Loading...
2002-07-15 REGULAR TOWN BOARD MEETING JULY 15TH, 2002 MTG. #33 RES. 288-303 7:03 P.M BOH 42-46 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Ralph VanDusen, WaterlWastewater Superintendent Mike Shaw Deputy Wastewater Superintendent Bruce Ostrander Deputy Water Superintendent Mike Travis Deputy Highway Superintendent PRESS: Glens Falls Post Star Supervisor Brower called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 288, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel matter. Duly adopted this 15th day of July, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 289, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 15th day of July, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 290, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters as the Queensbury Board of Health. Duly adopted this 15th day of July, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT: Mr. Brewer (Councilman Brewer re-entered board meeting) QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - MARK & HEATHER MCLEOD NOTICE SHOWN 7: 12 P.M. SUPERVISOR BROWER-Is anyone here on behalf of the applicant? Mr. Jarrett. MR. TOM JARRETT -Good evening, Tom Jarrett representing the applicant and with me tonight is Heather McLeod. MS. HEATHER MCLEOD-Good evening. MR. JARRETT-The McLeods have an existing septic system that is, at best, substandard and at worse, not functioning very well and they wish to replace it with the system primarily in the same location as is currently, currently the leaching system exists. However, we plan on raising this system. When we investigated the site we found very haphazard soil conditions and a tight layer, essentially a boundary layer at about twenty-four inches deep. So, our proposal is to build a raised Eljin System, at least eighteen inches above grade. There's an existing pump in the house and that would be reused and a new septic tank would be put in followed by this new leaching system. We need three variances. One is from the road, the property line along the road. One is the separation to the house foundation and one to Lake George. SUPERVISOR BROWER-Is this affecting any wells in the region? MR. JARRETT-We investigated, physically found no wells and Heather talked to all of her neighbors and found no wells on any of the adjoining properties, they all draw from the lake. SUPERVISOR BROWER-Okay. COUNCILMAN BOOR-The variance often feet from the property line, is that homeowner here or is there a letter from that homeowner? MR. JARRETT-That's along the road. COUNCILMAN BOOR-The ten feet? MR. JARRETT-Yea. COUNCILMAN BOOR-From the property line, number 2? COUNCILMAN STEC-Or is that their structure, ten feet rather then twenty. COUNCILMAN BOOR-It says its supposed to be twenty and we have ten here. MR. JARRETT -Oh, setback to structure, ten feet versus twenty. COUNCILMAN STEC- That's the McLeod's structure. MR. JARRETT-That's the McLeod's house. COUNCILMAN BOOR-Oh, okay. Alright. MR. JARRETT -Yea, and we plan on installing an impermeable barrier along that foundation wall to make sure there's no penetration. If you grant this variance, what we will have to do is go back and prepare final design plans that would be submitted to Dave's office for review. COUNCILMAN BOOR-How many bedrooms? MS. MCLEOD-Three. SUPERVISOR BROWER-Any other questions of the applicant at this time? Okay, hearing none, thank you and we'll ask for public comment at this time. Is anyone in the room here in support of Mark and Heather McLeod's application for variances and would like to speak? Is anyone here opposed to the application that would care to speak? Would anyone like to speak at all about this application? Okay, hearing none, I guess I'll close the public hearing at this time. PUBLIC HEARING CLOSED 7:16 P.M. SUPERVISOR BROWER-We don't have any correspondence regarding this? DEPUTY TOWN CLERK BARBER-No. SUPERVISOR BROWER-Okay. COUNCILMAN BOOR-When you elevate this, what is the mechanism here now, you're using sand or? MR. JARRETT-New imported fill that will be loamy sand essentially. COUNCILMAN TURNER-Any bedrock there? MR. JARRETT-No. I say that but let me double check. No. SUPERVISOR BROWER-Okay, any further questions of the applicants by any board member? COUNCILMAN STEC-No. SUPERVISOR BROWER-Okay, hearing none, do I COUNCILMAN TURNER-The only thing I would say that looking at the houses that are up on Rockhurst Road and seeing what's there, it's very limited as where you can put a septic system anyway and most of them are right out by the road. SUPERVISOR BROWER-Do I have a motion? COUNCILMAN STEC-I'll move it. COUNCILMAN BOOR-I'll second it. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF MARK AND HEATHER MC LEOD BOARD OF HEALTH RESOLUTION NO.: 42, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Mark and Heather McLeod have filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of a replacement wastewater system: 1. ninety feet (90') from Lake George instead of the required one-hundred feet (100') setback; 2. ten feet (10') from the structure instead of the required twenty feet (20'); and 3. seven and a halffeet (7.5') from the road and nine feet (9') from the property line instead of the required ten feet (10') setback; on property located at 91 Rockhurst Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on July 15th, 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 variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Mark and Heather McLeod's application for variances from the Sewage Disposal Ordinance to allow installation of a replacement wastewater system: 1. ninety feet (90') from Lake George instead of the required one-hundred feet (100') setback; 2. ten feet (10') from the structure instead of the required twenty feet (20'); and 3. seven and a halffeet (7.5') from the road and nine feet (9') from the property line instead of the required ten feet (10') setback; on property located at 91 Rockhurst Road, Queensbury, and bearing Tax Map No.: 227.13-2-37. Duly adopted this 15th day of July, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None HEARING REGARDING HEALTH HAZARD - PROPERTY OWNED BY FREDERICK & DEBORAH WALKER, 21 ZENAS DRIVE MR. DAVE HATIN, Director of Building & Codes-If the board will recall, two weeks ago, you passed a resolution to set a hearing for tonight. Since that time, I've been in touch with the bank and also the company whose in charge of the clean up through contract with the bank. Unfortunately, unless we keep pushing the issue, it seems to get lost in the shuffle. I was in contact with both companies today, I did advise the girl I talked to at the bank that I would be forwarding a resolution tomorrow if you pass this resolution tonight basically ordering the cleanup in three days. She assures me that she thinks she can make that happen but I will send the resolution anyway to make sure that it does and she seems pretty confident that it will be taken care of by the end of the week. COUNCILMAN BOOR-So, your recommendation is to what, that we pass this resolution? MR. HATIN, Director of Building & Codes-Pass this resolution just in case they should fail to but this will also be the incentive to carry it out. COUNCILMAN BREWER-Will this give you the, this won't give you the authority like it did before when you went and had Chuck cleanup? MR. HATIN, Director of Building & Codes-It will, if they fail to do so. I guess we'll wait and see what happens Friday but they do have a company in place to do that. They did receive a bid from that company and the girl told me that she was going to authorize cleanup today or tomorrow morning but I would like to have the resolution just in case. COUNCILMAN BREWER-Do you have pictures of this? MR.HATIN, Director of Building & Codes-Yea. (submitted pictures to Councilman Brewer) COUNCILMAN BOOR-Dave, if you don't get a response, would you act on Thursday or Friday of this week? MR. HATIN, Director of Building & Codes-Probably Friday, by the time I serve them, it will be tomorrow then three days will be Friday. COUNCILMAN BOOR-Three days as of passing of this. MR. HATIN, Director of Building & Codes-Actually, when they get notice. SUPERVISOR BROWER-Comment from board members? COUNCILMAN STEC-No, I think Dave's plan is a good one. Hopefully, they will clean it up by the end of the week but if they don't, MR. HATIN, Director of Building & Codes-So far we've been successful with getting the bank to clean it up. COUNCILMAN STEC-I don't want to hold it up three more weeks for another and that's what we would do if we didn't pass this tonight. MR. HATIN, Director of Building & Codes-Right, that's why I'd like it passed tonight. COUNCILMAN STEC-His hands would be tied for three weeks. SUPERVISOR BROWER-Is that a motion? COUNCILMAN STEC-Yes it is. COUNCILMAN BOOR-I'll second it. SUPERVISOR BROWER-Is anyone in the room connecting with this property? Okay. We've got a motion and a second, let's vote. RESOLUTION ORDERING CLEAN-UP AND SECURING OF HOME AND PROPERTY OWNED BY FREDERICK AND DEBORAH WALKER LOCATED AT 21 ZENAS DRIVE, QUEENSBURY (TAX MAP NO.: 301.12-3-54) BOARD OF HEALTH RESOLUTION NO. 43,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Director of Building and Codes (Director) and Local Health Officer previously advised the Town's Local Board of Health that there was a large amount of garbage, junk and debris inside the house and around the property owned by Frederick and Deborah Walker located at 21 Zenas Drive in the Town of Queensbury (Tax Map No.: 301.12-3-54) and therefore, in the Director's opinion, the property and home constitute a public health hazard and nuisance to the neighborhood and are unsafe to the general public and therefore recommended that the Board of Health take action if the property owners failed to clean-up the home and property, and WHEREAS, on July 1st, 2002, the Local Board of Health declared the home and property to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and ordered Mr. and Mrs. Walker to commence cleaning-up the home and property, and WHEREAS, the Local Board of Health held a hearing concerning the home and property on July 15th, 2002 and notice of this hearing was served in accordance with the provisions of the New York Public Health Law, and WHEREAS, the Director has advised the Local Board of Health that he has again inspected the home and property and Mr. and Mrs. Walker have not cleaned-up the home and property, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Frederick and Deborah Walker have not commenced cleaning-up the home and property located at 21 Zenas Drive, Queensbury, such home and property being a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous, and BE IT FURTHER, RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New York Public Health Law, hereby orders Frederick and Deborah Walker to abate the nuisance and health hazard by cleaning up the garbage, junk and debris in the home and on the property within three (3) days of the date of service of this Resolution and Order upon Mr. and Mrs. Walker and posting on the home and/or property, and BE IT FURTHER, RESOLVED, that if the nuisance is not abated within such time, then the Local Board of Health hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to clean-up the home and property immediately in accordance with the emergency provisions of the New York Public Health Law, and BE IT FURTHER, RESOLVED, that in accordance with the New York Public Health Law, Frederick and Deborah Walker are responsible for the clean-up expenses and the Local Board of Health may authorize and direct Town Counsel to commence an action seeking a Court Order authorizing the clean-up and/or collection of the cost of the clean-up, including legal expenses, if necessary. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None MR. HATIN, Director of Building & Codes-Mr. Salvador has to apply for a variance for his property on Alexy Road, a septic variance and Tom Jarrett is in the process of preparing the paperwork. Mr. Salvador would like to know if it's possible to get that hearing for this variance set next Monday if you have a workshop? Could you just pass the resolution to set the hearing for your next board meeting, would that be possible? Councilman Boor, Councilman Turner, Councilman Stec noted that they agreed. Councilman Brewer noted that he doesn't vote on resolutions at workshops. PUBLIC HEARING - SEWER VARIANCE - WILLIAM UNDERWOOD NOTICE SHOWN 7:25 P.M. MR. WILLIAM UNDERWOOD-Good evening, I'm William Underwood, absent my engineer. He has to, did he talk to you Dennis, cause he had an appointment before the board, the Glens Falls Board and he said that he would be a little late getting here. So could we hold it off? SUPERVISOR BROWER-He's coming tonight, though? MR. UNDERWOOD-He said he'd be here, yea. COUNCILMAN STEC-We can come back to it, I suppose. MR. UNDERWOOD-Could we come back to it? SUPERVISOR BROWER-Sure. COUNCILMAN BOOR-Do you want to just leave it open and then revisit? COUNCILMAN BREWER-No, we've got to go out of the Board of Health though, right? COUNCILMAN STEC-We can come back in. SUPERVISOR BROWER-We would go out and then come back in, that's fine. PUBLIC HEARING LEFT OPEN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 44, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 15th day of July, 2002, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted for the record that the Town Clerk's Monthly Report for June 2002 has been received and filed. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR COUNCILMAN STEC-Ijust got a bid from the Highway Department to finish up those curves we talked about on Coolidge and I apologize for this short notice but the Highway Department encouraged me to try to get this out tonight so that they can get it done in plenty of time to pave again this year so we don't run into the same problems. I think it's for eleven thousand five hundred dollars and Catalfamo was the low bidder again. I just got it tonight and I asked Bob to throw something together. So, if the board would be willing to entertain, I think it's a pretty straight forward resolution. COUNCILMAN TURNER-Yea, I think we should. COUNCILMAN STEC-Ijust don't want to hold offfor three weeks. COUNCILMAN TURNER-It's getting late, it's mid July. SUPERVISOR BROWER-You're working on it now? TOWN COUNSEL HAFNER-I worked on one, I just finished it. SUPERVISOR BROWER-Do you want to read it into the record? TOWN COUNSEL HAFNER read the following resolution into the record... RESOLUTION AWARDING BID FOR DESIGN AND CONSTRUCTION OF CURBS ON COOLIDGE AVENUE RESOLUTION NO.: INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board authorized the bidding for design and construction of curbs on Coolidge Avenue, and WHEREAS, the Town Purchasing Agent and Town Highway Superintendent duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Purchasing Agent has duly received and opened all bids, and WHEREAS, the Purchasing Agent and Town Highway Superintendent have recommended that the Town Board award the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the bid for the curb design and construction on Coolidge Avenue in the Town of Queensbury is hereby awarded to the lowest responsible bidder, AI. Catalfamo Construction Company, Inc., in an amount of $18.55/foot for a total cost not to exceed $11,556.65, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes and directs the Town Comptroller to arrange for payment to such company from the appropriate account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Purchasing Agent, Town Highway Superintendent and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. SUPERVISOR BROWER-We'll hold off from the vote until after the other resolutions. PUBLIC HEARING - PROPOSED ORDINANCE "ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT" NOTICE SHOWN 7:30 P.M. SUPERVISOR BROWER-Mr. VanDusen and Mr. Ostrander, good evening gentlemen. MR. RALPH VANDUSEN, WaterlWastewater Superintendent-Just briefly, I'd like to, a very, very brief history of how we got to the point where we are right now. Shore Colony is a special district within the town and what that means is, there's a defined area on a map that we provide water to a relatively small number of residents within the town up in the Assembly Point area. When the developer originally did the subdivision he installed a water system, had the wisdom to turn it over to the town for their operation and for a lot of years, maybe forty years or so, we would just take water from the lake add some chlorine to it, it would go into a holding tank and eventually feed the customers of that Shore Colony District. The Federal Government passed a regulation called the Surface Water Treatment Rule that meant that any public water supply that is either a surface supply or under the influence of a surface supply, must filter. We hired an engineer to develop a plan for us and an application for the Health Dpartment to put in a filter system that would meet the Health Department regulations, the DEC regulations and be reasonably affordable. We investigated several possibilities. Tried drilling a well, like an infiltration gallery near the edge of the lake without success. Ended up with the system that we finally constructed over the past winter. The system is relatively simple as filtration systems go. It's a two step filtration, the first step is a relatively course filter, it's called a bag filter and I have one of them here. It's just like a big sock that the water would go into the inside and this would trap the relatively large particles. The Health Department would then require that we have a very fine filter, fine enough that will trap either any crypto or Ghiardia that happens to be in the water, by nature they plug relatively quickly. We started the