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2011-09-26 MTG #26 REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 828 TOWN BOARD MEETING MTG. #26 SEPTEMBER 26, 2011 RES. 288-301 7:00 p.m. BOH 28-29 TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 288.2011 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 moves into the Queensbury Board of Health. th Duly adopted this 26 day of September, 2011 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi QUEENSBURY BOARD OF HEALTH 1.1 Public Hearing on Sanitary Sewage Disposal Variance for Marion DeMarco NOTICE SHOW PUBLICATION DATE: 9-16-2011 Supervisor Stec-This property is looking for the installation of a five thousand five hundred and sixty gallon replacement holding tank system and allow placement of such system five feet from the west property line in lieu of ten feet and forty five feet from the northwest shore line in lieu of fifty feet. The property is located at forty three Rockhurst Road in the Town of Queensbury. Mr. Center I suppose your the engineer on the project. Engineer Tom Center, Nace Engineering-Yes, Sir Supervisor Stec-Good evening I will open the public hearing and do you have anything else that you would like to add? Councilman Brewer-Tom how do you get fifty five sixty eight? Engineer Center-What we have to do is because of the buoyancy affect we had to look at the tanks, the weight of the tanks, we actually have to put some concrete inside the tanks. We are in a very tight area there, normally we want to try to put anchors on either side but if we do not have the space because of the foundations for both buildings and what not we need to put the concrete in the middle of the tanks. Councilman Brewer-The concrete displaces the REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 829 Engineer Center-So, the concrete is going to displace the sewage Councilman Brewer-capacity.. Engineer Center-so that is why we do not have six thousand gallons because we are adding three inches of concrete to each tank. Councilman Brewer-Got it. Supervisor Stec-Do you have anything else you want to add. I know Rockhurst, you have limited space probably on Rockhurst forty five feet out of fifty is actually probably not bad. Engineer Center-We are right now the very narrow section of Rockhurst which also has high ground water issues. We have assumed ground water would be right at the top of the tank for the buoyancy calculations that is where we came up with three inches of concrete to the added weight to compensate for the buoyancy affect. Supervisor Stec-Again, to be perfectly clear, correct me if I am wrong, we are replacing an existing holding tank system with a new holding tank. Engineer Center-We are replacing an existing seepage pit it may be a holding tank it probably was a metal tank. It is original to the structure and it more than likely probably is in failure. There is not sewage at the top but it is in ground water and probably is in failure at some point in time. This system is going to serve not only the cottage but also a single bathroom for the marina that is existing use that is there. We did not want to go over the six thousand gallons we ran the calculations there is an ebb and a flow part of this project is we are going to put in a water meter on the water side of the system so that the homeowner the marina owner can look ahead to when the system is going to need to be pumped out. So, that she does not have to deal with the alarm, she will know ahead of time that the system is becoming full and needs to be pumped out. They will monitor that and over the years she will figure out a process of how often it needs to be pumped out. Supervisor Stec-All right, the public hearing is open if there is any members of the public that would like to comment on this sanitary sewage disposal variance I just ask that you raise your hand and I will call on folks one at a time. (No one spoke) Does the Board have any other questions for Mr. Center? (No one spoke) Do we have any correspondence, Darleen? Town Clerk Darleen Dougher-No Supervisor Stec-I will close the public hearing, and entertain a motion to approve. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR MARION DEMARCO RESOLUTION NO.: 28, 2011 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Marion Demarco filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, to allow installation of a 5,568 gallon replacement holding tank system and allow placement of such system 5’ from the west property line in lieu of the required 10’ setback, and 45’ from the northwest shoreline in lieu of the required 50’ setback, on property located at 43 Rockhurst Road in the Town of Queensbury, REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 830 WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the th variance requests on Monday, September 26, 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, it is felt 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 applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Marion Demarco for variances from the Sewage Disposal Ordinance to allow installation of a 5,568 gallon replacement holding tank system and allow placement of such system 5’ from the west property line in lieu of the required 10’ setback, and 45’ from the northwest shoreline in lieu of the required 50’ setback, on property located at 43 Rockhurst Road in the Town of Queensbury bearing Tax Map No.: 227.13-2-22. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH MEETING RESOLUTION NO. 29.2011 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 831 RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Board of Health Meeting and moves back into the Town Board Meeting. th Duly adopted this 26 day of September, 2011 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi TOWN BOARD MEETING 2.0 PUBLIC HEARING 2.1 Glen Lake Aquatic Plant Growth Control District 2012 Benefit Tax Roll NOTICE SHOWN PUBLICATION DATE: 9-16-2011 Supervisor Stec-Just to catch everyone up to speed on what we are doing it is not a rerun of Gilligan’s Island or anything like that, we did have a public hearing about a month ago on the formation and creation of the district and it was certainly well attended and we spent a great deal of time on that. There was a lot of work up to that very night of that meeting with representatives of the Glen Lake Association for just hammering out expectations of what the scope of the district would be. That public hearing was separate from this one. This public hearing is regarding benefit tax roll and in fact I think at that meeting when we had that public hearing that created the Glen Lake Aquatic Plant District we had the three annual benefit tax roll public hearings associated with the three sewer districts. So, for any time you have a benefit district which Glen Lake’s Aquatic District is that kind, once a year you need to conduct a public hearing that basically says, here and this is required by State Law, here is the district here is what the rate is going to be per unit in the district. From the feedback that we had at the public hearing when we created the district and in follow up communications with Paul Derby and some of his board that have been working on this the number that we landed on for 2012 will be a hundred and thirty two dollars per unit. So, the home unit on a lake will pay one hundred and thirty two dollars those that just have lake access but are not are half units so they will pay half of a hundred and thirty two dollars. Once a year about this time of year you can expect in the future for there to be a similar public hearing, and again we have been doing that for years for the sewer districts but this is new, certainly to you all because you are not in a sewer district but it will be a routine occurrence required by State Law. So, it is a separate public hearing and with that as a preamble and looking at our Attorney it looks like he agrees with what I said and does not want to add anything. Town Counsel Bob Hafner-That is exactly right. Supervisor Stec-Ok. Thank you. Ok, I will open this public hearing if there are any members that would like to comment on the Aquatic Plant Growth Control District Benefit Tax Roll for 2012, and I would ask that you raise your hand one at a time I will call on folks and when you get to the microphone please state your name and address for the purpose of the record. Is there anyone that would like to comment on tonight’s public hearing on that? Dean Boucher, Mr. Boucher. Mr. Dean Boucher-Glen Lake Road - I just wanted to thank the Board and all the people who worked on the committee as well as the District to put this forward and as quickly as you did. Since the last public hearing we had, we had to put together the budget which came up a hundred and thirty two dollars. It was a lot of work for everybody but I appreciate everybody spending all the extra time you had to. Thank you very much. Supervisor Stec-You are welcome, Dean. Thank you, likewise it was a pleasure to work with you all on this and we know it is a big deal for a lot of different reasons and we appreciate that REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 832 feed back. Is there anyone else that would like to comment on this public hearing? Yes, Mr. Kuhl. Mr. Ronald Kuhl-31 Dineen Road - The number one thirty two was that the number you got from our budget meeting when we sat and talked about? Supervisor Stec-That was the number that I believe came out of internal meeting that you had and was communicated to me by Paul Derby a few weeks ago. Mr. Kuhl-Ok, that was predicated on lesser parcels than you have in the list that you sent us. The list you sent us is three hundred and thirty two point thirty six shares, units whatever you want to call it. We based it on two eighty five, five so our budget is ninety two thousand for the three years. If you go at one thirty two you are way over it. Now, is that number locked or is that just what you are with because Supervisor Stec-That one thirty two tonight is a high water mark there will be a number tonight and it will not be higher than one thirty two. Councilman Brewer-Can it be lower Bob can we collect lower than? Town Counsel Hafner-If that’s, you are having a public hearing if the Town Board wishes to decide to do that you can. Mr. Kuhl-Because, our calculations were ninety two thousand for the three years based on the eighteen you have now. Councilman Brewer-This is per year we do this not three years. Supervisor Stec-And with trying to spread it out Mr. Kuhl-Right, right, but we backed it and we took three years and we backed in because we are not going to have, we only treat, historically we have not treated eighty thousand dollars a year it was every three years. Right, so we have Councilman Brewer-So you are going to get a third, a third and a third and then the third year do it? Is that what you are saying? Mr. Kuhl-Well this is historically that is what has occurred. So, that is how we presented it. Supervisor Stec-Well, I guess the one thirty two number was a number that Paul Derby communicated to me. Where he got that number from or what his rational was or what his math was I did not check his math. Mr. Kuhl-I have it. It also suggests that the Town is going to contribute six thousand fifty is it? Supervisor Stec-Sixty five hundred it is whatever our share is times or 15%. Mr. Kuhl-What is that calculated on, do you remember? Supervisor Stec-15% Mr. Kuhl-Of expenses or revenue? Supervisor Stec-Of whatever the district is, we are 15% . Mr. Kuhl-Of what we collect Councilman Brewer-Fifteen units Supervisor Stec-The total amount collected, we collect a hundred thousand we are on the hook for fifteen. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 833 Mr. Kuhl-So, I think you should re-look at the numbers because our budget was based on ninety two thousand for three years and that is where the one thirty two came from. Supervisor Stec-I imagine you must have calculated what you think a new number would be based on your math do you have that handy? Mr. Kuhl-Ninety two dollars a year. Supervisor Stec-Ninety two dollars so we are talking about a difference of forty dollars. Mr. Kuhl-Based on if the amount of parcels, units, on what you gave us from the tax map is three thirty two the number can be less than one thirty two. Supervisor Stec-The number will not be higher than one thirty two tonight that is just how public hearings work on something like this. Town Counsel Hafner-It is also something you could have for next year you could have the adjustment then. Councilman Metivier-Lower or the third year. Mr. Kuhl-Yea, but why start high when you are way over? Let’s start lower. Supervisor Stec-If we are way over. Councilman Metivier-There are also costs this year. Mr. Kuhl-Yes there are and the costs will be carried. Supervisor Stec-You are saying you factored in the formation costs into the ninety two, right. Mr. Kuhl-Yea. If you do the math we will cover that eighteen without a problem. Councilman Metivier-And the half units. Mr. Kuhl-Yea. On your tax map you have land people that own land that is not a full unit Supervisor Stec-It is half a unit. Mr. Kuhl-When I saw three thirty two I was quite surprised. Supervisor Stec-One thirty two. Councilman Brewer-One thirty two. Supervisor Stec-We are already on the hook for one thirty two I do not want to be on the hook for three thirty two I …somebody slit my tires. Mr. Kuhl-No three thirty two is the amount of unit houses. Town Counsel Hafner-That includes the towns. There is a factor in there for the town. Supervisor Stec-That includes the town. Town Counsel Hafner-I do not remember how the … Supervisor Stec-Fifteen percent of that. Town Counsel Hafner-there was like fifty of those units I think were the towns. Sixteen point six two if you look at the third to last page there are three Town of Queensbury parcels and the assessor allocated our units equally. So, if you add them up that is where we get out our fifteen percent. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 834 Mr. Kuhl-When you do the math it is ninety two dollars a year. We will make ninety one thousand in three. Councilman Strough-You got two hundred and sixty six properties at a full unit times a hundred and thirty two, that is thirty five thousand one hundred and twelve dollars. Mr. Kuhl-You can do that but John, this is the document that you sent us it has everything included in the tax district. Councilman Strough-I am going according to the original contact thirty nine times the half figures which is you know sixty six dollars that is two thousand five hundred and seventy four for a total of not including the town thirty seven thousand six hundred and eighty six and then the town contributes its fifteen percent. So, that is roughly about a third of the costs. So, it is on line with Mr. Kuhl-If you use the numbers that we used, yes your right, but this is what you sent us as that is going to be included in the district. Councilman Brewer-What he is saying John it is too high. Mr. Kuhl-No I am saying there are more than two hundred and sixty six full. Councilman Strough-No, he is agreeing with this but he is saying Mr. Kuhl-There are more than two hundred and sixty six full. Councilman Strough-We should have that corrected because here is the contract here is what it says it was reviewed quite thoroughly there are two hundred and sixty six parcels full unit, thirty nine half unit those are the figures. Mr. Kuhl-They are not accurate according to the information you sent. Councilman Strough-But, they are according to the information in the contact, so we should have that .. Supervisor Stec-Bob you look like you would like to say something. Town Counsel Hafner-If there were, and again, I do not what numbers, I do not remember from the thing, but if you had two hundred and eighty five units that is, we have three thirty two and if you minus the fifty for the town you get to two eighty two and if you add the three that those represent that is two eighty five, so we might have had the same numbers that they had but when they did their numbers I assume they factored in the fifteen percent on the contribute. So, it looks to me like the numbers are exactly what Supervisor Stec-I would just say the other thing Ron is that the discussion at the public hearing and all the discussion leading up to this is that the expectation of what the unit price was going to be for everyone was not a number under a hundred it was a number in that one twenty to one thirty range. Town Counsel Hafner-It was one twenty five, that I recall. Supervisor Stec-So, one thirty two is much more representative of the discussion then ninety two. Mr. Kuhl-When your document surfaced it talked about more units, and this is what the tax district is made of, correct, that is what it is. It is entitled that, you have your tax map numbers and the properties full share, half share. You know the number is three thirty two it is not two eighty five. Town Counsel Hafner-The number was two eighty five and this number is still two eighty five but the towns parcels are included at sixteen point six two for one, because that is how the math REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 835 worked out. The Assessor did the math, but I mean it is still the two hundred and eighty five units that we had on the map, plan and report, that is exactly right but there had to be some method for the town to get up to its fifteen percent. Councilman Brewer-It had to be the formula for our fifteen percent. Town Counsel Hafner-The Assessor took the total and it ended up that each of our units ended up to being sixteen point six two. Councilman Metivier-So, if you back our number out for the Town of Queensbury Town Counsel Hafner-You have two hundred and eighty two plus our three. Mr. Kuhl-I think you should just look at it, I think one thirty two is high. Supervisor Stec-All right, well, let’s hear from everybody else see if they all agree with you? Mr. Kuhl-As we go through this if we don’t want to do this anymore how does this district dissolve? Supervisor Stec-I thought we covered that a month ago Mr. Kuhl-I was out of town, so if you do not want to go over it again, I will read the minutes. Supervisor Stec-You can do that, the bottom line is, there is a mechanism to do that. Mr. Kuhl-Ok. Supervisor Stec-That there wasn’t used to be until recently. Councilman Strough-First of all you start defunding it, that pretty much ends it but, there is process Supervisor Stec-You can always defund it. Mr. Kuhl-But, John once taking money out of us and you have the pot how do you defund it? Councilman Brewer-Just don’t stop paying it, using the bonds up and that is the end of it. Supervisor Stec-You have a public hearing and the majority say we do not want to pay for this anymore and we zero it out. Councilman Metivier-We set it up so you have say in it. Mr. Kuhl-If in fact what I am suggesting is so, what happens when we have too much money one year and we do not need it or suppose we Supervisor Stec-It sits in a fund balance for this district it does not go for a park, we covered this a month ago too, it sits in a fund balance specifically by law earmarked only for this district, so if we over collect one year and you do not spend it all and you got a little left over, you have a little left for the next treatment three or four years from now. Councilman Brewer-It rolls over. Supervisor Stec-It rolls over but it stays by law dedicated to the district. That is how all districts work we have got a couple dozen on them in town and that is how they work. Councilman Metivier-You know the next year if you had a fund balance the amount collected would be lower to reflect the fund balance. You are well protected. Mr. Kuhl-Now, I also understand that there is going to be somebody between GLPA and the Town Board an advisory group? REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 836 Supervisor Stec-Yes. When we formed the district that was what was important to those that were present and that is provided for in the district. Mr. Kuhl-I also understood that you made the recommendation that not everybody be GLPA members, is that going to be a standard or just your recommendation? Supervisor Stec-That was one person’s off the cuff maybe we could do it this way to be all as inclusive as possible. We have not formed it yet and we are looking for some feedback from the Glen Lake folks as to who is interested. We do not want to appoint people that are not interested, we want the willing not the unwilling. I would like, while I would like diversity of opinion I would also prefer people that can row in the same direction and you know communicate with each other and form a consensus and say this is you know, save us time, save us aggravation we are looking for something that is widely supported. The ship sailed on seeking unanimous support for me eleven years ago, after my first year on the Town Board. I still like better than fifty one percent I would like have that seventy or eighty percent think that this is the right thing and I think that we have got tonight, two years from now we might not have. Mr. Kuhl-Because we came up with names and I did not know if you Supervisor Stec-No one has given me any names yet but I am interested in seeing what those names are and we would be happy to work with them, in the interim we worked with the people that we worked on hammering out the final details on that which was Don and Dean and Paul. Councilman Strough-And here is what the district description describes, the Town Board will operate the district and be the governing body for the district operations. The Town Board intends to form a district advisory committee which would initially would be made up of property owners within the district and members of the GLPA. Supervisor Stec-Which they could be all one in the same, district members in the GLPA but not necessarily limited to GLPA members. I think that is the point that we were trying to go for. Mr. Kuhl-When do you want to get together and talk numbers though? Supervisor Stec-Not tonight. Councilman Brewer-Not tonight. Mr. Kuhl-Thank you. Supervisor Stec-You are welcome, thanks Ron. Is there is anyone else that would like to comment on this public hearing? Mr. Underwood Mr. Jim Underwood-99 Mannis Road over on Glen Lake - Just as a follow up to Ron’s query there also, I did go down through the list of all the properties and you know that you have some missing items on there because we did have one large subdivision that went through in the last year and I do not think that is reflected in here of the new parcels that were created in that and I just wanted to bring that to your attention because that would be four or five more which would lower everybody’s bottom line a little bit further possibly. Also, as far as the future goes the blank lots that we have which may or may not be built out at some point in the future, other further subdivision properties on the lake I wish that we would take those into account and update that list as necessary too, because I think that, that makes everybody share the burden equally and other than that I thank you for your time and I know it was a lot of time and effort that went into it, I hope for the best. Supervisor Stec-Everyone wants to do the right thing for the lake all of us and I know you do to and thank you, thanks for your comments. Town Counsel Hafner-The subdivision should automatically factor in so if it didn’t I will have to talk to the Assessor about that, it should automatically factor in. I will make a note to talk with Teri. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 837 Supervisor Stec-Is there anyone else that would like to comment on this public hearing? OK, Tony you have something? Councilman Metivier-I was just thinking as I was listening if we have, where do we want to be at the ten of the three years, ninety two thousand? Supervisor Stec-I do not have the calculation with me. Councilman Brewer-Somewhere around there because there is no way to know exactly what it is going to be. Councilman Metivier-If we took a number and backed, we do the math afterwords. Supervisor Stec-Ideally what is going happen in the very near future maybe not next month but in the next few months is we are going to be working on what is the game plan the time line of when that first shot going to be, what are we going to do and then obviously we will not know how much that is going to cost until they get ready to do that. At this point it is a budget, it is a best guess. Town Counsel Hafner-Paul, gave you that and the board felt that they agreed with it. Councilman Metivier-I am surprised because we came up with a number that we thought was a little bit lower than they originally thought, so I thought we were in a good place with this. Supervisor Stec-I think so too. Councilman Metivier-I do not know, you know, what to do except to Supervisor Stec-Well again, the bottom line is as what you said everyone is well protected here, if three years from now we put a shot in and it uses seventy five percent of what is available then great whatever is left over we will stay there for the next future. Like any dynamic system we are going to have an ….until you settle out on what the average is going to be if you are good at it. We will know more as time goes on, tonight, three years from now could we say you know what it could have been a hundred and twenty and not one thirty two yea, sorry in advance if we are off by twelve bucks tonight. But, the thing is it is not like whatever is left is going to go somewhere else it is going to be there earning interest on your behalf on the districts behalf for use by the district in the future so it is not like it is going to go to, you know Vegas or another district or another use in the town it will be by law restricted to that district. Any other comment, I will close this public hearing. Is there any SEQRA we need to do Bob? Town Counsel Hafner-No. Supervisor Stec-You are sure? Town Counsel Hafner-I am sure. Supervisor Stec-All right somebody would like to make a motion? RESOLUTION ADOPTING GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2012 RESOLUTION NO. 289, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 838 WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2012 and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and th WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26, 2011 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2012, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. th Duly adopted this 26 day of September, 2011 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi Discussion after vote: Supervisor Stec-We are one step closer and thanks again for everyone’s patience and we will get there and keep us on our toes and we will continue to work hard for you and make sure we get this right, but I think we are in the right direction. HEARING McDonough DBA Graycourt Motel and Thomas J. McDonough Law Office’s application for variance/waiver request from Sanitary Sewer Connection Requirement Set forth in Town Code Chapter 136-Sewers and Sewage Disposal Supervisor Stec-We have done these off and on for this district and other districts over the years, this district is seven years old now and most have connected and there are still about a dozen that haven’t connected for various reasons and some are up for renewal and some are not yet up for renewal. There has been some discussion amongst the Board as to how much longer we want to continue to exercise our discretion in granting these variances. But, tonight what we have before us is one and if Mr. McDonough wants to come to the microphone, I know that Mr. McDonough has REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 839 talked to myself and some of the other Board Members about his concerns and I imagine you might want to share them with us again tonight. Hi, Tom. Mr. Thomas J. McDonough-My residence is 28 Twicwood Lane, Queensbury, NY. With office address of 1088 State Route 9 and motel at 1082 State Route 9. Just a brief history about the area motel. When we started here there was a total of twelve motels between Alpenhouse and One Forty Nine. Four of them were on the west side of the road and eight of them on the east side of the road. About two hundred and fifty rooms encompass those motels today plus more than fifteen hundred rooms in the area. This year we just finished our forty eighth season and basically it is a seasonal motel, six to eight weeks good operation it takes another month to open and another to close. In the sewer district as you have it now you have approximately one hundred plus or minus improved parcels that are part of the district only fifteen of which are not hooked up who are in various stages of request for variances. Of those fifteen three of them are seasonal one is the Lake George Campsites one is the drive in movie and the other is our parcel. The buildings were constructed for the State of the Art that existed at the time, they are not state of the art that could be operated any fashion all year round and the business does not warrant it. Again we are the only.. motel left on the road there, look up and down that is it. One of the difficulties with respect to hooking up on this parcel is first of all it has three different levels of elevation. One being the street level, one being about forty foot up and another one ten feet higher than that. So, you have three levels to put piping in. To go from the street or the hook up, I am sorry, to the farthest point is approximately four hundred feet. That would hook up five units which run with the lateral there would be approximately one hundred feet. The second level the lateral is about three and twenty five feet it is in the paper that have been submitted. The lateral on the lower units would be approximately ninety feet or eighty feet it is a thousand feet plus or minus and that is just to get there. They are the problems that create the expense that is necessary to hookup. I meant to do this but I finally got some current values from the people that submitted information to us before. (passed out to Town Board) As a preamble to going forward the assessed valuation for this property is eight hundred thousand dollars the fair market value is one point one million according to the record for the town. Based on the income method of determining whether or not this property is viable for any use, the only use is for us because we do not have the carrying burden of financing on the property. We are caretaker for the property at this point just like many of the old properties. Nobody could afford to buy it and operate it and pay the carrying charges. The expense of putting the sewers in, Kubricky has now come up to one hundred and one thousand dollars, O’Connor who submitted the last bid and is up to seventy two to seventy four thousand dollars, Mr. Drellos did not get back to me but if you increase the amount of his estimate from the last time to approximately twenty percent increase this time he would be in the seventy thousand dollar category also. Checking with the banks borrowing of a hundred thousand dollars they are only giving seven years out on it at seven percent comes out to eighteen thousand dollars per year for amortization on a seven year note. Looking at the sale tax numbers, and you folks know that and just look at sales tax income and if you terpolate our sales tax payment to the County with Town Bed and sales tax is eighty three hundred dollars. , Sohypotheticallylooking at let just go hypotheticallythat would leave a gross of seventy five thousand dollars. You have to make that, but out of that seventy five thousand dollars there is Town and County, School and sewer tax twenty two thousand dollars. Which you are down at this point now two fifty three thousand dollars of workable money. With that amount of money I would point out that operating expenses regardless of what you take in on an annual basis for telephone, cable, utilities, insurance and advertising is twenty eight thousand seven hundred dollars. That leaves you with twenty five thousand dollars to operate a motel. If I put the burden of eighteen thousand dollars on top of that I have got seven thousand dollars working money, based upon the fact of that income. It is a burden we cannot sustain, it is financially impossible. I have tried to get this across before but technically if I had to do that we would be better off not being in business, it is as simple as that. Councilman Brewer-What if we asked you to in the next year come up with some kind of plan to possibly just hook up the office or the nearest buildings to the road? Is there one building nearest to the road? Mr. McDonough-There are two buildings nearest the road, one is, are we talking about the motel or the office? Councilman Brewer-Correct Mr. McDonough-We could work something like that I am sure it is workable. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 840 Supervisor Stec-There are two parcels here Mr. McDonough-There are two parcels, my office then the motel office. Councilman Brewer-So, how far or how expensive or how hard would it be to hook up those two offices? Mr. McDonough-I can’t give you a price but it would certainly be an awful lot less than it would to hook up Councilman Brewer-I would propose that if we give him the extension for this year by the time you come back to us next year you have some kind of a estimate or plan or Mr. McDonough-With respect to those two hookups? Councilman Brewer-Correct. Supervisor Stec-I would feel better if those two were hooked up this time next year. Councilman Brewer-Well, let’s see how much it is Dan I do not have a problem with it and I am just speaking for myself if he came back maybe in six months with a plan. Certainly he is not going to get it done right now because we are going into, buy the time he got, I mean, I suppose he probably could. Supervisor Stec-It has been seven years. Councilman Brewer-I understand that. I am just saying that I want, I would like to see some kind of effort towards getting that place hooked up. If it just be the offices then you know that is a lot less strain on what we have out there right now. Mr. McDonough-I agree with you. Councilman Strough-When were the septic systems installed? Mr. McDonough-By the way the septic systems have been inspected regularly, Mike Shaw requires it as a preliminary to even come here. Let’s see the I would say that it was built in stages, the upper units the septic systems were installed in the 70’s, late 60’s that is when we started moving the cottages back from their position up to a higher position and putting in the motel units. So, one set of motel units were put in the mid 60’s one late 60’s and the last one was in the late 60’s too. The lower units had new septics put in the 70’s also. Councilman Brewer-So, we are talking septic systems that were Supervisor Stec-Forty years old. Councilman Brewer-Almost as old as Daniel. Supervisor Stec-Almost. Councilman Brewer-That is what I said almost. Supervisor Stec-Still going strong though. Mr. McDonough-Actually, and so are the septic systems by the way. That area from Miller Hill down as far as Round Pond Road is nothing but sand. It is the best leaching Councilman Brewer-I do not dispute that. Mr. McDonough-in the area. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 841 Councilman Brewer-Most of Queensbury is sand. My goal here is to start the process of maybe hooking up just the offices that would be my proposal for this extension. If you are at least start to work on getting it hooked up. I understand the hundred thousand dollar expenses is kind of out there and you know I do not know why it is so expensive only because of the elevation, I just do not have an answer to that. I would like to see Supervisor Stec-Thank God it is downhill and not uphill can you imagine if you were pumping uphill? Mr. McDonough-But it is the same problem in reverse because you cannot let it all run at high pressure otherwise you have a blow up, that is why we require these other concert fixtures in the ground. Councilman Brewer-Tony how do you feel about that? Councilman Metivier-That is decent to me I can live with that. Councilman Brewer-Is that amendable to you? Mr. McDonough-To hook up both offices. Supervisor Stec-Both offices. Mr. McDonough-Ok. Councilman Brewer-It is a start. Mr. McDonough-Wait a minute, if I am going, if we are going to do this piece meal the end of result is going to be the same. Councilman Brewer-Not necessarily. Councilman Metivier-What you need to do is go back O’Connor and Kubricky and say you know can we do this in stages, at least look at it to do it in stages. Councilman Brewer-It may not end up having to do the upper level piece unless it is sold or something. Councilman Strough-What you are saying is next time Mr. McDonough comes in next year that he has a plan or program in place and prices for hooking up the two offices. Supervisor Stec-Or even better yet, installed. Mr. McDonough-Well, how do we know what, the feasible thing to do? Councilman Metivier-Well that is why, we don’t Councilman Brewer-How about we do this, we grant the extension predicated on him getting the prices and if it is reasonable to do it and he will communicate with you or me or John I do not care but I do not want to just keep going year after year, after year, after year, after year. Supervisor Stec-Well have him get us prices in six months. Councilman Brewer-Get us prices in six months or three months. Supervisor Stec-We can make this a six month extension, right Bob? Town Counsel Hafner-Right. Mr. McDonough-It doesn’t matter we are closed now anyway. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 842 Councilman Brewer-Well then it should be easy you do not have the time to take up for the hotel you can take care of. Mr. McDonough-I will get right cracking on it. Supervisor Stec-Well, I mean we can make it a six month extension and then. Councilman Strough-I am comfortable with making it a one year extension and have him come with a plan a program and some prices for what it is going to cost to hook up with the intent to hook up. Councilman Brewer-That is fine, John but I do not want to go next year and have him with prices and then say ok, well we are going to do it again because I want to see ..process. Supervisor Stec-Because this septic system is not going to last forever. Councilman Strough-Well, like I said with the intent. Mr. McDonough-You do not understand you folks are all, so the health department approves the septic systems and for everything else that is on so if there is a failure of the septic system you have control. Supervisor Stec-Well if there is a failure as a matter of fact all of our extension say if there is a failure you lose your variance and you will connect. That is what they all, the five that you gotten all say that. Mr. McDonough-It says a change I think or whatever, whatever, it is a detail. Town Counsel Hafner-And further more if the septic system has been determined to fail or is modified then the variance is terminated and you must connect. Supervisor Stec-That is what tonight’s read but the others read very similarly to that. Councilman Strough-So you use the systems about four months a year. Mr. McDonough-Four months a year at a maximum then they go to sleep for a year. Councilman Strough-So, the average systems last twenty years but that is used full time. Councilman Brewer-Do the math John. Councilman Metivier-It is still in the ground full time. How many units total you do have? Mr. McDonough-A total of twenty five units. Supervisor Stec-As I mentioned to you before Tom, this isn’t necessarily for you it is about you, for us we do not look at things in a vacuum we are taking a step back and looking at the bigger picture and the bigger picture is we have twelve other people that may or may not have, everybody is different and we look at everything on a case by case basis and we do not have to grant any extensions, but we have got others that we will be holding their feet to the fire and we have got a brand new sewer district that the last thing we want them to say is well gee you did not make Tom McDonough tie in you guys must like him. Now we are doing favors for people that we like, we are trying avoid that and we are trying to be consistent and so it is not. You may say this one will last forever and we may even agree with you but the thing is you have got neighbors that are going to be pointing to you saying I want the same deal that McDonough got. Councilman Strough-We also look at this on an individual basis as for example the Glen Drive-In, I do not think this Board has the insistence to force them to tie in at this time that I am aware of. Supervisor Stec-Because there are not twenty five bedrooms there, right, it is a drive in. Councilman Strough-There are probably more people per night than he has in a hotel, I mean REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 843 Supervisor Stec- Using the bathroom Councilman Strough-But are not about to make them tie in we know that unfortunately Councilman Brewer-How do you know that John. Supervisor Stec-They are not in front of us yet. They could be here next week. Councilman Strough-No, we have talked about it. Councilman Brewer-Maybe ..have a similar plan, John. Councilman Strough-That is why I said we kind of have to look at everybody on ..basis. Supervisor Stec-Which is why two weeks ago we did say maybe we need to cut, establish a drop dead time for everybody not tonight. Councilman Metivier-But you also have to look at the financial hardship that you know you cannot put the poor man out of business. Councilman Brewer-I do not have any intention to trying to do that Tony. Supervisor Stec-No one is trying to do that. Councilman Metivier-I am not saying you are, but what I am saying he proved his case as well that it is a financial hardship, now if he comes back and at least get the process started and continue the process throughout the years and not a seven year target. Councilman Brewer-Get the offices hooked up that is a start. Mr. McDonough-Coming back to the bottom line issue though is this, no matter how you parcel this whether we do it now or a little bit here and a little bit here the cost is still there ok the burden is still there throughout so the cost is still going to be the same. You are just acting like a bank, ok. In that sense. Councilman Brewer-What I am saying to you Tom, who knows maybe in five years you might sell that how do I know. Supervisor Stec-It might get re-developed. Councilman Strough-On the other hand Tom, let’s say, I cannot see it costing five thousand to hook up the offices, all right pay back for that lets say, you know three years that is paid for, then I think what I am hearing from some of the other Board Members is well lets go to the next step once that is paid for. So, it really isn’t a burden if we can do it that way and I do not know if the Board has the will to do it that way, but I think that is what they are trying to do for you. Supervisor Stec-If we had a crystal ball and we knew that fifty years from now that hotel would still be there operating the way it is today and I would be more instantant in saying connect. But the only reason to say maybe not hold your feet to the fire and make you connect is because you have indicated maybe it won’t be a hotel for the next fifty years, maybe five years from now I sell it to McDonalds .. Mr. McDonough-It is only being operated as a motel because of my wife and myself. Nobody can afford to operate it as a motel based upon the income and based on the values of the property. Truthfully if we removed the structures from the property our total town and county and school taxes would be about nine thousand dollars. Which isn’t an easy burden as you get older. At this stage of the game I do not want to invest a lot of money in something that I know that is not going to be there very long, because whoever is going to buy it is going to put it to a use that is going to sustain the expense of the purchase. So, it is going to be a more highly ruminative year round type of business like your plazas and things of this nature. If we go up the hill that is all going to be lost because it is going to be gone it is not going to stay there, no matter what. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 844 Councilman Brewer-That is going to be somebody’s problem down the road. We are sitting here with fourteen people in a septic district, in a sewer district that isn’t hooked up and our job is to get them hooked up and my resolution if you will, is that you start with the offices. And if not then. Mr. McDonough-You are talking only three of those fifteen that are not hooked up are seasonal. Councilman Brewer-You are not going to win the argument with me Tom. I promise you that. Mr. McDonough-Ok. Well that being so. It is still is so that there are only three seasonal businesses Councilman Brewer-How is it fair though for the other hundred people that did hook up. Mr. McDonough-Because they are all year round business. Councilman Brewer-It does not matter then go year round. Mr. McDonough-I will wager none of them , looking at the prices that I have given to you folks here. That is my point. Councilman Strough-But you think it is fair at this point in time that when you come back to us next year and ask for a variance even though I know Dan doesn’t agree to this that you will come with some kind of a plan to hook up the offices with the clear intent to do so and knowing that we will move forward. Mr. McDonough-Ok. I will do that. Supervisor Stec-So we want to amend, I am just trying to help to move the process along here, Bob, I am hearing the Board may want to amend it to include either a whereas and a matching resolved or resolve that it is agreed by the applicant that they will pursue cost estimates, design, cost estimates and move towards a connection of the two offices for evaluation within the period of this variance extension whatever we are calling it, variance. Is that helpful, are you guys following..is that what you are saying? (Board agreed) Are you agreeable to that? Mr. McDonough-I am agreeable. Supervisor Stec-Any other discussion. (No one spoke) Councilman Brewer-I will introduce motion as amended. RESOLUTION APPROVING MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 290, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 845 situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law § Office (the McDonoughs) applied to the Town Board for a variance/waiver from 136-44, as the McDonoughs have requested a continuing waiver and/or permanent relief from the Town’s connection requirements to connect the Graycourt Motel and Law Office properties to the Town of nd Queensbury’s Route 9 Sewer District for the reasons set forth in the McDonough’s August 22, letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver request on Monday, th September 26, 2011, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants the McDonoughs a one (1) year extension of time or until September th 26, 2012 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9-1-9) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the Route 9 Sewer District, REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 846 BE IT FURTHER, RESOLVED, that RESOLVED, that the McDonoughs shall pay all charges due as if their properties were connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon the applicant obtaining cost estimates and providing information concerning connection to Town Sewer of the offices within one (1) year before next year’s request for a waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2011 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Metivier NOES : Mr. Stec ABSENT: Mr. Montesi RESOLUTIONS RESOLUTION AUTHORIZING USA TRIATHLON TO CONDUCT THREE (3) DUATHLON RACES AND AUTHORIZING CLOSURE OF PORTION OF HAVILAND ROAD FOR SUCH RACES RESOLUTION NO. 291, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, USA Triathlon has requested permission to conduct three (3) duathlon races as follows: SPONSOR : USA TRIATHLON EVENT : DUATHLONS REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 847 ththth DATE : Three (3) Sundays: April 29, May, 6 and May 13, 2012 TIME : Approximately 7:30 a.m. – 9:30 a.m. PLACE : Beginning at SUNY Adirondack (ACC), turning right onto Bay Road, then another right onto Haviland Road and another right, ending in the north parking lot of ACC; and WHEREAS, USA Triathlon has also requested Town Board authorization to close a portion of Haviland Road during each race and the Town Highway Superintendent has advised that he has no issue with the Town closing this portion of Haviland Road on these dates and times as the Road is not under his jurisdiction as it is a Warren County Road, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves USA Triathlon’s three (3) ththth duathlon races to be held on April 29, May 6, and May 13, 2012 and authorizes the closure of a portion of Haviland Road for each race from approximately 7:30 a.m. to 9:30 a.m., subject to: 1) approval by the Warren County Superintendent of Public Works which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; and 2) the Town’s receipt of proof of proper insurance from USA Triathlon to conduct the three (3) duathlon races within the Town of Queensbury. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AWARD OF BID FOR REPLACEMENT OF EXISTING WATER DISTRIBUTION SYSTEM INCLUDING WATER PIPES AND FIXTURES IN SHORE COLONY WATER PROJECT AND ITS EXTENSION RESOLUTION NO.: 292, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 848 WHEREAS, by Resolution No.: 232,2011, the Queensbury Town Board established an Extension of the Shore Colony Water District and replacement of obsolete pipes in the District (Project), and WHEREAS, by Resolution No.: 235, 2009, the Town Board authorized an advertisement for bids for the purchase of such water pipes and fixtures to be used on the Project as set forth in bid documents and specifications prepared and on file with the Water Superintendent and/or Purchasing Agent, and th WHEREAS, on September 15, 2011, the Town Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent and the Water Superintendent have recommended that the Town Board award the bid to the lowest responsible bidder, Ferguson Waterworks, for an , amount not to exceed $46,086.74 and WHEREAS, the Water Superintendent has further advised the Town Board that $92,890 in additional items must be added to such Project including: ? $19,000 for Bedding, Topsoil and Blacktop; ? $60,000 for Force Account installation of procured materials by the Town Water Department; ? $8,890 in Professional Engineering fees; ? $3,000 in counsel fees; ? $2,000 in contingency; and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of water pipes and fixtures to be used on the Town of Queensbury’s Shore Colony Water Project (Project), from the lowest responsible bidder, Ferguson Waterworks for an amount not to exceed $48,086.74, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 849 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary Agreement between the Town and Ferguson Waterworks, in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that an additional $92,890 be added to the Project, resulting in a contract cost of $140,976.74, for the following additional items: ? $19,000 for Bedding, Topsoil and Blacktop; ? $60,000 for Force Account installation of procured materials by the Town Water Department; ? $8,890 in Professional Engineering fees; ? $3,000 in counsel fees; ? $2,000 in contingency; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $7,048.84 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services, and BE IT FURTHER, RESOLVED, that all Project expenses shall be paid for from Capital Project #117 and the Shore Colony Fund Balance #047, with such amounts from each accounts to be as determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that upon completion of the Project, the Town Board authorizes and directs the transfer of remaining funds back to the Shore Colony Fund Balance #047, and REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 850 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING PURCHASE OF 2012 FORD ESCAPE XLT 4WD FOR USE BY BUILDING AND CODES DEPARTMENT AND A 2012 FORD F-350 4X4 PICK-UP WITH PLOW FOR USE BY BUILDING AND GROUNDS DEPARTMENT RESOLUTION NO.: 293, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, The Town of Queensbury’s Director of Building and Codes has requested Town Board approval to purchase a 2012 Ford Escape XLT 4WD Pick-Up Truck to replace a 1999 Jeep (currently the Town Fire Marshal’s vehicle) for use by the Building and Codes Department, and WHEREAS, the Town’s Facilities Manager has requested Town Board approval to purchase a 2012 Ford F-350 4x4 Pick-Up With Plow, to replace a 2001 Ford F-550 dump truck with a rotted frame, for use by the Building and Grounds Department, and WHEREAS, there are sufficient funds in the Town 2011 Budget for such proposed vehicle purchases, and WHEREAS, New York State Bidding is not required as the purchases are under New York State Contract No.: 21910-PF/PC65030, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 851 RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Code’s purchase of a 2012 Ford Escape XLT 4WD Pick-Up Truck in the amount of $20,825.40 and the Facilities Manager’s purchase of a 2012 Ford F-350 4x4 Pick-Up With Plow in the amount of $28,370.53 to be paid for from Vehicles Account No.: 001-1640-2020, from Van Bortel Ford, Inc., in accordance with New York State Contract # 21910-PF/PC65030, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town budget by transferring $49,900 from Health Insurance Account No.: 001- 9060-8060 to Vehicles Account No.: 001-1640-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes, Facilities Manager and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 294, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following 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’s Accounting Office to take all action necessary to amend the 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 852 001-1990-4400 Contingency 001-1620-4410 Fuel 4,500 001-1990-4400 Contingency 001-7110-4800 Equipment Repair 1,950 001-7110-1010 Salaries 001-7020-1010 Salaries 12,000 001-7110-1010 Salaries 001-7110-4410 Fuel 2,000 001-7110-1010 Salaries 001-7110-4500 Heating Fuel 1,000 001-9060-8060 Health Insurance 001-1640-2020 Vehicles 49,900 001-9060-8060 Health Insurance 001-9730-6030 Ban Principal 55,000 032-0000-0909 Fund Balance 032-1930-4400 Claims & Judgments 13,800 th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #187 AND AWARD OF BID FOR MATERIALS FOR UNDERDRAIN REHABILITATION FOR FILTER #1 AT TOWN WATER DEPARTMENT RESOLUTION NO. 295, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Water Department Civil Engineer requested that the Town Board authorize an advertisement for bids for the purchase of materials for the underdrain rehabilitation for Filter #1, including new cell dividers, porous plates and filter media, at the Town Water Department in accordance with bid specifications on file with the Town’s Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, by Resolution No.: 223,2011, the Town Board authorized the Town’s Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all th received bids were opened and reviewed on September 8, 2011, and WHEREAS, the Purchasing Agent, the Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the only, and therefore the lowest, responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $228,646, with the REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 853 Town’s Water Department to provide the labor for installation, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the “Underdrain Rehabilitation for Filter #1 Capital Project Fund #187,” which Fund will establish funding for expenses associated with the purchase of materials and labor associated with the installation of the underdrain rehabilitation for Filter #1, including new cell dividers, porous plates and filter media at the Town Water Department, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of materials for the underdrain rehabilitation for Filter #1, including new cell dividers, porous plates and filter media from the only, and therefore lowest, responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $228,646, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes expenses up to the amount of $46,354 toward costs associated with the installation of such materials, including the rental of any equipment needed for such Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $13,750 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from the Water Department’s Fund Balance, and REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 854 BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #187 in the amount of $288,750, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish accounts for such appropriations and revenues as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING HEARING ON KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 719 STATE ROUTE 9 RESOLUTION NO.: 296, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 855 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Kenneth Ermiger has applied to the Town Board for a variance/waiver from § Town Code 136-44.1 for an extension of the Town’s connection requirements to connect his property located at 719 State Route 9 (formerly a car wash) to the Town of Queensbury’s Route 9 th Sewer District as set forth in his September 9, 2011 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, October th 17, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kenneth Ermiger’s sewer connection variance/waiver application concerning his property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-42), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING TO CONSIDER FINANCING FOR BAY RIDGE RESCUE SQUAD, INC.’S BUILDING EXPANSION AND 2012 – 2014 EMERGENCY AMBULANCE SERVICES AGREEMENT RESOLUTION NO.: 297, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 856 § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the general emergency ambulance services Agreement (Agreement) currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) will expire on December 31, 2011, and WHEREAS, the Town and the Squad have negotiated terms for a new three (3) year Agreement, and WHEREAS, the Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has presented to the Town Board a proposal to construct an expansion of its building at 1109 Ridge Road for a principal amount not to exceed $428,971 and proposes to finance the expansion project through tax-exempt financing provided under §150(e) of the Internal Revenue Code of 1986, as amended, and WHEREAS, the Squad plans to negotiate with local banksto enter into a financing agreement for an amount not to exceed $428,971 for 20 years at a market rate expected to be approximately 1.98% for the first year and 2.98% for years 2-5, and this financing arrangement is intended to qualify as tax-exempt under §150(e) of the Internal Revenue Code of 1986 as amended, if tax-exempt financing is available, and, if not, non tax-exempt financing is estimated to be approximately 3.75%,and WHEREAS, in accordance with §150(e)(3) and §147(f) of the Internal Revenue Code of 1986, as amended, the Squad has requested that the Town Board conduct a public hearing to authorize approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements, and WHEREAS, the Town Board has determined that it is in the best interest of the Squad and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning the proposed expansion project, and WHEREAS, in accordance with Town Law §184, the Town Board also wishes to set a public hearing concerning the proposed 2012-2014 Agreement for emergency ambulance services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 857 RESOLVED, that the Queensbury Town Board shall conduct a public hearing on Monday, th October 17, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider approval of the financing of Bay Ridge Rescue Squad, Inc.’s, proposed building expansion at 1109 Ridge Road for a principal amount not to exceed $428,971 and the proposed 2012-2014 emergency ambulance services Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a Notice of Hearing in The Post-Star as required by statute at least fourteen (14) days before the hearing, and BE IT FURTHER, RESOLVED, that the notice shall be in substantially the following form: "NOTICE IS HEREBY GIVEN that the Queensbury Town Board shall conduct a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, th New York on Monday, October 17, 2011 at 7:00 p.m. The public hearing, as required by §150(e)(3) and §147(f) of the Internal Revenue Code, shall be for the purpose of considering the adoption of a Resolution approving issuance of a tax- exempt bond by the Bay Ridge Rescue Squad, Inc. in a principal amount not to exceed $428,971, the purpose of which is to finance a building expansion for the housing and administration of the equipment and activities of the Bay Ridge Rescue Squad, Inc., as related to its obligation under its emergency ambulance services agreement with the Town of Queensbury. The facility shall be owned, operated, and managed by the Bay Ridge Rescue Squad, Inc., and the location of the facility shall be at 1109 Ridge Road, Queensbury. And at such time the Town Board shall also hear all interested persons concerning the Squad’s proposed 2012-2014 emergency ambulance services Agreement with the cost of such services to be $192,435 for 2012, $204,135 for 2013 and $204,135 for 2014 per year." and BE IT FURTHER, RESOLVED, that the Town Board will, after the public hearing, consider adoption of a Resolution approving the Squad's incurrence of financial obligations for the building expansion, with the understanding that the Town of Queensbury shall not, by the adoption of any Resolution, create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for such financing, other than that which may exist by virtue of the Agreement entered into between the Town of Queensbury and the Squad for emergency ambulance services. th Duly adopted this 26 day of September, 2011, by the following vote: AYES: Mr.Stec, Mr. Metivier, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 858 NOES: None ABSENT: Mr. Montesi RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THTH SEPTEMBER 20 AND SEPTEMBER 27, 2011 RESOLUTION NO.: 298, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thnd presented as Warrants with run dates of September 20 and September 22, 2011 and respective thth payment dates of September 20 and September 27, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run thndth dates of September 20 and September 22, 2011 and payment dates of September 20 and th September 27, 2011 totaling $1,167 and $814,762.40, 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 26 day of September, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2011 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 107 ENTITLED, “LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL” RESOLUTION NO.: 299, 2011 REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 859 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 5 of 2011 to amend the Queensbury Town Code by adding a new Chapter 107 entitled "Lawn Fertilizer and Pesticide Runoff Control,” in an effort to better regulate land use management practices specifically by limiting water body exposure to nitrates, phosphorus compounds and pesticide-related chemicals, reduce water body contamination, improve water body ecosystem integrity and assure healthier human, animal and plant habitats, such regulations pertaining to the shores of Glen Lake, Lake Sunnyside and the portion of Lake George within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local th Law on Monday, September 12, 2011 and heard all interested persons, and WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), the Town Board must determine the environmental significance of the proposed Local Law; and WHEREAS, the Town Board has determined that the proposed Local Law 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"); NOW, THEREFORE, BE IT RESOLVED, that the Town Board determines that there will be no adverse environmental impacts from proposed Local Law No.: 5 of 2011 and adopts and authorizes the filing of a Negative Declaration for the proposed Local Law under the State Environmental Quality Review Act ("SEQRA") in substantially the same form as attached to this Resolution; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2011 to amend the Queensbury Town Code by adding a new Chapter 107 entitled "Lawn Fertilizer and Pesticide Runoff Control,” and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 860 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. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi Discussion held before vote and SEQRA Supervisor Stec-This isn’t a new law that we are just reconsidering this is the same law that we conducted a public hearing on at our last Town Board Meeting and passed a resolution adopting. Subsequently to that meeting we discovered that we should have included a SEQRA Review and so what we are going to do tonight is we are going to go through the SEQRA Review and once we have done that and I think we are all agreed that the only environmental impacts that a regulation of fertilizer and pesticide that the Town of Queensbury is talking about the only environmental impacts are positive ones I cannot imagine any negative environmental impacts. We are going to go through SEQRA and as required and then we will re-consider the same local law. If you want to give us credit at home for doing it twice that is fine, we will take the credit. All we are doing, we are doing a little house keeping on a SEQRA. Town Counsel Hafner – You have got your short form EAF you have page one if you would quickly review it make sure it is all accurate. While you are doing that I think, for the public record, I will point out that at the last meeting there were many comments made, many of them from places like the Lake George Association, that talked about positive impacts we also got a letter from DEC one of the quickest responses I have ever gotten from them reviewing a local law that we provided them where they thought it was a great law and we should even go farther, I think, was their recommendation. So, I wanted to make sure that, that was made part of the public record. Supervisor Stec-I can attest to that you are absolutely correct that we did hear from a lot of individuals and on behalf of some lake groups that there was in fact a great deal of encouragement for us, encouraging us to make it more restrictive then we had. We basically said we were not prepared to do that at this point but certainly the sentiment of those that were in the public hearing was that most people would have preferred us to be even more restrict these regulations. Councilman Metivier-Morey is there anyway you could clarify in your capsule this week that this is actually for all bodies of water, three-Sunnyside, Glen Lake and Lake George, because you had made a comment it was just Lake George and it is actually not it is all three lakes, if you could correct that, that would be great. SEQRA 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 ANYADVERSE EFFECTS ASSOCIATED REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 861 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. 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 Town Counsel Hafner-If that is the case then the resolution that you have before you has a resolve in it that would have a finding of no adverse environmental impacts and authorizes the filing to the negative declaration, otherwise it is the same resolution and same law that you considered two weeks ago. (Vote taken) LOCAL LAW NO. 5, OF 2011 LOCAL LAW ESTABLISHING LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL RESTRICTIONS BE IT ENACTED by the Queensbury Town Board as follows: REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 862 ARTICLE 1. The Queensbury Town Code is hereby amended by adding the following new Chapter 107: CHAPTER 107 - LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL §107-1 Short Title. This Chapter shall be known as the "Town of Queensbury Lawn Fertilizer and Pesticide Runoff Control Law." §107-2 Findings. (1) Past Land use management practices have contributed to the decline in the water quality in our local bodies of water. Since lawns are less permeable than the natural topography and vegetation, chemicals associated with lawn maintenance (like those used in fertilizers, pesticides and herbicides) are transported by stormwater into our lakes, bays, ponds, reservoirs, streams and wetlands. When these chemicals accumulate and exceed natural concentrations, they become contaminants, substances that can cause harm to the ecosystem. Chemicals associated with lawn care maintenance are contaminating our water bodies and can cause of numerous and substantive health and environmental concerns. These contaminants can endanger human, aquatic and plant health. (2) The increased amount of nutrients in our water bodies can cause an excess of aquatic plants and algae, and can encourage the growth of nuisance and invasive species. Dead and decomposing plants and algae can deplete oxygen levels and create dead zones. Phosphorus is the limiting nutrient that promotes eutrophication in our lakes, impairing water quality and accelerating the water bodies’ aging process. (3) In addition to their inherent environmental value, the pristine waters of Lake George, Glen Lake and Lake Sunnyside have an important economic role; not only are shore side buildings and land values dependent on the maintenance and improvement of these water bodies' quality, so too is tourism, an important component of the local economy. Therefore, these bodies of water warrant additional and more stringent standards of protection than those scheduled to go into effect January 1, 2012 pursuant to Chapter 205 of the 2010 Laws of New York. In addition, it is essential that these standards become effective as soon as possible to prevent further decline in the water quality of these bodies of water. §107-3 Intent. The intent of this Chapter is to better regulate land use management practices, specifically by limiting water body exposure to nitrates, phosphorus compounds and pesticide-related chemicals, to reduce water body contamination, improve water body REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 863 ecosystem integrity and assure healthier human, animal and plant habitats. This Chapter applies to shores of Glen Lake, Lake Sunnyside, and the portion of Lake George within the Town of Queensbury. §107-4 Definitions. (1) “Town” means the Town of Queensbury. (2) “Commercial fertilizer” means any substance containing one or more recognized plant nutrients which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, agricultural liming material, wood ashes, gypsum and other products exempted by regulation of the New York State Commissioner of Agriculture and Markets. Any biosolid-based product which is not subject to regulation as a “commercial fertilizer” by the New York State Department of Agriculture and Markets is not subject to the provisions of this Chapter. (3) “Lawn fertilizer” means a commercial fertilizer distributed primarily for non-agricultural uses, such as applications on lawns. (4) “Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling or controlling any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, and any substance or mixture of substances intended as a plant regulator, defoliant or desiccant. Pesticides include, but are not limited to, chemical products used for grub control, weed killer, fungus treatment, insect spray, crab grass preventer and include all products that are classified as herbicides, algaecides, insecticides, fungicides, rodenticides and termicides, etc. §107-5 Regulation of the Use and Application of Lawn Fertilizer. (1) No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply, any lawn fertilizer on vegetation within fifty feet (50’) of Glen Lake, Lake Sunnyside, or the portions of Lake George within the Town of Queensbury. (2) No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply, any lawn fertilizer on any privately-owned impermeable surface that directs stormwater flow into Glen Lake, Lake Sunnyside, or the portions of Lake George within the Town of Queensbury. (3) Only lawn fertilizer labeled as containing no phosphorus (or other compound containing phosphorus, such as phosphate) may be applied between fifty feet (50’) and two hundred feet (200’) from the shorelines of Glen Lake, Lake Sunnyside, or the portions of Lake George within the Town of Queensbury. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 864 (4) Fertilizer use beyond two hundred feet (200’) of the shorelines of Glen Lake, Lake Sunnyside and Lake George is not regulated by this law. (5) No person shall, whether knowingly or negligently by virtue of insufficient control, apply or authorize any person by way of service contract or other arrangement to apply lawn fertilizer to any impermeable surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or other appropriate vegetation or placed in an appropriate container and properly disposed of. §107-6 Regulation of the Use and Application of Pesticides. (1) All persons performing residential lawn applications treating an area more than one hundred square feet shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers are to be placed so as to be clearly visible to persons immediately outside the perimeter of such property. Such markers shall be posted at least twelve inches (12”) above the ground and shall be at least four inches (4”) by five inches (5”) in size. (2) The markers required pursuant to this paragraph shall be in place on the day during which the pesticide is being applied and shall instruct persons not to enter the property and not to remove the signs for a period of at least twenty-four hours. Such instruction shall be printed boldly in letters at least three-eighths of an inch in height. §107-7 Exemptions. This Chapter shall not apply to: (1) Newly established turf or lawn areas during their first growing season. (2) Emergency situations which are confirmed by the Code Enforcement Officer. The Town's Code Enforcement Officer will assess the emergency claim, assure its validity and may allow an exemption, if the exemption request is the most appropriate remedial action. If the emergency request is for the use of a pesticide, all non-pesticide remedies must be considered first. If pesticide use is needed, it must be the least toxic effective control and its use must be restricted to only the infested area. (3) Situations in which a reliable soil test indicates a need for the addition of phosphorus fertilizer. This test shall be conducted by qualified agencies such as the Cornell University Cooperative Extension. (4) Application of lawn fertilizer where a continuous natural vegetative buffer, at least fifteen feet (15’) wide, exists between the turf or lawn area where the application is to occur and any surface water or an impermeable surface. This buffer REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 865 must conform to the requirements of Town Code §179-8-040. – Shoreline Buffers. This Local Law will also apply to the Town Code §179-8-040 Buffer Area. (5) Agricultural uses, vegetable and flower gardens or application to trees or shrubs. (6) Natural chemical-free pesticides and herbicides; labeled environmentally safe and not harmful to plants, animals and humans. (7) U.S. Department of Agriculture (USDA) approved organic herbicides, pesticides and repellants. (8) Application of pesticides for invasive plant control, if all applicable State and local agency approvals have been obtained. (9) Impermeable surfaces that discharge to approved treatment devices that are a part of an approved stormwater management plan. §107-8 Enforcement and Penalties. (1) For the first violation of the provisions of this Chapter or any rule or regulation adopted pursuant to this Chapter, a civil penalty not exceeding one hundred fifty dollars ($150.00) shall be imposed. For the second and succeeding violations, a civil penalty not exceeding four hundred fifty dollars ($450.00) shall be imposed for each single violation. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge and has had an opportunity to be heard. (2) If a property owner violates any provision of this Chapter, he/she shall be held responsible for the full penalty. (3) If a landscaper/maintenance service contracted by a property owner, occupant or agent violates any provision of this Chapter, both the landscaper/maintenance service and the property owner, occupant or agent responsible for the service contract shall be held responsible for the full penalty. (4) Whenever a violation of this Chapter occurs, the Town's Building and Codes Officer, or an authorized designee may, at his or her own initiative, enforce compliance and order the violation be remedied. All complaints shall be made in writing to the Town's Building and Codes Officer or authorized designee who shall then properly record such complaint and timely investigate the same. The Town's Building and Codes Officer shall have the authority to issue a summons or take any such enforcement action authorized by law upon any person owning, leasing, controlling or managing any building, structure or land. ARTICLE 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 866 ARTICLE 3. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. ARTICLE 4. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. RESOLUTION AUTHORIZING AMENDED AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO. 300, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 115,2011, the Queensbury Town Board authorized its Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed, amended Agreement has been presented at this meeting to include additional language relating to trail maintenance caused by major storm damage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Amended Agreement between the Town and the Queensbury Land Conservancy for the year 2011 and authorizes and directs the Town Supervisor to execute such Amended Agreement and take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi Discussion held before vote: Supervisor Stec-We do have a contractual relationship over several years with the Queensbury Land Conservancy whereas the Town provides them with some level of funding to carry out their mission. Due to Irene they had a great deal of storm damage and blow down at the VanDusen preserve on West Mountain Road and what they have sought from the Town could the Town go out and help clear away the blow down. I have toured part of the property, Steve Lovering toured the property and some members of the Recreation Commission also toured the property. The is a fair amount of chainsaw work that needs to be done in there. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 867 The land owner is the Queensbury Land Conservancy not the Town of Queensbury, as part of our consideration in our agreement with them we could amend our agreement which is the purpose of this resolution to authorize us at our convenienceand authority to help them out to go in and do some chainsaw work. Mr. Lovering said that when he finish cleaning up the rest of his properties he should be able to spare a few people to go over there and do some chainsaw work. 5.0 PRIVILEAGE OF THE FLOOR (Limit 4 minutes) Mr. Pliney Tucker-41 Division Road, Queensbury - If number 5 going to be at this position for now on? Supervisor Stec-Yes. Mr. Tucker-Spoke about manhole cover-did you tell anyone about it? Richardson and Main Street intersection… Supervisor Stec-Yes. They will take a look at it. Mr. Tucker-RE: City Industrial Park on Luzerne Road – The town does not received taxes from any of that? Supervisor Stec-It is City property-it was annexed. Mr. Tucker-Questioned that tenants that went into the Industrial Park had to produce jobs, in order to go in there? Councilman Brewer-The purpose was to promote commercial or light industrial jobs. Supervisor Stec-As to what the contact specifically said I doubt it was that specific. Mr. Tucker-Requested that be looked into. Town Counsel Hafner-Noted he would review that report back to the Board. Mr. Tucker-Do we have control over zoning and planning on that at all? Supervisor Stec-The contact says that it has to be consistent with what was in place when it was in the town. They cannot changes the uses without our approval and they have not asked for that. Mr. John Salvador-Resident in North Queensbury – RE: Fertilizers and Pesticides – at the meetings were lead to believe that the condition of the water in Lake George is pretty good, I think we are missing the point that there are different parts of the lake, deep water where they tend to take samples and the shallow bays where there is a lot of development and a lot of in density of development and that is where the algae is blooming… we have a problem with the prosperous that is coming from onsite septic systems. – if there is only 5% developed it is the intensity that is increasing. – what percentage of the developable land has been developed? - that 5% number we should take a look at. - Lake George is Class AA special water quality suitable as untreated drinking water, the Health Dept. does not recommend any one drink water out of Lake George that is not treated. – The Building Code since 2003 does not allow new development to take water out of a surface body of water we don’t seem to pay attention to that. – Mr. West has requested that his application for a boathouse that was in front of the Lake George Park Commission be tabled for one more month - spoke on U shape Boat dock , not a structure that is the basis of the development ten years ago – Josha Rock Corporation the application is in the name of Sharon Davies, Tom West and Lynn Rasmussen that needs to be looked into. Mr. Tim West-48 A Highland Springsway Queensbury – Re: Josha Rock Corporation – I am his Uncle, I approve of Drew, it does not belong to the Josha Rock Corp. because it has been in an estate so long Josha Rock Corp. surrounds it. It was been eleven years to liquidate the estate. JRC has nothing to do with it. REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 868 6.0 CORRESPONDENCE NONE 7.0 TOWN BOARD DISCUSSIONS WARD 1 ANTHONY METIVIER ? We as a Town need to do a better job in the future with situations like Irene where we have a lot of homeowners that have had damage to their property, the question is who cleans up what, who is responsible for what as far as trees and brush – is the town at all responsible Supervisor Stec-The short answer is we are responsible for what is on town property or right of way and private property we are not responsible we would get in trouble overly involving ourselves. We did try to make it easier our Highway Dept. has been great going to curb side picking up stuff for people as they clean up their own yards and then of course we waived the fee st through October 1. bring the brush to the transfer stations for no charge. WARD 4 TIM BREWER ? Thursday afternoon the last chapter of Exit 18, finally it will be done ribbon cutting ceremony at 2:00 pm at the kiosk WARD 3 JOHN STROUGH ? This Board worked pretty hard on the Main Street as well as the County we shared a lot of the burden there were some things that we had to do some hard thinking about and studying I think we made the right decisions, it looks pretty great. SUPERVISOR STEC ? Thursday at 2:00 pm. There will be light refreshments there at the ceremony, all the contracts can’t wait they are proud of it. Our County engineering over saw the day to day from the County’s perspective …our water and wastewater folks and Stu Baker and our Attorneys were heavily involved in all the lead up that the town had with easement and right of way acquisitions. Main Street looks great it is a wonderful addition and entrance to the Town of Queensbury and into the City of Glens Falls. It was completed ahead of schedule and within budget. ? Recently retired Mike Lopez passed away last night he worked for the Town Cemetery Department for thirty two years he retired within the last several months and his retirement was health related. Talking to the ladies in the Accounting Office this morning about this we have had five retirees this year pass away and I thought I would take just a minute name them and their ten year at the town and certainly our sympathies from the Town Board and the Town Employees, some of which had worked with some of these ladies and gentlemen in the past our hearts go out to the families that they left behind. ?In June - Herald Brothers – Water Dept. 17 years of service ?Edith Bowman – Building and Codes 18 years if service passed away in August ?Floyd Martindale –Highway Dept. 14 years of service passed away in August REGULAR TOWN BOARD MEETING 09-26-2011 MTG #26 869 ?Rodney Mosher –Cemetery Superindent 20 years of service passed away in August ?Thank Look TV and our sponsors for televising our meetings ?Our Web site www.queensbury.net RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 301.2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVE FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting of September 26, 2011. th Duly adopted this 26 day of September, 2011 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury