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2005-01-24 MTG3 REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 803 REGULAR TOWN BOARD MEETING MTG#3 TH JANUARY 24, 2005 RES#47-78 7:00 P.M. B.H. 1-4 TOWN RD #537 TOWN 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 OF 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 BUDGET OFFICER – JENNIFER SWITZER SENIOR PLANNER – STUART BAKER 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. 47, 2005 INTRODUCED BY: Mr. Thedore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 24 day of January, 2005, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 804 PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE & DEBBY SEABOYER MR. SEABOYER, AGENT TOM CENTER – ATTORNEY MICHAEL O’CONNOR PRESENT NOTICE SHOWN OPENED MR. CENTER-As we mentioned at the last meeting we had increased the length of Elgen from thirty six to forty feet. We have changed the system from a septic tank or an Aerobic System to an Aerobic Treatment Unit; placing the Aerobic Treatment Unit down next to the house then pumping up after that up to the Elgen field. This is based on information that we received from George Bardin Canandaigua Lake. From Department of Health we chose a multi-flow unit, which is a system that has been in use out there for more than twenty years and is very effective. It has a ninety five percent contaminant removal rating it is a Class I System. That’s about all we’ve done, if you have any questions on the new drawings. On the detail sheet we added two notes. On the effluent pump in response to the comment letter from C.T. Male if you want to look at the bottom right hand drawing of the effluent pump note three. We told the contractor to vent the pump station back through the house sewer vent, which it currently does now. Also to provide and install a gasket on the access cover to keep the smell in the tank it will vent through the house sewer vent, which that does currently. The existing pump station sits right underneath the front door concrete slap they haven’t reported any problem with the existing pump station. The other notes the end of number two in the same detail effluent pump station we added a solenoid value on the house water supply. That will close off the water supply in the event the system goes into alarm so that until the alarm situation is corrected there is no domestic water supply to the house so that requires them to fix the problem before they can add any other effluent into the system rather then adding the automatic dialer like we talked about the last time and those are the only additions to the drawings. ATTORNEY O’CONNOR-I think we improved what we’ve offered. We basically now have a system that is sized for three bedrooms, which will have the effluent going to it that is ninety five percent purer than what is typical of any other type system. We’ve answered, I think all of the questions and Tommy answered most of them directly except for one that was raised by the engineer. That was the question of whether or not we would have an automatic dialer or call system on the pump for an alarm. We spoke the last time we were here that we thought it would not be necessary with putting the other solenoid on there that would shut off the water supply. SUPERVISOR STEC-Dave Hatin do you have any, we got your correspondence, I think today from the additional comments do you have anything to add, Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-No. SUPERVISOR STEC-Board members any questions or comments? You do move forward in the direction that we asked. I’m not sure if everyone is satisfied or maybe we are. Do board members questions of the applicant or comments at this point? COUNCILMAN BREWER-I just have a comment. I think that Mr. Seaboyer has gone the extra mile on this application. He came in we discussed it with him he is REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 805 willing to make changes not only for himself, but the for betterment of the lake. I think he has done an excellent job in taking our suggestions and engineers. I have no problem with this application now. SUPERVISOR STEC-Okay. Anyone else? COUNCILMAN BOOR-I’m also very happy with what I see. I do have one question it’s just for my education. When you vent it back to the house do you use the soil pipe as a vent or do you have a separate loop? MR. CENTER-It’s the same pipe will vent back through the house. It is just to make sure that the pipe coming out of the house is properly vented and connected into the house sewer vent. COUNCILMAN BOOR- It looks good, I’m pleased. I’d like to think that in the future when we have marginal applications that you as an engineer might feel more comfortable right from the beginning advising respective clients that this would be something that this board would be more readily approving of. MR. CENTER-It was something new to me. After talking to Mr. Bardin at length we are very comfortable with it. Mr. Nace and I both had some conversions about the system and we’re very comfortable with it. I think it will do an excellent job. SUPERVISOR STEC-Okay. The public hearing I believe, I left opened the last time so the public hearing is still opened. If there are any members of the public that would like to comment on this application please raise your hand we will have you come up to the microphone. DEPUTY CLERK O’BRIEN-This is a new public hearing a new application. SUPERVISOR STEC-I’m sorry. I will open the public hearing if there are any members of the public that would like to comment on this application please raise your hand? PUBLIC HEARING OPENED NO PUBLIC COMMENT RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVE AND DEBBY SEABOYER RESOLUTION NO.: BOH 1, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Steve and Debby Seaboyer filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health allow installation of: 1. an absorption field 90’ from Lake George instead of the required 100’ setback; REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 806 2. an absorption field 2.35’ from their property line instead of the required 10’ setback; and 3. a multi-flow unit 4’ from the structure instead of the required 10’ setback; on property located at 83 Rockhurst Road, Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the th variance request on January 24, 2005, 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, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Steve and Debby Seaboyer’s application for variances from the Sewage Disposal Ordinance to allow installation of: 1. an absorption field 90’ from Lake George instead of the required 100’ setback; 2. an absorption field 2.35’ from their property line instead of the required 10’ setback; and 3. a multi-flow unit 4’ from the structure instead of the required 10’ setback; on property located at 83 Rockhurst Road, Queensbury and bearing Tax Map No.: 227.13-2-36. th Duly adopted this 24 day of January, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 807 PUBLIC HEARING CLOSED PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION OF ANITA SULLIVAN AGENT BRIAN KENDRICK PRESENT OPENED NOTICE SHOWN SUPERVISOR STEC-I will ask you to briefly update the board. We’re looking for an Elgen system ten feet from the foundation in lieu of the required twenty-foot setback seventy-four feet from the well in lieu of a hundred feet setback at 3 Honeysuckle Lane, Queensbury? MR. KENDRICK-That’s correct. I’ve got some things that I would like to give you. (Presented board with a copy of a bill from American Drilling Company) I’ll explain why I gave you that in just a second. Do you have any questions you want to ask me first? COUNCILMAN BOOR-Are you on the Shoreline Colony Water District? MR. KENDRICK-Yes. COUNCILMAN BOOR-Is that the source of drinking water? MR. KENDRICK-Yes. COUNCILMAN BOOR-Thanks. SUPERVISOR STEC-Go ahead sir. MR. KENDRICK-Just two things. The ten-foot setback is standard twenty from an existing building. We’re looking for a ten-foot variance simply because of the space we have the setbacks from the property line. The existing system that’s there is nonconforming and its long since failed it is actually less than ten feet from the building as we speak. As far as the well goes Anita still plans to have her main water source as the Town water this is more of a backup source. The well itself sits at a higher elevation than the septic system so it’s an uphill grade. The reason that I gave you those papers was to show the depths of the well, the depth of the casing. COUNCILMAN STROUGH-This is her well? MR. KENDRICK-Yes. It is preexisting it was drilled in 1971 so it’s been there for a long time, gee that’s basically about it. We’re putting in a good Elgen system it’s all been designed and engineered. We brought in a soil scientist as well as an engineer on the site to do a perk test. We’ve laid this out exactly there are no setback problems anything of that nature. It doesn’t affect any neighboring wells or septic’s. SUPERVISOR STEC-Questions from Town Board members so far? I’ll open the public hearing at this point to see if there are any comments or questions from Town Board members? Is there any member of the public that would like to speak on this application right now? REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 808 JOHN SALVADOR-Thank you, I just have a couple of questions concerning insidious site conditions. I have here a design standards or manual for the Elgen System. The design flow is supposed to be a hundred and ten gallons per day for bedroom depending on the type of water fixture. There is no definition in here as to what you can or can’t have for water fixture. Also our code does not adequately define a bedroom. Some codes are very explicit about what a bedroom is or can be our code doesn’t address that. The other thing, I think, I read into this is that you need a minimum of three feet of natural undisturbed soil underneath the in drain system, do we have those in this case? Do we meet those criteria? MR. KENDRICK-Yes, actually both. The daily design flow was a hundred and ten times two. For two-bedroom house it is two hundred and twenty gallons per day. We have thirty-six inches between the base of the system and the natural soils as you can see right here. MR. SALVADOR-A two-bedroom facility? MR. KENDRICK-Yes. MR. SALVADOR-Have we taken the trouble to identify areas that could be used for sleeping potential? MR. KENDRICK-This house will be on a crawl space not on a full basement. MR. SALVADOR-It is seasonal? MR. KENDRICK- Seasonal, yeah. MR. SALVADOR-Does it have things like dishwasher, garbage disposal, washing machine, showers? SUPERVISOR STEC-Actually John we will have you direct your comments to the board we can ask the questions back, sorry. MR. SALVADOR-Fine. Is the facility permitted to have then if it uses this Elgen system a dishwasher, garbage disposal, washing machine, showers without specific showerhead, low flow toilets, bathing, Jacuzzi, things like this? It says here depending on the type of water fixture. All of those that I mentioned are water fixtures. Are this prohibited in this case? COUNCILMAN BOOR-I’ll just take a crack at it. They are probably not advisable. The issue here comes down to retro fitting afterwards. Any application could meet the criteria then the day after the system goes in any homeowner could come in put a garbage disposal in. They could conceivably even put a high flow toilet in if they could find them. Is it ideal? No. Is it something we won’t have happen? No. Is it appropriate? No. Do we have a means of enforcing? No? The issue isn’t in an ideal world would this be what we want. It is practical for us to pretend that we’re going to monitor. Wouldn’t it be insincere if the applicant came before us and could answer every one of your questions, no I do not have a garbage disposal, and no I do not have a Jacuzzi? The simple fact of the matter is he is not going to need a permit to put those things in maybe a Jacuzzi, not the best example. I just don’t think we’re going to be able to go into these households. I think it behooves the owner to be familiar with the system he’s putting in and know that these are not ideal things to do if in fact you have in this instance an REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 809 Elgen system. They are really ruining their own investment as soon as it fails they will have to put another one in. MR. SALVADOR-Owners have been known to do that. You certainly can condition any permit around prohibition of these types of water fixtures. If you can’t enforce them you should not approve this. It specifically states depending on the type of water fixtures installed. COUNCILMAN BOOR-I’m going to go out on a limb and say we can’t enforce it. We can’t enforce what people have in their homes. We’re not going to become a police state and go around knocking on people’s doors and asking, hey we want to go through and see just what kind of fixtures you have. I don’t want them to do these things, but I don’t think it’s our responsibility, and I think it would be inappropriate for us to take those kinds of actions. MR. SALVADOR-I think you can condition the permit around the prohibition of certain types of fixtures. COUNCILMAN TURNER-We can do that. COUNICLMAN BOOR-We can do that absolutely. I have no problem doing it tonight. MR. SALVADOR-Then enforcement becomes another issue, but you have to start some place. Thank you. SUPERVISOR STEC-Anyone else that would like to speak on this public hearing this evening? WATER SUPERINTENDENT, RALPH VAN DUSEN-As the operator of the Shore Colony System the only concern we would have is that certainly they are entitled to have a separate well that’s fine, it’s there they can use it. We just want to make sure that the well system is totally separate from the public water system that there is an air gap separating the two. I would request that the board stipulate that it would be a condition of approval. Thank you. SUPERVISOR STEC-Anyone else that would like to speak on this public hearing this evening? Mr. Hatin do you have anything? Why don’t we get your two sense on this application, please? DIRECTOR OF BUILDING & CODES, MR. HATIN-It wouldn’t be right to leave Mr. Salvador unanswered. The Ordinance has built in safety factors into it. Number one, if you look at our septic application we ask the applicant if they are going to put in a garbage disposal or a whirlpool Jacuzzi because that adds another bedroom to the septic tank as well as the system. By the nature of design they couldn’t have those when we do our final inspection. This is also proposed for a new structure as well, which instantly puts it into the hundred and ten gallon per flow. You can’t buy fixtures now a day over the counter that doesn’t meet those requirements it is almost impossible. I think that answers a lot of those questions that Mr. Salvador brought up right away. Can we do something after the fact if we issue a CO and they go in and put a garbage disposal in or a Jacuzzi tub as Roger eluded, too? That’s really not something we can enforce or easily enforce, but by the nature of this variance you will condition that it is limited to a two bedroom system so therefore a whirlpool spa or a garbage binder will be prohibited during our inspection and our final inspection because we limit it to two bedrooms. The definition of a bedroom that we’ve always used is a room that has a closet in it. A REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 810 lot of time we will get four bedroom homes with a studies, dens, if they have a closet we will count them as a bedroom. SUPERVISOR STEC-Anyone else on this public hearing? Town Board members with questions or comments? I heard a couple of suggestions that were made Bob maybe adding in some language to insure that there is an air gap that separates the well system from the public water supply system that Ralph Van Dusen recommended. I’m not sure if the board wants to also prerequisite the low flow kind of language or not? COUNCILMAN BREWER-I think we are protected by that by what Dave said just a minute ago. SUPERVISOR STEC-The well separated is everyone fine with that. Bob, I don’t know how you would add that into this resolution. TOWN COUNSEL, HAFNER-I think we would add a resolved, that the approval is conditioned upon the applicant making sure there is an air gap separating the Town public water system and the homes well to the satisfaction of Dave Hatin. COUNCILMAN BREWER-Is that something you would want to inspect Ralph or have Dave inspect? COUNCILMAN STROUGH-You didn’t mean an air gap. You mean just as long as the systems are separate? SUPERVISOR STEC-They are physically not connected. TOWN COUNSEL, HAFNER-That’s what he had said air gap. Instead of to the satisfaction of Dave Hatin it should be to the satisfaction of the Town and Ralph, I guess would inspect that. SUPERVISOR STEC-Is there anyone else that would like, Mr. Salvador? MR. SALVADOR-It’s not clear to me what the design characteristics of the air gap are? SUPERVISOR STEC-They are not physically connected the two systems. TOWN COUNSEL, MR. HAFNER-What’s important is that it is to the satisfaction of our Town Water Superintendent it’s up to him to protect the Town. SUPERVISOR STEC-For my own edification what is the characteristic of the air gap? What does it consist of? How do you do this? COUNCILMAN BOOR-We can’t answer that. MR. SALVADOR-If it means that you have you have to have one system completely disconnected while you are using the other system if that’s what it means then provisions have to made the design layout of the facility to accomplish this. I believe the reason you are on the well is because you need water in wintertime and the Town system is shut down. This is winterizing it’s not quite as easy especially on a building that’s built on piers. I’d just like to make sure that everybody understands what’s required. What are the design characteristics of the air system? REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 811 SUPERVISOR STEC-Anyone else like to speak this evening on this public hearing, any other board members? COUNCILMAN STROUGH-When you did your perk test normally our Town Code and everything else I referred to on line just to make sure that your system is sized right, I kind of double check everything. I can’t read your perk test if you help me with that it would be helpful. MR. KENDRICK-Rephrase that so I understand what you are looking for. COUNCILMAN STROUGH-On gallons per day or square feet the perk that’s what we use. You’ve got meters? MR. KENDRICK-Minutes. COUNCILMAN STROUGH-Minutes. Six minutes it is just that I’ve never seen it written this way that’s probably just me. MR. KENDRICK-First run in six minutes and fifty seconds. What you are doing is doing four runs and you are timing how long it takes to go eighteen inches. So your first run took six minutes and fifty seconds. Second run took ten minutes and five seconds and so on down the line to go eighteen inches to perk. COUNCILMAN STROUGH-Okay. MR. KENDRICK-Based on those perk results the soil scientist as well as the engineer got together and this is where they designed the system to fit within this realm. COUNCILMAN STROUGH-Thanks for explaining that. You are bringing in eighteen inches of fill and that will give you three foot from the septic system to the modeling that we’re noticing. MR. KENDRICK-That’s correct. Right now the lay of the land has a tendency to tilt from Honeysuckle heading towards the backend of the property towards the backend of Sunset. If you are looking at the map you will see the drop inlet in the far back left corner. The property has the tendency to tilt back in that direction so the existing septic system has long since failed is just flowing in that direction. This is not on footings by the way this is a full six-foot concrete wall. Four foot of it is exposed we’ve got a four foot frost wall concrete slap. The septic system itself is level we are going to be bringing in fill to basically re-level the property so that everything flows correctly. We will have infiltrators we’ve done our wastewater the storm water runoff we’ve done all the test for that. Everything would work adequately this would actually help the neighbors. I know the neighbor on the other side spent a considerable sum of money doing just that by rising up their property because it was so wet. Our proposal for this drain that runs through you can kind of see where it cuts right through the corner where the new existing building is going to go. That is an old drain that was put in by the Town years ago and doesn’t get maintained. We’re going to rearrange it and move it we are going to raise this drop inlet in the back to help water flow smoothly all the way down through that Town line so the flooding will stop. COUNCILMAN STROUGH-Is that part of the Town system? MR. KENDRICK-It’s on private property so they don’t maintain it. It was put in years and years ago. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 812 COUNCILMAN BOOR-It’s an unusual system definitely. COUNCILMAN STROUGH-So the Town or County or whoever put it in doesn’t have the easements or anything? COUNCILMAN BOOR-No. COUNCILMAN STROUGH-Does it function? MR. KENDRICK-From what I’ve seen you’ve got about a twelve inch pipe there half of it is full of dirt. Mr. Crandall, I think the contractor did the property on the north side of the property they spent and extensive amount of money clearing out that drain system and building up the property, but that didn’t help any of this part that’s plugged. When we get through with perforated pipe and running the drain system correctly it should alleviate everybody’s flooding. COUNCILMAN STROUGH-It should help then. MR. KENDRICK-Immensely we want to do it right. COUNCILMAN STROUGH-Will there be any parking in that part of the property? MR. KENDRICK-Right where the existing driveway is now the driveway will be in the same place relatively within the same lines of the house. COUNCILMAN STROUGH-Thank you. SUPERVISOR STEC-Any other questions? Any other comments from the public? Do you have a comment Mr. Salvador? MR. SALVADOR-I thought that it was a requirement for three feet of natural soil underneath the system. I hear Mr. Strough mention something about fill? SUPERVISOR STEC-Thank you. COUNCILMAN BREWER-It’s about the system right? He is bringing the fill in on top of the system not below it. COUNCILMAN STROUGH-I don’t think it says in the codebook that it has to be native natural. COUNCILMAN BREWER-Yeah it does. DIRECTOR OF BUILDING & CODES, MR. HATIN-Department of Health allows you to go through... cycle. …fill the area come back and do a perk test. COUNCILMAN BOOR-It can be a one-year we’ve had these before. SUPERVISOR STEC-Any other public comment? I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STEC-Any other questions or comments from Town Board members? REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 813 COUNCILMAN BOOR-I would just say that I’m familiar with the property because of some other issue up there I’m appreciative. I think what you are going to do is an improvement. I’m familiar with that line you are talking about, I know that it clogs and is an issue so I think what you are proposing is a good idea. SUPERVISOR STEC-Any other comments from Town Board members? RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF ANITA SULLIVAN RESOLUTION NO.: BOH 2, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Anita Sullivan filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize installation of a new Elgen septic system 10’ from the foundation instead of the required 20’ setback and 74’ from the well instead of the required 100’ setback on property located at 3 Honeysuckle Lane, Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the th variance request on January 24, 2005, 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, c) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 814 RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Anita Sullivan for variances from the Sewage Disposal Ordinance to allow installation of a new Elgen septic system 10’ from the foundation instead of the required 20’ setback and 74’ from the well instead of the required 100’ setback on property located at 3 Honeysuckle Lane, Queensbury and bearing Tax Map No.: 226.19-1-10, and BE IT FURTHER RESOLVED, that the approval is conditioned upon the applicant making sure there is an air gap separating the Town public water system and the homes well to the satisfaction of the Town. th Duly adopted this 24 day of January, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RONALD AND JO ANN TAYLOR RESOLUTION NO.: BOH 3, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 variances from Chapter 136 to install a new Elgin bed septic system: 1. 82.98’± from Lake George instead of the required 100’ setback; 2. 6.83’± from property line instead of the required 10’ setback; and 3. 8.11’ from property line instead of the required 10’ 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 th hearing on February 7, 2005 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 REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 815 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 24 day of January, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR-Noted his concern with the wording of the letter dated th January 18, that they received from the law office. They are back with a system for a three bedroom the caveat now is you are not actually going to put another bedroom on when we put the addition on we’ve decided we are going to put a whirlpool in. This is why we want a septic system that would accommodate three bedrooms. MS. BITTER-That was always the applicant’s intent noting she doesn’t think this was conveyed during the last appearance. COUNCILMAN BOOR-When you go to the Zoning Board if we grant this you will have a system that would allow three bedrooms and you are on a little more than a tenth of an acre. What you are asking for I think is too much. I feel very firmly that you are asking for too much in this application. MS. BITTER-I think, that is, what the applicant’s are trying to present here with their new construction. Part of their plan was to have this whirlpool, which is why they are proposing the system, which accommodates a three bedroom. COUNCILMAN BOOR-We don’t have to grant that. You have it as a given in the language of your letter MS. BITTER-Apologized for making that inference. I’m saying that is part of the proposal that is being presented this evening the three-bedroom system, which was due to the fact that there would be a two bedroom with a whirlpool. COUNCILMAN STROUGH-Questioned if they have investigated going with the aerobic system? MS. BITTER-We can look into that if that’s something the board is interested in. COUNCILMAN STROUGH-That would be deeply appreciated. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH, 4, 2005 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 816 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 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 24 day of January, 2005, by the following vote: Ayes: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Noes: None Absent:None PUBLIC HEARINGS PUBLIC HEARING – NICKOLE WEATHERWAX’S - APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT OPENED 7:45 P.M. NOTICE SHOWN NO ONE PRESENT SUPERVISOR STEC-Is Ms. Weatherwax or her agent present this evening? I will open the public hearing. Dave do you have anything that you would like to add regarding this application, please? DIRECTOR OF BUILDING & CODES, MR. HATIN-This is a situation that came to us after the fact. This mobile home was installed back in 1996 from the information we have. No permits or approvals were ever granted the Zoning Board approved it. The next step is the Town Board approval then a building permit to rectify the situation so this is the second step in this process. COUNCILMAN BREWER-They got a variance to allow them to have it and we just have to do a resolution so that they can keep the home. Is that renewable like every other one that we do? DIRECTOR OF BUILDING & CODES, MR. HATIN-I think it’s a revocable permit. TOWN COUNSEL, HAFNER-It continues unless you revoke it. SUPERVISOR STEC-How did this get brought to your attention Dave? DIRECTOR OF BUILDING & CODES, MR. HATIN-Actually the Assessor’s Office when they were out doing reassessments. SUPERVISOR STEC-That would explain it. Again, the public hearing is opened if there is anyone that would like to speak on this revocable mobile home permit? Again, the address in on Ellsworth Lane, anyone at all, comments from Town Board members? NO PUBLIC COMMENT REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 817 PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR NICKOLE WEATHERWAX RESOLUTION NO.: 48, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code §113-12, and WHEREAS, in 1999, Nickole Weatherwax purchased a doublewide mobile home to replace the mobile home existing on property located at 62 Ellsworth Lane, however, a permit allowing such mobile home replacement outside of a mobile home court was never recorded in the Town’s Department of Building and Codes, and WHEREAS, Ms. Weatherwax wishes to maintain her mobile home existing on the property since 1999 and therefore she filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to seek formal Town Board approval for replacement of the formerly existing mobile home with the newer, double-wide mobile home, and WHEREAS, the Town Board held a public hearing concerning this application on January th 24, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Nickole Weatherwax in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 24 day of January, 2005, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None PUBLIC HEARING – WATER TRANSMISSION SYSTEM IMPROVEMENTS IN VICINITY OF BAY AND COUNTRY CLUB ROADS AND WINCREST DRIVE WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT OPENED 7:46 P.M. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 818 NOTICE SHOWN GARY MALE FROM C.T. MALE ASSOCIATES, WATER SUPERINTENDENT, RALPH VAN DUSEN MAP PRESENTED GARY MALE, MANAGING ENGINEERING C.T. MALE ASSOCIATES-The Town of Queensbury has engaged us to prepare a design for a twelve-inch water main replacement along Bay Road almost forty two hundred feet of it from just north of Cronin Road to the south end of the Community College property. The other aspect of this particular project is while we were doing that the Water Department wanted to put a connector on Wincrest Drive connecting the Country Club Road. Currently the water system within the subdivision at Wincrest Drive is looped, but it is not connected to Country Club this connection will substantially strengthen that system in the subdivision. It will provide water with another route to get to the residences. The twelve-inch water main in Bay Road the existing one is under the pavement. The County is getting ready to reconstruct Bay Road next year. The existing main has broken on numerous occasions at considerable expense it certainly also disrupts the pavement and everything when that happens. To propose a twelve-inch replacement will be newer ductile iron the existing main is cast iron it will be installed outside of the pavement. There were two or three easements, I think that had to be procured in order to get that route and those have been procured. The total cost of the project is about five hundred and seventy five thousand dollars estimated including all the engineering observations and some money in there for contingencies. The money is already in the reserve fund for the Queensbury Consolidated Water District. There are sufficient funds in that reserve fund to handle this cost. I guess that’s it if you have any questions. COUNCILMAN BREWER-How old is the pipes that are in there now just out of curiosity? MR. MALE-Forty years. COUNCILMAN BREWER-Older than me then. WATER SUPERINTENDENT, MR. VAN DUSEN-It was installed in the mid sixties. MR. MALE-You might have expected the pipes to last longer according to Ralph there are two issues. There was a foundation problem you have mucky soils underneath and they’ve also added some fill to Bay Road over the years. The new main is going to be wrapped in plastic to protect it from external corrosion although external corrosion doesn’t appear to have been a problem with the existing main. COUNCILMAN BREWER-Now it’s coming back to me Ralph. We talked about this previously. There is no real straight line if you will where the depth might be seven feet in one place fifteen feet in another place, are you going to maintain the same? WATER SUPERINTENDENT, MR. VAN DUSEN-We will maintain a constant depth. The only exceptions would be is that we have two wetlands areas that we will be going through by direction of driller. Other than that anything that is dug with an open ditch would be buried at five and a half feet of cover. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 819 COUNCILMAN BOOR-Ralph, you say the five hundred and seventy five is already in a reserve fund and has been transferred so will there be an affect on district taxes? WATER SUPERINTENDENT, MR. VAN DUSEN-That’s correct the money in affect is sitting in the bank in the fund waiting to go. COUNCILMAN BOOR-It’s paid for essentially. WATER SUPERINTENDENT, MR. VAN DUSEN-There be will zero impact. COUNCILMAN BOOR-What will the balance on that fund be, do you know? WATER SUPERINTENDENT, MR. VAN DUSEN-Off the top of my head, I think the balance right now is one point two million. SUPERVISOR STEC-Yeah, it’s over a million. st WATER SUPERINTENDENT, MR. VAN DUSEN-As of December 31, last year it was one point two million we’re transferring additional funds in this year. We were envisioning doing the Bay Road Project, Main Street Project; we have another one that will be coming before the board in the Meadow Drive, Meadow Lane area. COUNCILMAN STROUGH-What is the life expectancy of ductile iron pipe verses cast iron pipe? MR. MALE-Probably substantially the same. Ductile iron is stronger; cast iron went back a lot of years. There was a time when it wasn’t lined or anything like that with cement. There have been a number of improvements that have been made both the cast iron then to the newer ductile iron. Depending on conditions it could be a hundred years. In other areas, it could be ten years if somebody puts it in a place where it really doesn’t want to be. COUNCILMAN STROUGH-The ductile is lined with clay? MR. MALE—Cement mortar as was the newer cast iron was back in the fifties and early sixties so that it didn’t rust from the inside that the water didn’t corrode it. WATER SUPERINTENDENT, MR. VAN DUSEN-Properly installed either the cast or the ductile should have a life in the seventy-five year range certainly at least and maybe as much as a hundred. SUPERVISOR STEC-Just for the benefit of the public they don’t have this in front of them necessarily. This is a twelve-inch pipe on the east side of Bay Road from just north of Cronin Road to Adirondack Community College. Then about two hundred and ten linear feet of eight inch pipe to connect an eight-inch water main at Country Club Road with a six-inch main on Wincrest Drive. This water project for those that are tracking the improvements that have been talked about to the physical condition of Bay Road itself; this is the project that we have been talking about that has to happen first before the County goes in and repaves and re-stripes makes the other improvements to the traffic safety on Bay Road. This project is why the County put off Bay Road until next year. This project will be completed hopefully when Gary? REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 820 MR. MALE-I would expect it to take two to three months to complete. We expect th it to be early spring, April 15 or so certainly no later than the first of May by the time they start so it will mid summer. SUPERVISOR STEC-Starting approximately mid summer that’s when the County will go to work on the surface of Bay Road. I’ll open the public hearing. If there are any members of the public that would like to ask any questions or make any comments regarding this project, please just raise your hand. MICHAEL STERN, 12 GREENWOOD LANE-Hearing about this on Bay Road, I thought I’ve heard that there have been several breaks in the main? SUPERVISOR STEC-There has actually been several in the last couple winters in that area, Cronin Road, Bay Road on either end of Cronin there was a couple. I think this winter already near Meadowbrook and Cronin. I think last winter there was a couple on this stretch of Bay Road, one by Bayberry and one by the Stewart’s. MR. STERN-It sounded like the reason for these breaks were the foundation in that area? COUNCILMAN BOOR- Inconsistent soils that this stuff sits on. Some is expansive, some is rocks, some moves differently or doesn’t move and it can get crushed. MR. STERN-It’s all in that same area and these pipes that were there should of latest seventy years, but they only lasted forty. The question, I would be asking is how do you support it there if there are problems what are they going to do about that? COUNCILMAN BOOR-My guess is that the ductile iron is less susceptible to the breaks than the cast. MR. MALE-That’s one of the answers. You want a foundation under any pipe however strong it is. There is crush stone bedding called for in the contract documents so that the pipe will be bedded. We don’t know necessarily how well the pipe was bedded the first time it was put in. There will an observer there to watch the bedding and the backfill around the pipes. Of course, if you get into a real bad spot or sloppy area you have the ability to put more stone in it could be one, two, even more feet of stone underneath the pipe in order to stabilize it. COUNCILMAN STROUGH-Also, wasn’t the situation aggravated by the fill they brought in to level Bay Road? MR. MALE-Yes. COUNCILMAN TURNER-The other too, is that the soil there is very and Gary will tell you it’s all kinds of stuff. The other thing this has broke fifteen years ago many times way back so it’s nothing new. It really needs to be changed. SUPERVISOR STEC-Thank you, Mike. Any other public comment on this public hearing this evening? Any questions from Town Board members of either Mr. Male or Ralph Van Dusen? PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 821 RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS IN VICINITY OF BAY AND COUNTRY CLUB ROADS AND WINCREST DRIVE WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 49, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (District) in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing a water main on Bay Road and installing a water main connector at Country Club Road and Wincrest Drive in accordance with Town Law §202-b, and WHEREAS, C. T. Male Associates, P.C., professional engineers, have prepared a Map and Plan concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and the Map, Plan and Report describes exactly what work is proposed to be done, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), and th WHEREAS, on January 10, 2005, 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 proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held th on January 24, 2005 and the Town Board has considered the evidence given together with other information, and WHEREAS, the “Whereas” clause in the Public Hearing Order was inaccurate and instead, the actions described in the Map, Plan and Report are State Environmental Quality Review Act (SEQRA) Type II actions listed under 617.5(c)(1), (2), (5) and (11), and WHEREAS, as Type II actions, no SEQRA review is required, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 822 WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and WHEREAS, the Town has the funds to pay for the proposed Water District improvements in a Capital Reserve Fund previously established, and WHEREAS, any expenditure from such capital reserve fund is subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that these actions are Type II actions and therefore, no State Environmental Quality Review Act (SEQRA) review is required, and BE IT FURTHER, 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 authorize and approve the improvements to the Queensbury Consolidated Water District, such improvements being: A. replacement of existing water main with approximately 4,190 LF of 12- inch pipe along the east side of Bay Road from just north of Cronin Road to the Adirondack Community College property; and B. installation of approximately 210 LF of 8-inch pipe to connect the 8-inch water main on Country Club Road with the 6-inch main on Wincrest Drive; in the Town of Queensbury as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 823 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation. 3. a permissive referendum in the manner provided in New York State Town Law Article 7; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Map, Plan and Report from the Water District’s Capital Reserve Fund subject to a permissive referendum in the manner provide din New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 24 day of January, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None HEARING - RONALD JECKEL’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 RONALD JECKEL PRESENT MR. JECKEL-The subject land is located on Route 9 across from the new restaurant Sweet Basil’s. I operated there for some twenty plus years and had a tenant in there for the last five, which terminated in April 2004. As you drive by there you can obviously see the signs that the property is available. The purpose for my request is to postpone connection to the sewer system until we are able to decide the disposal of the land that is whether it is going be fully leased for some term or sold in which, case it properly be a developer that would be hooking up under different conditions that exist at this time. We’re in negotiations with parties for both purchase and lease right now. If the property were to be leased over for more than say a year or two we would obviously connect. It is not a desire to avoid connection it is a desire to just not waste digging time and money to put it together until we know what’s going to really happen to the land long term. What we’re working on now is there are several things going on right now. There are two parties on short-term lease, which means about twelve months to eighteen months and they are going to do a market trial in this area. There is another party looking at as much as four years in which case there is no problem. When I know that if that’s what’s going to happen we will be in touch to do our connections. We REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 824 have two connection points on that property because there are two buildings. One is approximately four hundred plus feet back from the connection. The other one is about a hundred and seventy five. My desire was not to just automatically hook up and not know what’s going to happen with the property in the long run then have it have to be dug up again if it was to be changed. SUPERVISOR STEC-Bob, I think the question that I had, and I think you had answered it before, but perhaps the board from a financial perspective to the Town. TOWN COUNSEL, HAFNER-As I understand it this property will still pay the advelorum tax so there will be no impact to the Town from that viewpoint. They would not be paying the O & M. MR. JECKEL-I understand that. TOWN COUNSEL, HAFNER-They would not be paying the O & M because they are not hooked up. Our O & M is based on actually use. SUPERVISOR STEC-That was my understanding as well. Ralph or Mike they look like they want to make a correction. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Just to clarify the advelorum tax is paid by everybody in the district so he will continue to pay the advelorum tax. When the board grants any of these variances for extension of time for connection in your granting of the variance the property owner agrees to pay all charges as though they were connected. They would actually be paying an O & M charge, too also. SUPERVISOR STEC-That’s what I thought you had said. COUNCILMAN BREWER-How do you determine that? DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Water usage. In his case here these buildings are vacant there is no water usage currently now. If somebody does go in there and they have a short-term lease like he’s discussing they will pay O & M based on their water usage. SUPERVISOR STEC-In this case as far as the public’s question being is anybody getting a good deal or a better deal, no. Actually in this particular case it is also no skin off the applicant’s back because he is not using the water anyways. I thought that we should make that clear basically this would just delay connection a year. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-Correct. SUPERVISOR STEC-That’s basically the only impact it would have. th COUNCILMAN STROUGH-This would extend it until September 8. DEPUTY DIRECTOR OF WASTEWATER, MR. SHAW-He currently has a th notice the date of notice. We sent the notice out on September 8; he has until th September 8, 2005 to connect. I think Ron felt that he wanted to come here now and take care of this now that’s why he wanted to move it forward. MR. JECKEL-That was the purpose to get it started right now rather than the last minute find out where I am and everybody knows what’s going on. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 825 COUNCILMAN BREWER-Why would you want to be different than anybody else in the Town? SUPERVISOR STEC-We appreciate you being proactive here. Any other questions for Mike, Ralph, Mr. Jeckel? COUNCILMAN BREWER-To grant the extension until September 2006, Ted? TOWN COUNSEL, HAFNER-Our Statue provides for one-year variance. At the end of this term Mr. Jeckel would have an opportunity to forward and ask for another extension. th SUPERVISOR STEC-September 8, 2005? COUNCILMAN BREWER-He has until September 2005. If we give you a year it is going to be September 2006. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-The letter went out the letter states he has one year connection from day of notice. The date of notice of thth the letter was September 8, 2004. He has until September 8, 2005 to connect. He is being proactive he wanted to come here early and get the year extension. If th you give him the year extension he will have until September 8, 2006. TOWN COUNSEL, HAFNER-We had understood differently from the request. COUNCILMAN BOOR-Ron if you sell this or if something changes in the interim would you anticipate, I guess it’s as much of a question for our Counsel as it is you. Let’s assume that he sells this does this waiver pass with the sell? TOWN COUNSEL, HAFNER-It sticks with the property. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-In years past we’ve gone through this exercise years ago with Quaker Road and previous board members have had the same concerns quite often they put a stipulation in the variance that the if the property was sold or developed different that the connection would have to be made at that time. COUNCILMAN BOOR-Or we would have the option. I’m not even saying it’s something we want to do. In other words if some high intensity use came in there where they produced a lot of effluent… COUNCILMAN BREWER-I’m going to guess the Planning Board is going to require them to do it. TOWN COUNSEL, HAFNER-It’s going to be required as part… SUPERVISOR STEC-What’s the correction that you need to make in the resolve Bob? TOWN COUNSEL, HAFNER-In the second to last resolve, hereby grants Mr. Jeckel a one-year extension of time from the date, (which is one year from his date th of notice or until September 8, 2006). SUPERVISOR STEC-Ted are you comfortable with that amendment? COUNCILMAN TURNER-Yes. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 826 SUPERVISOR STEC-John are you comfortable with seconding that amendment? COUNCILMAN STROUGH-Yes. RESOLUTION APPROVING RONALD JECKEL’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 50, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Ronald Jeckel has applied to the Town Board for a variance/waiver from § 136-44 as Mr. Jeckel would like a one-year extension of time from the date of his notice, th September 8, 2004, in which to connect his property located at 1011 State Route 9 (Tax Map No.: 296.13-1-23) to the Town’s Route 9 Sewer District, as Mr. Jeckel is negotiating with potential tenants/buyers of the property, and one of the buyers would only occupy one of the buildings on the property for a one year period, and the second party would then remove the two buildings and construct an appropriate sewer connection on the property, as more fully set delineated in Mr. Jeckel’s application and letter presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. Jeckel and the th Town Board conducted a hearing concerning the variance/waiver request on January 24, 2005, NOW, THEREFORE, BE IT RESOLVED, that e) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and f) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 827 RESOLVED, that the Queensbury Town Board hereby approves Ronald Jeckel’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants Mr. Jeckel a one-year extension of time from the date of his th current extension (which is one year from the date of his notice of September 8, 2004 to September thth 8, 2005) or until September 8, 2006 in which to connect his property located at 1011 State Route 9 (Tax Map No.: 296.13-1-23) to the Town of Queensbury Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT:None DISCUSSION HELD AFTER VOTE: MR. JECKEL-There are two connectors on this property what impact would that have on anything at this point? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-The extension that they give is extension based on the property whether there are two connections or twenty connections you still have that one-year extension to 2006 on both connections. COUNCILMAN BREWER-If you were to sell the property or even keep the property and tore everything down and built one building it wouldn’t necessarily mean you would have to have two connections you would only have to have one right? MR. JECKEL-Right. One maybe used ultimately in the future depending on where facilities are placed. Or they may both be used if these buildings are going to be used as they are in the future. CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-Noted the following reports on file in the Town Clerk’s Office. Town of Queensbury Historian Annual Report 2004. Revenues and Quantities Taken in at Luzerne Road and Ridge Road Transfer Stations Yearly Report from January 2, 2004 thru December 21, 2004. Receiver of Taxes and Assessments Yearly Report January 1, 2004 – December 31, 2004. Community Development – Building & Codes Supervisor’s Monthly Report. INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 828 Discussion held regarding the Local Law to Amend Chapter 179 to Convert All Land Conservation – Ten Acres Zones (LC-10) to Land Conservation – Forty Two Acres Zoning (LC-42). It was the discussion of the Town Board that there would be no action regarding this matter at this time. OPEN FORUM PLINEY TUCKER-Spoke to the board regarding the Resolution Authorizing Advance Payments to the Fire Companies. Questioned if this is all five of the companies? SUPERVISOR STEC-In the contracts there is language that allows the Town Board to advance while we’re in-between contracts and while we’re in the middle of negotiations that allows us to advance a twelfth of the annual amount. Discussions were held with South Queensbury noting they have new management they have met with the Town Officials. The Fire Company and Town is in agreement that we will go on a month-to-month basis for the time being as the new managers get their feet under them and get the financial situation under control in South Queensbury. They will bring in their bills to the Budget Officer to review and assist in making sure they financially get straightened out. We’re not in a contract negotiation mode with South Queensbury at this point, but anticipate if everything goes well that we will be in that kind of mode later in the year this is actually for the other four companies. MR. TUCKER-Questioned if a public hearing would be held? SUPERVISOR STEC-Hopes to set a public hearing for February 28th on Fire Contracts. MR. TUCKER-Asked the status of the property above the water plant? SUPERVISOR STEC-Town Counsel did contact their Attorney noting it was lost misplaced in a pile. They have found the properties we are talking about noting he doesn’t know how fast they will be able to get this done. MR. TUCKER-Noted there is a log cabin on the property it is being used by someone all the time, asked how long before this would be finalized? COUNCILMAN BREWER-Asked Town Counsel to send a letter. TOWN COUNSEL, HAFNER-We have sent them many letters and they have ignored them. COUNCILMAN BREWER-Send them another one asking them when they anticipate getting this finalized. DAVID STRAINER, 1124 RIDGE ROAD-Asked where is the County going to pave Bay Road? SUPERVISOR STEC-From Glenwood Avenue to Town Hall plus or minus. MR. STRAINER-Noted there was a discussion regarding putting a light at Cronin Road asked if this is going to happen? REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 829 SUPERVISOR STEC-Ninety five percent sure it did not include a light. When they finish repaving and re-striping they think the intersection will work a lot better. MR. STRAINER-Asked if this is going to remain two lanes? SUPERVISOR STEC-There will be some turn lanes like a pull out kind of median situation to improve it because there is so much asphalt. Bill Remington from the County DPW has held a couple of meetings regarding this. MR. STRAINER-Questioned if this will be something that they will hold a public hearing on regarding putting a light there? SUPERVISOR STEC-Noted it is not a Town road it is a County road. MR. STRAINER-Questioned if there is plan he could look at. SUPERVISOR STEC-You would have to contact Bill Remington at the County. MR. STRAINER-Spoke to the board regarding the Trash Districts noting this was the cornerstone of his last three campaigns. Noted he is not in favor of having one provider for the whole Town it puts the Town is the same position as the Cable TV recommended having a bidding process. SUPERVISOR STEC-There would be a bid process this is early in discussions as to where we are going. MR. STRAINER-Not in favor of the Town doing the billing for the Trash Districts. SUPERVISOR STEC-That may not be the case it is one of the things that we have to look into. JOEL FISH, 420 BIG BOOM ROAD-Spoke to the board regarding Resolution Authorizing Contract with Lake George Village for “The Connection” Student Employment Center noting he is not in favor of this it is taking jobs away from him and his peers by bringing in other people from other countries noting it is hard enough to get a job at their age. JOHN SALVADOR-Spoke to the board regarding Resolution Authorizing Contract with Lake George Village for “The Connection” noting it is not favored in the Lake George Community. Spoke to the board regarding the Elgen In drain System noting the board needs to take a serious look of what’s being proposed primarily in the Lake George basin. Spoke to the board regarding the definition for bedrooms noting this needs to be addressed the Code is not adequate. Recommended the board doing and Environmental Impact Statement on the Elgen System for the Town then incorporate it in the Code. Spoke to the board regarding corporate welfare. Spoke to the board regarding the forty-two acre zoning recommended creating a new district in the Town called Watershed Zoning District. BETTY MONAHAN-Spoke to the board regarding Resolution for Change of Zone Owned by John Dreps and Eugene Cernigila. Questioned where the land is and what is the adjoining property zoned as? COUNCILMAN TURNER-It is on Bay Road and Cronin Road. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 830 MRS. MONAHAN-Questioned if its part of the golf course? SUPERVISOR STEC-It’s part of the PUD. EXECUTIVE DIRECTOR, MS. RYBA-This is dealing with a land swap. They are basically taking some land from the PUD and putting it in highway commercial. Then taking some of that highway commercial and putting it into the PUD. It’s basically the geography there is a little bit of land that is closer to the road that’s in the PUD that could then be switched to the PUD and vice versa. MRS. MONAHAN-We’re doing a lot line adjustment. EXECUTIVE DIRECTOR, MS. RYBA-Pretty much. MRS. MONAHAN-Recommended the board to take a look at the property across the road from the Town and buy it. Spoke to the board regarding the corner on Quaker Road noting she is very pleased that something is going to be done with this. Spoke to the board regarding the density for across the road thinks it will have a hard impact on the Town both visually and economically will be a burden to the school district and the taxes. NICOLE BURTON 63 OAK TREE CIRCLE-Spoke to the board regarding the One Stop Self-Storage proposal on Sherman Avenue noting she attended the Zoning Board Meeting regarding this. It was tabled due to fire code issues and lack of parking. Lives in Hidden Hills directly behind this project and is opposed to the project. Started a petition for rezoning of this lot to residential from light industrial. Hidden Hills came after this lot was zoned light industrial there are no businesses around noting her concern for traffic, property values thinks it would detrimental to the character of their neighborhood. The development entrance is where this proposed storage unit would be concerned with the storage units with constant garbage, people, and lights. SUPERVISOR STEC-Noted the comments being made and issues being brought up are issues that the Planning Board and Zoning Board would hear. In order for it to get rezoned the process would be that the Town Board would ask the Planning Board to review and rezone it. They would make a recommendation it would come back to the Town Board. This is before the Planning Board and Zoning Board now encouraged Ms. Burton to talk to staff talk to Councilman Brewer, or call him tomorrow recommended presenting petition to the Planning Board. PETER BROTHERS, WARD ONE-Spoke to the board regarding development. Should be mindful of the notion that development in the past has always gotten us out of recessions and we will need it to get us out of future recessions wherever they occur. Spoke to the board regarding the proposed Recreation Center noting his concern when government tries to compete with private enterprise. OPEN FORUM CLOSED TOWN BOARD DISCUSSIONS COUNCILMAN BOOR-Spoke to the board regarding next weeks Workshop noted his concern with too many items on the agenda. A representative from the State is coming who is going to be addressing the board regarding Cable TV noted the importance of the topic, does not want to feel rushed. Is hoping the representative REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 831 of the State will tell the board what the options are, how long do contracts have to be signed for, can they open up competition in other areas. SUPERVISOR STEC-Sent letter out soliciting surrounding municipalities in the three counties, heard back from four or five municipalities they are going to be sending a representative. Doesn’t believe the other items on the agenda will take a long time recommended moving the meeting up to six thirty. COUNCILMAN STROUGH-Recommended the meeting be set up properly so they everyone can interact with each other. Questioned if he would be getting a copy of the map for the Empire Zone? EXECUTIVE DIRECTOR, MS. RYBA-Noted these were put into the Town Board boxes on Thursday or Friday. COUNCILMAN STROUGH-Noted the value of construction in Queensbury in 2004 from the Building and Codes Department Monthly Report. Spoke to the board regarding the Occupancy Tax noted the Bob Blais found a lot of errors. SUPERVISOR STEC-The Treasurer’s Office in the County is taking care of this. COUNCILMAN STROUGH-Noted Warren County Website has improved a little bit, went to the Citizens Directory Queensbury is hardly mentioned. SUPERVISOR STEC-The site is under construction. COUNCILMAN STROUGH-Spoke to the board regarding a media release from Jim Martin noting the area is leading the State in terms of private sector job growth. Spoke to the board regarding the Lake George Program called Connections. Noted he is opposed to a program that brings in foreign students to work in the resort industry that takes seasonal jobs away from the youth in this area. COUNCILMAN BREWER-Received a call from a constituent two weeks ago complementing Dave Hatin noted he took the time to go to their home go over their application and help them and possible save them some money. RESOLUTIONS RESOLUTION AUTHORIZING ADVANCE PAYMENT TO TOWN OF QUEENSBURY FIRE COMPANIES RESOLUTION NO.: 51, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 832 Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s agreements with the Fire Companies expired on December 31, 2004, and WHEREAS, the Town and Fire Companies have agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements which is anticipated after the public hearing on new th fire protection services agreements to be held on or about February 28, 2005, and WHEREAS, the Fire Companies may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to authorize advance payments on the 2005 agreements to four Fire Companies, such advances to be deducted from contract payments to be paid after the 2005 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers to the Town of Queensbury Fire Companies in advance payment on the new fire protection services 2005 agreements as follows: th ?? Bay Ridge Volunteer Fire Company, Inc. - 1/12 of 2004 Contract Amount (not including Vehicle Fund); th ?? North Queensbury Volunteer Fire Company, Inc. - 1/12 of 2004 Contract Amount (not including Vehicle Fund); th ?? West Glens Falls Volunteer Fire Company, Inc. - 1/12 of 2004 Contract Amount (not including Vehicle Fund); rd ?? Queensbury Central Volunteer Fire Company, Inc. - 1/3 of 2004 Contract Amount (not including Vehicle Fund); and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Budget Officer to make the necessary arrangements to advance payment to the Fire Companies and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 833 RESOLUTION AUTHORIZING ADVANCE PAYMENT TO TOWN OF QUEENSBURY EMERGENCY/RESCUE SQUADS RESOLUTION NO.: 52, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., (Squads) in accordance with agreements between each Rescue Squad and the Town, and WHEREAS, the Town’s agreements with the Squads expired on December 31, 2004, and WHEREAS, the Town and Squads have agreed to continue to provide general emergency ambulance services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements which is anticipated after the public hearing on new th emergency ambulance services agreements to be held on or about February 7, 2005, and WHEREAS, the Squads may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to authorize advance payments on the 2005 agreements to the Squads, such advances to be deducted from contract payments to be paid after the 2005 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve payment vouchers for 1/12 of the respective 2004 Contract Amount(s) to the three (3) Town of Queensbury Emergency/Rescue Squads in advance payment on the new general emergency ambulance services 2005 agreements, contingent upon the Emergency/Rescue Squads having made all efforts, to the Town Supervisor and Budget Officer’s satisfaction, to have established the “bill for service” process, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Budget Officer to make the necessary arrangements to advance payment to the Emergency/Rescue Squads and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 834 NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR YEAR 2005 RESOLUTION NO.: 53, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may § contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreements currently in effect with the Town’s three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., expired on December 31, 2004, and WHEREAS, the Town and its three emergency squads have negotiated terms for new one or two year Agreements (depending on the particular emergency squad) for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed agreements for emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance service Agreements between the Town of Queensbury and its three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., th and West Glens Falls Emergency Squad, Inc., on February 7, 2005 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 835 ABSENT:None RESOLUTION ACCEPTING DEDICATION OF NOBLE WAY IN KING’S COURT SUBDIVISION RESOLUTION NO. 54, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, The BH Group, Inc., has offered a deed to dedicate Noble Way in the King’s Court Subdivision to the Town of Queensbury as described in a Survey prepared by Boswell Engineering, dated January, 2005, and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the developer completing the top th coat of the black-top within two years of the date of acceptance or January 24, 2007 and drainage easement boundaries being defined and in place, and WHEREAS, The BH Group, Inc., has provided the Town with a $26,680 cash escrow to th ensure placement of the top coat on the roads by January 24, 2007, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Noble Way in the King’s Court Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs The BH Group, Inc., to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 836 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Name: Noble Way Road Number: 537 Description: Beginning at Potter Road and continuing in a North-West-South direction a distance of 1658 feet and .31 hundredths of a mile and ending at Potter Road. Feet: 1658 and .31 of a mile. th Duly adopted this 24 day of January, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor ABSENT:None NOES:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR 2005 COMBINATION DUMP BODY WITH SNOWPLOW AND HYDRAULICS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 55, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a 2005 Combination Dump Body with Snowplow and Hydraulics as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for a 2005 Combination Dump Body With Snowplow and Hydraulics for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 837 th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2005 INTERNATIONAL 7600 SFA 6X4 TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 56, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Deputy Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2005 International 7600 SFA 6x4 Truck for use by the Town Highway Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2005 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC60769, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent’s purchase of one (1) 2005 International 7600 SFA 6x4 Truck from International Truck & Engine Corporation in accordance with New York State Contract #PC60769 for an amount not to exceed $90,180 to be paid for from funds budgeted in the current year from Heavy Equipment Account No.: 004-5130-2040, 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 24 day of January, 2005, by the following vote: REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 838 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR DODGE DAKOTA TRUCK FOR USE BY TOWN BUILDING & CODES DEPARTMENT RESOLUTION NO.: 57, 2005 INTRODUCED BY: Mr. Theodore Turner 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’s Executive Director of Community Development has advised the Town Board that he wishes to purchase a 2005 Dodge Dakota 4x4 Pick-up Truck for use by the Building and Codes Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2005 budget, and WHEREAS, this truck will replace an older truck that will be sent to auction, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC60922, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Executive Director of Community Development’s purchase of a 2005 Dodge Dakota 4x4 Pick-up Truck for use by the Building and Codes Department from Genesee Truck Sales in accordance with New York State Contract No.: PC60922 for an amount not to exceed $17,463 to be paid for from funds budgeted in 2005, from Account No.: 001-3620-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Budget Officer, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 839 th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION DESIGNATING QUEENSBURY TOWN BOARD AS LEAD AGENCY AND ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING MAIN STREET CONNECTOR ROAD PROJECT PIN NO.: 1756.69 RESOLUTION NO.: 58, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan (Project) and by Resolution No.: 85.2003, also authorized engagement of Barton for the design of the Main Street Connector Road, and WHEREAS, by Resolution No.: 298, 2004, the Town Board authorized engagement of Barton for the provision of engineering services in connection with implementation of the Project in accordance with the Locally Administered, Federal Aid Project process, referred to as Project PIN No.: 1756.69, and WHEREAS, the proposed Project is an unlisted action in accordance with the rules and regulations of the State Environmental Quality Review Act (SEQRA), and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the SEQRA which requires environmental review of certain actions undertaken by local governments and in accordance with the coordinated review procedures of SEQRA, the Town of Queensbury Town Board wishes to be designated as the SEQRA Lead Agency for the proposed Project, and WHEREAS, by Resolution No.: 583,2004, the Town Board indicated its wish to be Lead Agency for SEQRA review of the Project and authorized and directed the Town Clerk and/or Executive Director of Community Development to send a copy of the Short Environmental Assessment Form Part I and certified copy of the Resolution stating the Town Board’s intention to be declared Lead Agency, to any and all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law, and WHEREAS, the Executive Director has advised the Town Board that the communities or agencies were notified as required, and 30 days have passed without any opposition from the involved agencies including, but not limited to the New York State Department of Transportation, New York State Department of Environmental Conservation and New York State Office of Parks, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 840 Recreation and Historic Preservation and therefore, the Town Board may now declare the Town of Queensbury as Lead Agency for environmental determination of significance for this unlisted action, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares that the Town of Queensbury be designated as Lead Agency for the environmental determination of significance for the Main Street Infrastructure and Redevelopment Plan (Project), an unlisted action in accordance with the rules and regulations of the State Environmental Quality Review Act (SEQRA), and BE IT FURTHER, RESOLVED, that upon reviewing the Short Environmental Assessment Form and thoroughly analyzing the Project for potential environmental concerns, the Town Board hereby determines that the Project will not have a significant effect on the environment and a Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed Project 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 and/or Executive Director of Community Development to notify each of the involved agencies that a Negative Declaration has been made and file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None SHORT ENVIRONMENTAL FORM BEFORE VOTE NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? YES C, Could action result in any adverse effects associated with the following: REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 841 C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, NO drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change in use NO or intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be induced by NO the proposed action? NA C6, Long term, short term, cumulative, or other effects not identified in C1-C5? C7, Other impacts (including changes in use of either quantity or type of NA energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH C.T. MALE ASSOCIATES, P.C. FOR PROVISION OF ENGINEERING TECHNICAL SERVICES TO QUEENSBURY TOWN BOARD, PLANNING BOARD AND PLANNING DEPARTMENT RESOLUTION NO.: 59, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 175.2000, the Queensbury Town Board authorized the engagement of C.T. Male Associates, P.C. (C.T. Male) for the provision of engineering technical services to the Town’s Planning Board and Planning Department, and WHEREAS, by Resolution No.: 31,2001, the Queensbury Town Board authorized an th extension of the agreement with C.T. Male through June 30, 2002 and by Resolution No.: th 264,2002, authorized an extension through June 30, 2004, and WHEREAS, the Executive Director of Community Development has advised that C.T. th Male has continued to provide services to the Town since June 30, 2004 and she recommends that the Town Board officially authorize such services, and WHEREAS, the Town Board concurs with the Executive Director’s recommendation and st wishes to authorize an extension of the Town’s Agreement with C.T. Male through December 31, 2005, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 842 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the extension of the Agreement between the Town of Queensbury and C.T. Male Associates, P.C., for continuation of the provision of engineering technical services to the Queensbury Town Board, Queensbury st Planning Board and Community Development Department through December 31, 2005, such Agreement to be in form acceptable to the Town Supervisor, Executive Director of Community Development and Town Counsel, at rates to be set forth in such Agreement, and authorizes and directs the Town Supervisor to sign such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies all services provided to the th Town by C.T. Male since June 30, 2004 as previously delineated in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board and authorizes and directs the Town Supervisor, Budget Officer and/or Executive Director of Community Development to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING ROBERT CLARK AS BUILDING AND CODES ENFORCEMENT OFFICER RESOLUTION NO. 60, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established the position of Building and Code Enforcement Officer and has agreed to hire another Building and Code Enforcement Officer in the Community Development Department, and WHEREAS, the Executive Director of Community Development and/or Director of Building and Codes Enforcement posted availability for the position, reviewed resumes, interviewed interested candidates and have made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 843 RESOLVED, that the Queensbury Town Board hereby appoints Robert Clark to the full- time position of Building and Code Enforcement Officer, an overtime eligible, Grade 5 position st within the Town of Queensbury’s Non-Union Position Grade Schedule, effective January 31, 2005 on a provisional basis until such time as Mr. Clark passes the Civil Service exam for the position and also subject to successful completion of a six (6) 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 Mr. Clark shall be paid an annual salary of $32,000, with a raise to an annual salary of $35,000 upon successful completion of the six (6) month probationary period, passing of all building and code classes and passing the required Civil Service exam, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any necessary action to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING SALARY INCREASE FOR BRUCE FRANK, CODE COMPLIANCE OFFICER RESOLUTION NO. :61 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 257, 2001 the Queensbury Town Board appointed Bruce Frank to the position of Code Compliance Officer and by Resolution No.: 366, 2002 appointed Mr. Frank to the position on a permanent basis, and WHEREAS, the Town’s Executive Director of Community Development has advised the Town Board that Mr. Frank has spent a significant amount of time dealing with public inquiries, working with the Town’s Zoning Board of Appeals, has had the responsibility of meeting with applicants, reviewing applications, writing staff notes and attending meetings and has generally performed his duties above normal expectations, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 844 WHEREAS, the Executive Director has advised that Mr. Frank’s current compensation is low compared to normal industry standardsand therefore the Director has recommended that the Town Board authorize an increase in Mr. Frank’s salary, and WHEREAS, the Town Board believes that an increase in Mr. Frank’s salary is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs an increase in salary for Bruce Frank, Code Compliance Officer, to $37,956 per annum effective Tuesday, th January 25, 2005, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a transfer of funds in the amount of $1,089 from Payroll Contingency Account No.: 001-1990-1002 to Payroll Expense Account No.: 001- 8010-1606 to cover the 2005 payroll budget increase and authorizes and directs the Budget Officer to take any and all action necessary to effectuate this transfer and 2005 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 610,2004 REGARDING SALARY OF DATA COLLECTOR/APPRAISER RESOLUTION NO.: 62, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 576,2004 the Queensbury Town Board authorized the appointment of Ted Bigelow as Data Collector/Appraiser and set Mr. Bigelow’s annual salary at $42,000, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 845 WHEREAS, by Resolution No.: 610,2004 the Queensbury Town Board adopted its 2005 salary and wage schedules and the Data Collector/Appraiser’s 2005 salary was incorrectly listed as $37,539, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 610,2004 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 610,2004 such that the annual salary for the Data Collector/Appraiser for 2005 shall be $42,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 610,2004 in all other respects. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR WILLIAM SHAW RESOLUTION NO.: 63, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, William Shaw, Computer Technology Coordinator, has been out on sick th leave/sick bank leave since August 6, 2004 and Mr. Shaw exhausted all paid leave available to him, including all sick leave bank leave, and WHEREAS, Mr. Shaw requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and Mr. Shaw submitted medical documentation supporting a need for medical leave, and WHEREAS, by Resolution No.: 376,2004, the Town Board granted Mr. Shaw an unpaid th medical leave extending through the earlier of February 6, 2005 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 846 th WHEREAS, by letter dated January 5, 2005, Mr. Shaw has requested a six (6) month extension of his unpaid medical leave and has provided the Town Board with medical documentation supporting such request, and WHEREAS, the Town’s Director of Information Technology and Budget Officer have recommended that the Town Board grant the six (6) month extension of Mr. Shaw’s unpaid medical leave extending through the earlier of: th 1. August 7, 2005; or 2. Certification of his physical qualification for return to work, documented by his physician in form satisfactory to the Town; and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Shaw’s request and the recommendations of the Director of Information Technology and Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants a six (6) month extension of William Shaw’s unpaid medical leave of absence with an effective date of th February 7, 2005 extending through the earlier of: th 1. August 7, 2005; or 2. Certification of his physical qualification for return to work, documented by his physician in form acceptable to the Town; and BE IT FURTHER, RESOLVED, that Mr. Shaw shall provide the Town with a status report from his physician regarding his ability to return to work and must notify the Town Board in writing by th July 7, 2005 of his intention to return to work or request further unpaid medical leave and supply supporting documentation if he wishes to request additional unpaid leave beyond August th 7, 2005, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 847 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Information Technology and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers’ Compensation Benefits. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION CONSENTING TO LEAD AGENCY DESIGNATION AND AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY JOHN DREPS AND EUGENE CERNIGLIA TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 64, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, John Dreps and Eugene Cerniglia have submitted an application to the Queensbury Town Clerk’s Office for rezoning of certain property and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, the Queensbury Town Board forwards all applications for rezoning and zoning amendments to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-020 of the Town Zoning Ordinance, and following such recommendations, the Queensbury Town Board reviews the rezoning applications and takes such other actions as it deems necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to facilitate a five (5) lot commercial subdivision at the subject property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF : John Dreps and Eugene Cerniglia REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 848 TAX MAP NO: : 296.16-1-14; 296.16-1-16.1 and 296.16-1-15 LOCATION OF PROPERTY : East side of Bay Road, North of Cronin Road Queensbury, NY APPLICATION FOR - Rezoning of property from HCInt/PUD to PUD/HC-Int Land swap across zoning boundary to facilitate five (5) lot commercial subdivision and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies of this rezoning application including, but not limited to, the Warren County Planning Board, and BE IT FURTHER, RESOLVED, that upon receiving the Queensbury Planning Board’s recommendation, the Town Board will set a public hearing on this rezoning application. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN-HAMILTON COUNTIES COMMUNITY ACTION AGENCY FOR PROVISION OF ENERGY AUDITS RELATING TO NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL (DHCR) HOME HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 65, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 the Town was subsequently awarded a grant in the amount of $400,000, and WHEREAS, by Resolution No.: 526,2004 the Queensbury Town Board authorized acceptance of such grant funds, such funds to be used for the HOME Housing Rehabilitation Program for owner-occupied housing in a target area comprised of South Queensbury and West Glens Falls, and REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 849 WHEREAS, it is the intent of the Town’s approved HOME program to fully utilize Weatherization Assistance Program funds to address the energy conservation needs of selected properties, and WHEREAS, the Town’s application for funding outlined a Program of Assistance which included a cooperative effort with the Warren-Hamilton Counties Communities Action Agency (Agency) and the Town’s Program envisioned a cooperative effort in which the Agency would provide energy audits for homes being assisted with HOME funds as well as provide weatherization assistance to such homes utilizing Weatherization Assistance Program funds, and WHEREAS, the Agency has proposed to complete each energy audit for an amount not to exceed $250 per audit as set forth in the proposed Agreement between the Town and the Agency presented at this meeting, and WHEREAS, consistent with the terms of the Agreement, only those audits which do not ultimately qualify for Weatherization Assistance Program funds will be charged to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town of Queensbury and Warren-Hamilton Counties Community Action Agency for the Agency’s provision of energy audits as delineated in the preambles of this Resolution, for a cost not to exceed $250 per audit, up to 22 audits, for a total not to exceed $5,500 and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that payment for such audits shall be made upon the Town’s receipt of properly completed Town voucher(s), any other required Town documentation, and any documentation pertaining to State and/or Federal requirements of the HOME Program, such payment(s) to be paid for from account(s) previously established in connection with the Town’s receipt of $400,000 in grant funds and as to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Executive Director of Community Development, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 850 RESOLUTION AUTHORIZING CONTRACT WITH LAKE GEORGE VILLAGE FOR “THE CONNECTION” STUDENT EMPLOYMENT CENTER RESOLUTION NO. 66, 2005 MOTION WITHDRAWN INTRODUCED BY: MR TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. DANIEL STEC DISCUSSION HELD Discussion held among board members regarding this program. It was the decision of the Town Board to pull this resolution. Supervisor Stec to contact Mayor Blais and ask him to speak to the board at a Workshop regarding this program. RESOLUTION AUTHORIZING CONTRACT WITH LOWER ADIRONDACK REGIONAL ARTS COUNCIL (LARAC) RESOLUTION NO.: 66, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to contract with the Lower Adirondack Regional Arts Council (LARAC) for the year 2005, and WHEREAS, a proposed 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 of the Agreement between the Town and the Lower Adirondack Regional Arts Council (LARAC) substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO. 67, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 851 SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Theatre Festival presents numerous performances and events annually in the Town of Queensbury and the City of Glens Falls, thereby promoting the cultural development of the community, and WHEREAS, the Queensbury Town Board wishes to enter into an agreement with the Adirondack Theatre Festival for the year 2005 for the promotion of performances and events to Town residents, and WHEREAS, a proposed 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 Agreement between the Town and the Adirondack Theatre Festival substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CHAPMAN MUSEUM RESOLUTION NO.: 68, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Chapman Historical Museum, and WHEREAS, a proposed 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 of the Agreement between the Town and the Chapman Historical Museum substantially in the form presented at this meeting REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 852 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SYMPHONY ORCHESTRA, INC. RESOLUTION NO.: 69, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Glens Falls Symphony Orchestra, Inc., (Symphony) helps to promote the cultural development of the community, attracts many persons to the Queensbury area and provides an economic boon to the community, and WHEREAS, the Town of Queensbury therefore wishes to enter into an Agreement with the Symphony for the year 2005 and a proposed Agreement in form approved by Town Counsel has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Glens Falls Symphony Orchestra, Inc., helps promote cultural development in the Town of Queensbury and hereby approves of the Agreement between the Town of Queensbury and the Glens Falls Symphony Orchestra, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement as modified in a form that is acceptable to Town Supervisor and Town Counsel with funding to be paid for from the appropriate Town Account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 853 DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Noted his concern with the contract if it rains and they cancel they would still get paid noting he does not want this to happen again. ATTORNEY HAFNER-Add the language from last years contract requiring the provision of service or do not get paid. In the last resolve change it to read to execute the agreement as modified in a form acceptable to Town Supervisor and Town Counsel. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND HYDE COLLECTION RESOLUTION NO. 70, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Hyde Collection, and WHEREAS, a proposed 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 of the Agreement between the Town and the Hyde Collection substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACT TO PROVIDE FUNDING TO LOCAL COMMITTEE ORGANIZING THE NEW YORK STATE HIGH SCHOOL BASKETBALL CHAMPIONSHIPS RESOLUTION NO.: 71, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 854 WHEREAS, the Town of Queensbury wishes to providing funding to the local committee organizing the New York State High School Basketball Championships for the year 2005 to be held in Glens Falls in March, 2005, and WHEREAS, a proposed Agreement providing for such funds has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the local committee organizing the New York State High School Basketball Championships substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACT WITH SARATOGA MUSICAL UNION RESOLUTION NO.: 72, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury wishes to contract with the Saratoga Musical Union for the year 2005, and WHEREAS, a proposed 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 of the Agreement between the Town and the Saratoga Musical Union substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 855 NOES : None ABSENT: None RESOLUTION AUTHORIZING CONTRACT WITH WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO. 73, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury wishes to contract with the World Awareness Children's Museum for the year 2005, and WHEREAS, a proposed 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 of the Agreement between the Town and the World Awareness Children’s Museum and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: NOne RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 74, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 856 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: ACCOUNTING FROM: TO: $ AMOUNT: 134-8020-2899 134-8020-4400 87,912. (Capital Const.) (Misc. Cont.) th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH, ABSTRACT OF JANUARY 192005 RESOLUTION NO.: 75, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thth the Abstract with a run date of January 19, 2005 and a payment date of January 25, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run thth date of January 19, 2005 and payment date of January 25, 2005 numbering 25-012500 through 25-034200 and totaling $968,657.35, and BE IT FURTHER, 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 24 day of January, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 857 RESOLUTION AMENDING RESOLUTION NO.: 610,2004 REGARDING DEPUTY COURT CLERK RESOLUTION NO.: 76, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 9,2005 the Queensbury Town Board appointed its Justice Clerks and Deputy Court Clerk, and WHEREAS, the Deputy Court Clerk is a Grade 4, overtime eligible position, with a minimum salary of $23,999, and WHEREAS, by Resolution No.: 610,2004 the Queensbury Town Board adopted its 2005 salary and wage schedules and the Deputy Court Clerk position was incorrectly referred to as a “Court Clerk” Grade 5, overtime exempt position with a salary of $21,840, and WHEREAS, the Town Board wishes to therefore amend Resolution No. 610,2004 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 610,2004 such that the specific Court Clerk position which had a listed salary of $21,840, shall be referred to as “Deputy Court Clerk,” a Grade 4, overtime eligible position, with a 2005 annual salary of $24,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 610,2004 in all other respects. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION REAPPOINTING JACK LA BOMBARD TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 77, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 858 SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, the term of Recreation Commission member Jack LaBombard recently expired and Mr. LaBombard wishes to be reappointed to the Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Jack LaBombard to serve as a member of the Town of Queensbury Recreation Commission until such term expires on st December 31, 2009. th Duly adopted this 24 day of January, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None ATTORNEY MATTERS TOWN COUNSEL, HAFNER-Met with QEDC last Friday talked with Attorney’s to meet with them Wednesday will have both meetings next week will answer questions regarding this at the next Workshop. SUPERVISOR STEC-Will need a brief Attorney/Client Privilege Meeting after this meeting. Thanked TV 8 and Glens Falls National Bank for making the televised meetings possible. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 78, 2005 INTRODUCED BY: Mr. John Strough WHO MOVE FOR ITS ADOPTION RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 24 day of January, 2005, 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, REGULAR TOWN BOARD MEETING 01-24-2005 MTG# 3 859 Darleen M. Dougher Town Clerk Town of Queensbury