season off with a pleaded filter which is what the design engineer recommended and the state as well. They're relatively expensive, they worked exremely well at removing turbidity and removing bacteria but had a relatively short filter life. We met with a manufacturer's rep up there at Shore Colony, we ended up with, after discussions with him with a different combination of pore sizes, of openings within the filters and came up with a combination that was significantly cheaper to operate but still extremely expensive. The filter that we're using now, the final filter is a polypropylene, it's relatively smooth and actually acts as a three dimensional filter. In comparison to the pleated filter, it has a relatively long life. It's still, all of these are disposable filters. You use them, they get dirty, you throw them away. Unfortunately, as we we're receiving our final inspection by the Health Department the end of April, we learned that the Health Department was going to require that we actually send someone to inspect this system seven days a week. Previous years we had put in instrumentation and were only inspecting three days a week and the Haith Department was fine with that, they had no issues. We were led, we were certainly never led to believe that it would be anything different. We appealed the local ruling to the main office in Troy and the head of the Bureau of Public Water Supply came to the decision that all public water supplies that filter and eventually all public supplies will be inspected seven days a week. Unfortunately, from a budgeting standpoint, we had budgeted money to change filters, we had also budgeted money to provide labor to do that inspection three days per week. Just labor alone, for three days a week, was budgeted at just over four thousand dollars for the six month season to be able to do that. Labor to go to a seven day a week operation using our personnel, we expect to be just under ten thousand dollars. That money is not budgeted, it's not there. So, we knew we were going to have a shortfall. We felt that we needed somehow to address that. We sat down, we came up with three separate areas of possible costreductions. One was changing the filters from this pleated type to a smooth type, that will save some money. We are currently investigating the operational expenses. We have solicited some prices from private operational consultants to compare those with what it would cost us for our own people. We are also investigating the possibility of using a, someone that lives locally up in the Shore Colony area to cut down on transportation costs and it's much more convenient for thern. We're still hopeful that we can find someone that would fill that need and save some additional funds there. The third way to reduce costs is to reduce the amount of water. Because these are disposable cartridges, they have a limited ability of a certain number of gallons of water before they plug. If we can reduce those gallons of water, we can reduce the costs. It's probably a little hard to see but on the easel I plotted a graph of what the water consumption has been so far this year. We feel that the peaks, obviously the paks coincide with weekends and common sense says that there are more people there on the weekend that are probably going to use more water but we feel that if we can shave the top off of a lot of those peaks by restricting the amount of water that's used. By restricting water that would be used to water lawns, by restricting water that would be used to fill ponds or other nonessential residential water use. We had discussion with Town Counsel and that brought about the, where we are today, as far as an ordinance that would restrict that. COUNCILMAN BOOR-On hiring a local, what are the ramifications for the town as far as responsibilities, insurance, whatever? MR. VANDUSEN, WaterlWastewater Superintendent-This would be an employee like any other employee. Well, there's two options. One is to use as a contract employee, you contract for their services. COUNCILMAN BOOR-Outside contractor. MR. VANDUSEN, WaterlWastewater Superintendent-Right, that is one option. Treating them as an hour employee would be another, obviously they would be subject to our workmen's comp and you know, what other costs we have for a short -term employee, similar to like Recreation hiring people for the summer. From a licensing standpoint, we're required to submit a monthly report to the State Health Department governing the operation and that person, if we use a contract operator, that person would be licensed, so it would be his license that it would reflect on. COUNCILMAN BOOR-How hard is it to get a license? MR. VANDUSEN, WaterlWastewater Superintendent-It takes a certain number of years experience and training so realistically, the Health Department, we had a conversation with the District Office about that. In fact, they strongly encouraged finding someone local to use that and then either have Bruce or myself would just, quote, sign the monthly report indicating that it was observed by a licensed operator. Well, both Bruce and I have a concern about just rubberstamping that. COUNCILMAN BOOR-Yea, it's your name. MR. VANDUSEN, WaterlWastewater Superintendent-So, we're certainly going to have to have some involvement. It will be possible that we certainly can train someone to be able to perform daily inspections, routine, as long as that person is just, here's condition A, this is what we're going to do. You know, we would still, Bruce and I would still have to be available by phone and in the event that that person couldn't be there for whatever reason, then we would have to fill it with another person. COUNCILMAN BOOR-In, not worse case scenario but the most maintenance that anyone given time would require how much time? All filters have get changed? MR. VANDUSEN, WaterlWastewater Superintendent-Well, actually there are two housings that hold these, there are five of these in one stainless steel housing. So, if you go up there and let's just say, there's an automatic valve that would switch from one to the other, well, if you get there and it has switched, you need to change the other five. The first time I did it, it took me ten minutes. It's a relatively short thing. COUNCILMAN BOOR-So, it's not a time intense thing. MR. VANDUSEN, WaterlWastewater Superintendent-It's very much not. Assuming that there's nothing major wrong, I would expect once you're there, about fifteen minutes per day. COUNCILMAN BOOR-The other thing is, we talked about this I think informally one time, is there any kind of filter that can be put on the intake that would prolong the life of these filters? MR. VANDUSEN, WaterlWastewater Superintendent-A screen, one of the things we looked at was at, the building, drilling this well, what's called an infiltration gallery where you use some soil to prescreen that. The characteristics of the soil right there at our building was a fair amount of clay and just couldn't get enough water through. That's what this sock does. This sock is relatively inexpensive. These cost how much? MR. BRUCE OSTRANDER, Deputy Water Superintendent-Seven fifty... thousand gallons. MR. VANDUSEN, Water/Wastewater Superintendent-Yes, so we're changing two of these a week, would you say? MR. OSTRANDER, Deputy Water Superintendent-Something like that. COUNCILMAN BOOR-These service how many homes? MR. VANDUSEN, Water/Wastewater Superintendent-There's, I think, forty-two customers in the district and about five customers outside the district. COUNCILMAN BOOR-And what you're asking tonight is, what exactly? MR. VANDUSEN, Water/Wastewater Superintendent-Well, we feel there's a three prong attack to reduce costs. Investigating filters, combinations, we're doing, we will continue to do, that's something that we certainly need to do. We're investigating the option of reducing our labor costs and we're asking the customers to reduce water use by putting a restriction on outside use. COUNCILMAN BREWER-What this resolution does is reduce the water use in the beginning of the three step process, it's the first step of the process. MR. VANDUSEN, Water/Wastewater Superintendent-Beginning, yes. COUNCILMAN BOOR-Way of reducing wear and tear essentially, right? MR. VANDUSEN, Water/Wastewater Superintendent-Yea, correct. COUNCILMAN STEC-Ralph, this would likely be rescindable once the water meters are installed? MR. VANDUSEN, Water/Wastewater Superintendent-The way it's written, this would remain in effect until the board rescinds it. What we envision at this point would be a, between now and next year, investigate a rate structure. A lot of possibilities but one is that, all outside use must be metered. We may go with a flat, or if you choose, well, for instance, a lot of people up there have private wells, there's certainly no reason that they can't pipe in a hose bib off their private well and use that to water their lawns or use it for outside use. And that's fine, we would encourage that. The other option that comes to mind right away is, is metering that outside use. So, if someone chooses, you know, if you want to use this water to water your lawn, then you would pay for that. Our concern and why we didn't go that route right of way is just the involvement of developing that rate structure now. The practicality of trying to get meters installed and operational, this was a much quicker fix for that. COUNCILMAN STEC-But I mean, the point of my question is, that this isn't likely to be in effect for many years? MR. VANDUSEN, Water/Wastewater Superintendent-I know, I had a conversation with Bob about that today, when he drafted that, his envision was that this would be a temporary stop gap thing. COUNCILMAN STEC-Like under twelve months? MR. VANDUSEN, Water/Wastewater Superintendent-We will be discussing COUNCILMAN STEC-Like, when watering season? MR. VANDUSEN, Water/Wastewater Superintendent-Yes, yes, it will somewhat depend on what we develop as a rate structure for next year, you know, for next season I guess I'll say and the board will become very actively involved in it. COUNCILMAN STEC-Yea, because I mean, we're talking about an inconvenience to customers but however, I mean, I think that, you know, conservation in this instance is certainly warranted. MR. VANDUSEN, Water/Wastewater Superintendent-This is certainly, yes, it's conservation to attempt this to be able to operate within operating, to minimize the deficit. COUNCILMAN STEC-But, you know, if there's a public concern in Shore Colony that this is going to be a burden, you know, I mean one thing to point out is that it's temporary. MR. VANDUSEN, Water/Wastewater Superintendent-Oh, certainly, the purpose of having a public hearing, if you hear from the public tonight, that they overwhelming say, I don't care what it costs, I want to be able to water my lawn seven days a week, twenty-four hours a week, you can take that into consideration and ignore this and just operate in a deficit. COUNCILMAN STEC-And ultimately, this water district will pay for it. I mean, it's not like, you know this is coming out of the general fund. If they say they want a man stationed there twenty-four seven and we're willing to pay for it, God Bless and they can pay for it. MR. VANDUSEN, Water/Wastewater Superintendent-That's right, one of the benefits or downfalls of a special district is, they have to support their own financial, yes. SUPERVISOR BROWER-The way I read this though, Ralph, they could, they could still wash their car seven days a week as long as they use a handheld hose. MR. VANDUSEN, Water/Wastewater Superintendent -Sure. Yea, or water your flower garden or whatever, yea. COUNCILMAN STEC-Or fill a pond. COUNCILMAN BOOR-But that's not a problem, is it? MR. VANDUSEN, Water/Wastewater Superintendent-If you want to stand there and hold the hose, you can do that. COUNCILMAN STEC-So, alright, this, the way, I wasn't sure that, it wasn't a hundred percent clear to me, as long as you're holding the hose. I mean, you can be using a handheld hose and if you're not holding it, it's still a handheld hose. Do you know what I'm saying? Like, you could set a sprinkler up and walk away from it. MR. VANDUSEN, Water/Wastewater Superintendent-Yea, actually, that comment was made to me by a resident up there that, you could interpret this that way and I would ask to Bob, I guess as to whether we need to clarify it? COUNCILMAN STEC-Right. I mean, I think I know where you wanted to go but, and what came to my mind is because the last few weeks, all I've, I've been moving the sprinkler around the yard and I'm not, certainly not going to water my lawn by standing there and holding the hose, and I don't think that's reasonable. MR. VANDUSEN, Water/Wastewater Superintendent-Well, one of the comments, a comment was made to me that what if someone puts a statute and has a hose going through the statute's hand, is that a handheld hose. COUNCILMAN STEC-It depends on how, you know. COUNCILMAN BOOR-Well, I sort of hope that the public understands the situation, also, I mean I don't think anybody wants to COUNCILMAN STEC-We may want to accommodate lawn sprinkling is what I'm, my point is. I don't think it's reasonable to expect somebody to COUNCILMAN BOOR-It's not permanent, it's, you know COUNCILMAN STEC-Right. MR. VANDUSEN, Water/Wastewater Superintendent-Okay, actually, there is someone here tonight that is prepared to address the requests to change that. So, I would suggest that when you get to the open session, listen to his comment and see what you think. SUPERVISOR BROWER-Any other questions for Ralph or Bruce at this time? MR. VANDUSEN, Water/Wastewater Superintendent-Bruce put handouts for the board of the cost and the graph on that. We have copies here on the table if anybody in the audience would like them. SUPERVISOR BROWER-I was going to say, your chart shows a seven-day a week inspection per household cost of two hundred thirty-six dollars and eighty cents per household, per season, I assume? MR. VANDUSEN, Water/Wastewater Superintendent-Yea, per season. SUPERVISOR BROWER-Cause this isn't year round operation. MR. VANDUSEN, Water/Wastewater Superintendent-Right. SUPERVISOR BROWER-Filter and bag costs at seventy dollars per house per hold per season, that's three hundred six dollars and eighty cents plus the cost of water, right? MR. VANDUSEN, Water/Wastewater Superintendent-Well, it would be plus electricity and chemicals, yes. SUPERVISOR BROWER-And 0 and M, 0 and M costs? MR. VANDUSEN, Water/Wastewater Superintendent-Well, it would be like telephone, electricity and whatever maintenance is done, yes. SUPERVISOR BROWER-So, what do you project the average user will MR. VANDUSEN, Water/Wastewater Superintendent-At this point, obviously it's going to be, if you do it with the seven days a week, it's certainly going to be more then three hundred. My comment to the Health Department when they told me seven days, I said, you realize that you are, we've already doubled the cost of people's water to add filters, we will double it again if we do this, and they said, they understood that. SUPERVISOR BROWER-And didn't care, really. MR. VANDUSEN, Water/Wastewater Superintendent-Well, that's a fair conclusion, I guess, yea. That's right, their concern was that they're going to be telling everyone in the state, every public water supply in the state, in fact, as result of this question, I know a memo went out to every district office in the state that public water supplies will be required to do seven days a week inspection. The irritating part from our standpoint, we put instrumentation in that, with a phone dialer that when it sees low pressure, when certain things happen, low chlorine, high chlorine, whatever, that goes back to a manned treatment plant on the Corinth Road COUNCILMAN BOOR-But that's not good enough. MR. VANDUSEN, Water/Wastewater Superintendent-And that's not good enough. COUNCILMAN BOOR-Well, I hope the public, and I know we're going to hear from the public but I hope the public understands that we're held to the standards of a higher authority and we can only do what's allowed. COUNCILMAN TURNER-Yea, exactly. COUNCILMAN BOOR-It's not something we want to do and if anybody here has a way of making it less expensive, we'd love to hear about it. MR. VANDUSEN, Water/Wastewater Superintendent-Oh, and if you have a complaint for Mike Burke, the district office, I'd be glad to give you his home phone number. COUNCILMAN BOOR-Yea, so it's not like it's something I think we're happy about. UNKNOWN-Is he the guy we have to call? MR. VANDUSEN, Water/Wastewater Superintendent-Yea. UNKNOWN-What's his name? MR. VANDUSEN, Water/Wastewater Superintendent-His name is Mike Burke, bur k e. He lives in Latham. COUNCILMAN STEC- Why don't we just ignore it for ten years, you know, I mean, that seems to work around here. MR. VANDUSEN, Water/Wastewater Superintendent-Actually, we have ignored it. COUNCILMAN STEC-I mean, you know what I'm talking about. MR. VANDUSEN, Water/Wastewater Superintendent-I know who you're talking about, yes. COUNCILMAN BOOR-Well, there's fines, I'm sure we can be fined. COUNCILMAN STEC-You know who I'm talking about. MR. VANDUSEN, Water/Wastewater Superintendent-We actually, went through an Administrative Tribunal, Dennis and I, over the issue and ended up successfully getting the time limit extended and at that point, we signed a Time Table Of Compliance Schedule and we were able to meet that schedule. COUNCILMAN STEC-Nice guys finish last, Ralph. SUPERVISOR BROWER-And it was very much like a court room, even though it was held in a district office. I mean, the Administrative Hearing Officer was just like a Judge. MR. VANDUSEN/Water/Wastewater Superintendent-Very much so. SUPERVISOR BROWER-The way he asked for evidence and things of that nature. Thank you very much. At this time, we'd like to ask anybody that would like to comment on this public hearing to feel free to come forward and address the board on this issue. Yes sir, please just state your name and address for the record, please. MR. DAVE WILCOX-My name is Dave Wilcox, 26 Forest Road, Assembly Point. I'm speaking tonight as an individual, not as President of the Assembly Point Association which is taking no position on this ordinance to restrict outdoor water use of the Shore Colony Water District. I support the intent of the ordinance and recommend further restricting outside use of district water. It's widely recognized that watering of lawns and gardens is most effective during the early morning or late afternoon when water is less likely to evaporate. Accordingly, I suggest that the ordinance include language that restricts lawn and garden watering to periods from six a.m. to nine a.m. and six p.m. to nine p.m. I further suggest permitting use of a sprinkler or a soaker hose for the purpose of lawn and garden watering. Requiring the person who is watering a lawn as, Mr. Stec has already alluded, to hold the, to physically hold the hose may have a contrary affect to that intended by the ordinance. I suggest that users will bcome impatient and use more water rather then less during a shorter period of time. This is likely to cause the water to runoff rather then to soak in and be useful by the plants. By permitting garden and lawn watering during restricted hours only, but allowing use of sprinklers will help to meet the objective of the ordinance. Accordingly, I recommend adding a sentence. For the purposes of lawn and garden watering only, the use of sprinklers is permitted during the hours, and one can choose whatever hours one wishes to use and I do have a sentiment that I'd like to express to make sure that whatever is written, be written so that a lawyer can't weasel is way and fill a pond. Thank you. SUPERVISOR BROWER-Thank you, sir. Would anyone else care to address the board at this public hearing? UNKNOWN-Mr. Supervisor, can we have a short question and answer session with the individuals that gave the report? SUPERVISOR BROWER-If you'd like to come forward and ask questions ofMr. VanDusen, certainly, I think he'd be prepared to answer your question. MR. MIKE KELLY-My name is Mike Kelly, 27 Honeysuckle Lane. I don't have anything prepared but I do have a couple of specific questions. One is, I appreciate the effort that went into generating the graph, although, conspicuously absence is historical data and I know that you stated that some of the additional expense incurred was due to the April ruling that a daily inspection take place as well as the significant cost of the filters. I am curious though as to whether the district was aware of how much water has been used historically in Shore Colony? MR. VANDUSEN, Water/Wastewater Superintendent-I can tell you that the meter that we're using now has been in place for several years. We're aware of the total volume of water that had been used over the course of the season but because we had never been there every single day we were not aware of the gallons per day. In other words, the gallons per month or the gallons per six months we're aware of history. The gallons per day, fall within that same pattern, you know if you add them up. MR. KELL Y -So, in terms of the usage of the filters over any reasonable amount of time, one should have been able to have predicted filter consumption over, say, two week period. MR. VANDUSEN, Water/Wastewater Superintendent-We did a pilot study the end of the summer last year to try and determine how many gallons of water we would be able to get through these filters. It was a relatively short test and we were under the time constraint of the Health Department as to how long we could spend doing that. But given the water quality that occurred during that time period, we did calculations as to how many filters we would need and budgeted for that, based on the pilot study. It turns out the water quality changes somewhat during the season in the very fine particles, you know and is having an affect on that filter life. We're seeing a slight variation already from, say the month of May to the month of, early part of July. We have money budgeted to buy filters, that's really not the issue, it's the labor that is what's breaking our back. MR. KELL Y -On that subject, you had mentioned that a typical daily visit to the facility could take on average maybe ten or fifteen minutes. Was the method for calculating the labor costs affectively counting that along with transportation and fuel and .. MR. VANDUSEN, Water/Wastewater Superintendent-Yea, what we would typically, from the time, if we leave, depending on when in the sununer, obviously, it's a longer trip in July and August then it is in May or October, it averages out, it takes about an hour to go from the, we have someone that goes out every single day, collecting samples within the Queensbury Water District, from the time they leave there, they drive to Shore Colony, they do the checks that are necessary, whatever work is necessary and get back into the central part of Queensbury, is approximately an hour a day and that's what we've billed in the past and that's what was budgeted for this year. Again, it was three days instead of seven. Now, on weekends because we don't have somebody out collecting samples, they would have to come in and leave the treatment plant on Corinth Road to go in and that's running right now, between an hour and a half and an hour and three quarters. Our contract says that we pay people at two hour call-ins so that' what we would be billing, it would be a two hour call in on overtime rates. MR. KELL Y -Thank you. I would just like to make one other statement which is that primarily on the point, on the weekends and I do a fair amount of walking around while I'm there and quite frankly, I really don't see that many people using water outside. I mean, there's an occasional car washing, an occasional sprinkler and I understand the intent is to trim the peaks off of, what we see in the graph here and in no way am I implying that the restriction should be more severe but I think that the water usage that we're seeing is just general day to day usage and I think very little of it, is really outside usage. And I agree with Mr. Wilcox's assessment of a possible remedy with respect to when one could water. Thank you. SUPERVISOR BROWER-Thank you, sir. Would anyone else care to address the board at this time? Yes, SIr. MR. TIMOTHY MORIARTY-My name is Timothy Moriarty, I live at 12 Honeysuckle Lane and I had a couple of questions for Mr. VanDusen. Was this, the decision by the Department of Health, was this a final determination? In other words, was it something that could be appealed? MR. VANDUSEN, Water/Wastewater Superintendent-I assume anything can be appealed. The Director of the Bureau of Public, the District Office actually was supportive. After we had a conversation with the District Office, they were supportive of the argument that we made, they really were very much, as long as the instrumentation was there, they felt that they could see merit of using technology to minimize these costs. They made a sales pitch to their supervisor which would be, well, their supervisor and his supervisor, and ultimately again, that's the Director of the Bureau of Public Waters Supply and the comment that came back to me from them, was that they had their head handed back to them and that under no circumstances. My opinion is that there was severe criticism of these same people by the Washington County Fair situation and they feel they need to err on the side of the public health rather then take a chance. MR. MORIARTY-Did you receive any of this information in writing or was this all done orally? MR. VANDUSEN, Water/Wastewater Superintendent-Most was orally, Bruce, we got the memo didn't we? Yea, most of it was oral, I believe that we received a memo confirming that. I could check that. MR. MORIARTY-Was there anything in any of the information that you received that gave the town department, the Town Water Department the right to appeal? MR. VANDUSEN, Water/Wastewater Superintendent-No. There was nothing mentioned, there was, in the memo that we received, there was no mention of an appeal process or the right. MR. MORIARTY-Would you consider making an appeal? MR. VANDUSEN, Water/Wastewater Superintendent-I guess if the board requested that, I, the only person to appeal to above that would be the Commissioner of Public Health. COUNCILMAN BOOR-Yea, just so that I'm clear, when you say appeal, what portion are you speaking of when you say, are you talking about having to man it seven days a week as opposed to three? MR. MORIARTY-Yes. COUNCILMAN BOOR-Okay. MR. MORIARTY-That seems to be the ultimate problem here is the increase in labor costs. My experience in government would dictate that everything is appeal able, so, you might want to consider that. MR. VANDUSEN, Water/Wastewater Superintendent-Okay, I can certainly research that to find out the steps necessary. MR. MORIARTY-I would think that certainly the size of the water district offorty-two customers might be extenuating circumstances whereas, other water districts I assume are in the thousands, tens of thousands, so that maybe something that might be appeal able. MR. VANDUSEN, Water/Wastewater Superintendent-I asked that question just of the other, there are, there's a fair number of public supplies on Lake George that draw their water from the lake that fall into the same regulations and I asked that question, is this going to pertain all of them as well and I was told yes it would. I said, you mean this season, and they said yes. I understand that there is a water supply that is owned by a homeowner's association and run by a homeowner's association and I have just heard off the cuff comments that they plan on ignoring it. The, from my standpoint, if I do that, they will take away my operator's license. TOWN COUNSEL HAFNER-The town can't do that. MR. VANDUSEN, Water/Wastewater Superintendent-I'm not particularly interested in ignoring it. I understand the appeals process and I don't disagree with that but. SUPERVISOR BROWER-Well, I would also think there might be some liability attached to that so, I think we're best erring on the side of caution. MR. MORIARTY-How many water districts are there in the Town of Queensbury? MR. VANDUSEN, Water/Wastewater Superintendent-Right now there are two. There's one called the Queensbury Consolidated Water District which draws it's water from the Hudson River and there's the Shore Colony District. MR. MORIARTY-And we know that there's about forty-two customers in the Shore Colony, about how many are there in the regular Queensbury water district? MR. VANDUSEN, Water/Wastewater Superintendent-Just over seven thousand five hundred. MR. MORIARTY-Has any consideration ever been given to combining the two? MR. VANDUSEN, Water/Wastewater Superintendent-The problem that you run into is the rates that are charged the customers is far different, the indebtedness is by far different. Generally speaking, whenever districts have been consolidated, the rates have been exactly the same or at least the philosophy, the treatment process and the billing process has been exactly the same. I don't know, from a legal standpoint, I don't know whether you could or not, I don't know. MR. MORIARTY-Because, according to my calculations the cost of the galloneage in the Shore Colony District is much in excess of what a normal water district would be. MR. VANDUSEN, Water/Wastewater Superintendent-No question, you are a hundred percent correct. His comment, and I agree that the cost per thousand gallons of water in Shore Colony is excessive in comparison to most water districts in the state. MR. MORIARTY-Okay, that's all the questions I have. I just have one other comment. I installed the water last year, about fourteen months ago and I was under the impression when it was put in, I'm a relatively new resident of the area, of that area and that it would be approximately a couple hundred bucks a year in addition to the startup cost of the instruction and also the cost that the town had to put forth to lay the line, etcetera. I was quite surprised when I got a bill of about three times that amount this year. So, one of the reasons that I think that I would be looking ... at the, any of, any additional tweaking of the system or of any regulations, is that it seems like every time I get a correspondence from the water district, it's costing me money. It seems like this is an incremental type of situation. Now it's imposing restrictions on the water use, next meters, next increase perhaps increase in the cost per thousand gallons, whatever. It seems to me as though, one solution would be to comine the two water districts and make it a more viable, one viable water district rather then saddling forty-two customers with excessive costs. Okay, thank you. SUPERVISOR BROWER-Appreciate your opinion. Thank you sir. Would anyone else care to address the board at this time? Yes, Ma'am. MS. CAROLYN PARISI-I'm Carolyn Parisi, 33 Honeysuckle Lane. And I do have a question for you, sir. What is involved in training a lay person or someone in the district to do most of the labor costs? In other words, changing the filters, inspections and whatever? MR. VANDUSEN, Water/Wastewater Superintendent-Basically, on a relatively simple level would just, would be to train someone to do the daily inspection, recording of numbers, being able to recognize when there was a problem and changing the filter cartridges, is a very simple thing to do. To take the next step of diagnosing problems, troubleshooting the system would be relatively complex. Certainly, if we were to use a local person, my recommendation is that, you know, you've got a written procedure, this is what's going to happen when this condition occurs, this is what you do, and you have a telephone number of somebody to call, you know for advice. The thing that we have to be sure of is that, if we choose to deal, I would recommend that if we choose to deal with someone that lives up there, it certainly has some real advantages. We have to be concerned about the liability issues of an employee and I would think that we don't want, I'm going to make up a number but ten or twelve different people doing i as to, you know, like on a rotating schedule cause we need COUNCILMAN BOOR-Accountability. MR. VANDUSEN, Water/Wastewater Superintendent-But getting one, somebody that might be able to do it is very possible. MS. P ARISI -Yea, I'm looking at possibly having two people, one is a backup if someone happens to be out of town or something like that, that would cover. You know, that type of situation. MR. VANDUSEN, Water/Wastewater Superintendent-I would consider that very doable with the right person. MS. PARISI-So that basically, we could almost eliminate almost all the labor costs except for emergencies which you would have budgeted anyway. MR. VANDUSEN, Water/Wastewater Superintendent-Well, assuming that you had someone that is willing to do it for free, yea, yes. COUNCILMAN BREWER-Does it bring our, labor issue, is our union involved? Is that an issue that we have to think about? MR. VANDUSEN, Water/Wastewater Superintendent-I guess that's always a potential. COUNCILMAN BOOR-It's a legal matter, isn't it? TOWN COUNSEL HAFNER-We do have a union that says certain work has to be done by union employees, I don't know. COUNCILMAN BREWER-So, those are things that we have to consider also. MS. PARISI-Well, the union is also pricing the water out of the range of people being able to afford it. You've got fixed income people you're dealing with here and you're going to add COUNCILMAN BREWER-I'm not saying no or yes, I'mjust saying those are issues we have to consider. MS. P ARISI -Yea, I know but this is something that has to be considered. You've got people that are on fixed incomes that can't afford these constant increases of it. You put meters in, we're going to have to pay for the costs of the meters too and all the labor that goes with that plus the water. MR. VANDUSEN, Water/Wastewater Superintendent-Right. MS. PARISI-You know COUNCILMAN BOOR-It's of little consolation but you realize, we're not the ones putting these MS. PARISI-Yea, no, I realize that but COUNCILMAN BOOR-I mean, we want to help. MS. PARISI-But somewhere along the line someone's going to have to give and we can't continue paying through the nose when there's very little, well, when the well's dry, there's no more money to come from and that's, if necessary, maybe we've got to, it's got to be negotiated to the union contract for one location. That's basically what you're talking about here. MR. VANDUSEN, Water/Wastewater Superintendent-I agree. SUPERVISOR BROWER-Thank you. Would anyone else care to address the board at this time? Yes, Ma'am. MS. DIANE NAGENGAST-My name is Diane Nagengast, I live at 27 Honeysuckle Lane and I'm not prepared but anyways, I don't see that the resolution is going to do that much because I too don't see any abuse of water use on the point at all. I would like to know what you could advise us as Shore Colony to do to try to combined into the water district of Queensbury and I know you say the whole town shouldn't be supporting us. However, our taxes is supporting a lot of other things. Basically, our school taxes are based on the whole city and I only know of one kid that goes to school on the point because we're mostly seasonal. We don't have sewer system so we're not a drain on the town as far as that goes. When you put in a new development, there's infrastructure that goes in to support that, you know, sewers, water, whatever, we're supporting that. Curbs, that's another subject that came up tonight. So, I think we're supporting everything else, yet we're being divided out that we're using too much water. So,if you could, I'm not speaking SUPERVISOR BROWER-Well, it's not that you're using too much water, well it is. MS. NAGENGAST-Well it's costing a lot of money. SUPERVISOR BROWER-The increased use of water is going to cost more money per average customer. MS. NAGENGAST-Right. But I'mjust saying, other places in the area has to be in balance, like one house on a hill has to cost more for the fire department to go to their house with no hydrants compared to a city street that has hydrants. So, there's imbalances everywhere that we're supporting. So, if I could bring it to Shore Colony, how of, you know, the legality we have to follow to get into the main water system district, whatever you call it, like the other seven thousand people, I would like to know how we can start that process? Okay? Thank you. SUPERVISOR BROWER-Would anyone else care to address the board at this time? Yes, sir. MR. WILCOX-Dave Wilcox with a follow up comment. Not to contradict my neighbors but there is one rather hidden outside use that most people aren't aware of and that's the filling of the pond and I just didn't want the board to get the impression that there was not outside use that shouldn't be prevented, that should not be prevented. Thank you. SUPERVISOR BROWER-Thank you, sir. Ralph, could I ask you to come forward again? Mr. Wilcox just brought up a subject of filling the pond, would you just kind of bring the board up to speed on that, please? MR. VANDUSEN, Water/Wastewater Superintendent-Sure, there's a pond that's located in Shore Colony Water District, there's a water service that is used solely for the purpose of adding water when necessary to the pond to add to the natural water table that's there. COUNCILMAN STEC-It's an unlined pond? MR. VANDUSEN, Water/Wastewater Superintendent-It is an, I don't know. UNKNOWN-It's not lined. UNKNOWN-No, it's not lined. COUNCILMAN STEC-It's unlined. UNKNOWN-It's more like a mud hole and it's flooding it's neighbor's foundation. MR. VANDUSEN, Water/Wastewater Superintendent-There's a water service there and we ran into an issue at one point on the an ..., a vacuum in a cross connection which they've addressed. UNKNOWN-Can't hear you. MR. VANDUSEN, Water/Wastewater Superintendent-Okay, well, anyway, over the years its been a subject of discussion of the neighborhood of the town and it's my understanding that originally the pond was filled with water from the lake. They found it less expensive at that point to get water from, on a very flat rate system from the water district and COUNCILMAN STEC-And the neighbors. MR. VANDUSEN, Water/Wastewater Superintendent-Well, and it's used occasionally. I know, I've been there when it's running, I've been there when it's not running. SUPERVISOR BROWER-Thank you, Ralph. Any further questions of Ralph or Bruce at this time? COUNCILMAN STEC-Ralph, you don't have any idea, wager a guess, how much water that pond may consume in a season? MR. VANDUSEN, Water/Wastewater Superintendent-Actually, I'm sure the people that live there have a better feeling then I do as to how often that they run it. COUNCILMAN STEC-Is it a big pond, small pond? MR. VANDUSEN, Water/Wastewater Superintendent-Relatively large, relatively shallow. You know, there's a fair amount of garden hose running to get to the pond, my guess is, it probably runs, they have two hoses that go in and it's maybe a gallon or two per minute. But if you turn it on and leave it all day, you're talking, you know, a couple three thousand gallons a day. UNKNOWN-He runs it every weekend. UNKNOWN-All weekend, every weekend when the resident is there. COUNCILMAN STEC-Oh, there you go, a lot of gallons. I did, just for the purposes of discussion, I did like a lot of suggestions, changes in addition to that, Mr. Wilcox had and I would propose to include them but I'd like to see if you concur, Ralph? MR. VANDUSEN, Water/Wastewater Superintendent-I think the only question I have with his proposal, it isn't clear to me that, it sounds, I think in addition to the restrictions we have, you would also be allowed to use a sprinkler or soaker hose during certain hours, is that what the intent was? MR. WILCOX-The intent was to add that after sentence one in the ordinance. MR. VANDUSEN, Water/Wastewater Superintendent- Okay, so the handheld would only be during certain hours or handheld is anytime or not at all? MR. WILCOX-Handheld is any time, I didn't touch the first sentence ..., I was trying to make it simple. MR. VANDUSEN, Water/Wastewater Superintendent-Okay, so then this would be something like two or three hours in the morning and two or three hours at night. COUNCILMAN STEC-Well, I think that helps crystallized the uncertainty or the spirit of what's intended here, that obviously and I don't think it's an abuse to use a sprinkler to sprinkle the lawn and I'd like to clarify that. MR. VANDUSEN, Water/Wastewater Superintendent-There are, I can tell you there are some residents that would disagree. I have, I get emails on a very regular basis of when people are watering their lawns up there. They're also, what, a concern I have in the wording, the last paragraph ofMr. Wilcox's letter is for the purpose of lawn or gardening watering, my guess there will be an argument made that that's a water garden and he's watering his water garden. So you want to make sure if you word this, that you make it very clear that the fact that your adding waters to a mud hole. COUNCILMAN BREWER-That's getting into something I don't want to get into. MR. VANDUSEN, Water/Wastewater Superintendent-Well, I don't, Ijust SUPERVISOR BROWER-I frankly like the use of handheld hose only frankly, with the understanding that the principal idea is to reduce the consumption of water overall for the district. We have to worry about, if you're going to have an ordinance like this, you have to have enforcement too, you know. Otherwise, why have an ordinance? COUNCILMAN BOOR-Which in, also creates more manpower. I'm not being the devil's advocate here but I certainly, if we pass something like this, we have to have somebody that will spend time to go up and make sure that it's being SUPERVISOR BROWER-Would this be, this would be code enforcement that would be responsible for this, correct? MR. VANDUSEN, Water/Wastewater Superintendent-Well typically, yes. Yes, except my gut feeling is that any violation, most violations of this ordinance that may occur are probably going to be nights and weekends. Code enforcement in Queensbury is a Monday through Friday nine to five job. SUPERVISOR BROWER-That's my point. MR. VANDUSEN, W ater/W astewater Superintendent -Yea, and what that realistically means is when, if a resident calls the Queensbury Water Department and says there's such, you know, such and such is currently doing this, then Ralph or Bruce are going to get a phone call and we will be, I guess I'll feel an obligation to go there to have discussion, to take whatever steps are necessary. That's going to be an expense to the district for me to go and I mean, I know the goal is to minimize the water use but it's going to pain in the neck, no question. UNKNOWN-You're going to increase the liability to us, and the amount of money to us and when you guys come out to enforce it, it's going to cost even more money. Sometimes you shoot the messenger. COUNCILMAN BOOR-What it essentially comes down to is, as neighbors, you need to be vigilant with your neighbors which is an ugly situation because people have different MR. WILCOX-There's one with whom and nothing will matter. COUNCILMAN BOOR-Right, right. COUNCILMAN STEC-At the start of all this we talked about this being a stop gap measure, what would be involved, I mean, ultimately where we need to go is we need to get forty-two water meters installed. MR. VANDUSEN, Water/Wastewater Superintendent-Well, the problem with that is, it's a seasonal supply and the meters have to be installed probably in the spring and removed in the fall so they don't freeze and you're talking about a sizeable investment in meters and a sizeable expense every year to install. COUNCILMAN BOOR-And are these specific meters that are made to easily come in and out or are they MR. VANDUSEN, Water/Wastewater Superintendent-Well, there's a relatively quick connection, yes but it's, I mean, if the decision is made to meter every customer up there, it will be a very expensive venture. COUNCILMAN STEC-Could you meter clusters? COUNCILMAN BOOR-It doesn't do much good though, does it, if we say like we've got an individual that's using a ton of water. MR. VANDUSEN, Water/Wastewater Superintendent-An option would be to just meter outside water use and if you want to have a hose bib for instance that you want to use for outside use, a rate be developed for that and that would be in addition to a flat rate residential use for water inside. You know, there's some discrepancy from one camp or one home to another, as to how much water gets used inside but it's relatively small in comparison to someone that never waters their lawn versus someone that waters every weekend twenty-four hours a day. COUNCILMAN BREWER-Their water garden every weekend. MR. VANDUSEN, Water/Wastewater Superintendent-Yea. So, I guess, I'm, right now its, we need to, this needs to evolve but I'm thinking that right now, my recommendation for our rates for next year will include a, would be a flat rate for a typical residential inside water use and then that all metered used outside, or all water used outside would have to be metered and a cost developed for that. So but, whatever that cost is, is reflected in that metered rate and if someone wants to use it, whatever, then they pay for that. And if you choose to do that twenty-four hours a day, it's going to get extremely expensive. COUNCILMAN BOOR-I can't think of a fairer way to do it but. MR. VANDUSEN, Water/Wastewater Superintendent-Yea, I don't like that but I think it's the fairest. COUNCILMAN BOOR-I know. SUPERVISOR BROWER-Give me the, an idea again on the average cost of a meter? MR. VANDUSEN, Water/Wastewater Superintendent-Well, the meters we're using now, the current cost just to buy the meters is a hundred and fifty dollars. COUNCILMAN BREWER-And then you've got labor. MR. VANDUSEN, W ater/W astewater Superintendent-That's not installed, that's just in a box. Typical installation is fifty bucks. COUNCILMAN BOOR-Now, when these would come out, I mean, you talk about seasonal use, I mean, that seems somewhat troublesome. COUNCILMAN TURNER-You'll have to break the connection to drain it. COUNCILMAN BOOR-Because, yea, you break it the connection and what if somebody decides they're going to, I mean, I guess it's incumbent on the owner as to whether this happens or is it incumbent on us to determine? What happens if somebody shows up in January and says, you know, we planned on being in Florida all year but we decided we want to take a UNKNOWN-There's no water. MR. VANDUSEN, Water/Wastewater Superintendent-November 1st, we shut the water off November 1st and drain our system, at that point, when you shut the system down, you'd pick up each meter that was there. COUNCILMAN BOOR-Alright. MS. PARISI-The other problem is, you've got people who have wells that would use the same outside ... to the well as they would for the Shore Colony water. MR. VANDUSEN, Water/Wastewater Superintendent-Right. MS. PARISI-So, you'd be metering their well water. SUPERVISOR BROWER-Ralph, do you have anything else you want to add at this point? MR. VANDUSEN, Water/Wastewater Superintendent-No, not at this time. SUPERVISOR BROWER-Thank you. Sir, if you'd like to come forward again. MR. MORIARTY-Timothy Moriarty. Regarding the enforcement, somebody touched upon earlier, I have a well so that if I was to sprinkle my lawn, I would use the well water. Yet, would I expect a swat team to be coming down and you know, arresting me for having my sprinkler on? I mean, this seems kind of ludicrous. The other, I didn't want to go into the metering because I thought that the issue tonight was quite narrow regarding the proposal here but Mr. VanDusen brought up an issue, if I'm understanding him correctly, he's saying that there would be a cost associated with the installation of meters. Is that correct? SUPERVISOR BROWER-Right. MR. VANDUSEN, Water/Wastewater Superintendent-That's COUNCILMAN BREWER-Typical. MR. VANDUSEN, Water/Wastewater Superintendent-Well, there currently is within the rest of the town. COUNCILMAN BOOR-The other water district. MR. MORIARTY-Well, alright because, what I have here, when I was getting this information together to come up here this evening, I looked at a document that I signed just last year regarding the cost for installing the line into my house and it's, it has the heading Queensbury Water Department and in part it reads, the fee stated in each case will cover the normal cost of the service and meter installation made by the water department. So, why would there be a cost? It says right here on the document that I was provided that that would be provided at no cost. MR. VANDUSEN, Water/Wastewater Superintendent-Is that a question you want me to answer? MR. MORIARTY-Well, I'd like somebody to answer it. SUPERVISOR BROWER-Would you like to come forward. COUNCILMAN BOOR-I think I know what he's going to say, I think there's maybe a misinterpretation here but. MR. MORIARTY-How would you know that that's what MR. VANDUSEN, Water/Wastewater Superintendent-Actually, it used to be that meters were separated in costs. A few years ago, I don't have a date on top of my head but the cost of meter installation in Queensbury was lumped in with the tapping fee so that that was included. Whatever that date is, when people paid a tapping fee it includes the cost of the meter. Connections that were in Shore Colony that were made prior to that date, there was no tapping fee that was made, the developer did all that. So, it's going to be dependent on when the tap was made as to whether the fee included that or not. You're certainly correct, when you paid fee that included the cost of the meter. That would be true of a few cases within Shore Colony but not many. In other words, most of the connections have been there long enough that the fee was not included. COUNCILMAN BREWER-So, in this instance, his meter would be included. MR. VANDUSEN, Water/Wastewater Superintendent-Yes. MR. MORIARTY-Well, I'll let some of the others perhaps ask the next question that needs begging, but I'll ask it anyway, what would be the cost of the meter and the installation of the meter? MR. VANDUSEN, Water/Wastewater Superintendent-At this point, it's premature to speculate on that, I don't know. It would depend on how much of the, how much was going to metered, whether it's just outside use, total use. MR. MORIARTY-And again, I assume that you don't have a structure as to how it would be charged. In other words, per thousand gallons or per season or per month? MR. VANDUSEN, Water/Wastewater Superintendent-I can tell you that in the rest of the town there's a quarterly metered bill based on a per thousand rate, per thousand gallons and I would assume that the same structure would be followed. SUPERVISOR BROWER-Ralph, if we metered, well, that's not even part of this public hearing so I won't ask the question. But, are you all set, Mr. Moriarty? Do you have any other questions? MR. MORIARTY-No. SUPERVISOR BROWER-Ralph, if you would sit still for a minute. I know the intention is good, I understand the intention with the Shore Colony situation. We're trying to keep the water cost to the average user in the district affordable, as affordable as possible but they are certainly, there are residents in town that use our water for, don't use our water for cooking, for whatever reason, if they have sulfur water in certain parts of the town, they'll buy bottled water. I know people that buy bottled water on a regular basis can pay anywhere from seven hundred fifty to eight hundred fifty dollars a year for using bottled water for most of their domestic needs. And I only know that because at one point in time, a portion of our town was being considered for an extension of a water district and we kind of went around and asked a few people about what their thoughts were as far as extending the water district and that's how some of their responses were. In any case, I view enforcement of this to be very dificult and potentially costly and yet I understand the intention. How do other board members feel? COUNCILMAN BOOR-I agree with what you're saying. I, you know, the ordinance may be meant to get people aware of water usage but I see a problem with enforcement. I don't know how we deal with that and does that bring about, is that, obviously, that's a cost onto itself and how is that put into the formula for what is actually being paid, what it actually costs? SUPERVISOR BROWER-If metering is done in the future for the forty-two users of the district, or however many there are at the time, and it's on their main water supply, not their outdoor water supply, I would view that probably as the fairest way we could determine a cost per, you know, set a rate for users in the district cause then if they're using outside wells, it won't register necessarily on the one main meter and that appropriate fee could be established that would be charging those people that use an excessive amount of water, quote, unquote, versus the people that use it for, mostly for domestic purposes and yet there's a cost to that. But that might be a fairer way of doing it where you're actually metering the actual water use of the district. Board members, comment? Tim? COUNCILMAN BREWER- I understand exactly what you are saying about the enforcement part about it, but and I do not know how we would charge any district back for enforcement. We do not charge any other district. COUNCILMAN BOOR-It is not an issue with any other district. COUNCILMAN BREWER-No. SUPERVISOR BROWER-It probably wouldn't be an issue COUNCILMAN BREWER-You deal with it whether, you cannot charge somebody for that, because we do all over the town for everybody in the Town. So, I do not see that as a billing issue I see it as a realistic issue on a Saturday morning or a Saturday afternoon or Sunday or a Holiday. TOWN COUNSEL HAFNER-Tim, Special Districts are different they, all of their costs have to be paid by the people within the district. If what he says is that it would be a cost to the district if they have to use their employees to go and do the enforcement then that cannot be a charge to the rest of the Town, that has to be a charge to them. Because it is a real cost it is their time. The State makes these rules. COUNCILMAN BREWER-The rest of the Town, let me just give you a scenario, the rest of the Town is a water district and if I need Dave Hatin for enforcement does he bill me for that? TOWN COUNSEL HAFNER-No, I did not say Dave Hatin, I specifically said COUNCILMAN BREWER-Oh, Water Department. TOWN COUSNEL HAFNER-his people. All the other costs COUNCILMAN BREWER-But it said Code Enforcement Officer in here also. MR. VANDUSEN, Water/Wastewater Superintendent-It says Code Enforcement or Water Department Employees and the concern was that. COUNCILMAN BREWER-I think that is to make it easier if the water department was up there. MR. VANDUSEN, Water/Wastewater Superintendent -The expectation is there, that nights and weekends it is going to be more of an issue than week days. SUPERVISOR BROWER-Dan? COUNCILMAN STEC- The enforcement question that we are talking about tonight is very similar to the enforcement issue that was discussed and debated at length about a noise ordinance. But, you have to have a jumping off point you have to have some place to start from and right now, just like the noise ordinance all we have is please and thank you. Right now all we have is please conserve water, but there is no potential for enforcement. So, I think it is important that we get off that dime and worry about the specifics of how we are going to enforce this later. I agree with, I mean it is not for me to agree or disagree it is the law. These charges have to be borne by the district, but I think what we have got here tonight is pretty good I would like to incorporate the suggestions that Mr. Wilcox had but and I would point out that this is a temporary measure anyways. If this is a disaster it is only a ten month disaster a year from now we should have water meters installed and that is ultimately the fairestway to go. But in the mean time to get to their from here to November I think we need to have something that we can point to and say you are wrong. You are operating outside of the law. Right now we do not have that all we have is please and thank you, for ninety-nine percent of the people in the world that please and thank you works. But, you have always go the one percent depending on who you talk to maybe ten percent that no matter what you do, that is why sometimes there are these laws. That is why some of the bureaucracy that we encounter in our adult lives is there because not everyone is reasonable. So, I think we need to pursue this, I think we need to go forward and I think it is only temporary so I do not think there is a big down side. COUNCILMAN BREWER-June, July, August, September, October you shut it down in November? MR. VANDUSEN, Water/Wastewater Superintendent-November one. COUNCILMAN BREWER-So, it is three months. SUPERVISOR BROWER-Ted? COUNCILMAN TURNER-Well, you know one of the major issues here is the labor costs for a seven day week inspection. That is what it is, on our side of the coin but I think there is somebody out there that can do that very inspection at a lesser cost maybe, that is closer by, that has the knowledge and has the experience to effectively inspect this special district. That would take an enormous cost off your shoulders right there and by the same token I do not know if I am talking out of school here but, the filter bags and stuff they could be changed by the same gentleman. So, that would reduce this amount by a considerable amount, I think you ought to be looking at. It is all spelled out there but I mean, you know, this is the big item right here. You can still have the ordinance but you can still reduce the cost. SUPERVISOR BROWER-Roger? COUNCILMAN BOOR-I do not think anything we are going to do tonight is going to make everybody happy. I do not think there is an easy solution to this, this is one of these unfortunate situations that is pretty unique. The only up side that I see is, that it is temporary as bad as it might be it is temporary and I think we are going to have time to probably make it better. I think the metering will be a benefit for outside watering it is the only real way to make people pay for what they use. There is not anything that I would like better than to make everybody happy, this is in my Ward but this is one of these situations where there is just no cut and dry easy solution. These are not mandates that we put on you these are mandates put on us. And we are supposed to carry them out. We have got Ralph here who is licensed what ever you want to call it he has got to obey by the law. It puts us in a situation where we need to do what he thinks is correct and we need to serve you well. I think the fact thatit is temporary is a good thing, I think that we could probably improve on anything we are going to do but I don't I do not see any easy solution to this. I think we need to do something just voluntarily cutting back would be a big help, I mean right now until we come up with meters I do not know of any other solution. There isn't a good solution, life is like that sometimes you are faced with things where their isn't a good solution. You cannot make everybody happy. I do not know if you want to take more public opinion? SUPERVISOR BROWER-Well, we have not closed the public hearing yet so but I am about to. DEPUTY TOWN CLERK BARBER-I have some correspondence. SUPERVISOR BROWER-You have correspondence, in that case lets read the correspondence at this time. DEPUTY TOWN CLERK BARBER: Read the following into the record. 12 Forest Road Assembly Point Lake George, NY 12804 July 14, 2002 Queensbury Town Board Town Office Center 742 Bay Road Queensbury, New York 12804 Attn: Darleen M. Dougher, Town Clerk Re: Resolution NO. 284.2002: Ordinance Restricting Outdoor Water Use in the Shore Colony Water District. Dear Members of the Town Board: I enclose a written statement in support of adoption of the Ordinance Restricting Outdoor Water Use in the Shore Colony Water District. I support the adoption of the Ordinance as a means of immediately controlling use of District provided drinking water as a means of controlling the costs of operation of the District's facilities. I believe this step is essential in view of the failure of at least one user of the District's water to voluntarily conserve use. However, I urge the Town Board to review permissible uses of property in the Assembly Point and other waterfront and wet land areas within the Town. Use of land in these every environmentally sensitive areas needs to be regulated in the public interest. As I have previously suggested, I do not believe that the construction of unlined ponds to be an appropriated use of land in these environmentally sensitive areas. The constant flushing of subsurface areas that unlined ponds cause causes septic and ground water runoff (which often contains the residue of lawn and other fertilizers) to be flushed into wetlands and ultimately into Lake George., The protection of Lake George as a source of drinking water is essential to the area. Properly permitted construction can occur without harm to our resources; however, unregulated activities, particularly by those for whom consideration of the overall impact of their activities on the environment does not appear to be a concern, should not be allowed to occur or contnue. Thank you for permitting me to submit my statement and to express my views in this letter. Unfortunately, I do not believe that I will be able to rearrange my schedule to attend the Town Board meeting in person. I appreciate the attention that the Town Board, the Supervisor, and the Superintendent of the Water Department have given to the challenges in the Shore Colony Water District. Respectfully, Frederick C. Tedeschi Statement in Support of Adoption of Resolution Number 284-2002 Ordinance Restricting Outdoor Water Use in The Shore Colony Water District This statement is being submitted by Frederick C. Tedeschi. I own a seasonal residence at 12 Forest Road, Assembly Point, Lake George, New York. My residence is within the Shore Colony Water District. I have owned and used the seasonal residence for more than 15 years. I support Resolution Number 284.2002 which proposes to adopt an ordinance to regulate use of drinking water supplied by the Shore Colony Water District. I recommend that the Town Board adopt the Ordinance and make it effective immediately. My reasons for support are as follows: 1. The Town has recently spent a significant amount of money to upgrade the water system operated by the Shore Colony Water District so that it meets the various applicable standards for drinking water. As a part of that upgrade, water filtration and chlorination systems were installed to treat the water drawn directly from Lake George to assure its portability. Operation of the new treatment facilities are an expense borne by the Town and chargeable to those properties within the District. Use of treated water for other than household purposes will significantly increase operating costs. Adoption of the proposed ordinance will help control water usage, and, therefore, operating costs. 2. The proposed ordinance will also help alleviate the lack of water pressure problems that occasionally occur, particularly in the areas distant from the District's pumping facility. Forest Road is one of those areas. 3. The proposed ordinance will also help reduce the adverse environmental impact that extensive use of water for the purposes cited in the proposed ordinance may cause. Extensive flushing of lands located in waterfront zoned areas as well as lands adjacent to wetlands will cause the products of septic systems and the application of fertilizers and pesticides to green areas to end up on Lake George and in wetland areas. I urge the Town Board to authorize a review of water use in the Shore Colony Water District with a view towards developing regulations to permit appropriate use of water including some limited use outside dwellings. Permitted uses might include watering of lawns and shrubbery from 7 to 9 AM on the odd/even system (houses with odd numbers in their address can water on odd numbered days, and with even numbers on even numbered days). Thank you for the opportunity to present my views. Respectfully submitted, Frederick C. Tedeschi SUPERVISOR BROWER-All Right COUNCILMAN BOOR-Dennis the only other thing I might add is Mr. Moriarty pointed out is I do not know how far it would get us but maybe and I do not know if appeal is the right word but maybe we could find out how hard and firm they are on this having to be manned with a technology. I know that you are pretty sure that they are not going to budge but would a letter from the Attorney, I do not know what carries more weight? The guy in charge of the department or the lawyer that represents the Town. TOWN COUNSEL HAFNER-We can write it and both sign it but I do know think we would have gotten here if Ralph hadn't already checked as many times as he could, we would be glad to write. COUNCILMAN BOOR-I suspect that that is the case. Can you jump up the chain or is it ? KNOWN-The Governor is always at the top. SUPERVISOR BROWER-There is a big difference too between a homeowners association operating a water district and a municipality operating a water district where we have already gotten the telephone systems in to alert the plant if something is going wrong with the chlorination or the filtering if changes needed to be made we have got that in place where the alarms are sounded and we take action. Unlike someone you know a small group of people that might not be able to monitor it like that. So, I suppose there might be a possibility they might listen to an appeal they might reject it but, it may be worth it. COUNCILMAN BOOR-I think it is worth one more shot, you know, if you want to work with TOWN COUNSEL HAFNER-I would be glad to do it, I will work with Ralph. SUPERVISOR BROWER-I am going to take a couple more comments and then we will close the public hearing. Yea, go ahead, Sir. MR. JOHN -I am John I live on North Lane in Assembly Point, Shore Colony Usually when somebody makes a decision he is there to back it up. I do not think it is fair that Ralph is here and you guys are here to back up somebody else's decision. Can we implore that person who made this decision to sit in front of us and let him or her hear the abuse that might be directed at the right person. SUPERVISOR BROWER-No, but go ahead do you have further comments, Sir? MR. JOHN -No. They will not be here? SUPERVISOR BROWER-Pardon me? MR. JOHN -They will not be able to? SUPERVISOR BROWER-They are here. MR. JOHN -Oh, they are? SUPERVISOR BROWER-Yes. MR. JOHN -That guy Mike Burke is here? SUPERVISOR BROWER-Mike Burke? MR. JOHN -Yes. SUPERVISOR BROWER-No. MR. JOHN -He is the guy from the Health Department that made this decision who you are going to appeal to and or his supervisor. SUPERVISOR BROWER-The seven day a week rule certainly did add a lot of cost it added a cost of about a hundred and twenty dollars per residential household in the Shore Colony area it is fairly significant. MR. JOH N -So who would you appeal to, and have that person here? SUPERVISOR BROWER-I do not think that is realistic its State Department of Health higharchy they would not appear here. But they will rule on a request, so yes. MR. JOHN -So, they can make a decision with total disregard to everyone else here and you guys here have to carry it out. SUPERVISOR BROWER-That is correct. We are under their mandate and if they say do it we do it. Yes, Sir. I hope you are making a statement. Ok. MR. MIKE KELLY-Well it is a question. Again, Mike Kelly, 27 Honeysuckle Lane Mr. VanDusen agreed that our usage this season has thus far really not significantly exceeded previous seasons if my supposition is correct that in general the neighborhood does not do a lot of outside watering of lawns and etc. can we expect come November since the members of the district are solely accountable for the costs incurred in the district can we expect to be sitting here in November listening to a resolution of sending all of us members another bill come the end of the year, for whatever costs are not saved in the mean time? COUNCILMAN BOOR-I am not clear. MR. KELLY-Well, we do not have the money in the budget for the filters and sending someone out daily and there is a proposal for an ordinance to save the amount of money that is currently proposed to be over the budget, well if this ordinance doesn't do the trick, will I get a bill in November for another two hundred and fifty dollars for whatever was not covered? SUPERVISOR BROWER-Yes. I would assume the answer would be yes. But, I do not know lets hear from the expert Mr. VanDusen. MR. VANDUSEN, Water/Wastewater Superintendent-Actually your expert is on vacation this week. Ifwe are not able to keep the expenses at the budgeted level we would operate it at a deficit the Comptroller Office, and please correct me if I am wrong Bob, but then we would either have to borrow up against the fund balance from that district we would take out a BAN short term loan to fund that and next years budget would be required to reflect a budget that would make up that short fall. So, the short answer is no you would not get it in November it would be spread out in next years. SUPERVISOR BROWER-But eventually they will get a rate increase, assuming that the costs don't go down or.. .Thank you sir. Yes, Sir. You have been standing there for some time. MR. FRANK ADAMO JR. -Yea, I have been trying to get up my guts. My name is Frank Adamo Jr. 203 Assembly Point Road and I have another home on Assembly Point Road but they changed the numbers so often I do not remember it now. I have been a resident and property owner of Shore Colony since 1957 or 8 I will say 1959 when I came home from the Army. My father was there two years earlier. I also have a much sympathetic view point for your point. I served as a City Councilman in Yonkers, New York from 1963 to 1971 as Vice Mayor 250,000 people and the biggest problem I voted on in eight years was whether to put fluoride the water in the City water, even the dentists hated me after I voted in favor of that and my children were threatened in school because their daddy poisoned the city. No body saved me for saving, no body thanked me for saving one cavity. I got to bring up some things because I love Assembly Point I am going to die here. This year I have been very fortunate in being present on the Shore Colon Subdivision from April 10th virtually every day because I am renovating the oldest house on the Assembly Point peninsula the old Mockridge house which was a Harris house. They told me it was built in 1787 so far we have traced it back 1830 but I am still working. Lets get back to the water. The problem that we have here is there are some people and every community has some people that run their water from dawn to dusk, run their sprinklers from dawn to dusk and then their hoses etc. from dawn to dusk. Now the neighbors would rat on these people and everybody talks about these people but nobody does anything about it and this happens. I am more concerned with the fact that what happens if we run out of water or when our pressure goes down, do I run around the neighborhood and count how many sprinklers there are and who's sprinklers are on. I have a neighbor who is not in shore colony who runs his sprinkler even during rainy days. It runs all day long, covers the road the Shore Colony the Assembly PointRoad, it runs all day. I think another problem is and this is a major problem you have to, you are going to have to meter the water. I realize you have a problem with taxes, I was in this, I was in this business all my life. When we ran out of taxes in Yonkers we passed a water frontage tax so if you had a hundred and twenty foot frontage of your property you paid a tax on that one hundred and twenty foot frontage and a water tax and it took about forty-five court cases to finally get rid of that frontage tax but it was only temporary. The people only had to pay it for fifteen years. And nobody got a nickel back. Ok. So, I think the problem is you have to put on, you got to put in meters, you got to put in meters. It is the only fair thing no matter what, I have a well I am also tapped into the lake and I use Shore Colony Water. I got three things going. The only fair way to equate the use of the water and some people are very vigilant and very good and wonderful they respect the water as we all shoud we just went through an almost drought in May and June, in April, May and June. The only way to do it is to meter each individual. Now, here is the tricky part, if the Town Supervisor and the Council search through the law department you might be able to get a from the State Assembly or the State Senate or if we go even higher to the Feds, you might be able to get some sort of stipend or some kind of adjustment for a one time only hundred thousand dollars that will pay for the meters for these forty-two people. These forty-two residents, why should they pay for the meter that is going to raise the cost of their water? If the government thinks that this water should be monitored and metered and filtered, they should be willing to assume some of the cost. They should say, well we will get instead of giving thirty thousand dollars to the aids convention in down town Brooklyn we will give thirty thousand dollars to the Shore Colony Water District for meters which will still be property of the who ever get the stipend. Second of all what is the cost going to be every year for putting them in and taking them out? Ok. Third of all we have to have policing, policing who is going to police the guy who checks the filters and checks the meters every day? We have already heard stories about what if somebody has to go on vacation? I cannot see going anyplace else in the world for vacation than Shore Colony, I love it, it is my vacation. But, what if the guy who is checking the meter doesn't show up to check the meter or he does or he says ah nobody is going to check me I will put down my own numbers. But, if you have meters everybody's number more or less would be pretty close. Now, the last thing somebody said if we transfer, we run out of money, we do not have the money for these things this year and we have to borrow money and we have to get bonding and next years budget you have to pass addenda or whatever you do you put it in the budget, couldn't somebody in West Queensbury say, wait a minute we are not i a water district why should we be paying interest on something that benefits the Shore Colony Water District. You cannot bond that only for a select forty-two people and is it only forty-two or will it be only forty-two? Is it possible that in the next five years there will be sixty-three or seventy-one people in the water district? How do we police it? The only way is with meters. I think we also got to start thinking about since we are going into this policing routine, ... I am doing a lot of history now on Assembly Point I think it is disappearing. I hope that Men in Black are not going to take my .... SUPERVISOR BROWER-Your what? MR. ADAMO-The Men in Black movie haven't you seen it? I saw it the other night first time in my life on television I was frighten to death. They are eating up the world the ... was disappearing every time I drive around the point I see another lot that is gone. The trees are gone the grass is gone what is going to happen, we have got to stop policing the area. I think you need the meters to make the honest people honest. Thank you very much. SUPERVISOR BROWER-Thank you John. MR. ADAMO-And congratulations on your job. SUPERVISOR BROWER-At this time I would like to close the public hearing I would like to ask Ralph and Bruce to come forward again. Thank you for your thoughtful comments everyone. You know I really think, as I said before, meters are the answer probably starting next year, but this year, I do see some benefit in trying to control water consumption. I think we are all aware of at least I am certainly aware of the situation you described earlier of a pond situation in Shore Colony. As a matter of fact I have seen it, it is pretty extensive situation. I have seen the new chlorination systems and the new bag filter systems and quite frankly the increase in cost to the users has been significant this year but it is a required expense by the Health Department. The Town of Queensbury is forced to operate that system and maintain it for the benefit of the forty-two users on the system. Therefore I think I could, I think I could support this ordinance, Bob could I ask you, have we ever passed ordinance with a snset clause? TOWN COUNSEL HAFNER-I don't recall us doing that, you definitely can have an ordinance which ends at a particular time there is no reason why you can't. We specifically put the remain in effect until rescinded because we had talked with Ralph and we understood one of the things the Board will be considering as part of the budget time is whether or not to meter and how to meter and we thought at that time that you might ask us to rescind or we did not know, we left it in there until you guys were able to decide where to go from there. If you want to put a sunset provision in that is easy to do. SUPERVISOR BROWER-A clause to rescind is about the same. How long, Ralph realistically, two meter these residents what are we talking? Is next season reasonable if it was budgeted? MR. VANDUSEN, Water/Wastewater Superintendent-Yes. Assuming there are two things that have to occur, one is in the budget process you adopt a budget with just X number of dollars of revenue and then to set the water rates, whether it is every six months or every three months or what ever that rate would be set as a separate hearing so it would be a two step process. That rate that would be set could include a meter rate it could be a flat rate like it is now or it could be a combination. COUNCILMAN BOOR-One more question if I could, Ralph what is the reasoning for pulling the meter, can't they be left during the winter months, can't they drained or can't there be a stop valve? MR. VANDUSEN, Water/Wastewater Superintendent-The concern is the bottom of the meter is a reservoir of water and the chamber inside, it is a bronze meter but it is plastic inside the measuring device and there is no way to effectively get all the water out of that. COUNCILMAN BOOR-No way, you cannot run air back through it? MR. VANDUSEN, Water/Wastewater Superintendent-You might get a lot of it, in a few cases you might get all and a lot of cases you will not and any freezing that occurs with that plastic chamber inside distorts the chamber and you lose the accuracy. So, that I am aware of anyone with a seasonal meters pulls it out and brings it inside. COUNCILMAN BOOR-Are these magnetic? MR. VANDUSEN, Water/Wastewater Superintendent-There is a magnetic component in there that spins..there is a plastic disk that wobbles I will say and as that wobbles a magnetic signal is transferred. SUPERVISOR BROWER-Personally I think the only way we can really control or help control and monitor this is to restrict this to hand held use only of hoses. I think it has to be very specific and very clear anything else would be very difficult I think to enforce number one and number two I think most people recognize that there is a huge, at least one large problem that we are trying to address and potentially if not more and I think that would help restrict the use of water for the remainder of this year. UNKNOWN-... SUPERVISOR BROWER-I would hold onto them for the future. I think once we get metering in then this will all go away and you can use any amount of water you want but who ever is using the water will pay an appropriate cost so that right now you are sharing all the cost the total usage and it is not really fair for some of you that are mindful of the water you are using. UNKNOWN-You know some people in Shore Colony. SUPERVISOR BROWER-I am sorry but the public hearing is over I wish you would shared that with us earlier. In any case that would be my recommendation to consider this ordinance with hand held use only. I do not know how the rest of the board feels. TOWN COUNSEL HAFNER-That is one thing someone had suggested that after hand held hose put in something like actually held in a persons hand, just to avoid someone silly argument and I have run into lots of silly arguments so I think that is something that has some merit. SUPERVISOR BROWER-I think that would be very good. COUNCILMAN BOOR-I tend to agree with Dennis and to Dave the only thing I would like to say is I think your comments are valid and appropriate should this thing be some sort of a permit thing? But since this is very temporary I think the only way we can realistically enforce it is to be a little bit harsh in the first short interim with the thought that the metering will eventually take care of this problem because as some gentlemen, mostly..no body wants to rat out the bad guy so we have to do it essentially. The best way for us to be able to do that is to have it very easy to figure out who this person is. If he is not using a hand held any time of the day it is a lot easier to enforce it. In the short term it penalizes all of you in a way but in the long run you all benefit from it I think. But, it gets too hard to enforce otherwise, and I do not think anybody here wants to pay for a huge enforcement problem. Since it would be borne by that specific district it can't be spread out from another fund orthe other districts. So, it is a tough sell in the short term but I think in the long term the problem will be taken care of with meters. I would tend to say that the ordinance is fine as Bob said with that one amendment that hand held be actually hand held. SUPERVISOR BROWER-Is that a motion? COUNCILMAN BOOR-That is a motion. COUNCILMAN BREWER-I will second it. SUPERVISOR BROWER-Asked for further comments from Board Members? Hearing none vote called. RESOLUTION ENACTING ORDINANCE NO.: 1 OF 2002 ENTITLED, "ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT" RESOLUTION NO:. 291 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury established the Shore Colony Water District (District) over forty (40) years ago and the District presently includes only forty-two (42) properties, and WHEREAS, the Town and District are now unable to measure the individual water usage of each property and so the amount budgeted annually by the Town to cover costs of the District are allocated equally among each of the 42 properties without regard to actual water usage, and WHEREAS, the New York State Department of Health (DOH) and Department of Environmental Conservation (DEC) have required significant improvements to the water processing and filtration system and procedures in the District, which have been implemented by the Town, and WHEREAS, the amount included in the year 2002 budget for the Town Water Department anticipated a certain reasonable level of service based on engineering information applicable at the time that the budget was prepared which was prior to the imposition of the additional requirements by DOH and DEC, and WHEREAS, implementation of the additional DOH and DEC requirements has resulted in significant unexpected cost increases which were not included in the year 2002 budget, and WHEREAS, the Town wishes to minimize the impact of these increased costs and has discussed various alternatives with the Town Water Superintendent, and WHEREAS, although the Town is hoping install water meters in the District as soon as possible, this cannot feasibly occur until the next budget year, and WHEREAS, the Town Board and Town Water Superintendent believe that it is vital to take immediate action to limit the impact of the increased cost of operation of the District, and WHEREAS, in accordance with Town Law ~198(3)(c) the Town Board is empowered to adopt ordinances, rules and regulations for the operation of the Water District and use of water and provide for enforcement or for the punishment of violators, and WHEREAS, the Town Board duly held a public hearing on July 15th, 2002 and heard all interested persons considering its proposal to adopt an Ordinance entitled "Ordinance Restricting Outdoor Water Use in the Shore Colony Water District" which would apply to all water users in the Shore Colony Water District, and WHEREAS, a copy of the proposed Ordinance No.: 1 of 2002 has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Ordinance No.: 1 of 2002 entitled "Ordinance Restricting Outdoor Water Use in the Shore Colony Water District" as follows: Ordinance Restricting Outdoor Water Use in the Shore Colony Water District 1. WATER USE RESTRICTION - Use of water for outdoor purposes, including but not limited to: lawn and garden watering, car washing, swimming pool and pond filling, and filling of decorative fountains shall be permitted through the use of a hand-held hose actually held in a person's hand only. No person, corporation or other entity, shall use or permit the use of District water for any outdoor purpose by any other means. 2. RESTORATION OF SERVICE- In any case where the water supply to any premises has been shut off for cause it shall be a violation for any person to restore such service without the permission of the Water Department. 3. DURATION - This Ordinance shall remain in effect until specifically rescinded by the Town Board. 4. PENALTIES FOR OFFENSES - Non-compliance with or violation of this Ordinance shall constitute a Violation, punishable by a fine not to exceed $1000 per violation. In addition, the Town Board may discontinue the water service and cut off the water supply to any premises at which the owner or occupant has failed to comply with the provisions of this Ordinance. 5. ENFORCEMENT - This Ordinance may be enforced by the Water Department and/or by any Town Code Compliance Officer and may be prosecuted in Town Court. and BE IT FURTHER, RESOLVED, that the Ordinance No.: 1 of 2002 shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a certified copy of this Ordinance in the official newspaper of the Town and publish such notices as may be required by law. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None SUPERVISOR BROWER-I want to thank Ralph and Bruce for being here tonight for answering the questions you had and I want to thank the residents of the Shore Colony district for your interest and participation tonight. I know you are probably not all pleased with the action this evening at least you understand hopefully that the Board is trying to be fair and trying to keep costs down for users of the district. Thank you. MR. VANDUSEN, Water/Wastewater Superintendent-If! could just make one comment Dennis on that. To the residents of the Shore Colony District if they feel that they have a concern that they witness someone using water in a method other than what is approved now. They should know that they can call the Queensbury Water Department the number is listed in the book, there is someone there 24 hrs. per day, seven days a week and they will contact the appropriate person to go out and do an investigation. COUNCILMAN STEC- Will they keep a log of phone calls they get to, just thinking in case we end up in Town Court? My advice would be pay attend and if you know where the problems are I would make that line really busy. RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 292.2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves back into the Queensbury Board of Health. Duly adopted this 15th day of July, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-SEWER VARIANCE APPLICATION OF WILLIAM UNDERWOOD NOTICE SHOWN 9:00 P.M. SUPERVISOR BROWER-Mr. MacElroy and Mr. Underwood are here at this time so if you would come forward please gentlemen? Good evening. If you would like to start, lets start. MR. DENNIS MACELROY-I am Dennis MacElroy with Environmental Design representing the Underwoods on this variance application. First of all I want apology for adjusting your schedule to accommodate my other schedule of a Board Meeting in the City of Glens Falls and particularly to Dave holding him here through that other public hearing. As you recall we are requesting a variance for the placement of a seepage pit serving three of the cottages within the Barton place cluster that is owned by the Underwoods. The water supply that serves those twelve units is made up of three separate wells. The site plan that has been submitted addresses concerns that you had mentioned at one of our previous meetings of the location of all of the different systems that serve those cabins. Again, the item of jurisdiction the item of the variance is specific to the seepage pit that serves cabin seven, twelve and fourteen. That particular seepage pit was replaced, re-installed by Mr. Underwood without permit and is subject to seback requirements from the three existing wells. The set backs that exist are seventy-five feet to well one, nine- five feet to well two and one hundred and sixteen feet to well three. The Department of Health requirement being one hundred and fifty feet of separation between a seepage pit leaching device and the water supply. In looking at the over all situation the over all condition in these twelve units we have a condition that doesn't meet any present day standards in terms of separation distances from the seepage pits to the water supplies. The seepage pit in question meets the one hundred fifty foot separation distance to all other off site wells an the adjacent property owners. So, again regarding this particular seepage pit we do not have any violation or deficiency in their standard for that. But, within their own on site wells, again, that serve the twelve cabins where we cannot turn in any direction without being deficient in that one hundred and fifty foot separation distance. Having said hat with discussions with Bill, the option that seemed to present the best mitigation to the situation would be a dis-infection of those water supplies. The seepage pit would remain as installed but a chlorination system, chlorination dis-infection would be installed to serve all three wells, thus providing some further protection. The wastewater system would remain as it has served that community that cluster of cottages for many, many years. Again, the mitigation proposed which would give reason to grant the variance would be the dis-infection of the water supplies and providing some further protection for those customers, for those users in the Barton Place community. COUNCILMAN BOOR-Would this be a central chlorination point for all wells or one for each? MR. MACELROY-No, the essential location we considered those various options but really there is a location and you will see on the site plan there is an existing shed structure that can be renovated and converted and serve quite nicely for the installation of the chlorination equipment that would be required and that's fairly simple. A solution tank for the chlorine feed a chlorine injector pump and in the case of this schematics for one hundred and twenty gallon tanks it would serve as a contact tank, contact tanks for the water system. The water, this is ground water now we are talking from the deep wells needs to be in contact with the chlorine for a period of fifteen minutes. So, based on the water use, the demand that comes through this system four hundred and eighty gallons of storage would be sufficient to provide that contact time. COUNCILMAN BOOR-They have automatic shut off should chlorine run out? MR. MACELROY-Yes. COUNCLMAN BOOR-In other words the system will shut down, it will not allowed untreated water through? MR. MACELROY-It can have that yes. SUPERVISOR BROWER-Will chlorination alone provide the necessary protection for consumers? MR. MACELROY-Well, it will provide dis-infection of that water supply. COUNCILMAN BOOR-But not mineral, in other words bacteria, biological it will kill out? MR. MACELROY-Correct. Again, why we are talking about chlorination dis-infection is because this has a distribution system associated with it. It is not just one point of use, where UV can be used. We talked about UV in the past I think you had an earlier item that involved UV but that was a point of use situation, here we have a certain distribution so once you make that initial kill something else could happen down the line and that is why chlorination needs to be, would be required to provide that certainty that dis-infection has taken place throughout the system. SUPERVISOR BROWER-Questions for Mr. MacElroy? COUNCILMAN BOOR-Well, I would just like I said earlier, I would want to make sure that the system would shut down should chlorination cease whatever kind of mechanism that is. Bill you would be in charge of the chlorinating or the .. MR. BILL UNDERWOOD-Yea, I have just been talking with Tom MR. MACELROY-Tom Flaherty MR. UNDERWOOD-He is going to instruct me on operation and then he will be supervising the thing...ifI understand the process correctly then I can report to him so he will be kind of training me. COUNCILMAN BOOR-Is licensing required on the part of Mr. Underwood? MR. MACELROY-A licensed operator would be typically required for a system such as this, yes. COUNCILMAN BOOR-And would it be Mr. Underwood? MR. MACELROY-Could it be, if he was properly licensed or working under a licensed operator. COUNCILMAN BOOR-Part of our resolution put in or would that be an automatic requirement that, in other words I do not want some absentee landlord showing up every once and a while and throwing chlorine in the system saying here you go, thanks. I am not saying that is the case here. But, we are talking about public health and I want to make sure that public health is protected. So, whatever kind of verbiage would be necessary to ensure that it is a licensed applicator or person to be in charge of this. I do not have anything else. SUPERVISOR BROWER-Ted? COUNCILMAN TURNER-He said it all. SUPERVISOR BROWER-Dan? COUNCILMAN STEC-I am comfortable. SUPERVISOR BROWER-Tim? COUNCILMAN BREWER-I am fine. The only concern I had is like Roger said, monitor of this system? SUPERVISOR BROWER-What kind of Chlorine feed are you suggesting? MR. MACELROY-Well, it is a standard application, it is a thirty-five gallon solution tank that chlorine solution of sodium hyper chloride is a typical chemical that is used that is then injected by a small injector pump into the water as it is flowing to into the system. We will bring a supply line from each of the wells to the chlorine treatment building, have it be treated with chlorine have the contact time and have it back to the individuals wells that then go on and serve the various houses. It is a pretty standard operation. It is a basic treatment, dis-infection, it is a ground water supply. It does not require filtration like you have heard about through Shore Colony that is a surface water that has different Federal Standards as far as treatment. SUPERVISOR BROWER-Board Members? COUNCILMAN BOOR-I would make a motion to approve with the, did you get the TOWN COUNSEL HAFNER-I have got language up to a certain point. What is the licensed, what do we call the licensed person, what is the term for that? Where the system requires a licensed to do exactly what? COUNCILMAN BOOR-In other words if it is not done properly who is responsible? MR. MACELROY -Might I suggest that it would be compliant with Department of Health requirements for operator treatment. TOWN COUNSEL HAFNER-And compliant with Department of Health requirements for operator, requires a licensed person to put the chlorine in, which is what I thought I heard you say? MR. MACELROY-Ijust want to make sure that somebody that knows what is going on. UNKNOWN-From my business, I am a commercial applicator, pesticide applicator now I could train you to go and do pesticide applications and you would be working under my license so I believe.. COUNCILMAN BOOR-I guess that's what happens, my question is, lets say that there is a illness, a water borne illness who is responsible, the person who was supposed to be chlorinating that system is who is going to fault, that is the burden is TOWN COUNSEL HAFNER-But it also is going to be the owner, that is always going to be one of the people you are adding a second person. COUNCILMAN BOOR-Well, maybe I am being over cautious, Ijust, like I said I want to be sure it is a competent, knowledgeable. UNKNOWN-Exactly that is kind of how it works, if I say ok Roger you can go do this application you mess up it is you and me that kind of thing. TOWN COUNSEL HAFNER-Do you want me to propose some language then? In the second Resolved which a number one, two and three after it and this is what I understood Roger to say and I think Dennis and Ted nodded, contingent result that, contingent upon the installation of a chlorine system where all wells on the applicants premises in a form acceptable to the Director of Building and Codes where such system shall be compliant with Department of Health requirements for operator treatment and then continue on, it makes it very long but it adds the requirements that you had. COUNCILMAN BOOR-And that the system shut down should it not be functioning properly, in other words if there is no chlorine in it I do not want the system to keep working. SUPERVISOR BROWER-Or would it be an alarm? Which is it? COUNCILMAN BOOR-How does the work do you know? MR. MACELROY-It could be either, it could be a celluloid value that shuts the system down. TOWN COUNSEL HAFNER-And where also such system have an automatic shut off as part of its system. This is really getting long. It has the requirements that they want. COUNCILMAN BOOR-Automatic shut down ... SUPERVISOR BROWER-Do we have a second? COUNCILMAN BREWER-Roger introduced it. SUPERVISOR BROWER-We have a second too? COUNCILMAN BREWER-I will second. SUPERVISOR BROWER-Seconded by Mr. Brewer. Further discussion..hearing none lets vote? COUNCILMAN BREWER-Did you open the public hearing Dennis? DEPUTY TOWN CLERK BARBER-The Public Hearing was opened initially when you were in the first Board of Health, we did not close the public hearing here, but I do not think you closed it and I do not think we asked for public comment. SUPERVISOR BROWER-But I think I may have to open the public hearing now. DEPUTY TOWN CLERK BARBER-You opened it the first time you decided to leave it open and we waited for the engineer to come. SUPERVISOR BROWER-In that case I would like to ask any members of the public at this time if you would like to come forward and comment on this application for or against please come forward at this time. MR. VANDUSEN, Water/Wastewater Superintendent-It is my understanding that this is being declared a public water supply by the Health Department? MR. MACELROY-It possibly will be, yes. MR. VANDUSEN, Water/Wastewater Superintendent-So officially unknown then at this point? MR. MACELROY-Correct. DIRECTOR OF BUILDINGS AND CODES- MR. HATIN-...We had a problem with another subdivision the other day it is fifteen units or more before they ... COUNCILMAN BOOR-How many are we looking at here? MR. UNDERWOOD-We have twelve on three wells. So in essence COUNCILMAN BOOR-So, it is under fifteen total. Ok. SUPERVISOR BROWER-Would anyone else care to address the Board during this public hearing at this time? Hearing none, I will close the public hearing 9:23 P.M. and again to refer to Board Members for any further comment? Hearing none vote taken. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM UNDERWOOD BOARD OF HEALTH RESOLUTION NO.: 45, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, William Underwood has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of a seepage pit: 4. seventy-five feet (75') from a well; 5. ninety-five feet (95') from a well; and 6. one-hundred sixteen feet (116') from a well; instead of the required one-hundred fifty feet (150') setbacks on property located at Barton Place off Sunnyside Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on July 15th, 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, contingent upon the installation of a chlorine system for all wells on the applicant's premises in a form acceptable to the Director of Building and Codes Enforcement and where such system is compliant with New York State Department of Health requests for operator treatment and where such system shall have an automatic shut -off system, the Town of Queensbury Local Board of Health hereby approves William Underwood's application for variances from the Sewage Disposal Ordinance to allow installation of a seepage pit: 1. seventy-five feet (75') from a well; 2. ninety-five feet (95') from a well; and 3. one-hundred sixteen feet (116') from a well; instead of the required one-hundred fifty feet (150') setbacks on property located at Barton Place off Sunnyside Road, Queensbury and bearing Tax Map No.: 290.5-1-19. Duly adopted this 15th day of July, 2002 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 46.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns its session. Duly adopted this 15th day of July, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None REGULAR SESSION 5.0 OPEN FORUM MRS. BARBARA BENNETT - Queensbury Re: Queensbury Farmer's Market Noted there is no parking per se and it is dangerous going in and out of the location....would like the Town to start looking for a larger space for the Farmer's Market ... MR. JOHN SALVADOR-Thank the Board for a copy of the request for proposal from the Crandall Library. Spoke to the Town Board regarding taxes paid by Amusement Facilities...noted Department of Finance will be meeting with representatives of Warren County regarding this.. .read the following into the record: (on file) Dear Commissioner: There is more than a caual concern and even heated debate in our community arising form our query of May 13, 2002 concerning the treatment of sales tax due on the "admission charge" to a place of amusement. It is not to be disputed that admission charges are taxable. We now find numerous questions ascending as to what is and what is not a "Place of Amusement". Section 11 05 (f)(1 ) of the New York State Tax Law holds that there be an imposition of a sales tax on "Any admission charge where such admission charge is in excess of ten cents to or for the use of any place of amusement in the State,..." A reading of your Department's Technical Service Bulletin TSB-D-96 (13)(S) adances the notion that a sales tax on the admission charge to certain special events even if held only annually, are due as a tax on the admission to a place of amusement. We attach the Pre-Registration Form used by the organizers of the ever popular AMERICADE motorcycle rally which has been held in the Lake George Region for more than 20 years. It appears to those of our Board of Directors that AMERICADE does 1. charge an Registration Fee (admission) 2. charge a Registration fee for which the registrant of the "A La Carte" choice receives a 1. full week pass (admission) b. decal, pin & patch (tangible personal property) c. discount coupon book (Taxable sales?) d. admission to Friday Night Spectacular (entertainment) Once again, it is not clear to us that a sales tax on the admission charge to the AMERICADE Special Event is being remitted to the Department of Taxation & Finance. There is no evidence from the registration format that a sales tax is collected in addition to the Registration Fee. We cannotlocate in records of the Warren County Clerk's Office that AMERICACE is incorporated and registered to do business in New York State or is operated as a Sole Proprietorship by Bill & Ginny Dutcher. AMERICADE is not required to obtain a Town of Lake George Business License simply because they conduct some of their activity on State Land no less. Actually. There are many businesses that sell a portion of their goods and services on State owned land or even State owned navigable waterways which require a Town of Lake George Business License. The AMERICADE Special Event organizers boast of sponsoring the largest "convention" held in Warren County with attendance in the order of 50,000 annually. At $60 to $100 a pop per registration and roughly 30,000 registrations @ 7% equates to about $150,000 in sales tax revenue annually. We hesitate to speak for the State, but our local governments could certainly use its share, if for no other reason than to help liquidate the cost of governmental services needed to spport the AMERICADE special event. We understand that the subject of sale tax and its application to admission charges is scheduled for a an exploratory discussion between representatives of your department and the Warren County Treasurer's Office sometime in August. We suggest your scope of examination be broadened to include the issue of whether or not a special event such as AMERICADE qualifies as a "Place of Amusement". We look forward to the arrival of your representatives in Warren County. Ltr. From Queensbury Regional Chamber of Commerce, Inc. John Salvador Jr. President SUPERVISOR BROWER-My understanding is that the Treasurer of Warren County alone is able to see who remits sales tax and how much and that is confidential information and he cannot even release that to elected officials by State order. If our community can maximize the legitimate sales tax return to both Warren County and the Town of Queensbury certainly we would all benefit from that. MR. PLINEY TUCKER-Re: Park at Feeder Dam how much money was involved? COUNCILMAN BREWER-The Town financed twenty five thousand of it. MR. PLINEY TUCKER-Questioned how we are going to get it back? COUNCILMAN BREWER-We made an investment as far as the contract with Feeder Dam to provide a service for us in turn down the road O'Ryan will make a donation back to the Town it is in the agreement. MR. PLINEY TUCKER-That is the power company. COUNCLMAN BREWER-Yes. MR. PLINEY TUCKER-Questioned if the old jail will be torn down when the new one is built? SUPERVISOR BROWER-No. They are probably going to reconfigure the space eventually. MR. PLINEY TUCKER-The Post Star accused of making a statement that these people in Court House Estates were your constituents and we should pay one hundred thousand dollars to move the jail fifty feet, my advice to you is think about the entire town. I am sure that jail was there and the County facility was there before Court House Estates was there and I understand that the new jail is not going to be any closer than the old jail, it is going to be sound proof, I think we can spend one hundred thousand dollars a lot better maybe building a couple more cells. SUPERVISOR BROWER-It will be sound prooffrom the perspective that inmates can't scream out the windows any more, it will not be sound proof from the fact that is will still require air conditioning systems on top of the roofs, it will. COUNCILMAN BOOR-Noted that he had looked at this, also believe that they are going to cut trees down between Court House Estates and ...you will see more because trees will be cut down. SUPERVISOR BROWER-I am not one to waste taxpayers money Pliney but in looking the situation over I felt that the fifty feet was important for I think it would make a difference. The Engineer came in with a hundred and four thousand dollar estimate he admitted to me that the fifteen thousand dollars that he had in there for retention basin work most likely would not be necessary that dropped to eighty-nine thousand he had additional cutting of trees, noted that was questioned and we might not need to and so that could be potentially another ten thousand dollar reduction, my feeling is it will be more like seventy-nine to eighty thousand dollars. Noted he felt the move of fifty feet the fee seemed excessive. MR. PLINEY TUCKER-RE: Warren Street How did our Highway Dept. get involved in doing work on a road that belongs to Hudson Falls? COUNCILMAN TURNER-That is a shared highway, we own part of it they own part of it. COUNCILMAN STEC-We are not the sole bearer of that cost as I recall, that is a joint project. DEPUTY HIGHWAY SUPT. TRAVIS-Noted Hudson Falls did a lot of clearing on one side of the road also there will be a cost for blacktop to Hudson Falls. MR. PLINEY TUCKER-Councilman Stec was quoted in the paper that the sharing of the assessor is a mutual benefit, please explain what you mean. COUNCILMAN STEC-It is a benefit to both communities both receive a subsidy from the State per parcel so there is a financial incentive and then there is benefit both being full equalization. SUPERVISOR BROWER-Asked for further comments...none heard...open form closed. OPEN FORUM CLOSED 9:40 p.m. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR NON-INSULATED, END- MOUNTED TELESCOPIC AERIAL LIFT FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 293, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a non-insulated, end-mounted telescopic aerial lift to be mounted on Unit 15 - a Ford F550 bucket truck as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for a non-insulated, end-mounted telescopic aerial lift to be mounted on Unit 15 - a Ford F550 bucket truck for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None DISCUSSION: Deputy Highway Supt. Travis-As far as non insulated to insulated we do not work around high tension lines. RESOLUTION AWARDING BIDS FOR FUEL OIL, BEST GRADE DIESEL OIL AND KEROSENE RESOLUTION NO.: 294, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Purchasing Agent duly advertised for bids for fuel oil, best grade diesel oil and kerosene in accordance with Town of Queensbury specifications, and WHEREAS, Agway Energy Products, LLC has submitted the only and therefore, lowest responsible bid and therefore the Purchasing Agent has recommended that the Town Board award the bids to Agway, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for fuel oil, best grade diesel oil and kerosene to Agway Energy Products, LLC at the following prices per gallon: LOCATION EST. QUANTITY PRICE/GALLON Qsby/GF Landfill *16,000 gals. usage Diesel 1,400 gals. usage Kerosene 275 gals. storage Kerosene $.8061 $.7936 $.7936 $.7936 $.7936 $.8061 $.8061 $.7936 $.7936 $.8061 $.7936 $.8061 $.8061 $.8640 $.8640 Water Dept. Maintenance Bldg. 3,000 gals. usage htg. 1,000 gals. storage htg. Town Office Bldg. 6,000 gals. usage htg. 1,000 gals. storage htg. Highway Dept. 34,000 gals. usage Diesel 10,000 gals. storage Diesel PRICE/GALLON LOCATION EST. QUANTITY Highway Dept. 9,500 gals. usage htg. 3,500 gals. storage htg. Bay Ridge Vol. Fire Co., Inc. 1,700 gals. Best Grade Diesel 2,500 gals. usage htg. Queensbury Central Vol. Fire Co., Inc. 3,000 gals. Best Grade Diesel West Glens Falls Vol. Fire Co., Inc. 3,000 gals. Best Grade Diesel Water Dept. Administration Bldg. 3,000 gals. usage htg. 3,000 gals. storage htg. $.7936 $.7936 $.7936 $.7936 $.7936 $.7936 $.7936 $.7936 Activity Center 4,000 gals. usage htg. 1,000 gals. storage htg. Water Dept. Generator Building 7,000 gals. usage htg. 5,000 gals. storage htg. Recreation Dept. Maintenance Bldg. 1,000 gals. usage htg. 250 gals. storage htg. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to arrange for payment to Agway Energy Products, LLC from the appropriate account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent, Comptroller and/or Town Supervisor to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 153,2002 REGARDING DESIGNATION OF TOWN POLLING PLACES RESOLUTION NO.: 295, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 153,2002 the Queensbury Town Board authorized designation of the Town of Queensbury's polling places for each Election District, and WHEREAS, the Town Clerk has advised that it will be necessary to change the location of several of the Election Districts and therefore the Town Board wishes to amend Resolution No.: 153,2002 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 153,2002 such that the locations of the following Town polling places shall be as follows: W ARD/ELECTION DISTRICT LOCATION 3/1 3/2 3/3 3/5 3/6 Queensbury 4/5 School Queensbury 4/5 School Queensbury 4/5 School Gym Queensbury 4/5 School Queensbury 4/5 School and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 153,2002 in all other respects. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION APPROVING PURCHASE OF CEMETERY LOT FROM ELINOR GUILES RESOLUTION NO.: 296, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot (Lot #2-A Algonquin, Grave #1 in the Urn Garden) in the Pine View Cemetery to Elinor Guiles, and WHEREAS, Ms. Guiles wishes to sell the lot back to the Cemetery Commission, and WHEREAS, the Cemetery Commission recommends re-purchase of the lot and requests approval of the re-purchase from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of Lot #2-A Algonquin, Grave #1 in the Urn Garden in the Pine View Cemetery from Elinor Guiles for the amount of $66.66, and BE IT FURTHER, RESOLVED, that the Town Board hereby further authorizes and directs the Cemetery Superintendent to arrange for the payment of $66.66 to Ms. Guiles and properly account for the sale in the Town's books and records. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION APPOINTING JOYCE HUNT AS ALTERNATE MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 297, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the Zoning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Joyce Hunt as an alternate member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joyce Hunt to serve as an alternate member of the Queensbury Zoning Board of Appeals, such term to expire on December 31 st, 2009. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION APPOINTING DIANA TALLON AS CONFIDENTIAL ADMINISTRATIVE SECRETARY TO HIGHWAY SUPERINTENDENT RESOLUTION NO.: 298, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Confidential Administrative Secretary to the Town of Queensbury's Highway Superintendent submitted her resignation effective July 12th, 2002, and WHEREAS, the Town Highway Superintendent has recommended that the Town Board authorize the appointment of Diana Tallon to the position of Confidential Administrative Secretary to the Town Highway Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Diana Tallon to the position of Confidential Administrative Secretary to the Town Highway Superintendent effective July 22nd, 2002 at an annual salary of $28,759.00 and subject to a eight (8) month probation period, and BE IT FURTHER, RESOLVED, that such appointment shall expire December 31, 2003, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Comptroller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of July, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 4 RESOLUTION NO.: 299, 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District to be known as the Queensbury Technical Park Sewer District Extension No. 4, and WHEREAS, a Map, Plan and Report has been prepared by Nace Engineering, P.c., engineers licensed by the State of New York regarding the proposed extension to the existing Queensbury Technical Park Sewer District to permanently serve a one-acre parcel ofland located on the north side ofDix Avenue, Queensbury identified as tax map parcel no.: 303.15-1-6 and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed sewer extension in accordance with Town Law Article 12A and consolidate the extension with the Queensbury Technical Park Sewer District in accordance with Town Law ~206A, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the proposed Extension NO.4 to the Queensbury Technical Park Sewer District described in this Resolution to be known as the Queensbury Technical Park Sewer District Extension No.: 4. 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District are to be as follows: All that certain parcel ofland located on the northerly side of Dix Avenue in the Town of Queensbury, Warren County, New York and which parcel is bounded and described as follows: Beginning at a point in the northerly bounds ofDix Avenue approximately 843 feet westerly of the westerly bounds of New York State Route 254, also known as Quaker Road; running thence from the point of beginning in a northwesterly direction and along the northerly bounds of said Dix Avenue, North 65 degrees 06 minutes 40 seconds West for a distance of 172.68 feet to a point; thence running in a northeasterly direction on a course perpendicular to the northerly bounds ofDix Avenue, North 24 degrees 53 minutes 20 seconds East for a distance of 292.24 feet to a point; thence running in a southeasterly direction, South 40 degrees 15 minutes 50 seconds West for a distance of 190.30 feet to a point; thence running in a southwesterly direction South 24 degrees 53 minutes 20 seconds West for a distance of 212.27 feet to the point of beginning containing 1.00 acres of land more or less. 3. The single parcel of land in this proposed Sewer District Extension has on it an existing building which had previously been a furniture store and now is planned for office space. The building is presently served by an on-site septic system. It is proposed to connect the existing building sewer to the existing municipal sewer located on the south side of Dix Avenue by means of a new 6" diameter PVC sewer lateral. Plans and details for this new connection are shown on the Plan of Proposed Connection of the Map, Plan and Report. Flows from this proposed Extension will be transported by existing sewers in the Technical Park Sewer District and will be discharged to the City of Glens Falls sewer collection system for treatment at the City of Glens Falls Sewage Treatment Facility. 4. The maximum amount proposed to be expended to form the District Extension is approximately $9,700 which would be borne by the sole property owner. This estimate includes the capital cost of construction as well as the one-time buy-in fee for capacity at the Glens Falls Sewage Treatment Facility in the amount of $600. There is no hook-up fee charged by the Town of Queensbury. The current operation and maintenance use fee in the district is $3.00 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges required for the entire district. All user fees and taxes will be based upon the same formulas as are presently used in the Queensbury Technical Park Sewer District. 5. The capital cost of the project will be totally financed and paid for by the property owner and therefore, there will be no financing cost of tax increase in the existing Technical Park Sewer District. The operation and maintenance cost for the single property in Extension NO.4 is estimated to be $351 per year based upon an estimated water use of 450 gallons per work day. There are no residential properties in Extension No.4, just the single commercial property. Therefore, typical costs for residential properties of varying assessments are not required. 6. In accordance with Town Law ~206-a, all future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 7. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of the fees and costs is on file with the Queensbury Town Clerk and is available for public inspection. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 5th, 2002 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board authorizes and directs the Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 11. The Town Board hereby authorizes and directs the Community Development Department to send a copy of this Resolution, Part I of the Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 300,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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: COMPTROLLER: FROM: TO: $ AMOUNT: 01-1315-1039 (Accountant) 01-1315-4155 (Temp. Pers. Serv.) $ 3,500 WATER: FROM: TO: $ AMOUNT: 40-1680-2032 (Computer Software) 40-1680-4335 (Software Servo And Maint.) $ 2,729 Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None ABSTAIN: Mr. Boor RESOLUTION AUTHORIZING ENGAGEMENT OF EDWARD V. CURTIN, CONSULTING ARCHAEOLOGIST TO PREPARE PHASE lA/PHASE IE ARCHAEOLOGICAL SURVEY OF PROPOSED CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 301, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Deputy Wastewater Director has obtained an archaeological survey proposal from Edward V. Curtin, Consulting Archaeologist, to perform a Phase IIPhase IE Archaeological Survey of the proposed creation of the Route 9 Sewer District, which Survey will satisfy government requirements and will be guided by the standards of the New York Archaeological Council and accepted by the New York State Office of Parks, Recreation and Historic Preservation, and WHEREAS, the Wastewater Deputy Director has recommended that the Town Board engage the services ofMr. Curtin for an amount not to exceed $5)00 as delineated in Mr. Curtin's proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Edward V. Curtin, Consulting Archaeologist, to prepare a Phase IIPhase IE Archaeological Survey of the proposed creation of the Route 9 Sewer District in accordance with the proposal presented at this meeting, for an amount not to exceed $5)00 to be paid for from the appropriate General Fund Account, such amount to be refunded in full to the General Fund by future Sewer District users upon creation of the Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None 7.0 ACTION OF RESOLUITONS PREVIOUSLY INTRODUCED FROM THE FLOOR RESOLUTION AWARDING BID FOR DESIGN AND CONSTRUCTION OF CURBS ON COOLIDGE AVENUE RESOLUTION NO.: 302, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board authorized the bidding for design and construction of curbs on Coolidge Avenue, and WHEREAS, the Town Purchasing Agent and Town Highway Superintendent duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Purchasing Agent has duly received and opened all bids, and WHEREAS, the Purchasing Agent and Town Highway Superintendent have recommended that the Town Board award the bid to the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the bid for the curb design and construction on Coolidge Avenue in the Town of Queensbury is hereby awarded to the lowest responsible bidder, A.I. Catalfamo Construction Company, Inc., in an amount of $18.55/foot for a total cost not to exceed $11,556.65, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes and directs the Town Comptroller to arrange for payment to such company from the appropriate account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Purchasing Agent, Town Highway Superintendent and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of July, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None 8.0 TOWN BOARD DISCUSSIONS 9:55 p.m. SUPERVISOR BROWER-Trail July 29th in Albany USA vs. Charles H. Barber, Charles M. Barber and Helen I. Barber Mr. Hess will be testifying in the trail. Did check with the Sheriff on the speed wagon on West Mt. Road, it should be placed by 813rd or 8/4th COUNCILMAN TURNER-Mrs. Catherine Kelly 13, Carlton Dr. complained about delivery trucks cutting through Greenway North to Carlton Dr.noted some block road ..suggested that the road be off the route used weight limits? Noted he will talk to the Manager of Hess and see what can be done... TOWN COUNSEL HAFNER-Will check into the law regarding the situation. COUNCILMAN STEC-RE: Taxes discussed with the Town Board to use funds to off set County taxes..hope to have a workshop on it in the near future. 9.0 ATTONEY MATTERS TOWN COUNSEL HAFNER-RE: City of Glens Falls Sewer Agreement the agreement between the County and the City is moving forward...they have hired a surveyor to survey the property within the annexation area we should getting the survey in future. COUNCILMAN TURNER-Re: Survey for the Cemetery SUPERVISOR BROWER-Who is paying for it? Would it be out of the cemetery budget? TOWN COUNSEL HAFNER-It is a cemetery expense I would think so. SUPERVISOR BROWER-I think they want to take it out of the general fund. TOWN COUNSEL HAFNER-Cemetery from Quaker Church we will have a deed fairly shortly. RESOLUTION ADJOURING TOWN BOARD MEETING RESOLUTION NO. 303.2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its regular meeting. Duly adopted this 15th day of July, 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