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2004-10-18 MTG49 REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 473 REGULAR TOWN BOARD MEETING MTG#49 TH OCTOBER 18, 2004 RES# 510-527 7:00 P.M. B.H. 28-30 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT, MARILYN RYBA WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY WATER SUPERINTENDENT, BRUCE OSTRANDER DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DIRECTOR OF BUILDING & CODES, DAVE HATIN PRESS POST STAR TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 510, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough that the Town Board of the Town of Queensbury hereby adjourns from RESOLVED, Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 18 day of October, 2004, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE & DEBBY SEABOYER NOTICE SHOWN OPENED TOM CENTER, AGENT FOR MR. & MRS. SEABOYER REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 474 SUPERVISOR STEC-Mr. Center, I know that you had already expressed that you would like to not take action on this tonight. I will open the public hearing so the public hearing is opened. At this point, if you would like to just briefly update the board with where we are. MR. CENTER-I just received comments this afternoon. I just got them before I came to the meeting so I would like some time to address those comments. There is nothing outstandably huge that I think it is going to affect. I would just like to be able to make those changes to the drawings that are there and discuss anything with Jim Edwards, present the whole project to you at the next meeting along with Mr. Seaboyer who is unable to attend this evening due to a prior commitment. He asked that this just be tabled we can come back and go over the whole project at once. SUPERVISOR STEC-Any questions from the Town Board? COUNCILMAN BREWER-Are you going to answer these questions in writing? MR. CENTER-Yes. I will answer them in writing and with any specific changes on the drawings. COUNCILMAN BREWER-I would just ask that you forward a copy of the comments to us so that we can review them before you come to us next meeting. MR. CENTER-Sure that’s not a problem at all. SUPERVISOR STEC-Dave Hatin, I know that you’ve done a little bit of preliminary work. While I’ve got you here why don’t we just get your input here briefly? DIRECTOR OF BUILDING & CODES, MR. HATIN-I talked to Mr. Center today. I also talked to Jim Edwards from C.T. Male. As Tom said none of the comments are earth shattering. There are some things I think that need to be clarified and Tom has said he will do that for you. I think once those items are addressed I think our engineer will be comfortable with the project and I think you should be too. SUPERVISOR STEC-Does the board have any question for either Mr. Center or Mr. Hatin? Again, the public hearing is opened and will be continued until the first and hopefully on the first we will complete the public hearing. Is there any member of the public right now that would like to speak regarding this application regarding the sewage disposal variance? NO PUBLIC COMMENT SUPERVISOR STEC-Again for the benefit of the public I will leave the public st hearing open. We will continue this two weeks from tonight on November 1. Hopefully by then we will have all the comments addressed and the Town Board will get their information as soon as possible so we can look at it. Anything from the public at all? Anything more of Mr. Center or Dave? I will leave the public st hearing opened and we will resume this public hearing on November 1. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 475 PUBLIC HEARING TO REMAIN OPENED PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM & MAUREEN BILLINGS NOTICE SHOWN MAUREEN BILLINGS MAUREEN BILLINGS, 3 WAGON TRAIL, LAKE SUNNYSIDE-We need a variance for our drywell. Nineteen years ago we had the approval of the Town we had Walt Stevenson put it in and everything was fine. Now the Town Code has changed and our land hasn’t. There isn’t any place to go except where we are because there is no more land to buy. I like to get this taken care of before the cold weather comes in. SUPERVISOR STEC-Sure. MRS. BILLINGS-It is going to be kind of fun, you know. My family has owned the property since 1954 and I bought it in 1983. We tried to keep to the Town Code and everything on this we are sort of stymie we can’t do anything except repair the old. Everybody has been to look at it, the septic people, the Town, the contractor; they all say probably the simplest thing to do is repair it. SUPERVISOR STEC-Thank you. I will declare this public hearing opened. Again for the purpose of the public information it is at 3 Wagon Trail, which is up near Lake Sunnyside. They are looking for a variance eighty-seven feet from their own well in lieu of a hundred and fifty feet a hundred and thirty from a neighbor well in lieu of a hundred and fifty. A hundred and twenty from another neighbors well instead of the one fifty and ninety-three from a third neighbors well in lieu of a hundred and fifty. Dave your comments you mentioned this briefly to me today…. PUBLIC HEARING OPENED DIRECTOR OF BUILDING & CODES, MR. HATIN-This is a replacement of an existing drywell in the same location that failed. We looked at all the options given the constraints of the property. No matter what we did it put the system closer to the well. We felt it was probably better to leave what we had there obtain a variance from the board and restone that existing drywell. SUPERVISOR STEC-That is a recommendation to the Town Board this is the best option. MR. HATIN-We could see no better option given the constraints of the property and the well location. SUPERVISOR STEC-Does the board have any questions for Mrs. Billings or Dave Hatin? COUNCILMAN STROUGH-Just a quick one for Dave. Dave just so the record is straight is this going to be a six by eight or an eight by eight? MR. HATIN-It will be a six by eight pit then with two feet of stone it technically becomes a six by ten pit. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 476 COUNCILMAN BREWER-It says eight by eight. COUNCILMAN STROUGH-It says eight by eight on one. It says six by eight on the other. MR. HATIN-It will meet the minimum requirements. SUPERVISOR STEC-The public hearing is opened. If there are any members of the public that would like to speak on behalf of this variance application just raise your hand. Karen do we have any correspondence. DEPUTY CLERK, O’BRIEN-I just have one from Diane Barber she called our office today she is in favor of the septic variance she tried to email us but it didn’t go through. SUPERVISOR STEC-Okay. Dave you told me you had some antidotal knowledge perhaps about any comments out there. MR. HATIN-I know all the neighbors signed off on it you have a copy of that in your packet so they all are aware of the situation. SUPERVISOR STEC-I saw that somewhere. MR. HATIN-Everyone that is affected is aware of the situation. SUPERVISOR STEC-Again the public hearing is opened if there are any comments from the public? Any further questions from the Town Board? COUNCILMAN BREWER-I just want to ask when did she say she had this done? SUPERVISOR STEC-Nineteen years ago. MR. HATIN-I believe it’s almost twenty years ago. COUNCILMAN BOOR-Eighty three. SUPERVISOR STEC-Any other questions from the Town Board? Anything else from the public? Hearing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM AND MAUREEN BILLINGS RESOLUTION NO.: BOH 28, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, William and Maureen Billings filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance to clean out and re- stone their existing seepage pit located: REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 477 1. 87’ from their own well in lieu of the required 150’ setback; 2. 130’ from a neighbor’s well in lieu of the required 150’ setback; 3. 120’ from a neighbor’s well in lieu of the required 150’ setback; and 4. 93’ from a neighbor’s well in lieu of the required 150’ setback; on property located at 3 Wagon Trail, Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the th variance requests on October 18, 2004, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that, the Town of Queensbury Local Board of Health hereby approves William and Maureen Billings application for variances from the Sewage Disposal Ordinance to clean out and re-stone their existing seepage pit located: 5. 87’ from their own well in lieu of the required 150’ setback; 6. 130’ from a neighbor’s well in lieu of the required 150’ setback; 7. 120’ from a neighbor’s well in lieu of the required 150’ setback; and 8. 93’ from a neighbor’s well in lieu of the required 150’ setback; on property located at 3 Wagon Trail, Queensbury (Tax Map No.: 290.5-1-14). th Duly adopted this 18 day of October, 2004 by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 478 NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RONALD AND JO ANN TAYLOR RESOLUTION NO.: BOH 29, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Ronald and JoAnn Taylor have applied to the Local Board of Health for a variance from Chapter 136 to install a new Elgin bed septic system 89’10” from Lake George instead of the required 100’ setback on property located at 14 Waters Edge Drive, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public st hearing on November 1, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Ronald and JoAnn Taylor’s sewage disposal variance application concerning property located at 14 Waters Edge Drive, Queensbury (Tax Map No.: 227.17-1-28) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Taylor’s property as required by law. th Duly adopted this 18 day of October, 2004, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: STEPHANIE BITTER, BARTLETT, PONTIFF, STEWART & RHODES REPRESENTING RON & JOANN TAYLOR – The Taylor’s own property on 14 Waters Edge Drive. They are proposing to discontinue the use of their current system and replace it with the state of the art Eljen in drain bed system. Taking this action will allow them to bring the system into compliance because the Taylor’s only have a point one three seven acre parcel they cannot place the system a hundred feet REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 479 from Lake George. Due to these restraints they’re proposing to place the system eighty-nine feet and ten from the water. As the result they are looking for ten feet with two inches of relief. Placing it in this location will allow them to be more than twenty feet from the residents, which is required. Also because of the water table on this lot the retaining wall will only have to be two feet in height, which will lesson the impact on the neighboring properties. Like, I said this new system will be bringing the system into compliance as a result will be a major improvement then what exist today as a result it should be deemed a minor variance. COUNCILMAN BOOR-What is the current system? MS. BITTER-It’s a concrete system but the design is unknown. COUNCILMAN BOOR-Is it a septic system or a holding tank? MS. BITTER-They believe it’s a holding tank. COUNCILMAN BOOR-It’s important to know, thank you. SUPERVISOR STEC-The public hearing will be from two weeks from tonight st November 1. The variance that is being sought is to place this Eljen system eighty- nine feet ten inches from Lake George as opposed to the hundred-foot setback required 14 Waters Edge Drive, Queensbury. COUNCILMAN BREWER-There is also a variance for the house setback? MS. BITTER-That’s correct. That should hopefully be heard in November either the seventieth or the twenty-fourth. COUNCILMAN BOOR-Actually this doesn’t bring anything into compliance. MS. BITTER-It won’t be complete compliance because of the relief that is being requested with this variance. COUNCILMAN BOOR-You had said that this system would bring everything into compliance you wouldn’t be here if it was bringing it into compliance. MS. BITTER-Right. I apologize, I mean to the design and the actual…. COUNCILMAN BOOR-Okay, thank you. COUNCILMAN BREWER-Should we do the house before we do the septic? Is there a correct order or not or doesn’t it matter? COUNCILMAN BOOR-The house is existing. COUNCILMAN BREWER-What’s the variance for the house? MS. BITTER-The house is actually going to be demolished and rebuilt. COUNCILMAN BREWER-Now you see what I’m saying. I presume that the septic variance if they get that they don’t get the variance for the house ones any good without the other really I presume, I don’t know. MS. BITTER-We’re looking for both. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 480 TOWN COUNSEL, HAFNER-They’ll need both. COUNCILMAN BREWER-So do we do the house first? SUPERVISOR STEC-The question is should the Board of Health act first or should the Zoning Board act first? TOWN COUNSEL, HAFNER-It’s up to the Board of Health whether you want to. You don’t need to if you want to wait until the Zoning Board that’s well within your ability it’s your preference. COUNCILMAN BOOR-I don’t want to play drop the ball, but I think your point is well taken. COUNCILMAN BREWER-My question would be if they don’t get the variance for the house is the septic system going to remain as is? COUNCILMAN BOOR-Is it a failing system? MR. HATIN-No. COUNCILMAN BOOR-Okay. MR. HATIN-Just so the board is clear typically the Zoning Board would like the septic variance in place before they grant any permission. SUPERVISOR STEC-That’s how, I remember they used to do it when I was there. It doesn’t matter from a legal standpoint, which we do first. COUNCILMAN STROUGH-Dave how many bedrooms currently? MR. HATIN-The new one I think is actually a four or five bedroom they are extremely small. MS. BITTER-Actually two. It is actually going to be two because the original plan was going to be three. When the fair area ratio was calculated it was deemed that two bedrooms was all that could be done with the lot size. COUNCILMAN BOOR-What’s the square footage of the house the one being proposed? MS. BITTER-It’s actually twelve hundred on the first floor and I believe its three fifty on the second. COUNCILMAN STROUGH-The proposed house is only going to be two bedrooms? MS. BITTER-Yes. COUNCILMAN STROUGH-How come the septic system is for three bedroom? MS. BITTER-It was originally planned to be a three bedroom. COUNCILMAN STROUGH-The septic system is bigger than it needs to be. MS. BITTER-Right. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 481 COUNCILMAN BREWER-Do we have a map with the septic system as it exists? MS. BITTER-I think the actual location of the existing septic system is in the same place as where it’s being proposed. COUNCILMAN BOOR-One is a holding tank and one is an Eljen system completely different spaciously so it would be very important to know where the holding tank is vis a Vis where the Eljen system is going in. MR. HATIN-I’m not so sure it’s a holding tank either Roger I believe it’s an old cesspool. COUNCILMAN BOOR-I’m just going by what the applicant tells me. MR. HATIN-I know that’s something she can clarify my recollection it’s a cesspool. COUNCILMAN BOOR-That’s I think what the question is where and what do you have now. MS. BITTER-I can bring that information to the next meeting. COUNCILMAN BOOR-We would need that information. MS. BITTER-That would definitely be something I can supplement. TOWN COUNSEL, HAFNER-If there is concerns on the boards part about the ZBA wanting approval you can have this contingent upon…. COUNCILMAN BREWER-I just didn’t know whether there was a certain order it had to go. COUNCILMAN STROUGH-I like seeing the system oversized because these year a round places you do two bedrooms and you calculate the infiltration bed or the Eljen system for two bedrooms but that doesn’t account for what these places go through in July and August, which is a lot more punishment then a normal house in a normal year so having it a little bit oversized seems to be a good idea. That’s one of the things that bothers me about the Seaboyer one it is sized minimally to meet the standards, I guess that’s for another day. MR. HATIN-One question, I have for the board do you want this referred to the Town Engineer? COUNCILMAN BOOR-Not yet would be my answer. SUPERVISOR STEC-I don’t think so not yet. COUNCILMAN BOOR-Obviously a lot of information has to come I like to see the information so that we could ask the Town Engineer what we’re interested in. COUNCILMAN BREWER-So what are you saying Roger if we had this information next week it would help us in determining whether we would want to send it to the engineer before we come back here next month and then prolong it another month would that be a smart thing to do? COUNCILMAN BOOR-There not going to build a house Tim. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 482 COUNCILMAN BREWER-Understood, but they need their approvals before they can do anything. COUNCILMAN BOOR-One of the issues I’ve had in the past is that the questions that go to the engineer we don’t even know what they are. I would like to see what the situation is so that if we have another question he doesn’t have to see it twice essentially. If we have concerns our concerns get addressed at the same as everybody else’s actually I think it would save time that way. COUNCILMAN STROUGH-The tree removal it looks like they are removing more trees than they have to with the septic system. MS. BITTER-I can find out the amount of trees that they are removing. COUNCILMAN STROUGH-Is this going to go before the Planning Board, too because its in a CEA? MS. BITTER-Yes. COUNCILMAN BOOR-I don’t know why we’re getting this first I’ve got a real problem with that’s just my opinion. SUPERVISOR STEC-We haven’t come across this one this situation in a while. TOWN COUNSEL, HAFNER-Not in a while I don’t remember. COUNCILMAN BOOR-We’re essentially giving a stamp of approval if we allow them to go forward with the septic. SUPERVISOR STEC-I remember from my day on the Zoning Board the Zoning Board would say the same thing we’re going to grant a variance, but what if the Town Board doesn’t grant… COUNCILMAN BOOR-I’m assuming that the system works as is. I was told it’s not a failing system. COUNCILMAN BREWER-If they are building a new house it’s probably not adequate for the new house. COUNCILMAN BOOR-We don’t know because we don’t know what they have. MR. HATIN-I can clarify that question. In order to meet the Zoning Ordinance requirements they have to put a new system in. COUNCILMAN BOOR-What’s the size of the house that’s there now? MR. HATIN-It’s around a thousand, twelve hundred square feet I think. SUPERVISOR STEC-How many bedrooms one, two, three? MR. HATIN-I want to say four is what I remember because they are extremely small. The residence that is there now is smaller than what they are proposing. COUNCILMAN BOOR-So it’s handling three or four bedrooms now and not failing? REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 483 MR. HATIN-That seasonal use now, too. COUNCILMAN BOOR-Simple question though. Is it failing or no? MR. HATIN-To my knowledge no. SUPERVISOR STEC-Anything else? Let’s go ahead and vote. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 30, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 18 day of October, 2004, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough Noes: None Absent:None PUBLIC HEARINGS PUBLIC HEARING – CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 OPENED NOTICE SHOWN SUPERVISOR STEC-Mike why don’t you give us and the public the brief as to what exactly we are doing this evening any highlights you want to point out before we open up the public hearing. DEPUTY WASTEWATER DIRECTOR, MIKE SHAW-Each year we have benefit tax roll hearings and each year we update all the information on those benefit tax rolls. The benefit tax roll is the way the Town assess taxes to people in special sewer districts, in this case three of the sewer districts. The rolls are based on units. The units are calculated each parcel by the class of land its acreage and sometimes water usage. Those units dollar value is referred to the budget. In each budget there are two line items for a principal and interest payment on the bonds for those budgets. The total units divided into the total dollars requested and you come up with a value per unit. The first district we have tonight the first public hearing in the district is Central Queensbury Quaker Road Sewer District. That district generally serves the business area of Queensbury, Quaker Road, Aviation Road, Glen Street, and some side roads. The district has been there since the late eighties early nineties. This year the total units for that district are eight thousand two hundred and nine point sixty three. We did add district extension number REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 484 seven a piece on Bay Road this year, which includes Schermerhorn properties and Baybridge. We project at this time the unit value would be eighty-four sixty-nine approximately five percent less than last year. SUPERVISOR STEC-I will open the public hearing. If there are any members of the public that would like to ask questions or express concerns or comments regarding Central Queensbury Quaker Road Sewer District Tax Roll for 2005 just raise your hand. Are there any questions or comments for Mr. Shaw from Town Board members? COUNCILMAN BOOR-I would recommend that he go through all of them and then bring anybody up that wants to address any of these. SUPERVISOR STEC-Why don’t you read the other two in Karen. TOWN COUNSEL, HAFNER-We were asked that question you have to do them individually. SUPERVISOR STEC-Can I have the public hearings opened simultaneously? COUNCILMAN BOOR-I know we can leave them all open if somebody wants to address. SUPERVISOR STEC-Or we confusing this, I see what Roger is saying open all three. COUNCILMAN BOOR-If somebody wants to comment on it we will act on them separately, but if somebody wants to speak. SUPERVISOR STEC-Can we do that? TOWN COUNSEL, HAFNER-We have been asked whether you combine them you should do them…. SUPERVISOR STEC-We’re not combining we are just overlapping the public hearings. TOWN COUNSEL, HAFNER-If that’s what you want that’s fine. SUPERVISOR STEC-Karen why don’t we go ahead and read the other two in the public hearings, please. TOWN COUNSEL, HAFNER-So you are going to close all three at once when you are done at some point you have to. SUPERVISOR STEC-No. I think I know what I’m going to do, Karen go ahead. PUBLIC HEARING – ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 OPENED NOTICE SHOWN PUBLIC HEARING – SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 485 OPENED NOTICE SHOWN SUPERVISOR STEC-I will declare all three of these public hearings opened. These are three public hearings Central Queensbury Quaker Road, Route 9 Sewer District and South Queensbury Queensbury Avenue Sewer District Tax Rolls for 2005. Mike do you want to run through the other two just briefly just give us a summary of those. MR. SHAW-Sure. COUNCILMAN BOOR-Five percent on the first one, right lower? SUPERVISOR STEC-Five percent lower on the big one. MR. SHAW-Route 9, I believe is the next one. Route 9 is something that is under construction right now. We will hopefully be substantially completed they are on final Phase 3B, fourth phase before the first of December. This year units in that district are six thousand three hundred eighty point two four. We have a projected rate of fifteen dollars and sixty-seven cents per unit. This is a parcel assessment once the project is fully completed we will have full bonding and that rate will increase next year. SUPERVISOR STEC-Then the third one. MR. SHAW-The third one is South Queensbury, Queensbury Avenue Sewer District. This district generally serves the Airport area. We also serve communities in Washington County, Warren County, and Kingsbury with this district. This year is the first year of full assessment the sewer district was completed about a year and a half ago. The total unit for Queensbury’s portion for this year is one thousand two point forty seven. The projected rate is thirty-two dollars seventy one cents per unit up approximately seventy percent from last year. SUPERVISOR STEC-Seven zero percent. That’s, again because last year was a partial year as well. MR. SHAW-That’s correct. SUPERVISOR STEC-It’s a moving target next year we don’t anticipate it changing. MR. SHAW-In fact, if we refer back to the Map, Plan and Report of South Queensbury the original Map, Plan and Report back in two thousand, I think we had a rate of thirty five sixty six. COUNCILMAN BOOR-So it has dropped. MR. SHAW-We’ve completed this project under the advertised rate. SUPERVISOR STEC-The bottom line is it is up from last year but it’s below the Map, Plan and Report rate. MR. SHAW-Correct. SUPERVISOR STEC-All three of these public hearings are opened. If anyone from the public would like to comment on any or all of these public hearing or ask REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 486 questions the public hearings are opened. Just raise your hand and I’ll call on anyone that’s interested. NO PUBLIC COMMENT SUPERVISOR STEC-Any questions on any of these three from Town Board members? COUNCILMAN STROUGH-Mike when you mentioned that for example Route 9 sewer is fifteen dollars and sixty some odd cents per unit what is a unit? MR. SHAW-Once again a unit is an assessment. The way we assess these parcels is per unit. There is a unit menu; okay a class of the property, acreage, and in some cases water usage so as you can imagine the menu breaks down those parcel description. You do those calculations for your parcel and you come up with X number of units then you multiply that times the rate. This year in that particular district it would be fifteen dollars and sixty-seven cents. SUPERVISOR STEC-Any other questions from Town Board members? Any questions or comments from the public on any of these three tax district benefit rolls for 2005? I will close the first public hearing. PUBLIC HEARING CLOSED FOR CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 RESOLUTION NO. 511, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the § Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2005 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on October 18, 2004 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2005 for payment of public REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 487 improvement expenses within the District in accordance with New York State Town Law §202 and § 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 18 day of October, 2004 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT:None SUPERVISOR STEC-On the Route 9 Sewer District Benefit Roll 2005 any further public comment? I will declare the public hearing closed. PUBLIC HEARING CLOSED FOR ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 RESOLUTION ADOPTING ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 RESOLUTION NO. 512, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the § Queensbury Town Board has prepared the Route 9 Sewer District Benefit Tax Roll for 2005 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on October 18, 2004 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sewer District Benefit Tax Roll for 2005 for payment of public improvement expenses § within the District in accordance with New York State Town Law §202 and 202-a, and REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 488 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 18 day of October, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None SUPERVISOR STEC-The third public hearing South Queensbury Queensbury Avenue Sewer District Benefit Tax Roll for 2005 any further public comment at all on this public hearing? I will close the public hearing. PUBLIC HEARING CLOSED FOR SOUTH QUEENSBURY QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2005 RESOLUTION NO. 513, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the § Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2005 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on October 18, 2004 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2005 for payment of public improvement expenses within the District in accordance with New York State Town Law § §202 and 202-a, and REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 489 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 18 day of October, 2004 by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None PUBLIC HEARING – ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – BLACKBERRY CIRCLE SUBDIVISION EXTENSION OPENED NOTICE SHOWN TOM CENTER, NACE ENGINEERING & MICHAEL WILD MR. CENTER-Blackberry Circle Subdivision Extension is located in the central portion of the Town southeast of Glen Lake west of Bay Road. It consists of six new lots and one existing lot. All the infrastructure has been installed and will be turned over to the Town. There is no cost to the Town all costs of the infrastructure have been borne on the developer therefore there will be no tax increase to the Town for the extension of the water district. SUPERVISOR STEC-I will declare this public hearing opened. Just for everyone’s benefit there are two associated resolutions with us tonight. There is one for the SEQRA and there is one actually authorizing the district itself. The public hearing is open if there are any members of the public that would like to comment or question regarding this public hearing just raise your hand and we will hear your concerns or questions. NO PUBLIC COMMENT SUPERVISOR STEC- Seeing none for the time being; questions or comments from the Town Board or Staff? COUNCILMAN STROUGH-The SEQRA is going to be a long form? SUPERVISOR STEC-Yes. COUNCILMAN BOOR-It’s a very long form. SUPERVISOR STEC-Right, Marilyn we are going to be doing the long form SEQRA this evening on this? Any other questions from Town Board members? Any other comments or questions about the Blackberry Circle Subdivision Water District Extension, hearing none we will close the public hearing. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 490 FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND NO 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, .) NO geological formations, etc Specific land forms: IMPACT ON WATER ? NO 3. Will proposed action affect any water body designated as protected Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 491 Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 492 NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: NO 9. Will proposed action substantially affect non-threatened or non-endangered species? Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES NO 10. Will the proposed action affect agricultural land resources? Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources, which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 493 12. Will proposed action impact any site or structure of historic, pre-historic or paleontological NO importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or ? NO recreational opportunities Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION NO 15. Will there be an effect to existing transportation systems? Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 494 Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH NO 18. Will proposed action affect public health and safety? Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO 19. Will proposed action affect the character of the existing community? Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 495 RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – BLACKBERRY CIRCLE SUBDIVISION EXTENSION RESOLUTION NO.: 514, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Blackberry Circle Subdivision Extension, and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 496 ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT – BLACKBERRY CIRCLE SUBDIVISION EXTENSION RESOLUTION NO. 515, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to include the proposed Blackberry Circle Subdivision and one existing residence adjacent to the proposed Subdivision in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (the “Map, Plan and Report”) has been prepared by Nace Engineering, P.C., professional engineers, concerning the proposed water district extension to connect the proposed Subdivision to the existing Queensbury Consolidated Water District water main recently installed along Blind Rock Road, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and th WHEREAS, on September 13, 2004, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller’s Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons th concerning the proposed Water District Extension on October 18, 2004 and the Town Board has considered the evidence given together with other information, and REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 497 WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Town Board has considered the establishment of the proposed District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Blackberry Circle Subdivision Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Blackberry Circle Subdivision Extension of the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided and subject to the following: 1. a permissive referendum in the manner provided in New York State Town Law Article 7; and 2. the adoption of a Final Order by the Queensbury Town Board; REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 498 and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None PRESENTATION – WARREN COUNTY SUPERVISOR REPORT – MICHAEL BARODY SUPERVISOR BARODY-Welcomed all the Queensbury School Government students and Queensbury School Board President to the Town Board Meeting. Spoke to the board regarding the flu vaccine. The County ordered thirty five hundred doses noting they have a good vendor the problem is our vendor has to try to meet the needs of the general public noting this whole thing is being controlled by the CDC and the New York State Department of Health. They have received sixteen hundred and eighty doses, which are currently under lock and key at the County while they are receiving further information and input from the State on how to handle this year’s flu season. At this point all of the flu clinics are now on hold further information will be coming out noting you should look to the media for release from the County for that information. Waiting for a prioritizing order from CDC and New York State Department of Health recommended using good hygiene to avoid getting the flu and staying home when you are sick. Spoke to the board regarding the County’s Communicable Disease Coordinator, Patricia Belden who was nominated and selected by New York State Department of Health to attend an intensive case management course at the University of Florida at Gainesville; also noted the County was approved for a brand new WIC Van. Spoke to the board regarding a seminar to be offered this Thursday from two to three or three to four all municipal employees are invited to go. They are going to have a nationally known speaker who is a leading authority on wellness, change process, stress management, productivity, team building, and personal growth noting you have to RSVP at 761- 6416. Spoke to the board regarding tourism bed tax. They have selected Paul (Cassa) Associates from Vermont who has been chosen for a two-year contract in promoting Warren County. The primary goal still remains to increase tourism throughout the year in the shoulder seasons in Warren County and to lower the amount of property taxes that has to be used for tourism promotion. Spoke to the board regarding the County budgets noting the Department Heads have all worked very hard to help hold the line noting he thinks they will be in good shape as far as the budget goes the final numbers aren’t out yet. They have secured funding for the Corinth Road and West Mountain Road bike path project noting they need to take a look at the speed limit on these roads. A lot of interest to connect in with Lake Luzerne thinks they will have something good for West Queensbury. Spoke to the board regarding the technology area noting it is an area they are trying to catch up with technology wise. They are going through and changing the software system to REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 499 make employees more efficient and more responsive to improve services to our constituents. Spoke to the board regarding the Federal Programs Committee. This program is the type of thing we need to look for in community development and in economic development in our community. It partners employers and ACC in helping to train people for jobs in the area. It will be a contract with Adirondack Community College for development of a training curriculum for workers seeking employment in the local medical device industry. It’s a pilot program it is the first of its kind in the State we may be able to get federal dollars to follow on with this. Right now this program is a Warren Washington and Saratoga venture if you are interested in looking into it at all William Reese is the Director of our Federal Programs Committee he would have further information. Looking for this program to begin somewhere around mid-January to start training some of our local workforce. CORRESPONDENCE SUPERVISOR STEC-Noted his Executive Assistant, Sharon Borgos has accepted a position as the Executive Director of a Non-Profit here in Warren County at the end of October she will be leaving to pursue this career goal. We at the Town will miss Sharon, but we welcome Lori O’Shaughnessy. DEPUTY CLERK O’BRIEN-Read the following Memorandum into the record. Dated October 18, 2004 I, Daniel G. Stec, do hereby make the following appointment effective November 1, 2004 Executive Assistant to Supervisor Lori O’Shaughnessy. Community Development & Building & Codes Supervisor’s Monthly Report on file Town Clerk’s Office. Landfill Monthly Report from January 2, 2004 thru September 30, 2004 on file Town Clerk’s Office. INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR NONE OPEN FORUM SUPERVISOR STEC-Recognized past and present elected officials in attendance. President Queensbury School Board, John Dwyer. Former Council Members, Dick Merrill, Pliney Tucker, and Betty Monahan. Thanked all of them for their past service and for their continued participation. PLINEY TUCKER 41 DIVISION ROAD, QUEENSBURY-Questioned the board regarding the Town extending the Highway Department on Big Boom Road. SUPERVISOR STEC-It’s the same suggestion that has been around for several years it is just a suggestion. MR. TUCKER-Asked if this were to happen how would it be done? TOWN COUNSEL, HAFNER-The Highway Garage is one of the two types of things that you can send to permissive referendum. SUPERVISOR STEC-Any project like this would certainly be thoroughly discussed with the public there would be plenty of opportunity for public input. To answer REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 500 your question as of today the Town does not have any pending plans to start or construct a project in the near future. MR. TUCKER-Asked all five board members to call Matt Steves regarding the five and a half acres on Corinth Road. COUNCILMAN BREWER-In defense of Matt noting he would like to get this done, too. The issue was that Niagra Mohawk told us they had the map somehow it disappeared in their files now it’s the onus of the Town to get the map back to them. TOWN COUNSEL, HAFNER-We offered because we know Matt. COUNCILMAN BREWER-It wasn’t the Town’s fault. MR. TUCKER-I know that. I’m going to live until I’m ninety, but would like to get this thing taken care of before that will you call them? SUPERVISOR STEC-Absolutely. COUNCILMAN BREWER-Absolutely. KATHY SONNABEND, 55 CEDAR COURT, QUEENSBURY-Spoke to the board regarding the moratorium noting she would like to see a vote so they could have it on the record which one of our elected officials wanted to have the moratorium and which ones didn’t it is a big issue with the public. Hopes that there will be good th attendance at the PORC Meetings the next one is on Wednesday, October 27, 2004. Spoke to the board regarding the budget that was posted in the Post Star understands that two of the Councilman did not see that before it was published in the paper and the first meeting was that coming evening. th SUPERVISOR STEC-That’s not true. It was submitted on September 27, that same evening at a Town Board Meeting all Town Board members got a copy of it eight days before that article hit the paper. Doesn’t know if the paper got a full copy of the budget or a handout that was available they got nothing in advance of the public it was a filed public document of the twenty-seventh. MS. SONNABEND-All the Councilman had access to it before it was published in the paper? th SUPERVISOR STEC-They had copies of my tentative budget on September 27. MS. SONNABEND-Had it been discussed by the board members? Supervisors STEC-The budget process to that point is the Supervisors Budget until I filed it on the twenty-seventh. This is how it is set up under State Law, this is how its been done since before I got here. At that point it becomes a public document and the Town Board has input into it. The Town Board has spent a few evenings over the last three weeks to get to what’s called the Preliminary Budget, which is what we are set to adopt tonight. That too, will be a public document and we will be setting a th public hearing on the budget for Thursday, November 4. Following that public th hearing on November 15 that’s when we would consider adopting the budget this is the process that the State sets. MS. SONNABEND-Asked what you are saying that the board members were able to discuss this before it showed up in the paper? REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 501 COUNCILMAN BREWER-Absolutely. TOWN BUDGET, OFFICER JENNIFER SWITZER-Along with the Tentative Budget that was filed was a memo to Town Board members urging them if they had any questions regarding anything that they saw in the budget that they should contact the Department Managers individually and discuss with them any particular questions or concerns that they had. Up to that point when it was in the newspaper there weren’t any meetings with the Town Board members, but they did have the budget and opportunity at any time to discuss any of this with either Dan, myself, or any of the Department Managers of the Town. MS. SONNABEND-They received it and had the chance to talk to someone, but they hadn’t met as a group yet to discuss it? TOWN BUDGET OFFICER, SWITZER-Correct. SUPERVISOR STEC-Correct. Again, to make it perfectly clear it was filed with the Town Clerk as required on the twenty-seventh and issued to the Town Board on the th twenty-seventh with that attached memo. I believe that Tuesday, October 5, eight days later is when that article appeared in the paper and I was talking about my Tentative Budget it is not an official budget until it’s adopted. MS. SONNABEND-Curious about that because later that same week the Post Star had an article about the budget in Saratoga where they had discussed it as a board before the budget was released to the public. Asked why we don’t do this? TOWN BUDGET OFFICER, SWITZER-That is the City of Saratoga verses Town there are two different sets of laws to approaching the budget. MS. SONNABEND-That is clarified it would be more helpful for the whole board to discuss these drafts before they get published to the public. There can be more political maneuvering then if it’s presented one way. If board members have concerns about the budget why isn’t this discussed come to some consensus before it’s released to the public? SUPERVISOR STEC-Unless there is a drastic surprise this evening thinks the Town Board is ready to adopt a Preliminary Budget that is very similar to the Tentative Budget that you are talking about. Thinks that we followed a very through and very successful process to get to this point thinks all the Department Heads have indicated this as well. Is not aware of any Town Board members that feel that we’ve preceded in a manner that’s not consistent with the way that we’ve always done budgets, which is in accordance with the law. MS. SONNABEND-Obviously we have to meet the minimum standards of the law. Thinks maybe there are occasions that we should go beyond that for the sake of truly working together rather than maybe politically positioning in the newspaper. COUNCILMAN BREWER-There is plenty of time for us to discuss, debate, and change the budget. MS. SONNABEND-The public deserves the right to hear and have their input, too. COUNCILMAN BREWER-Absolutely. MS. SONNABEND-Would like to see a more cooperative effort. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 502 COUNCILMAN BREWER-I think we’re cooperating. SUPERVISOR STEC-Thinks tonight you are going to see us approve a budget that is almost very similar to the budget that the Department Heads and I assembled. MS. SONNABEND-Maybe in this case, but it may not always be that way. SUE DEGROFF, CO-PRESIDENT OF THE JOHN BURKE ASSOCIATION- Spoke to the board regarding the truck that ran into the trees at the edge of Burke Drive is pleased to note it has been taken care. Thanked the Town for their help and assistance. SUPERVISOR STEC-Sharon was calling the State Police also involving our Insurance Company to get the trees that the Town has planted a few years ago replaced. Thanked Ms. DeGroff for all of her efforts on behalf of John Burke Apartments. OPEN FORUM CLOSED TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Spoke to the board regarding the Salvation Army we are going to have signs posted. SUPERVISOR STEC-The County was. COUNCILMAN BOOR-The Sheriff was aware of it couldn’t guarantee anything. SUPERVISOR STEC-Spoke with the Sheriff and the Superintendent of DPW. COUNCILMAN BOOR-There are signs. SUPERVISOR STEC-They are going to make them bigger. COUNCILMAN BOOR-It should be more specific than just No Dumping. I don’t know who we can word it a lawyer might have to do it so that you can’t leave anything. Spoke to the board regarding the EMS and Fire noting this is a portion of the budget that still has to be done. Asked if anything is scheduled? SUPERVISOR STEC-Not a firm schedule yet. Trying to setup schedule starting in early November. We have until we adopt a budget on the fifteenth we can make a change up to the end. Is hopeful by the fifteenth we will have a good idea where we are for dollars with all these companies. COUNCILMAN TURNER-Spoke to the board regarding Butternut Hill Subdivision they have requested to hook into our water system, which has just gone up Ridge Road and by the entrance to the subdivision. Referred them to Ralph Van Dusen and Ralph has taken it from there. COUNCILMAN BREWER-Thanked the Recreation Department for planting the Maple Trees at Feeder Dam Park. Also noted the Town has entered a contract with Ricky Sears at the Ridge Road Transfer Station. The public can bring trees, branches; there it will cost ten dollars a yard. Sears will come in and grind up whatever we receive he will take five dollars per yard and the Town will receive five dollars a yard. REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 503 COUNCILMAN STROUGH-Received letter from Robert Eddy regarding Queensbury not being on the maps you will see the hamlets and such, but won’t see the Town of Queensbury, he says good luck in accomplishing your task. Thinks we’re making headway the Topics.net site Queensbury is listed as the Town of West Glens Falls. Noted he put together a copy of suggestions of facts and data regarding the professional office zoning for people who are interested in this people may email him at Strough@capital.net. Spoke to the board regarding an Article by Anna Quinlan. Read a paragraph from the Article entitled Put Them in A Tree Museum. Spoke to the board regarding EMS and the Fire Department noting they are looking for volunteers please consider volunteering yourself. SUPERVISOR STEC-Spoke to the board regarding Hovey Pond the improvement with the gazebo and boardwalk trail. Queensbury Central Fire Station granted permission and easements for County equipment to move over their land in order to access the wetland to excavate some of the invasive species that were removed, appreciates Queensbury Centrals help. Thanked Glens Falls National Bank and TV 8 for sponsoring the Town Board Meetings. Spoke to the board regarding the Town’s website. It is an excellent website with a lot of good information including meeting agendas, meeting minutes for all the various Town Meetings. The Town Staff is currently planning the annual children’s Christmas Party to be held on Friday, th December 17, 2004 from six to eight. Encouraged the public to please vote on November 2, the polls will be open from six to nine. If you have any questions as to where to vote you can call the Warren County Board of Elections. RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY’S 2005 PRELIMINARY BUDGET RESOLUTION NO.: 516, 2004 INTRODUCED BY:Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2005, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2005, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 504 RESOLVED, that copies of the Preliminary Budget shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, th RESOLVED, that the Town Board will conduct a public hearing on November 4, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town’s Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2005 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2005 has been filed in the Queensbury Town Clerk’s Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public th hearing on November 4, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2005 are as follows: TOWN SUPERVISOR $59,094. TOWN COUNCILPERSON (4) $15,268. TOWN CLERK $56,662. TOWN HIGHWAY SUPERINTENDENT $62,205. TOWN JUSTICES (2) $36,643. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 505 ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2005 CHEVROLET SILVERADO 1500 WORK TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 517, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Deputy Highway Superintendent has advised the Town Board that he wishes to purchase a 2005 Chevrolet Silverado 1500 work truck to replace a 1998 Jeep Cherokee in the Town Highway Department, and WHEREAS, the Town’s Fleet Committee has approved of such purchase and funds for such purchase are included in the Town’s 2004 Budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC6094, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Deputy Highway Superintendent’s purchase of a 2005 Chevrolet Silverado 1500 work truck from Hozelton Chevrolet in accordance with New York State Contract #PC6094 for an amount not to exceed $23,000, to be paid for from funds budgeted in the current year from Account No.: 001-5010-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Budget Officer 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 18 day of October, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH FARR LANE IN PHASE III OF REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 506 INDIAN RIDGE SUBDIVISION RESOLUTION NO.: 518, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 298.2003 the Queensbury Town Board accepted and approved the deed for dedication of the remaining portion of Farr Lane in Phase III of the Indian Ridge Subdivision, and WHEREAS, at that time, Tra-Tom Development, Inc. (Developer) agreed to furnish the Town with a cash escrow in the amount of Twenty Thousand Dollars ($20,000) to ensure completion of the top coat of the road, and WHEREAS, Developer provided the Town with the required $20,000 and entered into an rd Escrow Agreement with the Town dated June 23, 2003, and WHEREAS, as required by the Escrow Agreement the Town deposited the $20,000 in an interest bearing account, and th WHEREAS, by Memorandum dated October 12, 2004, the Town’s Highway Superintendent advised the Town Board that the Developer has completed to the Highway Superintendent’s satisfaction the top coat of the road, and WHEREAS, the Town Board wishes to authorize the refund of funds currently held in escrow to the Developer as set forth in the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Tra-Tom Development, Inc., in connection with the dedication of the remaining portion of Farr Lane in Phase III of the Indian Ridge Subdivision, which sum shall be the amount of $20,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 507 ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Asked what else has not been completed in the PUD that we should be aware of? TOWN COUNSEL, HAFNER-I don't know the answer to this thought that the PUD had gone through its process with the one-way road will check with the Highway Superintendent. If you would like to meet and go through the PUD to figure out what’s outstanding, I would be glad to do that with you. COUNCILMAN BOOR-I would like to do that. RESOLUTION AUTHORIZING PURCHASE OF DEFIBRILLATORS RESOLUTION NO.: 519, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Budget Officer has advised the Town Board that she wishes to purchase four (4) AED Defibrillators and additional supplies from V.E. Ralph & Son, Inc. to improve the quality and safety of Town employees and constituents, and WHEREAS, New York State Bidding is not required as the purchase price for such equipment is made in accordance with New York State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Budget Officer’s purchase of four (4) AED Defibrillators and additional supplies from V.E. Ralph & Son, Inc. in accordance with New York State Contract PC-59701 for an amount not to exceed $6,354 to be paid for from Account No.: 001-3989-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the transfer of funds from Contingency Account No.: 001-1990-4400 to Account No.: 001-3989-4400 to provide for such purchase and authorizes and directs the Town Budget Officer to take all action necessary to transfer such funds and amend the 2004 Town Budget accordingly, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 508 RESOLVED, that the Town Board further authorizes and directs the Budget Officer 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 18 day of October, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 425.2004 REGARDING APPOINTMENT DATE OF MARILYN RYBA AS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO.: 520, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 425,2004 the Queensbury Town Board appointed Marilyn Ryba to the position of Executive Director of Community Development Department effective th 24, August 2004, and WHEREAS, Ms. Ryba actually began performing the duties of Executive Director of rd 23, Community Development on August 2004 and the Town Board wishes to therefore amend Resolution No. 425,2004 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 425,2004 such that the effective date of Marilyn Ryba’s appointment as Executive Director of Community rd Development shall be August 23, 2004, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 425,2004 in all other respects. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING ADRIENNE WEAVER AS ASSISTANT TO ASSESSOR REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 509 RESOLUTION NO. 521, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, there is presently a vacancy in the Assistant to the Town Assessor position in the Assessor’s Office, and WHEREAS, the Town Assessor posted availability and reviewed the current Warren County Civil Service List for the Assistant to the Assessor position, reviewed resumes and interviewed interested candidates, and WHEREAS, the Town Assessor has recommended that the Town Board authorize the hiring of Adrienne Weaver as Assistant to the Assessor, as Ms. Weaver is an eligible candidate on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Adrienne th Weaver as Assistant to the Assessor effective November 29, 2004 subject to Ms. Weaver’s successful completion of an eight (8) month probation period, a pre-employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Ms. Weaver shall be paid the annual salary of $32,028, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of October, 2004 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Betty Dybas will be retiring after many years of service thanked Betty for her long and effective service to the Town. RESOLUTION APPOINTING LORI O’SHAUGHNESSY AS TOWN PURCHASING AGENT REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 510 RESOLUTION NO. 522, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the 2004 Town Budget has a regular stipend of $4,224 for the position of Purchasing Agent, and WHEREAS, the Town’s Purchasing Agent for 2004 recently submitted her resignation st effective November 1, 2004 and the Town Board wishes to fill the position of Purchasing Agent for the remainder of 2004, and WHEREAS, the Town Board wishes to appoint Lori O’Shaughnessy to the part-time position of Purchasing Agent for the year 2004 in addition to her full-time position as Executive Assistant to the Town Supervisor, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Lori O’Shaughnessy as st Town of Queensbury Purchasing Agent effective November 1, 2004 and authorizes and directs that Ms. O’Shaughnessy be paid a pro-rated share of the $4,224 stipend for such position for 2004 in addition to her annual salary for the Executive Assistant to the Town Supervisor position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO CONVERT ALL LAND CONSERVATION ZONES – TEN ACRES (LC-10) TO LAND CONSERVATION ZONES – FORTY-TWO ACRES (LC-42) RESOLUTION NO. 523, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 511 SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2004 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to convert all Land Conservation – Ten Acre Zones (LC-10) to Land Conservation – Forty-Two Acre Zones (LC-42), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, prior to adoption, the Town Board needs to refer the proposed amendment of its APA Approved Land Use Plan to the APA for its review and approval, and WHEREAS, as noted in the Community Development’s report to the Town Board, currently Table 4 incorrectly shows LC-10A as LC-1A but the body of the Zoning Ordinance clearly indicates that the Land Conservation Zones are currently LC-10A and LC-42A, and the Town Board wants to correct this typographical error, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on December 20, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law and send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board, Town of Queensbury Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers the proposed amendment of the APA Approved Land Use Plan to the Adirondack Park Agency for APA review and approval and directs the Community Development Department to take all actions necessary to effect such referral, and REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 512 BE IT FURTHER, RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County Planning Board and the Queensbury Planning Board for their advisory recommendations in accordance with General Municipal Law §239-m and directs the Community Development Department to take all actions necessary to effect such referrals, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed th Local Law after the public hearing at its December 20, 2004 meeting. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE COUNCILMAN BOOR-Thinks it would be important to clarify how this actually affects people. SUPERVISOR STEC-All the allowed uses that are currently allowed in the LC-10 acre zone are also allowed in the LC-42 acre zone. In effect the only difference between the two is the construction density. LC-42 is an Adirondack Park Zoning Classification. A good portion not all of the LC-10 acre property in the Town is in the Park. This would basically limit density of potential subdivisions. If somebody had eight-acre lot or a twenty-eight acre lot they would still be able to develop that lot as they currently can now. The only difference would be it that they would not be able to subdivide the lot without forty-two acres per lot. This is a very significant proposal that the Town will be considering applauds the Town Board for considering it. Twenty-five percent of the Town’s landmass is currently zoned ten acres we are proposing to take all twenty-five percent almost nine thousand five hundred acres in the Town and rezone it to forty two acres. It means less density more preservation of open space it means lower density of growth. It would affect all four Wards they all have LC-10 acre zoning in it. COUNCILMAN STROUGH-Hopes that the word gets out there regarding this rezoning. COUNCILMAN BOOR-Questioned if the Town’s LC is the same as the APA’s LC? EXECUTIVE DIRECTOR, RYBA-Believes that it is I will check. RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 524, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 513 SECONDED BY: Mr. John Strough 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 Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: CEMETERY FROM: TO: $ AMOUNT: 02-8810-2001 02-8810-4110 1,000. (Misc. Equipment) (Vehicle Repair) HIGHWAY FROM: TO: $ AMOUNT: 04-5130-2020 01-5010-2020 23,064. (Vehicles) (Vehicles) INFORMATION TECHNOLOGY FROM: TO: $ AMOUNT: 01-1680-4720 01-1680-2031 2,500. (Consultant Fees) (Computer Hardware) th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None TH (AUDIT OF BILLS SCHEDULED FOR WORKSHOP OF OCTOBER 25, 2004) RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS – GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY RESOLUTION NO.: 525, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 514 WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury’s current Transportation Agreement with the Transit st System will expire December 31, 2004 and the Transit System has submitted a new Transportation Agreement for January 1, 2005 through December 31, 2006 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury’s two representatives have been the Town Supervisor and Executive Director of Community Development, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement 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 approves the Transportation Agreement between the City of Glens Falls’ Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of $42,786 annually for 2005 and 2006, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Executive Director of Community Development as the Town of Queensbury’s representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 515 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 526, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 105,2004 the Queensbury Town Board authorized submission of an application to the New York State Division of Housing and Community Renewal (DHCR), and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $400,000 from the New York State Division of Housing and Community Renewal, such funds to be used for housing rehabilitation, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $400,000 in grant funds to be received from the New York State Division of Housing and Community Renewal (DHCR) and authorizes and directs the Town Supervisor and/or Executive Director of Community Development to execute a Grant Agreement with the New York State Division of Housing and Community Renewal (DHCR) Grant Agreement such Grant Agreement to be in form acceptable to the Town Supervisor, Executive Director of Community Development and Town Counsel, and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $400,000 for grant funds received by the Town through the New York State Division of Housing and Community Renewal (DHCR), such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town REGULAR TOWN BOARD MEETING 10-18-2004 MTG# 49 516 Supervisor, Executive Director of Community Development and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of October, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None ATTORNEY MATTERS TOWN COUNSEL, HAFNER-Reported that Niagara Mohawk was looking for an easement along Meadowbrook Road received call from them noting they have found another method to do this wouldn’t be looking for the Town to do it. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 527, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 18 day of October, 2004 by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury