Loading...
2004-04-05 MTG16 REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 504 REGULAR TOWN BOARD MEETING MTG#16 TH APRIL 5, 2004 RES#185-204 7:05 P.M. B.H. 7-8 L.L. 2, 04 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY WASTEWATER DIRECTOR, MIKE SHAW DIRECTOR BUILDING & CODES, DAVE HATIN BUDGET OFFICER, JENNIFER SWITZER 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. 185, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 5 day of April, 2004, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 505 SEWAGE DISPOSAL VARIANCE APPLICATION – STEVE & DEBBY SEABOYER STEVE SEABOYER AND TOM CENTER, NACE ENGINEERING PRESENT NOTICE SHOWN MR. CENTER-The project that we’re proposing is to install twenty-eight linear feet of Eljen system to replace an existing holding tank that the resident currently uses. We meet all the setbacks except for the setback from the lake. We’re looking for approximately seventeen feet of relief from the lake. Our only setback that is at the narrowest point, which is up actually not in the drainage flow path out towards the lake, the overland flow goes out towards the boathouse and out that way where we have larger separation. We’ve got details for an infiltration trench along the road to collect storm water that comes off from the road in the direction that now normally would drain over this area where the new leach field would be. This is currently a two bedroom camp the Seaboyer’s are going to maintain it as a two bedroom house they would like to be able to live there year round, currently they have to pump the tank out often. What they are looking to do is replace the holding system with a septic system. The soils have native loamy sand and fine sand with a good perk rate of four minutes thirty seconds. That’s the project in a nutshell if there are any questions. I know there was a question in regards to the gallons per bedroom; I had the opportunity to talk to Mr. Nice the hundred and ten gallons per bedroom comes with the change of water saving fixtures that we will be installing in the house. Mr. Hatin might be able to enlighten further on where that code comes from. I know it’s within the individual residential handbook that when you replace the fixtures with water saving fixture it brings you to a hundred and ten gallons per bedroom, which for this residence would equal two hundred and twenty gallons total. SPERVISOR STEC-Questions from the board for the applicant before we open the public hearing? COUNCILMAN TURNER-I’ve got a question. Mr. Seaboyer how long have you owned the house? MR. SEABOYER-Approximately three years. COUNCILMAN TURNER-Always a holding tank there, were there holding tanks there when you moved there? MR. SEABOYER-Yes, sir. COUNCILMAN TURNER-Why wouldn’t you fit another holding tank in there to get rid of the excess sewage rather going through this, not meeting the setback from the lake? It just seems like it’s kind of in the wrong place. That’s real bad up there everything is so close. You are close to the road, close to your neighbor. The other question is how about the wells? You have nothing on here about the wells except to say that no wells were observed in any adjacent property, do you know that for a fact? MR. CENTER-I walked the area I believe everyone takes their water from the lake in that area. COUNCILMAN TURNER-Are we sure of that for sure, we’re not are we? REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 506 MR. CENTER-Absolutely positive, no. A septic system was located just to the property to the north of ours. I had a chance to review that there was no wells located or anything for that one. That one is for a three-bedroom system and the soil they are actually built on till and the soil is worse for that system. To the north of us we have a little bit better soil in this property. We sit lower than the new system that would up above us. I walked the area I believe, I talked to one or two of the neighbors on either side and they didn’t have any wells. Looked for visual wells couldn’t find any. I was also told that the water in that area has sulfur, people that have drilled wells have hit sulfur water so it was my understanding that pretty much everyone on that point pulled from the lake. COUNCILMAN STROUGH-Your flow rate is two hundred and twenty gallons per minute. MR. CENTER-Yes, sir. COUNCILMAN STROUGH-Town Code 136, table four, for a two bedroom house has a flow rate of three hundred gallons per day and a trench length of a hundred and twenty five linear feet, which correlates to thirty eight feet if you use the Eljen system where as, you are only proposing twenty eight feet. New York State Department of Health has a minimum and maximum and it runs between two sixty and three hundred gallons per day flow it is suggested infiltration bed lengths of a hundred and five to a hundred and twenty five feet. All of which would seem that the length of the Eljen system being proposed is somewhat inadequate for this house according to the DOH and according to our Town Code. MR. CENTER-To answer that the Department of Health for water saving fixtures allows two hundred and twenty gallons per minute or a hundred and ten gallons per bedroom. I would have to defer to Mr. Hatin as far as the Town Code in regards to that aspect. I was under the understanding that a hundred and ten gallons per bedroom with new water saving fixtures is allowed; I’m not familiar with what you are proposing. DIRECTOR OF BUILDING & CODES, MR. HATIN-Tom is right John, remember the red book we held up a couple of weeks ago at a workshop the red book? COUNCILMAN STROUGH-Did we get a copy of that? DIRECTOR OF BUILDING & CODES, MR. HATIN-No, I’ve got one in my office, but I can get you one. That’s what Mike handed you that night in the workshop. The red book, which is an updated Manuel updated in 1996 allows for a hundred and ten gallons a day per bedroom on water saving fixtures for anything 1991 and newer so that’s where they are getting the flows. If they change all the fixtures in the house that they are proposing they can take advantage of that hundred and ten gallons per day. COUNCILMAN STROUGH-You can confirm this what they are proposing would be the absolute minimum. DIRECTOR OF BUILDING & CODES, MR. HATIN-Right, which is all the code requires. COUNCILMAN STROUGH-Also, if I look at Code 136, Appendix F, it says sub- surface conditions shall be determined by digging a hole five feet deeper than the REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 507 anticipated depth of the proposed leaching facility, five feet deeper. What’s the depth of the leaching facility below surface? MR. CENTER-The depth of the leaching facility actually it’s right at the surface and we’re at sixty inches. The bottom of the leaching facility would be at the existing grade and we went down fifty-six inches plus or minus from the hole that we dug. So we’re four inches off on the test pit from where the bottom of the Eljen system would sit. The system is a shallow system it will be sitting at grade and there is fill that will be coming in. As it is the fill slopes down we will be putting a retaining wall up and around and bringing in fill up to this level. If you look at the cross section on drawing number two, which shows that so, sixty inches, five feet, I’m off four inches from where we are. COUNCILMAN STROUGH-Did you hit bedrock at fifty-six? MR. CENTER-What’s that? COUNCILMAN STROUGH-Did you hit bedrock? MR. CENTER-No, sir there was no bedrock observed in the test hole. COUNCILMAN STROUGH-Alright and you experienced modeling at three feet? MR. CENTER-Yes, sir. COUNCILMAN STROUGH-That’s the absolute minimum because if you look at Town Code 136, Appendix B, it says, seasonal high groundwater within one thousand feet of Lake George a minimum is three feet and you are at the bare minimum. MR. CENTER-Yes, sir. COUNCILMAN STROUGH-So you are at the bare minimum as far as depth to the water. You are at the minimum as far as the size of the proposed Eljen leaching bed. MR. CENTER-Yes, sir. COUNCILMAN STROUGH-And we have yet to get confirmation from the neighbors if they do in fact have wells or not, as pointed out by Mr. Turner. Okay, well, I’m not fully sold on this yet, but I’ll let somebody else talk if they want to talk. SUPERVISOR STEC-Any other questions from the board before we open the public hearing? COUNCILMAN BOOR-Just a couple. You’ve been here three years Mr. Seaboyer? MR. SEABOYER-That’s correct. COUNCILMAN BOOR-And you have a holding tank presently? MR. SEABOYER-That’s correct. COUNCILMAN BOOR-How often do you have that pumped? REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 508 MR. SEABOYER-Every six weeks or so. COUNCILMAN BOOR-And you are using this seasonally now? MR. SEABOYER-That’s correct, yes. We do use it year round, but it’s not everyday. COUNCILMAN BOOR-I’m probably the toughest on these as I’m sure your Engineer has said we’ve had some other applications. As you probably read in the paper the North Queensbury Sewer is highly unlikely at this point and time that it will be done for a lot of reasons we don’t have time to talk about them tonight. The reason we’re in that situation of needing sewers because we’ve essentially over developed you know you can get arguments one way or the other on that. People say no you can’t over develop, others say, yes we have. Where, I’m going with this is that I’m not convinced at this point and time that this is the most appropriate way to go. I’m totally opposed to it. I think Mr. Turner brought up a good point as far as the wells. You are at bare minimum, which is understandably it’s a minimum it’s legal; you know you are just at the lowest portion of threshold. However, you are seeking twenty percent relief from your distance from the lake. You’ve admitted or you believe your neighbors draw their water from the lake and that they don’t have wells so it creates an interesting conundrum. At this point, I would be reluctant to move this forward. I’m not totally opposed to it, but I’m not really comfortable with it either, which is probably not any kind of advice that you can take and do anything with. I’m just speaking out loud right now certainly two of my other colleagues had some issues; which I think are valid and I have some concerns, and I’m just going to wait probably until public comment, and maybe any other board comments and think about it. COUNCILMAN STROUGH-What is the size of your holding tank right now? MR. SEABOYER-One thousand gallon. COUNCILMAN STROUGH-On thousand gallon. The reason why we have this infiltration trench along the road is to prevent runoff from the road and from the lawn going into the leaching field, is that correct? MR. CENTER-The location of the infiltration trench is the furthest location we could get away from the lake. The in-between the existing asphalt paved areas use the existing space that is there the preexisting green space that’s there. COUNCILMAN STROUGH-My point that I was getting at is since the leach field is down slope from the road rain runoff will tend to go into your leach field. MR. CENTER-That’s why we have an infiltration trench located uphill. COUNCILMAN STROUGH-That’s why you have an infiltration trench, but as the road gets sanded and plowed and the sand plugs up the infiltration trench then the runoff will go right into the leach field. MR. CENTER-We’ve humped up the leach field it has a crown to it, which in turn will take the water from down any water that backs up in here will eventually go down the asphalt driveway and down around it won’t go up and over. The crown of the leach field if you look on the detailed sheet will take the water around and over to that asphalt driveway and down. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 509 COUNCILMAN BREWER-Down where? MR. CENTER-It will go towards the lake and across the grass as it does now. COUNCILMAN BREWER-It will be contained on your property? MR. CENTER-Yes, it will stay on this property both driveways are…. COUNCILMAN STROUGH-Once it hits the asphalt driveway it’s going to tend to go south, right the flow? MR. CENTER-It will go to the west. COUNCILMAN BOOR-Actually east, yeah west. COUNCILMAN STROUGH-What kind of storm water devices do you have to make sure and assure that the drainage does flow towards the lake and not on somebody’s property? MR. CENTER-It will follow the natural path. It’s not going to go uphill the actual next piece of property is higher as you down this road it goes up. This person to the north sits higher so we’re actually kind of at the lowest point the water travels down and across actually only half of this road comes across onto the property. COUNCILMAN BREWER-Where that starts is three, three, five the property line the next property is three thirty seven. COUNCILMAN STROUGH-That’s south of the property. You are saying that the flow…. MR. CENTER-This house actually sits higher. If the topo were to show further up this house actually sits higher than this driveway. There is a little hill here that starts right where those three trees are. COUNCILMAN STROUGH-That’s north. MR. CENTER-To the north, yes. COUNCILMAN STROUGH-My point is that the road is about three hundred and thirty eight feet. The leach field you are proposing is between three thirty five and three thirty six… MR. CENTER-No, sir the top of the leach field is three thirty-seven point eighty five. COUNCILMAN STROUGH-The bottom of the leach field will be between three thirty five and three thirty six. MR. CENTER-Yes. COUNCILMAN STROUGH-Which still has a tendency if that drainage system gets plugged up it’s still going to tend to absorb some runoff maybe a minimum. MR. CENTER-If any. If that gets plugged up and it needs to travel somewhere it will travel down because our system has a crest to it so it’s going to follow the path of least resistance. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 510 COUNCILMAN STROUGH-I know that the bottom of your system is also part of your infiltration system. MR. CENTER-That’s correct, but if the water can’t get through the infiltration trench to the septic system. COUNCILMAN STROUGH-If that gets saturated then the infiltration is not going to work that’s just a concern and to me it’s one of my smallest, thank you. SUPERVISOR STEC-Anything else? COUNCILMAN BOOR-I have one other one. I guess I’ll start with Dave. Eljen systems are they considered pervious? When we look at percentage of impervious types of structures on a property is an Eljen system considered pervious or impervious? DIRECTOR OF BUILDING & CODES, MR. HATIN-Pervious. COUNCILMAN BOOR-So it’s allowed to have stuff flow on to it. DIRECTOR OF BUILDING & CODES, MR. HATIN-It’s designed to take a certain amount of rainwater, I guess you would say from natural source. COUNCILMAN BOOR-I guess what I’m getting at is when I look at this parcel it’s all asphalt, and roof, and deck, and concrete. We’re talking about channeling this water I don’t know where it ever gets to go into soil to be cleaned…. MR. CENTER-The water that comes off the house? COUNCILMAN BOOR-The water that comes off the road, off of your thing next to the road that runs down the driveway. MR. CENTER-It’s only half of the road actually this infiltration trench is designed to take the whole road so it’s larger than it needs to be for that area. COUNCILMAN BOOR-I think that’s my point. You are taking all the runoff from the road and you are putting it on your property that has very little capability of draining or cleaning water. MR. CENTER-It currently goes across that grass right now towards the house. COUNCILMAN BOOR-I know. MR. CENTER-In that same area. COUNCILMAN BOOR-Exactly and now that’s where you are putting your leach field. MR. CENTER-We are protecting a leach field from the storm water. COUNCILMAN BOOR-So we can subtract that from the amount of area that will now be able to handle runoff. It’s one or the other it can’t be both. MR. CENTER-We’ve provided it in a different area as opposed to just going across the grass. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 511 COUNCILMAN BOOR-You can’t do that anymore. MR. CENTER-That’s not doing that it’s now going into a smaller area and being held to detain into the ground. COUNCILMAN BOOR-It is accelerated towards the lake at a greater quantity. Before it could use this area that you are going to put the leach field in to directly go from the road where the leach field is. Now, you are not letting it go there you are making it go north and then down the driveway to the lake. MR. CENTER-Only if as Mr. Strough said if when that happens the sand fills up the infiltration trench, which they may or may not happen for twenty, thirty, forty years it’s very tough to…. COUNCILMAN BOOR-If it doesn’t fill up where does the water from the infiltration trench go? MR. CENTER-Down into the ground where the percolation rate… COUNCILMAN BOOR-Into your leach field, correct? MR. CENTER-It goes down into the ground similar to as it does now. It’s outside the leach field it’s before it gets to the leach field. COUNCILMAN BOOR-Is it an elevation higher than the leach field or lower than the leach field the drainage trench? MR. CENTER-It would be… COUNCILMAN BOOR-Higher. So it is only natural that it would run downhill water typically runs downhill. I would assume it is going to go into your leach field at maybe the fifty-six inch depth that you are talking, the bottom of this thing will be, is that reasonable or no? MR. CENTER-It’s fine well-drained soil. COUNCILMAN BOOR-I don’t mean to be arguing with you. MR. CENTER-We checked the soil it is fine well-drained soil. It has to go somewhere as opposed to putting a grass swale in there and taking it down and accelerating it towards the lake it was decided to put the trench here and detain it so that it has an opportunity to flow. It is a very minimal amount of water that comes off the road because it is half the road and we’ve sized it for larger than that. If that’s a concern we can go back to putting a grass swale in here and allow it to go down to the asphalt and then we can move that infiltration trench down at the end of the driveway and hold it up there and allow it to perk into the ground there so it’s not going directly into the lake. There is not enough flow to warrant a drywell and there is the location since the board has looked at storm water so closely that’s why I put the infiltration trench here. If you feel that it’s a concern with storm water possibly getting into the Eljen system we can provide a swale there and provide the infiltration area down at the end of the driveway. COUNCILMAN BOOR-One other thing you’ve got two asphalt drives are there two driveways to this property? REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 512 MR. CENTER-Yes, sir. MR. SEABOYER-One thing you should know is we’re very concerned, as you are, about conservation storm water management is important to us as well. I believe that this is going to give us better storm water management then we have now. The front lawn to this property drops off about five feet from the road level down to the entrance to the house hence the retaining wall that would build this up to nearly road level with a new bed of well graded and drained material for the Eljen system. So the drainage trench I didn’t look at this closely enough I’m sorry to say, I believe exits before it gets to the driveway Tom is that correct? MR. CENTER-It would actually exit out…. MR. SEABOYER-It goes in that direction. There is no way that the drainage from the road is going to make it on to our neighbor’s property. There is a twenty five to thirty foot stretch of grass and plants that all of our storm water runs through before it gets to the lake. I’ve never seen any turbid water entering the lake through the entrance pipe. The other thing that you we’re concerned about and we’re glad it’s going to be a part of this is the new appliances in the house that will definitely cut down on the amount of water that will enter into any wastewater disposal system that is installed or that is there currently for that matter. What, we want you to know we certainly appreciate your concerns about all of this and I know this is a sensitive area up there in Rockhurst, but we’re really looking forward to being full-time residents up there within a few years this is an important part of the step toward that. I just wanted to address some of your thoughts and let you know that some of your concerns are mine, too. SUPERVISOR STEC-With that said, I’ll open the public hearing. Any residents that would like to comment for or against or ask questions regarding this variance for setback for the proposed septic system located up on Rockhurst please raise your hand, step forward, Mr. Salvador. If you all would just have a seat nearby and yield the microphone to the public. PUBLIC HEARING OPENED MR. JOHN SALVADOR-Good evening, thank you, my name is John Salvador. Firstly, I think it is improper to consider the area of any leaching device as impermeable. SUPERVISOR STEC-He didn’t he said it was permeable. MR. SALVADOR-It was, excuse me that it is permeable. Fully a major portion of wastewater passing through an infiltration device leaves it through a phenomenon called evapo-transportation it goes up that’s why the grass is green over the leach field. To consider that as pervious just dampens that phenomena and I don’t think it’s a fair consideration. Dave Hatin mentioned that all fixtures would be converted to low flow what does that include? DIRECTOR OF BUILDING & CODES, MR. HATIN-Sinks, faucets, toilets, showerheads. MR. SALVADOR-Washing machines? DIRECTOR OF BUILDING & CODES, MR. HATIN-Washing machines do not have low flow fixtures. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 513 MR. SALVADOR-Dishwashers? DIRECTOR OF BUILDING & CODES, MR. HATIN-They do not have low flow fixtures either. MR. SALVADOR-Jacuzzi’s? DIRECTOR OF BUILDING & CODES, MR. HATIN-I don’t believe they have a Jacuzzi in this residence. MR. SALVADOR-Someday the Jacuzzi is going to be just standard fair. I would like to share with you on the subject of the number of bedrooms. We tend to be very laissez faire in this regard. I would like to share with you a statement in the Town Code from the Town of Lake George, which is subject to the same public health code that this Town is the same DEC regulations. This is how they address the issue of bedrooms. Present and future possible usage of the disposal system shall be considered when estimating sewage flow. The design method shall use the number of bedrooms with at least two persons per bedroom. If more than two persons occupy a bedroom or if a sleeping porch, den, or recreation room maybe used for additional occupancy these factors shall be taken into consideration in designing the system. Expansion attics may provide for one or more bedrooms and shall be calculated accordingly. I think you have to take a look at the potential of this dwelling and I’m not familiar at all with the design of it the layout; if it may accommodate additional occupancy it should be considered in the design. Finally, I would like to read a paragraph from public health code as it addresses use of alternate systems. Alternate designs as showed herein maybe considered by the local health department on a limited experimental basis or for replacement systems on difficult sites. Incidentally, I don’t think there is any sign of failure of this system is there, we’re not experiencing failure so we don’t have a pollution problem? DIRECTOR OF BUILDING & CODES, MR. HATIN-The applicant can answer that, but to my knowledge, no. MR. SALVADOR-Performance monitoring of these systems should be required. It’s one thing to design a system, put it in, you figure its going to work, but the health code is recommending for alternate systems that some form of monitoring be in place to be sure that we’re achieving what we’re trying to do. I would recommend that it be done here also, thank you. SUPERVISOR STEC-Would anyone like to speak for or against, ask questions yes, Mr. Naylor. PAUL NAYLOR-I’ve known Mr. Seaboyer for over twenty years. He’s a true gentlemen and he would do nothing to hurt the property that he owns. I hear you talking about drainage coming off the road that’s your problem not his you are suppose to take care of the drainage if he has a problem with your water that’s your fault not his, thank you. SUPERVISOR STEC-Would anyone else like to speak from the public regarding this variance anyone at all don’t be shy? With that would the applicants please come back to the microphone we kind of got a little ahead of ourselves normally we would ask more questions who knows maybe there are a lot more questions. Town Board any additional questions or comments. There was a question asked by REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 514 Mr. Salvador are you or are you not in a failure mode right now with your holding tank? MR. SEABOYER-No, we’re not in a failure mode. I had one other thing that I neglected to say before. While Mr. Turner brings up a good question I can’t give you an affidavit that there are no wells within our area. I could virtually guarantee, but not actually guarantee that there are no wells. We have been in touch with our neighbors around the area I have a couple of letters from them from some of immediate neighbors who have no problem at all with this proposed plan. SUPERVISOR STEC-Are they part of the file? MR. SEABOYER-No, I have them with me. SUPERVISOR STEC-You don’t have them with you? MR. SEABOYER-I do. SUPERVISOR STEC-That would be useful. MR. SEABOYER-Yeah, sure. SUPERVISOR STEC-If you could give them to the Clerk and we will probably ask her to read them into the record towards the end that’s helpful feedback. Your neighbors are the most immediately impacted people generally in these variance hearings we take the neighbors, especially the immediate neighbors concerns to heart. MR. SEABOYER-One is right next-door and the other party is three houses away from us. We all get along they know that we have been anticipating moving up there on a full time basis. SUPERVISOR STEC-Just for purpose of clarification for the board and the public neither you nor your agent Mr. Center are aware of any wells. In good faith you did the best you could…. MR. CENTER-I walked both sides within the hundred-foot radius of the house looking for a sign of wells on either side. I looked for pipes going out I was able to see pipes going out to the lake signifying that they draw in lake water to know that absolutely positively that they don’t have a well, no. When we started some of this work people had left for the season. Again, going on this reviewing the actual design I had an opportunity to look at the design for the house next to us, which to the north was allowed a variance I believe their setback was ninety feet. There soil was actually on top of dense till that had a forty-five minute perk rate. After looking at that and seeing how that variance went and that they were allowed to get the variance I preceded to do this because our soil is very well drained material. Even though we are at the minimums we still have good, modeling is an indication of possible high ground water at some point in time, but again this time of year you may be able to find actual groundwater and measure it to that level and determine if its at thirty six or if its actually lower than thirty six. COUNCILMAN STROUGH-What time of the year did you do the perk rate test? MR. CENTER-The perk test was in December. The deep test pit was in August, I’m sorry February of this year I did a perk test. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 515 COUNCILMAN BOOR-You did a perk test in February? MR. CENTER-Yes, sir. I dug below the frost and did the test there. It’s normal I was outside of the frost area it says on the date. COUNCILMAN BOOR-I’m surprised you could get water in February. MR. CENTER-I carried water in. COUNCILMAN BOOR-I mean, I’m surprised you didn’t carry ice in. SUPERVISOR STEC-Town Board any other questions for the applicant? COUNCILMAN BOOR-What is the elevation of the lake. SUPERVISOR STEC-You had to ask that question. COUNCILMAN BOOR-You give two elevations here then I have no idea. COUNCILMAN BREWER-Three nineteen point four seven. COUNCILMAN STROUGH-That’s the average. COUNCILMAN BOOR-What is it? COUNCILMAN BREWER-Three nineteen point four seven you didn’t think I knew that did you Roger. SUPERVISOR STEC-I’m impressed it’s not even your Ward. COUNCILMAN BREWER-It’s on the map. COUNCILMAN BOOR-You have a thirty percent drop from the deck to the lake. If you are at three thirty seven and it goes to three nineteen? MR. CENTER-That finish flow elevation is the finish floor of the garage. The finish floor of the house is three thirty four sixteen closer to the northeast corner, do you see the finish floor elevation there? COUNCILMAN BOOR-You are dropping fifteen feet then from the lake. MR. CENTER-The basement has a walkout basement to that lower deck area. COUNCILMAN BOOR-I guess going back to what Mr. Salvador said I tend to think with Eljen evaporation is why these things work. I don’t consider it permeable, I don’t think you should flood Eljen systems with storm water runoff. If correctly or incorrectly, I take that for granted and say that this should not be flooded you’ve got like sixty to seventy percent of this property in concrete, and wood, and asphalt, I mean is that a fair assessment. MR. CENTER-That’s correct. I haven’t done the calculations, but there is…. COUNCILMAN BOOR-That’s a concern where is the water suppose to go? MR. CENTER-The storm water from the road? REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 516 COUNCILMAN BOOR-Any water. MR. CENTER-The water from the driveways the north driveway obviously goes straight down towards the lake. The water from the asphalt driveway here pitches back and comes down into a grass area on the south side of the house. Then the house itself has a roof drain that takes the water towards the west side of the house and then they spread out across the grass. COUNCILMAN BOOR-It drops down to fifteen feet to the lake essentially, right? MR. CENTER-Right. COUNCILMAN BOOR-It all goes to the lake. I guess I just have a problem with the property’s ability to accept water until it gets within twenty feet of the lake. There is no place for water to get down until it gets within twenty feet of the lake then it has a fifteen foot pitch to the lake. Now, I haven’t been to the property and I should go up there and I plan on doing it. When I look at this I look at the elevations the numbers and the overview that’s what it looks like to me. MR. CENTER-The Eljen is east of the house draining down into the existing ground where the actual path of the water is it’s assumed down that’s how the Department of Health calculates the area of absorption. To say it goes left, right, you know where the exact flow separation distance. COUNCILMAN BOOR-I tend to think everything runs to the lake. MR. SEABOYER-There is a retaining wall at the lake it’s about eight feet high. COUNCILMAN BOOR-Eight feet above water or eight feet above ground? MR. SEABOYER-Above water. COUNCILMAN BOOR-Okay. MR. SEABOYER-That takes eight of your fifteen feet of the fifteen feet drop out of it. It’s really a reasonably gradual drop from the front lawn from the entrance to the home down to the top of the wall if you will. You are absolutely correct if it didn’t have that wall there it would be a pretty severe grade all the way down. COUNCILMAN BREWER-What, may I ask, made you come in to get this variance? If your system is working now we would of walked away from here you could use your existing system what provoked you to get this? You just want to upgrade the property I presume. MR. SEABOYER-Upgrade the entire system, yes. COUNCILMAN BREWER-I think we have to keep in mind that if you were to walk away from here tonight and we denied this variance you could use the existing system he has now. COUNCILMAN BOOR-And there would be no pollution to the lake whatsoever because it is a holding tank. COUNCILMAN BREWER-Right. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 517 COUNCILMAN BOOR-That’s what makes it difficult. If you had a failing septic system this would be a no-brainer, but you don’t. You’ve got a holding tank which virtually doesn’t allow any contaminants to get to the lake whatsoever so you are really asking us to say…. COUNCILMAN BREWER-You’re not putting it into the ground now you are asking us to allow you to put it into the ground. COUNCILMAN BOOR-That’s the troublesome part. SUPERVISOR STEC-That was the question I was going to close with was the impetus to move from a holding tank that is working. MR. SEABOYER-It’s just a maintenance aspect. SUPERVISOR STEC-How often just give me a flavor for…. MR. SEABOYER-Every six weeks. COUNCILMAN BOOR-That’s without the water saving fixtures. MR. SEABOYER-That’s correct and that’s when I’m not up there all the time. MR. CENTER-That’s summer use. SUPERVISOR STEC-That’s your summer use every six weeks. Between increase usage and reduced water flow it’s safe to say it’s probably going to be right around; it probably won’t change significantly from six weeks, it may go four weeks, it may go eight weeks, but you are looking at about every six weeks. Mr. Hatin do you have anything to add to the discussion? COUNCILMAN BREWER-How much does an Eljen system cost, ballpark? COUNCILMAN BOOR-That varies on the size. MR. CENTER-I haven’t got prices for the wall and the fill and everything. COUNCILMAN BREWER-If you had to guess? SUPERVISOR STEC-I’m not sure that’s really our business. The point of question is to provoke thought is how much are you gaining by getting away from the tank. MR. SEABOYER-The pump out is about two hundred dollars a month, per shot. SUPERVISOR STEC-I’ll jump in and just say, I think that the board hit the nail on the head that these are a lot easier if you have a failing system all systems fail eventually that’s understood. We have encouraged people in situations that were requesting variances and had failing systems to go to a tank system. I also recognize that eighty two feet it’s all relative we’ve approved variances for a lot less clearance not to say that every situation is unique so we don’t necessarily say that there would be a precedent set here. We’ve approved less distance before, but I think the driving factor is that you have a system that is working. Yes, it’s an inconvenience and a maintenance cost to pump it every so often, but right now you are not putting anything into the lake. That’s what I’m hearing the board saying is REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 518 their main concern; I think it’s a good one. Are there any other questions or discussions from the board before I ask the applicant if they have anything else? COUNCILMAN BOOR-I would just say if you don’t mind I would like to visit your property to take a look at it. MR. SEABOYER-Oh, absolutely. COUNCILMAN STROUGH-What is the square foot of the house and the garage the building? MR. SEABOYER-About eighteen hundred and the garage you say? COUNCILMAN STROUGH-Yeah, the building size? SUPERVISOR STEC-Floor area ratio what’s the floor area ratio do you know Dave? MR. SEABOYER-It’s a little more than that then. SUPERVISOR STEC-I heard seventy percent. COUNCILMAN BOOR-That’s impervious that’s with the asphalt, concrete, and deck. COUNCILMAN STROUGH-Your Town Code calls for sixty five percent permeability. I think the floor area ratio is point two five. This wouldn’t meet that in today’s standards this is existing so that’s neither here nor there. COUNCILMAN BREWER-I just have one other thing Dan to throw out why couldn’t this; I personally more favor giving a variance from the lot in the back. If you were to shift the Eljen back to the back portion of the lot within a foot or two then you move it back to ninety two feet it makes it more attractive in my mind. MR. CENTER-Closer to the road? COUNCILMAN BREWER-Absolutely. COUNCILMAN STROUGH-Then you are going to get more road drainage, but as Paul pointed out that’s not… COUNCILMAN BREWER-That’s right that’s not his problem. COUNCILMAN BOOR-It is if we don’t maintain it. COUNCILMAN BREWER-We’re asking him to maintain something. COUNCILMAN BOOR-No, were not. COUNCILMAN BREWER-We are. COUNCILMAN BOOR-We’re asking ourselves to… COUNCILMAN BREWER-We’re asking him to maintain the runoff on his property. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 519 COUNCILMAN BOOR-No, I’m not asking him to maintain it. I’m saying we’re not the best stewards all the time. COUNCILMAN STROUGH-We have setbacks for a reason I think it’s to keep the facilities like this away from being impacted by the… COUNCILMAN BOOR-They will be plowing snow right on his system Tim. COUNCILMAN TURNER-No, you don’t want to do that. SUPERVISOR STEC-I agree. If you picked up eight or nine feet I think that would change significantly the feelings of the board correct me if I’m wrong, I doubt it would. COUNCILMAN BREWER-I’m just saying it’s an option. SUPERVISOR STEC-Sure, it is anything further from the applicant? You’ve heard our concerns. COUNCILMAN TURNER-I’ve got a question about the road. SUPERVISOR STEC-Go ahead Ted. COUNCILMAN TURNER-The road in front of the house doesn’t have much of a contour to it going east to west isn’t it kind of flat there? MR. CENTER-It’s kind of flat. The way I looked at it is it almost looked like it had enough of a crown that it did shed left to right down the middle line so we were taking half we’re not getting the whole road. COUNCILMAN TURNER-Whose the neighbor across the road? MR. CENTER-The neighbor across the road I don’t know who it is it’s probably on one of the sheets there. COUNCILMAN TURNER-If I remember right that’s a fair size house isn’t it? MR. CENTER-Linda Kirshon, I think is across the road. COUNCILMAN TURNER-That’s a fair size house isn’t it? MR. CENTER-Their actual driveway the storm water sheds off onto that driveway. Their asphalt, I believe…right up with the road they have a parking area in front of their house right across from where we are. Again, that’s flowing in the opposite direction that’s flowing east away. COUNCILMAN TURNER-Their side of the lake. SUPERVISOR STEC-Do you have anything else that you would like to add? MR. CENTER-Are there any suggestions from the board as Mr. Brewer said that would make this more approvable to allow an Eljen system, we’re open to any suggestions? The storm water I offered to put a grass swale at the edge of the road and take it towards that driveway. Move the Eljen system closer towards the road and then provide an infiltration trench down along side the driveway and at the end of that asphalt driveway on the north end to account for holding that water up. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 520 COUNCILMAN STROUGH-Have you ever been on Rockhurst Road on a busy summer day you can’t find parking on the side of the road everyone parks there. MR. CENTER-I’m saying providing on the edge of the existing asphalt road and at the bottom to detain the storm water and allow it to infiltrate into the ground and not go directly to the lake. We could move the Eljen system closer to the road further away from the lake. Again, I’m not quite familiar with the property to the north, but that was a larger house in worse soil that was allowed to build up a system on there we have much better soil here percolation wise. If you would like us to try to go out this spring and locate groundwater attempt to locate groundwater if it’s acceptable to the applicant I’ll try to locate actual groundwater so that we get a feel for where it may be as opposed to modeling. COUNCILMAN BOOR-I certainly want to see the property rather than just look at a map, I don’t want to send you away with a false impression. Right now I’m comfortable with the way it is because it’s not impacting the lake negatively that doesn’t mean my mind couldn’t be changed. Based on what I’m seeing, reading, and hearing I need to actually see the property and be convinced otherwise. MR. SEABOYER-Could you give the letters, correspondence you have to the Clerk and I’ll ask her to read those in at this point. COUNCILMAN BREWER-What are you suggesting Roger that we table possibly and go up and look at it? COUNCILMAN BOOR-I won’t vote yes on approving this that’s up to you guys. COUNCILMAN TURNER-The biggest thing against this application is the fact that he has a holding tank the system work he has to pump it, but it works. COUNCILMAN STROUGH-Like Roger said if he puts in water saving fixtures now he’ll save on pumping out the septic. COUNCILMAN TURNER-It depends on how much traffic there is there, too. MR. CENTER-If he uses it year round it will be greater than a thousand dollars a year possibly to pump it all out verses installing a system. COUNCILMAN BOOR-You know as well as I do because you do this for a living if we granted everybody a variance that place would be a mess. MR. CENTER-This particular use is two bedrooms, two-person retirement home today. SUPERVISOR STEC-Today. COUNCILMAN BOOR-We deal with them individually. Everybody says it’s a two-person, but when you look at the cumulative effect it’s seven, eight hundred people that are doing this it’s not fair to look at it segmented. SUPERVISOR STEC-Karen if I could ask you read in the correspondence. DEPUTY TOWN CLERK O’BRIEN-Read the following into the record. March 2004 REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 521 To Our Neighbors: By now you should have received a notice that we are designing a modern septic system for our home at 83 Rockhurst. Basically, we are requesting a variance from the 100 foot town setback requirement to 82 + feet in order to fit the system on our property. We hope you will have no problem with this improvement, and that we can count on your support. However, if you have any questions about our plans, please call us at 371-1683. Thank you, Steve & Debby Seaboyer 83 Rockhurst Road If we can use your name as neighbor who has no objection to our request for this variance, please sign below. Thanks again. Jeffery Clark 77 Rockhurst Road PO Box 204 Cleverdale, NY 12820 Eric & Janet Reynolds SUPERVISOR STEC No address? DEPUTY TOWN CLERK O’BRIEN-No. SUPERVISOR STEC-You said one of them in next-door and the other one three doors down? MR. SEABOYER-Mr. Clark is right next to us. SUPERVISOR STEC-I’m hearing if I can summarize from the board, I’m hearing that a majority of the board isn’t comfortable with this tonight and is thinking about wanting to table it upon personal inspection. I think that it is also fair to say that the board is inclined to point out that you have a working holding tank and in fact, we have steered people that were in here for variances with problem septic systems in cases similar to yours towards a holding tank is the board comfortable, is that accurate? COUNCILMAN STROUGH-Ms. Beckerle is the example just down the road from you. SUPERVISOR STEC-Correct if I’m wrong, I’m not hearing that anyone would like to move this? COUNCILMAN TURNER-I would table it on further investigation of the system that’s there so everybody takes a look at it. COUNCILMAN BOOR-Are you there now this time of year? MR. SEABOYER-Weekends generally, but I can make an exception and come up any time. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 522 SUPERVISOR STEC-I would leave it to the board members that would like to meet with Mr. Seaboyer and go visit the site to make your own arrangements. In the meantime… TOWN COUNSEL, HAFNER-Can I just ask one question Mr. Supervisor? SUPERVISOR STEC-Yes. TOWN COUNSEL, HAFNER-Are you closing the public hearing or you just going to table action? SUPERVISOR STEC-I was going to leave the public hearing open and not take action. TOWN COUNSEL, HAFNER-You are going to leave the public hearing opened, okay I just wanted that for the record. SUPERVISOR STEC-I’m sure that Dave can take this back to the hive and let him know what we did tonight and work with Mr. Seaboyer and his agent. We can move towards, I don’t know how long it will take but our next Regular Meeting is rd in two weeks and the next one after that will be May 3. COUNCILMAN TURNER-I think it would be proper for us who ever wants to go up go up there and look at it come back and tell you they’ve been there and then we will schedule the hearing. MR. CENTER-You’ll advise us. SUPERVISOR STEC-We will leave the public hearing open. Town Staff will be in contact with you to let you know what direction we think you should be heading and work with you towards hopefully a resolution of some sort or you may decide to stick with the holding tank. We won’t drag this out hopefully within four weeks we will have some sort of resolution to this for you if that’s agreeable. Mr. Brewer are you comfortable with that? COUNCILMAN BREWER-Yes. SUPERVISOR STEC-John? COUNCILMAN STROUGH-Yeah, but I don’t want to waste his time. SUPERVISOR STEC-Understood. I think hopefully you’ve got a good feel for where we are all coming from tonight. It may very well be that sticking with the holding tank maybe your final option. If you can work with us and put some of the concerns at ease you may find that there are approvals out there, but we certainly don’t want to mislead anybody. MR. SEABOYER-Mr. Boor will act as the contact person with me? COUNCILMAN BOOR-Yes that will be fine I’m in the phone book are you? MR. SEABOYER-I’ll give you a card. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 523 TABLED - PUBLIC HEARING TO REMAIN OPEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PATRICK CURTIN RESOLUTION NO.: BOH 7, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, Patrick Curtin has applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field ninety two feet (92’) from Lake George instead of the required one-hundred feet (100’) setback and three feet (3’) from the house foundation instead of the required twenty feet (20’) on property located at 227 Assembly Point Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public th hearing on April 19, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Patrick Curtin’s sewage disposal variance application concerning property located at 227 Assembly Point Road, Queensbury (Tax Map No.: 226.19-2-22) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of Mr. Curtin’s property as required by law. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 8, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 524 SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into Regular Session. th Duly adopted this 5 April, 2004, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None PUBLIC HEARINGS LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 9 ENTITLED “CREATION OF TOWN COURT CLERK AND DEPUTY COURT CLERK POSITIONS OPENED NOTICE SHOWN SUPERVISOR STEC-It probably would be simplest if I asked the Attorney to introduce the purpose of this local law that we are entertaining this evening so that the public is aware of how we got to this tonight. TOWN COUNSEL, HAFNER-The Town Justices have asked that the Town Board pass this Local Law creating these positions it seems that the positions were filled quite a while ago. In the past it didn’t technically create the positions this is necessary to create the positions that we have two people working in right now. SUPERVISOR STEC-Is it fair to say that the purpose of this law is to close some legal loose ends? TOWN COUNSEL, HAFNER-Yes. COUNCILMAN BOOR-It’s just compliance in other words. TOWN COUNSEL, HAFNER-It’s just compliance. SUPERVISOR STEC-This has nothing to do with Oaths of Office or anything like that also fair to say? TOWN COUNSEL, HAFNER-These people do have to I believe file their Oaths of Office and I believe they already have. SUPERVISOR STEC-But, we don’t believe that it’s pertinent? TOWN COUNSEL, HAFNER-Not to this particular local law. SUPERVISOR STEC-Thank you. I would now at this point open the public hearing for this local law to the public if anyone would like to come and comment or question, for or against, any questions at all. Hopefully our Attorney was able to clarify the purpose of the local law. Seeing none, any questions or comments? I REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 525 know we discussed this I believe in a workshop meeting if I’m not mistaken. Are there any comments or questions from Town Board, anything else from the public? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 2, OF 2004 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 9 ENTITLED "CREATION OF TOWN COURT CLERK AND DEPUTY COURT CLERK POSITIONS" RESOLUTION NO. 186, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 2, 2004 to add a new Chapter 9 to the Queensbury Town Code entitled "Creation of Town Court Clerk and Deputy Court Clerk Positions," which Chapter will create the Town Court Clerk and § Deputy Court Clerk positions in compliance with New York State Civil Service Law 41(1)(d), and WHEREAS, such legislation is authorized in accordance with New York State Town Law §130 and Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local th Law on April 5, 2004 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2, of 2004 entitled, "Creation of Town Court Clerk and Deputy Court Clerk Positions," which Chapter will create the Town Court Clerk and Deputy Court Clerk positions in compliance with New York State § Civil Service Law 41(1)(d), as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 526 th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT:None LOCAL LAW NO.: 2, OF 2004 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 9 ENTITLED "CREATION OF TOWN COURT CLERK AND DEPUTY COURT CLERK POSITIONS” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Title. The Queensbury Town Code is hereby amended by adding a new Chapter 9 entitled “Creation of Town Court Clerk and Deputy Court Clerk Positions” as follows: §9-1. Findings; Purpose. The Town of Queensbury Justice Court is currently fully staffed with Court Clerk and Deputy Court Clerks, such positions clarified and confirmed by Town Board Resolution. However, to comply with New York State Civil Service Law §41(1)(d), the Town of Queensbury must authorize the creation of these positions by adoption of a Local Law. The Town Board wishes to comply with New York State Civil Service Law and therefore adopt this Local Law. §9-2. Creation of Court Clerk Position. The Town Board wishes to establish the full-time position of Court Clerk in accordance § with New York State Uniform Justice Court Act 109. The Town Board wishes to have one (1) Court Clerk assigned to assist each of the two (2) Town Justices and a third Court Clerk assigned to serve the needs of the Court. The Town Board’s intention is that the Court Clerk position(s) be Civil Service exempt. §9-3. Creation of Deputy Court Clerk Position. The Town Board wishes to establish the part-time position of Deputy Court Clerk in § accordance with New York State Uniform Justice Court Act 109. The Deputy Court Clerk will assist the Court Clerk in the performance of his/her/their duties along with any other assigned REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 527 duties, and in such duties, the Deputy Court Clerk will at times act for and in place of the Court Clerk. The Town Board’s intention is that the Deputy Court Clerk position be Civil Service exempt. §9-4. Creation of Court Clerk to Elective Judicial Officers Position. §§ In addition to the Court Clerk and Deputy Court Clerk positions set forth in 9-2 and 9-3, the Town Board wishes to establish the full-time position of Court Clerk to Elective Judicial § Officers Position in accordance with New York State Uniform Justice Court Act 109. There shall be one such Clerk for each elective judicial officer. The Town Board’s intention is that such Court Clerk position be Civil Service exempt. Section 2. Severability. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 3. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. Section 4. Effective Date. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State as provided in Municipal Home Rule Law §27. PUBLIC HEARING EMINENT DOMAIN PROCEEDING IN CONNECTION WITH CREATION OF ROUTE 9 SEWER DISTRICT – EXXON/MOBIL STATION PROPERTY EASEMENT ON ROUTE 9 NOTICE SHOWN OPENED SUPERVISOR STEC-This is in conjunction with the sewer project that is ongoing on Route 9 and Sweet Road. We are currently working in the vicinity of both Sweet Road and Route 9 heading north to terminate up near the intersection with Route 9 and 149 at the north end of the Outlets. We have been successful in obtaining most the lion share of easements that we needed to complete the work. This is one property that we haven’t been able to obtain an easement and that’s the Mobil Station on Route 9. DEPUTY DIRECTOR, WASTEWATER, MIKE SHAW-Commonly known as the Exit 20, Mobil/Exxon Station. We’ve had communication with them prior Bob Hafner has and they have indicated they either want to be compensated or have a REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 528 free connection so far we had secured all easements there are a couple out there to be signed yet, but we have not paid or promised connection for any easements we want to proceed ahead with eminent domain. The sewer line that is being put in front of the building is going to be put in at a fifty-foot setback, which they currently cannot build on. In the future once we have our sanitary line in there they will still be able to maintain their shrubberies, signs, and so on and so forth. SUPERVISOR STEC-Before, I open the public hearing, I’ll just point out and anyone Town Counsel or Mike, board members, correct me if I’m speaking out of turn, but generally I think its safe to say that most municipalities and certainly Queensbury the eminent domain option is the last resort. It is one that we strive to avoid we respect property rights. However, we also have the public good to consider and that is the whole rationale, I believe behind the eminent domain law. How large a project is this Mike just to put a financial number on it? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-Approximately five point four million dollars. SUPERVISOR STEC-Five point four million dollar project. We occasionally will run into a situation where we need to weigh that against the benefit to an individual property owner. The proceedings certainly also include and mandate compensation so it’s a mandatory transaction that we are seeking. With that said, I will open the public hearing to any members of the public that would like to comment on this easement situation. I think Mr. Shaw was correct in specifying the Mobil Station that I was referring to is known as the Exit 20, Mobil Station at the southern end of the Outlets north of the Municipal Center. If there are any comments from the public about this easement, Mr. Salvador. PUBLIC HEARING OPENED MR. SALVADOR-Not specifically about this easement, but regard to the project and the acquisition of land to accomplish it. I note here on an inventory of Town roads that Sweet Road is a Town road by use. SUPERVISOR STEC-That is correct. MR. SALVADOR-What that says is that you don’t have title to the roadbed. SUPERVISOR STEC-I’m not going to debate Highway Law. TOWN COUNSEL, HAFNER-That is accurate. SUPERVISOR STEC-We have an easement. TOWN COUNSEL, HAFNER-Over private property. MR. SALVADOR-You have a superior right of use, however, that easement does not include the use of that land for purposes of a utility similar to a sewer system so you would have to get easements. TOWN COUNSEL, HAFNER-We did. SUPERVISOR STEC-And we have. MR. SALVADOR-The roadbed of Sweet Road? REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 529 SUPERVISOR STEC-For the purpose of this project. TOWN COUNSEL, HAFNER-To where we’re putting the sewer line. This is the only easement that we are missing that we need. SUPERVISOR STEC-We sought easement on Sweet Road…. MR. SALVADOR-The whole length of Sweet Road where you are going to put sewer lines you have easements? COUNCILMAN BOOR-We don’t have an easement there. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-It’s within a Town easement area. SUPERVISOR STEC-It’s within the easement. DEPUTY WASTEWATER DIRECTOR, MR. SHAW-It’s within the Town road. MR. SALVADOR-It’s within the Town road where you have an easement to have an access road not a public utility similar to a sewer system. SUPERVISOR STEC-I understand the point you are making and I’m confident that we disagree, thank you. Any other members of the public that would like to comment on the septic easement or any portion of the Route 9 sewer project, hearing and seeing none, questions or comments from the Town Board? COUNCILMAN BOOR-Just one, correct me if I’m wrong, I spoke with Bob this afternoon. Our easement relative to the Mobil Station is underground where we only rights of underground we don’t own surface, correct? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-No, we aren’t going to own we are going to install a pipeline under the ground. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDING IN CONNECTION WITH CREATION OF ROUTE 9 SEWER DISTRICT – EXXON/MOBIL STATION PROPERTY EASEMENT ON ROUTE 9 RESOLUTION NO.: 187, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final Order approving creation of the Route 9 Sewer District, and WHEREAS, the engineer working with the Town has determined the technical requirements of the Project and has indicated that a line will need to run across the property of the Exxon Mobil Station on Route 9 identified as Tax Map No.: 288.16-1-3, and REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 530 WHEREAS, the Town has attempted to negotiate with the property owner for an easement necessary for the Project but it appears that it will not be possible to get a consent easement, and WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easement by eminent domain in order to serve a public purpose, and WHEREAS, the Town is required to compensate the property owner for the property rights obtained, and th WHEREAS, on April 5, 2004, the Town Board held a public hearing to inform the general public about the project, review the public use to be served by the Project and the potential impacts on the environment and the residents of the locality where the Project is to be located and the Town Board heard all persons interested in the proposed Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with the New York State Eminent Domain Procedure Law, hereby determines that acquisition of the real property rights referred to in the preambles of this Resolution will serve a public purpose since there are no feasible alternative locations for the necessary easement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the commencement of the necessary Eminent Domain proceeding, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence legal action and effectuate all terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT:None CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-Landfill Monthly Report for March 2004 on file in Town Clerk’s Office. Read the following letter into the record. (On file Town Clerk’s Office) REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 531 TO: William Remington Date: March 25, 2004 Re: Speed Reduction Request Queensbury Avenue Town of Queensbury Warren County Dear Mr. Remington: In response to your request dated November 13, 2003, we have completed a traffic engineering study of Queensbury Avenue in the Town of Queensbury and have determined that a change in the regulatory speed limit is not warranted at this time. The methodology we use in setting speed limits is nationally accepted. Included in our analysis are the impacts of roadside development, intersections, travel land widths, roadway characteristics, shoulders, and traffic volumes as well as the fact that the numerical value of a speed limit must be realistic in terms of prevailing th traffic speeds. In this instance, our radar measurements indicate the 85 percentile speed of traffic on Queensbury Avenue is 57 MPH. If you have any questions regarding this matter, please call William Vazal of this office at 388-0380. Sincerely, William E. Logan Regional Traffic Engineer COUNTY SUPERVISIOR UPDATE – MIKE BARODY SUPERVISOR STEC-It is Mr. Barody’s desire to periodically update the Town Board regarding his participation and attendance at County Committee Meetings. Thanked Mr. Barody for taking time out of his schedule to come and brief the board on what is going on at the County. Mr. Stec noted that Mr. Barody and himself are not on any of the same Committees, noting every committee that he is on he has seen both of the new County Supervisor’s Mr. Van Ness and Mr. Barody. COUNTY SUPERVISOR BARODY-Reported to the board the progress of public safety and the new jail, noting that for Sheriff Offices they are ranked sixth for arrests. Spoke about the fiscal impact the jail will have on Warren County. (Presented pictures to board of new jail facility) Spoke to the board regarding the Annual Supervisors Dinner at Adirondack Community College, great interaction with the Staff and the ACC Board, talked about recreational plans. Noted in a Committee Meeting they made proposals for construction that is going to be undertaken at the College. One building is called the Regional Higher Education Center, which is currently priced at 2.4 million. This will allow for four-year degrees and partnership with other colleges. ACC would become one of the first Community Colleges in the State of New York that will allow four year degree programs so students that may have some economic hardship could go to school here locally, live home, and complete their four year degree at ACC. They are in the middle of putting this together, encouraged that they also work with the Warren County Economic Development Council as they develop those four-year degrees. We need to have a workforce from our student bodies from our High Schools and Colleges to be able to support bringing in new business. They will be renovating Eisenhardt Hall putting 3.2 million into renovations and another half a million into the Technology Program to make sure our local students are able to keep up with what’s going on technology wise. They will be creating more smart rooms where you can go in they have broadband connection in the room. You have a video that drops down out of the ceiling and a screen to project on so they can use the Internet REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 532 to teach, these rooms are also available to outside use. The Warren County share of that is 1.1 million dollars because the Regional Higher Education is hoping to raise that building to no cost to us in the two counties. Spoke to the board regarding Social Services noting Medicaid is the biggest item that continues to impact us greatly. There has been a forty two percent growth rate in this area if we continue to grow at this rate we will find ourselves in the same situation as Washington County, noted a number of things are being looked at in this area. Met with Senator Joe Bruno, asked if the State is going to bring relief to the Counties regarding Exit 18; the planning seems to be on schedule for Spring 2005. The th. public open house is currently scheduled for April 20. The public hearing for Eminent Domain Law is going to be sometime in late May or June. Spoke to the board the County is putting forth a large effort in information technology trying to catch the Town of Queensbury on Website development noting the Town has a very good website for its citizens. Trying to make the County’s website more user friendly trying to bring everything up to date over the next two to three year period. The County maybe forming a partnership with Adirondack Community College and in Internship Program so that the interns can be working at the County level in the IT Department throughout this process. DISCUSSION HELD SUPERVISOR STEC-Recognized former Councilman Pliney Tucker, Dick Merrill, former Highway Superintendent, Paul Naylor, thanked them all for continuing to participate. OPEN FORUM PLINEY TUCKER, 41 DIVISION ROAD-Spoke to the board regarding an article in newspaper concerning AMG noting the sentencing was postponed so they could figure out who was getting paid. Asked if anyone is looking to see if the Town is going to get paid? SUPERVISOR STEC-We are on it noting they are not very responsive haven’t received returned phone calls. MR. TUCKER-Questioned if the Town owns the houses on Luzerne Road where the connector road is going through? SUPERVISOR STEC-Yes. COUNCILMAN BOOR-QEDC. MR. TUCKER-Noted he has seen someone removing things from the unit asked if they knew about this? SUPERVISOR STEC-Yes, they had permission to do that. QEDC owns that, it came up at the most recent QEDC meeting. QEDC did consider a request to remove and salvage some of the stuff; they had permission to do this. MR. TUCKER-There is a pile of rubbish at this location. SUPERVISOR STEC-Will mention this to Chris Round who is a member of QEDC to have someone clean this up. MR. TUCKER-Asked the status of Division and Ogden Roads. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 533 SUPERVISOR STEC-Working on this noting they are close. MR. TUCKER-Asked the status of the piece of property above the Water Plant? TOWN COUNSEL, HAFNER-Hasn’t heard anything from Niagara Mohawk since he last wrote to them. MR. TUCKER-Noted he understands if the land wasn’t transferred six months after the project was totally approved, which was 1994, that the Town has the right to sue. Recommended having the Town Attorney check into this, contact Hudson Pointe, which is a subdivision of Niagara Mohawk that they will not get anymore building permits until the land is transferred. COUNCILMAN BREWER-Doesn’t think there are any building permits to get in Hudson Pointe. MR. TUCKER-Asked what was the reason for Resolution Authorizing Engagement of C.T. Male Associates, P.C. for Evaluation, Survey and Design for Potential Extension from Walker Lane North to Vicinity of Queensbury Town Hall on Bay Road? Asked what was the reason for Resolution Authorizing Commencement of Supreme Court Action in connection with Town of Queensbury v. Tina Bapp? SUPERVISOR STEC-Mr. Schermerhorn brought sewer all the way to Walker Lane. The Town sized that portion because we anticipate further sewer coming up Bay Road to approximately this location. We want to be in a position to have our requirements in place when the next property comes in for sewer we want to have a base line design for using all of our capacity. The resolution regarding Ms. Bapp, the Town has had some difficulty with non-compliance of Town actions in the past. This one actually dates back a year or two off of Everts Avenue where we had some livestock issues. In an effort to head off problems and provide some sleep for some angry neighbors there we decided to take a little more aggressive stand in this instance and start on a course that will bring us to Supreme Court instead of Town Court in order to do this we need to pass a resolution. MR. TUCKER-Questioned the housing development for the elderly the Cedars, thought when this was in an approval process he was going to be required to hook into sewer? COUNCILMAN BOOR-This is why we’re doing this resolution. MR. TUCKER-Asked if this project is in line to tie in when they build this? SUPERVISOR STEC-We have a long way to go. They have submitted a Map, Plan, and Report already for something that doesn’t anticipate needs up the corridor rather than tell them change your Map, Plan, and Report we want to give them an answer to the questions that we’re asking we’re trying to cooperate. PAUL H. NAYLOR, 15 DIVISION ROAD-Spoke to the board reminding the board if they close a road tread very carefully. MR. SALVADOR-Spoke to the board regarding June Maxam’s case. Spoke to the board regarding a press release from the Association of Towns addressing vacancies for failure to file Oaths and Bonds. Spoke to the board regarding the Watershed Agreement dealing with the North Queensbury Wastewater Project, noting there is no reason why they have to transfer wastewater from North REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 534 Queensbury all the way to Glens Falls. The inter-basin permission may be required not for Queensbury, but the Village of Lake George, read from two letters he received from Mayor Blais noting one letter is addressed to Joe DeSantis, who is about to embark on a high rise motel in Lake George. Read from letter sent to the Chairman of the Lake George Town Planning Board regarding future projects in the Caldwell Sewer District. COUNCILMAN STROUGH-Made a request to Warren County to start the paperwork for the inter-basin. DAVID STRAINER-1124 RIDGE ROAD-Encouraged to see the County Supervisor’s Update Report, noting for years he has been trying to get the county matters out to the public at the Town Meetings. Asked if they will be seeing the other Supervisor’s or will this just be Mike Barody’s role? SUPERVISOR STEC-Mr. Barody asked. I thought it was a good idea to update the public on County matters and I said, yes. Have extended and would welcome any of the other County Supervisors from doing the same noting he anticipates a monthly update from a County Supervisor. MR. STRAINER-Spoke to the board regarding the approved purchase of a fire truck for the Bay Ridge Fire Company. This is a company that came in replacing a tanker to replace would have been two hundred and forty five thousand dollars they left with a three hundred and sixty five thousand dollar engine. SUPERVISOR STEC-Three hundred and fifty-six nine hundred and ten. MR. STRAINER-Over a hundred thousand dollars we say we’re fiscally responsible you come in looking for one thing and walk out with a hundred and forty thousand more. COUNCILMAN BREWER-They came in looking for one thing they left getting what they asked for. MR. STRAINER-When looking at the busiest Fire Department we have in the Town, Queensbury Central they are going from four engines to three because they can’t staff it, down the road where they have eleven hundred less calls this seems to be something that they need noting he disagrees with this. SUPERVISOR STEC-This is precisely why he has been pushing to have a Town wide apparatus inventory, which has been completed, all five fire departments have given theirs. The Town staff is working on an RFQ for having a consultant come in and examine our needs with two entering arguments maintain the ISO rating at minimal apparatus need, anticipates to have this completed this year. MR. STRAINER-Asked what side of the fence the consultant is working on is he going to be in the middle or is his going to be fire oriented like the last report? SUPERVISOR STEC-It’s going to be on our nickel, our report, will be independent. MR. STRAINER-Noted he was a fireman for seventeen years noting he doesn’t begrudge these people anything believes that they should have the finest equipment. There comes a point in time where there is saturation and there is no need, need to start distinguishing between a want and need. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 535 COUNCILMAN STROUGH-On the Town level we have a Fleet Committee that evaluates every request noting we should have the same thing with the Emergency Services noting other communities have this. A Community Emergency Fleet Services Committee made up of everybody that would have an interest in this and members of the public to look at the region not just the Town. SUPERVISOR STEC-At the next Workshop Meeting we are already scheduled to talk about having a Fire Advisory Committee to the Town Board. MR. STRAINER-Spoke to the board regarding an article in the newspaper regarding the availability of paying taxes with credit cards. Noted he doesn’t like this idea, believes you would be fostering people to get into larger debts because they are looking at the big picture of miles and what you can purchase with them. You wouldn’t make any money with this because you have to pay one point eight percent for the use of the credit card, doesn’t see where this would be a revenue enhancement tool. Spoke to the board regarding the Tourism Meeting and the taking of money from the stipend that they will receive with the bed tax and using it to pay for things we have already budgeted for, cautioned the board noting they did this to promote tourism when we promote tourism we are going to be bringing in more people, tax dollars, would hate to see cutting out the promotion money to pay for services. Spoke to the board regarding the Trash Plant noting they will be nd. having a tour of the plant on May 2 nd SUPERVISOR STEC-There will be an Expo at the Civic Center on May 2, noting the Town of Queensbury will have an information booth. OPEN FORUM CLOSED 9:10 P.M. TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Asked to talk about the setting of agenda’s at a future Workshop. SUPERVISOR STEC-We can if you like. COUNCILLMAN STROUGH-Received complaints from residents on Potter Road, Cardinal Lane, and roads off of Potter Road over by the Glens Falls Watershed regarding kids using snowmobile’s, four wheelers, three wheelers, dirt bike noting they are complaining the kids have modified the mufflers to make them louder or have taken off the mufflers. Asked for the parents to try and remedy this th situation so all can be happier. Asked if there will be a resolution on April 19, for Dave Margison’s proposal to have additional concerts. He wants to have eight concerts four in the City and four in the shell at Crandall Park, noting he is looking for half of the cost Glens Falls has committed themselves to half the cost. SUPERVISOR STEC-Believes Councilman Brewer would like to discuss this in a Workshop perhaps the next one. COUNCILMAN BREWER-Thinks it’s late when they have already budgeted. COUNCILMAN STROUGH-I think to support a cultural activity in the general community is a worthwhile thing, would like to see the resolution put on for the nineteenth. Read into the record a letter regarding Town Historian, Marilyn Van Dyke congratulating her on her designation as a Registered Historian by the Association of Public Historian of New York State. No one is more dedicated and works harder than Marilyn on the Town and County’s history. REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 536 SUPERVISOR STEC-Agreed noting it is very well deserved. Apologized that he overlooked reading it himself. COUNCILMAN STROUGH-Spoke to the board regarding the cable company renewing their contract in a year and a half noting the price of cable has gone up five times faster than inflation. Recommended putting together a committee to look over the options with the intent of the committee either to improve our TV service lower the cost, maybe explore some broadband options. COUNCILMAN BREWER-Questioned if they have any control over what is in the contract? TOWN COUNSEL, HAFNER-Control over what? COUNCILMAN BREWER-The cost associated with cable or reducing the cost of the cable to the consumers. TOWN COUNSEL, HAFNER-Those are not usually things that are controlled in the contract noting he hasn’t looked at the contract in years if the board would like him to look at the contract he would be glad to. SUPERVISOR STEC-Asked Counsel to start looking into this. COUNCILMAN BOOR-Spoke to the board asked if the Town Board has the authority to accept the Town Board Minutes? TOWN COUNSEL, HAFNER-They are official minutes they are the Town Clerk’s minutes it is under her authority, it is her job. COUNCILMAN BOOR-Will be meeting with Bob and Chris Round tomorrow regarding the Nuisance Ordinance. SUPERVISOR STEC-Spoke to the board regarding DEC Outdoor Furnace will be meeting to discuss a Nuisance Law. The questions are what do we do for the future this will be addressed in another law that we’re looking at that the board will need to consider in the near future noting we are still on a moratorium. What to do with the ones that currently exist to grandfather or not to grandfather. Then we have a question of the Nuisance Law that is geared towards existing ones or ones that will be allowed for code in the future. Even though they meet all the rules it give us some options if they run into difficulty in operation where they start becoming a source of complaints noting the Town staff has done a good job with calls regarding this. DEC has been out to the Glen Lake site several times that was drawing most of the public criticism. DEC has instructed if the Town or residents want to make a case for a Nuisance Violation of Section 215 of the State Law that talks about air quality in order to build a case for nuisance they have to have a file with complaints in it, have been encouraging residents to document and paper the record. If residents have any problems with any air quality issues you can call DEC at 623-1200. Spoke to the board regarding a problem on Queensbury Avenue, County Line Road with an emergency diesel generator for one of the pump stations for the sewer system. The location of the generator is located on the airport property right near the entrance of the airport. A resident discovered evidence of sheen on some oil downstream of the stream that runs nearby. DEC came out did some back tracking to try to locate the source of the spill. To the best of my knowledge they feel certain that they identified the source of the leak it was in the diesel generator. You couldn’t see any evidence of diesel on the ground, but REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 537 we’re confident that was it. DEC the County and Town were very responsive to this. They put up a barrier to protect it they did excavate the hole and it is getting monitored, believes that they were complemented by DEC on their responsiveness. Spoke to the board regarding North Queensbury Sewer. Wrote a letter provided a copy of the letter to the reporter that was present and had lengthily discussion as to what was between the lines and the rationale behind what was in the letter. Made very clear the board’s sentiment that we’re not convinced that there is a tremendous septic failure issue in North Queensbury. We’re not sure that our residents and constituents feel that there is an issue that needs to be resolved up there. That we’re concerned it will cost several thousand of dollars for each resident to connect in. That even if all of these weren’t true and we were convinced and had an issue that needed to be addressed that the board did not like the County’s preferred option, which predates all five of us to collect and treat in a plant to be built behind the North Queensbury Fire Company building. To pipe the effluent down to Halfway Brook, which would of contained the effluent within the basin. The Town Board said if we had to do something we would prefer to go to Glens Falls and in order to do this instead of the County saying it will be really hard to get permission we told them go get permission. Noted he spoke at a luncheon at the Queensbury Senior Citizens someone brought up the question of North Queensbury Sewer noting he addressed it and asked people in the audience how many that live in North Queensbury want sewer noting no one raised their hand. Asked how many in North Queensbury that don’t want sewer, eight to ten people raised their hand. If people would like to comment they can call him at the Town Hall. Spoke to the board regarding the City of Glens Falls and South Western Avenue noting he hasn’t received any communication from the City of Glens Falls. Spoke with Mayor Regan at another meeting noting he asked him and told him the board discussed this is Workshop. Asked him to send us something hasn’t received anything yet noted he had also talked with two business owners that were concerned. We were able to confirm that portion of Western Avenue the Town does not own any portion of it. Asked Counsel to comment on the appropriateness of the Town using Town funds for assisting the City in this project understanding that it isn’t Town owned, but does impact some Town businesses. TOWN COUNSEL, HAFNER-A Town has many rules on how it can spend its money. There are many cases, laws, which prohibit the Town from spending its funds for non-Town purposes. Paying to improve a road in another municipality is not an appropriate use of the Town funds that you are in charge of administering. You can spend money for your own roads and that’s something that you are required to do. Spoke to the board regarding the property between Hudson Pointe and the Faith Bible Church approximately thirteen acres that the Town would be interested in purchasing at fair market value from the City of Glens Falls for purpose of recreation noting he hasn’t received any correspondence back from anyone at the City regarding the request to purchase the property. Has had conversations with Adirondack Community College noted Recreation Commissioner Dog Irish and himself met with the Board of Trustees a little over a week ago looking to put the Community Center as part of the ACC Campus believing that it’s a Community Center and there is value in locating it in the center of the Community. We think it would be an enhancement to the college campus, bare in mind that the Town would be taking on all the capital costs. Although not required the Town has decided to take the decision to build or not to build to the voters hopefully this fall. It is our hope that at the next ACC meeting at the end of April they will have an answer for us. Spoke to the board regarding West Mountain and Corinth Road widening of the shoulders for the purpose of adding a bicycle path. These are two County Roads the only two County Roads west of the Northway, west of the Northway is where fifteen thousand people in Queensbury live. DPW Committee has been very cooperative walked the roads with officials REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 538 they seem receptive to this encouraged by the condition of the roads. They will budget widening Corinth Road for next year to add a bike lane. They will start a portion of West Mountain Road between Peggy Ann and Aviation Road this year noting it will take several years before all of West Mountain Road is widened. They backed down on their request that Queensbury should kick in money for the County Roads. Thinks they are being consistent in treatment of non Queensbury Municipalities as far as how much money Queensbury should be spending on roads that aren’t Queensbury roads. RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN AND AUTHORIZING APPRAISALS OF CERTAIN PROPERTIES WITHIN AREA SCHEDULED FOR WATER TRANSMISSION SYSTEM IMPROVEMENTS RESOLUTION NO.: 188, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Town Board Resolution No.: 353,2003 the Town Board authorized and approved improvements to the Queensbury Consolidated Water District, such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway) in the Town of Queensbury, and WHEREAS, the engineer working with the Town has determined the technical requirements of the Project and has indicated that a line will need to run across certain properties as follows: OWNER NAME TAX MAP NO. PROPERTY ADDRESS EASEMENT NO. Robert Mulcahy 297.9-1-8 557 Ridge Road P-14 Howard Crannell 290.18-1-23 388 Haviland Road P-24 No tax map listed Located on both sides of Niagara Mohawk Power Corp. P-42 and County GIS Round Pond Road. On south shows no tax side it is bounded by two number either. parcels (296.6-1-13 and 296.5-1-1 belonging to Salvadore Russo listed as 144 Round Pond Road) and on north side it is bounded on both sides by Guido Passarelli's parcel (296.5-1- 7 lot number(s) unknown). and WHEREAS, the Town has attempted to negotiate with the property owners for easements necessary for the Project but it appears that it will not be possible to get consent easements, and REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 539 WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easements by eminent domain in order to serve a public purpose, and WHEREAS, the Town is required to compensate the property owners for the property rights obtained, and WHEREAS, the Town Board wishes to obtain appraisals of the value of the easements across the properties, and WHEREAS, the Town has in the past relied upon the appraisal services of Empire State Appraisal Consultants, Inc., and has found their work to be thorough and accurate, and WHEREAS, Eminent Domain Procedure Law §201 requires the Town Board to hold a public hearing prior to commencing a proceeding to acquire property rights by eminent domain, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board shall hold a public hearing on April 19, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to inform the general public about the Project, review the public use to be served by the Project and the potential impacts on the environment and the residents of the locality where the Project is to be located and to hear all persons interested in the proposed Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish a Notice of Public Hearing in at least five (5) successive issues of the Glens Falls Post- Star commencing at least ten (10) but no more than thirty (30) days before the date of the public hearing, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to engage the services of Empire State Appraisal Consultants, Inc., to provide an appraisal value of the easements over the properties listed in the preambles of this Resolution for a total cost not $5,400 to exceed $13,000 to be paid from the appropriate account as determined by the Town’s Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation, including a contract for appraisal services, and the Town Supervisor and/or Town Counsel to take all action necessary to effectuate the terms of this Resolution, and REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 540 BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. th Duly adopted this 5 day of April, 2004, by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING WASTEWATER DIRECTOR OR DEPUTY DIRECTOR TO APPROVE AND SIGN CERTAIN CHANGE ORDERS IN CONNECTION WITH CONSTRUCTION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 189, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for Contracts related to the Route 9 Sewer Project and by Resolution No.: 379,2003, the Town Board awarded the bid for Contract 1 to Trinity Construction, and WHEREAS, by Resolution No.: 406,2003 the Town Board awarded the bids for Contract No. 2G - General Construction - to Delaney Construction Corp.; Contract 2P - Pump Station Plumbing - to RF Gordon Mechanical, Inc.; and Contract 2E - Pump Station Electrical - to Harold R. Clune, Inc., and WHEREAS, by Resolution No.: 539,2003, the Town Board awarded the bid for Contract 3 to Highlander Construction, and WHEREAS, the Town’s Director and Deputy Director of Wastewater have advised the Town Board that there are times when Change Orders may become necessary for such Contracts and have requested that the Town Board authorize them to approve and sign certain Change Orders in the amount of $20,000 per Change Order that they deem necessary or appropriate, provided that the aggregate amount of such Change Order(s) do not exceed five-percent (5%) of the original Contract award, and WHEREAS, the Town Board wishes to provide authorization for such Change Orders, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 541 RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s Wastewater Director or Deputy Director to approve and sign Change Orders pertaining to the Contracts for construction of the Route 9 Sewer Project in the amount of $20,000 per Change Order, that they deem necessary or appropriate, provided that the aggregate amount of such Change Order(s) do not exceed five-percent (5%) of the original contract award, and BE IT FURTHER, RESOLVED, that, upon completion of such work authorized by the Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate Route 9 Sewer Capital Project Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Wastewater Deputy Director and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ADDITIONAL CONSTRUCTION PHASE ENGINEERING SERVICES PROVIDED BY JARRETT-MARTIN ENGINEERS, PLLC IN CONNECTION WITH SOUTH QUEENSBURY- QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 190, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 341,2002, the Queensbury Town Board authorized engagement of Jarrett-Martin Engineers, PLLC (JME) for construction phase services in connection with the creation of the South Queensbury – Queensbury Avenue Sewer District (Project) for an amount not to exceed $89,400, and WHEREAS, by Resolution No.: 274,2003, the Queensbury Town Board authorized payment to JME for $20,000 in additional construction phase services pertaining to the Project, and REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 542 rd WHEREAS, the Project was to be substantially completed first by June 23, 2003 and then rd by July 23, 2003, but the Project is still not complete as of this date, and WHEREAS, JME has advised the Town Board that due to additional Project delays, the Project is not yet complete and therefore JME has already incurred and will incur further engineering expenses until the Project is complete, in an amount up to $30,000, and WHEREAS, the Town Board wishes to authorize an increase in an amount not to exceed $30,000 for additional construction phase engineering services to be paid to JME, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the additional construction phase services performed by Jarrett-Martin Engineers, PLLC in connection with the South Queensbury – Queensbury Avenue Sewer District as described in the preambles of this Resolution in an amount not to exceed $30,000, bringing the total construction phase engineering services amount for the Project to $139,400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment for the additional construction phase services shall be paid for from the contractor’s liquidated damages, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to sign any documentation and take such action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR EVALUATION, SURVEY AND DESIGN PLANS FOR POTENTIAL SEWER EXTENSION FROM WALKER LANE NORTH TO VICINITY OF QUEENSBURY TOWN HALL ON BAY ROAD RESOLUTION NO.: 191, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 543 WHEREAS, the Town’s Deputy Wastewater Director has requested engineering services concerning a potential sewer extension from Walker Lane north to the vicinity of the Queensbury Town Hall on Bay Road, and WHEREAS, the Deputy Wastewater Director has recommended that the Town Board authorize engagement of C.T. Male Associates, P.C., to complete an evaluation, survey and design plans for such potential sewer extension for an amount of $17,000 plus an additional soil boring allowance of $1,500 for a total fee not to exceed $18,500, as delineated in C.T. Male’s Proposal th dated March 25, 2004 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for evaluation, survey and design plans concerning a potential sewer extension from Walker Lane north to the vicinity of the Queensbury Town Hall on Bay Road for an amount of $17,000 plus an additional soil boring allowance of $1,500 for a total fee not to exceed th $18,500, as delineated in C.T. Male’s Proposal dated March 25, 2004 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male’s services shall be paid for from Engineering – Consultant Services Account No.: 001-1440- 4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Wastewater Deputy Director, Budget Officer and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR INDUSTRIAL 4X4 LOADER/BACKHOE FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 192, 2004 INTRODUCED BY: Mr. Theodore Turner REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 544 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Water Superintendent wishes to advertise for bids for the purchase of an industrial 4x4 Loader/Backhoe with extendable dipperstick as specified in the Water Department’s Bid Specifications presented at this meeting, and WHEREAS, the purchase of a Loader/Backhoe has been included in the Water Department’s 2004 Budget, 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 an industrial 4x4 Loader/Backhoe with extendable dipperstick as specified in the Water Department’s Bid Specifications 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. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF UTILITY BODY WITH ACCESSORIES FOR 2004 F-550 MECHANIC’S TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 193, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 545 WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a Utility Body with all necessary accessories for a 2004, F-550 mechanic’s truck as specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, the Town’s Fleet Committee has reviewed and approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2004 budget, 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 Utility Body with all necessary accessories for a 2004, F-550 mechanic’s truck for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-Has this been approved by the Committee? COUNCILMAN BOOR-Can we assume that all will be through the Committee? WATER SUPERINTENDENT, MR. VAN DUSEN-Assumes if it’s in the resolution. COUNCILMAN STROUGH-Asked to change the boilerplate that we have been using for these. SUPERVISOR STEC-Thought we had decided that we wanted to do that. TOWN COUNSEL, HAFNER-Recommended adding another clause. SUPERVISOR STEC-Whereas, the Fleet Management Committee has reviewed and recommends approval. Asked Town Counsel to read change into record. TOWN COUNSEL, HAFNER-Whereas, this particular vehicle was submitted to the Fleet Management Committee for its review and approval and, whereas the Fleet Management REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 546 Committee reviewed and recommended approval of this particular vehicle. Changed was agreed to by Councilman Strough and Councilman Boor. SUPERVISOR STEC-Asked Counsel to make sure this is changed? TOWN COUNSEL HAFNER-Yes. RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4902 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM RESOLUTION NO.: 194, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4902, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is fifteen thousand six hundred twenty five dollars ($15,625), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4902 in the Town of Queensbury, New York in the amount not to exceed fifteen thousand six hundred twenty five dollars ($15,625) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4903 IN CONNECTION WITH WARD 4 REHABILITATION PROGRAM REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 547 RESOLUTION NO.: 195, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 4903, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is nineteen thousand five hundred ten dollars ($19,510), and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4903 in the Town of Queensbury, New York in the amount not to exceed nineteen thousand five hundred ten dollars ($19,510) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION OF SUPPORT FOR ELIMINATION OF SUNSET PROVISIONS OF LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND CULTURAL EDUCATION FUND (CEF) RESOLUTION NO: 196, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 548 WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s more than 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the Town of Queensbury has benefited from technical assistance, training, publications and grants supported by the LGRMIF, and WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF) to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers and the Office for Public Broadcasting and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Town of Queensbury and to the cultural and scientific needs of the people of New York State, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports the elimination of such sunset provisions in order to make the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF) permanent, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 549 RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Warren County Clerk and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT STATEMENTS OF CASH RECEIPTS AND DISBURSEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2003 RESOLUTION NO.: 197, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 476,2003, the Queensbury Town Board authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements for the fiscal year ending December 31, 2003 and provide accounting advice to the Town throughout 2004, and WHEREAS, the Town’s Budget Officer has been pleased with the services of Cusack, and WHEREAS, Cusack has offered to audit the Town’s statements of cash receipts and disbursements for the fiscal year ending December 31, 2003 for the Town of Queensbury Town Clerk, Receiver of Taxes, Town Justices, Transfer Station and the Parks and Recreation Department at a cost not to exceed $1,800 per audit as more specifically set forth in Cusack’s letter dated March th 9, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement Cusack & Company, CPA’s to provide cash receipts and disbursement auditing services to the Town of Queensbury for the year ending December 31, 2003 for the Town of Queensbury Town Clerk, Receiver of Taxes, Town Justices, Transfer Station and the Parks and Recreation Department at a th cost not to exceed $1,800 per audit as more specifically set forth in its letter dated March 9, 2004 to be paid for from the appropriate account, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 550 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to sign any documentation and take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 198, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: ROUTE 9 SEWER FROM: TO: $ AMOUNT: 136-1990-4417 136-8150-2899 148,043. (Contingency) (Capital Construction) 136-1990-4417 136-8150-4403 80,835. (Contingency) (Engineer/Surveyor) th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS –ABSTRACT OF MARCH TH 26, 2004 RESOLUTION NO.: 199, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 551 SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as th the Abstract appearing on March 26, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract appearing on th March 26, 2004 numbering 24-128900 through 24-148300 and totaling $516,532.75, 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 5 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON REZONING OF PROPERTY LOCATED AT THE CORNER OF WEST MOUNTAIN ROAD AND GURNEY LANE FROM SFR-1A (SINGLE FAMILY RESIDENTIAL – ONE ACRE) TO PROFESSIONAL OFFICE (PO) RESOLUTION NO.: 200, 2004 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 288.-1-63 and 288.1- 64 located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury from SFR-1A (Single Family Residential - One Acre) to Professional Office (PO), and WHEREAS, the Town Board previously received a request to rezone the subject properties from SFR-1A to SR-1A, and the Town Board did not take any action, and WHEREAS, the Town Board communicated its preference for designating the property Professional Office (PO) consistent with the 1998 Comprehensive Land Use Plan adopted by the Town Board, REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 552 WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th April 19, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map regarding property bearing Tax Map No.’s: 288.-1-63 and 288.1-64 located at the corner of West Mountain Road and Gurney Lane in the Town of Queensbury from SFR-1A (Single Family Residential - One Acre) to Professional Office (PO), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’ s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers such rezoning request to the Warren County Planning Board for its advisory recommendation in accordance with General Municipal Law §239-m and directs the Community Development Department to take all actions necessary to effect such referral, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 553 RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this project and directs the Department of Community Development to notify any other involved agencies, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed th rezoning after the public hearing at its April 19, 2004 meeting. th Duly adopted this 5 day of April, 2004, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES: Mr. Brewer ABSENT:None RESOLUTION APPOINTING JOAN JENKINS AND BRIAN CLEMENTS TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 201, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town of Queensbury Board of Assessment Review in accordance with applicable New York State law, and WHEREAS, Dr. Charles Hauser and Charles Yasko recently resigned from the Town’s Board of Assessment Review and so the Town Board would like to appoint two members to complete Dr. Hauser and Mr. Yasko’s unexpired terms of office, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joan Jenkins and Brian Clements to serve as members of the Town of Queensbury Board of Assessment Review with Ms. th Jenkins to complete the term of Dr. Charles Hauser, such term to expire September 30, 2005 and th Mr. Clements to complete the term of Charles Yasko, such term to expire September 30, 2006. th Duly adopted this 5 day of April, 2004, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 554 RESOLUTION AUTHORIZING UNPAID LEAVE OF ABSENCE FOR SHARRON MEADE RESOLUTION NO.: 202, 2003 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Sharron Meade, Data Collector/Appraiser in the Queensbury Assessor’s Office, was placed on Family Medical Leave under the Federal Family Medical Leave Act ndth (FMLA) from December 22, 2003 through March 19, 2004, a period of 12 weeks, and WHEREAS, Ms. Meade has exhausted all paid leave available to her as well as her 12 weeks of Family Medical Leave, and WHEREAS, Ms. Meade has requested Town Board approval to take an additional unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX, and WHEREAS, Ms. Meade has submitted medical documentation supporting a need for additional medical leave, and WHEREAS, the Town Assessor has recommended that the Town Board grant unpaid th medical leave with an effective date of March 20, 2004 extending through the earlier of: th 1. April 20, 2004; or 2. Certification of her physical qualification for return to work, documented by her physician in form satisfactory to the Town; and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Ms. Meade’s request and the Town Assessor’s recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants an unpaid th medical leave of absence with an effective date of March 20, 2004 extending through the earlier of: th 1. April 20, 2004; or REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 555 2. Certification of her physical qualification for return to work, documented by her physician in form acceptable to the Town; and BE IT FURTHER, RESOLVED, that Ms. Meade shall provide the Town with a status report from her physician regarding her ability to return to work and must notify the Town Board in writing by th April 13, 2004 of her intention to return to work or request further unpaid medical leave and th supply supporting documentation if she desires additional unpaid leave beyond April 20, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor 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 5 day of April, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. TINA BAPP RESOLUTION NO.: 203, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously commenced an action against Tina Bapp § for violation of Queensbury Town Code 179-5-030(A) by keeping livestock, poultry, fowl and farm animals (farm animals) at her home on Everts Avenue in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 556 WHEREAS, the Town’s efforts to rid Ms. Bapp’s property of such farm animals have been ineffective as Ms. Bapp continues to thwart the Town’s Zoning Ordinance, and WHEREAS, neighbors have complained to the Town of Queensbury that roosters on Ms. Bapp’s property continue to wake them at an unreasonable hour, and WHEREAS, Queensbury Town Court lacks injunctive power to get rid of the farm animals, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and injunctive relief in the matter of the Town of Queensbury vs. Tina Bapp as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation and take any and all action necessary to commence such proceeding and effectuate all terms of this Resolution. th Duly adopted this 5 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSTAIN:Mr. Strough ABSENT : None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Noted this resolution wasn’t originally in the resolution packet, thinks the only reasonable thing to do is to abstain. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 204, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-05-2004 MTG#16 557 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 5 day of April, 2004, by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Stec Noes: None Absent:None No further action taken. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury