that they put this system in front of the property?
Director of Building and Codes Dave Hatin-As Mr. Ritano stated this is really the only logical place when
you do the radius of the wells on neighboring properties this really is the only logical spot for it without
creating variances for other properties. It allows Mr. Ritano to do the expansion of his lawn, which he
wants to do however he does need the variances from his own dwelling and property line.
Supervisor Brower-They all have public, municipal water at this location, right?
Director Hatin-Mr. Ritano is on the Shore Colony System, which is a municipal system that the Town
maintains.
Supervisor Brower-I know a lot about that system. Just completed it actually. Ok. At this time Roger do
you have any questions of the applicant?
Councilman Brower-Are the other neighbors going to be going on this new system or are they going to stay
on the wells, what is the situation there?
Director Hatin-Ralph could probably answer that better than I could, I do not know that much about the
Shore Colony System other than it exists, I am not sure how the users are created.
Councilman Boor-Is it a water district that these well owners are paying into?
Water/Wastewater Supt. VanDusen-It is a special district some of the residents, seasonal district .....several
of the people have their own private wells in addition to the public water so they can switch when the
public system shuts down... the well water there has a lot of sulfer and iron in it so the people do not like
the taste of it so that is why they use public water.
Councilman Turner-Ralph does the district go from Honeysuckle Lane to the property that is the two pieces
that are in the back the Lake Shore Colony District? Honeysuckle Lane is here and this is a vacant lot and
this is an occupied lot, does that water district? (map used.)
Water/Wastewater Supt. VanDusen-There is another street up here ...noted he was not sure...
Councilman Turner-Why would he drill that well when he is the lake shore colony?
Water/Wastewater Supt. VanDusen-3/4 of the people in the district have wells...
Councilman Boor-Are these deep wells?
Supervisor Brower-Somehow could we get this on the record the discussion.
Water/Wastewater Supt. VanDusen-Officially I do not know.
Supervisor Brower-Ok. Ted any questions at this time.
Councilman Turner-No. That was my only question.
Supervisor Brower-Dan.
Councilman Stec-No.
Supervisor Brower-Tim?
Councilman Brewer-No questions.
Supervisor Brower-Thank you we will ask the public if they have any comment at this time, this is the
public's opportunity anyone who would like to comment on the proposal either for or against is welcome to
come forward and certainly please come forward just state your name and address for the record, please.
Mr. Michael Kelly-Good evening my name is Michael Kelly, and I and Diane Nagaengast own the property
that is property that is partially adjacent on Honeysuckle Lane not the property directly on the corner but
number one and number two actually we own both of those lots so I guess we fully border Mr. Ritano's rear
property line and we applaud Mr. Ritano for looking to upgrade his property and I am certain that what he
is proposing is indeed better where he believes his septic system currently is which is in the back of his
property. One thing I would like Mr. Ritano and the Board to consider is the installation of a holding tank
system a system which I really do not know very much about but I do know that the property across Sunset
Lane from Mr. Ritano the Clark property recently had, I believe holding tanks installed and I believe they
had that done as a result of their proximity to a creek which is designated by the dotted line which also
enters into my property via a culvert. And also there are physical Imitations with regard to area of their
property. So, I guess I am not formally opposing Mr. Ritano's variance request but my main concern really
lies in the fact that our common property line along with the rear corner of the lot designated as 19 is a very
low laying area, and in fact I was there today walking around the back and there is, there is a considerable
amount of standing water all along that property line. So, my concern is that with the water table being so
high especially in the spring time that any kind of leach field that Mr. Ratino installs would encroach into
that standing water. Again, I think his plan is better than what he has but I would just ask that he and the
Board consider an alternate plan.
Councilman Boor-Do you currently reside in lot one?
Mr. Kelly-No, it is a seasonal residence and we use both the municipal town water as well as the well in the
back.
Councilman Boor-You have a house on one or two?
Mr. Kelly-We have a house on one, that is correct.
Councilman Boor-Where is that septic system located?
Mr. Kelly-That septic system used to be in the back and in fact now is in the front.
Supervisor Brower-Is it a standard septic system or is it?
Mr. Kelly-It is a standard septic system, that is correct.
Supervisor Brower-When did you redo your septic system, Sir.
Mr. Kelly-That was done prior to our purchasing the property which was in April of 1999.
Councilman Boor-Was it an Elgin System?
Mr. Kelly-Honestly, I don't know what exactly it is other than I believe it is a standard septic system which
involves a leach field and.
Councilman Boor-Is your property higher than nineteen?
Mr. Kelly-Number one is approximately the same elevation as number 19 although the meeting of one and
nineteen and eighteen that corner is the lowest lying area, which I believe is designated by the dotted line
the topography line. Although it appears as though there is an elevation of ninety-five point eight two feet
at that square which is actually a drainage catch basin the whole are designed by the dotted line
surrounding that is in fact basically at that same elevation. So, like I said even right now there is
considerable standing water.
Supervisor Brower-This question is directed to David Hatin our Building and Codes Officer. Do you find
that the water level of your seeing standing water on or near the property at your examination?
Director Hatin-I have not been up there today Dennis, I don't know what the situation is today, I have been
on the property it is wet I have never observed any standing water there. However if you look at the
topography lines you will notice that those are two-foot couture and the elevation of Mr. Ritano's property
in the front of his house is probably
Councilman Boor-It looks like 105
Director Hatin-Right, there is probably a good two to three foot elevation change between lot 19 and his
number 18. This system will be in the front yard which is raised so, and he does have to meet the three foot
to ground water which he will so that should take care of Mr. Kelly's concerns. Also, the ditch that goes
through there is a drainage ditch and it is only required to be twenty feet from that drainage ditch which it
exceeds.
Supervisor Brower-Wouldn't this be an ideal application for an Elgin System?
Director Hatin-This is an Elgin System.
Supervisor Brower-Oh, it is going to be an Elgin, ok. I thought you just said it was a standard septic
system, I am sorry.
Director Hatin - If I did I misquoted that, mis-stated that one.
Supervisor Brower-Ok.
Mr. Kelly-Iffor example I test my well water now and then test it again after this system is installed and
there is some kind of contamination consistent or coincident with the installation of this new system would
I have any recourse with either Mr. Ritano or the Town to rectify that in any way?
Councilman Boor-I think you would have to show that the point of source it would be highly unlikely he is
going as far away from your property as he can I think it is blessing for you where he is putting it. I do not
think he could do any better for you.
Supervisor Brower-Maybe our Attorney since he is here would like to comment on that?
Town Counsel Hafner-As we have said before it is not Town Counsel's job to advise people who are
considering suing the Town or Town residents that is not something that we feel you hired us to do.
Supervisor Brower-My hope was that you were not about to do that.
Town Counsel Hafner-Well I am consistently saying that is something you will have to decide when the
time comes.
Supervisor Brower-Mr. Kelly you must be pleased that the system is going in front of his house as opposed
to behind the house where it is currently.
Mr. Kelly-Very much So.
Supervisor Brower-So, actually he is moving the system further away from your well than it currently is.
Now, do you have contamination in your well currently?
Mr. Kelly-No, I don't.
Supervisor Brower-None, not to your knowledge.
Mr. Kelly-Not to my knowledge that is correct.
Supervisor Brower-Do you test your well on a regular basis?
Mr. Kelly-I have not tested it since I purchased the property.
Councilman Turner-Yes, it was, so how old was the well?
Mr. Kelly-It was at least as old as 1999, I do not know how old it is beyond that.
Councilman Boor-My understanding I do not know, you are going to know this better than I do but it is a
drilled well, I would tend to believe that it is highly unlikely that it would be contaminated, I am sure there
is a lot of bed rock and stuff that it goes through, it does not mean it can't be but, like I say I do not think he
can physically get any farther from your property than where he is going.
Councilman Turner-Do you know how deep your well is?
Mr. Kelly-I do not know exactly, I know it is a matter of at least a couple of hundred feet.
Councilman Turner-Is it casing all the way or does it go through bedrock? Did you ask that question when
you bought the property?
Mr. Kelly-No, I did not. Knowing that it would only be used for extend the service season of the municipal
town water I would not overly concerned about it at the time.
Councilman Boor-Wonderful ultra violet system that is available.
Mr. Kelly-Well I was hoping to be able to avoid having to install that.
Supervisor Brower-Thanks for that sales pitch, Roger. Thank you Sir. Would anyone else care to address
the board at this point in time regarding this application. Hearing none I will close the public hearing
portion of the public hearing and ask if Board Members have further questions of the applicant at this time?
Councilman Boor-One other thing, is there any chance that the tank could be switched with the leach field
is there any advantage to that?
Director Round-No. If you look at the elevation of the property it is existing houses on a crawl space so it
seemed to be the most logical place to bring it. The best we could do is to move the system uphill farther
but it would involve more excavation of his property.
Supervisor Brower-Board Members comments? Action?
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF JOSEPH
RIT ANO
RESOLUTION NO.: 26,2002 BOH
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Joseph Ritano has filed an application for variances from provisions of the Town of
Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of
Health allow placement of a:
1. septic tank 8' from the dwelling in lieu of the required 10' setback; 2. septic system I' from the property
line in lieu of the required 10' setback; and 3. septic system II' from the dwelling in lieu of the required 20'
setback;
on property located at 16 Sunset Lane, 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 May 20th, 2002, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property
have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED, that
c) 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
d) 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 Joseph
Ritano's application for variances from the Sewage Disposal Ordinance to allow placement of a:
4. septic tank 8' from the dwelling in lieu of the required 10' setback; 5. septic system I' from the property
line in lieu of the required 10' setback; and 6. septic system 11' from the dwelling in lieu of the required 20'
setback;
on property located at 16 Sunset Lane, Queensbury and bearing Tax Map No.: 226.19-1-9.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION
OF ROBERT AND SUSAN MORRIS
RESOLUTION NO.: 27,2002 BOH
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, Robert and Susan Morris have applied to the Local Board of Health for a variance
from Chapter 136 to install a leach field ninety feet (90') from Lake George instead of the required one-
hundred feet (100') setback and seventeen feet (17') from the house foundation instead of the required
twenty feet (20') on property located at 371 Cleverdale Road, Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on June 3rd, 2002 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to
consider Robert and Susan Morris' sewage disposal variance application concerning property located at 371
Cleverdale Road, Queensbury (Tax Map No.: 14-1-4) and at that time all interested persons will be heard,
and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to
publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors
located within 500 feet ofMr. and Mrs. Morris' property as required by law.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
1.5 RESOLUTION DECLARING A HEALTH HAZARAD AND SETTING HEARING- PROPERTY
OWNED BY THOMAS ST. JOHN LOCATED AT 10 DIVISION ROAD Supervisor Brower-Dave do you
want to come forward.
Director Round-What this is, a house from the information that I have been able to obtain so far that has
been abandoned by the owner who has moved to Arizona and basically left the house in the condition that it
is currently in. I apologize for not having pictures I forgot to do that today when I was out taking pictures
of things and did not realize it until I got to the meeting tonight, but I can have them if you wish to see
them. Basically what the person has left is a household garbage and household furnishing around the
house and in the house. The house is secured right now it does present a problem if you want to clean it up
we may have to find some way to gain entry I can certainly get in the house without doing damage but that
would be up to you whether you want me to do that or not.
Councilman Brewer-As I understand it and don't know for sure, but does this fellow still own it or does the
bank change the locks?
Director Round-I have heard stories the bank owns it but am unable to find out what bank, where there is
no record of information the town has available and if somebody can point me in that direction I would be
happy to go there.
Councilman Boor-How did you come to the determination that you would clean up inside it, I am just
curious as to?
Director Hatin-From the rear sliding glass door you can see a large amount of garbage in the living room
kitchen area.
Councilman Boor-As in foodstuff?
Director Hatin- Yes. I am assuming that the rest of the house is somewhat in the same condition, although I
have not been in the house.
Councilman Brewer-I had a call from a Mrs. maybe I should not even say her name, a lady that lives two
door down and she said it is absolutely disgusting and I drove by there and it is. I would like to move that
we have it cleaned up right away, as soon as possible.
Supervisor Brower-Well this resolution would allow for a hearing June 3rd. 7:00 P.M.
Councilman Brewer-I would contend that our Health Officer says immediately.
Councilman Stec-We have already crossed that before we ran across it a year ago.
Director Hatin-There is an emergency provision, I believe.
Town Counsel Hafner-But you have to determine that it is an emergency, the law says if there is any you
bend over backwards to give people notice, their right to be heard. That is what
Councilman Stec-How long has it been abandoned?
Director Hatin-At least a month.
Town Counsel Hafner-intended to do.
Councilman Stec-Another week, probably won't kill anybody.
Councilman Boor-I think we should err on the side of caution as the Attorney said, I think we do need to
address this I just don't thing we should get over zealous.
Supervisor Brower-I believe that would be wise to wait until June 3rd.
Director Hatin-The other issue to is how do we gain access to the house legally?
Councilman Boor-I guess we have to find out who owns it if the bank holds rights is that the?
Director Hatin-Generally the only way I have been able to get the banks to take notice if I stick something
on the door and somebody comes by for the bank to do their thing will find that notice.
Councilman Boor-A letter from the Attorney, maybe?
Supervisor Brower-Our Assessor wouldn't she have a record of that?
Director Hatin-Nothing as far as I know on the RPS right now that shows anything other than the owner.
Sometimes when banks take over things it takes months to show on our records.
Councilman Brewer-I am going to ask the Board to consider doing it sooner than later. Roger if you went
by this place and saw the garbage there it disgusted me.
Supervisor Brower-I do not believe that it is the right procedure.
Councilman Boor-I am going to agree with you the problem I have is that I do not think we have made a
case that there is actually somebody's health right now that is in jeopardy. It needs to be taken care of,
don't get me wrong.
Councilman Brewer-I contend that kids walk up and down that street to get on a school bus every morning.
Councilman Boor -Yes, so they should not be on the property.
Councilman Turner-How close is the closest house?
Councilman Brewer-The closest house, is they are right next door?
Councilman Turner-I mean, fifty, sixty, seventy-five feet?
Councilman Brewer-Not that far.
Councilman Boor-I think it is a legal issue isn't it, isn't there a better way to do this than another way?
Councilman Brewer-We sent a notice didn't we Dave?
Director Hatin-I sent
Town Counsel Hafner-But this is the next step.
Director Hatin-I did sent a certified letter which I received back today and that was not signed for, so that
proves that nobody is collecting mail for the residence.
Councilman Boor-Do we have a responsibility how much responsibility do we have to locate this owner
and when is it?
Town Counsel Hafner-If it is possible we have a duty to try to find the owner and to give notice. Dave has
taken the normal proper response but this is normally the process that we would go for unless there was a
decision that there is imminent problem and that there was an emergency. The Town Board as the Board of
Health under emergency powers does have the power to say this is an emergency action needs to be taken
now for the health of the community and act. If that is what you guys find you can act today. We would
Councilman Boor-That is fairly a vague interpretation of is considered an emergency?
Town Counsel Hafner-It is and that is why we always suggest that you err on the side of caution in giving
adequate notice. That is what we did what we were asked to do prepare for this hearing. When we had the
situation before Dave was very up front and said action needs to be taken now and we put before the board
something to take action now.
Councilman Stec-Is there a notice requirement a number of days? Can we come back on the 29th..
Director Hatin-Ifyou have another board meeting perhaps we can do a little sooner.
Councilman Stec-We have a workshop on the 29th a Wednesday, next week.
Town Counsel Hafner-That would be, that would be sufficient, this is not a true public hearing, this is a
hearing, where you are giving the owner notice.
Councilman Boor-What do you think Tim?
Councilman Stec- There is nothing that says we have to wait X days.
Councilman Brewer-You know what I think, I think we should clean it up and get it done, if a month is not
sufficient notice to give somebody do you think he is going to answer you in a week?
Councilman Boor-I am not saying that we wait that long, I just, this is the first I have heard of this, Dave
has obviously been aware of it.
Councilman Brewer-He sent a notice out, it has been a month, we got no answer.
Town Counsel Hafner-This is the hearing that the Town Board is holding and that is a different notice.
Councilman Brewer-You don't get the phone calls, and you don't get the phone calls and you don't get the
phone calls I get them and I have gotten them and I just think we had a situation last year when Dennis and
I went to a residence it was disgusting to see that amount of garbage in one place when there are people that
live next door.
Councilman Turner-Any sign of rodents or anything around, have you seen them around the site?
Councilman Brewer-I have not gone over there and sat, Ted
Councilman Turner-You do not have to sit, I mean you can see them.
Councilman Brewer-I know there is a home on the corner, then this home, then there is another home here,
there is a home here, a home here and kids walk up and down the street, they ride their bikes. To me I
would want it cleaned up now.
Town Counsel Hafner-If you, the five of you decide that it is an emergency that needs to be taken you can
certainly do an intermediate step and clean the outside as an emergency action public can get there and kids
can get there, and give the hearing before you go to a pretty extreme thing of trying to. ...ifthere is a
mortgage we can look up at the county...
Director Hatin-I have done what I can do so far to find anything.
Town Counsel Hafner-You have not found anything?
Director Hatin-No.
Town Counsel Hafner-Well then the bank
Councilman Stec- The county?
Director Hatin-I have not gone to the County that is the only part I haven't done yet.
Town Counsel Hafner-I could go up to the County and check to see if there is a mortgage and if there is a
mortgage you can track it through.
Councilman Brewer-Can we get the outside clean? Immediately.
Town Counsel Hafner-Again that is an intermediate thing. You guys have to find it is an emergency that is
a high standard that the health of the community is at risk. You have a letter from the Health Officer you
have Dave Hatin.
Councilman Stec-It is not Thanksgiving, things are warmer, things are growing.
Councilman Boor-Would you consider going to the County or
Director Hatin-It does not matter.
Town Counsel Hafner-We can send someone up to find out about a, to see if there is a mortgage on the
property.
Councilman Boor-How do we go about cleaning this up, what typically is done, who does that.
Director Hatin-We have hired people in the past we have had the Grounds and Building Crew do it in the
past, it is your choice.
Councilman Boor-Can you guesstimate how many yards of stuff.
Director Hatin-Outside you are looking at Ten to fifteen yards maybe?
Councilman Boor-My take would be...do that relatively soon I do not know what is appropriate.
Councilman Brewer-That would be reasonable to start, get the outside cleaned up and then we will
hopefully find out who owns it and get permission to go in, or have them clean it up.
Councilman Boor-There is no risk of them hey, this is valuable stuff I want it back?
Town Counsel Hafner-You run the risk and that is why you normally give someone notice and have a
hearing. But, if you decided that it is imminent enough that there is a problem.
Councilman Boor-Can we give him three days?
Town Counsel Hafner-Well if he said he is in Arizona I mean it will take three days for the letter to get
there.
Director Hatin-That is only rumors, I do not know that for a fact.
Supervisor Brower-Mr. Tucker
Mr. Tucker-Mr. Hatin mentioned the fact that
Supervisor Brower-You live on Division Road correct.
Mr. Tucker-he sent a registered letter, right.
Supervisor Brower-But it wasn't delivered. It came back.
Mr. Tucker-To Arizona?
Director Hatin-No. I sent it to the property that was the only address I had for the owner.
Mr. Tucker-How do you know he is in Arizona now?
Director Hatin-As I said, I don't that is a rumor I heard, I do not know that for a fact.
Councilman Boor-I hope he is not inside.
Supervisor Brower-Personally I would like to follow the procedure and have the hearing on the 3rd and if
no one shows up we send someone over add it to the taxes on the 4th.
Councilman Brewer-My contention is to clean the outside up and notice somebody.
Supervisor Brower-Is there garbage outside?
Councilman Brewer-Yes.
Supervisor Brower-Garbage or just junk?
Director Hatin-Garbage and junk a combination of both.
Councilman Boor-I say if there is food garbage that has not been picked up we maybe we do need to take
action.
Councilman Brewer-Pickup the outside so the people that live in that neighborhood can enjoy their own
property with out having to look at that.
Supervisor Brower-If there is garbage outside that could be a problem, potentially. But I am surprised you
wouldn't have called that a public health emergency then, Dave.
Director Hatin-I did, I have only known about this for two or three weeks I got to the Board as quickly as I
could. I have to also serve notice on the owner first I just can't bring it to the Board without serving notice.
Councilman Brewer-I talked to Dave about this two weeks ago.
Councilman Boor-This property has sat without anything done to it for how long to your knowledge?
Director Hatin- Two weeks that I have been aware of it. I do not know how long before that.
Councilman Boor-Somebody calling?
Director Hatin- Yes.
Mr. Tucker-Three to four weeks Roger. I have a question for you Sir? Under the circumstances these
people live on my Street and time after time the Sheriffs Department was there, family problems and
everything else, is there some way that you could request the Sheriffs Department to go inside this building
and take a look who knows what is there? All these people did was one night they were there the next
morning they were gone. Bingo.
Councilman Boor-There could be, is it reasonable to believe that there could be you know, the worst -case
scenario?
Mr. Tucker-I do not know. These are not the Kennedy's Camelot or anything else.
Supervisor Brower-Dave have you ever done that? Have you ever had the Sheriff involved in a situation
like that?
Director Hatin-We can do it through a search warrant we would have to have probable cause.
Town Counsel Hafner-It is the County a County Sheriffs thing if that is your concern as a citizen you
should call up the County Sheriffs Office because you have more personal knowledge than anyone else,
here about what happens on your street. If they don't take it sufficient they can get a search warrant. But, I
do not think we have heard enough so far to know that. The fact that people haven't been you know,
haven't seen them for a while people move, leave. It is a high standard before you get a search warrant to
enter some ones house?
Councilman Stec-And thankfully so.
Supervisor Brower-Right now all we know is, there is junk inside we do not know anything else.
Councilman Stec-I am worried about the trash outside. Ifwe can get that taken away, right away and let
everything else run its course. I think that is reasonable, I think it is unreasonable to not address the trash
outside.
Councilman Brewer-I would agree.
Supervisor Brower-Lets modify this to clean up the outside and hold a hearing about junk inside. Are we
concerned about junk inside the house is that something we should be worried about?
Councilman Brewer-Well, it attracts rats and stuff Dennis, absolutely.
Supervisor Brower-How can they get in?
Councilman Brewer-A mouse can get in a hole the size of a dime.
Supervisor Brower-Yea. But if a mouse is in the house what do you care?
Councilman Stec-It started to sound like a Dr. Suess story.
Councilman Boor-Is this on the record?
Councilman Brewer-We care Dennis, you don't have to care but we do.
Councilman Stec-Put the cat in the hat stick him in the house with the mouse
Councilman Brewer-What about green eggs and ham Dennis, do you like green eggs and ham?
Councilman Stec- There could be green eggs in there.
Supervisor Brower-Bob, I guess that is another question I have got, if we order the outside to be done
would we have any reason to ask that the owner appear about the inside of the house.
Councilman Brewer-Other than if there is garbage inside it may.
Town Counsel Hafner-If there is garbage that could lead to vermin, rodents that continues to be a valid
health issue that you as the Board of Health can deal with, you heard
Councilman Boor-We would probably have to have the Sheriff
Town Counsel Hafner-you have taken evidence from Dave Hatin who said he has seen I do not know what
else.
Councilman Boor-You have pictures, you do have pictures.
Director Hatin-No I do not, that is what I said, I failed to do that today, and I apologize for that.
Councilman Boor-You have taken them, you do not have them with you.
Director Hatin-No, I have not taken any. No. that is one of the things I did not do.
Supervisor Brower-I thought for sure you were going to have pictures for us tonight.
Director Hatin-I planned on it and for whatever reason I did not do it. I will not make any excuses it did
not get done.
Councilman Brewer-You should go tomorrow morning and take the pictures.
Director Hatin-I can certainly do that, it is not a problem.
Mr. Tucker-You will not be trespassing will you.
Director Hatin-I have been accused of it before.
Councilman Brewer-I want the outside cleaned up however we have to word it.
Supervisor Brower-Is the out side in front the garbage in front of the house?
Director Hatin-The side and the rear, around the garage.
Councilman Stec-In the yard all sides of the yard.
Town Counsel Hafner-Is that how the Town Board wants to ...to clean the outside?
Supervisor Brower-I got a sense that we clean the outside, and maybe continue with a hearing.
Councilman Boor-I strongly recommend that you get photographs before anything.
Councilman Turner-Before anything gets cleaned up.
Supervisor Brower-You should for evidence. I think that is very important.
Town Counsel Hafner prepared the resolutions as follows:
RESOLUTION DECLARING A EMERGENCY HEALTH PROBLEM CONCERNING PROPERTY
OWNED BY THOMAS ST. JOHN LOCATED AT 10 DIVISION ROAD - TAX MAP NO.: 308.15-1-
53.2
RESOLUTION NO. 28, 2002 BOH
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
has advised the Town's Local Board of Health that he has received a complaint about a large amount of
junk and debris around the property and inside the home owned by Thomas St. John located at 10 Division
Road in the Town of Queensbury (Tax Map No.: 308.15-1-53.2), and
WHEREAS, the Director has investigated and inspected the property and has advised that there is
a large amount of junk and debris around the property and inside the home and therefore, in his opinion, the
property and home constitute a health hazard and nuisance to the neighborhood and are unsafe to the
general public and therefore the Director strongly recommends that the Board of Health take action if the
property owner fails to clean-up the property and home as more specifically set forth in the Director's letter
dated April 30th, 2002, and
WHEREAS, Robert L. Evans, D.O., the Town's Public Health Officer, has advised the Town by
letter dated May 10, 2002 that in his opinion the property and home constitute a public health nuisance and
therefore has recommended that the property and home be cleaned up and the garbage removed
immediately,
WHEREAS, The Town Board as the Local Board of Health has determined that there is an
emergency Health problem and needs immediate action to resolve
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at the hearing tonight and based on
the Board of Health's determination that there is an emergency health issue at risk, the Town Board
authorizes and directs the Director of Building and Codes to take action to clean up the garbage and debris
located on the outside of the house on this property and also
RESOLVED, that the Director of Building and Codes will take pictures prior to any action and
RESOLVED, that the Director of Building and Codes is directed to take all actions necessary to
effect this resolution.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT None
RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING
PROPERTY OWNED BY THOMAS ST. JOHN LOCATED AT 10 DIVISION ROAD - TAX MAP NO.:
308.15-1-53.2
RESOLUTION NO. 29,2002 BOH
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
has advised the Town's Local Board of Health that he has received a complaint about a large amount of
junk and debris inside the home owned by Thomas St. John located at 10 Division Road in the Town of
Queensbury (Tax Map No.: 308.15-1-53.2), and
WHEREAS, the Director has investigated and inspected the property and has advised that there is
a large amount of junk and debris inside the home and therefore, in his opinion, the property and home
constitute a health hazard and nuisance to the neighborhood and are unsafe to the general public and
therefore the Director strongly recommends that the Board of Health take action if the property owner fails
to clean-up the home as more specifically set forth in the Director's letter dated April 30th, 2002, and
WHEREAS, Robert L. Evans, D.O., the Town's Public Health Officer, has advised the Town by
letter dated May 10, 2002 that in his opinion the property and home constitute a public health nuisance and
therefore has recommended that the home be cleaned up and the garbage removed immediately,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property and home owned by Thomas St. John
bearing Tax Map No.: 308.15-1-53.2 and located at 10 Division Road, Queensbury appear to be a potential
object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and therefore
the garbage and rubbish should be removed from the home, and
BE IT FURTHER,
RESOLVED, that the property owner shall immediately commence cleaning-up the home unless
good cause is shown by Mr. St. John or other interested persons whereupon the Town Board shall consider
a time extension, and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health shall conduct a hearing
concerning the property on June 3rd, 2002 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road,
Queensbury, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owner or his
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the
property, the contents, service and filing of the notice to be in accordance with the New York Public Health
Law.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
None
ABSENT
Mr. Brewer
Discussion held re: Mr. Underwood, Bardin Place
Director Hatin-Mr. Underwood is here, he was due back at the Board Meeting tonight to discuss his
situation up at Barton Place off Sunnyside Road with an engineers report he does not have the report but he
would like to address the Board regarding that.
Mr. Bill Underwood-Good evening, Bill Underwood I was granted an extension on my variance on Barton
Place I have been in touch with Ray Buckley the Engineer about two weeks ago I talked to him he is a
tough guy to get a hold of, and he assured me that he was capable of completing the task. I tried last week
to see how he was making progress, Friday morning I got in touch with him, I said, you know the dead line
May 20th, yea stop by Monday it will be ready. I have called numerous times today stopped by his house, I
stopped just before I came to the meeting. I do not know what happened, if he was taken ill or what.
Supervisor Brower-You are requesting an extension to June 3rd?
Mr. Underwood-That would help.
Councilman Boor-Questioned if he had looked at the site?
Mr. Underwood-He has been out, I do not know how many times. Noted he is not in touch with me like he
should be.
RESOLUTION GRANTING EXTENSION
RESOLUTION NO. 30. 2002 BOH
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT ADOPTION
SECONDED BY: Mr. Roger Boor
WHERAS, Bill Underwood appeared concerning his needed variance for a septic system at his Barton
Place properties located in the Sunnyside area, and
WHEREAS, there was a resolution 18.2002 BOH which granted him until May 20, 2002 to provide the
Town Board with an Engineer's report and
WHEREAS, he has asked for an extension and the Town Board agrees,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board grants Mr. Underwood an extension until June 3rd all other parts of the
prior resolution continues in force.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 31.2002 BOH
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES:
NOES:
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
None
ABSENT: None
REGULAR SESSION
2.0 CORRESPONDENCE
2.1 Building and Codes Report -April 2002 2.2 Comptroller's Monthly Financial
3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
NONE
4.0 OPEN FORUM
Mr. Don Sipp-Mr. Don Sipp Courthouse Drive. Res. 5.7 is there a time?
Supervisor Brower- Approximately 9 pm
No one else spoke.
5.0 RESOLUTIONS
RESOLUTION AUTHORIZING INCURRING OF DEBT CONCERNING WEST GLENS FALLS
VOLUNTEER FIRE CO., INc.'S PURCHASE OF ONE (1) 2002 CUSTOM ENGINE TANDEM AXLE
TRUCK
RESOLUTION NO.: 229,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc.,
(Fire Company) have entered into an Agreement for fire protection services which Agreement sets forth a
number of terms and conditions including a condition that the Fire Company will not purchase or enter into
any binding contract to purchase any piece of apparatus, equipment, vehicles, real property or make any
improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a
"vehicles fund" without prior approval of the Queensbury Town Board, and
WHEREAS, by Resolution No.: 215.2001, the Town Board authorized the Fire Company's
purchase of a 2002 Custom Engine Tandem Axle Truck for the approximate sum of $430,000 and approved
the incurring of debt on the part of the Fire Company for the purchase, and
WHEREAS, the Fire Company has advised that it will soon receive the new Truck and has
provided the Town with additional specific financing information, and
WHEREAS, the Town Board wishes to restate its previous approval of the Fire Company's truck
purchase as delineated in Resolution No.: 215.2001 and give final approval for the financing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby restates its approval delineated in Town
Board Resolution No.: 215.2001 and approves of West Glens Falls Volunteer Fire Company, Inc.'s
purchase of a 2002 Custom Engine Tandem Axle Truck for the approximate sum of $403,950 with the
understanding that the Fire Company will sell its 1988 Saulsbury Truck and use the proceeds to cover
payments for the new truck purchase from the time of delivery until a new fire protection services
agreement with the Town takes effect in January 2003, with any excess proceeds from the truck sale being
deposited back into the restricted vehicle fund, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves the incurring of debt on the part of the West
Glens Falls Volunteer Fire Company, Inc., secured by a lien on the purchased fire truck, in the amount of
$403,950 for a 20 year term at a 4.8% interest rate for three years, monthly payments to be in the
approximate amount of $2,807, with rate adjustments at three year intervals to .3% over the three year
Federal Home Loan Bank of New York Fixed Advance Rate, provided, however, that the Town Board shall
not and does not by this Resolution create or intend to create any assumption on the part of the Town of
Queensbury of any obligation or liability for the financing.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Boor
NOES
Mr. Brower
ABSENT: None
Discussion held: change rate to 4.8% for three years. and amount of truck to 403,950. Changes to resolution
agreed to by Councilman Brewer and Boor. Supervisor Brower-This truck was replaced three years early, I
was opposed to the purchase of the new truck at that time, I believe the financing is appropriate for the
town going over twenty years and I would like to call for the vote.
RESOLUTION APPOINTING MICHAEL PALMER AS DEPUTY FIRE MARSHAL
RESOLUTION NO. 230, 2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.
Daniel Stec
WHEREAS, the Queensbury Town Board wishes to fill the position of Deputy Fire Marshal,
which position and Civil Service title was previously adopted by the Town Board, and
WHEREAS, the Executive Director of Community Development and Fire Marshal posted
availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring
recommendation to the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Michael Palmer to the position of
Deputy Fire Marshal effective June 17th, 2002 on a provisional basis until such time as he passes the Civil
Service exam for the position and thereafter, subject to a six month probation period, and
BE IT FURTHER,
RESOLVED, that Mr. Palmer shall be paid an annual salary of $28,000 to be paid from the
appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Executive Director of Community
Development, Fire Marshal and/or Town Supervisor to complete any forms and take any action necessary
to effectuate the terms of this Resolution.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT: None
ABSTAIN: Mr. Turner
Discussion held regarding starting date: Water/Wastewater Supt. VanDusen-Noted Mike is an operator at
the water plant, noted that the interview process has been started to fill his position, noting the scheduling
of the Board meetings recommended that the starting date be June 17th.
RESOLUTION ADDING FIELDING PLACE TO LIST OF TOWN PRIVATE DRIVEWAYS AND
ROAD NAMES
RESOLUTION NO.:
231,2002
INTRODUCED BY:
Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Tim Brewer
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for
private driveways and roads in the Town in connection with the 911 addressing system, and
WHEREAS, the Town Board wishes to add "Fielding Place" which is located off Fielding Lane,
off of Cleverdale Road, to its list of private driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds "Fielding Place" to its list of private
driveways and roads in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Highway Department
to arrange for installation of the necessary poles and street signs identifying "Fielding Place," and
BE IT FURTHER,
RESOLVED, that any expenses associated with this Resolution shall be paid for from the
appropriate account.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES
Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
None
ABSENT: None
Discussion held: Councilman Boor-requested a map for any new road acceptances in the Town ...Town
Counsel Hafner-Noted that can be done in the future.
RESOLUTION AUTHORIZING HIRING OF SEAN GORTHEY AS TEMPORARY LABORER IN
TOWN WATER DEPARTMENT
RESOLUTION NO.
: 232,2002
INTRODUCED BY
Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY :Mr. Theodore Turner
WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a
temporary Laborer to work for the summer for the Town's Water Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Sean
Gorthey as temporary Laborer to work for the summer for the Town Water Department commencing May
22, 2002 through August 30th, 2002, and
BE IT FURTHER,
RESOLVED, that Mr. Gorthey shall be paid $10.80 per hour as set forth in Town Board
Resolution No.: 490,200 I to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water 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 20th day of May, 2002, by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES
None
ABSENT: None
RESOLUTION AWARDING BIDS FOR PURCHASE OF WATER CONNECTION MATERIALS FOR
USE BY TOWN WATER DEPARTMENT
RESOLUTION NO. 233, 2002
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of water
connection materials for use by the Town's Water Department, and
WHEREAS, the Purchasing Agent and Water Superintendent have reviewed all received bids and
have made their bid award recommendations to the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bids for the purchase of water
connection materials for use by the Town's Water Department to the lowest responsible bidders in each
category and from the respective accounts as follows:
ITEM AND
SPECIFICATION NO.
SUCCESSFUL
BIDDER
BID
AMOUNT
ACCOUNT
TO FUND PURCHASE
1. Ductile Iron Pipe (#02-01)
Atlantic States
$ 24,766
40-8340-2899
2.
Hydrants (#02-02)
Vellano Brothers $ 9,180
40-8340-2899
3. Cast/Ductile Iron Pipe Fittings (#02-03)
40-8340-2899
ITEM AND
SPECIFICATION NO.
Vellano Brothers $ 2,304
SUCCESSFUL
BIDDER
BID
AMOUNT
ACCOUNT
TO FUND PURCHASE
4. Tapping Valves and Sleeves (#02-04)
40-8340-2899
Vellano Brothers $ 8,321
5. Copper (#02-05) Vellano Brothers $ 3,230
6. Brass (#02-06) Vellano Brothers $ 2,722.20
7. Curb Boxes (#02-07) Vellano Brothers $ 4,090
8. Hydrant Parts (#02-08) Vellano Brothers $ 1,634.60
and
BE IT FURTHER,
40-8340-4320
40-8340-4320
40-8340-4320
40-8340-4800
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent and/or
Water Superintendent to take such other and further action as may be necessary to effectuate the terms of
this Resolution.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING AZIMUTH SURVEYING & CARTOGRAPHY TO PROVIDE
SURVEYING SERVICES IN CONNECTION WITH THE MAIN STREET INFRASTRUCTURE AND
REDEVELOPMENT PLAN
RESOLUTION NO.: 234,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Resolution No.: 251.2002, the Queensbury Town Board authorized engagement
of the engineering services of Barton & Loguidice, P.c. (B&L) for the provision of additional engineering
services related to the proposed Main Street Infrastructure and Redevelopment Plan Project, and
WHEREAS, the Deputy Director of Wastewater has advised that it is necessary to obtain
surveying services in connection with this project to locate the City of Glens Falls' sewer main and
manholes, sizes and inverts for the Town's proposed connection, and
WHEREAS, B&L has advised that Azimuth Surveying & Cartography has offered to provide the
requested surveying services for an amount not to exceed $750 as delineated in a copy of Azimuth's May
2nd, 2002 letter presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Azimuth Surveying & Cartography for the provision of surveying services referenced in the preambles of
this Resolution and as delineated in Azimuth's May 2nd, 2002 letter presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment for these surveying
services in the amount not to exceed $750 shall be from the Exit 18 Corridor Enhancement Capital Project,
Capital Construction Account No.: 126-5020-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director,
Wastewater Deputy Director, Town Comptroller and/or Town Supervisor to execute any documentation
and take such other and further action necessary to effectuate all terms of this Resolution.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT GREAT ESCAPE THEME PARK ON
JUNE 7TH, 2002
RESOLUTION NO.: 235,2002
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Americade, Inc., has requested
permission to conduct a fireworks display as follows:
SPONSOR: Americade, Inc.
PLACE: Great Escape Theme Park
DATE: Friday, June 7th, 2002
TIME: 9:00 P.M. (approx.)
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 Americade, Inc., 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
Queensbury Central 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 20th day of May, 2002, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
RESOLUTION TO AMEND 2002 BUDGET
RESOLUTION NO.: 236,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town 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:
INSURANCE:
FROM:
TO:
$ AMOUNT:
01-1910-4720
(Consultants)
01-1910-4200
(Insurance Premiums)
$
5,000.
01-1990-4400
(Contingency)
01-1910-4200
(Insurance Premiums)
$ 20,000.
SHORE COLONY WATER:
FROM:
TO:
$ AMOUNT:
47-8340-4400
(Travel Misc. Cont.)
47-8330-4400
(Purification-Misc. Cont.)
$
3,000.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED TOWN OF QUEENSBURY 2002
CAPITAL IMPROVEMENT PLAN
RESOLUTION NO.: 237,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Resolution No.: 248, 200 I the Queensbury Town Board adopted a policy
authorizing and establishing a Capital Improvement Plan (CIP) for the Town of Queensbury, such CIP
Policy to serve as a plan to facilitate meeting the Town's future capital needs, including public works
infrastructure, and
WHEREAS, in accordance with such CIP Policy, the Town Board wishes to schedule a public
hearing to hear all interested persons concerning the proposed, updated CIP for 2002, and
WHEREAS, the proposed, updated CIP has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on June 3rd, 2002 to hear all
interested persons and take any necessary action provided by law concerning adoption of the proposed,
updated Capital Improvement Plan for the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning the proposed CIP in the manner provided by law.
Duly adopted this 20th day of May, 2002, by the following vote: AYES
Boor, Mr. Turner, Mr. Stec, Mr. Brewer
Mr. Brower, Mr.
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADOPTION OF FLEET MANAGEMENT POLICY
RESOLUTION NO.: 238,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, by Resolution No.: 145,2001, the Queensbury Town Board abolished the Town's
Fleet Management Policy, and
WHEREAS, the Town Board wishes to adopt a new, revised Fleet Management Policy which will
provide for management of the Town's fleet of motor vehicles, and
WHEREAS, a copy of the proposed new Policy has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury Fleet
Management Policy as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
distribute copies of this Policy to all Town Departments.
Duly adopted this 20th day of May, 2002 by the following vote: AYES
Turner, Mr. Stec, Mr. Brewer, Mr. Brower
Mr. Boor, Mr.
NOES None
ABSENT: None
Discussion held: Supervisor Brower-I felt it would have been good to have our Town Comptroller Henry
Hess as part of the committee however I do not believe that there is support for that.
RESOLUTION APPOINTING DIRECTOR OF PARKS AND RECREATION TO FLEET
MANAGEMENT COMMITTEE
RESOLUTION NO.: 239,2002
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by previous Resolution the Queensbury Town Board adopted a new Fleet
Management Policy and in accordance with such Policy, the Town Board must appoint a Department
Manager who has vehicles assigned to their Department, to such Committee, and
WHEREAS, the Town Board wishes to make such appointment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints the Director of Parks and
Recreation to the Town's Fleet Management Committee, such appointment to be in accordance with the
Town's Fleet Management Policy adopted on May 20, 2002.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
RESOLUTION AUTHORIZING REPLACEMENT OF FAILED PISTON ASSEMBLY AND
ASSOCIATED SERVICES FOR TOWN HIGHWAY DEPARTMENT TRUCK LIFT
RESOLUTION NO.: 240,2002
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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's Facilities Manager has advised the Town Board that the piston assembly
for the Town Highway Department truck lift has failed and it must be replaced as soon as possible, and
WHEREAS, the Facilities Manager has obtained proposals for the replacement, including the
creation of cement vault, and has requested Town Board approval to obtain the services of Hallock
Hydraulic Service for an amount not to exceed $13,500, and
WHEREAS, the Purchasing Agent also reviewed the proposals and concurs with the Facilities
Manager's recommendation,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Facilities
Manager to engage the services of Hallock Hydraulic Service to replace the failed piston assembly on the
Highway Department's truck lift, create the cement vault and provide any other necessary work on the
project, for an amount not to exceed $13,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the additional funding of $5,000
to be added to this project in order to fund the removal of contaminated soils, if necessary, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes a General Fund budget amendment from
Contingency Account # 001-1990-4400 to Highway Garage Bldg. Repairs Service & Supplies Account #
001-5132-4070 in the amount of$18,500, and
BE IT FURTHER,
RESOLVED, that the balance of any funds not used for removal of contaminated soil shall be
returned to Contingency Account #001-1990-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Facilities Manager, 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 20th day of May, 2002, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Turner
NOES
Mr. Brower
ABSENT: None
Discussion held: Councilman Turner-Questioned where the funding came from? Comptroller Hess-From
Contingency. Councilman Brewer-Note that the project is long over due.
RESOLUTION REQUESTING SEQRA LEAD AGENCY STATUS IN CONNECTION WITH
PROPOSED CREATION OF ROUTE 9 SEWER DISTRICT
RESOLUTION NO. 241,2002
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to establish a new sewer district to be known as
the Route 9 Sewer District, and
WHEREAS, the Town Board wishes to be Lead Agency for State Environmental Quality Review
Act (SEQRA) review of the project for compliance with SEQRA which requires environmental review of
certain actions undertaken by local governments, and
WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations
of SEQRA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby indicates its wish to be Lead Agency for
SEQRA review of the proposed new Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town's Community
Development Director to send a copy of the Long Environmental Assessment Form with a certified copy of
this Resolution stating the Town Board's intention to be declared Lead Agency to the New York State
Department of Environmental Conservation and New York State Department of Health together with all
required documentation and a letter indicating that the Town Board will be undertaking consideration of the
project identified in this Resolution, that coordinated SEQRA review with the Queensbury Town Board as
lead agency is desired and that a lead agency must be agreed upon within 30 days.
Duly adopted this 20th day of May, 2002, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
Discussion held: Deputy Wastewater Supt. Mike Shaw-This will give the Board lead agency status for the
SEQRA review on Route 9, there will be a thirty day comment period for the other agencies to comment
toward that. Once we achieve that there will be a resolution before the board to create the district and then
there will be an action in the future to hire an engineer to go to design.
Resolution setting Public Hearing on Proposed Local Law No. of 2002 to Amend Queensbury Town Code
Chapter 91 entitled "Floor Damage Prevention" pulled-
6.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR
NONE
7.0 TOWN BOARD DISCUSSIONS
Supervisor Brower-May 29th Town Board workshop regarding Main Street Project
Director Round-Representative ofB&L will be present to make a presentation on the redevelopment plan,
speaking on under ground utilities and strategies...Warren County DPW is progressing in the design and it
is necessary for us to make some strong overtures to the County as we progress...
Supervisor Brower-Thanked Chris Round and Marilyn Reba and Behan Associates for conducting the
Open Space Meeting on June 18th ... also thanked Town Board Members that were able to attend.
Director Round-Thanked the Town Board for their participation; there were over seventy people in
attendance.
Supervisor Brower-Noted he attended the Symphony Orchestra performance at Queensbury High School
on Sunday afternoon, they did a fine job.
Councilman Stec-Any update on joint assessor?
Supervisor Brower-The only information on the joint assessor I have had a couple discussions with the
Mayor and his assistant over the phone and today I asked Henry to follow up, we issued a faxed message
and I will read the content: Issued by Henry Hess to Jim Clark at the City of Glens Falls regarding the
coordinated assessing agreement. "Following up on a phone call message left by Peter MacDivit last
Friday and my conversation with Dennis Brower this morning here is a copy of our analysis of shared
costs. Discussions with Mike Swan support our belief that the Town's formula is highly favorable to the
City by passing along only its share of actual expenses. Similar inter municipal agreements generally split
costs fifty, fifty or a ratio that provides some degree of compensation to the benefactor for sharing its
employee's expertise. As you can see in the past years the Town has borne a financial burden for supporting
this inter municipal program while the Town Board is not seeking to recover past expenss. I am informed
by Dennis that the agreement for 2002 and beyond must be equitable in that it must occur promptly to
prevent interruption or discontinuance." That went off today the Mayor indicated to me that he has a sub-
committee that was working on this and he will ask them if they wish to have a meeting with the Town on
that. They are aware that if we cannot get this resolved in a couple of weeks we are going to have to take
action and ask Helen not go down to the City.
Councilman Stec-Earth Tech yard repair?
Supervisor Brower-Earth Tech has indicated that, I have not heard from the Water and Sewer Board
meeting, if they pass it there they will take care ..
Councilman Stec- They were waiting for a resolution. Up date on Speed Limit request on West Mt. Road?
Supervisor Brower-I have no idea. It went to the County and they send it to the State and the State does the
study and determination.
Councilman Stec-Requested the speed wagon.
Supervisor Brower-That is still on request.
Councilman Stec-For Counsel, as resolution for curbs on Coolidge. That was identified last year to finish
the curbs in Broad Acres.
Town Counsel Hafner-Noted he would speak to the Highway Superintendent.
Councilman Stec-Noted that the road is on the paving schedule.
Comptroller Hess-Noted he is going to a meeting tomorrow night on retirement incentive and a change in
program both have an impact on the Town. I will gather information on this and bring it back to the Board.
Two options: 1. Twenty Five, Fifty five any employee with twenty five years of service would be eligible
to retire at fifty five years without any penalty for early retirement. 2. Retirement incentive to give
employees a month of service bonus for every year of service they will be able to retire with ten years of
service at age fifty five without penalty if offered and accepted by the Town, with the possibility of retiring
at age as low as age fifty with five percent reduction in benefit for each year under age fifty five. Within
the next thirty or forty five days the Town will have decide what action it is going to take on those two
Issues.
Supervisor Brower-Comptroller Hess do you have a member number for Crandall Library for tonight or for
the 3rd?
Comptroller Hess-We did get some numbers from the library, they provided the membership and usage
population that will be used in the formula for this years taxes. It is not too meaningful yet because it is
only half the formula, the other half is assessed values, which have not been established yet. I will make
up a brief chart just trending membership and the usage by the Town and by the other two communities that
use the library and give that to you before your next meeting.
Supervisor Brower-Councilman Brewer, do you have a report on the parade?
Councilman Brewer-Next Monday at 10:00 am. Noted there will be two essays that will be read by
children from the high schools, Congressman Sweeney is supposed to be there... Where do we stand with
the Bay Ridge Transfer? Do we own it yet?
Town Counsel Hafner-They have provided us with a proposed deed we asked them for title they said they
do not have title and don't intend to get it for us and we gave you a memo saying that if you would like us,
you can take it without checking title but that is not how we would recommend or you can authorize us to
call Bay Street Abstract and ask them to do a title search.
Councilman Turner-Questioned if it was surveyed?
Town Counsel Hafner-I will not know that until I see the abstract that might refer to a filed map. Do you
want me to report to them that the Town Board expects them to provide an abstract of title?
Supervisor Brower-I think that would be an appropriate response. The only other issue is the water system
is shared with Oneida Community Church, the Church would prefer not to have to drill their own well if
they can continue to use it. We have concerns, asked Chuck Rice ...
Comptroller Hess-Didn't we resolve that by saying we are going to provide them with non potable water.
Building and Grounds Supt. Chuck Rice-That was never resolved with me.
Supervisor Brower-Noted that the church did call today about it wanting to know the status, would like to
arrange a meeting.
Councilman Boor-Questioned if the use of the water was a lean right?
Town Counsel Hafner-Noted it was often a deeded right, that would show up in a title. We recommend
that the town get title before they take it.
Supt. Rice-You are sharing a water supply that is not going to get much use the fire department for
whatever reason used the water for washing trucks and whatever else they did up there so the well got used
I would assume a fair amount. If we take it over and unless the building is used for something I am not
aware of it is not going to get used like it did, it will sit dormant most of the time because it is going to be
used primarily for storage. If that well sits there not being used I do not know what could start growing for
bacteria whatever and all it is going to take is one kid ignoring a non potable water sign and taking a big
gulp of water and we are going to have a problem. Maybe I am being a worrywart and maybe there is a
way around this but I do not want to be the one that is going to be controlling this building and have people
coming after me.
Supervisor Brower-noted he was worried about the legal implications; the well is physically in the building.
Superintendent Rice-The well is in the basement of the fire station and piped a crossed to the church.
Comptroller Hess-We have not received any proposals for the use of that building yet although there are
some being developed, I am not so sure that the characterization that it is not going to be an occupied
building is correct.
Superintendent Rice-Which ever way this goes the concern needs to be laid out on the table that when you
are sharing a common water source like that if anything goes sour on it people are going to be exposed to
this risk.
Councilman Turner-Questioned if it was a shallow or deep well?
Superintendent Rice-I have no idea.
Supervisor Brower-Noted one option would be for the church to put in a UV system if they do not want to
drill a well.
Town Counsel Hafner-We will not know until we see the title if the church has actual right or whether it is
a license which is something the town could revoke. If they have a deeded right if we take it we subject to
them having that right.
8.0 ATTORNEY MATTERS
8.1. Hudson Pointe update The bottom line is Nimo is still going trough the process
8.2 Questioned raised about the road that connects Ogden with Division? According to the Highway Supt.
the dirt road that is used to plow between Division and Ogden is a road by use and it has been for some
time, it is not blacktopped but is maintained so they can use it. The Recreation Director Harry Hansen that
there is at one time we were to get deeded rights to this by the church those deeded rights to this property
that the connector road is over is currently owned by OSI is part of their whole parcel that they got from the
Faith Bible Church that they intend and the Town Rec. Dept. envisions receiving the Town Board accepts it
in the future as an extension of the park along the river there, at that time the Town would have a road by
use but would have a dedicated. The Highway Supt. and the Recreation Commission envision this as being
access to the park from both roads. This is all possible future things.
Supervisor Brower-Asked for further comments hearing none requested an executive session.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 242.2002
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 moves into an Executive Session to
discuss a personnel issue.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION
RESOLUTION NO. 243.2002
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and
Regular Town Board Meeting.
Duly adopted this 20th day of May, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury