Loading...
2005-09-26 MTG 43 842 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 REGULAR TOWN BOARD MEETING MTG. #43 September 26, 2005 RES. 449-471 7:00 p.m. BOH 22-23 LL#3 TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS TOWN COUNSEL BOB HAFNER EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA DEPUTY WASTEWATER SUPT. MIKE SHAW PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 449.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Town Board hereby moves into the Queensbury Board of Health. th Duly adopted this 26 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner QUEENSBURY BOARD OF HEALTH 1.1Public Hearing – Sewage Disposal Variance Application of Mary Miller Supervisor Stec-We are in the Board of Health, a public hearing on a sewer disposal variance for Mary Miller, I will turn it over to the applicants and just allow you to introduce yourselves for the record please and then tell us about the project. Mrs. Mary Norton Miller-My name is Mary Norton Miller Mr. Paul Miller-I am Paul Miller her husband. Supervisor Stec-Again, we did notice this public hearing at a Town Board Meeting a couple of weeks ago and, bear with me while I dig it out, this is for a holding tank and a couple other variances that would place the holding tank eighteen inches from a property line in lieu of ten foot set back and twelve inches from a dwelling foundation in lieu of ten foot property and the property location is fifteen Snug Harbor Lane. Is that all correct? 843 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Miller-That is correct. Supervisor Stec-Why don’t you just introduce the project a little bit and then we will probably have a little q and a from the Town Board and then I will open the public hearing for public comment. Mr. Miller-The property had an existing camp back, I do not know, 1988 that we have renovated. We use the existing septic system well be it small and we knew that at that time. Currently we are trying to update the property and holding tank seemed to be the only viable solution. We spoke and met with Dave Hatin several times we have looked at alternatives and came up with this one as being the final and frankly the only one that will work on this property. It requires the installation of three, twelve hundred and fifty gallon PVC tanks so that they are light weight, can be carried into place. All the work has to be done by hand there is no room for equipment to be used. That’s pretty much it. Supervisor Stec-Darleen we do have a memo from Dave Hatin if you would read that into the record at this time. Town Clerk Dougher- Ltr. I have received a call from a neighbor, Diane Barber who owns the property immediately south of this location. She states that even though this lot is vacant there is a well and septic system currently on the lot. I would ask the Board to table this application until Mr. Miller can obtain the exact location of this well and a signed release from Diane Barber for the review of this board at a future date. If you have any questions or concerns please do not hesitate and contact me. Town Clerk Dougher-I also have a letter from Diane. Ltr. Gentlemen, I will be out of the country at the time of this public hearing, Betty Monahan will represent me in my absence. Since 1972 I have owned the property south of the applicant our family has owned this property since the early 1920’s. Please note there is an omission on the Miller application. There is a well on my property, there is a septic on my property both the well and the septic are located near the applicants and my shared boundary line. I informed Dave Hatin in the Community Development Department of this omission and a phone conservation this week. My future plan is to appear before the appropriate boards for approval to reconstruct a single family residence on this property. I therefore request that any decision on the Miller Application will not adversely affect my rights and future plans. Daine Barber Kansas Supervisor Stec-I will open it Mr. Miller-May I respond? Supervisor Stec-I was just going to say, I imagine that this will be question number one for somebody, so why don’t you try to address that please? Mr. Miller-I have with me and I would like, I do not know if it is appropriate or not, but I th have another letter dated August 6 1989 from Diane Barber to this same board and it claims at that point that there is a well and septic on there and then I would also like to introduce or to give every board member a copy of the minutes of the meeting from back 844 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 in 1989 back when Mr. Borgos was Supervisor and I would like to hand it out and let you read it first and then I will follow it up. What it does it discusses this well, alleged well and the fact finding mission that Dave Hatin went on and Marilyn Potenza. The fact that no well was found then and that the Board acted on a septic variance for Dick Cutting just to the South of this property and at no time after this investigation was there any part of the resolution mentioning a well. The well doesn’t exist, didn’t exits and by virtue of this board finding that fact to be so in 1989 elevates me from having to prove it, I believe. (passed out papers to the Board) Supervisor Stec-Well, if we don’t we will be able to get them, all five of us, four of us tonight and the Clerk, Darleen at the end of the line there, thank you. Mr. Miller-These are actual minutes.. Supervisor Stec-the Clerk, that is actually the most important one. Town Clerk Dougher-(Received copy of the hand out –on file) Councilman Boor-We are probably not going to act on this tonight, so I am going to read this when I have Mr. Miller-I do not know why you wouldn’t? Supervisor Stec-We will need you at the microphone Mr. Miller. All right if there are any questions right now from Town Board Members and then we will open the public hearing and take. Councilman Brewer-I do have a question, these tanks and I do not know if you would know the answer or not or we could find the answer out, do they have to be Department of Health approved or some kind of a certification? Mr. Miller-I do not know as if they have, these tanks are specifically made as holding tanks, it says septic and holding both. Councilman Brewer-Can be used as a septic tank, holding tank, a pump chamber or as a pristine tank for potable water. It says it can be used. Just a question I have, I don’t know the answer to or whether they have to be certified or Mr. Miller-Well, Dave Hatin, looked at the specifications on the tank and he didn’t have a problem with it. Councilman Brewer-Well, Dave Hatin is not the Department of Health. Mr. Miller-But bear in mind this is only part of the process actually getting the permit we will get more specific to the specifications on this. Councilman Brewer-Just out of my own curiosity that is all. Supervisor Stec-Any other questions right now before I open the public hearing? Mr. Miller-I do want to point out, that this board had already acted on this. Councilman Boor-Not this board the Town Board. Mr. Miller-No, in the Board of Health. Councilman Boor-Not this group. Mr. Miller-Not you guys particularly. Councilman Boor-We have never seen this application. 845 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Miller-But, it is still a common Board. Supervisor Stec-We are going to hear and we will make a decision. Do any Town Board Members have questions right now before I open this to the public? Councilman Boor-I have some but I will wait until after. Supervisor Stec-I will open the public hearing if there are any members of the public that would like to comment or ask any questions on this septic variance just raise your hand, I will call on you and we will ask you to come to the microphone. Mrs. Monahan. We will ask you to have a seat in the front row here and we will take some public comment. Good evening, Mrs. Monahan. Mrs. Betty Monahan-Betty Monahan, Sunnyside Road I am appearing here on behalf of Diane. I do not know why there was found that there was no well on the road, or excuse me on the lot. It said that Dave Hatin and Marilyn Potenza visited the lot, they certainly did not do it with Diane, Diane was in Florida at the time, with a job down there. Perhaps they could not find it. But there is, I believe it is a point, I will not swear to that but there was a well, Diane and her husband and her family lived there full time and after they went over to Brookwood Drive that place was rented to two different people, it burnt while the second occupants were in there. In the mean time Diane has had because Dick Cuttings property is up for sale, Diane has had VanDusen and Steves come up to remark the property. When she went over to find, check their work, she came up from Delmar just before she left she found that they had not marked the line between Paul Miller and her therefore she asked them to meet her again the Thursday before she left to go out of the Country. They have not completely marked that side but she was told by the representative of VanDusen and Steves it looks like the deck is either right on the line or maybe over on her line. They told her they would be up within a few days to put several stakes along that boundary line so that, that boundary line will be more clearly defined. So there maybe a problem with the dimensions on that application. Are there any other questions I can answer? Supervisor Stec-Any questions for Mrs. Monahan? Councilman Boor-Not at the moment. Supervisor Stec-John or Tim? Supervisor Stec-Thank you Mrs. Monahan, anyone else from the public like to comment on this public hearing this evening? Ok. Why don’t you come back, I do not see any others. Perhaps Board Members now have some additional questions Councilman Boor-I have a couple. I forgot you first name? Mr. Miller-My name is Paul. Councilman Boor-Paul. Have you seen the application that we received with the map, th the map we have is dated May 8 1989? Mr. Miller-Yes. Councilman Boor-Is this the way the residence is currently? Mr. Miller-That is correct. Councilman Boor-So, this deck on the southern portion in this 1989 map is the same as the one that is on there now? Mr. Miller-Yes. Councilman Boor-To the southern exposure. Not the one that shows it out across the property line on the north. 846 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Miller-One of them is an elevated deck Councilman Boor-What is that? Mr. Miller-One is an elevated deck, there is actually terracing and a stairway down. Councilman Boor-Well, I know, but, is this an accurate map of what is there now? Mr. Miller-Yes. Councilman Boor-Because, I was out there today and it looks like there is a deck to the south side that is not on this map. Mr. Miller-There is terracing down through there. Councilman Boor-I am talking about a deck. A wood deck. Mr. Miller-A ground level deck is, an elevated dock or something at ground level? Councilman Boor-A deck, a deck off of your house on the south side that is not shown on this diagram. Mr. Miller-Lets understand each other. If it is built right at ground level it is not a deck. Councilman Boor-It is a deck. Mr. Miller-All right it’s a deck. Councilman Boor-Well, no, but I mean there are set, you know there are set back requirements and I believe that there is the possibility that Mrs. Monahan is correct and the deck on the south side I believe maybe fringing on the property line and where you are showing these holding tanks to be would have to be between the deck and the property line and I am not sure Mr. Miller-It is under it. Councilman Boor-You can’t, I am not going to get into what the requirements are, where a holding tank can and can’t be. But, I am concerned that the drawing we have from 1999 does not accurately depict the site as it is today. Mr. Miller-Dave Hatin reviewed that with me and had no problem with it. We walked the site and concluded it. Councilman Boor-I am not overly concerned with that my question goes to is this map accurate? Mr. Miller-It is accurate to the respect of where the house is on it, now whether there is ground level decking and patios Councilman Boor-That is my question. Mr. Miller-That aren’t shown there, that is probably true, yes. Councilman Boor-Ok, thank you. Mr. Miller-But, I have no idea how that weights in. The existing septic system, let me clarify this, is in that same position. Councilman Boor-That is fine. Mr. Miller-Exactly the same position. 847 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Councilman Boor-But we are looking at a new application, now. Mr. Miller-In order to remove it the decks would have to be removed. Supervisor Stec-John or Tim do you have any questions right now? Councilman Brewer-I guess the only thing I would want to know is, if that tank has to be certified or, I know we talked about another person that put a tank in his cellar, remember that, it was a plastic tank. Councilman Boor-It was off of Alexy Drive right there at the end of Dunhams Bay. Councilman Brewer-I honestly do not remember if it was a similar tank or do they have to be certified or I would like to know the answer to that question. Councilman Boor-The other thing is I do not know, have you seen the letter from Dave th Hatin dated September 19? Supervisor Stec-The one that was just read in. Councilman Boor-Have you seen it? Mr. Miller-Yea the one that he sent to me. Councilman Boor-He is asking for this thing to be tabled you know that, Dave Hatin. Mr. Miller-I understand that, but it was on his recommendation that I go to the old files because I told him at that time I know a test was done an air test and I went through Freedom of Information Act as to public records and found the documentation where Dave was there himself and witnessed that. th Councilman Boor-Yea, I now but this, was that before or after September 19. Mr. Miller-It was after that. I did not know I needed more information into that. Councilman Boor-We do not have a subsequent memo from him. This is all we have. Mr. Miller-Well, that is because he had to take off. Councilman Boor-Well, and so did Mrs. Barber. I think in fairness to both our Code Enforcement Officer and the adjoining property owner and to you I think it would be Mr. Miller-Well, I guess I do not understand Councilman Boor-important that we have the facts and we know them to be correct before we render a decision on this. Mr. Miller-How can we not and yet according to the minutes of this meeting we cannot say that there is validity to his findings back in 1989? Councilman Boor-That is probably what we are going to look into, Paul, we are going to check and make sure that those are accurate and there isn’t a well. That is the purpose. Mr. Miller-How could the Board rule if it wasn’t correct? Town Council Hafner-This isn’t really a chance to fight, it is a chance for them to hear the evidence they want it is not a time to get into a debate between the two of you and it is sixteen years ago that the date of what you are saying a lot can happen in sixteen years. Mr. Miller-Nothing has changed it is a vacant lot. 848 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Supervisor Stec-Mr. Miller, if I may, Mr. Miller-It is a vacant lot. Supervisor Stec-I have got two questions that, a minimum that I am aware of that the Board wants answered right now. The one that Mr. Brewer is asking about the tanks, the one that Mr. Boor and I think the rest of us have concerning Mr. Hatin’s memo and I going to take a shot in the dark here right now, but I think it is the desire of the Board to take this for a week. Our next meeting if we get the answer a week from now we can act on this perhaps. Councilman Brewer-We can act on this the third. Councilman Boor-Nobody is saying no we just need information, you know. Mr. Miller-I understand that. But I thought this evidence was pretty darn good. Councilman Boor-It is pretty darn old. Mr. Miller-This is a board of your the very same Supervisor Stec-And we have a recommendation from the guy that gives us the input on all of this telling us to table it tonight and I think the prudent thing for us to do under Mr. Miller-He did not know that I was going to come up with this. Supervisor Stec-understood. So, what I am going to do is I am going to leave the public hearing open and I am going to wait and see if we can get answers to this question at some point in the future we will reconvene this public hearing and perhaps get to a resolution on this variance request. I think that is the prudent thing for the Board of Health to do if it has these questions. Frankly I do not think you want to insist on a vote tonight. Mr. Miller-Fair enough. How soon could this happen? Supervisor Stec-We are going to ask you to work with Marilyn Ryba and her office, Marilyn is Dave Hatin’s boss. That is Marilyn Ryba right over there and she will, her office or Dave will apprise you as to when this will be ready for the agenda again. Councilman Brewer-Possibly we could do it on the third, right? Mr. Miller-It is my understanding that Dave is on some emergency response. Supervisor Stec-Why don’t we let Dave’s boss answer that question. rd Executive Director Marilyn Ryba-I was just going to say Dave it out until October 3. he rd will be returning on October 3 so in terms of getting information correct. th Supervisor Stec-So, it would be the 17 would be the next. Councilman Brewer-Why couldn’t we get the answers from somebody else? Councilman Boor-Because there are other questions, the surveyor, we have got to get the thing back from the surveyor; there is a lot of stuff. Councilman Brewer-I am just asking. Supervisor Stec-Is is feasible to get an answer in a week if Dave’s out this week? Councilman Boor-No. 849 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Councilman Brewer-The certification answer to the tank, I think that is pretty easy, we could find that out. Supervisor Stec-I think that is a smaller of the two questions, Councilman Brewer-Understood. Supervisor Stec-for me anyways and I am sure Roger. Councilman Strough-I have four outstanding issues, that adjacent properties well locations has not been determined with any degree of surety, giving us the minutes of a 1989 Town Board Meeting doesn’t negate the existence of a well. So, there is some question as to the location of the property line, I think that has to affirm. The site plan should show all buildings and attachments that is everything so that we have a good visible representation. I think also an order would be a letter from a septic company that access where you are proposing to put these holding tanks is easily accessible. Mr. Miller-It is all hand work. Councilman Strough-But you have to have these pumped periodically. Councilman Brewer-They have to be pumped out. Councilman Strough-Whether it is once a month or once every three months. Mr. Miller-But they pump it now. Councilman Boor-But they do not pump it from the location that is going to be eighteen inches from somebody else’s property, you are seeking a variance. Mr. Miller-You have to understand the existing septic system Councilman Boor-I understand completely. Mr. Miller-is in the exact same location we are proposing for the holding tanks. Councilman Boor-But you are seeking a new one. Mr. Miller-But it is going in the same spot. Councilman Strough-I think then I guess from what you are saying it would be no problem to get a letter from your septic maintenance person. Mr. Miller-It shouldn’t, but I guess I do not understand. Did you visit the property? Councilman Boor-I did. Mr. Miller-It is only twenty feet from where you park, it doesn’t get any easier. Councilman Boor-My concern is where the property line is and that deck I see on the south side that is where those tanks would have to go. That is not shown on here. The map does not show that. Mr. Miller-It is under the deck. Councilman Boor-Well, you see you do not show that deck on this drawing. We have to know what we are dealing with. Mr. Miller-I did not realize it, Dave did not realize it that you had to actually show the decking at ground level as being a deck. Councilman Boor-I just hope it is on your property. That is my concern. 850 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Miller-It is. Councilman Boor-I am genuine when I say that, I hope it is on your property. Mr. Miller-Every inch of that deck is on my land it is just another reason they are coming up with. Councilman Boor-They are not coming up with it, I visited the property and I tried to visualize what the drawing shows and what was there and they are not even remotely similar. Mr. Miller-I know that I am right to the line. Councilman Boor-Well see that is not, whatever. Supervisor Stec-Is there any, for tonight is there any more public comment on this public hearing? Councilman Brewer-So we will table until Supervisor Stec-I want to see if there is anymore public comment? Mrs. Monahan? Microphone please. Mrs. Monahan-I just wanted to add that I do not think Diane will be back in the country rd until right after the 3. Supervisor Stec-Thank you. I am going to leave this public hearing open. Do you have any questions, anybody, we will leave it open. Councilman Boor-I would be willing to meet with you sometime in the week if you want to show me what you have got. Ok. Supervisor Stec-I think we are going to want some sort of level confidence from Dave Hatin he is the guy that we asked to do this, he is the guy we pay to do this, he is suggesting we table it because he has got questions. I understand that is leg work on your part it has been done since then we would feel better I am sure if we heard that Dave was a little more certain as to whether or not there is a well there or not. Hopefully there isn’t and hopefully in three weeks we will be done with this but for tonight and we have dozens and dozens of these sorts of hearings. Councilman Brewer-Is time an issue with you Sir to get this thing done? Is there a problem with that system right now? Mr. Miller-What is that? Councilman Brewer-Is there a problem right now with the existing system that time is of the essence? Mr. Miller-No the house is not lived in right now, we are planning to dispose of that land, it is for sale and we have a contract for .. Councilman Brewer-Ok. Supervisor Stec-All right we will leave this public hearing open. BOARD OF HEALTH RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON OUTDOOR FURNACE/BOILER APPLICATION AND WAIVER 851 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION NO.: 22, 2005 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 119 “Outdoor Furnaces” to issue waivers from the Town’s Outdoor Furnace regulations, and WHEREAS, John Coon has applied to the Local Board of Health to obtain a permit for an outdoor furnace from the Town Fire Marshal and a waiver from certain requirements of Chapter 119 concerning Mr. Coon’s property located at 50 Woodchuck Hill Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, October 17, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Coon’s outdoor furnace/boiler application and waiver application concerning property located at 50 Woodchuck Hill Road in the Town of Queensbury and bearing Tax Map No.: 252.-1-58 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and suggests that the Town Clerk send a copy of the Notice to neighbors located within 500 feet of the property. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner Discussion-Supervisor Stec-I believe that this is the first public hearing that we have had for a waiver from outdoor/furnace boiler application local law. We will treat this like a septic variance as far as notification. Mr. John Coon-50 Woodchuck Hill-noted received letters from both neighbors giving me permission for a wood burner…the variance is a set back 852 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 from the distance to the side yard, need four hundred foot, owns eleven acres but only three hundred and twenty foot in width so I lack eighty feet. Nearest neighbor three hundred feet away. Discussion held Town Board requested the Fire Marshal visit the site… Discussion – Spark arrestor - Mr. Miller-I can purchase one for this boiler… Vote taken RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 23.2005 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Queensbury Board of Health and moves back into Regular Session. th Duly adopted this 26 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner 2.0PUBLIC HEARINGS 2.1Public Hearing On Construction Of New Squad Building by West Glens Falls Emergency Squad, Inc. And Corresponding Amendment to Agreement Notice Shown Supervisor Stec-This public hearing was set two weeks ago by the Town Board and also at our workshop a week ago today the Town Board did pass a transfer of land agreement, resolution between the Town who just recently acquired property from Queensbury Economic Development Corporation where the Rescue Squad Building would locate to on the corner of the new connector road and Luzerne Road and with the Squad who would be swapping for that property the property that they currently own on Main Street. We had appraisers, appraisals done and values assigned to both properties and that was approved a week ago and there is a thirty day permissive referendum period after which we can have completed the closure and the title transfer and all of that. So, that thirty th days will expire on October 19. So, the property transfer was accomplished last week and this is the resolution that was set to have a public hearing for tonight to discuss the actual construction and the cost of the new rescue squad building. Again will be located on the corner of the future connector road and Luzerne Road. On the principal amount for the entire project not to exceed one point seven million and Bob I think you did make a change if you want to announce what those changes are? To the resolutions that came about we wanted to make sure we are crystal clear. Town Council Hafner-In the fourth Whereas, they are both dealing with the financing, the resolutions envisions that the total cost of the project is 1.7 million and that the total amount that could be financed, the maximum that could be financed is 1.55 million. That will require a change in the proposed resolution in the fourth Whereas and in the second Resolved, which is on the top of page two and also the fifth Whereas which is on the top of page two. Again, at the time we drafted it we were not sure how much was going to be the Town Board was going to consider as the maximum amount to be borrowed. Since then there has been some meetings with the squad some determinations of the money from the transfer the purchase of their lot and the sale of our lot. It was decided to have some of the money from the sale has to be used to pay down the debt. There is some debt 853 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 on the building that we are going to be buying so the maximum amount that this resolution as amended allows is 1.55 million. Councilman Boor-It is important to note that since most of the squad is here that we are neither encouraging nor hoping that you will spend 1.55 million. Supervisor Stec-Less is more in this case, actually the resolution does say that not less is more but words to that affect. I will open the pubic hearing and if there is any members of the public or the squad president feels that she wants to make a statement. If there are any members of the public that would like to ask questions or make any comments regarding this public hearing I just ask people to raise their hand and I will call on them and we will hear the comments and if there are any questions we will try to get an answer. Anyone at all? Mr. Tucker? Mr. Pliney Tucker-41 Division Road, West Glens Falls, Queensbury I am in the dark, what are we buying? Is there any pictures or anything? Councilman Boor-Yes Supervisor Stec-Yes, I do not see any tonight. Do you have any pictures? I can tell you, actually that is a good question and all right, the rescue squad has met several times with the Town Board over the last several years, some say six or seven, some say three or four, it has been a long time. In all seriousness in the last several months we have been meeting very regularly with them. As they honed in with their architect on the design for a new rescue squad building I cannot recall off the top of my head the square footage of their current building, however anyone that is familiar with it knows that they are out of space and the building is in tough shape but most importantly the new Main Street road and the new connector road are a County Project and Town Project respectively that require the acquisition of that and removal of that building to accommodate the new roads that are involved. That was where the County and the Town are coming from then certainly the rescue squad has separately and independently from that issue been asking for a long time for the Town to cooperate with them and do something with their building. So, the Town did ask them to work with their architect they have, we have done a little bit of our own checking to make sure hey is the size of this building compatible with similar rescue squads in the area. The design that they have is ten thousand plus or minus a little bit of square feet, there is a basement involved, mechanical room, so the ten thousand square foot I do not necessarily want to get into their bidding process. We did contact Moreau, and Fort Edward who run very comparable call volumes like I think is right around two thousand a year plus or minus a little bit, Fort Edward and Moreau are very similar like, almost the exact same kind of call volume. Their buildings, one of them I think Fort Edward is building a brand new building which is actually a little larger than this one so we kind of eye ball their request and bounce it off similar rescue squads. But, what are we buying is a ten thousand plus or minus a little bit square foot building with drive through bays that will be on the corner of the new connector road and Luzerne Road. One of the other things that I think is worth pointing out and the squad could be commended for cooperating in this effort was that obviously a building of this size needs parking and anyone that is familiar everyone knows that most of the squads and the fire companies around here meet regularly on a once a week basis usually at a minimum and obviously the calls and the what not the other business of the squads or the company, outside of that. Now, one of the amenities that Marilyn Ryba and the Town Board has been working that has to do with the Main Street project is a park and ride facility parking lot, which obviously the main thrust of a park and ride and right now their current squad location is kind of being used as a defacto parking and ride, that and Carl R’s parking lot because of their access to Exit 18. So, the project was going to pay for a parking lot. Rather than having a rescue squad parking lot and a project funded park and ride parking lot literally within a stone throw of each other on this connector road which is the direction that it was generally headed beforehand. The Town contacted the rescue squad and the powers that be and the project monies and we have worked on an agreement between their attorney and our attorney that has not been finalized yet. 854 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Town Counsel Hafner-We are still working out the final details, but we have been working a lot with their counsel. Supervisor Stec-The details but in principal the park and ride parking lot will be a shared lot so that rather than build two parking lots and having the taxpayer ultimately pay for two parking lots one parking lot will be paid for the project will be paying for it. There is a little bit the office the half a dozen spaces next to the building, but the main parking lot will be funded by the project and shared as a park and ride lot and when they need it for their occasional membership meetings, which require a lot of parking Councilman Brewer-Or training sessions. Supervisor Stec-Or training sessions or whatever else, that rather than throwing down a couple hundred thousand dollars twice it is a couple hundred thousand dollars once by the project. So, we are getting a parking lot kind of thrown into the deal by the project. But, this project will be to prepare a ten thousand square foot building on the corner of the future connector road which is likely to start construction next spring and Luzerne Road just east of the overpass. So, that’s I did not want to make their presentation for them but, ten thousand square foot building is what. Mr. Tucker-You could have said that ten minutes ago. Supervisor Stec-I wanted to make sure that we, I threw all the cards out there quickly, because I tried to get them to do it and they did not want to do it. Mr. Tucker-I am in the business and I still don’t what you are building. I know you are building a building but, me as a taxpayer I would have like to have seen what it was. The park and ride deal is that part of the Exit 18 deal? Supervisor Stec-Yes. Mr. Tucker-Is that a town project or a county project? Supervisor Stec-That is a town, one of our amenities projects that the project, the Main Street project funding the grants that we got from the State is paying for it so the Town is not paying for it the State is paying for it. Mr. Tucker-There is a grant for it. Supervisor Stec-We have met with DOT, so all that grant money has been lined up we make sure we are not doing something that they are going to say no to in the future, that everyone seems to understand exactly what we are doing here and we have been given the green light that this is an appropriate use of that project money. Mr. Tucker-The three hundred thousand dollars, what was the reason it had to be done in a workshop and it couldn’t be done in a normal Councilman Boor-Just to get things moving. Supervisor Stec-The main reason as I pointed out, there is a thirty day permissive referendum from the date that we passed that. So, lets say that we approve this tonight and that they are all set and go to the bank tomorrow and they sign the papers with the bank tomorrow and they are ready to go, they cannot start construction until those thirty days are up. So, we wanted to get that thirty days started because we are starting to run toward the weather. It is an extra seven days of construction if we start that, it could mean the difference between Councilman Boor-If they start. Supervisor Stec-If they start, it could mean the difference between getting them in the ground before the frost or not, so that’s, so we felt that, that was a small part of the overall, this is the main event to this project is the approval of the funds. The property 855 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 transfer is not a big problem, you know, so anyways we did do it at a workshop last week rather than wait and try and do them both tonight, we bought them seven days construction time potentially. Mr. Tucker-Where did the three hundred thousand dollars come from? Supervisor Stec-The three hundred thousand dollars, their property was appraised by us by our appraiser not by us, but by an appraiser that we hired. Mr. Tucker-I understand that, where did you get the three hundred thousand dollars. Supervisor Stec-That is going to come from the general fund or CIP? CIP the Capital Reserve. Mr. Tucker-There wasn’t any question this being a special district or anything else? Town Counsel Hafner-Do you want me? Supervisor Stec-Yes, go ahead. Town Counsel Hafner-What you have to remember is what the Town is buying and the Town arranged for an appraisal of their building, their current building and lot the appraisal came in at three hundred and seventy thousand dollars, and what we are buying is a piece of property where we are going to build a town road. We are not, this isn’t buying something for their building, we are buying their current land so we can build a highway. A highway is a general fund item, that total town not a special district. Mr. Tucker-Where are they getting the three, where are they going to get the money to buy the land. Supervisor Stec-No, we are buying from them. Councilman Boor-The town is buying.. Supervisor Stec-The town is buying their old station and they are buying the QEDC, the old QEDC property from us, but their property is worth more than ours so we the Town owe them three hundred thousand dollars, their lot is worth more than ours. Mr. Tucker-Through all of this will the old building be all paid for or do we still got pay on that? Supervisor Stec-The old building will get paid for out of the three hundred they will pay off the old mortgage. Councilman Boor-A hundred and twenty eight thousand owed on that, that will get, that will be deducted from the hundred thousand or three hundred thousand. Supervisor Stec-The rest goes into the project. Mr. Tucker-I guess my final question and probably someone in the squad can answer, how long before we will have pictures of what they are building, after its done? Supervisor Stec-They have them. Councilman Boor-If you were at a workshop Pliney they gave a presentation and we got floor plans we got renderings. Councilman Brewer-There are none close by where get them and put them up? Unknown-He is more than welcome to come by our squad building tomorrow and .. Supervisor Stec-They have, do we have copies here though? 856 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Tucker-No, I am just questioning why? Supervisor Stec-I apologize, that they are not here tonight. The Town has copies I apologize that we do not have them here tonight. Mr. Tucker-I am not questioning the squad, but it appears that this presentation by the Town Board is a wee bit in my mind sloppy. Thank you. Supervisor Stec-Thank you Mr. Tucker. Anyone else what to comment this evening? Mr. Drellos Mr. George Drellos-George Drellos, 27 Fox Hollow Lane I have to agree with Pliney I would have really liked to seen what this building looks like, since I am only like three blocks down the road with our building, which is roughly about the same square footage of their building. How many ambulances, I think you told me two? Supervisor Stec-Right now to my knowledge that squad owns two ambulances, a captains car and a first response vehicle. I think they own four vehicles. Two ambulances and Mr. Drellos-Obviously there must be more in this building than just bays, there must be Supervisor Stec-There is a meeting room, offices, mechanical room Councilman Boor-Is Jennifer going to get the Supervisor Stec-I think Jennifer is going to get them Councilman Boor-If you stick around we will get you some drawings, George. Mr. Drellos-Who is the architect on this? Supervisor Stec-Jim Tobin. Councilman Strough-It is going to be a training center. Mr. Drellos-Training center too? Councilman Brewer-Hopefully the ultimate goal George is consolidation so that all the squads use this as a training facility and we do not build another squad building, hopefully that is our hope. That is our goal. Supervisor Stec-That is what I am willing to vote for. Mr. Drellos-As far as, I know that the Town is paying for it, but, how does it go on the tax rolls? Just in that district or? Councilman Boor-It is an EMS tax. It is off set by third party billing. Mr. Drellos-The whole town or just that district? Supervisor Stec-The whole town, the Town, EMS and Town fire are both townwide. Now, as Roger started to point out and Jennifer just left and I told her to have these numbers because I knew you were going to ask for them, but actually I figure, somebody, its. In preparing the 2006 budget that I am doing right now and that I will finish this week and get to the Town Board and there is a process that the State lays out the deadlines and all that, but right now anywhere in the State, the Town Supervisors are scurrying like nobody’s business to hurry up and finish their tentative budget and give it to the Town Boards, they are due by the end of the week. So, the numbers are fresh in my mind because they really did jump out. Because you are asking the questions about the truck that we bought last week, or two weeks ago, and then this building that we are talking about tonight. The EMS tax rate and you can’t really go by tax rates because we 857 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 just did the reval so every tax rate went down, spending did not change the tax rate went down so its not, it makes us look really good is I start throwing out tax rates so I will not do that. But, the numbers that I asked Jennifer to bring tonight and I have got the ball park ones she has the exact ones, in 2004 the 2004 budget, ah, here is Jennifer with the maps and I am talking about your numbers Jennifer. The 2004 amount to be raised by taxes for EMS was just shy of seven hundred thousand dollars. Mr. Drellos-Town wide. Supervisor Stec-Town wide, it was just shy of seven hundred thousand dollars now what didn’t we have in 2004, we did not have any paid responders, right now we have at any given time a crew of two or sometimes a crew of four, two separate crews of two, seven days a week. Seven days a week there is at least two people from six am to six pm on paid because they weren’t getting the calls. Five of those seven days a week there is an over lay where there is actually two crews on from six a to six p. So, in 2004 there was not paid crew, so we have added that, arguably you could say the response is going to get better, they are in the house in the station house. The other thing obviously that we did not have, we did not have this proposed mortgage which is going to run around a hundred and thirty seven thousand dollars a year if we approve it tonight. The other thing we did not have in 2004 we did not have bill for service which is what Roger is pointing out. To date as of today we have collected about two hundred and eighty five thousand dollars in bill for service this year. We budgeted for two hundred and fifty thousand we are at two eighty five, we budgeted conservatively, we thought we would probably hit in the high three hundreds and looking at the numbers unless something crazy happens the last couple of months of the year we should come in right around four hundred thousand dollars. When you add in for EMS this building and the other the two out of the three companies have negotiated contacts so we know exactly what their costs are for next year that the total amount to be spent is going to be and again we added a hundred and forty thousand dollars for paid people and we potentially adding a hundred and thirty seven thousand for this mortgage and we took a hundred and twenty thousand away in vehicle fund so the net is that if in 2004 we spent and raised by taxes just under seven hundred thousand, the amount that would potentially be spent if we approve this billing tonight will be just under eight hundred thousand but the amount to be raised by taxes because of bill for service will be just under four hundred thousand. So, for three hundred thousand dollars less we are getting a brand new building and we have got a hundred and forty thousand dollars worth of paid staffing running around this town at any given time. Again, I made the same kind of argument last week about the virtues or the wisdom if you will or the amount of consideration that the Town Board put into buying the ladder truck. This is a million dollars I am not going snow you that it is not a million dollars purchase but with the financing that is coming off and the other things that we are trying to keep the fire spending steady. In this case in two years we have cut spending almost in half but we’ve I can look anyone in the eye and say that our EMS is a lot better today than it was two years ago because of bill for service, paid daytime. So, that is the money end of the argument if somebody is going to say Town Board what are you thinking, that is how the numbers add up. Now, if somebody wants to say, well, lets talk about the particulars of the building? That is exactly what we are here for tonight, but as far as are you EMS taxes going to go out of control, the tax rate two years ago was thirty seven cents a thousand, we had a reval so it kind of skews the numbers down but next years rate is about thirteen cents a thousand. So, on a two hundred thousand dollar home it is twenty six dollars Councilman Boor-Better service for about half the price. Supervisor Stec-Right, better service for half the money. So, that is how we are looking at it. Mr. Drellos-Will the guys, will they be staying at this station? The ones that are on call? Councilman Boor-The ones in that out of the squad will. Mr. Drellos-The two or four 858 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Supervisor Stec-Right now, that is something that we need to we have to negotiate with all three of these squads but I can tell you this we started the paid crew and this station because they run about eighty percent of all the calls in Queensbury is out of this district, out of this portion of the district of the town. Not to say that the other, the age old discussion what if you do not live here what if you live in North Queensbury and so we try to balance all that but they run the lions share of the calls. If there are only two people on staff in my person opinion that is the building that they will be out of. Although we have kind of debated that over the years. That is why we had a hard time settling on the location there was some discussion years ago about what about Exit 19 well, you might be able to make some arguments that Exit 19 is attractive you can make a lot of arguments that it isn’t. I can tell you this Exit 19 is really expensive, if we wanted to look for property there. This location, like that to Exit 18 just like they are now, and actually they probably can get to the west end easier going out Luzerne Road then they can through Exit 18’s traffic. Mr. Drellos-Is it facing Luzerne Road or will it be facing..? Supervisor Stec-It is going to face the connector road but they are drive through bays so there is actually a drive through that will come in from Luzerne Road into the back of the building, the front of the building is facing the connector. Mr. Drellos-The connector road. Supervisor Stec-Which is facing the Northway. Councilman Boor-The Park and Ride is on the connector road. Mr. Drellos-On the side of it, in the front of it? Supervisor Stec-On the side in the back. Councilman Boor-It is before, right before you get to it, it is on the side of it. Supervisor Stec-Just to the South side of it. Mr. Drellos-Now, the bill for service thing. Supervisor Stec-I love that, God I love that. Mr. Drellos-If people have insurance, what happens if people do not have insurance or? Through the rescue squad? Supervisor Stec-We have been very sensitive we have been asked that question an awful lot, that was something that the squads Town Counsel Hafner-Dan, is this ..to the public hearing? Supervisor Stec-Well this is relevant to the financing. Councilman Boor-You are getting into another area that does not have anything to do with this. Supervisor Stec-True, but in a nut shell the rescue squad has been very sensitive to making sure that they are providing the best level of customer service in all aspect regarding care and billing and it is working. Mr. Drellos-I guess what I am saying I am paying for taxes if I couldn’t afford it if someone can’t afford it would they be charged? Supervisor Stec-You would be ok. 859 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr. Drellos-I am just, but the other ambulance Empire they would charge no matter who you … Councilman Boor-Yes and you wouldn’t be ok. Supervisor Stec-They are very aggressive. They are for profit. Mr. Drellos-Well no, I am just saying obviously if they are not on call or they are not able to get there then you said Empire would have to be called in. Supervisor Stec-Mutual aid, Empire there is a very complicated system that I do not pretend to be an expert on other than I know that it works and the folks up at the County and all the leadership of every fire department and rescue squad in the County has bought into Mutual Aid. Mutual Aid in Warren County works, not every County around here can always say that. Mutual Aid in this County works like a champ. Mr. Drellos-That is all, it looks like a nice building. Supervisor Stec-I apologize that we did not have, I am glad that we did have them available. Thanks George, Anyone else this evening on this public hearing? Town Clerk Dougher-I have one letter. Ltr. September 26, 2005 Queensbury Town Board Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Re: West Glens Falls Emergency Squad Dear Board Members: I am writing this letter in support of funding the new West Glens Falls Emergency Squad building. I know first hand the outstanding service they provide to our community. On January 28, 2005 they responded to a call at the Queensbury High School where I suffered sudden cardiac arrest. Their response played a critical role in not only my survival, but my complete recovery with no incapacitation. The service they provide to our community can not be measured monetarily. This is not an area where we should be looking to cut costs or funding. Our Town should do everything in it’s power to help provide a state of the art facility to enable our EMT’s to continue providing state of the art care to the people of our community. Please do not consider cutting the funding for this project. You never know when your life or that of someone you know and love could be the next life they save. Thank you for your consideration. Sincerely, Lori Francett Supervisor Stec-Any other correspondence? No other correspondence. Any other members of the public like to comment on this public hearing? All right I will close the Public hearing any discussion amongst Board Members? (No one spoke) I will entertain a motion. I will just add on behalf of the Board briefly, that we have really in my opinion as a Board we have had our differences on projects and spending and how to get from A to Z and which way to go to get there. I think that the Town Board really did put a lot of effort and a lot of sweat and tears into making sure that we were meeting the need that is there, working with the project that this is being partly driven by, meeting the needs and the desires of the squad while at the same time trying to 860 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 balance the financial pocketbook of the Town which is course is important to everyone of us as taxpayers. I think that unless, I did not hear any Board Member argue about it so I assume we are about to pass this. It has been a very long process for the Town and for this particular rescue squad they have been very patient all things considered. When I look back some days they are not being very patient but it has been many years. I think that the project as described is going to work for them and I think it is going to work for the Town. George I was delighted to take that opportunity to, I was ready for you but you made it easy. But, briefly I was happy to take the opportunity to lay out the money in fact, I think it is important for the Town to know, not the people in this room but everyone that watches our meetings and reads the newspaper that the amount to be raised by taxes over a two year period is going to go from seven hundred thousand down to four hundred thousand because the three rescue squads and the Town were able to agree a year and a half ago on bill for service. There was a lot of anxiety because there was a lot of uncertainty it is not perfect but it is running very well now and the money, no one is complaining about the money but as far as the little glitches about how does the billing work it is working I think as well as we would have hoped for and probably better than the rescue squads would have thought it would a year and a half ago. But we have got, we are going to get a building, paid people running around there which shrinks the response times tremendously and the amount to be raised the taxes is going to go from seven hundred thousand dollars down to four hundred thousand dollars. That benefits every sole in this town from Assembly Point to South Queensbury to West Glens Falls everybody benefits from that. So, I think it is important, I think it is, I look back at the eighteen months and again we have argued and fought about a lot of things, the rebates the taxes and the spending, I think that this EMS scenario the financial and where EMS has come in the last twenty months in this Town is the most underrated story the most unsung story that the press and the media has given attention to. This is, was a home run a long time coming but we are there and I think a year from now everyone will be saying my God why didn’t we ever do this ten years ago, but better late than never and I thank Sandy Boucher for her patience with me. She has had a very rough couple of months answering my questions. I assure you that this money was not easily gotten, anyways, I am briefly over. Vote taken RESOLUTION APPROVING CONSTRUCTION OF NEW SQUAD BUILDING BY WEST GLENS FALLS EMERGENCY SQUAD, INC. AND CORRESPONDING AMENDMENT TO AGREEMENT RESOLUTION NO.: 450, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. have entered into an Agreement for emergency services (services), which 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 or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has presented to the Town Board a proposal to construct a new Squad building on the west side of Luzerne Road in the Town of Queensbury for a 861 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 principal amount not to exceed $1.7 million and proposes to finance the construction project by acquiring a mortgage, and WHEREAS, it is important to the Town Board in considering this Resolution that the total cost of the project not exceed $1.7 million, indeed they hope that the total cost is less than such amount, and WHEREAS, the Squad plans on entering into a financing agreement for the amount not to exceed $1.55 million for 20 years at a rate to be determined, and WHEREAS, the exact amount of financing has not yet been determined, but, again, the Town Board expects the amount borrowed to be less than $1.55 million, and th WHEREAS, on September 26, 2005, the Town Board held a public hearing concerning the Squad’s proposed construction of a new Squad building and the corresponding amendment to its Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to approve such construction project to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.’s proposal to construct a new Squad building on the west side of Luzerne Road for a total cost (including all costs associated with this project) not to exceed $1.7 million and authorizes the corresponding amendment to the Squad’s 2005 emergency services Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the incurring on the part of the West Glens Falls Emergency Squad, Inc. of financial obligations in an amount which shall not exceed $1.55 million and, hopefully, shall be less, provided, however, that the Town Board does not guarantee the debt with the financial institution on behalf of the Squad and shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between 862 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 the Town and the Squad to provide for the construction project in form to be approved by the Town Supervisor, Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 26 day of September, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held after vote: Councilman Strough-I would like to just make one really small comment. I would argue that the only reason bill for service works is because our EMS volunteers have been willing to put in the extra time above and beyond everything else you have been called to do to handle the paper work and it is significant for this bill for service program and it is you that deserves the credit for making it successful. 2.0 Public Hearing-Proposed Local law To Amend Queensbury Town Code Chapter 136 Sewers and Sewage Disposals, “Article VIII, Use of Public Sewers Required” NOTICE SHOWN Supervisor Stec-This public hearing was set two weeks ago the Town is looking to clarify a couple sections. We have had recently and in fact later tonight we do have two hearings regarding a waiver request for tying into sanitary sewer and the way that we have been handling and every applicant has left with the same understanding but we wanted to make sure going forward that we were crystal clear that we wanted to make a few changes to the language that has to do with waivers from sewer. Councilman Boor-Of the actual law itself the first Bold print the last sentence it says unless a variance or a waiver has been granted as provided, what if there is a delay, that is not etched in stone. If they are a week over a year? Town Counsel Hafner-What we have currently is that the law that we have says that when we do a sewer district part of the things that you guys have to consider is whether or not the property is included in the district or benefited. Our law says that it’s a requirement for the properties within the district to connect to our sewer line. We give properties one year period to connect unless they get an extension which is what this law is about. If they don’t connect within one year and they get the extension they have to pay as if they were in the district because they are in the district. This says even if they don’t apply on time they are going to be treated the same as those people who did do the waivers which was implied before and this is just stating it clear. So, this is one of the two things that were in there. The second thing is that when the Town Board first considered this waive for Route 9 waivers because the one year period been coming up the last month or so one of the things that I believe Councilman Strough raised was the concern about whether or not he was comfortable with permanent easements. After discussion of the Board we took the direction from you guys that you guys were uncomfortable with permanent waiver and you wanted it 863 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 to be temporary so this is something that we worked on with Mike Shaw the head of the Wastewater Dept. and put together to make it consistent with what you asked for. Councilman Boor-One other question on the, I guess it is the next page, Under C, the second group of bold, do we, will we notify these individuals or is it their responsibility to know the time frame, prior to the expiration of the waiver the property owner may reapply. In other words do we give them a notice saying hey, we gave you a two year because it says that we can do that I an foresee where somebody just might not remember that they had a two year, waiver. Town Counsel Hafner-Mike is here to help on how they administer that. Deputy Wastewater Supt. Mike Shaw-What we have done, is when the project was completed and operational we sent out notification to every user. As you can imagine on the Route 9 project with different contracts so there has been different dates involved, what we th will be doing one that you here quite often is September 8 was contact one and two were available we have not sent out letters but shortly we are going to send out a letter stating that the one year has lapsed and they need to get a variance connection or connect. Councilman Boor-So, we do notify. Deputy Wastewater Supt. Shaw-We do notify them by mail. Councilman Boor-That is fine. Supervisor Stec-I think you have covered both the changes. I will open the public hearing regarding this proposed local law change if there are any members of the public that would to comment or ask any questions just raise your hand and I will call on you. (No one spoke) Board Members have any questions for Mike or Bob before I go one more time for public comment? Any public comment on this public hearing? (No one spoke) I will close the public hearing and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2005 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL” ARTICLE VIII, “USE OF PUBLIC SEWERS REQUIRED” RESOLUTION NO. 451, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2005 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article VIII, “Use of Public Sewers Required,” to clarify provisions concerning requirements to connect to the Town of Queensbury public sanitary sewer district(s), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and 864 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 th WHEREAS, the Town Board duly held a public hearing on September 26, 2005 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: ___ of 2005 to amend Queensbury Town Code Chapter 136 entitled “Sewers and Sewage Disposal,” Article VIII, “Use of Public Sewers Required,” to clarify provisions concerning requirements to connect to the Town’s public sanitary sewer district(s) as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner LOCAL LAW NO.: 3 OF 2005 A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 136 “SEWERS AND SEWAGE DISPOSAL,” ARTICLE VIII, “USE OF PUBLIC SEWERS REQUIRED” RELATING TO SEWER RENTS AND VARIANCE FROM SEWER CONNECTION REQUIREMENTS BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: 865 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 SECTION 1. Section 136-44 of Queensbury Town Code Chapter 136, Article VIII "Use of Public Sewers Required," is hereby amended as follows: § 136-44. Connection to sewers required. The owner(s) of all houses, buildings or other structures and any properties used for human occupancy, employment, recreation or other purposes situated within the sewer district and located within 250 feet of a public sanitary sewer of the sewer district is (are) hereby required, at the owner's expense, to install suitable sanitary facilities therein and to connect such facilities directly with the public sewer within one year, in accordance with the provisions of this Part 3, unless a greater distance or an earlier date is mandated by the New York State Health Department or unless there are substantial physical obstructions, in which case the owner(s) may appeal to the Queensbury Town Board, whose decision shall be final After one year such properties shall be deemed to be connected to and and binding. using the public sewer and the owner(s) of such properties shall be charged the full and usual sewer rents, assessments and taxes as if the properties were actually connected to and using the public sewer unless a variance or waiver has been granted as provided in Section 136-44.1. SECTION 2.(C)(5)(a) Queensbury Town Code Section 136-44.1 is hereby amended to read as follows: § 136-44.1. Variances or waivers from required sewer connections. C. Variance or waiver procedure and criteria for Town Board decision thereon. (5) In the event that the Town Board finds any or all of the above circumstances or conditions, the Town Board may grant the following relief: (a) In the event that circumstances giving rise to the request are due to physical obstructions, costs significantly greater than the usual sewer connection costs, a distance greater than 250 feet from the sewer pipeline to the building or structure to be connected or a documented inability to obtain an easement or right-of-way over which a sewer line must and the pass in order to connect to the Town sewer system, property owner is willing to pay the full and usual sewer rents, assessments and taxes accruing against the property, the Town Board may grant a permanent temporary waiver from the requirement that the applicant be connected connect the subject property , provided that the sewage disposal system currently serving the property 866 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 is operational in accordance with the Town of Queensbury laws and regulations and appropriate New York State Such waiver shall be agency rules and regulations. effective for one or two years as the Town Board may determine is appropriate. Prior to the expiration of the waiver, the property owner may reapply for a further variance or waiver on any of the grounds set forth herein, including the original grounds for which a waiver was requested. If the property owner fails to reapply for a further variance or waiver or such an application is denied, the property shall be deemed to be connected to and using the public sewer and the owner of such property shall be charged the full and usual sewer rents, assessments and taxes as if the property were actually connected to and using the public sewer as provided in Section 136-44. SECTION 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 4.REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. SECTION 5. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. 2.2Public Hearing- Amendment To Ordinance 28 Establishing Through Highways and Stop Intersection In Town of Queensbury NOTICE SHOWN Supervisor Stec-We have had a couple of these this year, what this amendment is, is to add a stop sign to make the three way intersection at the intersection of Carlton Drive and Greenway Drive and three say stop. Right now there is I think there is one stop sign coming up the hill from McDonalds and Noble’s but the other two are not a stop sign this would make it a three way stop sign. This is something that I know that Ted had asked about. The public hearing was set two weeks ago for tonight and again to take any comment on adding stop signs to make a three way stop at Carlton Drive and Greenway Drive. If there are any members of the public that would like to comment on this resolution or on this public hearing right now just raise your hand and I will call on you. Yes, Sir, just come to the microphone we ask you to state your name and address for the record, please. Mr. Glenn Lunt-My name is Glenn Lunt, I live at 10 Carlton Drive When I moved into Carlton Drive ten or eleven years ago it was primarily a retired older community, it is changing, it is changing into a younger and also a faster community. Typical of many of our 867 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 it is actually a dead end street, not literally dead end but if you know Carlton Drive and it is also the main connector between the Hess Station and the intersection where the infamous Cracker Barrel wanted to be. It has just gotten so that they are coming around there so fast we cannot we need to do something about it if you will let us. Mrs. Cogovan on the corner of Greenway and Carlton, she used to have a nice big hedge around her corner and at the urging of a lot of the neighbors you would have to come to a stop and you could not see around the corner and everything she cut it down. In retro spec that was a bad thing to do because Councilman Boor-They just go faster. Mr. Lunt-now the place is wide open and they can just, I think it was a double edged sword we should have left it up there and I think it slowed a lot of people down. Councilman Boor-Well meaning. Supervisor Stec-It was nice of her to do that. Mr. Lunt-Anything that the Board can do to help us, whether it be a stop sign we talked about speed limits and things like that, but if it is posted at thirty if you post it as twenty they are not going to follow twenty either. Supervisor Stec-It is thirty right now, right? Mr. Lunt-I believe it is, yes Sir. Supervisor Stec-Bob, correct me if I am wrong, we got all kinds of other issues about how difficult it is to change a speed limit, but actually I think thirty is the minimum speed limit in the town. Unknown-Twenty five is. Town Counsel Hafner-I would have to research that. There is a minimum. Supervisor Stec-The stop sign is a much, much easier route to go then trying to get the State to change the speed limit. Mr. Lunt-Like I say if they are not following at thirty they are not going to follow at twenty five either. Councilman Boor-Let me ask a question I do not have the answer to, but, are those roads to highways standards if they were built today? Councilman Brewer-No. Mr. Lunt-They are very narrow believe me. Councilman Boor-Because I think that would be an argument that DOT might accept for lowering the speed limit. They do not meet the criteria. Town Counsel Hafner-I think it is thirty. Supervisor Stec-I thought it was only because I remember hearing about Fire Road and the City of Glens Falls and that Fire Road right in front of the YMCA years ago when I was a kid that they changed the sign but the sign is not posted right, I cannot speak with certainty but I remember that there is a the stop sign is the path of least resistance, right now. Mr. Lunt-Whatever the Board can do we would appreciate it. Supervisor Stec-You are welcome, thank you. Yes ma’am 868 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Ms. Jodie Merrithew-I am Jody Merrithew I live directly in front of the dead end sign on Greenway Drive across the street from the stop sign on Carlton. Saturday I counted thirty cars running that stop sign, twelve of them did U-Turns thinking it was a by-pass. It is my assumption because they were not cars from the neighborhood. I have three young boys, twelve, ten and eight, they ride green machines I bought the house on a dead end with the assumption with three boys they are very loud machines. They are old big wheels, now with steel frames. These cars come whaling across with trailers on them with wailin’ into Walmart, think they are going to go shopping then back into the neighbors parking into their driveway they do not know if they have kids. Nobody lets their kids run out anymore. This is why you buy a house, it is a cul de sac. It is not a thru way. It really needs to be marked that this is not a thru way. Part of the problem is there are three entrances to the Aviation Mall on Aviation with a school. Do you know how far traffic was parked up how far back it was parked up with the high school doing the football thing this year, with people trying to get out from the mall? Three entrances, three exists to Aviation Mall on Aviation Road. There should really be one there should be also an entrance and exit to the mall off of the Northway. There should also be one on Glen Street if they went up through where Toys R Us is that would also access those stores a little better. I do not know if you have ever tried to get in and out of there. We live up there. I try to pull into my onto Carlton to go to my house and I can’t and then I have people who are actually relatives of Queensbury wailin’ on their horn at me because I do not turn. I have sheriff’s sitting there and won’t even let me through. I have state troupers who don’t let you through and then I have my co-neighbors who won’t even let me into my own neighborhood because they think I am probably going into the Hess station. You cannot even pull over so you are out of the way. Then people get mad at you on Aviation and part of the problem is the road when it was re-done was not re- done correctly. Also, on a Saturday morning traffic turning left down at Glen Street it goes all the way up to the Hess Station. Two lanes going down Quaker Road towards Quaker Road, Bay Road any of those they are bear. That road is not properly set up. It needs to be really, you don’t need to be a rocket scientist and who ever evaluated it originally I am sorry he was overpaid. Not to be rude and not to be wrong but what people are doing is they are getting frustrated and they think that they can turn on to go through our streets. We bought our homes in that neighborhood because of the reason it is a huge cul de sac it really needs to be marked no thru traffic. There is no thru traffic. You cannot get thru there, it is wrong. The stop signs and the traffic lights are inappropriately marked it needs to be re-designed. To turn onto the Northway do you see how badly it bottles up? It is wrong, it is not marked correctly, people are not educated correctly on how it is set up. It needs to be marked right. To turn onto the Northway when the lane goes all the way to Aviation Mall that turn on lane to the highway and that second lane which is supposed to be a turn on lane to the Northway and then that third lane is supposed to let you go through. Both lanes are pointing to go through but yet nobody can go through because everybody wants to turn on the Northway because of Aviation Mall being there. That does not make sense. It does not make sense that light is not correctly setup it is not appropriately set up and people are not educated properly on how the road. The signs are not appropriately set up. I live there and I have lived in Glens Falls all my life and that road has always been miss-correctly set up. We all know this. Aviation Mall, Town of Queensbury, Town of Glens Falls, City of Glens Falls they need to sit down and make a better access for that area right there for businesses. It can be done, if you think how to set up the lighting properly and everything. Coming out of Toys R Us, you sit there for three hours and nobody know who to go first to turn left onto Glen Street. I mean this all needs to be corrected. The timing of the lights are wrong, I live there, we’ve lived there and if you have lived here all your life you know that road is not appropriately marked. And what people do is that they get frustrated like anywhere else in any city anywhere else and they turn onto our road thinking Hess is a very busy gas station, thinking we can sneak through there is always a sneak through. Well there isn’t a sneak through and there shouldn’t be a sneak through. This is why we bought our homes up there. There is two hundred and ten homes up there that is why we bought it, to protect us. I was told eight years ago you cannot put up children at play because of predators. Well, look at Queensbury High School what happened what did that guy do three years ago? He went in the locker rooms, my gracious that is a poor excuse. Supervisor Stec-Can we get on the stop sign, maybe? I am trying to figure out if you are for or Mrs. Merrithew-I am not saying stop sign, I said I asked for children at play. 869 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Supervisor Stec-No, no, this public hearing is about Councilman Boor-The resolution is on a stop sign., Supervisor Stec-one intersection. Mrs. Merrithew-Well, it is not one stop sign is not going to end the problem there. Supervisor Stec-Correct, but tonight we are considering the stop sign, we want to know are you for the stop sign or against the stop sign? Mrs. Merrithew-I am for the stop sign Supervisor Stec-But, you want more. Mrs. Merrithew-But, I am telling you that the stop sign is not going to stop the problem. Supervisor Stec-Correct. Mrs. Merrithew-Just like eight years ago when I came in front of the Board and asked this, and when I came six years ago in front of the Board and asked this. I mean this isn’t fair to us and the elders they are in their eighties and they are walking through the neighborhood and if somebody comes speeding by. I mean, I am just asking to keep the quality of life in our neighborhood, quality, before somebody is dead. I understand and I am sorry to bring up but you weren’t short and I just want to say I have been bring this up for eight years. Supervisor Stec-I hear you. Mrs. Merrithew-I have been bring this up for eight years. Supervisor Stec-Yes. Ma’am. Mrs. Merrithew-I have always been short and sweet about it. A stop sign is not going to stop it. It really needs to be addressed from Aviation Road to the outside skirts, just to be polite and I will step down now, all right. Supervisor Stec-Thank you. Mrs. Merrithew-Thank you. Supervisor Stec-Is there anyone else that would like to address this public hearing on the stop signs this evening? Yes, Sir. Mr. Jim Wentz- Jim Wentz, I live at 13 Greenway Drive Basically you need two stop signs up where we are talking about, one for each direction. Basically as we all know safety laws are written in blood, if you do not put them up some kid is going to get hurt, it is short and sweet. That is it, any questions? Supervisor Stec-No, Sir. Anyone else this evening on this pubic hearing. Ok. I will close the public hearing. I will entertain a motion. RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 452, 2005 870 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a three-way stop intersection at the intersection of Carlton Drive and Greenway Drive, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed Amendment to Ordinance No. 28 on September 26, 2005 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk’s Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner 871 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: Stop sign(s) shall be erected to make a four-way intersection at the intersection of Pershing Road and Ashley Place. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. 2.3Public Hearing – Central Queensbury Quaker road Sewer District Benefit Tax Roll for 2006 NOTICE SHOWN Supervisor Stec-These next three public hearings are all regarding the sewer district benefit tax rolls, the first one is Quaker Road, the second one is for Route 9 and the third one is for South Queensbury. Our Director of Wastewater Mike Shaw is here, Mike I will ask you to perhaps brief the Town Board on anything you want to say about these three but I will open the public hearing for this one regarding the Quaker Road Sewer District Benefit Tax Roll. Deputy Wastewater Supt. Mike Shaw-As in every year, we have had the benefit tax roll hearings. Every year we update the information on the roll, with the Assessors information on parcels, acreages and property owner changes. We also update it with the water usage, most recent usage numbers. Now, this year with the benefit tax roll its I a little different although it looks similar to anybody looking at it. This past year we decided to try to make this Microsoft excel program. In the past when we originally started this benefit tax roll in the early 90’s it was a lotus program and in the mid 90’s we changed that over so it would run underneath a Microsoft program but it had dozen oF micro’s. This year we set a goal out to make this totally Microsoft Excel program. In doing that we had Bob Keenan in the IT Department and Sandy Jarvis assist him in my office and accomplish that goal. It makes it a whole lot easier for us to work with it internally it certainly streamlines the operation a lot. Before most of the calculation, most of the information was put in there by hand we are not 100% to the point where we want to be yet but it certainly a lot more user friendly and we can trouble shoot within now. In saying that, that is the biggest change in the roll this year. Now each roll I will just read off a basic scenario of what the units are this year and how we project the rates. For the Central Queensbury Quaker Road Sewer Dist. the units are up approximately 3% at eight thousand four hundred and twenty seven units. Based on our current request, budget request we see about a 4% decrease in that unit price of $81.50. For Route 9 Sewer Dist. the units this year are down a little bit 6229 and this will be the first full year of assessment for Route 9 Sewer Dist. so last year all they saw a very small partial assessment, this year they will see a full assessment and that will be uP three times of what it was last year. But, basically the fifty dollar per unit is 872 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 about 30% less than the original map, plan and report for the project. The good news it is under budget and built. Councilman Boor-Mike, why is it down? Deputy Wastewater Supt. Mike Shaw-I figure somebody would ask that. The units are down because each year the special districts are drawn and the acres are set and you would figure the acres wouldn’t change. What changes in these districts is the water usage portion and especially in the new district as a new district comes on and people start to connect they figure there is a way to put dedicated meters in and the meters what they do is we will not bill people for water used on the ground, watering their lawns or in process water. So, as this district and people connect the actual water usage numbers that we bill for actually go down the first couple of years because people put these other dedicated meters in. So, that affects the units the units come down a little bit. Now in South Queensbury this year we expect units in Queensbury to be 1090 we have approximately 1094 contracted units the contracted units are with Washington County, Kingsbury and Warren County. In each case those units are up about 7% because of water usage and we see the estimated price per unit down about 5% at 31.34. Supervisor Stec-Ok. Anything else to add on that? The public hearing is open for the Queensbury Quaker Road Sewer District Benefit Tax Roll for 2006. If there are any members of the public that would like to comment on this tax roll public hearing just raise you hand and we will call on you. Ok. I will close the public hearing and entertain a motion. RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 RESOLUTION NO. 453, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2006 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District 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 mailed copies of the Notice to all property owners within the Benefit Assessment District, and 873 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 th WHEREAS, the Town Board duly conducted a public hearing on September 26, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2006 for payment of public improvement expenses within the District in accordance with New York § State Town Law §202 and 202-a, 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, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Brewer, Mr. Turner 2.4Public Hearing – Route 9 Sewer District Benefit Tax Roll for 2006 NOTICE SHOWN Supervisor Stec-Mike next I will open the Public Hearing for the Route 9 Sewer District Benefit Tax Roll for 2006. Mike anything new to add for Route 9? Deputy Wastewater Supt. Mike Shaw-No, basically the scenario I went over a minute ago was it is a project that was completed this past year. Last year we did have a roll it was only a partial payment on their bond this year it is a full payment and actually the project came in according to estimated map, plan and report about twenty five percent less than what we originally advertised. Supervisor Stec-Ok. The Public Hearing is open again this is for the Route 9 Sewer District Benefit Tax Roll for 2006, if there is anyone that would like to comment on that public hearing just raise you hand and we will call on you. Hearing None-I will close the public hearing. Any discussion…I will entertain a motion. Asked for discussion - None RESOLUTION ADOPTING ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 874 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION NO. 454, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Route 9 Sewer District Benefit Tax Roll for 2006 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sewer District 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 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 September 26, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sewer District Benefit Tax Roll for 2006 for payment of public improvement expenses within the District in accordance with New York State Town Law § §202 and 202-a, 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, 2005 by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner 875 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 2.5Public Hearing – South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2006 NOTICE SHOWN Supervisor Stec-I will open the public hearing on the South Queensbury Queensbury Avenue Sewer District Benefit Tax Roll for 2006, Mike Shaw the floor is yours. Deputy Wastewater Supt. Mike Shaw-Once again, South Queensbury is a district that is basically Queensbury, Kingsbury, Warren County and Washington County, we have three contractor users with us and the units will be down, the units will be up about 7% and the cost per unit will be down about 5%. Supervisor Stec-Ok. The public hearing is open if there is any members of the public that would like to comment on the South Queensbury, Queensbury Avenue Sewer District Benefit Tax Roll for 2006 just raise your hand. Not seeing any I will close the public hearing and entertain a motion. Asked for discussion - None RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2006 RESOLUTION NO. 455, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2006 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sewer District 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 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 September 26, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2006 for payment of public improvement expenses within the District in accordance with § New York State Town Law §202 and 202-a, and 876 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 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, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner 3.0HEARINGS 3.1Donna Sutton’s Application For Variance/Waiver Request Form Sanitary Sewer Connection Requirement Set Forth in Town Code Chapter 136 – Sewers and Sewage Disposal Supervisor Stec-We have done a few of these in the last couple of months and this if I am not mistaken a one year extension that Ms. Sutton is seeking. Introduce yourself please sir? Mr. John Daly-Sutton Terrace, Queensbury Supervisor Stec-Again, we just kind of talked a lot about that local law that we just modified the modification, you are subject to these modifications yes or no Bob? Town Counsel Hafner-It will take effect when filed with the Secretary of State. Supervisor Stec-So, you are in before, however it is the same, we really didn’t change how we are doing it we just clarified that we can grant a one or two year extension, you have asked for one year, your application was for a one year extension however you will continue to pay as though you were tied in so it is not like you are not, but it is a convenient issue for most applicants. Do you have much to add on? Mr. Daly-No Other than it is a new acquisition and everything else, she is right down on the line when it comes to taking care of business and just need a little time that is all. Supervisor Stec-Do Board Members have any questions? Ok. I will entertain a motion. Any discussion None RESOLUTION APPROVING DONNA SUTTON’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER 877 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 456, 2005 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 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, Donna Sutton (Mrs. Sutton) has applied to the Town Board for a § one-yearextension variance/waiver from 136-44 for a of the Town’s connection requirements to connect the Village Collection property to the Town of Queensbury’s Route th 9 Sewer District, as Mrs. Sutton just purchased this property on August 18, 2005 and the property currently has a properly functioning one-person facility in the building for employee use only, making water usage very minimal, and a one year extension would enable Mrs. Sutton to complete all work necessary to the connect the property to the Sewer th District, as more fully delineated in Mrs. Sutton’s August 19, 2005 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mrs. Sutton and the Town Board conducted a hearing concerning the variance/waiver request on September th 26, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and 878 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 BE IT FURTHER, RESOLVED, that the Town Board hereby approves Donna Sutton’s application for § a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to th sewers required” and grants a one-year extension of time or until September 26, 2006 in which to connect the Village Collection property located at 1048 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner 3.2Mark Moskowitz D.D.S. Application For Variance/Waiver Request from Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136 – Sewers and Sewage Disposal Supervisor Stec-I will open this hearing and this is like the other one I am not sure if Mr. Moskowitz is here or anyone, yes Ma’am Yes Ms. Johnson This also is a one year extension if I am not mistaken. Again you will be subject to the regular fees as though you were tied in but you will not have to go through the tie in. th Ms. Johnson-But no fines as of September 8? th Supervisor Stec-I am not aware of any fines as of September 8. Councilman Boor-This is just moving forward I do not know what is in the past. Ms. Johnson-Well in discussion with I am not sure who I was speaking to, might have been the Clerk’s office I am not sure I asked if any fines would be imposed if I didn’t, if we did not get the variance? Councilman Boor-Well, you are getting it. Maybe your not I do not know… Supervisor Stec-I think Roger just tipped his hat. Town Counsel Hafner-If you are seeking a variance then there wouldn’t be fines because the eighth is just a short while ago. Ms. Johnson-Ok. so, when do we find out for sure if we have the variance? Councilman Boor-Tonight in about … 879 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Councilman Brewer-In the next few minutes. Ms. Johnson-Ok, I am good then. Supervisor Stec-Does any Board Members have questions? Ok. Any discussion - None RESOLUTION APPROVING MARK MOSKOWITZ D.D.S.’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 457, 2005 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 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, Mark Moskowitz, DDS has applied to the Town Board for a § variance/waiver from 136-44 for a one year extension of the Town’s connection requirements to connect his property to the Town of Queensbury’s Route 9 Sewer District as he is unable to obtain a contractor by the Town’s deadline, as set forth in Dr. Moskowitz’ th August 24, 2005 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Dr. Moskowitz and the Town Board conducted a hearing concerning the variance/waiver request on th September 26, 2005, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and 880 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Mark Moskowitz D.D.S.’ § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants a one-year extension of time or until September th 26, 2006 in which to connect his property located at 1092 State Route 9, Queensbury to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner 4.0CORRESPONDENCE Ltr. 4.1on file - DOT Speed Reduction Request West Mountain Road Denied Supervisor Stec-Asked Theresa Sayward to intervene on this topic on the towns behalf with DOT… Community Development- 4.2Building and Codes Report for August 2005 on file 5.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 6.0PRIVILEGE OF THE FLOOR (five minutes) Mr. George Drellos-27 Fox Hollow Lane Re: Connector Road how wide will it be? Supervisor Stec-Two lane road built to town standard. Mr. Drellos-Coming on to Luzerne Road is this going to be a stop sign? Supervisor Stec-Stop sign on connector road, through on Luzerne. 881 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Director of Community Development Marilyn Ryba-There will be a traffic signal for Corinth Road. Mr. Drellos-On Luzerne Road there will be a lot of traffic turning onto the connector road can you widen Luzerne Road right there a turning lane? Councilman Boor-It is not part of this project. Supervisor Stec-That is a good question for the connector road portion of the project… Mr. Drellos-Res. 8.9 Questioned Funding for N.Y. State Cross Country State Championships Supervisor Stec-Noted Occupancy Tax Funds can be used for this project…we are required to pass a resolution before funds can be expended. Mr. Drellos-RE: Ladder Truck Insurance rating the difference between a four and a nine is pretty much nothing for a house, it is mostly for large commercial businesses to see a difference…I do not like it presented as if the public is saving lots of money. Supervisor Stec-Anyone else this evening? Mr. Steve Thetford-26 Pasco Avenue Reminder that I still live in a unhealthy and unsafe conditions up there on that wonderful street courtesy of the Town of Queensbury. Asked if the Board had read the code. Councilman Brewer-Noted he went to the site with Director of Building and Codes Dave Hatin noted he did not see litter as was described, spoke to Pete Mosher on that day he was in the process of crushing cars, there were loads of cars out front, he assured me he would get them cleaned up as soon as the crusher got done and move everything back inside. Noted he will follow up. I asked about the permits and Dave said he would get copies of the permits for the Town Board. Mr. Thetford-You are taking the word of a man who has not been enforcing codes…spoke on the fencing code and junk vehicles behind the fence, all junk at night should be behind the fence…If they do not comply with the code then you do not renew the permit. Councilman Brewer-We are trying to enforce the code. If the cars are not in Dave will give him an appearance ticket I assure you of that. Mr. Thetford-Spoke on distance of Pasco Avenue, it goes to the back of the junk yard. Supervisor Stec-Is there anyone else that would like to speak to the Town Board? Mr. Pliney Tucker-41 Division Road, West Glens Falls, Queensbury Re: Res. 8.2 is this to cover the work that has been going on for two weeks? Supervisor Stec-Yes, it is. It is eligible for CIP funding, we can do it retroactively. The th public hearing would be for October 17. Mr. Tucker-The Ladder Truck – The company had written a letter to the Great Escape, asking for funding for the truck, would it be to the interest of the taxpayers if the Town Board wrote a letter also? Councilman Boor-We should have asked for a copy of the letter that they wrote to the Great Escape, we can still do that. Mr.Tucker-Will you see if you can do something? Supervisor Stec-I will ask. 882 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Mr.Tucker-Re: South Queensbury Fire Company Could you bring the public up to snuff to what your plans are? Supervisor Stec-The first thing we need to do, Jennifer needs to communicate some information to the Town Board for discussion, we foresee it likely that at the end of the year we will be renewing a contract for next year very similar to the other four contracts that the other companies have as far as what the terms are. We will need to sit down with the company and go thorough all the financials to determine what an appropriate dollar amount for that company might be. The guys that are there now are definitely putting a good effort and we have been watching them very closely meeting with them regularly. Mr. Tucker-Their tax rate per unit down there is quite high for fire protection. Supervisor Stec-If it was stand alone it would be very high, yes. Mr. Tucker-We have a piece of land on the airport road that is designated an industrial park, belonging to the Town of Queensbury, instead of putting effort into the City of Glens Falls’ on the Luzerne Road, the town should market it. Councilman Brewer-They are trying to market right now … Mr. Tucker-Re: Crandall Library Can you give the position of the Town Board on what you think about that deal at the next meeting? Questioned about the dispatchers City of Glens Falls and Warren County… I have a feeling that it is not going to fly anyways. Supervisor Stec-Anyone else this evening? Mrs. Betty Monahan-If you think speed limits are going to solve some of the problems in this town come over and stand in my yard. Noted her street is 30 mph, the majority of the cars do not go at the speed limit. There has to be some other ways of solving these problems… Supervisor Stec-Anyone else this evening? Mr. Brothers Mr. Ralph Brothers-Re: Article in Post Star regarding the Assessments Kingsbury specifically.. noted there is no State Law requiring annual revaluations… Re: North Queensbury lawsuit … it is not just North Queensbury residents Re: Comparable Sheets – I asked about comparable sheets that we were given for each parcel with regard to the revaluation that is public information that should be disclosed and Supervisor Stec-That was your opinion noted there is a differing opinion. Mr. Brothers-I strongly disagree with the information being quote unquote exempt inter agency materials. We paid three hundred and fifty thousand dollars for that information and I do believe that we should be entitled to it. I would expect that it be released because we are not selling it, we are not distributing to other parties we are just review it and I feel that should be our prerogative to review that information. I did see one parcel where there was a gross error involved and I am not saying that all the parcels are like that, they are obviously not but I do want to see that information released. I want to know when I can have that information. Supervisor Stec-I think you were given the town’s answer. Mr. Brothers-The Assessment Review Board asked me to appeal to the Town Board about this, now I am doing that. Supervisor Stec-When did they ask that? Mr. Brothers-It was at least a couple of months ago. Councilman Boor-At some point is it not inter, does it lose its status? It would seem like it would after a while? 883 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Town Counsel Hafner-It doesn’t change what it is based on time. Councilman Boor-At some point it is foil able, right? Town Counsel Hafner-We researched it we talked with the Department Heads the Assessor, and our conclusion was that it was not foil able. Again, if you have questions and you would like more information I think because of the nature of it that we should set up some time to meet with the Assessor and with one of us to explain. Councilman Boor-I can understand where you don’t want a burdensome task of just a tremendous amount but I am not quite sure why, we will talk about it because I don’t know why it would have that status. Town Counsel Hafner-As I suggested at your last meeting I think that it would be helpful for you to meet with the Assessor and with my partner Mike Hill who worked on that research. Councilman Boor-What is the advantage of not releasing it. Town Counsel Hafner-That is exactly why I think we should talk. Councilman Boor-I do not know whether this helps or hurts us, that is my concern. We will talk about it later. Mr. Brother-So, you are going to review this? Councilman Boor-I am going to find out why we don’t do that. Town Counsel Hafner-It is possible that the conclusions will be Attorney Client and that is privileged and that is not something that we would recommend. Councilman Boor-I am not going to give him the information, but I can certainly tell him why we can’t, why it is considered inter .. Town Counsel Hafner-I think we gave that answer when we wrote to him… Supervisor Stec-Anyone else this evening? Mr. John Salvador – John Salvador 37 Alexy Lane North Queensbury Spoke on the sales tax on admissions at the Great Escape – sales tax only 25% of the admission ticket this went into effect on July of 2004 and a sundown of April 1, 2005. Noted that the Bill st was extended to October 1 of this year. Noted he had not heard of an extension..I would encourage you not to support an extension of that stop gap measure. 7.0TOWN BOARD DISCUSSIONS Councilman Brewer-None at this time. Councilman Strough- 1.Spoke on 1992 Cable TV Act could give the Federal Communications Commission the power to compel Cities and other Municipalities to let the bells compete with Cable TV operators … FCC announced that they would like to see digital broadcasting in full effect by the end of 2006. Noted the Town has a Cable contract coming up shortly… 2.Two meetings Main Street Gateway Project and design workshop on th Thursday Sept. 29 from 11 to 6:30 at West Glens Falls Emergency Medical 884 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Services Building at 105 Main Street also PORC Committee Meeting this Thursday at the Activity Center at 7:00 P.M. 3.Post Star – The Balloon Festival large map in the Post Star noted City of Glens Falls did not mention Queensbury… 4. The weekend before last the reenactment went great up in Lake George, the Battle of Lake George.. 5.This past weekend spent time walking up and down West Mountain Road- concerns of residents was the speeding on West Mt. Rd. noted we can ask Sheriff Cleveland to monitor the road, we could get a local speed indicator dedicated to the Town … noted most people were comfortable with an improvement of shoulder servicing to accommodate bicycles and pedestrians.. 6.Rush Pond Project - bike path is coming, it is being worked on … Councilman Boor- 1.Spoke with Bob Hunts President of PALS Protection for Lake Sunnyside- he wants to speak with Town Counsel he is working on a petition to show that there is support for a lake district … wants discussion on flat fee vs. ad velorum. 2.Re: Great Escape –they do have new management and I think as a Town Board we should either at a workshop or some way convey to the new manager our interest in how they progress with all that they are doing up there. I have some concerns with things like the pedestrian bridge, I want to make sure this new gentlemen has an understanding of what the verbal agreement was with the Great Escape relative to the hotel opening in conjunction with the pedestrian bridge. I think it is great that we helped them out ie the sixty five thousand dollars but I want to see some reciprocity and I want to have a good working relationship with this new individual. I think it is important for the community that deals with the impacts of the traffic and things like that and those types of understanding have to be conveyed to this new gentlemen. Supervisor Stec- I am confident what you are asking for won’t be a big deal … hope to have the new manager here at a workshop in the near future. I have been invited to meet with him later this week, I will broach those subjects with him. Thanked Glens Falls National Bank and TV 8 for sponsoring these meetings, I am still trying to catch up with Glens Falls National Bank about the item that we were talking about the production cost…right now they are the sole sponsor of producing this…Town’s website www.queensbury.net a huge source of information … Exit 18 Main Street area workshop will be held at the West Glens Falls EMS building on Main Street 11am to 6:30 P.M. on September 29th … Re: Speed Wagon Spoke with Sheriff Cleveland, on a semi permanent basis lend a Speed Sign, to be stored at the Highway Dept. it would give us almost exclusive control over it… 8.0 RESOLUTIONS RESOLUTION SETTING HEARING ON EDWARD AND NORMA BAERTSCHI’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1204 STATE ROUTE 9 885 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION NO.: 458, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Edward and Norma Baertschi have applied to the Town Board for a § variance/waiver from 136-44 for a one-year extension of the Town’s connection requirements to connect their property to the Town of Queensbury’s Route 9 Sewer District as there is a stone wall on the property which may make the connection difficult or impossible and the property’s current septic tank with leach field is properly functioning and th very little water is being used, as more fully set forth in the Baertschis’ September 19, 2005 application presented at this meeting, NOW, THEREFORE, BE IT rd RESOLVED, that the Queensbury Town Board will hold a hearing on October 3, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Edward and Norma Baertschi’s sewer connection variance/waiver application 1204 State Route 9 concerning their property located at , Queensbury (Tax Map No.: 295.8-1-8), 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 Mr. and Mrs. Baertschi as required by law. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner 886 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED LAFAYETTE STREET DRAINAGE CAPITAL PROJECT RESOLUTION NO.: 459, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Deputy Highway Superintendent has advised the Town Board that it is necessary to repair and replace drainage infrastructure on Lafayette Street in the Town of Queensbury as more clearly set forth in his st Memorandum to the Town Board dated September 1, 2005, and WHEREAS, such proposed Project shall not exceed the amount of $21,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th October 17, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the proposed Lafayette Street Drainage Capital Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 26 day of September, 2005, by the following vote: 887 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : Mr. Turner Discussion held before vote: Councilman Strough-Did Rick Missita work with Dave Wick the District Manager of Warren County Soil and Water Conservation District? Councilman Brewer-Noted that this was work caused by a collapse in the system… Executive Director of Community Development Marilyn Ryba-Noted she spoke with Mike Travis the Deputy Highway Supt. and he did speak with Dave Wick on that. Supervisor Stec-We got an application into APA on Stranahan’s pond on Bay Road, to put a dry hydrant in there. RESOLUTION APPOINTING STEVEN LOVERING AS TOWN OF QUEENSBURY DIRECTOR OF PARKS AND RECREATION RESOLUTION NO. 460, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Director of Parks and Recreation is retiring th on September 30, 2005 after 27 years of dedicated service, and WHEREAS, the Town’s current Assistant Director of Parks and Recreation has worked in the Parks and Recreation Department since 1990, serving as Assistant Director for the past 11 years, and WHEREAS, the Assistant Parks and Recreation Director successfully completed the Assistant Parks and Recreation Director Civil Service Exam and therefore he can be appointed as Director of Parks and Recreation non-provisionally, and WHEREAS, the Recreation Commission has appointed Assistant Director Steven Lovering as the new Director of Parks and Recreation and requested that the Town endorse this appointment, and WHEREAS, the Town Board concurs with the Recreation Commission’s recommendation, NOW, THEREFORE, BE IT 888 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLVED, that the Queensbury Town Board hereby endorses the appointment of Steven Lovering as the Town of Queensbury’s Director of Parks and Recreation effective st October 1, 2005, such appointment being a “non competitive promotion” entitled to exemption according to the Warren County Department of Civil Service, and BE IT FURTHER, RESOLVED, that Mr. Lovering shall be paid an annual salary to be established by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner Discussion held before vote: Supervisor Stec-After twenty seven years of service the current director Harry Hansen is going to be retiring and we certainly wish him well and that he has a wonderful retirement and we thank him for his service and I think we are going to thank him a little more formerly in the future. Steve Lovering has been the Assistant Director for the past eleven years and has worked for the Recreation Department since 1990. I do not think we will be missing too much of a beat we will miss Harry but I think it is going to be in very capable hands. RESOLUTION AMENDING RESOLUTION NO.: 280, 2005 REGARDING APPOINTMENT OF COURT CLERK RESOLUTION NO.: 461, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 889 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 1.Court Clerk to Justice Michael Muller; 2.Court Clerk to Justice Robert McNally; 3.Court Clerk (to serve needs of Court); and 4.Deputy Court Clerk; WHEREAS, by Resolution No. 9, 2005, the Town Board confirmed such appointments for the year 2005, and WHEREAS, as a result of the resignation of the Court Clerk for Michael J. Muller, the Town Board, by Resolution No.: 280,2005, appointed Kerrie Hatin as Court Clerk for Michael J. Muller with Ms. Hatin’s 2005 salary to remain unchanged, and WHEREAS, the Town Board and Town Justices previously agreed that there is to be equal pay for the Court Clerks to Justice Michael Muller and Justice Robert McNally and therefore the Town Board wishes to amend Resolution No. 280,2005 accordingly so that the Court Clerk 2005 salaries listed above are equal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 280,2005 such that the annual salary for Court Clerk Kerrie Hatin shall be $39,678 for the remainder of 2005, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 280, 2005 in all other respects. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING INCREASE IN BILLING RATE FOR EMERGENCY MEDICAL SERVICES THIRD PARTY BILLING (BILL FOR SERVICE) RESOLUTION NO.: 462, 2005 890 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board has entered into Agreements with the Town’s three (3) Emergency/Rescue Squads (Squads) for a bill for service (third party billing) program, and WHEREAS, by Resolution No.: 472,2004, the Town Board entered into a Billing Service Agreement with Iliant Medbill, Inc. (Iliant) to provide for such third party billing, and WHEREAS, by Resolution No.: 596,2004, the Town Board authorized the establishment of the following billing rates for Emergency Medical Services (EMS) third party billings in the Town of Queensbury: 1. ALS (Advanced Life Support) - $500 2. BLS (Basic Life Support) - $350 3. Mileage (loaded) - $6/mile and WHEREAS, the Town Budget Officer has informed the Town Board that Iliant and the Squads have requested an adjustment in the Mileage (loaded) billing rate due to increased gasoline prices, and WHEREAS, based on the increased gasoline prices and recommendations from Iliant and the Squads, the Town Budget Officer has recommended that the Town Board authorize such increase in the Mileage (loaded) billing rate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an increase in the Mileage (loaded) billing rate for Emergency Medical Services (EMS) third $9/mile party billings in the Town of Queensbury from $6/mile to , and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take the necessary actions to implement such increase in the third party billing system and effectuate the terms of this Resolution. 891 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner RESOLUTION AUTHORIZING MILEAGE ALLOWANCE INCREASE RESOLUTION NO.: 463, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, New York State Town Law §116 requires the Town Board to establish a mileage allowance for the use of Town employees’ personal automobiles in the performance of employees’ duties when a Town Fleet Management vehicle is unavailable, and WHEREAS, the Internal Revenue Service and Treasury Department have announced an increase in the optional standard mileage rate from 40.5 cents to 48.5 cents per mile for the final four months of 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amended ¢ amount of 48.5 per mile to be allowed for the actual and necessary use of Town employees’ personal automobiles in the performance of employees’ duties through st December 31, 2005. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner 892 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION AFFIRMING CONSISTENCY OF SCHERMERHORN RESIDENTIAL SUBDIVISION PROJECT WITH HILAND PARK PLANNED UNIT DEVELOPMENT RESOLUTION NO. : 464, 2005 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, Schermerhorn Residential Holdings, L.P. is seeking approval from the Town of Queensbury to construct a subdivision on a 20± acre parcel currently owner by Glens Falls Homes, Inc consisting of thirty-eight (38) residential lots and four (4) commercial lots at the southeast corner of Meadowbrook and Haviland Roads in the Town of Queensbury, and WHEREAS, Schermerhorn Residential Holdings, L.P. has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Hiland Park Planned Unit Development as approved by the previous Town Board on January 14, 1987 by Resolution No. 212.87, and WHEREAS, the Senior Planner has reviewed the proposed project to be sure it is in compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town Board adopt a Resolution affirming that the proposed project is consistent with the Hiland Park PUD so that the proposal will be able to move forward through the subdivision and site plan review process as administered by the Queensbury Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by Schermerhorn Residential Holdings, L.P. to build a thirty-eight (38) residential lots and four (4) commercial lots subdivision at the southeast corner of Meadowbrook and Haviland Roads in the Town of Queensbury is consistent with the Hiland Park PUD as approved by Town Board Resolution 212.87, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to present a copy of this Resolution to Schermerhorn Residential Holdings, L.P. and the Town Planning Board, and take such other and further action necessary to effectuate the terms of this Resolution. 893 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Turner Discussion held before vote: Executive Director Ryba-In May of this year there was a special Town Board Meeting where the concept for the Haviland Meadowbrook Road area was discussed with Richard Schermerhorn and it is part of the Hiland Park Planned Unit Development which I believe was put together back in 1980’s. Since then there have been a number of developments that have come forward and each time the developer has asked for a determination of consistency with the intent of the Planned Unit Development and that consistency also includes the consistency with the SEQRA Determination. Stuart Baker who is the Senior Planner with the Community Development Department did do an analysis looking at all the previous units that were approved, residential units, commercial areas outlined all of that and then also provided you copies of the environmental impact statement so you could see what the percentage is how that compared with what has been put in place and what has been proposed and what was originally outlined in the environmental impact statement and in the planned unit development concept plan. So, that is a run down on where we got to at this point. Town Counsel Hafner-The letter that we got from the applicants showed three commercial lots and that seems to have been a typo. The map seems to have four. Attorney Lapper-The only change in the plan of where the commercial and where the residential would be is to accommodate the relocated Meadowbrook Road which is the Counties design. We submitted a letter from the County to Stu today that said they concur with our location that is what they told us to do. Supervisor Stec-Thanked Mr. Schermerhorn and Mr. Michaels for cooperating with the County and each other to resolve that to accommodate the Counties desire. That is the cheapest alternative for the County is to realign that road but obviously there are private owners involved but we are happy that the two owners involved Michaels and Schermerhorn were able to come to terms with each other. Town Counsel Hafner-requested that the resolution denotes four commercial lots … Councilman Brewer and Strough agreed to change. Councilman Strough-Thanked Stu Baker, I do appreciate his work in giving me some background on the Hiland PUD. Noted that this is a down sized project, we are losing a little bit of a ratio in the residential to commercial but this whole Hiland Park PUD is I think looks nothing like the originally proposed, I almost wonder that it has much value left. In any event I do not see anything wrong with the proposal in front of me. RESOLUTION AMENDING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 4652005 , INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and 894 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 WHEREAS, a single family property, Case File #5071, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty three thousand four hundred ninety eight dollars ($23,498), and WHEREAS, a total of $1,541.80 in repair costs has been incurred up to this point for a total rehabilitation cost of $25,039.80, and WHEREAS, the property owner has contributed $39.80 of personal funds for the project, and WHEREAS, by Resolution No.: 244, 2005, the Town Board authorized a loan in the amount of four thousand seven hundred ninety one dollars and eighty cents ($4,791.80) and now the costs have increased and a Revised Loan with a net increase of two hundred eight dollars and twenty cents ($208.20) for a total loan of five thousand dollars ($5,000) is required to complete all required rehabilitation, and , WHEREAS the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and , WHEREAS Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5071 in an amount not to exceed five thousand dollars ($5,000) and hereby authorizes and directs either the Town Supervisor or Executive Director of 895 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: Mr. Turner Discussion held before vote: Executive Director Ryba-This is because the original contractor failed to respond to the request to begin work. There was a date in the contract and failed to do that response so the homeowner took the second lowest bidder so that the work can begin. RESOLUTION AUTHORIZING CONTRACT TO PROVIDE FUNDING IN SUPPORT OF THE NEW YORK STATE CROSS- COUNTRY STATE CHAMPIONSHIPS AT QUEENSBURY SCHOOL RESOLUTION NO.: 466, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury wishes to provide funding in an amount not to exceed $3,000 to the Queensbury Union Free School District in support of the New York State Cross-Country 2005 State Championships to be held at Queensbury School in November, 2005, and WHEREAS, such event is expected to bring thousands of tourists to the Town of Queensbury and surrounding area, increasing the business of hotels and motels, restaurants, stores and other businesses, thereby boosting the local economy and benefiting the residents of the Town of Queensbury, and WHEREAS, the County’s occupancy tax is to be used for items including tourism- fostering events such as this and accordingly, the funds for the Town’s support for this event shall come from the Town’s share of occupancy tax receipts, NOW, THEREFORE, BE IT 896 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLVED, that the Queensbury Town Board hereby approves of an Agreement between the Town and the Queensbury Union Free School District to support the New York State Cross-Country 2005 State Championships to be held at Queensbury School in November, 2005, such Agreement to be substantially in a form agreeable to the Town Supervisor, Budget Officer and Town Counsel, and the Town Board authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Budget Officer shall issue payment to the Queensbury Union Free School District in care of the Athletic Director Scott Stuart and to be earmarked for the NYSPHAA Boys and Girls State Cross-Country Championships, such funding to be paid for from the appropriate account as determined by the Town Budget Officer. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Stec NOES : None ABSENT: Mr. Turner RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 467, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills nd presented as the Abstract with a run date of September 22, 2005 and a pay date of th September 27, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a ndth run date of September 22, 2005 and pay date of September 27, 2005 numbering 25- 412600 through 25-44-3100 and totaling $1,095,561.93, and BE IT FURTHER, 897 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Strough NOES : None ABSENT: Mr. Turner Discussion held before vote: Councilman Strough asked for update on utility audit? Budget Officer Jennifer Switzer-The contract has been signed, and my office is preparing data for the company. Councilman Boor-What is the turn around time? Budget Officer Switzer- Approximately three months. RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 468, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: 036-9710-6010 036-9710-7010 23,167. (Serial Bond Princ.) (Serial Bond Int.) 001-1990-4400 001-1430-4154 3,000. (Contingency) (Personnel Recruiting) TOWN CLERK: 001-1450-4156 001-1410-2001 4,249. (Election Payroll) (Town Clerk Equipment) 898 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 th Duly adopted this 26 day of September, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Turner 10.0ATTORNEY MATTERS NONE 11.0EXECUTIVE SESSION RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 469, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss hiring of individual requested by Community Development Dept. th Duly adopted this 26 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 470.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 26 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner NO ACTION TAKEN IN EXECUTIVE SESSION RESOLUTION ADJOURNING TOWN BOARD MEETING 899 REGULAR TOWN BOARD MEETING 09-26-2005 MTG. #43 RESOLUTION NO. 471,2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 26 day of September, 2005 by the following vote: AYES: Mr. Boor, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Turner Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury