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2003-12-15 REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 81 REGULAR TOWN BOARD MEETING DECEMBER 15TH, 2003 7:10 P.M. MTG# 59 RES 523-549 B.H. 43-44 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT ZONING ADMINISTRATOR, CRAIG BROWN DIRECTOR OF PARKS & RECREATION, HARRY HANSEN ACCOUNTANT, JENNIFER SWITZER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 523, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 15th day of December, 2003, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone PUBLIC HEARING - SEWAGE DISPOSAL VARIANCE APPLICATION OF MARTIN DION NOTICE SHOWN CONTINUATION OF PUBLIC HEARING TOM CENTER, NACE ENGINEERING REPRESENTING MR. DION AND MR. DION REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 82 MR. CENTER-Mr. Dion is our client; I apologize for missing last weeks meeting. Mr. Dion explained to me the questions that the board had about the drawings as far as the variance request for the twenty-six inches of native soil that's existing. I spoke with Dave Hatin originally on this project to check to see if we needed to get a variance because we only had twenty-six inches of existing material and that we were going to be bringing in fill to build the system up and how to go about the process. He said since there is only twenty-six inches of native material we need to get the variance because we are bringing in the fill. In lieu of having to wait the year bringing the material in then after a year it becomes native. What we're requesting to do and what the design drawings show is that we'd bring the fill in, which would have a percolation rate between three and five minutes then the engineer would go out and perform a percolation test to insure that the percolation rate was in the allowable range the three to five minutes then the system would be built. That's all laid out in the design drawings, which will be again submitted for septic system permit, which the Building Department would go out, and oversees the installation. I had the same question originally since we are bringing in material whether we needed a variance from the twenty-six inches because the twenty-six inches is existing its native. We need the variance because we are bringing in fill in the time frame of how we're looking to do that, that's why we have some notes that are bolded on the bottom right hand corner which layout the type of fill, how to place it, when we perform a percolation test before the absorption system is installed then the Town comes out and inspects the system. SUPERVISOR BROWER-How much fill are you going to bring in? MR. CENTER - A little over three and a half feet. COUNCILMAN BOOR-That's the issue I have. This doesn't adequately reflect that. How far are you going to be from the property line when you bring in this three and a half feet? We weren't prepared to hear this so I didn't bring my map tonight. COUNCILMAN BREWER-I was under the understanding that he was going to go do the engineering to see what he had to bring in and come back to us. MR. CENTER-It's a hundred feet off the lake three and a half feet is here then it has to slope down. COUNCILMAN BOOR-How far is it from the property lines the berming? MR. CENTER-We are ten feet from the property here. COUNCILMAN BOOR-The berm will be ten feet from the property line? MR. CENTER-No. The berm slopes down. COUNCILMAN BOOR-How close will the berm be to the property line is what I'm asking that's not shown on that map, how can we pass it without it being shown? MR. CENTER-The setbacks that are required for the absorption system the berm slopes down and that's about ten feet, one foot on ten feet sloping down. COUNCILMAN BOOR-We don't have a drawing showing that. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 MR. CENTER-The drawing is right here. 83 COUNCILMAN BOOR-I don't see a profile is what I'm getting at. A profile so that I'll know there will or will not be runoff onto adjacent property when you go up three and a half feet. We had an application earlier actually not to long ago and they were within ten inches going up five feet. Although this isn't quite the same you have not reflected how the terrain is going to change when you put this system in, in that map or in this resolution and that's where I have an issue. MR. CENTER-The contour lines do show the slope. COUNCILMAN BOOR-The native. . . . MR. CENTER-No, no the new material the heavy dark lines are the new contour lines. The dash lines are the existing contour lines and the slope between them is shown on the drawing. It's one and ten. It's a normal slope. It's gentle on this property. What the applicant is trying to do is replace an existing system that's old and antiquated that has had problems in the past. This being on a tight site we're trying to do everything within the guidelines. This design is within standard guidelines for the Town. We're trying to protect the lake and the adjacent property from any septic system by building the system up. We did gently slope it back down towards the property lines. COUNCILMAN BOOR-And what is that slope? MR. CENTER-It appears to be a one on ten. I don't have a scale with me to lay it right out. COUNCILMAN BOOR-How close does the berm come to the property line? MR. CENTER-The very bottom of the berm is probably four feet from the property line. COUNCILMAN BOOR-You're saying this won't affect runoff onto the adjacent property? MR. CENTER-It will be a grass area. It should with three to five minute percolation rate the water should drain down. It's meant to keep water from draining. COUNCILMAN BOOR-That's my concern. That's exactly what I'm trying to address is that these things are somewhat impervious because then it would not allow the system to perform adequately. So what you've done is taken a somewhat impervious elevated mound and your making it go to somebody else's property is that correct or is that incorrect? MR. CENTER-I don't think we're shedding water off of this like asphalt payment. COUNCILMAN BOOR-I didn't ask that. MR. CENTER-I wouldn't believe that we would be shedding water off onto the property next door. The natural ground slope does tail down to the lake. We are picking up the slope behind the house. There is not a lot of runoff that I can see coming off the house in that area. It's not like it's coming down the hill it does REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 84 have to go around the house already. I don't believe we're creating a channel for water to travel. COUNCILMAN BOOR-If I understand you correctly you say that it's coming off the house and going towards the lake. . . . MR. CENTER-No, sir. I'm saying that the land slopes down towards the lake. I believe the house is pitched the other way. It's pitched towards the property to the north the house, the roof, it's a single pitch roof Chalet. COUNCILMAN BOOR-Would it be safe to say that the water that comes off of the roof of the house will not be allowed to go over the septic system? MR. CENTER - Yes, sir. COUNCILMAN BOOR-Won't it be brought to the neighbor's properties? MR. CENTER-No, sir. It already goes off the house to the north and straight down that side of the property we would not be changing that flow of water at all. COUNCILMAN BOOR-I don't have my map so it makes it a little difficult. MR. CENTER-I have an extra one if you like. COUNCILMAN BREWER-I thought the issue and maybe I'm wrong, I thought the issue was when he went away he was going to come back with some kind of a drawing showing the fill he was going to bring in and then the variance issue would go away if it was there for a year. COUNCILMAN BOOR-Exactly. COUNCILMAN BREWER-If it was there for a year it became native soil. COUNCILMAN BOOR-That's what I was under the impression of also. COUNCILMAN BREWER-I thought that was the issue you were going to bring back to us. MR. CENTER-That was the question. After I consulted with Mr. Nace something that we've done before within the Town was bring in new material, build up the system, perform a percolation test to insure that the percolation rate was correct, and then their allowed to build the system we have that's written on the drawing. COUNCILMAN BREWER-That's all well and good, but I never got a drawing indicating that. MR. CENTER-It's the same exact drawing that was submitted the first time. COUNCILMAN BREWER-Then how can it be the same plan if you are changing it? MR. CENTER-We haven't changed anything. COUNCILMAN BOOR-I'm very confused. In other words, if you were only deficient ten inches to where you don't need a variance your saying that it REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 85 wouldn't still be sufficient to put this system in? Ten inches would not give you the perc rate to put this system in is that correct? MR. CENTER - W e need a separation distance separation and perc rate are two different things. COUNCILMAN BOOR-I know I'm really missing something. It seems to me you were going to do this without bringing any fill. MR. CENTER-No. COUNCILMAN BREWER-I understood he was going to bring fill in, but I thought he was going to come back to us with a drawing showing he was going to bring the additional fill in so that he would have the separation distance in a year then he would be able to put this system in is the way I understood it. If I'm wrong I'm sorry, but that's the way I understood it. MR. DION-Excuse me, can I just jump in for a minute, I'm Marty Dion I was here the last time. When I went away from here what was decided and I love to hear the tape what was decided was the board was looking for some verification that either one-year time was a necessary thing or not a necessary thing. I always knew that there was fill coming in I even mentioned it the last time and it has always been on the drawing. So, therefore when I walked away from here the only issue that I understood was I also heard that someone on the board said something about we should check with an engineer. I said, okay I'll check with my Engineer and that's exactly what I did we're back here now this is my Engineer he's telling you what the system is therefore there is no other drawing that was needed because it's the same system. The one thing that I didn't understand you had mentioned I believe we were looking for a variance of thirty percent, but we're not. We're actually putting a system in that's the right system. We're not looking for a variance of a less material thirty percent less material we're bringing material in to make it a system that's an appropriate system. COUNCILMAN BOOR-I don't understand why you need the variance then. COUNCILMAN BREWER-The variance that you're asking for is twenty-six inches of usable soil above bedrock with the required three feet of usable soil above bedrock. COUNCILMAN BOOR-And you're bringing in three feet above two feet, which gives you five feet. MR. DION-What you're looking at is the problem, that's the problem. MR. CENTER-The problem is the native material the material that's existing above bedrock is only twenty-six inches. We need three feet above bedrock and then there is the system section itself so we're not going to be a total of five feet the system actually starts about twenty four inches below grade. COUNCILMAN BOOR-Does it show it on there? MR. CENTER- Yes it does. These are standard septic system designs used on all the subdivisions there is nothing new or different in the design documents. We boldly stated that we would perform the percolation test once the material is brought in. This statement is on there because of the fact that the owner would like to build the system before a year. He has an existing antiquated system this is REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 86 nothing new that we do within the Town we do perform these percolation tests on the new material. We do it for many systems that have already failed where they need an immediate repair. We will go out the septic contractor will install the fill we will perform the percolation test to insure the perc rate is proper then they are allowed to build the system. The Town comes out and inspects the system once it's installed. It checks the fill the fill placement because of the design documents, which when I file for a septic permit Mr. Hatin will look at these issues and will address any problems there then it gets built. These documents if we can state in the resolution that the system will be built to these design documents I think we kind of cover the question. SUPERVISOR BROWER-Mr. Center I have a question for you. The existing soil that's there now is your plan to replace existing soil to bedrock as well or simply build up above the existing soils. MR. CENTER - T 0 build up above the existing soil. SUPERVISOR BROWER-That's what I assumed. MR. CENTER-The existing perc rate is three minutes per inch, existing we need to bring in material on top of that. These documents do show the new material being brought in. SUPERVISOR BROWER-And that will be three to five minute per rate? MR. CENTER-Yes. COUNCILMAN BREWER-I'm sorry, I'm confused, but where does the issue of a year come from then? If you've done these previous... MR. CENTER-That was a question the board brought up. COUNCILMAN BOOR-Right, because I didn't see where you were, I don't know why you need the variance. COUNCILMAN BREWER-Roger did you get that from our Ordinance? COUNCILMAN TURNER-It's right in our Ordinance. COUNCILMAN BOOR- Yes. COUNCILMAN BREWER-If it's in our Ordinance then it has to apply. That soil can't be native for a year. COUNCILMAN BOOR-I don't know how you can say you are going to do this and you are going to bring soil in. COUNCILMAN BREWER-If it's in the Ordinance or are we confused? EXECUTIVE DIRECTOR, MR. ROUND-That's why he's looking for the vanance. COUNCILMAN BREWER-He's saying he doesn't need a variance. MR. CENTER-As told by Mr. Hatin I'm required to have a variance. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 87 SUPERVISOR BROWER-He wouldn't need a variance ifhe did it next year. COUNCILMAN STEC-Right. If he waited a year then it would be native soils. COUNCILMAN BREWER-With the perc test. MR. CENTER-To do it this year with the percolation test with these design documents and the assurance that it's going to built to these drawings. I had the same question when it was brought up at first because I knew I was brining in the material. According to Mr. Hatin I needed the variance because we only have twenty-six inches of native material that's there. MR. DION-Can I just throw in one little item and that is the logistics are it would be difficult to let that sit there for a new, the very reason is that's where the septic system is right now so what do we do for a septic system for a year. COUNCILMAN STEC-IfI can interrupt, Bob. I think what we're talking about doing what they need is, they need ten inches of relief for a year until it becomes native soil then. ATTORNEY HAFNER-If you grant them the variance they can put in the system at... COUNCILMAN STEC- Twenty-six inches. ATTORNEY HAFNER -Get you to the minimum then put the system in and put fill above it. They need that variance of ten inches to be able to put the system that's required on this property. COUNCILMAN BREWER-I think that I understand it I don't have a big problem with it as long as an Engineer stamps that and we inspect it I'm comfortable with it I think. COUNCILMAN TURNER-I am. COUNCILMAN BREWER-I would also make note that they should look at the issue you are concerned with Roger the slope of... COUNCILMAN BOOR-That's not the only thing I'm concerned with. COUNCILMAN BREWER-I understand that, but to make sure that no runoff sheds onto somebody else's property we have to be sure of that. COUNCILMAN BOOR-Can I see those one more time? MR. TURNER - Yes sir. COUNCILMAN BOOR-Can you show me the elevation that shows the three-foot build up. I want to see the contours to the property lines. MR. CENTER-These are typical drawings for septic systems. What we show here is the contour elevation is three thirty-six point eighty three the point elevation at the very top the highest point of that mound. COUNCILMAN BOOR-Okay. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 88 MR. CENTER-The existing contour lines which are right here three thirty four, three thirty three runs right through the middle. COUNCILMAN BOOR-I want to know this difference this is the one I'm looking at. MR. CENTER-This difference. COUNCILMAN BOOR- Yes, these are property lines. MR. CENTER - I understand that. We have three feet here from the edge of the system to here. We have ten feet here to this contour line that's one-foot change in elevation in ten feet then another change in elevation. COUNCILMAN BOOR-Prom the property line you are how far? MR. CENTER-We're greater than ten feet I have to look and see. COUNCILMAN BOOR-I know the system is, but this is the end of the berm right here this line right here? MR. CENTER-Our scale is one-inch equals twenty feet so I believe we're twenty feet off the property line there. The scale of drawing is one inch twenty feet. COUNCILMAN BOOR-This is an inch right here so the actual system itself is. . . MR. CENTER-Twenty feet so we have ten feet to the edge, ten feet down a foot. This is seven inches higher than this so we're going seven inches and ten feet then we're coming down one foot and ten feet to the edge of the property. COUNCILMAN BOOR-That's nineteen inches you are talking about I thought you were talking about three and a half feet. MR. CENTER-No. COUNCILMAN BOOR-Where did the three and a half feet come from? MR. CENTER-Three and a half feet is at the center of the system. COUNCILMAN BOOR-I thought you were bringing in more than ten inches of fill ? COUNCILMAN BREWER-He's got twenty-six he needs thirty-six. COUNCILMAN BOOR-He needs ten to get to thirty-six. COUNCILMAN BREWER-Ten inches to get to thirty-six so that means he has twenty-six. COUNCILMAN BOOR-It must be they are bringing in more than ten Tim. COUNCILMAN BREWER-That's not what I understood. MR. CENTER-In the very center of the system it's coming up three and a half feet. Prom the center of the system out it slopes down to the existing grade. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 89 COUNCILMAN BOOR-When you say it's coming up how many inches when you say the system are you talking about the elevation as it is right now? MR. CENTER-Yes. COUNCILMAN BOOR-So you're coming up.... MR. CENTER-I'm coming up three and a half feet above that. COUNCILMAN BOOR-See not ten inches. COUNCILMAN BREWER-So we're not measuring from bedrock you are going from the elevation of the ground right now three and a half feet. . . . COUNCILMAN TURNER-To the top of the berm. MR. CENTER-To the top of the berm. COUNCILMAN BOOR-So it's not just ten inches Tim that's my concern that you are creating a hill to the other property. COUNCILMAN BREWER-So they are creating a three and a half foot hill. COUNCILMAN TURNER-Porty two inches. COUNCILMAN BREWER-How far out does it spread? Mr. CENTER-We have twenty feet plus from the edge of the system to the edge of the property line on either side. COUNCILMAN BOOR-When you say the system that's the highest point... MR. CENTER-The highest point is exactly into the system it's crowned slightly so that it doesn't.... COUNCILMAN BOOR-I really think we should be seeing an elevation not a standard because this isn't standard with regards to the property width. This is fine if it's on a huge piece of property. COUNCILMAN BROWER-Chris last meeting you indicated you referred this to the Lake George Park Commission they said they don't basically review septic systems is that correct? EXECUTIVE DIRECTOR, MR. ROUND-They said they didn't have any issues I don't have a copy there was a memo from Dave Hatin. SUPERVISOR BROWER-C.T. Male didn't review this for us on our behalf? EXECUTIVE DIRECTOR, MR. ROUND-No. COUNCILMAN BOOR-I just want everybody to understand he's not just coming up ten inches here he's coming up three and a half feet. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 90 COUNCILMAN BREWER-Would it kill this application if we waited two more weeks and got the drawing that Roger would feel comfortable with? Maybe that's the thing we have to do is wait two weeks. COUNCILMAN BOOR-I don't think that's even applicable that's not a drawing of this job that's a standard out of a book. MR. CENTER-The septic system. The detail sheet is a standard typical detail. The site plan, which is surveyed by a surveyor and drawn by me and stamped by us, that is how the contractor goes out and builds it. You don't necessarily provide the cut sheets it's not asked for in any of the variances or in the standard details for a cut section of the actual slope we do show the slope of the system right there, there are some minimum slopes coming off of it that we're using. Ifwe can get a resolution to amend this and to address the issue with Mr. Hatin to insure that drainage is provided around the system so that it stays on the parcel. COUNCILMAN BOOR-Are you planning on doing that this winter is that what the rush is? MR. DION-As soon as spring hits is when we like to do it. COUNCILMAN BOOR-Can you give us an actual drawing of the cross cuts with the elevation, you're not going to be building this. MR. DION-Getting contractors is not as easy as all that. COUNCILMAN BOOR-I know. MR. DION- You have to kind of set it up. COUNCILMAN BOOR-You should be able to do it from the information you have there. You have the elevations when you are looking down on top of it. I just want to see it from the sides so I see what it looks like as it approaches the property. COUNCILMAN TURNER-All you have to do is draw up a separate sheet showing the cross section. COUNCILMAN BOOR-Just a cross section of what it's actually going to look like with the property lines on there. MR. DION-I'm as concerned about my neighbors as you are, I'm probably more because I like them and we're all friends. COUNCILMAN BOOR- I understand. MR. DION-So I'm not about to have anything like what you are referring to happen. If anything this would come down and create a swale on my side of the property line. It's going to be a non-issue we can certainly get you a sketch to show that. COUNCILMAN BOOR-Please understand this isn't an issue per se with you. This is the only time we get these types of applications and I want to make sure everybody is held to the same standard. When somebody brings a drawing in and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 91 it doesn't reflect what the actual property looks like it's just out of a book for a system and here is what it looks like, I know you take offensive at that, but you have to understand that we get them where they come a lot closer to the property line I don't want to be arbitrary about this. I want to say we looked at it we saw every angle and we believe its not going to impact negatively the neighbors and I need to be comfortable about that. It shouldn't take long at all to put that drawing together if it was an issue where you were going to do this next week or month maybe we would go a little further, but I mean you are not going to be digging this until the Spring. I don't think anybody on the board has a problem with the application except me. MR. DION-Is there a meeting January 3rd, then? COUNCILMAN STEC- The next regular meeting is January 1th. MR. DION-Now we're waiting a month, okay. SUPERVISOR BROWER-Roger, I just want to make sure that I'm clear are you sure you aren't really wanting to see another engineer review the drawings? COUNCILMAN BOOR-That's a concern of mine, too. They are doing the perc test and they represent the applicant. SUPERVISOR BROWER-I hate to see them come and then have another issue you know what I'm saying. COUNCILMAN BOOR-I would too that's why I'm not comfortable with this. I don't think this is appropriate, I don't think we've done our homework. We don't even have a map of what's actually being put there. The resolution we have before us doesn't state what is actually going to be done I'm not happy with it. SUPERVISOR BROWER-I'm asking would you like to have our Town Engineer, C.T. Male review. COUNCILMA BOOR-Yeah, I would. I'd like to do the perc test actually. I think that's something we need to start thinking about. COUNCILMAN BREWER-Is there an issue with anybody up there Roger just out of curiosity that it appears there might be a problem? COUNCILMAN BOOR-No. Like, I said we've had other applicants here and I think we need to be fair to all of them. I don't want to hold one to a higher standard than the other. COUNCILMAN BREWER- I understand. COUNCILMAN BOOR-Like, I say this doesn't reflect at all of what' s being asked. It doesn't reflect what's there or what's being proposed. I just think to do it on the fly when the applicant isn't even going to do this until the spring is kind of a disservice to those who we might not give as much time to. I don't see where it holds you up I really don't. I'm in the construction business myself I just don't see how that's going to..... MR. DION-It holds me up from getting a contract with someone now so that early on in the spring I'm not in the middle of the summer when it's the summer season REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 92 trying to put a septic system in that's what it holds up. I'm in the construction industry as well and I know what things are booking up now they aren't waiting until April or March to happen it puts me in a bad place in that instance. As far as January 1th goes I guess that's not a big deal Ijust can't contract with someone if I don't know what we're doing. COUNCILMAN BOOR-Well see either can we. I guess that's the point I'm trying to make we don't know what we're doing. MR. DION-I honestly don't know what else there is to do. Short of sewers in this Town, which has been a big issue with me from twenty years ago. I don't know what there is other than this to do on this piece of property. COUNCILMAN BOOR-There may not be I just think that we need to do it correctly and fairly. MR. CENTER-Is it possible to condition the application to provide drainage swales on either side of the septic system to insure storm water maintains the existing flow within the applicant's property? COUNCILMAN S TEC- I would say that would be a good idea. COUNCILMAN BOOR-It certainly wouldn't hurt. MR. CENTER-Is it possible to get a resolution to have that reviewed by C.T. Male and then we can apply that to the sewage application and that way we wouldn't have to come back to the Town Board. If that' s the only issue is the storm water drainage if we provide drainage swales on either side of the septic system to insure that storm water stays on the site stays on Mr. Dion's property and doesn't shed off the property. COUNCILMAN BOOR-It's not a wrench, but the other thing is we had an application that was excessive and they proposed the same thing and I don't think yours in the same. They were going to do this they were going to put pipes that were going to get the storm water runoff to the lake in about two minutes so that's not really what I'm looking for just so you know. MR. CENTER-What we're going to do is just to allow the drainage to come down the hill and then around the system and then follow it's natural path. We're not going to do anything to increase the rate of runoff we're just going to insure that any storm water that comes down the hill or down the slope around the house stays on Mr. Dion's property isn't impacted by the septic system. Ifwe can put a condition on like that and then you can either have it reviewed by C.T. Male or through Mr. Hatin's office. We do some of the other non-variance septic systems right through Dave sit down with him and have him review the drawings and insure that we do that. Then they come out and they do inspect the septic systems there is your insurance that it was built to the design and to the conditions that you were looking for. COUNCILMAN BREWER-Do you want to make those notes on this drawing that you have in front of you now? MR. CENTER-Ifwe can condition it as in the Planning Board they make a condition and then we have to change the notes if we can do that. COUNCILMAN BREWER-Are you fine with that Roger? REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 93 COUNCILMAN BOOR- Yeah. COUNCILMAN BREWER-I'm fine with that. We'll have C.T. Male review it Roger? COUNCILMAN BOOR-Yeah. I'm looking at the resolution on the second page, which I know you don't have it. It says, Resolved, that the Town of Queensbury Local Board of Health hereby approves the application of Martin Dion for variances from the Sewage Disposal Ordinance to allow: (2) twenty-six inches of usable soil above bedrock in lieu of the required three feet of usable soil above bedrock. MR. CENTER-We are increasing we are above that. It's the native soil that's the hitch and that was my question to Dave. In order to do the type of system that we're doing we needed to file for the variance because we're not going to wait the year for it to become native, but the design documents go a step beyond that twenty-six inches. COUNCILMAN BOOR-I guess it doesn't have to be in there. It would have been nice if it said in the resolution how high you are actually going. SUPERVISOR BROWER-It seems like it should say whatever the height is. COUNCILMAN BREWER-Put it in the resolution. SUPERVISOR BROWER-Instead of twenty-six inches that's really not correct. COUNCILMAN BOOR-It's not right. ATTORNEY HAFNER-Can I speak up. What they are coming in for are for variances from our Ordinance. Our Ordinance requires a minimum of. . . . COUNCILMAN BOOR- Thirty-six. ATTORNEY HAFNER-It could be any maximum he could have ten feet of native soil if the bedrock is down low. It doesn't matter it's a minimum of thirty-six inches of bedrock. They need a variance so that they only can have twenty-six, bring in others to make the rest of that thirty-six inches then build the system on top of it as according to his plans. The variance isn't for the part above that the variance is for the extra inches. COUNCILMAN BOOR-That's understood Bob. My concern is that ifhe was bringing fifty feet in I'd like to kind of know. MR. CENTER-We do have the elevations right on there that's why they had a surveyor go out and survey the property those dimensions are put right on here. COUNCILMAN BOOR-I guess it's when we rejected it last week and said that we didn't want to do the variance we wanted it to go to thirty-six. I was hoping we would see a map here it is at thirty-six and then we would of said; oh it is actually more than thirty-six you are going up this far. MR. CENTER-The way it was explained to me without being here all those are on the drawings. All the details all the points all the contours that the contractor goes REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 94 out and builds from are the site work contractor who would be bringing in the fill that information is there. It's not shown in a cross section it's shown in plan. COUNCILMAN BOOR-We are laymen I think it's important that we have drawings that we know what we are approving. MR. CENTER-In the future I will make sure that we have a cross section that's appropriate when we look at something like this. COUNCILMAN BOOR-Great. COUNCILMAN BREWER-I don't know where you want to put your notes Roger, but if you want to find a place to put them in there I'm happy if you are. COUNCILMAN BOOR-The twelfth is that the next.... COUNCILMAN BREWER-I thought we were going to make notes on the plan that C.T. Male. COUNCILMAN BOOR-Are you going to still try... MR. CENTER - Weare going to provide drainage swales on either side to insure that the storm water runoff stays on Mr. Dion's property. I was hoping we could get the application conditional on those being provided and reviewed by C.T. Male or Mr. Hatin; however, the board feels and be able to get an approval tonight with those conditions. SUPERVISOR BROWER-Basically you're looking for an approval with conditions? MR. CENTER - Yes sir. SUPERVISOR BROWER-Board members do I have a motion to that effect? COUNCILMAN BOOR-I'll make the motion. ATTORNEY HAFNER-We need to know exactly what the condition is? COUNCILMAN BOOR-That's what I was just going to say. ATTORNEY HAFNER -Conditioned upon give me exactly you said it really good the first time. MR. CENTER -Conditioned upon providing drainage swales around the north and south sides of the new absorption field to maintain storm water runoff on the applicant's property. ATTORNEY HAFNER-Design to be reviewed.... SUPERVISOR BROWER-Perc test will be performed by the engineer. MR. CENTER-By the engineer of record. COUNCILMAN BREWER-Then it will be reviewed by C.T. Male. COUNCILMAN BOOR-In the future I think we need to address that. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 95 ATTORNEY HAFNER-Do you want me to read this back? SUPERVISOR BROWER-Yes. ATTORNEY HAFNER-I'm adding this at the end of the resolved that has the numbers one and two dealing with the ninety-two feet and the twenty-six inches. Conditioned upon providing drainage swales around the north and south sides of the new absorption field to maintain storm water runoff on the applicant's property, perc test to be reviewed by the applicant's engineer. COUNCILMAN BOOR-By our engineer. ATTORNEY HAFNER-I heard the Supervisor say. SUPERVISOR BROWER-They'll perform the perc test, but C.T. Male will review it. ATTORNEY HAFNER -Reviewed by Town Engineer. SUPERVISOR BROWER-Yes. ATTORNEY HAFNER-Are we all on the same... SUPERVISOR BROWER-I think we're on the same page I need to know if we have amotion? COUNCILMAN BOOR-I already introduced it. COUNCILMAN BREWER-I'll second it. SUPERVISOR BROWER-Further discussions or questions? Hearing none let's vote. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF MARTIN DION RESOLUTION NO.: BOH 43, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Martin Dion 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: 1. placement of the disposal system ninety-two feet (92') from the well in lieu of the required one-hundred feet (100') setback; and 2. twenty-six inches (26") of usable soil above bedrock in lieu of the required three feet (3') of usable soil above bedrock; REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 on property located at 131 Seelye Road in the Town of Queensbury, and 96 WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted public hearings concerning the variance request on December 1 st and December 15th, 2003, and WHEREAS, the Town Clerk advised that property owners within 500 feet of the subject property were duly notified, and WHEREAS, the Town Board directed the Executive Director of Community Development to send this application to either the Town's engineer or the Lake George Park Commission's engineer for review on behalf of the Town of Queensbury, and WHEREAS, such engineer has completed its review and has made its recommendation at this Town Board meeting, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Martin Dion for variances from the Sewage Disposal Ordinance to allow: 1. placement of the disposal system ninety-two feet (92') from the well in lieu of the required one-hundred feet (100') setback; and 2. twenty-six inches (26") of usable soil above bedrock in lieu of the required three feet (3') of usable soil above bedrock; conditioned upon providing drainage swales around the north and south sides of the new absorption field to maintain storm water runoff on the applicant's property, percolation test to be performed by the applicant's engineer and reviewed by the Town Engineer, concerning property located at 131 Seelye Road in the Town of Queensbury and bearing Tax Map No.: 227.17-1-54. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 97 Duly adopted this 15th day of December, 2003 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH. 44, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION RESOL VED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 15th day of December, 2003, by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner Noes: None AbsentNone PUBLIC HEARING - ADOPTING NEW TAPPING FEE SCHEDULE FOR TOWN WATER DEPARTMENT OPENED 7:45 P.M. NOTICE SHOWN WATER SUPERINTENDENT, RALPH VAN DUSEN PRESENT WATER SUPERINTENDENT, MR. VAN DUSEN-At the end of each construction season we review our costs to make water taps, new service connections for new customers within the Town. We review those compare them to what we've been charging and periodically adjust those fees. Our goal is that we break even on those taps so that the existing customers aren't subsidizing the cost of any connections to any new or future customers. As a background four years ago there was an increase in fees when we went to the radio read meters and eight years ago there was an increase in fees because of the cost of labor and materials it's been working out approximately every four years. Last year we made ninety- five new taps of those; eighty-nine were three quarter inch. Obviously a huge percentage of the connections we make are residential in nature and a three quarter inch line going to their homes. The recommendation for the three quarter inch taps would be that our tapping fee goes from four hundred to four hundred and seventy five dollars that would be including the cost of Queensbury supplying and installing the meter for a short tape. For a long tap the fee would go from five hundred and fifty to seven hundred and fifty. What's happening as we get more utilities buried in the ground more construction going on in less than ideal soil conditions it costs us more to be able to push across. When we came up with those numbers the first thing I did was to compare that with what other communities were doing. I had a concern that we not be out of line with what's happening and not just increasing prices because our costs were going up. I called two adjacent REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 98 communities. The Town of Moreau they are currently charging six hundred dollars for a short tap and about seventeen hundred for a long tap so obviously we are considerably less than either of those two. I checked with the City of Glens Falls and they don't differentiate between a long and short tap. They charge the same fee and they are currently charging six hundred and fifteen dollars, which is approximately the middle of what we're doing. I felt our prices were in line with what adjacent communities are charging. This will bring the fees up to the point where it's at the break even of our costs. The table reflects costs for other size meters, but the reality is that's a pretty small impact in a Town. SUPERVISOR BROWER-Ralph, I like to ask you just to elaborate a little bit. In the resolution it says it's due to the increase of material and labor costs as well as increase to safety policies. Would you just mention the increase safety policies you are utilizing? WATER SUPERINTENDENT, MR. VAN DUSEN-Sure. Each time we dig a hole let's talk about a long tape for a second what we do is dig a hole on each side of the road put shoring in, a ladder goes in each ditch, the soil conditions are checked on each side then we have a machine that pushes across from one side of the road to the other. When I first started with the Town it was a two-person job making taps. Quite often you are working in the hole and you wouldn't even see somebody up on top no one was kind of watching out for you. Now we do it with a minimum of three people so there is always somebody up on top keeping an eye out so if there is any kind of a problem they can anticipate that hopefully before it happens before somebody gets buried in the ditch. SUPERVISOR BROWER-We have a pretty good safety record as well correct? WATER SUPERINTENDENT, MR. VAN DUSEN-In recent history we've done well. SUPERVISOR BROWER-Any questions from Town Board members? In that case I'll open the public hearing and ask any interested citizens who would care to comment on the proposed new fee schedule for tapping fees for the Water Department to come forward simply state your name and address for the record and make any comment you care to do we have any takers tonight? NO PUBLIC COMMENT SUPERVISOR BROWER-Seeing none I'll close the public hearing and ask the board if you care to take an action on this evening? PUBLIC HEARING CLOSED RESOLUTION ADOPTING NEW TAPPING FEE SCHEDULE FOR TOWN WATER DEPARTMENT RESOLUTION NO. 524,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 99 WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost of Town ownership and installation of water services and meters installed for residents and businesses receiving Town water service, and WHEREAS, the Town Water Superintendent has informed the Town Board that as a result of an increase in material and labor costs as well as increased safety policies, he recommends that the Town Board increase its tapping fees to reflect such price increases, and WHEREAS, the Town Board duly held a public hearing on December 15th, 2003 concerning the Water Department's proposed new tapping fee schedule and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs adoption of the Water Department's new tapping fee schedule as follows: Tap size Present fee with Proposed fee with Present meter Proposed meter meter meter charge charge %" short $400 $475 $200 $225 %" long $550 $750 $200 $225 1" short $600 $750 $275 $365 1" long $800 $1150 $275 $365 1 IIz" short $900 $1050 $450 $525 1 1Iz" long $1200 $1500 $450 $525 2" short $1200 $1550 $500 $650 2"long $1500 $2000 $500 $650 [The above fees do not include any blasting to remove rock. The cost for any required blasting will be added to the applicable fee.] and BE IT FURTHER, RESOLVED, that this new tapping fee schedule shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Water Superintendent and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of December, 2003 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 100 ABSENT:None PUBLIC HEARING - PROPOSED LOCAL LAW - TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE LANGUAGE CONCERNING SPECIAL USE PERMITS AND PREEXISTING USES OPENED NOTICE SHOWN ZONING ADMINISTRATOR, CRAIG BROWN PRESENT ZONING ADMINISTRATOR, MR. BROWN-As you recall a couple of weeks ago we sat down and talked about these proposed changes to the Special Use Permit Ordinance. At that time the board felt they were in need of some feed back from the Planning Board seeing how the Planning Board is the board who deals with these a majority of the time. We took these proposed changes to the Planning Board in a special meeting in workshop we had with them the changes you have before you basically reflect their input. The only real subsistent change is it was the Planning Board's position that any special use permit applicant that meets these requirements of these propose changes that the process be handled administratively by the Zoning Administrator rather than have the applicant go to the board and go through that process. If they don't meet these requirements or proposed changes then the applicant would go straight to the Planning Board basically for a full-scale site plan review. SUPERVISOR BROWER-Questions of Craig by Town Board members at this time? Thank you, Craig. I'll also open the public hearing so that any interested parties can come forward and comment regarding the propose changes to the Zoning Ordinance regarding language for special use permits and preexisting uses. NO PUBLIC COMMENT SUPERVISOR BROWER-Since no one cares to comment this evening I'll close the public hearing and ask board members if they care to take action this evening. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 5, OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE LANGUAGE CONCERNING SPECIAL USE PERMITS AND PREEXISTING USES RESOLUTION NO. 525,2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 5 of 2003 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 "Special Use Permits", 9179-10-03 5 "Preexisting nonconforming uses" to delete references to "nonconforming" uses and more clearly set forth the requirements for requests for exemptions from comprehensive Planning Board review, and 9179-10-060 "Specific standards for special use permits" to clarify that REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 101 new marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission and shall require the approval of the Town Planning Board, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law 910 and Town Law Article 16, and WHEREAS, the Town Board duly held public hearings on December 1 st and December 15th, 2003 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2003 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 entitled "Special Use Permits", 9179-10-035 "Preexisting nonconforming uses" to delete references to "nonconforming" uses and more clearly set forth the requirements for requests for exemptions from comprehensive Planning Board review, and 9179-10-060 "Specific standards for special use permits" to clarify that new marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission and shall require the approval of the Town Planning Board as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the N ew York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 15th day of December, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None LOCAL LAW NO.: 5, OF 2003 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 102 SECTION 1. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by amending 9179-10-035 as follows: ~ 179-10-035. Preexisting nonconforming uses. A. Substantiated preexisting nonconforming uses shall be exempt from a comprehensive Planning Board review and shall be issued a Special Use Permit by the Zoning Administrator. This special use permit shall be considered a permanent permit and may be modified only upon review and approval by the Planning Board. This special use permit shall serve to document the existing status of the project. . (1) To substantiate that a use qualifies for this exemption, the property owner shall submit a site plan review application depicting the current condition of the project site together with a current permit issued prior to April 1, 2002 from another involved agency. Such information needs to demonstrate that the site is in compliance with the current permit. B. Uses which do not qualify for the exemption listed in the above paragraph shall submit information demonstrating that: (1) The structure( s) associated with the use were constructed according to the permitting procedures which were enforceable by the Town at the time of construction. (2) The use of the property and associated structures has been continuous, to date, without interruption, since prior to 1981 for marinas and prior to 1967 for all other uses. Consistent seasonal use may qualify as continuous use. (3) The Planning Board shall, upon finding the substantiating evidence valid, complete and satisfactory, issue the applicant a preexisting nonconforming special use permit. This special use permit shall be considered a permanent permit and may be modified only upon review and approval by the Planning Board. This special use permit shall serve to document the existing status of the project. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Article 10 entitled "Special Use Permits" is hereby amended by amending 9179-IO-060(A) as follows: ~ 179-10-060. Specific standards for special use permits. A. Marinas. (1) All new marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended. Class A marinas are permitted by special use permit in the WR-IA and WR-3A Zones. The Planning Board shall consider these standards in its special use permit review of any Class A marina. Class B marinas shall not require a special use permit and do not require the approval of the Town Planning Board. (2) All Class A marinas, as defined by this article, in operation as of the date of the adoption of this chapter shall be required to apply for a special use permit REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 103 on or before January 1,2004. An existing Class A marina may qualify for a an administrative special use permit issued by the Zoning Administrator per 9179-10-035. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law 927. PUBLIC HEARING - PROPOSED LOCAL LAW - TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 119 ENTITLED "OUTDOOR FURNACE MORATORIUM" OPENED NOTICE SHOWN SUPERVISOR BROWER-The proposal before us is to put a moratorium for six months on outdoor furnaces in the Town of Queensbury. At this point I know Councilman Boor brought it to the board's attention that he was concerned about complaints he received from neighbors. I think we all felt that it might be appropriate to put a moratorium on outdoor furnaces and yet by the same token we wanted to hear from the public. I'll open the public hearing at this time and ask interested parties that would care to comment on the proposed moratorium either way to come forward at this time and simply introduce yourself for the record your name and address. I did speak to Mrs. Clark previously and I know she wanted to show the board something. She has a video of an outdoor situation with an outdoor furnace that has been problematic to her, Mrs. Clark do you care to come forward at this time? MRS. CLARK-Thank you I like to refer to Linda Clark she is really the owner of the video. SUPERVISOR BROWER-I thought it was yours. MRS. CLARK-It's in the family. SUPERVISOR BROWER-Linda would you come forward at this time. MRS. CLARK - I would like to speak after she makes the presentation. SUPERVISOR BROWER-That's fine. We're going to try to activate the television sets on either side of the room here to illustrate a situation they've encountered. LINDA CLARK-I have a home at the end of Ash Drive on Glen Lake. In any event I live next door to an outdoor furnace. The pictures that you will see tonight are all taken from my second story in my home all the bedroom windows. The REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 104 first thing I want to show you is a video when you watch the video it is important that you see the very very beginning because you will get an idea as to what's being put into this outdoor furnace. COUNCILMAN BREWER- Say, when. MRS. CLARK-When. PRESENTATION OF VIDEO SHOWN MRS. CLARK - You'll see my neighbor he's got a garbage can that he is unloading into the furnace. It is very very difficult to be able to determine exactly what it is that is being taken out of the garbage can and put into the furnace. I do have some pictures just to give you an idea of what' s in the garbage cans. He puts them behind the furnace house so that you can't see a whole lot. Then he'll continue put into the furnace what are they called these platform type things? COUNCILMAN BREWER-Pallets. MRS. CLARK-Pallets, thank you, lots of pallets, of course, there are a variety of other things that go in there too. Just for time sake I think I'm going to fast- forward it. (Presented to board members packet with material concerning outdoor furnaces) While that's going forward there you will see the intensity of the smoke begin. If you take a look you'll see in the pictures what it looks like. The first grouping of pictures gives you an idea of the intensity of the smoke that comes out. SUPERVISOR BROWER-Is that when it's burning wood or is that when it's burning trash? MRS. CLARK-That's a good question. SUPERVISOR BROWER-It's illegal to burn trash in Queensbury. MRS. CLARK - Yes it is, but if you look there are garbage cans sitting next to the furnace. In the video he obviously unloads garbage cans into the furnace. We can assume that there is just about anything in the furnace or at least I do. Most of the times that he burns the really intense trash it's at night so you really can't get a clear idea of what' s in the furnace or watching him at all you can't watch him. SUPERVISOR BROWER-You can just smell it, right? MRS. CLARK- You can smell it. It wakes you out of a sleep it is so horrible. SUPERVISOR BROWER-There is nothing worse than trash burning. MRS. CLARK - You can see the second set of pictures here is the intensity of the smoke in the video at the beginning this is just the beginning. If you want to just push play mind you this tape goes on for two hours before he restocks. We get this for two hours in our neighborhood, three times a day, and at nighttime as I said the smell is horrendous it's very very bad at night. COUNCILMAN BOOR-I think the color of the smoke is often indicative ofwhat's being burned also. MRS. CLARK- Yeah, as you can see it's pretty black. I watched him one day this was before I started the video taping I watched him put oil into his car; his truck, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 105 then he took the plastic oil containers up and threw them in the furnace watched him do it, so he's burning plastic, he's burning oil. He had tires sitting around his house so he may even be burning tires. As you can see with the second set of pictures here there is a variety of stuff sitting around slated to be burned so it not only creates a pollution problem in terms of the air, but it also creates a pollution problem in terms of the environment. The difficulty with these outdoor furnaces, you can see its getting even more intense, the difficulty with them is that you have to trust the people who own them to put in legitimate things. You can't do that unless you actually have someone from the Town standing there watching them put it in there is not much you can do about it other than what I've done here. SUPERVISOR BROWER-It's almost like people that would try to burn trash in their fireplace you smell it you know they are doing it when they smell it. MRS. CLARK - I think there is more hesitancy to do that because you have the potential of burning down your house. Here it's outside you don't have that potential. SUPERVISOR BROWER-It's more tempting you're right. COUNCILMAN BOOR-And you don't have to carry the garbage through your house. MRS. CLARK-In your folders other than the pictures there are copies from a website called Smoke shackes.com, actually that should be all one word instead of two words. This is a group of people who are extremely active in trying to fight the outdoor furnace movement. On this particular website there are a number of articles, which I've included in the left hand side of your folder. Those articles include an article from the Washington State Department of Ecology on Health Effects of Wood Smoke. EPA article on the Emissions from Outdoor Wood burning. American Lung Association Article on why is wood burning an air pollution problem. ANew York State Department of Environmental Conservation Article actually a letter sent to Central Boiler, Inc. requesting a meeting concerning the air quality problems from these outdoor furnaces. On the right hand side of your folder you'll see basically a history that goes back to when Mr. Brown put this outdoor furnace in. In that history we started off by talking with the Town most of the time with Dave Hatin. I have at first my typed notes; keep in mind we deal with a number of problems regarding Mr. Brown so some of these articles or some of these letters, notes reflect a lot of different problems, but within them you will find issues on the smoke. The first one you'll see the discussion notes questions that we asked him back in 1998 about our concerns regarding the smoke and those issues. The next letter you'll see a letter sent to Mr. Brown, and Mr. Hatin, and Mr. Brown, and Mr. Round. In that letter in the fourth paragraph there are more concerns regarding the smoke issue that would have been in December of 2001. In January of2002, I received a letter from Mr. Hatin telling me there wasn't much we could do about it. I also received a letter in January of 2002 from Mr. Jones, the Fire Marshal who advised Mr. Brown not to put things in. I want to note here that Mr. Brown is actually caught by the Fire Marshal at one point in time putting things into this furnace illegally and he was warned, but that's about it, he was warned. The Glen Lake Protective Association also sent in January of2002 a letter of concern regarding the smoke issue and how that has the potential of damaging lake quality. That will give you kind of a history of going way back regarding our concerns. Another part of that history has to do with my health since the first year that Mr. Brown put this furnace in I can get documentation because I just spoke with my Physician, but my Physician will write you letter if need be confirming that I have suffered from upper respiratory infections every REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 106 year. Never in my life have I ever suffered any kind of allergies. I now take medication and have been taking medication for dust, and smoke because of the allergies that I suffer from and my Doctor also feels as though this smoke stack has a lot to do with the fact that I suffer from these things. I also pay a great deal of money in prescriptions to try and resolve those issues, but they will not go away until the smoke goes away. I have terrible headaches, my eyes ache when the smoke is intense at night I don't get sleep; you've got a problem although you have an issue where it's questionable in terms of burning of wood and people burn wood in their fireplaces. As I said before these outdoor furnaces set up a situation where people throw garbage in them. The bottom line is you have to trust the people that own them and you can't. I would like you to approve the moratorium and most importantly end this burning from all current furnaces as well as anything that might be put in, in the future. Thank you so much for listening and watching if you have any questions I'd be glad to answer any of them. SUPERVISOR BROWER-Thank you very much. COUNCILMAN BREWER-Want me stop the tape? MRS. CLARK- You can leave it going you have two hours worth of smoke here. SUPERVISOR BROWER-You can leave it running we can't see it but the audience can see it. Would anyone else care to address the Town Board regarding the proposed moratorium for outdoor furnaces? PAUL DERBY, 86 ASH DRIVE-Actually Ash Drive is appropriately named because we have more than one outdoor wood burning furnace there are two on Ash Drive, one at the beginning of the road, one at the end of the road so I'm actually sandwich between the two. I support the moratorium I actually would hope that the Town would expand this to include stop usage of current units until the Town resolves what you are going to do with it. Thirdly, I hope that the Town will ban outdoor wood furnaces in Queensbury. I just want to read a couple things I was looking around and that is a good website by the way www.smokeshack.com it has some good information. I was also looking at some other things from New York State Title Six of the Official Copulations and Codes Regulations and Rules of the State Of New York 6NYCRR Section 211.2 quoting; no person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such quantity or characteristics or duration which are injurious to humans, plant, or animal life, or to property, or which unreasonably interfere with the comfortable enjoyment of life or property. Many evenings this last summer and summer is the reasonable good time around here my wife and I had to go inside close the windows, close up the house to escape thick smoke and the obnoxious smell from outdoor furnaces, one a thousand feet to the east, one a thousand feet to the west, and I know at least the one to the west was in fact burning. I also want to add a little bit from the New York State DEC letter of May 14th, 2003 from the Acting Director of the Division of Air Resources. It states the DEC quote; an increase amount of complaints arising out of the operation of wood fired outdoor furnaces it states further that the complaints to DEC they have received do in fact violate the law that I just read. It gives some numbers in there the tech numbers about the emissions from these things. There is also a number there to call to get more information. Several Town's in New York already have bans on these Watertown, Marcellus; South Glens Falls has a moratorium. Other Town's in New York have area and zoning restrictions, which I'd like to see. I'd also like to quote briefly from a letter Richard Valenteni, the Director of the Air Pollution Control Division of the State of Vermont. Quoting the Vermont Air Pollution Control Division has been fielding numerous complaints about the smoke from outdoor furnaces for REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 107 years. We rarely receive complaints about the smoke from indoor wood stoves, which are far greater in number. We frequently have to deal with complaints about smoky outdoor wood furnaces. Do to the problems encountered by the furnaces we have adopted a regulation that prohibits the furnaces from being installed within two hundred feet of a neighbor's residence. This at least prohibits them from being installed in a densely residential neighborhood which, of course, on Glen Lake we have. To me two hundred feet isn't enough we are a thousand feet from each one and the smoke is terrible. Queensbury is a rapidly growing suburban place it's no longer a rural area. I think these may be appropriate in rural areas, but not in the Town that we currently have. We need to be proactive on this look ahead to what we want Queensbury to look like, what we want it to smell like, and what we like it to be like. I support the moratorium further I think the Town should ban them and make remove the existing units at least in the high population density areas. They are unhealthy, unsightly, produce foul odors, and are hazardous to the environment. Thank you. SUPERVISOR BROWER-Thank you. Would anyone else care to address the Town Board regarding this issue? MRS. CLARK-I am Ann Clark and I'm also a resident of Glen Lake. I have a neighbor fifty feet away from me who has a furnace and my house most of the time is enveloped in smoke all day and all night if you don't believe me come over and see. I consider this to be a serious health issue fortunately for my husband and I we go to Florida in the winter. I don't think we would survive if we didn't it is that thick. I have the support of all the neighbors around there are other people fifty feet on the other side. There is the Russo family; there are many families in there who are impacted by this particular furnace. I don't understand how the Town can give permits to a furnace like this that runs smoke like this four, five, times a day for hours. I don't understand how they can give a permit for fifty feet away from them... .. COUNCILMAN STEC-They are not permitted. COUNICLMAN BOOR-There is no restriction that's why we are addressing this. MRS. CLARK-There is no restriction. I see I don't understand that part of it. Is there any requirements on the emissions that come out like they do with industry? COUNCILMAN BREWER-I would bet there are emission standards, but provided they are burning something clean. You can have an emission standard on a muffler on a car if you run gas mixed with oil it's not going to prevent it from having bad emISSIOns. MRS. CLARK-But, there is no way to check as to what pollution this is putting out? COUNCILMAN BREWER-I'm sure there is a way to check it. COUNCILMAN BOOR-I think we can do better than that actually. I think that's what we're working towards. COUNCILMAN STEC-Right we're looking to avoid pollution. MRS. CLARK-When they put the smoke stacks in they placed this one lower than our property so that when the smoke comes over you don't see it on the video, but we really do get covered the odor is unreal. At night you cannot sleep for the REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 108 pungent odor that this produces. It is usually around midnight one in the morning that it really gets bad. We suspect that there is things being put into the stove that shouldn't be put in there, but I'm certainly not going to stand out there at one in the morning and take pictures of whosever doing it, which is what I've been advised to do by the Town I'm not going to do that. I don't think it's my responsibility to have to track the neighbor that way. I think it's the Towns job because this is a Town issue it is an environmental issue that impacts my family and my health. If I open my door to go outside I get smoke filled in my house. If I open my window at night in my bedroom, which I can't do, but if I do it is filled with smoke. We have a junkyard appearance that is there because the wood pallets and the trucks of the trees are strewn all over the yard so it impacts on the environment. We also have the use of a power saw in the middle of the night when the person decides they want to cut the wood. I'm hoping that you will definitely consider the moratorium. I really think for the health of the community you should consider stopping this altogether. I appreciate the time that you have given me to speak to this issue. Thank you. SUPERVISOR BROWER-Would anyone else care to address the board during this public hearing? LORRIANE STEIN, 86 ASH DRIVE-Again, I support everything that everyone has said so far tonight. Just to reiterate I want to make it clear that this is not something that just happens during the wintertime it also happens during the summer. I have spoken with Roger Boor as my Town Representative because of the fact during a warm evening I had all the windows opened and had to go upstairs because most of my windows upstairs are always opened had to go close every single window in my house because I couldn't stand the smell. We should not have to live like that it just does not make sense that the Town does not have any restrictions whatsoever. Anybody anywhere in this Town can put one right next to your window if they want. I am in favor of the moratorium and I would also like to see a ban of the furnaces. I would also like to see a ban of the ones that are currently in use, that's all I have to add tonight. Thank you. SUPERVISOR BROWER-Would anyone else care to address the board during this public hearing? LORIE GRAVES, 82 ASH DRIVE-I like my neighbors I am situated between the two furnaces. Most of the time we just shut our windows and turn the air conditioner on. You can't sit outside; you can't walk the bike path because one of them you walk right down the bike path you walk right by it the smoke pouring out of it. I believe they documented Mr. Brown's furnace and I believe the other furnace on Ash Drive also burns garbage the smell is horrific. I'm in favor of the moratorium. I'd be in favor if the Town can't put a ban on existing furnaces maybe some guidelines should be set up and annual permits have to be issued in order to operate them. I agree with Mrs. Clark that it is maybe the responsibility of the neighbors to report violators, but we are not a policing agency that is up to the Town. When a violation is reported it's the Towns duty to see that justice is done and that violators do what's right. Thank you. MARIANNE MCGOWAN, SON MATTHEW MCGOWAN 48 BIRCH ROAD MRS. MCGOWAN-Presented pictures to the board. We have a family of three children just to the north of us there is also the Pogonowski's they have a family of two soon to be three children. I just wanted to address again, the public health issue with that having such a good size community of elderly people and children are the fact that we can't enjoy our yard. The fact that this runs from September REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 109 until at least June every year because my son is a friend with Mr. Browns son and the reason he has been given the need that this runs so long is that it's difficult to start up again once it stops. So you end up with the situation that this thing is running for what amounts to ten months out of the year. My children would like to be more active outside we all would like to be more active outside. We own a wetlands property that borders Mr. Brown's. My son plays for A YHA he would love to be out there on the ice on Glen Lake and out on our wetlands property skating. We have to sit and watch the weather channel to make sure that the wind is blowing strong enough from the west to blow the smoke out over the lake so that my children don't get this directly in their lungs. Unfortunately most of the time during the year we have calm conditions during the winter and you'll see the haze just sit over Birch Road and Ash Drive. I think it is worst now with the second furnace on Ash Drive that it just hangs in the air and you can feel it get into your lungs immediately. My son said numerous times how can they let this happen how can this be that we can't go outside we can't even enjoy our property. The smoke stack as it currently exists is actually; I can see the top of the smoke stack from my kitchen window so any time there happens to be breeze from the south, southeast, again, I'm watching the weather channel. That's going directly into our yard and you just have to take one step out the door to realize that you can't work in the yard that day. The kids can't play in the driveway because it just immediately hits your lungs. My son has also had conversations with Mr. Brown's son and another one of the rationales that they give for using this type of furnace on a hundred foot size property with no wood available is apparently he burns free material that's how it's been explained to him. That free material is pallets, stumps and whatever else he can obviously get his hands on as we've seen. I agree with the comments regarding the obnoxious smoke. Again, the pallets and the garbage it just hit you the minute you walk out the door. I have had my kids run in the house because of the smoke and calm conditions the smoke getting in their lungs and they don't feel that they can safely play outside. Again, most of the time in the winter calm conditions, conditions where the smoke just gets everywhere in the entire neighborhood and all of the unfortunately neighbors lungs because of this individuals actions. It's a hundred foot lot and this thing is on it, it's ridiculous. There is no available wood for this gentlemen to burn and it certainly is not an appropriate place to have an outdoor furnace with no fuel available certainly not clean burning fuel. I would support the moratorium and also would support banning any existing furnaces from any lots that are to small to support the emissions that are being generated from these. If you read any type of literature on these they are not designed to burn clean. There is essentially a water furnace and the wood never really gets hot enough to burn so that there isn't any exhaust. They constantly go through this smoke cycle unfortunately seeing about every fifteen minutes you will see plumes of smoke even when it's burning efficiently. COUNCILMAN BREWER-It actually doesn't burn hot? MRS. MACGOWAN-It doesn't burn hot because there is water incasing. COUNCILMAN BREWER-Circulation pump or something. COUNCILMAN BOOR-The oxygen gets cut off so that they don't burn the wood up to fast. They want the wood to last a long time so it smolders the fire, keeps the heat in there, and then when it's almost going to out then it let's enough air in to get the fire back up then it shuts it down. MRS, MACGOW AN- That fifteen minutes when the air gets in is when you see horrific not puffs, I wish it was puffs; you know plumes is more of an adequate word. I don't know how many times I've sat at my kitchen window and seen this REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 110 smog envelope Ash Drive and Birch Road that's being generated from this furnace on calm days it's absolutely ludicrous that this type of device could exist in a densely populated neighborhood. That's even if it burned cleaned material, but unfortunately we all know that it doesn't. SUPERVISOR BROWER-Thank you. Would anyone else care to address the board during this public hearing regarding a moratorium on outdoor furnaces? Seeing no other takers I think the board has a very solid impression of what you've been enduring. I'll close the public hearing at this time and ask Town Board members if they have any comment at this time. Before I do that I'll ask Bob, Bob this moratorium is a moratorium on any new wood burning furnaces is there anything that can be done about existing furnaces that are creating problems like this? TOWN COUNSEL, HAFNER-Not immediately. As part ofa Ordinance which a Town has the right to put in regulating outdoor furnaces there are ways of amortizing of giving them a certain number of years that they can continue to use the existing ones that they already have after that time period they would no longer be able to. That is one of the things that when Roger came and talked with us about this he asked for a meeting with Chris and with the Fire Marshal. SUPERVISOR BROWER-Is that like the Sign Ordinance where they get ten years to conform? TOWN COUNSEL, HAFNER-Exactly. One of the things that we will want to talk to the Town Board we will probably do it in memo form is what range is reasonable and acceptable probably not something that we want to talk about in public until we've had a chance to give that to you to discuss. There are ways its not immediate it's just people who already have them there are certain rights they have to continue. SUPERVISOR BROWER- That would be part of a future Ordinance which would be passed in 2004. TOWN COUNSEL, HAFNER-Exactly. The whole purpose of this is that there has been complaints stop so that we don't have other people who are running into the same situation that these people on Ash Drive are running into so that it doesn't spread farther. Give you guys on the Town Board a chance to investigate and think about how you want to deal with it. Then put together an Ordinance going forward that may prohibit or restrict or only let on certain types of property with certain distances from neighbors all those things that you guys as a board get to think about. We will also deal with the I think it's called amortization where you have a certain number of years that they can continue to do it. At the end of that time period they will no longer be able to unless they meet what ever standards you have. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 6, OF 2003 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 119 ENTITLED "OUTDOOR FURNACE MORATORIUM" RESOLUTION NO. 526,2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 111 SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 6, of 2003 entitled, "A Local Law to Amend the Queensbury Town Code by Adding a New Chapter 119 Entitled, "Outdoor Furnace Moratorium'" which Law shall authorize a temporary moratorium on the use of any new outdoor furnace within the Town of Queensbury for a period of 180 days after the effective date of the Local Law, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law 910, and WHEREAS, the Town Board duly held a public hearing on December 15th, 2003 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6, of 2003 to amend the Queensbury Town Code by adding a new Chapter 119 entitled, "Outdoor Furnace Moratorium'" which Law shall authorize a temporary moratorium on the use of any new outdoor furnace within the Town of Queensbury for a period of 180 days after the effective date of the Local Law, as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the N ew York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 15th day of December, 2003, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-There is nothing we can do to police it right now is there? TOWN COUNSEL, HAFNER-I've talked with Dave and I know that Chris has talked with Dave and what happens is when we go over it's already ash. Dave Hatin has been trying to work with this to try and help. COUNCILMAN TURNER-Asked if Dave Hatin could make an approach to the people that are involved with the burning of the furnaces right now and suggest to them what is happening and ask them to make a consideration not to institute the burning of stuff that they shouldn't be. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 112 TOWN COUNSEL, HAFNER-Thinks he had contact with the people they are talking about it sounds like there hasn't been a change in behavior. That is definitely something if you want to ask him to do we can ask him to do that. LOCAL LAW NO.6, OF 2003 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 119 ENTITLED" OUTDOOR FURNACE MORATORIUM" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Title and Authoritv. The Queensbury Town Code is hereby amended by adding a new Chapter 119 entitled "Outdoor Furnace Moratorium." This Local Law is adopted in accordance with Municipal Home Rule Law 910 and shall be as follows: ~119-1. Purpose. Outdoor furnaces are not currently subject to regulation in the Town. However, several unregulated outdoor furnaces are currently in use in the Town and installation of additional outdoor furnaces is anticipated. Concerns have been raised regarding the safety and environmental effects of these heating devices, particularly the production of offensive odors. The Town has significant concerns regarding the potential impacts of unregulated outdoor furnaces and believes that this moratorium is necessary in order to allow the Town Board time to investigate the relevant issues and adopt a Local Law regulating outdoor furnaces. ~ 119- 2 Definitions. "Outdoor furnace" shall mean a heating system which burns wood and/or other combustible material in a furnace located outside of the premises being heated. ~119-3 Moratorium. The Town of Queensbury hereby imposes a moratorium on the use of any new outdoor furnace for a period of one hundred eighty (180) days after the effective date of this Local Law. This moratorium shall apply to any outdoor furnace which is not in operation prior to the effective date of this Local Law. ~119-4 Extensions. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 113 This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. ~119-5 Termination. This moratorium shall be terminated earlier than the one hundred eighty (180) day period upon enactment of any local legislation which constitutes a new Local Law governing the use of outdoor furnaces in the Town of Queensbury. SECTION 2. Severability. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 3. Reoealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law 927 or as otherwise provided by law. CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Town Clerk Monthly Reports for October & November 2003. Community Development - Building & Codes - Supervisor's Report for November 2003. Landfill Monthly Report for November 2003 all on file in Town Clerk's Office. Read the following letters into the record. Letter dated December 8, 2003 Mr. William Remington County Superintendent of Public Works 4028 Main Street Warrensburg, NY 12885-1100 Re: Speed Reduction Request Queensbury Avenue Town of Queensbury Warren County Dear Mr. Remington: This letter is to acknowledge receipt of your recent request. The Traffic Engineering and Safety Office has initiated a study of this matter and will advise REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 114 you of the results upon completion. In the interim, if you have any questions or additional comments regarding this matter, please do not hesitate to call my office at 388-0380. Thank you for your interest in traffic safety and for taking the time to call this location to our attention. Sincerely, William Logan Regional Traffic Engineer Letter dated December 11,2003 Dennis Brower, Supervisor Town of Queensbury 742 Bay Road Queensbury, NY 12804 Dear Supervisor Brower: At the annual meeting of our company in December, considerable discussion was given to the proposed funding by the Town of Queensbury for EMS services at West Glens Falls Emergency Squad. Our company is concerned about the funding of EMS service to one section of the T own and not total coverage for the Town if this paid service is provided. The North Queensbury Fire Company provides a First Responder program to provide our residents medical care until the arrival of an ambulance. We are in no way against improved medical care but urge you to look and consider a program that would provide the North Queensbury residents, who are among the highest taxpayers, with the same quality emergency care. Sincerely, John Owen, President Letter dated December 9,2003 Dennis Brower, Supervisor 742 Bay Road Queensbury, NY 12804 Dear Dennis: Our North Queensbury Rescue Squad met recently and discussed the various issues being raised about the Town's EMS and aired in the Post Star. We want you to be aware of our concerns on some of these issues, as we have actively provided EMS to our residents for many years. I was asked specifically by our Board of Directors and our General Membership by Resolutions to write you our concerns. It appears that the other two EMS squads have already met privately with the Town Board, completely excluding North Queensbury Rescue Squad from any participation. We strongly object to being left out of the loop, especially if decisions are being made as to our future. We feel our input is just as important as REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 115 any other and absolutely essential as we do represent a significant portion of the Town's assessed value. And a significant portion of the $85,000 earmarked for paid staff at the West Glens Falls Squad came fro taxpayers in North Queensbury who will have no benefit from this expenditure. It is not that we object to paid staffing but it is the funding of it that is at issue. North Queensbury Rescue Squad has a proud record of exceptional service to our Community. Weare set apart from the other Squads not only by distance but also by our having to face Lake and Mountain emergencies, which are not common to the rest of the Town. We think it important and prudent that we be included in any future discussions and certainly before any decisions are made. Sincerely yours, Dave Irons President Letter dated December 10,2003 Robert L. Evans, Health Officer Report (on file Town Clerk's Office) Letter dated December 10,2003 Dennis Brower, Town Supervisor 742 Bay Road Queensbury, NY 12804 Dear Supervisor Brower and Members of the Town Board, This is to inform you that I am resigning from the Town of Queensbury Planning Board, effective December 31, 2003. I want to express my gratitude for a rewarding professional association during my tenure with my fellow Planning Board members and the Town's Planning Department. Sincerely, John Strough Letter dated December 15,2003 To: Supervisor Brower Councilman Boor Councilman Turner Councilman and Supervisor- Elect Stec Councilman Brewer Councilman -Elect Strough REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 116 Unfortunately, recent surgery prevents me from attending tonight's meeting. However, it is still important for each member of the Town Board, as well as members of the public attending and viewing this meeting, to hear my reaction to the Supervisor-elect's desire to abolish the position of Comptroller, despite its long-demonstrated value to Town taxpayers. When the Town Board, at the initiative of Supervisor Fred Champagne, created the position in 1994, the goal was to introduce business and financial management expertise equal to Town government's complexity and growing budgets. Fred and the other Board members recognized that the many duties of Town Supervisor, in a municipality as diverse as Queensbury, demanded not only his own full attention, but a small cadre of professional specialitists - in land use, public utilities, recreation, business and finance, and others to carry out governmental functions effectively and efficiently. Fred also recognized that the strengths of an elected Supervisor to deal with the details of the job that demanded his personal attention- policy development, intermunicipal affairs, constituent services, leadership, consensus building, coordination of departmental activities, budget enforcement, representing Queensbury voters at Warren County, and others - did not necessarily include the attributes to also personally and professionally direct the day to day and long - term business and fiscal management needs of the Town. Fiscal management in today's world is a skilled profession, not a politically endowed attribute. Yes, creating the Comptroller's position did require the Supervisor to share his fiscal responsibility, but not his authority. Abolishing or supporting the Comptroller's position today is also not a question of authority, but of wisdom. Past Supervisor Champagne and current Supervisor Brower combined 10 years experience lend creditability to their support of the Comptroller's position. The Comptroller's position has been widely adopted by local governments of Queensbury's size throughout the state, with duties and responsibilities of similar scope. Due to the extensive business backgrounds and executive experience of professionals holding the position, the Comptroller is valued for specialized fiscal and business expertise not necessarily characteristic of candidates for elected office at the local level. In fact, sine 1997 Queensbury has received excellent value from the Comptroller's office when it recruited and retained a locally committed Comptroller at a lower salary, and far less departmental payroll, then comparable municipalities. The decision to create the position of Town Comptroller 10 years ago was studied, planned, and well thought out by a Town Board with many years of collective government service. In 1999 the Town Board explored methods of protecting my tenure by creating a Civil Service position in the Exempt Class. However, that idea was abandoned after diligent research, including communication with the Warren County Personnel Officer, determined that the position of Comptroller should not be compromised. The current proposal to abolish the position is introduced by a Supervisor-elect that has not accumulated the experience to justify such as drastic change in the structure of Town Government. Restoring the Comptroller's duties to an inexperienced electee is ill advised. This important decision should be made in the interests of good government and fiscal responsibility to your constituents, not simply to accommodate the wishes of an unseasoned administration. Events over the past four years reveal the motive for this recommendation to be highly personal. Although I continue to appeal to the Supervisor-elect to recognize the common ground that surely exists between two public servants motivated to serve the interests of good government, those overtures continue to be evaded. I REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 117 agree that, under current conditions, establishing an amendable working relationship would be challenging, but one that neither of us - as adults, exemplars, and public leaders - should avoid. However, even if I cannot continue to serve as Comptroller, the position itself should not be abolished. A worthy Comptroller, by virtue of a two-year appointment, is able to influence fiscally sound business deliberations, behind the scenes, with only the threat of the Supervisor and Town Board's displeasure, but not imminent dismissal. Remember, the Town Comptroller cannot substitute his judgment for the Supervisor nor the votes of individual Town Board members. But the Comptroller is a valuable information resource for each of you, whether or not he agrees with your individual opinions or, ultimately, your collective decisions. I strongly encourage each Councilman to vote the interests of his constituents, and not yield sole oversight of fiscal responsibilities back to politics, especially in this era of unprecedented, Town-wide spending growth. I repeat the pledge I made in January 2002 when a similar effort was repulsed by objective Town Councilmen... "the recent controversy will not diminish the outstanding value that the office of Town Comptroller represents to Queensbury taxpayers... Fiscal responsibility, accountability, and the pursuit of effective and efficient government remain primary objectives of the Town of Queensbury Comptroller's Office." Henry Hess, Town Comptroller OPEN FORUM KAREN ANGLESON, 1 GREENWOOD LANE-Asked what has changed and decreased in responsibilities since 1994 that would be bringing about the resolutions regarding Abolishing the Position of Town Comptroller and replacing it with Establishing Position of Full- Time Budget Officer and Appointing Temporary Full-Time Budget Officer? Read into record the job description for Town Comptroller and his responsibilities noting she found this on the website. Asked if the Town Supervisor would become the Budget Officer if that were the case what are his qualifications to do all the numerous jobs? How much will the Town Supervisor be involved if you abolish the position of Comptroller? What kind of a job description will you have for Budget Officer? Will the Budget Officer just be the person that prepares the budget what would happen to the three people that report to the Comptroller? Need to think over very carefully what you are doing for the finances of the Town. DAN VALENTE, PRESIDENT VALENTE HOMES, 50 COUNTRY CLUB ROAD, QUEENSBURY-Spoke to the board regarding Bay Road Sewer Project noting there has been some discussion regarding the Town purchasing the sewer lines that have been installed as of late. If the Town does take control of this sewer line takes the third party out of play so that all the parties within that district or proposed district will have equal opportunity at that sewer. Noted his concerns are that if the Town does purchase it that it doesn't purchase it until the whole sewer line is completed. We need to have it completed before you purchase it. It will do no good to the Town or to any of the individuals that would be included in this sewer district to purchase it prior to it being completed. Even if they had to wait two or three more months it, if it couldn't be done at this point to be completed that we could still wait until it can be completed at a later date then the Town can purchase it. This is paramount that everybody can have this thing completed so we can all tie in. Noted during this whole process the Town has given up his rights to a third party noting he hasn't been able to continue to do what he's wanted to do and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 118 has been waiting here, will be patiently waiting, but would like to see it completed first. Congratulated Mr. Strough and Councilman Stec noting he looks forward to seeing the board perform in the upcoming year. DAVID STRAINER, 1124 RIDGE ROAD-Commented on the letters from the North Queensbury Fire Department and Rescue Squad was under the impression that if the Town went to a paid service that we were going to cover the whole Town. COUNCILMAN STEC-Correct. MR. STRAINER-Spoke to the board regarding outdoor furnaces questioned if there is a way you can test the ash that the gentlemen is burning? COUNCILMAN BOOR-This is why they are having the workshop it is just for these kind of questions. MR. STRAINER-Questioned what the Town did before a Town Comptroller? COUNCILMAN TURNER-Budget Officer. MR. STRAINER-Who would be the Budget Officer? COUNCILMAN STEC-The second resolution appoints a Budget Officer a title after much research to essentially give somebody duties very similar to those of the Comptroller. It would be a Budget Officer somebody other than myself the size of the staff will remain the same. The duties and the function of the office will largely be the same. The same number of people and essentially the same staff will handle the nuts and bolts of the Towns finances. MR. STRAINER-Questioned why was it that they went away from it and went to the Comptroller? COUNCILMAN STEC-You would have to ask Supervisor Champagne. MR. STRAINER-Asked who the Budget Officer is going to be? COUNCILMAN STEC-It’s in the resolution. PAUL NAYLOR, DIVISION ROAD-Congratulated the board on taking their jobs back noting it always was when he was here the Supervisor was in charge and took care of the money and the Town Board worked with him. When you give it away you give your jobs away that’s not what we elect you for. We elect you to keep your hand on the dollar and get every buck back that you can. When he was here there were two people in that department noting all he’s seen it do is go up and up noting he bets there is no Department Head in this Town that got a raise faster questioned if he was right? SUPERVISOR BROWER-Thinks the raises in that department have been consistent with raises in other departments. JOANNE BRAMLEY-Spoke to the board regarding the Health Officer and the concerns about his job description the amount of money he is being paid. Asked that the annual report be read into the record. The issue with the outdoor furnaces may be an occasion where if the Health Officer were here this evening he may have been able to contribute some valuable information or is it possible that he is REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 119 someone that can be involved in investigating the detrimental effects of this smoke to the people that have to be exposed to it. OPEN FORUM CLOSED 9:00 P.M. DEPUTY TOWN CLERK, O’BRIEN-Read the Health Officer Report into the record. Letter dated December 10, 2003 Dear Dennis: It has been a pleasure working with the town this year. My job responsibilities included the following: 1. Working with Colleen Kimball as well as Joe Lombardi the animal control officers reviewing reports, making site visits and also phone calls in regards to any clinical follow up that may be warranted. 2. Site visits as requested by Colleen in regards to nuisance animal attacks as well as concerns of animal problems that might be a public health nuisance as well as follow up with David Hatin of the Code Enforcement Department in regards to issues that relate to public health nuisances and hazards. This has required multiple site visits in regards to questions that may be addressed or followed by site reviews as required. 3. I have also handled health questions requested by various town members regarding the town. 4. I have also acted as a liaison to the New York State Department of Health in regards to septic public health issues that may have occurred in the town during the year. I have enjoyed working with Joe, Colleen and David this year and I look forward to working for the town in the year ahead. Respectfully submitted, Robert L. Evans, D.O. Public Health Officer Town of Queensbury RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF GDF MANAGEMENT ASSOCIATES, INC.’S CONSULTING SERVICES IN CONNECTION WITH PROPOSED QUEENSBURY RECREATIONAL FACILITY RESOLUTION NO.: 527, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Recreation Commission is considering proposing a new recreational facility, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 120 WHEREAS, the Town Board wants to facilitate the Recreation Commission’s study of and planning for this project, and WHEREAS, the Recreation Commission requested proposals for project consultation services, and WHEREAS, the Recreation Commission and Parks and Recreation Director reviewed all responses received and have recommended that the Town Board engage the services of GDF Management Associates, Inc., for an amount not to exceed $51,000 and to use funds from the Recreation Assessment Reserve Fund No. 61, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Recreation Commission to engage the professional services of GDF Management Associates, Inc., in th accordance with the Commission’s Evaluation and Recommendation Memo dated December 8, 2003 and presented at this meeting, for an amount not to exceed $51,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Queensbury Community Center Project and authorizes expenditures in the total amount of $51,000 for the work described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to establish a separate capital project fund for such Project – Queensbury Community Center Project Fund #144, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $51,000 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 121 BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Account No.: 144-7020-4720 in the amount of $51,000 and estimated revenues in Account No.: 144- 0144-5031 in the amount of $51,000, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Town Recreation Commission Chairman to execute any necessary agreement with GDF Management Associates, Inc., in form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING SUBMISSION OF AFFORDABLE HOUSING STRATEGY TO GOVERNOR’S OFFICE FOR SMALL CITIES (GOSC) AS PER GRANT AGREEMENT WITH NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 528, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 338,2002, the Queensbury Town Board submitted a Technical Assistance Grant application to the New York State Governor's Office for Small Cities (GOSC) to address the Town’s Community Development needs in the form of an Affordable Housing Strategic Plan, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 122 WHEREAS, by Resolution No.: 468, 2002, the Queensbury Town Board accepted $25,000 in grant funds from the New York State Small Cities Technical Assistance Program to prepare this Strategic Plan, and WHEREAS, by Resolution No.: 159,2003 the Queensbury Town Board authorized the engagement of Shelter Planning & Development, Inc. to perform an Affordable Housing Strategy Study, and WHEREAS, the Affordable Housing Strategy has been developed and opportunity for review and comment held through a series of public meetings, and WHEREAS, the Town’s Senior Planner has advised the Town Board that a condition of the Grant Agreement is to submit a copy of the Affordable Housing Strategy to the GOSC by December 31, 2003, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town of Queensbury’s Community Development Department to submit the Town’s Affordable Housing Strategy to the New York State Governor's Office for Small Cities (GOSC), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documents in connection with the submission, including all certifications and forms for close-out of the Grant Agreement, and further authorizes and directs the Town Supervisor and Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE WITH APPLICATIONS FOR FUNDS AND ADMINISTRATION OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS – NEW YORK STATE SMALL CITIES PROGRAM, DIVISION OF HOUSING & COMMUNITY RENEWAL, AND AFFORDABLE HOUSING CORPORATION RESOLUTION NO.: 529, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 123 SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to apply for Community Development funds through the New York State Small Cities Program, New York State Division of Housing & Community Renewal, and/or New York State Affordable Housing Corporation, for the purposes of community development improvements for housing and any public facilities/services, and/or economic development, connected with housing, and WHEREAS, the Town’s Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding applications and to administer the funds if awarded, and WHEREAS, the Department prepared a Request for Proposals (RFP) for Community Development Services in accordance with the requirements of 24 CFR Part 85 and forwarded the RFP to eight (8) qualified planning and engineering firms, and WHEREAS, the Department reviewed the received RFP’s in accordance with the Selection Process and Criteria detailed in §85.6 of the Uniform Administrative Requirements of 24 CFR Part 85 governing procurement standards applicable to federally assisted projects, and WHEREAS, the Executive Director of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., in a term contract until the end of calendar year 2007, with specific work tasks and corresponding fees to be authorized via separate contracts, and WHEREAS, the Executive Director of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to expend an amount up to $16,000 for the development and submission of up to three (3) grant applications, to be paid from the appropriate account, and WHEREAS, the Executive Director of the Department has recommended that the Town engage the services of Shelter Planning & Development, Inc., to develop and submit a grant application through the New York State Division of Housing & Community Renewal for a HOME grant, due February 9, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 124 RESOLVED, that a payment not to exceed $6,000 shall be paid from Consultant Services Account No.: 001-8020-4720 for the 2003 portion, and BE IT FURTHER, RESOLVED, that if the Town receives HOME funds, Shelter Planning & Development, Inc., shall administer the funds on behalf of the Town at a cost within the limits allowed by the HOME Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form approved by Town Counsel and the Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003 by the following vote: AYES: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES: None ABSENT:None RESOLUTION AWARDING BID FOR SODIUM HYPOCHLORITE FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 530, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly advertised for bids for sodium hypochlorite in accordance with Water Department Bid Specifications, and WHEREAS, the Water Superintendent has reviewed the bids and, along with the Acting Purchasing Agent, has recommended that the Town award the bid for the sodium hypochlorite to Surpass Chemical Company, Inc., the lowest bidder meeting all requirements specified in such Bid Specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for sodium hypochlorite to Surpass Chemical Company, Inc., for the amount of $ .444 per gallon delivered for REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 125 approximately 26,000 gallons of sodium hypochlorite, with payment to be from the appropriate Water Department Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Water Superintendent to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #142 – WATER TRANSMISSION ENHANCEMENTS RESOLUTION NO.: 531, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design and construction of transmission enhancements to the Town of Queensbury’s water system, and WHEREAS, the total Project cost is estimated to be $3,020,000 and therefore the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Water Transmission Enhancements Project Fund #142, which Fund will establish funding for expenses associated with enhancements to the Town’s water system, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by $2,750,000 from the proceeds of obligations through proposed financing over 20 years and the transfer of $270,000 of fund balance from the Water Fund, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 126 RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #142 in the amount of $3,020,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Comptroller’s Office to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ?? Revenue Account No. 142-0141-5720 – Proceeds from Obligations - $2,750,000 ?? Revenue Account No. 142-0141-0878 – Capital Reserve - $270,000 ?? Expense Account No. 142-8340-2899 - Capital Construction - $2,386,075 ?? Expense Account No. 142-8340-4403 – Engineer/Surveyor - $240,000 ?? Expense Account No. 142-8340-4417 - Contingency - $274,925 ?? Expense Account No. 142-8340-4400 – Miscellaneous Contractual - $119,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller’s Office to amend the 2003 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. th Duly adopted this 15 day of December, 2003 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT:None RESOLUTION AUTHORIZING APPOINTMENT OF BARBARA FORD AS FULL-TIME, PERMANENT SENIOR TYPIST IN WASTEWATER DEPARTMENT RESOLUTION NO. :532, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 127 WHEREAS, by Resolution No.: 137.2003, the Town Board authorized the hiring of Barbara Ford as a permanent, part-time Senior Typist in the Town’s Wastewater Department subject to a six month probation period, and WHEREAS, the Town of Queensbury’s Deputy Wastewater Director has advised that the Senior Typist’s work load has increased and therefore has requested Town Board authorization to appoint Ms. Ford on a full-time basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Barbara Ford as a permanent, full-timeSenior Typist, a CSEA competitive position, in the Town’s Wastewater Department, and BE IT FURTHER, RESOLVED, that Ms. Ford shall be paid at the rate of pay delineated for the position in the Town’s Agreement with CSEA to be paid from the appropriate payroll account, and BE IT FURTHER, st RESOLVED, that this appointment shall be effective January 1, 2004, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller, Wastewater Director and/or Deputy Director to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT:None RESOLUTION AUTHORIZING PAYMENT TO C.T. MALE ASSOCIATES, P.C. FOR ADDITIONAL DESIGN SERVICES PERFORMED IN CONNECTION WITH THE ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 533, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 128 WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (C.T. Male) for design, contract administration and construction observation services in connection with the creation of the Route 9 Sewer District, and WHEREAS, by Resolution No.: 149,2003, the Queensbury Town Board authorized payment to C.T. Male for additional design services C.T. Male performed as a result of a change in the Route 9 sewer alignment, and WHEREAS, by Resolution No.: 193,2003, the Queensbury Town Board authorized payment to C.T. Male for additional soil borings needed in connection with the Route 9 Sewer District, and th WHEREAS, in its October 29 letter, C.T. Male advised that there have been a number of design and coordination related items that it has completed for the Route 9 Sewer Project which have extended beyond the original scope of work and were unanticipated due to several situations that occurred during the design phase, resulting in an additional cost of $48,500, and WHEREAS, the Town Board wishes to authorize the additional $48,500 expense incurred th by C.T. Male as delineated in C.T. Male’s October 29, 2003 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment to C.T. Male Associates, P.C. for additional services performed in connection with the Route 9 Sewer th District as specifically delineated in C.T. Male’s letter dated October 29, 2003 and presented at this meeting, for an amount not to exceed $48,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male’s additional services shall be from Account No.: 136-8150-4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 129 RESOLUTION APPOINTING CURRENT ALTERNATE RICHARD SANFORD AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 534, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Planning Board and the Town Board wishes to appoint a replacement, and WHEREAS, the Town Board wishes to appoint Richard Sanford, current alternate member, to serve as a regular member of the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Richard Sanford to serve as a regular member of the Queensbury Planning Board until his term expires on December 31, 2010. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT:None RESOLUTION REAPPOINTING LAURA VAMVALIS AS MEMBER OF TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO. 535, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 130 WHEREAS, the present term of Cemetery Commission member Laura Vamvalis will st expire December 31 and the Town Board wishes to re-appoint Ms. Vamvalis to the Commission st for another three year term commencing January 1, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Laura Vamvalis as a member of the Town of Queensbury Cemetery Commission to serve a three year term to commence stst January 1, 2004 and expire December 31, 2007. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT:None RESOLUTION ADDING NAMES OF ROADS IN NORTHBROOK APARTMENT COMPLEX TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 536, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Finch Way, Swan Way, Sparrow Way and Dove Way” located off Meadowbrook Road in Schermerhorn Residential Holdings, L.P.’s new apartment complex, North Brook, to the Town of Queensbury’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Finch Way, Swan Way, Sparrow Way and Dove Way” to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 131 RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying these roads, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 15 day of December, 2003, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) SAND/SALT SPREADERS FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 537, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Deputy Highway Superintendent has advised the Town Board that he has obtained proposals for the purchase of sand/salt spreaders for the Highway Department and has requested Town Board approval to purchase two (2) sand/salt spreaders from T&T Sales for $3,494 per spreader or a total price not to exceed $6,988, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent and/or Deputy Highway Superintendent purchase of two (2) sand/salt spreaders from T&T Sales for an amount not to exceed $6,988, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 132 RESOLVED, that the Town Board authorizes a 2003 Budget amendment and transfer of $7,000 from Misc. Contractual Account No.: 04-5110-4400 to Heavy Equipment Account No.: 04- 5130-2040 to pay for this purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2004 COMBINATION DUMP BODY WITH SNOWPLOW AND HYDRAULICS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 538, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2004 Combination Dump Body with Snowplow and Hydraulics as specified in bid specifications to be prepared by the Highway Superintendent and/or Acting 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’s Acting Purchasing Agent to publish an advertisement for bids for a 2004 Combination Dump Body With Snowplow and Hydraulics for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 133 RESOLVED, that the Town Board further authorizes and directs the Acting 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. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR CONTRACT 3A IN CONNECTION WITH CREATION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO. 539, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 444,2002, the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (C.T. Male) for design, contract administration and construction observation services in connection with the creation of the Route 9 Sewer District, and WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final Order approving creation of the Route 9 Sewer District, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for Contract 1 of the Route 9 Sewer Project and by Resolution No.: 379,2003, the Town Board awarded the bid for Contract 1 to Trinity Construction, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for Contracts 2 and 3 of the Route 9 Sewer Project and by Resolution No.: 345,2003, the Town Board authorized the advertisement for bids for Contracts 2 and 3 (3A and 3B), and WHEREAS, Contract 3A will generally provide sewer service along both sides of US Route 9 from the Coach House Restaurant north to the Warren County Municipal Center, and WHEREAS, the Town Clerk and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Town Clerk duly received and the Acting Purchasing Agent duly opened all bids, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 134 WHEREAS, C.T. Male and the Town’s Deputy Wastewater Director have recommended that the Town Board authorize awarding of the bid for Contract No. 3A to the lowest responsible bidder, Highlander Construction, for an amount not to exceed $420,978.75, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bids for Contract No. 3A in connection with the creation of the Route 9 Sewer District from the lowest responsible bidder, Highlander Construction, for an amount not to exceed $420,978.75, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a contract in form acceptable to the Town Supervisor, Deputy Director of Wastewater, Town Comptroller and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an additional appropriation of $5,000 for construction contingencies for this Contract, not to include fees for engineering or inspection services, all such contingency services to be pre-approved in accordance with the Town’s Purchasing Policy, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate Route 9 Sewer District Capital Project #136 Account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Acting Purchasing Agent, Wastewater Director, Deputy Director of Wastewater, Town Counsel and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 15day of December, 2003, by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 135 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY TAX ASSESSMENT CASE COMMENCED BY DOUGLAS MABEY & EXIT 18 BUSINESS PARK, INC. RESOLUTION NO.: 540, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Douglas L. Mabey and a corporation owned by him, Exit 18 Business Park, Inc., previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning certain commercial property located on Big Boom Road identified by // tax map parcel nos.: 137-2-4.1 and 137-2-4.3 for the 199899, 199900 and 2000/01 tax years and the same property by tax map parcel numbers 309.17-1-23.1 and 309.17-1-22 for the 2001/02 tax year, and WHEREAS, by Resolution No. 157,2003, the Town Board authorized settlement of those cases, and WHEREAS, Douglas L. Mabey and Exit 18 Business Park subsequently filed an Article / 7 Real Property Assessment Review case on the same parcelsfor the 200304 tax year, and / WHEREAS, Douglas L. Mabey and Exit 18 Business Park propose to settle the 200304 case upon a reduction of $58,500 in the assessment of each parcel at issue, being the same amount of assessment reductions on which the cases for the prior tax years were settled, and WHEREAS, the Assessor has recommended settling the 2003/04 case upon the proposed terms, which would constitute the same amount of assessment reductions on which the cases for the prior years were settled, and WHEREAS, the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that the District administrators will recommend that the School Board approve the proposed settlement and School Board approval is expected, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury by Douglas L. Mabey and Exit 18 Business Park, Inc., concerning certain commercial property located on Big Boom Road (tax / map parcel nos.: 309.17-1-23.1 and 309.17-1-22) for the 200304 tax year in accordance with the following revised assessment values: REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 136 Tax Map Parcel No.: 309.17-1-22 309.17-1-23.1 Original Assessed Value: $702,900 $769,000 Revised Assessed Value: $644,400 $710,500 Reduction: $ 58,500 $ 58,500 and BE IT FURTHER, RESOLVED, that if the Court Order directing that the assessments on the subject parcels be revised in accordance with this Resolution is not received by the County Treasurer in time to revise the 2004 Town and County tax bills before they are issued, and Mabey and Exit 18 pay , 2004 Town and County taxes based upon the Original Assessed Values shown abovethe Town Board authorizes and directs that payment of the necessaryrefunds, without interest, shall be made to Douglas L. Mabey and Exit 18 Business Park, Inc., within forty-five (45) days from the , date that a Demand for Refunds, with Court Order is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that in accordance with applicable law, this settlement shall fix the assessments of the parcels identified as tax map parcel no. 309.17-1-23.1 and 309.17-1-22 at $710,500 and $644,400, respectively, through the 2006/07 tax year unless Petitioners make a change to one or both of the properties or the Town completes a revaluation before that time, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 15 day of December, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED TOWN-WIDE REVALUATION CAPITAL PROJECT RESOLUTION NO.: 541, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 137 SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board adopted the Year 2003 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town’s proposed 2003 prioritized short and long-term Capital Projects, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed 2005 Town-wide Revaluation Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on January 12, 2004 to hear all interested persons and take any necessary action provided by law concerning establishment of the proposed 2005 Town-wide Revaluation Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 15 day of December, 2003, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF EVANNA DRIVE IN PINE TREE CIRCLE SUBDIVISION RESOLUTION NO. 542, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Cerrone Builders, Inc., has offered a deed to dedicate Evanna Drive, a road located in the Pine Tree Circle Subdivision located off Sherman Avenue to the Town of Queensbury th as described in an November 18, 2003 Survey prepared by VanDusen & Steves, Land Surveyors, LLC, and REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 138 WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances have been made in accordance with Town Water Department standards, and WHEREAS, the Town Director of Building and Codes Enforcement has inspected the road and recommended its acceptance, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for Evanna Drive in the Pine Tree Circle Subdivision as a Town highway, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Cerrone Builders, Inc. to properly record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Name : Evanna Drive Road Number : 542 Description : Beginning at Upper Sherman Avenue and continuing in a northerly direction a distance of 751 feet and .14 hundredths of a mile and ending at a cul-de-sac. Feet : 751’ and .14 of a mile th Duly adopted this 15 day of December, 2003, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 139 NOES: None ABSENT:None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 543, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller’s Office to take all action necessary to transfer funds and amend the 2003 Town Budget as follows: ASSESSOR FROM: TO: $ AMOUNT: 01-1355-4030 01-1355-4740 1,580. (Postage) (Article 7 Appraisals) 01-1990-4400 01-1355-4740 7,653. (Misc. – Contingency) (Article 7 Appraisals) BUILDING & GROUNDS FROM: TO: $ AMOUNT: 001-1620-4070-0024 001-5132-4060 3,000. (Building Repair Supplies) (Repair Contractual) 001-1620-4070-0023 001-5132-4300 2,400. (Bldg. Repairs Supplies) (Electricity) 001-1620-4070-0022 001-1620-4070-0027 300. (Bldg. Repairs Supplies) (Bldg. Repairs Supplies) 001-1620-4060-0029 001-5132-4060 2,500. (Repair Contractual) (Repair Contractual) 001-1620-4070-0024 001-1620-2001 4,841. (Repair Contractual) (Repair Contractual) 001-1620-4060-0022 001-1620-2060 200. (Bldg. Contractual) (Tools/Equipment) CEMETERY REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 140 FROM: TO: $ AMOUNT: 02-8810-2899 02-8810-4800 1,800. (Misc. Cap. Constr.) (Equip. Repair Service/Supplies) CENTRAL MAILING FROM: TO: $ AMOUNT: 01-1670-1060 01-1670-4791 625. (Clerk-F/T) (Equip. Mntc. Contract) COMMUNITY SERVICES FROM: TO: $ AMOUNT: 001-1990-4400 001-8989-4414 7,000. (Contingency) (Comm. Serv. Contractual) LANDFILL FROM: TO: $ AMOUNT: 910-8160-2001 910-8160-4680 64. (Misc. Equipment) (Loader Repairs) 910-8160-4080 910-8160-9060 378. (Legal Advertisement) (Medicare Premium Reimb.) PERSONNEL FROM: TO: $ AMOUNT: 01-1430-4010 01-1220-4220 412. (Office Supplies) (Training & Education) WATER FROM: TO: $ AMOUNT: 40-8320-1410 47-8340-4400 466. (Laborer A PT) (Misc. Contractual) th Duly adopted this 15 day of December, 2003, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITION/GRADE SCHEDULE FOR 2004 RESOLUTION NO.: 544, 2003 REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 141 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted and then revised a Non- Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Schedule as proposed in the document presented at this meeting entitled, “Town of Queensbury 2004 Non-Union Position/Grade Schedule” effective January 1, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non- Union Position/Grade Schedule effective January 1, 2004 as follows: Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2004 Grade Job Title Ungraded Parts Shop Foreman – to be paid at CSEA Working Foreman Scale 1 None 2 None 3 Records Clerk Real Property Data Collector 4 Deputy Court Clerk Deputy Town Clerk II Real Property Tax Service Assistant Account Clerk Deputy Tax Receiver 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Court Clerk Deputy Town Clerk I Deputy Fire Marshal Senior Account Clerk Senior Citizen Program Coordinator Assistant to Assessor Computer Technology Assistant Billing Supervisor Code Compliance Officer 6 Assistant to the Comptroller/Accountant Assistant Director Recreation Computer Technology Coordinator Data Collector/Appraiser Confidential Legal Secretary/Assistant Planning Assistant Fire Marshal 7 Director Building & Code Enforcement Senior Planner Code Compliance Officer/Zoning Administrator Water Maintenance Distribution Supervisor 7M Cemetery Superintendent REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 142 Director Solid Waste Operations Director Building & Grounds (Facilities) 8M Deputy Highway Superintendent Deputy Superintendent Water Director Parks & Recreation Deputy Superintendent Wastewater 9M Assessor Director of Information Technology 10M Comptroller Executive Director Community Development Superintendent Water & Wastewater and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 15 day of December, 2003 by the following vote: AYES : Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION SALARY STRUCTURE FOR THE YEAR 2004 RESOLUTION NO.: 545, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted and then revised its Wage and Salary Structure (Structure) as part of its Salary Administration Program in Section IV of the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Structure as proposed in the document presented at this meeting entitled, “Town of Queensbury Non-Union Salary Structure,” effective January 1, 2004, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 143 RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non- Union Salary Structure effective January 1, 2004 as follows: Town of Queensbury Non-Union Salary Structure Effective January 1, 2004 GradMinimum MidpoiScheduled Extended e nt Max Max 1 16,635 20,377 24,119 24,360 2 18,631 22,824 27,016 27,286 3 20,867 25,563 30,258 30,561 4 23,371 28,630 33,889 34,228 5 26,176 32,066 37,956 38,336 6 29,317 35,913 42,508 42,933 7 32,835 40,222 47,608 48,084 8 36,775 45,049 53,323 53,856 9 41,188 50,456 59,724 60,321 10 46,131 56,511 66,891 67,560 7M 32,835 40,222 47,608 50,203 8M 36,775 45,049 53,323 56,230 9M 41,188 50,456 59,724 62,979 10M 46,131 56,511 66,891 70,537 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to replace the current Non-Union Salary Structure with this new Non-Union Salary Structure in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 15 day of December, 2003 by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT:None ABSTAIN:Mr. Turner – Building & Code Enforcement Officer I and Deputy Town Clerk II RESOLUTION ADOPTING PART-TIME HOURLY WAGE AND ANNUAL STIPEND, NON-MANAGEMENT, NON-UNION FULL-TIME STAFF AND MANAGEMENT STAFF SALARY SCHEDULES EFFECTIVE JANUARY 1, 2004 RESOLUTION NO.: 546, 2003 REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 144 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to adopt new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff for 2004, and WHEREAS, these salary schedules shall supersede all previously adopted salaries for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff, effective January 1, 2004 as follows: Part-Time Hourly Wage and Annual Stipend Schedule Year 2004 Position Name Wage/Stipend Clerk-Assessor’s Office, Part-time Barbara Howe 12.67 Real Property Tax Service Asst., Part-time Elizabeth Dybas 15.34 Cemetery Secretary Gail St. Clair 11.47 Court Officer – Hourly Rate James Gerrard 12.17 Court Officer-Service Fee James Gerrard 20.99 School Traffic Officer (two hour guarantee) Various 12.38 Clerks, Temporary and Part-time Various 10.50 Laborer, Part-time Various, Primarily Solid Waste 12.00 Cleaner, Part-time Cammie Laplanche 9.60 Senior Typist (Waste Water), Part-time Barbara Ford 13.96 Senior Account Clerk, Part-time 11.19 Data Collector, Part-time 11.26 Temporary Mapping Technician Howard Bluege 12.36 Deputy Court Clerk, Part-time Patricia Crayford 10.48 Joint Assessment (Glens Falls) Helen Otte Incl in Salary Tax Receiver Darleen Dougher 6,372 Historian Marilyn VanDyke 5,100 Deputy Supervisor 1,367 Planning & Zoning Board Chairman 60. Per meeting Secretary 55. Member 50. Board of Assessment Review Per session 50. Non-Management - Non-Union Position Name Grade OT Salary Director Building & Codes Hatin, David 7 Ex 48,084 Code Compliance Officer/Zoning Adm Brown, Craig 7 Ex 40,862 Senior Planner Ryba, Marilyn 7 Ex 44,500 Maintenance Supervisor - Water Burch, Timothy 7 Ex 48,084 Confidential Legal Sec./Assistant Martin, Pamela 6 Ex 42,327 Assistant Recreation Director Lovering, Steven 6 Ex 41,500 REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 145 Computer Technology Coordinator Shaw, William 6 38,000 Data Collector/Appraiser Meade, Sharon 6 37,539 Fire Marshal Smith, Stephen 6 Ex 34,848 Accountant Switzer, Jennifer 6 Ex 38,601 Land Use Planner Hilton, George 6 Ex 41,140 Court Clerk Stockwell, Karen 5 Ex 38,336 Court Clerk Finamore, Carol 5 Ex 38,336 Deputy Town Clerk I Barber, Caroline 5 Ex 38,336 Senior Account Clerk Hammond, Marilyn 5 36,570 Court Clerk Hatin, Kerrie 5 Ex 31,349 Bldg & Code Enforcement Officer O’Brien, John 5 36,778 Senior Citizen Program Coordinator Kathe, Kathleen 5 33,239 Bldg & Code Enforcement Officer Clugstone, Joel 5 34,514 Confidential Secretary to Supervisor 5 Ex 32,990 Assistant to Assessor Collyer, Mark 5 32,028 Code Compliance Officer Frank, Bruce 5 35,556 Deputy Fire Marshal Palmer, Michael 5 31,000 Confidential Highway Secretary Tallon, Diana 5 Ex 30,837 Billing Supervisor King, Laura 5 29,411 Aquatics Supervisor Carr, Elise 5 Ex 27,300 Computer Technology Asst. 5 Deputy Tax Receiver Fish, Judy 4 34,228 Real Property Tax Service Assistant Washburn, Mary 4 34,228 Account Clerk Gebo, Connie 4 33,307 Deputy Town Clerk II O’Brien, Karen 4 Ex 33,889 Deputy Receiver of Taxes VanGuilder, Irma 4 Ex 25,875 Records Clerk Hicks, Joann 3 30,258 Parts Shop Foreman Vrooman, Charles Ungraded 34,736 Management Positions Position Name Grade Salary Superintendent Water & Wastewater VanDusen, Ralph 10M 69,611 Comptroller Hess, Henry 10M 65,925 Executive Director Community Development Round, Christopher 10M 60,402 Assessor Otte, Helen 9M 71,602 Director of Information Technology Keenan, Robert 9M 57,430 Deputy Superintendent Water Ostrander, Bruce 8M 55,492 Director of Parks & Recreation Hansen, Harry 8M 54,953 Deputy Highway Superintendent Travis, Michael 8M 48,252 Deputy Superintendent of Wastewater Shaw, Michael 8M 53,323 Director of Solid Waste Operations Coughlin, James 7M 49,549 Director of Building and Grounds Rice, Perley 7M 45,487 Cemetery Superintendent Genier, Michael 7M 41,400 th Duly adopted this 15 day of December, 2003 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT :None ABSTAIN:Mr. Turner – Building & Code Enforcement Officer I and Deputy Town Clerk II DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 146 SUPERVISOR BROWER-Spoke to the board noting his position of Town Comptroller noting it is a vital resource to the Town of Queensbury. Noted he doesn’t support this resolution or accept it thinks it’s the wrong direction for the Town of Queensbury. COUNCILMAN BOOR-Spoke to the board noting that Mr. Hess has a tremendous educational background and has done a very good job in his position. The incoming Supervisor did win the election by a sizable majority would like to give him the flexibility that he is seeking noting he doesn’t think the position is as important as the person that holds it, would prefer to have the finances handled by someone with a financial background noting he doesn’t believe that it go concurrent with elected officials terms. Is not sure what the advantage is of a two- year term when the Town Board is the governing body of this Town. Do not see the value of the position as important as his value as an individual to this Town. SUPERVISOR STEC-Echoed some of Supervisor Brower and Councilman Boor’s sentiments. Two years he was of the opinion that he wanted to the board to have the flexibility still feels this way thinks that it adds value to the Town Board to the Town itself. Does not intend nor is this part of the desire to wield this over to somebody in an effort to insure that they are a yes person for every whim of the Town Board. Reassured the public and the board that it is his intention that the course they are taking with these two resolutions tonight will essentially have a financial professional covering essentially identically the duties and responsibilities of the Town Comptroller position. RESOLUTION ABOLISHING POSITION OF TOWN COMPTROLLER RESOLUTION NO.: 547, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 623,94, the Queensbury Town Board established the position of Town Comptroller, and WHEREAS, the powers and duties of the Town Comptroller are set forth in Town Law §34 as modified by such Resolution and other subsequent Resolutions of the Town Board relating to the Town Comptroller position, and § WHEREAS, in accordance with Town Law 20(3)(b), the Town Board is authorized to abolish the position of Town Comptroller upon the expiration of the term of office of the incumbent, and WHEREAS, the Town Board wishes to abolish the position of Town Comptroller, and st WHEREAS, the term of the incumbent Town Comptroller expires December 31, 2003, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 147 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby abolishes the position of Town Comptroller effective upon the expiration of the term of office of the current Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003 by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Boor NOES : Mr. Brower ABSENT : None RESOLUTION ESTABLISHING POSITION OF FULL-TIME BUDGET OFFICER AND APPOINTING TEMPORARY FULL TIME TOWN BUDGET OFFICER RESOLUTION NO.: 548, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by previous Resolution, the Queensbury Town Board abolished the position of Town Comptroller effective upon the expiration of the term of office of the current Town Comptroller, and WHEREAS, the Town Board is considering the possibility of establishing a new position of Manager of Accounting and Financing, but will need Warren County Civil Service approval of this position as an exempt position under State Civil Service Law, and WHEREAS, in the interim, the Town wishes to establish the position of full-time Budget Officer, an exempt position consistent with the Warren County Civil Service Rules, and make an appointment to the position of Town Budget Officer on a temporary basis, and WHEREAS, the primary duties of the Town Budget Officer shall be to assist the Town Supervisor in performance of his fiscal duties consistent with Town Law §29, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 148 NOW, THEREFORE, BE IT RESOLVED, that the Town Board establishes the position of Full Time Budget Officer and the salary for the position shall be set at the Town Board’s Organizational Meeting on st January 1, 2004, and BE IT FURTHER, RESOLVED, that effective January 1, 2004, the Town Board hereby appoints Jennifer Switzer to the position of Full Time Budget Officer on a temporary basis, and BE IT FURTHER, RESOLVED, that the Budget Officer shall have the following duties and responsibilities: A. Perform all duties of Town Budget Officer as set forth under Town Law Article 8. B. Review voucher packages for payment. This review would include: 1. verifying voucher to supporting invoices, PO's, department certification of receipt, etc. 2. determination of proper town purpose. 3. determination of proper account posting. 4. determination that sufficient appropriation exists. 5. report to Town Supervisor on voucher package. C. Assist Town Supervisor annual audit of all departments handling cash. D. Prepare Preliminary Annual Update Document to State Comptroller for review and finalization by Town Supervisor. E. Prepare monthly Supervisor and Budget to Actual Expenditure Reports. F. Review all general journal and correcting journal entries and review monthly general ledger. G. Prepare internal combined or combining financial statements at a frequency to meet the Town Board's needs (i.e., quarterly, semi-annual or annually). H. Project cash flow requirements to maximize investment income. I. Monitor Pledged Securities for Town's deposits. J. Be responsible for preparation of Tentative Budget with the Town Supervisor, attendance at all budget meetings, assembly of Preliminary and Adopted budgets after Town Board approval of budget line items. K. Review of all monthly bank reconciliations. L. Perform or review monthly reconciliation of all receivable accounts, in particular, water and sewer receivables. REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 149 M. Attend all Town Board meetings to assist the Town Board in decision making process by providing relevant information, suggestions, recommendations, etc. N. Perform such other tasks and/or special projects as directed by the Town Board. and BE IT FURTHER, RESOLVED, that the Town Budget Officer will report to the Town Board and perform such duties as may be delegated by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of December, 2003 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Turner NOES: Mr. Brower ABSENT:None DISCUSSION HELD SUPERVISOR BROWER-Echoed Councilman Stec’s admiration of Jennifer Switzer noting she is a valued employee in the Town. Also noted his great admiration and respect that he has for Comptroller Hess. If this resolution passes Mr. Hess would not be employed by the Town in this position noting that he feels this would be loss to the Town of Queensbury noting that he cannot support this resolution. Thanked Mr. Hess for his contribution would support his continued employment by the Town if this is not the case noted he wished him well. COUNCILMAN BOOR-Noted this resolution is for a temporary position noting that Mr. Hess could put an application in. Questioned if the list of duties does it exactly identify the Comptroller’s duties? TOWN COUNSEL HAFNER-It very closely approximates the Comptrollers position. Those duties are covered here. The Comptroller’s position being a two-year appointed position has certain powers that it takes away from a Town Supervisor and gives to the Comptroller, which are slightly different. The duties that we have for the Town Comptroller are all covered here. COUNCILMAN BOOR-Asked if he could have a list of what the Supervisor can do now that the Comptroller was doing. TOWN COUNSEL, HAFNER-To provides him with a list. TOWN BOARD DISCUSSIONS REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 150 COUNCILMAN BOOR-Spoke to the board regarding public health issues noting the board needs to see what the actual elevations are what the actual situation is before they make decisions on these things. Need to be doing some the perc tests ourselves rather than relying on their engineer. COUNCILMAN BREWER-Agrees only in a sense noting the point he disagrees on is there an ethical standard with that stamp. COUNCILMAN BOOR-Spoke to the board regarding the recent vacancies on the Planning Board noting the board needs to move on this to fill these positions. Asked that in the future could the board be provided with the sponsor of the resolution on the top of the resolution. COUNCILMAN TURNER-Spoke to the board regarding the sidewalks on the Boulevard noting they have two hundred feet left if the weather stays suitable they will be in. COUNCILMAN STEC-Thanked Supervisor Brower for his service to the Town noting he personally has enjoyed working with him. COUNCILMAN BREWER-Thanked the Highway Superintendent and his men for a job well done regarding the recent snowstorm. th SUPERVISOR BROWER-The CIP Committee met Tuesday, December 9 to discuss some new requests for managers to be rank. Has received a resignation th from Bill Laverly his Executive Assistant noting he will resign December 26, 2003 thanked him for a job well done. Thanked all Town Employees and Managers of the Town, and Town Board. Wished Supervisor Elect Stec the very best on his new position as Town Supervisor. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 549, 2003 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 Town Board Meeting. th Duly adopted this 15 day of December, 2003, by the following vote: Ayes: Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Stec, Mr. Turner Noes: None Absent:None No further action taken. On motion meeting adjourned. Respectfully Submitted, REGULAR TOWN BOARD MEETING 12-15-2003 MTG#59 151 Darleen M. Dougher Town Clerk Town of Queensbury