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2011-07-25 MTG#21 REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 677 REGULAR TOWN BOARD MEETING MTG#21 TH JULY 25, 2011 RES#231-238 7:00 P.M. B.H. 22-25 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN ATTORNEY ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, BRUCE OSTRANDER ENGINEER, CHRIS HARRINGTON PRESS LOOK TV, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 231, 2011 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. JOHN STROUGH RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 25 day of July, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE DENNIS & NANCY DEFAYETTE PUBLICATION DATE: JULY 15, 2011 TOM HUTCHINS, AGENT AND MR. DEFAYETTE PRESENT SUPERVISOR STEC-This is for an absorption line to be located four feet from a property line in lieu of ten feet and eighty six feet from a stream in lieu of a hundred feet. The property is located at 29 Reardon Road Ext. in the Town of Queensbury over near Glen Lake. With that said, I will open the public hearing if the applicant or the agent is here and would like to further address the board feel free to come to the mic. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 678 TOM HUTCHINS, HUTCHINS ENGINEERING-Good evening, I am Tom Hutchins, I do business as Hutchins Engineering in Queensbury and with me is Mr. Defayette who is the owner and applicant. We don’t really have anything to add we believe what we have done is maximize the separation distances available on this parcel and made it a considerable improvement considering the current antiquated system is roughly thirty feet from a neighbors water supply, seventy five feet from their own water supply and roughly thirty feet from the lake. Again, we have maximized all the distances we feel we can with the parcel we are dealing with. COUNCILMAN MONTESI-I visited the site yesterday and what Mr. Hutchins said is true you would have to see where the existing septic system is it is probably in the middle of a pretty steep hill, which flows into the lake. Anything that this owner can do to improve that is going to be a blessing for the lake. The four foot from the property line it happens to be a neighbor, but it also happens to be a relative so it doesn’t appear that it is a problem presently. He is just utilizing a lot of grass area next to his driveway it is a smart thing to do it pulls it way away from the lake. I think they have done the best that they can with a pretty difficult lot. SUPERVISOR STEC-Any other questions or comments from the board before I take public comment? COUNCILMAN STROUGH-A couple quick things. How are you going to remediate the old bed that is down near the lake are you going to have to dig that out? MR. HUTCHINS-Our plan has been to abandoned it in place and just abandoned it in place COUNCILMAN STROUGH-The State will allow you to do that? MR. HUTCHINS-Yeah it can be abandoned in place. Our concern was with remediating it is a possibility you could do more harm than good. If the board was concerned we could attempt to…. COUNCILMAN MONTESI-Sometimes you fill them with sand it takes care of any collapse that might occur. MR. HUTCHINS-That could certainly be done we could go down and explore dig a little bit into it if we can expose it pull out anything bad material and fill it with sand. MR. DEFAYETTE-The contractor I have that we received a bid on part of their bid is to fill in the existing tank pump it out and fill it back in to elevate the problems that Tom was mentioning. MR. HUTCHINS-You did have to be a little careful with it because it is very close to the lake. COUNCILMAN STROUGH-One thing you don’t want anyone to do is drive on that septic bed are you going to have a method of assuring that nobody parks on that? MR. DEFAYETTE-Currently what we are looking at is planting some bushes as far as it extends onto the driveway for maybe ten, fifteen feet along the side that is what we are looking at right now that is what we would like to do. COUNCILMAN MONTESI-It is actually the leach field that is on the side of the driveway the tanks aren’t. MR. DEFAYETTE-Right the tanks are further up on the property, but the absorption the leach fields are the ones that rest along the driveway that is where we were looking at possibly planting some shrubs or bushes there. COUNCILMAN STROUGH-That is not going to be an Eljen system is it? MR. HUTCHINS-That is not going to be an Eljen system. COUNCILMAN STROUGH-It will ruin your system if you have a lot of people that park on top of that. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 679 MR. DEFAYETTE-Understood, sure. SUPERVISOR STEC-The public hearing is opened if there are any members of the public that would like to address the board regarding this public hearing I would ask that you raise your hand I will call on folks one at a time. If you would come to the microphone and state your name and address for the purpose of the record these microphones not only amplify, but they record for the purpose of the record. PUBLIC HEARING OPENED DANIEL J. LAWLER, SR. - I would like to speak for my father who is elderly if that is okay. Daniel J. Lawler, Sr. nineteen adjacent lot to this one in question. Our first concern obviously is our well, which is only about fifteen feet from their property line. It is actually a concern the property has been in my Dad’s family since the thirties not that, that matters, but we are concerned because we are downhill. This gentleman visited the lot we are down here from where they are proposing this. Our second concern is naturally the lake anytime anybody and I’m sure you people are looking out for the lake hopefully, also anytime anybody asks for a variance less than a hundred feet from the lake it is a major concern. We want the lake to stay clean, I am sure that is your concern also. Our third concern is the tree line the big trees they are on our side my Dad planted them as a kid and he planted them just inside the line, okay if we dig a leach bed four feet from the line I am sure that is going to knock out some roots if it indeed is on our side. I am not sure we don’t know I just had this letter okay so I am not sure where that is going to go. COUNCILMAN STROUGH-Where they are showing it is I am assuming… ATTORNEY HAFNER-Do you want me to take them out a map? SUPERVISOR STEC-Sure. COUNCILMAN MONTESI-Your Dad’s home is the dead end street they are to the left where are… MR. LAWLER-Ours is just before that to the left. COUNCILMAN MONTESI-I thought Mr. Taylor owned that. MR. LAWLER, SR.-No that is the other way. MR. LAWLER-We are on the other side. COUNCILMAN STROUGH-Do you see where the septic bed is right next to existing neighboring garage. MR. LAWLER, SR.-The reason this well was in here I had to go a hundred foot from my septic tank is that why I had to put it right over there. COUNCILMAN STROUGH-Do you see where he is proposing the septic system is that your garage? MR. LAWLER-No. COUNCILMAN STROUGH-It says two hundred and forty plus or minus feet to the neighboring well. MR. LAWLER-From where? COUNCILMAN STROUGH-Do you see the septic bed? MR. LAWLER-This box area. COUNCILMAN STROUGH-The rectangular box do you see the notation just to the east of that? REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 680 COUNCILMAN MONTESI-It says two hundred and forty feet to neighbors well that would presumably be your well. MR. LAWLER, SR.-Two hundred. MR. LAWLER, SR-Two hundred and forty feet how big is this lot by the way? COUNCILMAN MONTESI-Mr. Hutchins the notation that you have for two hundred and forty feet from the neighbor’s well that’s on the other side of the driveway. MR. HUTCHINS-That is directly across Reardon Road that is the surveyed location. MR. LAWLER-We are on this side of Reardon Road. MR. HUTCHINS-There is another notation that says two hundred sixteen feet that is to a parcel that is diagonally across Reardon Road that one is…. MR. LAWLER-I don’t believe our well is on here we are on this side of Reardon Road. COUNCILMAN MONTESI-What is your number? MR. LAWLER-Nineteen. COUNCILMAN MONTESI-Okay so you are on the same side of the street as they are they are twenty nine. MR. LAWLER, SR-The lake side. COUNCILMAN MONTESI-But you are not the adjoining neighbor. MR. LAWLER-Okay, I thought this was about the small parcel in-between there, but I guess it’s not. COUNCILMAN MONTESI-No it’s the one at the end. MR. LAWLER-There is still a concern if this is going in there it is no two hundred and forty feet from our well that lot is only forty five, fifty feet maybe sixty tops and my well is fifteen feet from there from that house. So that’s more than a hundred feet this isn’t the lot that we thought was in question. COUNCILMAN MONTESI-That is good to come that’s why we have the public hearing. MR. LAWLER-I don’t know what those lots total up to be the three across there just to be safe while we are here somebody must have a map? SUPERVISOR STEC-I can’t tell you the distance. COUNCILMAN BREWER-Tom do you know that distance? MR. HUTCHINS-I’m sorry I didn’t hear. COUNCILMAN BREWER-How wide these lots are? MR. HUTCHINS-No. COUNCILMAN MONTESI-The adjoining neighbor how wide is that lot? COUNCILMAN STROUGH-Those lots are forty to fifty feet in width. MR. LAWLER-So it’s more than a hundred feet, I guess that answers my question. We are sorry to take your time I wish when they sent it to us maybe send a map next time. Thank you very much for your time. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 681 SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing? Seeing none, any other comments from board members I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING DENNIS AND NANCY DEFAYETTE’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 22, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Dennis and Nancy Defayette filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow an absorption bed to be located: 1. 4’ from a property line in lieu of the required 10’ setback; and 2. 86’ from a stream in lieu of the required 100’ setback; on property located at 29 Reardon Road Ext., in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on th Monday, July 25, 2011, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Dennis and Nancy Defayette for variances from the Sewage Disposal Ordinance to allow an absorption bed to be located: REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 682 1. 4’ from a property line in lieu of the required 10’ setback; and 2. 86’ from a stream in lieu of the required 100’ setback; on property located at 29 Reardon Road Ext., in the Town of Queensbury and bearing Tax Map No.: 289.7- 1-40. th Duly adopted this 25 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION JULIA L. DEWEY IRREVOCABLE TRUST PUBLICATION DATE: JULY 15, 2011 TOM HUTCHINS, AGENT MRS. DEWEY PRESENT MR. HUTCHINS-Mrs. Dewey this parcel has been in her family since 1902 it is off Hickock Lane, which is a private drive west of Pilot Knob Road just a short distance just a half a mile or so from 9L. We are proposing to replace an antiquated system with a system of holding tanks it is a one half acre parcel and geometrically we could fit a compliance system on there, however, the entire area is exposed rock ledge and it would be a tremendous undertaking in terms of rock excavation and fill material and the lake too, to attempt to put a compliance system in there they have decided that this would be the preferred approach. SUPERVISOR STEC-I, have one quick question. We have seen these before in this part of Town so I certainly understand the geology that you are talking about certainly we’ve allowed holding tanks in the past. One of the standards issues or questions that we always like to verify when we start talking about holding tanks is alarms and cutoff incorporated in the system if it reaches such and such a level that would shut off the water and what not. MR. HUTCHINS-There is a three level alarm system I believe the code calls for a two level system. This is a three level system the typical one we do is a fifty, eighty, and ninety or fifty, eighty or hundred it does interlock into the water supply so that a full tank will disable the water supply. COUNCILMAN MONTESI-Tom, I whole heartily agree with that evaluation because of the exposed rock ledge it would be a horrendous undertaking, but my concern honest and truly is how are you going to get a three thousand tank back there on that dirt road? How are you going to get a septic truck in there to pump it out it is a difficult scenario almost impossible. MR. HUTCHINS-First all that’s the logic for two fifteen hundred and not a three thousand gallon tank. COUNCILMAN MONTESI-You still have to get a truck back there. MR. HUTCHINS-They have regularly had a septic truck in and out of there to pump the current system that is failing. COUNCILMAN MONTESI-Okay. MR. HUTCHINS-It is accessible it is not easy. COUNCILMAN MONTESI-I know when I visited it; it was difficult just turning around. COUNCILMAN METIVIER-Seasonal home? REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 683 MR. HUTCHINS-Yes. ATTORNEY HAFNER-Tom you are saying instead of a three thousand gallon tank you want two fifteen hundred gallon tanks? MR. HUTCHINS-That’s correct. SUPERVISOR STEC-I think we can modify that resolution. ATTORNEY HAFNER-We can change that in the whereas and the resolved. SUPERVISOR STEC-Any other board members have questions or comments before I take public comment? Are there any members of the public that would like to comment on this public hearing, seeing none I will close the public hearing. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR THE JULIA L. DEWEY IRREVOCABLE TRUST RESOLUTION NO.: BOH23, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, The Julia L. Dewey Irrevocable Trust applied to the Local Board of Health for a § variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicant wishes to install two (2) 1,500 gallon holding tanks to replace the current septic system on property located at 29 Hickok Lane in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on th Monday, July 25, 2011, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health finds that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 684 hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of The Julia L. Dewey Irrevocable Trust for a variance from the Sewage Disposal Ordinance to allow installation of two (2) 1,500 gallon holding tanks to replace the current septic system on property situated at 29 Hickok Lane in the Town of Queensbury bearing Tax Map No.: 227.14-1-3. th Duly adopted this 25 day of July, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION ROGER HOWARD PUBLICATION DATE: JULY 15, 2011 DENNIS MACELROY AGENT ROGER HOWARD PRESENT SUPERVISOR STEC-This is for an installation of an absorption field five feet from the easterly property line in lieu of the required ten feet setback. The property is located at 95 Rockhurst Road in Queensbury. DENNIS MACELROY-ENIVIRONMENTAL DESIGN-As you indicated the proposal is for a replacement absorption field system for this property. There is currently an existing septic tank and seepage pit. The proposal is to replace the absorption field or the seepage pit with a new Eljen system just because of the topography it does require to be now pumped to that. It is not a raised system, but just the difference in elevation between where the septic tank discharge is and where the field is it will require a slight amount of pumping, but none the less pumping. We have prepared a variance plan, which you have in your file. We have submitted a design plan to the building department for their review pending this approval. It is a design again that involves an Eljen geo tech style sand filter system state of the art replacing something that is antiquated and perhaps has reached its lifetime. SUPERVISOR STEC-Dennis, of course, again as mentioned earlier tonight certainly we have seen a lot of these over the years on Rockhurst given the nature of how narrow the peninsula is and the size of the lots. Parking what is going to be from a design perspective to make sure that you are not going to have neighbors or visitors parking on top of the system? MR. MAC ELROY-The variance is for a setback to the property line as indicated and that property line is the line that is adjacent to the road. It is a natural area that could be pulled over, too, but as indicated on the variance plan to the same detail on the design plan we have indicated a barrier to be installed along there whether they be bollards or some type of decorative fence that would run parallel to the edge of the road. This particular lot does have seemingly adequate parking there is a two car garage. There is the space outside of the garage. There is actually also a supplemental parking on the south side, which would hold two cars. This particular lot unlike some on Rockhurst maybe doesn’t face those same pressures of parking. We have provided those barriers along the road and as well on one end, which doesn’t show as clearly on the variance plan, but on the design plan we have that as well. COUNCILMAN MONTESI-It is unusual to have a two car garage and then have two spaces they are taking the turnaround out it makes sense to utilize that. COUNCILMAN STROUGH-It says asphalt surface that is being taken out just to the west of your proposed system? REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 685 MR. MAC ELROY-Correct. There is currently a loop between the garage side and the supplemental parking to the south that will be effectively eliminated with some of that asphalt being removed for the system to be built within that area. Maybe it’s a win win it decreases the amount of impervious area on the lot as well. COUNCILMAN STROUGH-It is at least a hundred feet from any well? MR. MAC ELROY-Correct. There are no wells in that immediate area all those properties draw their water from the lake. The system itself is greater than a hundred feet to the lake, which the existing one currently isn’t so there is another plus to that. COUNCILMAN STROUGH-I will ask you the same question the old system is there anything that we have to do to remediate that? MR. MAC ELROY-Well what we indicated on the design plan is to excavate to the cover crush it and backfill. It is a seepage pit it shouldn’t require pumping theoretically it should have infiltrated, but crushing the structure whether it be a laid up cement block type of seepage pit or in fact a precast structure it would just be crushed and backfilled so there isn’t the potential of any kind of caving in of that in the future. SUPERVISOR STEC-The public hearing is opened if there are any members of the public that would like to comment on this particular application again, I just ask that you raise your hand and I will call on anybody. JOHN SALVADOR, NORTH QUEENSBURY-I noticed on the layout plan prepared by Mr. MacElroy that he has not reference the subdivision plat that originally setup all of these lots. The reason I mention it is that on that subdivision plat there a particular detail of how the septic systems would be laid out on Rockhurst. In particular I don’t know what the width of the current road is, but this plan calls for it to be a sixteen foot wide roadway. Then there is a minimum setback of ten feet from the edge of that road to where you should site an infiltration system so that is a requirement of the subdivision plat. COUNCILMAN MONTESI-Do you think anybody qualifies for that on Rockhurst? MR. SALVADOR-Mr. Montesi we go through this every time because no one else complies means we just keep going on. COUNCILMAN MONTESI-John through history of the last forty years of that subdivision do you think anybody qualifies for what you are proposing. MR. SALVADOR-Initially somebody broke the law I don’t know it just hasn’t been corrected. In any case I think the subdivision plat should be reference on that drawing. COUNCILMAN BREWER-Is that binding through us Bob deed restriction or whatever? ATTORNEY HAFNER-That is an issue for the property owners within the development. It isn’t Town law for you to enforce. MR. SALVADOR-Excuse me this subdivision plat was approved by the predecessor board to this public board of health namely the New York State Health Department okay, I think it is incumbent upon us to enforce it. Anyway the other question I have will the applicant in this case be required to sign this so called owner statement that I saw in the previous application where the owner hereby relieves the Town of Queensbury from any liabilities on the plumbing and septic system due to the granting of this variance is that standard? SUPERVISOR STEC-I believe it is standard I am looking for what you are referring to on my… ATTORNEY HAFNER-The owner did sign it, it is part of the application. SUPERVISOR STEC-Yeah it is dated July 5, Roger Howard. ATTORNEY HAFNER-We see it it’s in with what the Town Clerk has. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 686 MR. SALVADOR-Thank you. SUPERVISOR STEC-Is there anyone else that would like to address the board on this public hearing, any other board comments I will close the public hearing PUBLIC HEARING CLOSED RESOLUTION APPROVING ROGER HOWARD’S APPLICATION FOR A SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 24, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Roger Howard filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow installation of an absorption field 5’ from the easterly property line in lieu of the required 10’ setback on property located at 95 Rockhurst Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on th Monday, July 25, 2011, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Roger Howard for a variance from the Sewage Disposal Ordinance to allow an absorption field to be installed 5’ from the easterly property line in lieu of the required 10’ setback on property located at 95 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.: 227.9-1-1. th Duly adopted this 25 day of July, 2011, by the following vote: REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 687 AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 25, 2011 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY:MR. JOHN STROUGH RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 25 day July 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES:None ABSENT:None 2.0 PUBLIC HEARING EXTENSION OF SHORE COLONY WATER DISTRICT AND REPLACEMENT OF OBSOLETE PIPES IN THE DISTRICT PUBLICATION DATE: JULY 15, 2011 WATER SUPERINTENDENT, BRUCE OSTRANDER AND TIM BURLEY WITH BURLEY-GUMINIAK & ASSOCIATES SUPERVISOR STEC-We set this public hearing a few weeks back this is relevant only to the forty some odd water customers that are currently in the Shore Colony Water District or some of the other out of district contract district users, which through this process Bob correct me if I am wrong will be incorporated into the district so the district lines will encompass those other properties that have participated into the water district over the years as contract users. As was explained I think when we set the public hearing and certainly in correspondence to the Town Board our Water Superintendent and Engineer have explained we are replacing the entire system out there. The financing is going to be such that they are not going to need to raise any district rates because they are going to cover it from a budgeted amount and fund balance is what they are talking about. Why don’t I have either Bruce or Chris if you guys want to kind of add, I know that the Map, Plan and Report was prepared by Burley-Guminiak Associates. WATER SUPERINTENDENT, OSTRANDER-Our intention is to replace the distribution system of the whole Shore Colony Water District it was put in the fifties when Harold Veeder built the Shore Colony Subdivision on Assembly Point it has not been changed since. It has a full galvanized pipe that certainly in the last few years we have experienced numerous failures due to the age of the pipes the most recent being yesterday. The system originally consisted of a pump house with chlorination and then in the nineties due to the filtration requirements from the New York State Department of Health we built recent filtration plant that is there. This would actually bring the rest of the system of to what would almost be a new system. It is a seasonal stst system it only runs from May 1 through October 31. COUNCILMAN STROUGH-There has always been talk about making it year round is that a possibility? REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 688 WATER SUPERINTENDENT, OSTRANDER-It 2007 I actually sent out a questionnaire to the people that live up there to find out if people were interested in a Feasibility Study the letters came back two to one against. The cost there is some rock ledge up there the whole system would have to be changed it would have to be manned longer I think the cost would be outrageous. COUNCILMAN MONTESI-The pump house and filtration is not insulated. WATER SUPERINTENDENT, OSTRANDER-Right that would have to be changed also everything in that system would have to be changed. Right now the pipe that we are going to put into the ground we put in about two feet it would have to be at least five feet and there is rock ledge up there. COUNCILMAN METIVIER-There are some people that live up there year round they have wells they actually switch over and use the system during the summer time. WATER SUPERINTENDENT, OSTRANDER-Nineteen of the people have wells I would believe they would not be interested in the year round system. COUNCILMAN METIVIER-Although the water is pretty lousy up there. SUPERVISOR STEC-The public hearing is opened if there are any members of the public that would like to comment on this public hearing concerning the extension of the Shore Colony Water District and replacement of obsolete pipes within the district I would just ask that you raise your hand I will call on people. PUBLIC HEARING OPENED COUNCILMAN MONTESI-Bruce this is unusual a Map, Plan and Report it is not going to cost the taxpayers in this district. WATER SUPERINTENDENT, OSTRANDER-We are going to perform the work the Queensbury Water Department. COUNCILMAN MONTESI-With your reserve and capital fund balance its there the money is there. WATER SUPERINTENDENT, OSTRANDER-Yes. COUNCILMAN MONTESI-That is nice management then. WATER SUPERINTENDENT, OSTRANDER-Thank you. SUPERVISOR STEC-It is good management it is a relatively small district, too. WATER SUPERINTENDENT, OSTRANDER-Yes it is forty four homes. SUPERVISOR STEC-None the less you are going to be able to give a new system without changing anyone’s rates so that is good management hats off again to you guys. I am getting to sound like a broken record patting you guys on the back how good a job the Water Department does for us, but you do. Even in that twenty minute window last Friday I was still thinking highly of you. WATER SUPERINTENDENT, OSTRANDER-Thank you. SUPERVISOR STEC-But, I wasn’t caught in the shower but others probably were that happens. Are there any members of the public that would like to comment on this public hearing? JOHN SALVADOR, NORTH QUEENSBURY-When we are going to do it means the whole Town pays for it. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 689 SUPERVISOR STEC-No they are a separate district separate water district with their own fund balance. MR. SALVADOR-I understand. SUPERVISOR STEC-They are accounted separately John. ATTORNEY HAFNER-It called Force Account. MR. SALVADOR-They do account their time and everything to the district? SUPERVISOR STEC-Yes John. MR. SALVADOR-Including your time tonight. SUPERVISOR STEC-No that’s for free. MR. SALVADOR-I see. SUPERVISOR STEC-I’ll send you the bill. Is there anyone else that would like to comment, seeing none I will close the public hearing and entertain a motion? PUBLIC HEARING CLOSED PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. No B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. No C.COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal. Potential for erosion, drainage or flooding problems? Explain briefly. NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly. NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly. NO C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land, or other natural resources? Explain briefly. NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. NO C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 690 NO C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly. NO D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY. NO RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION OF SHORE COLONY WATER DISTRICT AND REPLACEMENT OF OBSOLETE PIPES IN THE DISTRICT RESOLUTION NO. 232, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly established the Shore Colony Water District (the “District”) in 1957, and WHEREAS, the Town Board wishes to extend the District in accordance with Town Law Article 12-A to include three parcels which have been out-of-District contract users and to confirm the inclusion of a fourth parcel in the District, and WHEREAS, the Town Board wishes to replace obsolete, inadequate and damaged pipes in accordance with Town Law §202-b to remedy distribution system leaking and repair problems, and WHEREAS, a Map, Plan and Report (“Map, Plan and Report”) has been prepared by Burley- Guminiak & Associates, Consulting Engineers, PLLC (“Burley-Guminiak”), concerning the proposed water district extension and pipe replacement as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply, the mode of constructing the proposed water district extension improvements and an estimate of the maximum cost of the improvement (the “Water District Extension”), and REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 691 WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), and WHEREAS, on July 11, 2011, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published, and WHEREAS, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension and Water District improvements on Monday, July 25, 2011 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Shore Colony Water District, and WHEREAS, the Town Board also wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), the Town Board must determine the environmental significance of the Project, and WHEREAS, the Town Board has determined that the Water District Extension is an Unlisted Action under the State Environmental Quality Review Act ("SEQRA"), has determined to conduct uncoordinated SEQRA review and has completed Parts I and II of the SEQRA Short Environmental Assessment Form ("EAF"), and WHEREAS, the Town has the funds to pay for the proposed Water District improvements from water funds previously expended combined with Capital Funds previously established, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension will be benefited; REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 692 3. All benefited property and property owners are included within the limits of the Extension; and 4. It is in the public interest to extend the Shore Colony Water District as described in the Map, Plan and Report; and BE IT FURTHER, RESOLVED, that it is in the public interest to acquire and construct the improvements to the Water District as described in the Map and Plan, such improvements generally being the replacement of the existing water distribution system, consisting of 4,000 linear feet of 2.5” inch diameter pipe and 1,350 linear feet of 4” diameter galvanized metal pipe and related appurtenances, with up to 2,000 linear feet of 4” diameter ductile iron pipe minimum, 3,100 linear feet of 2” SDR 21 PVC pipe, 1,000 linear feet of ¾” copper service piping and associated curb stops, corporation stops, valves and other required appurtenances, which replacement will be made on the opposite side of the road from the existing pipe in some cases, and BE IT FURTHER, RESOLVED, that the Town Board determines that there will be no adverse environmental impacts from the proposed extension of the District and installation and construction of the proposed improvements, and adopts and authorizes the filing of a Negative Declaration for the project under the State Environmental Quality Review Act ("SEQRA"), and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the extension of the Shore Colony Water District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, the construction of the improvements and the providing of service therein, and BE IT FURTHER, RESOLVED, that Burley-Guminiak is hereby authorized and directed to prepare definite plans and specifications for the proposed improvements, and to make a careful estimate of the expense and, with the assistance of Town Counsel, to prepare a proposed contract for the execution of the work, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer and/or Town Clerk to take any and all actions needed to effectuate the terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 693 RESOLVED, that this Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and subdivision 3 of §209-e of Town Law, and shall not take effect until such time as provided therein. The Town Clerk is hereby authorized and directed to post and publish the notice required for resolutions subject to permissive referendum, to make available proper forms for a petition for referendum and distribute a supply to anyone who requests them and, if no such petition is filed within 30 days after the date of this Resolution, to file a certificate to that effect in the office of the County Clerk. th Duly adopted this 25 day of July, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None 3.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the County taking over the dispatchers for the City of Glens Falls has a feeling the Town will be involved somehow. SUPERVISOR STEC-We have a third of the County when it comes to our share of the financial pie of the County. Whatever the financial impacts are of the County the Town of Queensbury has its relative share. In terms of a financial deal between the City of Glens Falls and the County have been agreed to by both parties by resolutions we haven’t signed any contracts yet. The City needs to do some things on their end that they are working on right now when they are done with that they will hammer out the rest of the details at some point a contract will be signed. MR. TUCKER-Spoke regarding the savings from this they will be saving a million two over eight years. SUPERVISOR STEC-I am sure it will save the City money, which is why the Town of Queensbury years ago shut down Queensbury Police Department and Lake George shut down Lake George Police Department. MR. TUCKER-Questioned if they are going to save it who is going to make it up? SUPERVISOR STEC-There are going to be fewer people getting paid there will be less money being spent in total. We are going to spend a little more, but they are going to pay us phase in over time we are going to be picking up more work they will have fewer people on their payroll at the end of the day as it get phased in it will be more efficient. COUNCILMAN MONTESI-Same thing has happened when Queensbury decided not to have a police department. SUPERVISOR STEC-The Town of Queensbury made payments to the County for a period of years. MR. TUCKER-That thing cost us a lot of money. Spoke to the board regarding the public hearing on contracts for a fire company in the middle of the year asked what was going on with this? SUPERVISOR STEC-North Queensbury contract is going to expire at the end of the year they proposed maintaining the same exact contract amount for the next three years so we could do it now or in November. They are the only company contract that expires this year the other four all expire next year after August we will have the fire contracts in theory all settled we will still have to work on EMS this fall. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 694 JOHN SALVADOR, NORTH QUEENSBURY-Presented picture to the board regarding Lake George noting five years ago he presented it to the board noting it isn’t news it has been going on for a long time. Spoke to the board regarding the Planning Board noting they are in the business of approving site plans there is a very strict code on what is to be included in a site plan. All too often a piece of paper is put in front of them to look at it doesn’t resemble anything like what it is supposed to be. Spoke regarding a project last month in that the easements were not mapped this project is loaded with easements both public and private what was approved was an accessory use on a lot where there was no principal use involved. COUNCILMAN MONTESI-Asked what Mr. Salvador was talking about? MR. SALVADOR-The Clairmont project on Assembly Point. Spoke to the board regarding how the project came before the board noted has taken an appeal on this project. 4.0 RESOLUTIONS RESOLUTION AMENDING AND RESTATING ORIGINAL BOND RESOLUTION AND AUTHORIZING THE ISSUANCE OF UP TO $950,000 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF CLOSURE AND REPLACEMENT OF FUEL STORAGE TANKS; AND AUTHORIZING THE ISSUANCE OF UP TO $950,000 BOND ANTICIPATION NOTES OF THE TOWN FOR THE SAME PURPOSE RESOLUTION NO.: 233, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town’s existing fiberglass reinforced plastic (“FRP”) underground fuel storage tanks were installed in approximately 1985, and the age of the tanks and the tendency of new alcohol additive fuels to reduce FRP tank life expectancy increase the risk of leakage from the tanks; and WHEREAS, the U.S. Environmental Protection Agency (“USEPA”) determined that the existing tanks are in violation of federal Underground Storage Tank regulations and has proposed an Expedited Enforcement Compliance Order and Settlement Agreement which requires correction of these violations; and WHEREAS, the Town has determined that it is advisable to replace the underground tanks in order to correct the violations and reduce the likelihood of tank leakage and costly site remediation; and th WHEREAS, on July 26, 2010 the Town Board adopted a Resolution (the “Original Bond Resolution”) authorizing the issuance of up to $450,000 in serial bonds and/or bond anticipation notes (the “Bonds/BANs”) for the purpose of paying the cost of the closure of the Town’s three existing underground fuel storage tanks and the acquisition, construction and installation of a fueling island in a different location with new aboveground storage tanks and surface spillage containment system, including related preliminary and incidental costs (the "Project"), and authorizing such specific object or purpose at a maximum estimated cost of $450,000; and th WHEREAS, on October 10, 2010 the Town issued its $450,000 Town of Queensbury Bond Anticipation Note, 2010 (Fuel Tanks Replacement Project) (the “Original BAN”) pursuant to the Original Bond Resolution; and WHEREAS, following the Board’s adoption of the Original Bond Resolution and issuance of the Original BAN, the Town was advised that the actual cost of the Project will exceed the maximum REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 695 estimated cost of the Project stated in the Original Bond Resolution because (a) actual costs of certain professional services required for the Project have exceeded the amounts used in calculating the maximum estimated cost of the Project and (b) unanticipated petroleum contamination which must be remediated was discovered in the vicinity of the fuel tanks during the removal of the tanks; and , WHEREAS although some of the additional costs can be paid from the Town’s General Engineering Fund, an additional amount of Bonds/BANs is likely to be needed to pay the total increased cost of the Project; and WHEREAS, the Town Board wishes to amend the Original Bond Resolution to increase the authorized maximum estimated cost of the Project, revise the plan of financing the total estimated cost and increase the amount of Bonds/BANs authorized to be issued; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution (the “Bond Resolution”) are to be issued is the closure of the three existing underground fuel storage tanks, including remediation of soil contamination, and the acquisition, construction and installation of a fueling island in a different location with new aboveground storage tanks and surface spillage containment system, including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of Nine Hundred Eighty Thousand and 00/100 Dollars ($980,000.00). The Town Supervisor is authorized and directed to execute any needed change orders he deems necessary to complete this Project (providing that the maximum estimated cost is not exceeded) and to make any and all transfers. The Town Board is authorized to make one or more short term loan(s) from the General Fund to pay expenses incurred for the Project after the date of the Original Bond Resolution but prior to issuance of the Bond/BAN. In addition, the Town Supervisor, the Town Budget Officer and Town Clerk are hereby authorized and directed to take all actions they deem necessary to effectuate this Resolution. Section 2. The plan for the financing of such maximum estimated cost is (a) the use of $30,000 from the Town’s General Engineering Fund and (b) the issuance of up to $950,000 serial bonds and/or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the New York Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of the Original Bond Resolution. The Town may submit applications for grants and/or low interest loans and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107.00(d)(9), a down payment from current funds is not required. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose is ten (10) years, pursuant to Sections 11(a)(35) and (88) of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 4. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 696 principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 5. For the purpose of paying the cost of the Project, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $950,000 the maximum maturity of which shall not exceed the ten (10) year period of probable usefulness set forth above and which shall mature on or before such date as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 6. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $950,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 7. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 8. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds except for the $450,000 Town of Queensbury Bond Anticipation stst Note, 2010 (Fuel Tanks Replacement Project) dated October 1, 2010 and maturing October 1, 2011, which was issued pursuant to the Original Bond Resolution. The bond anticipation notes hereby authorized are not renewal notes. These bond anticipation notes will not be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual or facsimile signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual or facsimile signature. If executed by facsimile signature, such obligation shall be authenticated by the manual countersignature of the Town Supervisor or a designated fiscal agent. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 697 however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 11. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes, and whether fixed or variable. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service for the repayment of the Bonds if he believes it is in the best interests of the Town. The Town Board authorizes the Chief Fiscal Officer to issue such serial bonds in the form a statutory installment bond. Section 12. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. Section 13. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 14. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 15. The Town of Queensbury is a town wholly or partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 17. This Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and Section 35 of Local Finance Law, and shall not take effect until such time as provided. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 698 suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. This Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. This Resolution shall take effect immediately. Section 21. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: th Duly adopted this 25 day of July, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION AUTHORIZING EXPENDITURE FROM CAPITAL RESERVE FUND NO. 64 RESOLUTION NO.: 234, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the roof on Queensbury Town Hall needs to be replaced at an estimated cost of $350,000, and WHEREAS, the Town established Capital Reserve Fund No.: 64 for this type of capital th improvement by Resolution No.: 322 ,2001 dated August 8, 2001, and WHEREAS, in accordance with New York State General Municipal Law §6-c(8), expenditure from this fund shall be made only by authorization of the Town Board, and WHEREAS, expenditure from Capital Reserve Fund No.: 64 is subject to permissive referendum pursuant to General Municipal Law §6-c(8), NOW, THEREFORE, BE IT RESOLVED, that in accordance with New York State General Municipal Law §6-c(8), the Queensbury Town Board hereby authorizes expenditure of $350,000 of the funds held in REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 699 Capital Reserve Fund No.: 64 for the specific capital improvement described above, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with General Municipal Law §6-c(8) and shall not take effect until such time as provided, and the Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. th Duly adopted this 25 day of July, 2011, by the following vote: AYES:Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, MR. Montesi NOES:None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON 2012 – 2014 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 235, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc. have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2012-2014 Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2012-2014 fire protection services Agreement between the Town of Queensbury and the North th Queensbury Volunteer Fire Co., Inc., on Monday, August 8, 2011 at 7:00 p.m., and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 700 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 25 day of July, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:None RESOLUTION APPROVING AUDITS OF BILLS – THTH WARRANTS OF JULY 15 AND JULY 26, 2011 RESOLUTION NO.: 236, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as thstth Warrants with run dates of July 15 and July 21, 2011 and respective payment dates of July 15 and July th 26, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run dates of thstthth July 15 and July 21, 2011 and payment dates of July 15 and July 26, 2011 totaling $101,042.08 and $901,962.35, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of July, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION REGARDING BREACH OF AGREEMENT BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 237, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 701 WHEREAS, by Resolution No.: 108,2010, the Town of Queensbury and West Glens Falls Volunteer Fire Co. (Fire Company) entered into a three (3) year Agreement for fire protection services dated st as of January 1, 2010 (Agreement), and WHEREAS, in March, 2011, the Fire Company contacted the Queensbury Town Board requesting a Workshop to discuss and receive permission to purchase a boat and finance the purchase, and WHEREAS, the Town Supervisor requested information concerning the potential purchase, why they felt it was necessary, and other related details, and th WHEREAS, on April 4, 2011, the Fire Company responded with some details concerning the proposed purchase, and WHEREAS, the Town Supervisor asked for further information and indicated that he did not expect the Town Board to approve the purchase and its associated financing, and WHEREAS, the Town Board received no further response and believed that the Fire Company had decided not to make such purchase and borrow such funds, and WHEREAS, in July, 2011 the Town Board learned that, despite this, the Fire Company has purchased such boat and borrowed the money to do so, and WHEREAS, in accordance with paragraph 5(A) of the Agreement, the Fire Company cannot “incur debt of any amount” without prior approval by Resolution of the Town Board, and WHEREAS, the Fire Company has in bad faith breached the Agreement, and WHEREAS, the Town has already paid all amounts detailed as due for the Fire Company to provide its fire protection services during 2011, and WHEREAS, at this time, the Town Board has not decided to exercise its power to terminate the Agreement as of January 1, 2012 for such blatant breach, but has decided it would be more appropriate, considering the needs of the Town, to decrease the amount it pays to the Fire Company in 2012 by the amount the Fire Company borrowed and spent on such boat, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, resolves that the West Glens Falls Volunteer Fire Co., Inc., has acted in bad faith and breached its fire protection services Agreement with the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 702 RESOLVED, that no further payments shall be made to the Fire Company under the Agreement until the Town Board is satisfied it has received all financial information relating to the purchase of such boat and the debt incurred to finance it, and BE IT FURTHER, RESOLVED, that the amount to be paid to the Fire Company during 2012 shall be decreased by the total amount the Fire Company borrowed to purchase such boat during 2011 plus all interest payments made or to be made by the Fire Company on such debt during calendar years 2011 and 2012, and BE IT FURTHER, RESOLVED, that such decrease shall be allocated pro rata over the payments detailed in Paragraph 3 of the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 25 day of July, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-As I made reference to before, we have for decades had Fire Company contracts with all the Fire Companies in Town over the years as things go on and Town Boards get older and wiser and see that these contracts do evolve, however, it has been a basic tenant of all the Fire Company and Rescue Squad contracts for many years now as far back as I can remember that anytime any of these Fire or EMS agencies want to take out any debt of any amount the contract reads, debt of any amount they are required by the contract to seek permission via Town Board resolution from the Town Board. The history in this particular instance was that back in March I was contacted via email looking for exactly that an opportunity to talk to the Town Board about a desire to replace a boat what happened to the previous boat is another subject. The desire for West Glens Falls to replace a boat that they felt they needed to have in their protection area. They wanted to talk to the Town Board about that because they acknowledged that they needed our permission to take out a loan. Myself and Town Board members I think is fair to say were cool to the idea of whether or not the boat was needed and certainly whether or not additional debt for West Glens Falls Fire was a good idea. Without saying so explicitly we did asked a few questions like how many calls have you had for water rescue recently tell us a little bit more about the boat. We got a little bit of that in April and when we continued to express a hesitation we stopped hearing about it from the Fire Company I guess until recently we thought the matter was dropped. It was brought to our attention about a week or two ago that in fact the Fire Company did move forward with the purchase. I contacted the Fire Company President on the telephone and asked if they bought the boat he told me they had. I asked how they paid for it he said they took out a loan. I pointed out that he needed Town Boards approval to take out a loan he said that the Fire Company and their Attorney disagreed so there we stand. It is very cut and dry and in fact any other Fire or EMS Company in Town can point to resolutions in the history where we have done REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 703 exactly that of any amount. Anyways the Town Board condemns the action taken by the Fire Company and they are in breach of their agreement with us. The terms of this resolution generally states that the purchase price of the boat by the way was just under thirty seven thousand dollars so I suppose if your cup is half full kind of of guy at least it wasn’t three hundred and thirty six thousand dollars. It was thirty six thousand eight hundred and thirty four dollars and fifty four cents. They put a seven thousand dollar down payment on it and they borrowed the balance twenty nine thousand eight hundred and thirty four dollars. Anyways the terms of this resolution are that the Town will withhold the amount of money that they paid for that boat from their contract next year. It will come out over the payments it won’t come all in the first payment of year it will prorated out of the contract next year so the taxpayer will not be footing the bill for this purchase. Talking to individual Town Board members who I’m sure some may or may not want to add tonight I can tell you they all feel pretty strongly about it. COUNCILMAN MONTESI-Dan I think you kind of sugar coated the fact that the old boat was destroyed by…. SUPERVISOR STEC-I figured there would be opportunity to talk about that in the future. COUNCILMAN MONTESI-It fell off the trailer it was twenty years old. I think the thing that bothers me most is that we do have a very effective Marine Division in the County and that division takes care of Lake George, Glen Lake, they even go up to Schroon Lake at times and the Hudson River. For another Fire Company to go out and spend thirty eight grand on a boat just boggles my mind and we gave these guys a new ladder truck this year. SUPERVISOR STEC-Two years ago. COUNCILMAN METIVIER-And the fact that a twenty year old boat really isn’t that old especially in the northeast when you are using at most three, four months out of the year. This particular boat sat in garage so it wasn’t in the water it is not taking on water it is not absorbing water. Regardless of the fact that it was dragged down the street even if they had to replace the motor in the tune of fifteen thousand dollars it certainly a lot less than what they paid. I was on their website today looking at the old boat up until the point where I am sure it fell off its trailer it was in decent shape they probably could have pursued having it fixed and they didn’t. I went on a couple websites over the weekend looking at some used apparatus, which there are pages and pages…. SUPERVISOR STEC-I was going to say I should point out they bought a new boat…. COUNCILMAN METIVIER-Similar to the one that they purchased and again a twenty year old boat is not an old boat. In this particular case even if they bought it used it probably didn’t have any hours on it this is just ludicrous this is where the buck stops because these guys did something thirty eight thousand dollars for a boat they don’t need. COUNCILMAN BREWER-What did you see as far as prices in the computer Tony what did they range? COUNCILMAN METIVIER-Eight thousand to ten thousand I mean there is stuff that they could have purchased locally even if they wanted to do a more national search for fire type vessels there was stuff out there. I mean you are talking ten, fifteen thousand dollars for decent stuff. I mean the fact that they went and bought a brand new boat it just I don’t… COUNCILMAN BREWER-I would agree they could have got a used boat second hand some for ten or twelve thousand it would have served the purpose. COUNCILMAN METIVIER-They are arguing the fact that in the event of an emergency they have to go to the fire station get the boat hook it up to a trailer. SUPERVISOR STEC-Correctly. REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 704 COUNCILMAN METIVIER-You hope. Bring it to the launch site launch it then get to the scene or whatever it is you are talking about this just defies logic here. COUNCILMAN MONTESI-I am surprised they haven’t started a dive team yet. COUNCILMAN METIVIER-They are working on it this one has me really upset. I have talked to Dan about this at length we just a boat last year granted it is not easily accessible to the Hudson River this is just ludicrous spending I for one as a taxpayer am not going to pay for it. SUPERVISOR STEC-Anybody else not to put anyone on the spot. COUNCILMAN STROUGH-I read 5A and I guess their lawyer read it I don’t know what he was reading, but you know for the public. This is 5 – Restrictions on Purchase Sale or Disposition of Fire Company Assets. A. The Fire Company agrees not to purchase or to enter into any binding contract to incur debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real property or make any improvements thereon with the value of fifty thousand more without prior approval by the resolution on the Town Board of the Town of Queensbury, I think it is pretty clear. SUPERVISOR STEC-Again what bothers me is clearly they understood that they needed permission because they asked for permission. When permission wasn’t granted then it got quite then a few months went by then a friend of Tim’s tells him, hey I just saw a boat getting lettered sure enough they bought a boat. COUNCILMAN METIVIER-I look at it maybe we didn’t follow up correctly, but when the conversation just ended I just assumed the conversation was over. SUPERVISOR STEC-They end there is no resolution then that’s not permission. COUNCILMAN METIVIER-Again, just cannot believe we are here talking about this tonight. SUPERVISOR STEC-This is taxpayer money there is a system of contracts in place. We don’t want to run the Fire Companies, but for crying out loud they don’t have any other contracts out there with somebody else that is going to buy that boat. The purse strings the taxpayer’s interests are safeguarded by members of the Town Board and our contract. If the contract is not good and enforceable then we have other problems so I think we owe it to the taxpayer’s to make sure that we defend this contract. Enough soap boxing from the five of us we will be reading about this for the next two weeks I am sure, but I won’t mind reading it let’s go ahead and vote. 5.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisors Monthly Report for June for Community Development and Building and Codes on file in the Town Clerk’s Office. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? None COUNCILMAN STROUGH ? Queensbury Senior Citizens are holding a Giant Garage Sale and Auction at the Queensbury Senior Center on Saturday, August 6, 2011. At 8:00 a.m. to 1:30 p.m. there will be a Garage Sale at 1:30 an Auction also there will be home baked goods all day and lunch there will be hot dogs, chips, and beverages. COUNCILMAN MONTESI ? None REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 705 COUNCILMAN METIVIER ? Spoke to the board regarding the corner of Bay and Quaker Road Apologized up front if he missed anyone name noting the corner of Bay and Quaker was originally designed by Drew Monthie and Greg Green. This year if you noticed any people on the corner working they have been all volunteers except for when they put the flag pole up that was done by the Town. Thanked the following volunteers Jan Spellburger, Garnet Hannan from the Sandy Hill Garden Club, Nancy McDonald, Sharon Lamb, June Maniacek, Mary Lee Gosline and all the Friends of Hovey’s Pond and John Strough. ? Spoke to the board regarding Beautification Awards will be doing these this year. If you seen anyone whose home is outstanding and you would like to nominate them for a Beautification Award you can email me or any of your Ward Councilman it would be wardone@queesnsbury.net two, three or four. We will get them to the Beautification Committee you can do the same for businesses throughout the Town. ? Spoke regarding an algae bloom up north in the mother bunch noting he was surprised to find this. We have been talking about banning phosphorous fertilizers and here when we are up in the mother bunch where there are no residential applications at all there was a huge algae bloom up there. The Fund for Lake George has asked people to please take a look at their docks around the lake for the Asian clam they did spot a second concentrated area, which has them, concerned they are looking for more. If you see any of these clams you can report it to Lake George Association or the Derrin Freshwater Institute or the Water Keeper or contact me I will make sure to get them the information. SUPERVISOR STEC ? There is a meeting scheduled next week in Bolton I will be at that meeting Assemblywoman Sayward and Senator Little will be there. I think members of Congressman Gibson Office will be there to see if we can’t get this benthic matting noting this is a very expensive procedure. We want to crush this species in its tracks before it takes over the lake the idea being prevention verses cure. Now they have had the second one sprout up, which is why the LGA is asking for everyone to look for this. In the next two or three months we will be having a public hearing on our own fertilizer legislation that addresses Lake George. ? Thanked sponsors and Look TV for televising the board meetings. ? Towns website www.queensbury.net RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 238, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 25 day of July, 2011 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None RESPECTFULLY SUBMITTED, REGULAR TOWN BOARD MEETING 07-25-2011 MTG# 21 706 DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY