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2012-09-10 Mtg 19 REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 445 REGULAR TOWN BOARD MEETING MTG. # 19 September 10, 2012 RES. 253-270 7:00 PM BOH 22 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER-ABSENT COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BRUCE OSTRANDER,WATER SUPERINTENDENT PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 253,2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 10th day of September, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier QUEENSBURY BOARD OF HEALTH ADAM LEONARDO SEPTIC VARIANCE APPLICATION SUPERVISOR STEC- Okay, and this is to allow a thousand gallon holding tank located eight feet from the property line in lieu of ten feet on 12 Hall Road Extension in Queensbury. That's it, that the only variance being sought for this. So anyway, I will open the public hearing and if there is anyone that would like to comment or if applicant or agent would like to comment; yes sir? REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 446 STEVE JOHNSON- I have a summer residence on Hall Road and I'm wondering why the 2,000 gallon tank is required rather than the current and existing 1,000 gallon tank. Does anyone have SUPERVISOR STEC- I'm sorry, I not sure I understood your question. He's seeking to keep the existing one thousand gallon tank. MR. JOHNSON- Right and why was a two thousand gallon tank required? COUNCILMAN STROUGH- I think he wanted it added MR. JOHNSON- He wants to make a two thousand gallon tank? TOWN COUNSEL, ROBERT HAFNER- Our resolution is to have a one thousand gallon tank like he currently has instead of the required two thousand gallon tank MR. JOHNSON- Right COUNCILMAN BREWER- But what he wants to know is why is two thousand required? MR. JOHNSON- Why is two thousand required? TOWN COUNSEL, HAFNER- It's under the regs. SUPERVISOR STEC- It's the standard COUNCILMAN BREWER- Its standard regulation from New York State TOWN COUNSEL, HAFNER- That's my understanding MR. JOHNSON- Because it's a certain distance from the lake? TOWN COUNSEL, HAFNER- It's based on the size of the house SUPERVISOR STEC-Yeah, I think it's based on the size of the dwelling MR. JOHNSON- Right, okay and so the rebuild is going to be expansion of the property, is that the situation? COUNCILMAN STROUGH- Well, a one thousand gallon tank is going to have to be pumped out pretty regularly MR. JOHNSON- Well, that's what happens with waste products, I go to the bathroom almost every day COUNCILMAN STROUGH- Yeah, but he has a holding tank, do you have a holding tank? MR. JOHNSON- I have a different septic system at my place and I'm quite close to the lake. I'm worried about leakage, because a leakage of a thousand gallon tank is less troublesome than leakage of a two thousand gallon tank. I'm concerned about the effect it would have on the lake quality. Actually, my questions are more for information than wanting to prevent him from expanding the way he wants. But if this fellow is expanding his domestic load size and making it more accessible for a larger number of people than it may be proper that he is required to expand his holding tank. I just want to make sure that everything works out in a reasonable, biologically safe method. If the size of the house that's being proposed is no longer than the thousand gallon tank previously was used worked than no problem, if he's expanding the house to a much larger size than expanding the septic might be justified COUNCILMAN MONTESI- I think a lot of our questions and your questions will be answered, Mr. Leonardo is here with Counsel so I think they're going to explain their story to us and then you are free to come back and ask some additional questions REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 447 MR. JOHNSON- I spoke because there was an opportunity to speak but if people who are proposing the change want to speak I will listen to them. Very good COUNCILMAN MONTESI- Okay SUPERVISOR STEC- Thank you. NIA CHOLAKIS- I'm representing Adam Leonardo in connection with this matter. We could probably put some of these questions to rest that Mr. Johnson had. Mr. Leonardo owns a one bedroom home, and existing one bedroom home at 12 Hall Road Extension. He purchased that home, it's been existing, he has no intention COUNCILMAN MONTESI- You want to just, so everybody else can hear, in the microphone ATTORNEY CHOLAKIS- I'm not loud enough COUNCILMAN MONTESI- Yeah,just pull it towards you ATTORNEY CHOLAKIS- I've never been accused of not having a loud enough voice but okay. The application is two-fold, first Mr. Leonardo is seeking to confirm the existing use of a one thousand gallon holding tank, and secondly and area variance from the ten foot setback requirement for the location of that tank. He purchased the property from the Estate of Martin Gallup. At that time, at the time he purchased, the existing holding tank was located exactly where it currently is located. So he's not looking to expand the property size, the home size, he's not looking to alter or modify the tank. All he's looking to is to confirm the use of the tank, the one thousand gallon tank and also to get a variance from the eight foot setback verses the ten foot. He was advised by the Town that there was a two thousand gallon requirement. I'm not exactly sure how that came about? We looked at the New York State regs and based on the New York State regs it's a one bedroom house and the regs indicate that you have to have a hundred and ten gallons per day times five days is five hundred and fifty gallons, so basically the calculation is five hundred and fifty gallons or one thousand, whichever is greater and obviously what's greater is a thousand. So, it does comply, the existing tank in my estimation complies with the current New York State requirement. This is a seasonal property; it's not a year around property. He's owned it for the past three seasons, each season he's had to pump it once; usually around this time of year or August or September of every year he does pump it, and he will continue to do so. As far as the setback requirement, again it's an existing thing, he hasn't moved it, he doesn't plan on moving it. If I go through the criteria under an area variance the granting of the requested relief will not produce and undesirable effect on the neighborhood. It's obviously a subsurface item, you're not going to see it, it's not going to change so it's not going to produce any kind of negative effect or any effect whatsoever on the neighborhood or have any detriment to the nearby properties COUNCILMAN MONTESI-I guess I've got to ask a question ATTORNEY CHOLAKIS- Sure COUNCILMAN MONTESI- If you've owned it for three years and you've used it for three years what's prompted this variance now? COUNCILMAN BREWER- That's exactly my question COUNCILMAN MONTESI- I'm hard pressed to understand why are you asking for a variance ATTORNEY CHOLAKIS- There was some notification made to the Town as to this particular tank and Mr. Leonardo received notification from the Town Building Department, so there's been some discussions. They advised him that it didn't needed to be two thousand gallons opposed to one thousand gallons so that's what brings us here today COUNCILMAN MONTESI- It didn't fail? ATTORNEY CHOLAKIS-No REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 448 COUNCILMAN BREWER- Well, if it's a holding tank how, I agree with you Ron, I don't understand what prompted ATTORNEY CHOLAKIS- Well, initially it was, this property is adjacent to 10 Hall and the properties were owned by relative and in one point in time this was a septic tank and it was being utilized for purposes of both 10 and 12 Hall Road; I may or may not be correct but I believe that back in ... okay, well she can speak to what the facts are but that my understanding that one point in time the leach fields were capped off. At such time as Mrs. Matriccino put in her own septic tank with a leach field it was at that time that these leach field were capped off so we're left with a holding tank, which hasn't changed COUNCILMAN MONTESI- So you're not going to pull the tank out and put another one in ATTORNEY CHOLAKIS-No COUNCILMAN BREWER- How did you get the tank in originally? ATTORNEY CHOLAKIS- It was there when he bought the property COUNCILMAN MONTESI- So it was originally a septic tank, it's not really a holding tank ATTORNEY CHOLAKIS- It's functioning as a holding tank COUNCILMAN BREWER- What do you mean, it's functioning as a holding tank COUNCILMAN MONTESI- But, how do you do that ADAM LEONARDO- The line, the outlet, they've capped the outlet COUNCILMAN MONTESI- They capped the outlet to the leach field MR. LEONARDO- Yes ATTORNEY CHOLAKIS- Correct COUNCILMAN MONTESI-Now do you have an alarm on this system? MR. LEONARDO- There's not currently COUNCILMAN MONTESI- Well, you can't have, you should be asking for a variance. I mean, you can't have a holding tank without an alarm. In other words SUPERVISOR STEC-A shut off COUNCILMAN MONTESI- A shut off. What that means is that when it gets filled and if you're not paying attention before it overflows the alarm shuts down the water and the power to it. So, there's a safety factor here that ATTORNEY CHOLAKIS- Absolutely, Mr. Leonardo has recently had those discussions and doesn't have any objection to that SUPERVISOR STEC- Typically, that's a requirement of approval for us COUNCILMAN MONTESI- I guess I'm not saying that you would not approve of that, it's a process you are going to have to go through in order to get approval COUNCILMAN BREWER- Is this tank a concrete tank MR. LEONARDO- Yes, a concrete tank REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 449 COUNCILMAN STROUGH- Yes, but there's concrete tanks and then there's concrete tanks. This tank is sitting under a parking area right? MR. LEONARDO- And it has been since it was installed, it was installed in 2003 COUNCILMAN STROUGH- Yes, but is it the kind of tank that can take the weight of vehicles because some tanks, tanks have to be specifically designed to take the weight of the vehicles if you are going to park over a holding tank MR. LEONARDO- I don't know that but it was on the site map and the approval with permit from the Town showing it in a parking area in 2003 COUNCILMAN STROUGH- Yea, so in 2003 I'm going to assume that we asked that question but I think we need to get that confirmed TOWN COUNSEL, HAFNER- I don't remember from 2003 COUNCILMAN BREWER- Well, I'm confused as this might have a typical tank for a leach fields and then they just capped off the end of it and made it into a holding tank COUNCILMAN MONTESI- That's what it sounds like right? COUNCILMAN STROUGH- What we need to do is get an independent authority to confirm that it is a tank that will take vehicle weight and it has in fact been disconnected and all outlets and all connections to any leach fields and outside whatever have all been sealed; and we need an alarm system established just like Councilman Montesi was saying COUNCILMAN BREWER- Who capped it off? Did you have it capped off? MR. LEONARDO- I didn't own it at the time. The neighbors capped it COUNCILMAN BREWER- So the previous owner had it done ATTORNEY CHOLAKIS- Yes COUNCILMAN BREWER- Okay ATTORNEY CHOLAKIS- He bought this property in 2009 COUNCILMAN BREWER- Okay ATTORNEY CHOLAKIS- Whatever modification was done was done in 2003 COUNCILMAN BREWER- Okay, I'd personally would like to have somebody inspect it to make sure it is what we are calling it a thousand gallon holding tank and make sure that the alarm is on there before we can approve this, in my mind anyway ATTORNEY CHOLAKIS- Well, the building department has inspected the tank correct? COUNCILMAN STROUGH- Well, we didn't get any inspection verification here MR. LEONARDO- And I don't know that he's inspected it and said this is capable of handling vehicles type of inspection COUNCILMAN STROUGH- I don't have any problem with the holding tank concept, it's just some of the other issues need to be confirmed before we can give our approval tonight in my mind. SUPERVISOR STEC- Well, yeah I was going to say let us take some comment and maybe what we will end up doing is we will continue this public hearing two weeks from now with the REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 450 information provided to us before then. This public hearings open, I think there's a couple that are itching to make a comment. Anyone like to comment. Yes sir, please STEPHEN CORNELL- Reside at 8 Hall Road Extension SUPERVISOR STEC-Yes sir MR. CORNELL- I adamantly oppose this. It is correct; it is a septic tank that has been converted to a holding tank without a permit. At this it is being used as a holding tank without a permit, that's against your regulations as I understand. Mr. Leonardo converted the area to a parking area with a sloped area to a flat surface on the tank with crushed stone. Your requirements are mounded and seeded. Correct, is the tank going to hold a parking car? It wasn't put in that way, it was a lawn when it was put in. A thousand gallon tank for a four person home, doesn't meet requirement COUNCILMAN BREWER- It's a one bedroom home MR. CORNELL- One bedroom, four people COUNCILMAN BREWER- The regs are made by the bedrooms, not by people MR. CORNELL- Well, if you are sleeping in a living room, is a living room a bedroom? COUNCILMAN BREWER- I hear what you're saying but I'm just MR. CORNELL- I understand, I'm not disputing your theory but in part it's four people in a home COUNCILMAN BREWER- Okay MR. CORNELL- It's not mounded, fifty foot radius. Holding tank and septic tank by definition, your code, are two different things. It's a septic tank, not a holding tank. Holding tanks are a sealed unit, no outlet. That's a septic tank with an outlet, capped. You've nailed all the variance; you are applying for one variance from a property line, which is by measurement six feet from property line, not eight. The tank was installed within ten feet of the house, which is against regs. It's within wells of a hundred feet,which is against regs COUNCILMAN STROUGH- Well, it's a holding tank MR. CORNELL- It was installed as a septic tank COUNCILMAN STROUGH- Yeah, then it would be illegal, right MR. CORNELL- It's illegal; Building and Codes said it was installed properly. No variance was every signed by 8 Hall Road Extension. If it was installed illegally, should it be allowed to continue illegally? COUNCILMAN STROUGH- Well, we will have to get that evaluated MR. CORNELL- Exactly. These are all just points of interest that needs to be addressed before a variance is issued. He's asking for a variance on property line only, there's a whole number of other variances that should be addressed before the property line issue is addressed. I do know that the other owner of the property beside him wishes to remove an area near that tank. She had literally did not wish to do so because of the area of the tank. This isn't the time to move dirt from an area of a tank when the variance is being issued. But, her property is within four feet of that line. She should be able to move that dirt to enlarge her parking area if she wishes. She can't do so at this point in time because that line is running through that area COUNCILMAN MONTESI- What line? REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 451 MR. CORNELL- The line that was cut and capped. The septic tank is on Mr. Leonardo's property, the leach field, which was two fifty-five gallon drums with crushed stone was on her property. So,when the properties were divided and sold she had the line cut and capped by the contractor. So it became from a septic tank, now it's a holding tank; but a holding tank and a septic tank by your definition are two different things, you can't convert one to another without a variance COUNCILMAN MONTESI-Now, the next door neighbor that you're talking about, she has a septic tank or a holding tank? MR. CORNELL- She has a holding tank on her property that pumps to a separate holding tank above, which is all code, recently installed COUNCILMAN MONTESI- Okay, yeah MR. CORNELL- Their tanks were never combined to my knowledge. I think those are the issues that you all had, same issues I have SUPERVISOR STEC-All right, thank you MR. CORNELL- Thank you SUPERVISOR STEC-Anyone else like to address the Board this evening?Yes ma'am MARILYN MATRICCINO- I did type up some of my concerns if anyone SUPERVISOR STEC-Your name and address please ma'am MARILYN MATRICCINO- I'm sorry, I feel like I'm going to my execution here. Excuse me, but I'm not used to this. My name is Marilyn Matriccino and I am the next door neighbor to Mr. Leonardo and I'm at 10 Hall Road Extension (submitted letter to Board Members and Clerk) COUNCILMAN MONTESI- I will give a copy to Tony for you MRS. MATRICCINO- I could read this off but I'd first of all wanted to say it is my hope that the Town of Queensbury wants to protect the lake, Glen Lake from further pollution; that it also wants to protect the property of other homeowners from well pollution from neighboring septic tanks. Please respect my property and me as the owner. Now do you want me to read the concerns? SUPERVISOR STEC-You can if you'd like MRS. MATRICCINO- Or shall I just tell you my background SUPERVISOR STEC- If you want to summarize, it's up to you MRS. MATRICCINO- Well, my concerns are that it is a basic septic tank, not a holding tank with piping to a leach field, which was capped off. There's no traffic cover and the driveway is directly over the septic tank and it could have been cracked by parking on it. Because in this, if you have this, it does not show the driveway and parking that has been put in since then that's on top of COUNCILMAN STROUGH- Yeah, I went and looked at it MRS. MATRICCINO- Did you look at it, okay COUNCILMAN MONTESI- Me too MRS. MATRICCINO- So I said because of the heavy traffic it could cause possible leaking into the ground and how do I know it's not compromising leaking into my property, which is below the level of the septic by about three feet. As it has always been parked on since the owner put in REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 452 the driveway over the tank. When I put in an engineered septic system and I will tell you my background. My family has owned that property since 1940 and it came to me, my mother and my brother-in-law bought the property from my uncle from his wife when he passed away. Then it came to me eventually, me and my brother; my brother owned property that Mr. Leonardo owns now. Let's see, about three years ago I had to give up, my husband had passed away and I couldn't keep two properties and I owned a property so I decided to keep the lake and I converted it to a year-round and when I did I came up against knowing I needed a septic system because there was a cesspool in there. There had been one there at my brother's also but he had put in a septic tank, but it was back, I don't even know for sure, I know that Jay Sweet put it in, and at the time, and it never was shared by me. I didn't even know about it, my brother never asked permission, we had the properties and we shared everything pretty much. Anyway, the other thing that was a concern is I said I put in an engineered septic system;part of my bill included the purchase of traffic covers on the tanks, which I have, you know, the two tanks and then the pump up system. A holding tank that is sealed and certified usually has an alarm system to indicate when full, mine does, I don't know about others. So on a septic system there certainly is an alarm system. The existing septic tank encroaching on my well, it is eighty two feet from my well. It's located approximately, I went out and tried to measure it from my property to the cap where they pump it out, it was like around five feet to the center of the... okay. So, I guess that's about, the only other thing I have to say is that I feel like if a neighbor cares about their other neighbors they are going to do what is required to keep the properties free from sewage or anything like that, and if it's required that there be a holding tank than I feel like that I had to do what, I could have left a cesspool and just winterized my camp and lived there, but I did not want to do that because I wanted to be able to wash clothes and things like that. I live there by myself by the way, I'm a widow. Is there anything else you want to ask me? SUPERVISOR STEC-No, appreciate it, thank you MRS. MATRICCINO- But the septic was never shared and I can't understand why he doesn't have to put in the holding tank? I will tell you one other thing, at one time I did talk to Dave Hatin because Mr. Leonardo had put a barrel in connected to somewhere in his septic for gray water, and it was not allowed. I did not report it to the Town, but someone did and I think that's maybe when it was brought up, I don't know; that he needed to do something, well, that's what Dave told me, but that was last spring so he told me he had until this spring to COUNCILMAN MONTESI- What pre-action, what did Dave Hatin do with that gray water concept? MRS. MATRICCINO- He made him take it out COUNCILMAN MONTESI- Oh, okay MRS. MATRICCINO- He made him remove it. But, I think that's what called attention, I don't know for sure, I really don't know COUNCILMAN MONTESI- Okay, but you're giving us some answers that we were wondering about MRS. MATRICCINO- Well, I'm sorry to... I have pictures too in case anybody wanted to know, but my whole thing was I called Dave Hatin because Mr. Leonardo was digging from his septic to my property line and I have pictures of how deep, it was way down there. Dave said he wants to see if the line was capped. He knew the line was capped, I believe, but maybe not. I'm not going to say that really was true but you know. But anyway, so I hope that nothing was ever broken during that time COUNCILMAN MONTESI- Could we just look at those pictures MRS. MATRICCINO- Sure COUNCILMAN MONTESI- And I'll get them right back to you MRS. MATRICCINO- Oh, you can have them. I don't want them REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 453 COUNCILMAN MONTESI- Thank you MRS. MATRICCINO- (Submitted pictures to Councilman Montesi) that's when he was digging it. This is some of the... and then there was rocks ... and then... SUPERVISOR STEC- Is there anyone else that would like to comment on this public hearing? Yes, ma'am ATTORNEY CHOLAKIS- If I could just respond to a couple of things SUPERVISOR STEC- Sure ATTORNEY CHOLAKIS- Obviously, we'll go back and hopefully sit down with the Building Department and hopefully they'll have the information necessary, otherwise we'd have to dig it back up and find out what the vehicle weight and all of that is concerned. And as far, obviously, as far as the alarm is concerned and the shut off that certainly make sense to us. It wasn't something that we knew until we got into this process. I wanted to give a little bit more background on the relationship between Mr. Leonardo and the property next door, Mrs. Matriccino. She goes into some detail, certain circumstances that happened prior to Mr. Leonardo purchasing the home and then after he purchased the home. It was a property that he purchased from an estate; it was Mrs. Matriccino's relative. There were, obviously, the properties are right next door to each other so evidently there was a relationship there and there was an easement going back and forth. When Mr. Leonardo purchased the property he obtained a survey and at the time he obtained a survey he also got title insurance and when he got title insurance, it was assured to him that he had the right to cross over her property to get to his property. There was some discussion back and forth as to whether or not that was really legal, not legal, there was a dispute as to that, which then caused Mr. Leonardo at great expense to put in a driveway directly from Hall Road. So that's why that driveway is there, because when he purchased the property he thought he had an easement to go across the property. That driveway would not be there but for the fact that it was basically forced upon him to put that in, in order for him to have access to the property. So the driveways there because of that dispute. Mrs. Matriccino also indicates this is what I also indicated, is that those lines, the leach field lines were cut; she cut them and capped them. She acknowledges that she cut them and that she capped them. When Mr. Leonardo purchased the property, prior to purchasing the property he went to the Town to try do whatever due diligence he could to make sure that what he was purchasing was a viable, seasonal property and what he was told at that time is yes that they were cut and capped and that they are using this as a holding tank. The fact that you can or cannot convert a septic tank to a holding tank is certainly unbeknownst to us. The Building Department has not indicated at least to us, I don't know if they've indicated to you that there's a problem with that. The only thing that they required Mr. Leonardo to submit an application for a variance was two-fold; 1) an eight foot in lieu of a ten foot setback and 2) having a two thousand gallon tank in lieu a one thousand. They didn't bring up any issues as to whether or not this was not a viable holding tank and that it could not hold the effluent that he's putting in there. He does pump it, he pumps it once a year when he pumps it's about three quarters or less full. So it's not like it's even exceeding the max. Mrs. Matriccino also indicated that she wants to make sure that the lake's not being polluted or she's not being polluted. Obviously, that's no one's intention; the fact that we have a holding tank is, to me, a safer situation than having leach fields and running into the lake. So it's keeping that effluent in a certain place and it's being pumped out and removed from the property. She's also indicated the fact that the holding tank, which again was existing prior to him purchasing the property, is situated, we were told, eight feet, Mr. Cornell indicated six feet then he indicated four feet, I think its eight feet. But in any event I've taken a review of the Boards variance request for setback purposes for where the sewage disposal services systems are and it's routinely granted based on the fact that it is at least a few feet away. This is eight feet away verses ten feet away. Mrs. Matriccino also came before this body to also ask for a variance because her septic system instead of being a hundred feet away from the people on the other side of her is ninety one feet away, and that septic system is elevated. So, she down gradient to the adjacent property owners well. That's ninety one feet away verses a hundred feet away, so I think that, I'm hoping that you take into consideration that Mr. Leonardo has tried to do whatever due diligence he can. He's got a one bedroom house he uses for three months out of the year and he uses it on the weekends and he's got two small children and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 4S4 himself and his wife and they're not even all there at the same time. But, he's doing the best he can under the circumstances that he was dealt and he is trying to be a responsible property owner. We'll obviously go back and take a look at the rest of the requests that the Board has asked us to take a look at but I'd just like, it's respectfully submitted that he's dealing with a situation where there's not much he can do other than spending another inordinate amount of money, which is not really reasonable under the circumstances, especially since this tank is being utilized for the purpose, it's serving the purpose that it needs to serve, he's pumping it out when it needs to be pumped out. He will obviously look into the alarm system, the shut off system and then some of these other things that you've asked of us COUNCILMAN MONTESI- What was the concept of the gray water? ATTORNEY CHOLAKIS- I'm sorry? COUNCILMAN MONTESI- What was the gray water, gray water where they said you can't do that ATTORNEY CHOLAKIS- I don't really know what she's talking about when she's talking about the gray water COUNCILMAN MONTESI- I mean sometimes what you do is you take the water from your sink, clean water, not toilet water, but showering water ATTORNEY CHOLAKIS- Yes COUNCILMAN MONTESI- And they call that gray cause supposedly there aren't any pollutants in it and you divert to another septic system. It was just interesting that he was trying to do that, I think ATTORNEY CHOLAKIS- I don't know if that's what he was trying to do? I guess he could speak better to that MR. LEONARDO- Someone had told me that you could do that; obviously I look too far into it COUNCILMAN MONTESI- Okay MR. LEONARDO- And did that and I spoke with Dave and everything's back COUNCILMAN MONTESI- Okay, yeah; I mean it's a way of saving on having to pump the tank MRS. MATRICCINO- But it's not allowed COUNCILMAN MONTESI- Yeah, it's not allowed, yeah right ATTORNEY CHOLAKIS- But that's not the current circumstances COUNCILMAN MONTESI- Yeah, it's not the issue COUNCILMAN STROUGH-Now a holding tank is a reasonable solution, especially to these lakeside camps because we know where it is. But, this is kind of a unique situation where we don't know if this tank has the integrity to act as a holding tank. We would have to get that verified, that may take some digging, and it may take a professional evaluation. I certainly know that putting the alarm system is going to take some digging, and I don't know if this tank is designed to take an alarm system. Then, since this was a septic tank and not a holding tank I really doubt that it was designed to carry the load of vehicles of parking on top of it or over it. So when you get all said and done, after you've paid all your expenses checking this out it might have been cheaper to put in a compliant tank to start with COUNCILMAN BREWER- Well, he didn't realize what he had, apparently John. Let him REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 455 ATTORNEY CHOLAKIS- Yeah, at the time. You have to go back to 2009 COUNCILMAN STROUGH-No, but he should evaluate that at this point in time. But, what I'm going to require, I'm one Town Board and I'm hearing it from the others too, is that we're going to require an alarm system to be designed for this particular tank, and that this tanks integrity has to be such that it can act as a holding tank and is acting as a holding tank, and that it's designed to take the type of loads of vehicles parking over it COUNCILMAN BREWER- And or John he can move the parking or not park on it COUNCILMAN STROUGH- Well, if you look at the lot COUNCILMAN BREWER- Yeah COUNCILMAN STROUGH- That's not going to be possible ATTORNEY CHOLAKIS- I guess all I'm saying that we presumed at the time that the Town asked that he submit an application for a variance that the actual tank itself was not an issue. It was the size of the tank and it was the location of that tank, and not the actual tank, and the construction of the tank and if it has the integrity to support what you're asking COUNCILMAN STROUGH- Right ATTORNEY CHOLAKIS- And that's all I'm saying COUNCILMAN STROUGH- Yeah ATTORNEY CHOLAKIS- This is a new issue that's just coming out today COUNCILMAN STROUGH- Then you know where we're at now right? ATTORNEY CHOLAKIS- Yeah, no absolutely COUNCILMAN STROUGH- Okay ATTORNEY CHOLAKIS- Thank you DEPUTY CLERK, ROSE MELLON- Excuse me ma'am, can you restate your name for the record? ATTORNEY CHOLAKIS-Nia Cholakis DEPUTY CLERK, MELLON- Thank you ATTORNEY CHOLAKIS- Thanks SUPERVISOR STEC- Thank you. All right, so what I think we're going to do is we'll leave this public hearing open. We'll ask you to work with Dave Hatin at our Building Department; we'll ask them further questions too. I imagine we'll have this back at our Regular Town Board Meeting, which will be two weeks from tonight on September 24t1i. Right Bob? TOWN COUNSEL, HAFNER- Yes SUPERVISOR STEC-All right, so I'll leave the public hearing open. I'll entertain a motion to come out of the Board of Health COUNCILMAN MONTESI- I'll move to close CONTINUATION OF PUBLIC HEARING ON SEPTEMBER 24, 2012 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 456 RESOLUTION NO. BOH 22,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 10th day of September, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 2.0 PUBLIC HEARINGS PUBLIC HEARING- FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2013-2015 AND AUTHORIZE USE OF RESTRICTED FUNDS PUBLICATION DATE: AUGUST 24, 2012 NOTICE SHOWN SUPERVISOR STEC- Okay, we set this public hearing at our last Town Board Meeting. I'm pleased to say that the contract proposed, the budget proposed for the Fire Company to the Town incorporates a, if I recall correctly, a little bit less than a three percent increase from 2012 to 2013, but then no increase for 2014 and no increase for 2015. So, two flat years after that at a grand total of$280,088 and that includes their operations and their insurance and debt service. I think that, in my opinion, South Queensbury Volunteer Fire Company came with a very flat, very frugal budget and I thank them for that publicly. So, with that said I will open this public hearing and take any comments from the public that there may be on this public hearing. Yes, Eric Lettus. Mr. Lettus ERIC LETTUS- Good evening, Assistant Chief Lettus, Past Chief, South Queensbury Fire. Like to take this time to thank you guys, it's been a struggle when we started back in the end of 2004 when I took over. We've had our ups and downs but I think as a whole department, not just myself, that we've proven to the Town that we can do it. I'm grateful to get a three contract, it's our second one. But I've had a couple of questions come up at our Officer's Meeting, our Board Meeting. Our truck replacement is going to fall in this three year contract as far as signing a contract to receive a new truck, but not take delivery until after 2015, end of 2015. That will get our trucks five years apart from the 2010; we'll take a delivery of a 2015. What we're looking to do is, fortunately, our new truck is going to be paid off before our rescue, but we're doing everything we can, we put fifteen grand that we sold the old truck on it, knocked it down to seventy-two months left on it. The money from the eighty-eight would also go on to that rescue and at that point it would be about a forty-eight month left, then with the moneys we get from that would be put on that. So, hopefully we would have it knocked down. I guess we're looking to keep the same price, if not less, we're not looking to go over the five seventy five that we did the other truck. We're looking to be either the same price or less. How would we go about to do that? COUNCILMAN BREWER- We'd have to open the contract REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 457 SUPERVISOR STEC-Not if you're not changing the dollar amount ASSISTANT CHIEF, LETTUS-No, we're not SUPERVISOR STEC- But if you're going to take on new debt then we'll need you to come to us with the proposal and we give you a resolution that authorizes the new debt. If it's within your contract amount then you don't need to reopen the contract ASSISTANT CHIEF, LETTUS- There will be no increase to our contract, it will be a 2015 negotiation contract COUNCILMAN BREWER- Okay then SUPERVISOR STEC- Okay, then when you're ready to buy that truck, before you order it ASSISTANT CHIEF, LETTUS- Right SUPERVISOR STEC- Before you take on debt ASSISTANT CHIEF, LETTUS- Right SUPERVISOR STEC-You come in and get our approval by Town Board resolution that says we acknowledge that you're going to buy that truck for that amount and finance over that period of time so that we are all on the same page of what debt you're getting into ASSISTANT CHIEF, LETTUS- Right COUNCILMAN MONTESI- And then if you know then you might want to give us an idea what 2015 budget is going to look like ASSISTANT CHIEF, LETTUS- Right, the only increase that I can TOWN COUNSEL, HAFNER- This is thirteen, fourteen and fifteen ASSISTANT CHIEF, LETTUS- Fifteen, right SUPERVISOR STEC- ... a whole new contract ASSISTANT CHIEF LETTUS- It would be somewhere in fifteen we'd get it, so we'd just squeeze it in our budget at fifteen and finish out the year SUPERVISOR STEC- Correct ASSISTANT CHIEF, LETTUS- Looking at probably the same payment we're looking at now, except we are trying to get our debt down SUPERVISOR STEC- Good ASSISTANT CHIEF, LETTUS- Like I said we took the proceeds and put them onto the rescue, trying to get that paid off, we had a twenty year note on that. The new trucks we're only doing ten so the only thing I can see if we get all our apples in the basket and we come here and say listen we're trying to beat the 2014 emission is what we're doing. That's where the big increase of the money is going to go. We are trying to beat that like we did on our 2010, we beat the 2011 emissions by signing early, even though we didn't take delivery until 2011. So we signed in 2009, took delivery, you guys approved it in January of 2010, we were able to sign early. COUNCILMAN MONTESI- How is the new truck? ASSISTANT CHIEF, LETTUS- Excellent, excellent, working out well. Guess my next question is too is if we're looking to lease air packs but we're not asking any money from you, we're looking to do it with the money we have do we have to come to you guys? REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 458 SUPERVISOR STEC- Taking on debt, I can't remember where in the contract that might be addressed TOWN COUNSEL, HAFNER- It says on page 8 ASSISTANT CHIEF, LETTUS- Right, but it's going to be TOWN COUNSEL, HAFNER- To incur debt or to purchase any piece of apparatus or equipment with the value of fifty thousand or more ASSISTANT CHIEF, LETTUS-No, we're definitely going to do it less than fifty. We're going to try to do, we're trying to replace air packs. In 2015 we run into a little problem with our bottles are no good, so we got to start getting on a cycle of whether we do five a year, lease them COUNCILMAN BREWER- Is there a benefit to leasing them rather than buying them ASSISTANT CHIEF, LETTUS- We don't have a hundred thousand dollars COUNCILMAN BREWER- I understand that but ASSISTANT CHIEF, LETTUS- Right, you pay a little more but we're looking to do a three year lease, do ten, it's a three year lease but we're looking to do it with the monies we have, we're not looking to ask for any money, we're going to figure out how we're going to do it COUNCILMAN MONTESI- How much of a life cycle do these things have? ASSISTANT CHIEF, LETTUS- Fifteen years, fifteen years, we tried to buy some used ones when we bought the new truck,we bought ten used ones and we've got four that are no good. They don't sell parts for them and they're discontinued. It's sort of aggravating because we thought we were doing the right thing by buying some used COUNCILMAN MONTESI- So when you lease one how long do you lease it for? ASSISTANT CHIEF, LETTUS- We are going to do a three lease and at the end of the lease we own them COUNCILMAN BREWER- Oh, at the end of the lease you own them TOWN COUNSEL, HAFNER- It's a lease purchase ASSISTANT CHIEF, LETTUS- It's a lease purchase COUNCILMAN BREWER- It's a lease purchase, well I thought you we're just leasing them ASSISTANT CHIEF, LETTUS-No, no, no, we're going to just lease to keep our payment COUNCILMAN BREWER- That's fine ASSISTANT CHIEF, LETTUS- These are questions that I have because I don't want to be saying I think we can do this because according to the contract as long as we're under fifty thousand we can do it, but it's no debt the Town because we're already going to do it with our equipment money COUNCILMAN BREWER- Right TOWN COUNSEL, HAFNER- The total value of the equipment is fifty thousand, not per year, it's a total value ASSITANT CHIEF, LETTUS- Value, right but we'd do, I think ten packs would be just under fifty and we'd do a three year lease REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 459 TOWN COUNSEL, HAFNER- Okay SUPERVISOR STEC- I think you're okay ASSISTANT CHIEF, LETTUS- That's the only questions I had. Thanks guys SUPERVISOR STEC- While you're here, since you mentioned it. I couldn't agree with you more, I think that you guys, I know that there are a couple of you here, but you guys have done a great job these last eight, nine years ASSISTANT CHIEF, LETTUS- Six years SUPERVISOR STEC- I remember the mess that you inherited when you first became chief and you guys have done a great job, and like I said, I think it reflects on not only this new contract but even the last contract COUNCILMAN MONTESI- And you're audits are getting better and ASSISTANT CHIEF, LETTUS- Yeah, I couldn't believe the one thing that they found. It was unbelievable; it was a receipt for our new truck. It was like, wait a minute you guys wrote the check, what do you mean, you don't have the receipt. It is what it is COUNCILMAN STROUGH- Well, with the fundraising efforts that you guys do should be commended. You do have the best chicken barbecue in the area ASSISTANT CHIEF, LETTUS- Thanks guys COUNCILMAN BREWER- Thank you SUPERVISOR STEC- Thank you, Chief. Anybody else like to comment on this public hearing? I will close this public hearing and I'll entertain a motion RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY,INC. FOR 2013—2015 RESOLUTION NO.: 254, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc_, South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 460 WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three(3)year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, September 10th, 2012 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the South Queensbury Volunteer Fire Co.,Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September,2012, by the following vote: AYES: Mr. Strough,Mr. Brewer,Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier PUBLIC HEARING- PROPOSED IMPROVEMENT OF WATER DISTRICT TRANSMISSION FACILITIES TO BE IN PUBLIC INTEREST PUBLICATION DATE: AUGUST 24, 2012 REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 461 NOTICE SHOWN SUPERVISOR STEC- Okay, and Bruce if you want to maybe come up to the mic.just in case we want to add anything. Bottom line is that the Town Water Department is looking at improving our transmission facilities in the area of Evertts Avenue, well along Corinth Road from the main line from the Plant out to Corinth Road and West Mountain Road and then down on Evertts, Foster and Country Club Road; and our estimated expense for this project is 2.12 million dollars. This is going to come from your fund balance so we're going to be okay there as far as you've already got a plan on how to make these improvements. Would your engineer like to add to that at all? BRUCE OSTRANDER, WATER SUPERINTENDENT- This is Jim Edwards from C.T. Male. Basically, I just want to say the water line from the Treatment Plant to the intersection of Corinth Road and West Mountain Road is for redundancy. In 1974 when we started the Water Treatment Facility there was just one twenty-four inch main and at that time it flowed of about a million gallons a day. If something were to happen on that line we had plenty of time to fix that line. Now that we're reaching peaks of twelve and a half million gallons a day the time we have to effect repairs if something were to happen is drastically reduced and we feel it's time to put that redundant main in. In the other areas of Town they're all wet areas, they're all old, tuberculated cast iron pipe. Some of them have quality problems, some of them has external corrosion problems. In particular, near Foster Avenue and Rudley Lane for the quality problems there they hooked back into and old Glens Falls line that comes back into Route 9 and actually I think it's at 693 Upper Glen. It goes right by the corner of their home. So there's situations there that we want to eliminate what's happening at this time. COUNCILMAN MONTESI- That was the line you were losing a hundred thousand gallons a day on wasn't it? WATER SUPERINTENDENT, OSTRANDER- A number of years ago, yes COUNCILMAN MONTESI- Into Halfway Brook WATER SUPERINTENDENT, OSTRANDER- Yes, that's why it took a long time to find because nobody noticed it because it was going right into the Brook COUNCILMAN STROUGH-Now did we get, I know you and I discussed this but did we get language in our contract that speaks to the quality of the lawn replacement? WATER SUPERINTENDENT, OSTRANDER- We've been definitely working on how we can and make sure restoration is done to at least to what it was done before. It's difficult sometimes in the right-of-way there are trees that have to be removed, obviously, when we replace them we don't want to put them back in the right-of-way and we won't be putting a tree back of the same size. But for lawn care I believe that we put in that we want a nurseryman JIM EDWARDS, C.T. MALE- More or less, it's also the time of the year. This project will be wrapping up probably in the summer of next year 2013 COUNCILMAN BREWER- When is this going to go out? MR. EDWARDS- In about a month or so. It's really important that we don't push the issue of seeding during those dry months because our specifications clearly say that we shouldn't be seeding between late May and mid-August. But, it's tough when you rip up an area and put lawn back. People want to see that green grass back just as soon as possible. But we have a drought season and we don't have the ability to water every day, it's very difficult to germinate that seed. We need to be more strict with the seeding times and if we need to temporary mulch or something we'll have to do that during construction and not push the seeding issue to hard REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 462 because grass will not grow in a drought in the middle of July, typically under any circumstance. So it's tough to COUNCILMAN STROUGH- Can I give them your phone number so when I get the phone calls I can relay them to you MR. EDWARDS- Our inspectors get those calls too, so we've lived it also COUNCILMAN STROUGH- Yeah MR. EDWARDS- Yeah, yeah, it's a tough balance because if don't put the seed down it looks like it's still bare dirt then weeds might come up. But if you seed it too fast it just may not grow COUNCILMAN STROUGH- How about these mats that come seeded with fertilizer and the erosion? MR. EDWARDS- They are typically for steep slopes but you know COUNCILMAN STROUGH- I don't know, some of them COUNCILMAN BREWER- Generally, all the work that we've done COUNCILMAN STROUGH- Just weeds came up, there wasn't any grass MR. EDWARDS- A lot of it is the time of the year though also COUNCILMAN BREWER- Yeah. Probably with the amount of work we've done in the last ten or twelve years that I'm aware of we've had very few problems with grass COUNCILMAN STROUGH- The phone calls that I get COUNCILMAN BREWER-No, I understand COUNCILMAN STROUGH- If we can do something COUNCILMAN BREWER- I lived it with you last year COUNCILMAN STROUGH- Yeah COUNCILMAN BREWER- I know,but it's just one of those things you can't make it grow when there's no water COUNCILMAN STROUGH- I thought I'd ask MR. EDWARDS- So the spec is a little more tight this time ... there's going to be more oversight from the contractor's perspective as to what quality of top soil and seed get put down. It will be better than last time COUNCILMAN STROUGH- Well that's good. Thank you SUPERVISOR STEC- Any other questions from the Board? The public hearing's open if any members of the public would like to comment just raise your hand. Seeing none I will close the public hearing and I'll entertain a motion RESOLUTION DETERMINING PROPOSED IMPROVEMENT OF WATER DISTRICT TRANSMISSION FACILITIES TO BE IN PUBLIC INTEREST REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 463 RESOLUTION NO.: 255, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by installing a redundant transmission main along Corinth Road and replacing existing water mains in the vicinity of Everts Avenue, Foster Avenue and Country Club Road, all in accordance with Town Law §202-b, and WHEREAS, C.T. Male Associates, P.C., professional engineers, has prepared an Engineer's Report concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Engineer's Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Town Board was duly designated lead agency for environmental review of the project under the State Environmental Quality Review Act (SEQRA )and determined that the project would not have a significant adverse effect on the environment and a SEQRA Negative Declaration was made, and WHEREAS, at a meeting held on August 20th, 2012, the Town Board adopted a Resolution: (a) describing the proposed improvements as the installation of a redundant transmission main along Corinth Road and replacement of existing water mains in the vicinity of Evertts Avenue, Foster Avenue and Country Club Road, all as described in the Engineer's Report; (b) specifying the estimated expense for construction of such improvements as $2,120,900 and indicating that the cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District to the typical property and the typical one- or two-family home will not be increased; and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 464 (c) stating that the Town Board would meet on September 10th, 2012 to hear all persons interested in this improvement of the District water transmission facilities and to take such other and further action as may be required or authorized by law; and WHEREAS, a Notice of Public Hearing was posted and published not less than ten (10) days nor more than twenty(20)days before the public hearing date, as required by Town Law §202- b, and WHEREAS, a public hearing was duly held at the time and place set forth in said Notice, at which all persons desiring to be heard were duly heard, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. Upon the evidence given at the Public Hearing, it is hereby found and determined that it is in the public interest to make the improvement to the facilities of the Water District as described in the Engineer's Report at an estimated cost of$2,120,900. 2. The Chazen Companies is hereby authorized and directed to prepare definite plans and specifications for the improvements, and to make a careful estimate of the expense and, with the assistance of Town Counsel, to prepare a proposed contract for the execution of the work. 3. Such project is hereby authorized and the Town Supervisor is hereby authorized to take all actions necessary to effect this Resolution. 4. This Resolution shall take effect immediately. Duly adopted this 10th day of September,2012 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR HIGHWAY DEPARTMENT AIR CONDITIONING AND HEATING SYSTEM UPGRADE PROJECT REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 465 RESOLUTION NO.: 256, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for the Town of Queensbury Highway Department air conditioning and heating system upgrade project as will be more clearly specified in bid specifications to be prepared by the Town's Facilities Manager,Town Engineer and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the Town of Queensbury Highway Department air conditioning and heating system upgrade project, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 10`h day of September, 2012, by the following vote: REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 466 AYES: Mr. Stec,Mr.Montesi,Mr. Strough,Mr. Brewer NOES: None ABSENT: Mr.Metivier RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR HIGHWAY DEPARTMENT MOTORIZED YARD GATE SYSTEM RESOLUTION NO.: 257, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for the purchase and installation of a replacement motorized yard gate system to be installed at the Town Highway Department yard entrance, as will be more clearly specified in bid specifications to be prepared by the Town's Facilities Manage and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the purchase and installation of a replacement motorized yard gate system to be installed at the Town Highway Department yard entrance, in the official newspaper for the Town of Queensbury, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 467 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 10th day of September,2012,by the following vote: AYES: Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT: Mr.Metivier RESOLUTION SETTING PUBLIC HEARING ON 2013—2015 FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO.,INC. RESOLUTION NO.: 258, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co.,Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc. have negotiated terms for a new three(3)year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning the proposed 2013-2015 Agreement for fire protection services, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 468 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2013-2015 fire protection services Agreement between the Town of Queensbury and the Bay Ridge Volunteer Fire Co.,Inc., on Monday, October 1St, 2012 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 10th day of September,2012,by the following vote: AYES: Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec NOES: None ABSENT: Mr.Metivier RESOLUTION AUTHORIZING 2013 AGREEMENT WITH WELLCHOICE,INC./ WELLPOINT HOLDING CORP. FOR PROVISION OF ADMINISTRATIVE SERVICES FOR RETIREE DRUG SUBSIDY PROGRAM ADMINISTERED BY CENTERS FOR MEDICARE AND MEDICAID SERVICES RESOLUTION NO.: 259, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 469 WHEREAS, by prior Resolutions, the Queensbury Town Board authorized Agreements between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint), to provide services related to the Town's participation in the retiree drug subsidy program administered by the Centers for Medicare and Medicaid Services, and WHEREAS, the Town of Queensbury has been satisfied with WellPoint's services and therefore wishes to enter into a similar Agreement for 2013, and WHEREAS, a proposed letter-form Agreement dated August 15th, 2012 between the Town and WellPoint is presented at this meeting, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint) to provide administrative services for the retiree drug subsidy for the year 2013 as set forth in the letter-form Agreement dated August 15th, 2012 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such letter-form Agreement substantially in the form presented at this meeting and any other needed documentation and the Town Supervisor,Town Budget Officer and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2012, by the following vote: AYES: Mr. Strough,Mr. Brewer,Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr.Metivier REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 470 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS IN CONNECTION WITH NEW YORK STATE AGREEMENT#C303899 REGARDING ROAD SALT ALTERNATIVES AND BEST MANAGEMENT PILOT PROJECT AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS RESOLUTION NO.: 260, 2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general, and WHEREAS, the protection, preservation and proper management of water quality within the basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document, entitled, "Lake George — Plan for the Future" identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting and enhancing the water quality throughout the Basin, including examining alternatives to the current practices of using road salts to achieve winter road maintenance and identifying best management practices to minimize the application rates of salt and sand to roads throughout the Lake George Watershed, and WHEREAS, by Resolution No.: 537,2008, the Queensbury Town Board authorized submission of the Road Salt Alternatives and Best Management Pilot Project Fund Application for State Assistance Payments in response to New York State's solicitation of Financial Assistance Grant, and WHEREAS, the NYS Department of State recently awarded to the Town of Queensbury, as a participating municipality in the Lake George Watershed Coalition (LGWC), $149,835 in grant REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 471 funds for implementation of the Road Salt Alternatives and Best Management Pilot Project Fund Program, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $149,835 in grant funding to be received from New York State for implementation of the Road Salt Alternatives and Best Management Pilot Project Fund Application for State Assistance Payments Program as more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, and BE IT FURTHER, RESOLVED, that the Town Board further establishes appropriations and estimated revenues as follows: • Increase Revenue in State Aid Account 014-0000-53789-3899 by $149,835; • Increase Appropriations in Misc. Contractual Account 014-8310-4400 by $149,835; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2012 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, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 472 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September,2012, by the following vote: AYES: Mr.Brewer,Mr. Stec,Mr.Montesi,Mr. Strough NOES: None ABSENT: Mr.Metivier *Mr. David Decker with the Lake George Watershed Coalition reviewed for the Board the use of grant funds for road salt Best Management Pilot Project. RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY FRANK PREDA RESOLUTION NO.: 261, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,the Town of Queensbury's Director of Building and Codes Enforcement (Director) inspected property and a home owned by Frank Preda located at 9 Harris Street in the Town of Queensbury(Tax Map No.: 309.6-1-66) and found that the yard is completely overgrown and the building is structurally unsound, in disrepair,unusable and unsafe, and WHEREAS,the Director advised Mr. Preda to take appropriate measures to either rebuild or demolish the structure as more specifically set forth in the Director's June 22nd,2012 letter presented at this meeting, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to demolish the structure, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 473 WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time,the Queensbury Town Board is of the opinion that the structure owned by Frank Preda and located at 9 Harris Street in the Town of Queensbury(Tax Map No.: 309.6-1-66) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe structure on Monday, October 1St, 2012 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property,the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). Duly adopted this 10th day of September, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi,Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr.Metivier REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 474 RESOLUTION SETTING PUBLIC HEARING ON GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2013 RESOLUTION NO.: 262, 2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2013, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 24th, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2013 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 10th day of September,2012, by the following vote: AYES: Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 475 RESOLUTION AWARDING BIDS FOR PURCHASE OF TWO (2) REPLACEMENT VEHICLES FOR WATER DEPARTMENT RESOLUTION NO.: 263,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 229,2012, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of two (2)replacement vehicles for the Town Water Department: 1) a 4x2 Ford F-150 or Chevrolet Silverado 1500 1/2 ton Regular Cab; and 2) a small 5-6 passenger 4-wheel drive SUV, as described in bid documents/specifications prepared by the Water Superintendent, and WHEREAS, following such advertisement and receipt of bids, all received bids were opened and reviewed by the Purchasing Agent and Water Superintendent, and WHEREAS, Van Bortel Ford, Inc., submitted the lowest, responsible bid for the 2013 Sport Utility Vehicle (Ford Escape SE AWD) in the amount of$22,945, and Hoselton Chevrolet, Inc., submitted the lowest, responsible bid for the 2013 1/2 Ton Truck (Chevrolet Silverado 1500) in the amount of $16,805.39, and the Purchasing Agent and Water Superintendent have therefore recommended that the Town Board award the bids accordingly, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the 2013 Sport Utility Vehicle(Ford Escape SE AWD)to Van Bortel Ford,Inc., in the amount of$22,945, and awards the bid for the 2013 1/2 Ton Truck(Chevrolet Silverado 1500)to Hoselton Chevrolet,Inc. for the amount of$16,805.39, and BE IT FURTHER, RESOLVED, that payment for such vehicles shall be paid from Vehicles Account No.: 040-8340-2020, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 476 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to transfer $39,751 from Fund Balance to Vehicles Account No.: 040-8340-2020 and amend the 2012 Town Budget accordingly to provide for such purchases, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September,2012 by the following vote: AYES: Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec NOES: None ABSENT: Mr.Metivier RESOLUTION AUTHORIZING TRANSFER OF SCOTT JARVIS FROM MOTOR EQUIPMENT OPERATOR(MEO) IN HIGHWAY DEPARTMENT TO LABORER IN WATER DEPARTMENT RESOLUTION NO.: 264, 2012 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Tim Brewer REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 477 WHEREAS, by Resolution No.: 169,2012, Scott Jarvis was reassigned to the position of Motor Equipment Operator(MEO) in the Town Highway Department, and WHEREAS, the Town's Water Superintendent has advised the Town Board that there is a vacant Laborer position in the Water Department due to the retirement of one of his full-time employees, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted the vacant Laborer position within the Town, and WHEREAS, Scott Jarvis has applied for a transfer from his current MEO position in the Highway Department to the vacant Laborer position in the Water Department, and Mr. Jarvis meets the requirements for the position and is the most qualified applicant from the Town who desired a transfer, and as such, the Water Superintendent has requested Town Board authorization to transfer Mr. Jarvis from the MEO position in the Highway Department to the Laborer position in the Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of Scott Jarvis from his current MEO position in the Highway Department to the vacant Laborer position in the Water Department effective on or about October 1St, 2012 subject to a ninety (90) day probationary period, successful passing of a pre-employment physical, and any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Jarvis shall be paid at the rate of pay specified in the Town's CSEA Union Agreement for the Laborer position for the year 2012, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 478 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September,2012 by the following vote: AYES: Mr. Strough,Mr. Brewer, Mr. Stec,Mr. Montesi NOES: None ABSENT: Mr.Metivier RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST MIKE BARBONE AND/OR EAST SLOPE HOLDING,LP RESOLUTION NO.: 265, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, East Slope Holdings, LP owns property at 59 West Mountain Road in the Town of Queensbury (Tax Map Parcel No.: 307.4-29) and Mike Barbone (Barbone) is the owner and General Manager of the West Mountain Ski Center (the Ski Center) at the property, and WHEREAS, the property is in the Town's Recreation Commercial, (RC) Zoning District in which an Outdoor Concert Event is listed as an allowable use subject to a Special Use Permit obtained from the Town Planning Board, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 479 WHEREAS, Barbone is currently advertising to the public that an Outdoor Concert Event will take place at the Ski Center on October l lth through 14th, 2012 but there is no Special Use Permit in place that would allow such an event, and WHEREAS, the Town Board recently learned that there is also a music festival advertised for September 22" 2012 at the Ski Center called "RedNeck Helffest III"which is being promoted as including overnight camping and on-site tattooing, and WHEREAS, Barbone has been repeatedly advised of the requirements to obtain a Special Use Permit but has refused to file a proper application and has indicated in the past that he will not do so, and WHEREAS, the deadline to submit an application for the October Planning Board agenda was August 15th and although Barbone was advised of this deadline, he did not submit an application but contacted a Town Board member on September 4th and stated he would submit his application, and WHEREAS, based upon Barbone's past actions and the statements he has made in the past to the Town's Zoning Administrator, the Town Board remains concerned that Barbone may proceed with the advertised event regardless of whether a Special Use Permit is obtained, and WHEREAS, the advertisements for the events, including the on-site tattooing in September, indicate that the events will include Transient Merchants or a Transient Merchant Market and there is no Transient Merchant License in place, and WHEREAS,the Town is extremely concerned that an event will occur as advertised without consideration of the numerous factors considered by the Planning Board prior to issuance of a Special Use Permit and that this will pose a danger to the public, a risk to the environment and have unacceptable impacts on the neighbors and surrounding community, and REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 480 WHEREAS, Queensbury Town Court lacks injunctive power to require compliance with the Town Code, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and injunctive relief, including obtaining a Temporary Restraining Order if it becomes apparent that Barbone intends to violate the Town Code and proceed with an unapproved event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby directs the Town Zoning Administrator to advise Town Counsel in the event Barbone fails to submit a completed application for a Special Use Permit sufficient to allow consideration in time for the October l ltt' advertised event, and BE IT FURTHER, RESOLVED, that in the event Mike Barbone and/or East Slope Holding, LP proceed with any event without proper approvals, or in the event that Mike Barbone and/or East Slope Holding, LP obtain a Special Use Permit for an event but fail and/or refuse to abide by any and all conditions attached thereto, or to obtain a Transient Merchant License if required, the Town Board hereby authorizes and directs Town Counsel to pursue action in the Warren County Supreme Court seeking: 1. A Temporary Restraining Order and other preliminary and permanent relief to prevent and/or disallow any event that has not been properly permitted at 59 West Mountain Road or any other site controlled by East Slope Holding LLC or Barbone in the Town; and 2. Fines and penalties, for the willful violation of the Town Code; and 3. An award of attorney's fees and costs required by this action; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 481 RESOLVED, that the Town Board further authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Zoning Administrator and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 10th day of September,2012, by the following vote: AYES: Mr. Brewer,Mr. Stec,Mr.Montesi,Mr. Strough NOES: None ABSENT: Mr.Metivier RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 266, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi 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, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 482 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 2012 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-8540-2899 Drainage 6,750 001-1990-4400 Contingency 001-3989-4400 Public Safety 750 001-1990-4400 Contingency 001-1355-4090 Training 1,350 001-9060-8060 Health Insurance 001-9060-8060 Vet Services 2,000 Equipment 001-9060-8060 Health Insurance 001-1620-4810 Rental 4,000 Increase Revenue 21,82 040-0000-55710 Bond Proceeds 4 Increase Appropriation 040-8310-4720 Consultant 9,500 040-8310-4131 Attorney Fees 12,324 Duly adopted this 10th day of September, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr.Brewer NOES: None ABSENT: Mr.Metivier RESOLUTION APPROVING AUDITS OF BILLS— WARRANTS OF AUGUST 30TH,2012 AND SEPTEMBER 11TH,2012 RESOLUTION NO.: 267, 2012 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 483 WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of August 30'1i, 2012 and September 6th, 2012 and payment dates of August 30th, 2012 and September l Ith, 2012, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of August 30th, 2012 and September 6th, 2012 and payment dates of August 30th and September I It', 2012 totaling$449,575.69 and$784,294.81,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. Duly adopted this 10th day of September, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AWARD OF BID FOR WEST BROOK LANDSCAPING PROJECT RESOLUTION NO.: 268, 2012 REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 484 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in 2009, the NYS Department of State awarded to the Town of Queensbury, on behalf of all participating municipalities in the Lake George Watershed Coalition (LGWC), $1,200,000 in matching grant funds for implementation of the Local Waterfront Revitalization Program for 2009-2010, such funds to supplement an announced construction project being progressed by the New York State Department of Transportation to reconstruct part of Route 9, extending into the Village of Lake George, with the local match for this grant already secured by three members of the LGWC, namely the Town of Lake George, Village of Lake George and Warren County, regarding the purchase of the Gaslight Village property and the LGWC's purchase of the 1400 acre Berry Pond Tract located within the West Brook Watershed, and WHEREAS, by Resolution No.: 297,2009, the Queensbury Town Board accepted such $1,200,000 in matching grant funding from New York State for implementation of the Environmental Protection Fund Application for State Assistance Payments — Local Waterfront Revitalization Program, Year 2009-2010 program as more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, established appropriations and estimated revenues for such grant funding, and authorized and directed the Town Supervisor to execute a Grant Agreement and any other associated documentation and take any other action necessary to effectuate the terms of such Resolution, and WHEREAS, David J. Decker, P.E. &Associates provides program and project management services to the Town relating to such grant funds and as such, prepared bid documents and specifications to advertise for bids for Phase 2 of the Gaslight Village Property Project known as the West Brook Landscaping Project, an advertisement for bids was published, and bids were received, and WHEREAS, on September 6th, 2012, all received bids were opened, and WHEREAS, the Town Purchasing Agent and David Decker have recommended that the Town Board award the bid for the West Brook Landscaping Project to the only and therefore lowest, responsible bidder, Natural Restorations by Linda J & Co., Inc., for an amount not to exceed $295,555, REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 485 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the West Brook Landscaping Project from the only and therefore lowest, responsible bidder, Natural Restorations by Linda J & Co., Inc., for an amount not to exceed $295,555, to be paid for from grant funds received by the Town as set forth in the preambles of this Resolution, from Account No.: 014-8310-4400-6868, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Natural Restorations by Linda J & Co., Inc., in form acceptable to the Town Supervisor, David J. Decker, P.E. & Associates, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,David J. Decker,P.E. &Associates, Town Purchasing Agent, Town Budget Officer, and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of September, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer, Mr. Metivier *Mr. Decker explained to the Board that this is a bid package that was put out in conjunction with a grant that was awarded to the Town back in 2009 for the improvements at the old Gaslight Village property. RESOLUTION SETTING PUBLIC HEARING ON LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2013 REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 486 RESOLUTION NO.: 269, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2013, contingent upon adoption of the Final Order approving establishment of the Lake Sunnyside Aquatic Plant Growth Control District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 2e, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2013 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, contingent upon the Queensbury Town Board's adoption of the Final Order approving establishment of the Lake Sunnyside Aquatic Plant Growth Control District, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 10th day of September,2012, by the following vote: AYES: Mr. Strough,Mr. Stec,Mr. Montesi NOES: None ABSENT: Mr. Brewer,Mr. Metivier 4.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 487 KEVIN QUINN- Spoke to the Board regarding the Lake Sunnyside Aquatic Plant Growth Control District. He noted the cost factor as being a concern to him. He owns a ten foot right-of- way, owns five deeds with ten other deeds on that and he's paying the same as somebody who has a single house with three hundred feet of lakefront. TOWN COUNSEL, ROBERT HAFNER- Explained the Map, Plan and Report and how the costs are being allocated. MR. QUINN- Asked the Board about possibly relinquishing his lake rights if he has to pay on all twelve of his houses. TOWN COUNSEL, HAFNER- At the next meeting the Town Board will have a final order, which is the final order, the final step in forming a district. In that final order there is a provision that says if you don't have lake rights and happen to be inside the district, the map was only supposed to include who had lake rights, that you would have zero benefit units. Explained that if he, by deed, gave up his lake rights then he would have zero units, which would mean he would pay nothing. MR. QUINN- Can the formula be changed? TOWN COUNSEL, HAFNER- There is a process for changing a benefit tax formula and we can advise the Town Board on that. SUPERVISOR STEC-Will speak to the Assessor tomorrow regarding Mr. Quinn's concerns JOHN SALVADOR- With regards to setting the public hearing on the Lake Sunnyside resolution, will there be any direct notification to these people? TOWN COUNSEL, HAFNER- Yes • Asked the Board for an update on question he presented at the previous Board Meeting regarding a court ruling that says the Town of Lake George does not have the authority to regulate docks and boat houses; what does that mean long-term for the Town of Queensbury? TOWN COUNSEL, HAFNER- We currently have regulations that are still on the books that have not ever been determined not to be valid. We are continuing to enforce them and people who want to move forward have to follow our regulations. We will be glad to report to the Town Board and see if you want to consider changing your regulations or hold off until we see whether or not the State will grant us authority. MR. SALVADOR- Recently attended a Lake George School Board Meeting. The Business Manager made the statement that they have a reserve fund of fifty thousand dollars for Article 7 Settlements. The Crandall Library also budget an amount of money for Article 7 settlements every year. Concerned that these monies are never paid. Noted you never see in the budgets the amounts paid out. 5.0 CORRESPONDENCE- NONE 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Nothing to report COUNCILMAN STROUGH- Spoke on the 250th Anniversary Celebration we had on August 25�'. Thanked everyone who was part of that, Supervisor Stec for being the Master of REGULAR TOWN BOARD MEETING 09-10-2012 MTG#19 488 Ceremonies, Chuck Rice and the Building and Grounds Department, Darleen Dougher, Melissa Pagnotta, the pilots who flew overhead, the City of Glens Falls, Mayor Jack Diamond and Members of the Common Council, flutist quartet (Karen Rager, Keri Bondy, Barbara Lauer and Ashley Meade), the Margo Macero Band, the reenactors (Rick Salazar, Chuck Vandrei, Mike O'Dalaigh, Bradley Allen, Ken Aldous, John Muller), Joann Adldous, Doug Baertschi, Jennifer Baertschi, Joe Dawson, June Krause; and finally Marilyn VanDyke for masterminding the whole thing. It was a great event, Teresa Sayward was here and some of our former supervisors, John Austin, Fred Champagne, Dennis Brower, and John Webster. COUNCILMAN MONTESI- • Our Facilities Coordinator, Chuck Rice has done a great job on this building and the building next door. His next project will be the Highway Department. We just went to bid for new air conditioning for the Highway Department. • On Wednesday, September 12th he and Councilman Strough, who are co-chairs for a meeting with the Planning Board and Zoning Board, will be meeting regarding the property across the street. SUPERVISOR STEC- • Thanked Councilman Montesi and Councilman Strough for the work that they have put in these last couple of weeks with each other and staff on the PO upcoming proposal. • Thanked Councilman Strough and Dr. Marilyn VanDyke for organizing the 250th Anniversary celebration. Also thanked staff for all their work leading up to that day and on the day of the event; as well as all the volunteers and participants who volunteered their time to come and celebrate that milestone for the Town. A special thanks to Chuck Rice, Superintendent of Building and Grounds; he has been very busy getting the facility ready for August 25th. With the exception of some work at the Highway and painting most of the big infrastructure issues on our campus have been addressed. • A reminder of the Town's website www.queensbury.net. There is a lot of good information is available there. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 270, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 10th day of September, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier Respectfully Submitted, Darleen M. Doughier Town Clerk Town of Queensbury