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2014-05-19 - Mtg 21 REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 1 REGULAR TOWN BOARD MEETING MTG#21 MAY 19TH, 2014 RES# 172-186 7:00 P.M. B.H. 15-16 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS SUPERVISOR AT LARGE RACHEL SEEBER SUPERVISOR STROUGH called meeting to order.... PRESS LOOK TV, POST STAR QUEENSBURY BOARD OF HEALTH 1.0 RESOLTUION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION 172, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 19th day of May, 2014 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None AB SENT:None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWAGE DISPOSAL VARIANCE APPLICATION OF LARRY STEINHART PUBLICATION DATE: May 9, 2014 PRESENT LARRY STEINHART AND ETHAN HALL FROM RUCINSKI HALL ARCHITECTURE SUPERVISOR STROUGH-Larry Steinhardt has a residence at 362 Cleverdale Road and they are asking for three (3) variances. One, (1) is for the bottomless sand filter, which is part of a Norweco Singulair Bio-Kinetic System to be three feet (3') from REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 2 the property line as opposed to the ten foot (10') setback required by code. Their second variance is for a septic tank and effluent pump to be three foot eight inches (3'8") from the south property line as opposed to the ten foot (10') setback. The third variance is for the two inch (2") force main from the boathouse to be seven foot (7') from the property line instead of ten foot (10') and twenty-three feet (23') from the lake waterfront instead of the required fifty (50). There are actually four (4) variances because the two inch (2") force main requires two (2) variances. Will the two (2) gentlemen in front of me please introduce yourselves? (Larry Steinhardt, Ethan Hall, Principal with Rucinski Hall Architecture) I assume that you are going to give us an overview of your system and what you're requesting. MR. HALL-Yes we will give you a brief rum through of where we are at with the system. The existing single family residence was built in the 1930's, the boathouse was constructed in the 1940's, it had a renovation done in the 1980's. There are three (3) bedrooms in the existing house and there are two (2) bedrooms in the boathouse so the system has been designed for a five (5) bedroom sewage disposal system. The drawing that I have up here shows in purple where the existing sewage disposal system is currently. The current system is an existing steel tank that has deteriorated to the point where it is no longer functioning and the outlet is what we can assume just to be either a drywell or just a drainage tile that was laid in a stone trench. That will be removed completely; it is within a hundred feet (100') of a lake currently. The new system that will be installed, it is a bio treatment system, it is a concrete tank, a three (3) chambered tank that works kind of as an onsite sewage system. The water that comes out of the end is doubled filtered by the time it comes out. The effluent is then pumped to this bottomless sand filter, which is depicted all the way up at the top of the site along Cleverdale Road. The reason for our variances is because we are right on the road, that is as far as we could get from the lake. We are maintaining, I believe it is close to a hundred and forty feet (140') to the lake itself. The variance from the side yard is due to where the tanks have to placed. We can't get them closer to the house, we are placing them basically in the exact location that the tank is now. The other variance is for the pump system from the boathouse, there are two (2) bedrooms in the boathouse with a bathroom as well. There is an existing pump chamber down there that is badly deteriorated, it needs to be replaced. That will rum from the boathouse area up and around the green line that kind of snakes its way up and around there. It comes up to this system, everything is contained within this system then pumped up to the bottomless sand filter up by the road. SUPERVISOR STROUGH-There are two (2) bedrooms in the garage? MR. HALL-No there are no bedrooms in the garage only in the boathouse. SUPERVISOR STROUGH-There are two (2) bedrooms in the boathouse I mean. MR. HALL-There are two (2) bedrooms in the boathouse, three (3) in the main house itself. SUPERVISOR STROUGH-I see you are only assessed for four (4) bedrooms. How could you put two (2) bedrooms in that little boathouse? REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 3 MR. HALL-They are tiny. One has just a twin bed and the other one has a double bed that you can barely walk around, they are considered bedrooms by code. SUPERVISOR STROUGH-So five (5) bedrooms would require how many gallons per day? MR. HALL-Five hundred and fifty (550). SUPERVISOR STROUGH-Why is the system being made to design to accommodate seven hundred (700)? MR. HALL-Because of the age of the fixtures that are in the building. At current house, five (5) bedrooms would be a hundred and ten (I 10) gallons a day. The current fixtures that are there are not water saving fixtures they are the older standard fixtures that are a hundred and thirty (13 0) gallons a day or a hundred and fifty (15 0) gallons a day. SUPERVISOR STROUGH-Would you be opened to a requirement that you go to low? MR. HALL-We can go to low flow. The ones in the house itself have been already changed out. The ones in the boathouse, those can be changed out quite easily. MR. STEINHART-We are all for making as small as possible. SUPERVISOR STROUGH-Any of the Councilmen have questions at this time? COUNCILMAN VANNESS-We went up and visited it today. I had an opportunity to speak with a few of the neighbors and stuff. In looking at it, one of my questions is on the grinder pump. Wouldn't it be possible, we saw where the septic and the vent came out of the boathouse down alongside, I take it that you drain that in the winter? MR. STEINHART-Yes. COUNCILMAN VANNESS-Is that why you are able to rum your septic outside? Okay. Would it be possible to take that grinder, move that fiirther to your own property, when that line goes from the grinder up to the new tanks, double sleeve that? We've asked since we've been here in January to double sleeve these lines for protection. If it sprung a leak it would be just another sleeve that would stop the effluent from coming back in. The other question is the possibility of moving that grinder pump farther.... MR. HALL-Everything runs from the boathouse by gravity down to this grinder pump, that is the location of the grinder pump right now underneath that entry deck at the boathouse. To run it any farther would mean pushing it farther by gravity and it would be deeper in the ground at that point. COUNCILMAN VANNESS-But if you moved it south from where it is actually now instead of leaving it where it is, moving it southerly more towards the steps of going down onto the platfonn onto the deck. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 4 MR. HALL-I see what you are saying. COUNCILMAN VANNESS-If we moved it that far off the property line somewhat more towards yours it would actually give you a shorter run for you going.... MR. HALL-Shorter run to the tank, it would still be underneath the porch. COUNCILMAN VANNESS-Absolutely,just moving it southerly more than double lining the effluent pipe going up to the... MR. HALL-The plastic pipe that runs up there? Sure we can do it. SUPERVISOR STROUGH-If you went to water saving fixtures then you would only need a five hundred and fifty (550) gallon per day designed filtration bed, which means a smaller bed and less of a variance. MR. HALL-We could make it smaller. It is really not going to get much smaller, we are already ten feet (10') from the property line with the bed, we are just pushing it up as close to the road as we can get it. We reoriented it so that we stay away from the property line. The only property line that we are getting close to is the one up by the road. The length of the lines is really where we are at with it, if we made them any longer or altered them, the walkway coming from the parking lot or from the parking area down to the patio, is what we interfere with. We can take a look and possible make it a little bit smaller, but we are still going to need a variance of one form or another. SUPERVISOR STROUGH-You say in your application that it would be possible for you to install a conforming system on your property. MR. HALL-If we turn the system the other way and eliminate the parking beside the garage and pushed the system..... COUNCILMAN IRISH-The reason you are doing this is the system is failing, but you need additional parking up there, is this why you are doing the variance? MR. HALL-They park there now and they are trying to avoid having any more cars parked along Cleverdale. It is so tight in that area, especially on the weekend when there is something going on at the Chapel or something, there is so little parking that we are just trying to keep as many cars off of Cleverdale as we can. MR. STEINHART-If we push the sandpit closer to the house, there are two (2) big oak trees next to the house there so we don't even have room to snake our walkway through there around the pit. COUNCILMAN IRISH-What is the distance you said that you were, over a hundred and forty feet (140') from the lake? I mean at the risk of saying I'd like to move it closer to the lake you kind of have forty feet (40') to play with there. MR. HALL-We are actually a hundred and twenty feet (120') to the lead edge of the field. If you move it any closer, if we bring it down towards the lake, we start getting REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 5 into those trees and the root system of the trees. I would prefer not to do any major excavation work around the drip line of that tree. COUNCILMAN IRISH-Okay. COUNCILMAN CLEMENTS-I would like to see this as far away from the lake anyway so. COUNCILMAN IRISH-Yeah. COUNCILMAN IRISH-I've got to tell you based on what we saw when we were there today, it is definitely an improvement from what is there right now, there are definitely some issues going on up there. MR. STEINHART-Oh yeah. MR. HALL-There are some major issues with what's there right now. SUPERVISOR STROUGH-Let me see if there is somebody from the public that wishes to speak to this. I will ask you to find a seat to allow them to come forward. Is there anybody here from the public that wishes to speak to this application? JOHN SALVADOR, NORTH QUEENSBURY-At first glance we see that the Steinhart's property located at 362 Cleverdale Road is in fact a substandard lot in a town designated two (2) acre waterfront zone, waterfront residential zone with a two bedroom (2) size living quarter above a boathouse. I can't ever remember that being a legal installation, it has always been prohibited. There is no record at the town for a building permit for any of this facility, there is just nothing in the record. Also this lot has a rather steep slope and that map you have here does not have contours on it. This is a very high density residential neighborhood with as many as thirty (30) onsite septic systems within a fifty foot (50') distance of the Steinhart property. Thirty (30) onsite septic systems, all of them probably in the same state of disrepair and failing as this one, contaminating the subsurface water. The recently revised town code places the Steinhart's zero point one nine (0.19) acre parcel in a nonconforming category. Additional nonconforming features of this lot include the lakefront width of fifty nine point four feet (59.4') where the town code requires a hundred and fifty feet (150'). Likewise, the town code requires a minimum lot width of a hundred and fifty feet (150') and road frontage of a hundred and fifty feet (150'), both of those parameters are not being met. The assessors use designation as a single family residential dwelling, currently four (4) bedrooms on the assessor's inventory. This four (4) bedroom is derived from a statement that the previous owner made when we had the last reval. Of course, the records show that these dwellings were built sixty (60) or seventy (70) years ago. It seems to always have been for the purpose of a seasonal occupancy. Over the years, slowly with the addition of heat, that is also in the record, this property has been converted, it has been converted to a year round use. There is also no evidence that the current septic system was ever approved for construction by the town, also no building permits for the nonconforming a-shape dock with an illegal apartment above it. You are supposed to have at least sixty feet (60') of shore frontage to build anything but a single pier, REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 6 then you need side yard setback. This boathouse doesn't meet it, it is right on the property line. A lot with less than sixty five feet (65') of lakefront is limited to a single straight pier and the a-shape dock does not meet the proper setbacks. This project can then best be described as that of a replacement of a nonconforming failing onsite wastewater disposal system on a zero point one nine (0.19) acre substandard lot roughly sixty feet (60') wide in a town designated waterfront residential two (2) acre zoning district in the Lake George Park Commission designated critical environmental area, all to service an existing four (4) bedroom residential dwelling plus a two (2) bedroom apartment above a boathouse. Pursuant to Town Code Chapter 136-18, dealing with onsite septic system variances, the local Board of Health is obligated to determine if strict application of any of the requirements of Part 1, Chapter 136 would result in an unnecessary hardship that would deprive the owner of a reasonable use of his land. What then is the reasonable use, which can be expected of a one fifth (115) acre lot? Doing it this way and not going the route of a site plan approval, there is no provision for storm water management, that is going to be the next problem. On this one fifth (115) acre lot, where do you put both an onsite wastewater system and storm water management? Any variance or variances would not be material detrimental to the purposes or objectives of any plan or policy of the town. What is the town's policy with respect to land use of the shore of Lake George? How are we going to keep going on and on with this? What do you think is going on next door and all those other thirty (30) septic systems within five hundred feet (500') of this parcel? Somewhere along the way the Steinhart property was the subject of a conversion from a seasonal use to a year round use. The assessor's records show the recent installation of a heating system whereas the Steinhart's are obligated to supply drinking water to the neighboring lakeside Chapel, but only on a seasonal basis. This goes to the fact that it was only a seasonal use at one time. The conversion of seasonal residence requires a site plan approval and that is where we belong. What will the Planning Board allow on this site and are we going to continue to allow the use of this apartment above a boathouse, strictly prohibited, not only that it looks like hell? Also the boathouse is enclosed at that is not recommended. Can the signs of failure be due to a change in use or even an intensity of use? Is this apartment a rental unit and therefore not an assessment classification two ten (210), which is residential property or is there commercial activity going on? I would recommend if they want to continue using the property that they go on a holding tank, even if one has to be installed. Get a holding tank on the property and then proceed with a site plan review that shows zoning district boundaries, town boundaries, mean high water mark, contours. The Highway Superintendent is claiming a twenty foot wide paved road with three foot shoulders. I don't know if that is mapped exactly on the map, but you know where the snow goes in the wintertime. These systems where we infiltrate water into the ground rely very heavily on evapotranspiration, a phenomenon of percolation of the water upwards and evaporation. Where do you think the water goes after the ground gets saturated? It can't go, it goes up. If we start piling snow on it, it is just not going to work, especially if it is a year round dwelling. Again before anything is done, that a storm water management plan should be put in place to go with this and there is no reason REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 7 why they can't change the fixtures in the house to low flow fixtures, cut the flow down. Thank you. SUPERVISOR STROUGH-Anyone else from the public wish to speak to this application, seeing none will the applicant and the applicant's agent return to the table? MR. STEINHART-As far as the use of the property, we do not use the property from October. We leave in October after Columbus Day and we return mid-May so we are not using it year round. As a matter of fact we would love to have the septic system designed smaller for the use, but we have to follow the guidelines for the number of bedrooms we have. We do not rent the boathouse, the prior owner did, but we do not. Our family uses that or we have guest there so there is not a rental use of the property. SUPERVISOR STROUGH-I've seen ice take out a lot of docks, this one here has manage to survive I guess a quite of few years, if not decades. Would you consider eliminating the two (2) bedroom use or at least the bathroom part of it over the dock and eliminate that leg of the septic? MR. STEINHART-That was part of the property we purchased. Our kids come and visit us and they stay in the boathouse, it is nice to have the facility. MR. HALL-We certainly have no problem changing everything to low flow fixtures and minimal water use. SUPERVISOR STROUGH-Okay let's go through John Salvador's thoughts here. How about a holding tank? MR. HALL-A holding tank isn't really a pennanent solution to the problem. This system as designed is a permanent fix to this issue. SUPERVISOR STROUGH-So the advantage of a holding tank is we know where it is and where it is not going. MR. STEINHART-It only holds so much. SUPERVISOR STROUGH-They are going to be pumped out. MR. STEINHART-Like weekly. MR. HALL-Absolutely. SUPERVISOR STROUGH-Are you renting out the two (2) bedroom spaces above the boathouse? MR. HALL-No, this is only for the family's use. SUPERVISOR STROUGH-So it wouldn't be weekly, it might be monthly. You have any plans to be rebuilding the main house? I guess its sixty (60), seventy (70) years old. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 8 MR. STEINHART-No. We fixed it up; we put a new roof on when we bought the house. We put vinyl siding on it, insulated it, not that we are there in the winter so we can keep it efficient. The fiirnace was there already when we bought the house so that was already converted. There was already heat in the house when we bought it. MR. HALL-Water is maintained to the Chapel, the Steinhart's do provide water to the Chapel next door. MR. STEINHART-During the season. COUNCILMAN CLEMENTS-Could you talk a little bit more about the storm water management? When I was up there I noticed that there was a drain in front of the garage. MR. HALL-There is a catch basin that is just a drywell that was installed by the town, that is part of the road drainage system. COUNCILMAN CLEMENTS-I noticed there was water running down the hill. Are you going to build that up so that the water doesn't run down the hill and it runs back into that basin? MR. HALL-Everything will be maintained on the top and the parking areas and along the road. Everything else is being taken care of, there is a landscaper who has the layout for the new patio and the areas all around it. Everything will be reseeded, re-mulched... MR. STEINHART-There was a steep walkway there, it got dug up as part of all this. We are actually stepping down so it wasn't that steep, that was one of the things we were hoping to accomplish here, to stop the water from running down the hill. COUNCILMAN CLEMENTS-You don't have any plans showing that though? MR. STEINHART-No. MR. HALL-Correct me if I am wrong, the area that was between this walkway through here, that was all hard surface at one time? MR. STEINHART-It was all concrete. MR. HALL-It was all concrete at one time, that has been all taken out. All the hard surface that was along, it is kind of a right-of-way walking path that runs along in front of the Chapel and along in front of several of the residences that run down through there. All the hard surface has been taken out and is being replaced. Is that grass paver or permeable paver? MR. STEINHART-Permeable pavers. MR. HALL-The water there is not running off and running directly into the lake the way it was before. Much of the hard surfaces that have been on this site are being remedied by penneable pavers in that area as far as storm water management. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 9 SUPERVISOR STROUGH-The grinder pump has a check valve in it, should the ice ever take that away? MR. HALL-Should the ice, it is well up above that area, any area above the lake, it is probably a good ten feet (10') above the lake surface itself. COUNCILMAN VANNESS-It would not even come close to it John. SUPERVISOR STROUGH-Okay. COUNCILMAN IRISH-You indicated you are not renting the property, you do not have any intentions of building another home or anything up there? Bob, I don't know if this is a question for you or not, but do you have any issues if we condition the approval, assuming when it is granted, on the fact that you won't be renting any property up there or doing any additions to the building footprint today? MR. STEINHART-We don't have any issues.... TOWN COUNSEL, HAFNER-That is not particularly effective. You are considering a variance to allow a septic system. Once that septic system is granted we can have conditions like you were talking about earlier, but it is then going to exist, this isn't going to be an easement that..... COUNCILMAN IRISH-I understand that. Wouldn't there be civil remedies available if they didn't comply with those conditions? TOWN COUNSEL, HAFNER-You are considering a variance for a septic system for five (5) bedrooms, that is what the use is. People might change their mind later, which is one the concerns that the Town Board always wrestles with, but the effectiveness is questionable. MR. HALL-Based on the location of the house and its proximity to the property lines, any modification to the facility itself is going to trigger an area variance. So any modification to the actual physical structure of the house is going to kick us into area variance, site plan review.... TOWN COUNSEL, HAFNER-Planning Board and Zoning Board are people who consider those types of uses. COUNCILMAN IRISH-The only other concern that I had and I did ask Dave Hatin, this was similar to what Mr. Salvador mentioned, the fact that we have not been able to find any approval granting or granted approval for the building of that boathouse or the bedrooms and the bathroom over there, so that concerns me a little bit. If we don't have anything on record where it was approved, do you have anything showing that? MR. HALL-We don't. I've looked at everything that was on the town's website as well and it looks like most of that work was done in the 1940's, which I believe predates the Building Department anyway. I am not sure if that would have been at Warren County at that point, I am not sure at that point it is well before my time. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 10 COUNCILMAN IRISH-Bill and I went tip today, we spoke with the neighbors and they did indicate that it had been there probably fifty (50) years to their knowledge. MR. HALL-Based on the size of the rough cut lumber and everything that has been used in there, I would say that is probably pretty accurate. TOWN COUNSEL, HAFNER-You are talking about the boathouse? MR. HALL-Yes. SUPERVISOR STROUGH-What I have, what I am hearing are some suggestions of these, that the applicant agree to go to low flow plumbing fixtures. The grinder pipe line will be sleeved, that the bed will be resized to five hundred and fifty (550) gallons per day for a five (5) bedroom as appropriate. That the grinder pump will be moved southward, but I don't have a distance or anything. COUNCILMAN IRISH-I think it is going to remain tinder the porch probably six (6), seven feet (7'). TOWN COUNSEL, HAFNER-It's tip to the southern portion of the screen porch. COUNCILMAN VANNESS-Correct. SUPERVISOR STROUGH-Myself, I am having a tough time getting over the fact that there is two (2) bedrooms in a boathouse house and there is plumbing there, I am just having a problem with that. TOWN COUNSEL, HAFNER-If the Town Board wants, you had the public hearing you can close the public hearing and take a couple weeks to do some investigation of facts if that is what you want. COUNCILMAN METIVIER-I just think you are not going to find much. You drive around the lake and you are going to see boathouses like this one. It is something that wasn't permitted, but done; there is no record of it. Obviously, these folks didn't do it. Neighbors attest to the fact that it has been there for fifty (50) years, I mean you are not going to find anything. COUNCILMAN VANNESS-I have to agree with Tony. After speaking with the neighbors, they were gracious enough to sit there, they spent a half an hour forty minutes with us; explaining to us that the age that these homes are and the stuff that has been done at these homes at the time. It was, I think we are going to have a tough time finding any record whatsoever of anything that has been done tip there. I am not saying that I totally approve of it all, but I just don't see how we can hold these people hostage for something that was done basically years..... TOWN COUNSEL, HAFNER-I was just saying if you needed more time. COUNCILMAN METIVIER-This is one of those cases where we need to start looking at that law prior to properties changing hands, septic's need to be inspected. In this particular case before these folks bought this house, if we felt or deemed that the boathouse was a nonconforming use, take the bedrooms off then. They purchased REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 11 what they purchased, preexisting nonconforming use. As I've said for seven (7) years now or how many years it's been, this is an improvement over what is there, it is a step in the right direction, it might not be ideal. I am going to argue John's point about the ice taking out the boathouse. Keep in mind it would be in the wintertime there is no water to the boathouse so I am not concerned about that. Frankly, I understand your point with the summer, but there wouldn't be any water, I have a problem with that piece, too. To me with all of the projects we have been working on this is a substantial improvement over what is there now...sooner than later. COUNCILMAN CLEMENTS-I agree with that, too. SUPERVISOR STROUGH-Okay, John? MR. SALVADOR-In 1981 all boat docks and boathouses and structures were supposed to be registered with the DEC, currently the Park Commission has all these records. I didn't have time today to look at that, if there is any record, it should be with that, otherwise it is an illegal installation. COUNCILMAN METIVIER-That is your point John. I mean our boathouse is nonconforming and it is registered with the Park Commission. MR. SALVADOR-If it is registered fine. If it is not registered and it is nonconforming, it is illegal. COUNCILMAN METIVIER-From what we understand this has been there longer than that so it is registered as is. MR. SALVADOR-We don't know that it has been registered under DEC and Park. MR. STEINHART-I have a decal. COUNCILMAN METIVIER-If he has a decal it's been registered. MR. STEINHART-Since we've been there and there was one before. MR. SALVADOR-With the Park Commission, but was it registered in 1981? TOWN COUNSEL, HAFNER-Tony that is irrelevant to the question that you are facing, I mean legally. COUNCILMAN VANNESS-You have your annual water permit? MR. STEINHART-Yes. SUPERVISOR STROUGH-Let me go through the amending resolution. TOWN COUNSEL, HAFNER-Do you want me to read what I wrote out? SUPERVISOR STROUGH-Would you please Bob. TOWN COUNSEL, HAFNER-We would add a resolved at the end. Further resolved, that this resolution is contingent upon the applicant doing the following items; one (1), update all the water fixtures to be on the property to be low flow, water saving fixtures, two (2), move the grinder pump up the southern end of the REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 12 porch, three (3), double sleeve the septic line from the grinder pump to the new septic tank. SUPERVISOR STROUGH-Just sleeve it, don't double sleeve. TOWN COUNSEL, HAFNER-I heard him say. COUNCILMAN VANNESS-When I said double sleeve I meant a pipe in a pipe. TOWN COUNSEL, HAFNER-It is going to be a pipe within a pipe. Four (4), the bottomless sand filter bed will be resized for five hundred and fifty (550) gallons per day. SUPERVISOR STROUGH-Thank you Bob. Moved to put on the floor by Councilman Metivier. COUNCILMAN METIVIER-John do you want to close the public hearing? SUPERVISOR STROUGH-I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING LARRY STEINHART'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 15,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, Larry Steinhart filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new, bottomless sand filter and septic tank and pump system to replace the existing, non-compliant wastewater system in order to allow for parking beside the Applicant's garage as follows: 1. New bottomless sand filter to be located 3' from the property line along Cleverdale Road instead of the required 10' setback; 2. Septic tank and effluent pump chamber to be located 3'8" from the southern property line instead of the required 10' setback; 3. New 2" force main from the boat house to be located 7' from the property line instead of the required 10' setback and 33' from the Lake George waterfront instead of the required 50' setback; on property located at 362 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, May 19th 2014, and REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 13 WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, the Local Board of Health hereby approves the application of Larry Steinhart for variances from the Sewage Disposal Ordinance to install a new, bottomless sand filter and septic tank and pump system to replace the existing, non-compliant wastewater system in order to allow for parking beside the Applicant's garage as follows: 1. New bottomless sand filter to be located 3' from the property line along Cleverdale Road instead of the required 10' setback; 2. Septic tank and effluent pump chamber to be located 3'8" from the southern property line instead of the required 10' setback; 3. New 2" force main from the boat house to be located 7' from the property line instead of the required 10' setback and 33' from the Lake George waterfront instead of the required 50' setback; on property located at 362 Cleverdale Road in the Town of Queensbury, and bearing Tax Map No.: 226.12-1-64, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon the applicant doing the following items: 1. Update all the water fixtures on the property to be low flow, water saving fixtures; 2. Move the grinder pump up to the southern end of the porch; 3. Sleeve the septic line from the grinder pump to the new septic; and 4. Bottomless tank and filter bed will be resized for 550 gpd. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 14 Duly adopted this 19th day of May, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Metivier NOES Mr. Strough ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION BOH 16,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 19th day of May, 2014, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOE S: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR SUPERVISOR STROUGH-Stated that the Resolution Setting the Public Hearing on the Proposed Local Law to Amend Queensbury Town Code and the Town Zoning Map has been rescheduled to Monday, June 16th, 2014. At 7:00 p.m. There will not be any action taken tonight and there might not be any action taken on June 16t1i it is a public hearing. RUTH LAMB-Thanked Supervisor Strough for attending the April 4th, 2014 Municipal Composting Program that the Board of Supervisors supported. There were representatives from the eight of the ten towns' and the City of Glens Falls and the possibility of now undertaking shared composting becomes more possible. Complemented the town for cooperating with French Mountain Lumber Company to have them compost landscape waste pickup from Queensbury residents, both in the spring and the fall. Urged the town to oversee for arranging for composting of waste food from restaurants and stores. Recommended the town to establish a study committee be formed to research the possible cost and income to the town of undertaking the composting. Noted, there will be a Home and Community Organics Management and Composting Presentation and Dinner on May 20t1i 2014 held by Warrensburg Beautification and on June 26th, 2014 at the Crandall Library. GEORGE WINTERS-4 JOHN CLENDON ROAD, QUEENSBURY-Spoke to the board on ways the town can save more money. Asked the board to have someone spend some time researching this to see what can be done. TRAVIS WHITEHEAD, QUEENSBURY-Spoke to the board regarding the proposed public hearing regarding zoning changes. Asked the board to consider revising the language on Page 4, F (2) concerned with the word encouraged, also (3)the word ancillary, this word is used throughout the local law, asked for clearer language regarding the wording. KATHLEEN SONNABEND, CEDAR COURT, QUEENSBURY-Spoke regarding the proposed public hearing on the zoning changes to the code and her opposition to the Bay Road corridor being included in the proposed change. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 15 JOHN SALVADOR-Spoke regarding the proposed public hearing on the zoning changes noted he attended that workshop, left before the end, asked when this was discussed. SUPERVISOR STROUGH-It has been discussed by this board, administrators in town off and on. MR. SALVADOR-Spoke regarding the SEQRA review, it has to be done before you send this to the Adirondack Park Agency. TOWN COUNSEL, HAFNER-Only Part I, you cannot do Part II until after you go through that process. MR. SALVADOR-Asked who is sponsoring the zoning change? TOWN COUNSEL, HAFNER-This is by the town. This is a public comment period, not a question and answer period. MR. SALVADOR-Who is the lead agency? SUPERVISOR STROUGH-The town. MR. SALVADOR-Spoke regarding the sewer capacity with this project. TOWN COUNSEL, HAFNER-Explained the process, the SEQRA review. COUNCILMAN IRISH-Asked if Town Counsel knew what the liability would be for the town in case of a storm event, as a user with the City of Glens Falls? TOWN COUNSEL, HAFNER-We have a contract that says how much we pay based on the amount of effluent that goes down to them. Anything further than that I would have to look at this contract and get back to you at a later time. COUNCILMAN IRISH-Asked Counsel to look into this. MR. WHITEHEAD-Hopes at the point when they have the public hearing on the zoning changes that the public would have the information prior to the date to answer some of these questions and that the board did all the studies regarding this. SUPERVISOR STROUGH-Queensbury Partners did a Map, Plan and Report for their extension. COUNCILMAN VANNESS-Spoke regarding Resolution Authorizing Engagement of Cheap Pete's Lawn Care to Mow Certain Abandoned or Neglected Properties in the Town of Queensbury. I would like to get to the bottom of this where the banks hold title to or have foreclosed, feels that the banks are responsible for these homes, the maintenance of them. Think at some point in time if we have the ability and the capabilities of putting the Bank's CEO in a seat in front of Queensbury Court Magistrates to tell them to clean it up. TOWN COUNSEL, HAFNER-Will get a memo to the board regarding this. These properties will be taken care of, it will be against their taxes. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD EFFECTIVE FROM JULY 1sT,2014—JUNE 30TH,2015 RESOLUTION NO. 173,2014 INTRODUCED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 16 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated renewal contracts for July 1St, 2014 through June 30t1i 2015 with Empire Blue Cross Blue Shield, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for July 1St, 2014 through June 30t1i 2015 with Empire Blue Cross Blue Shield with the monthly premiums to be as follows: INDIVIDUAL TWO FAMILY PERSON PPO 760.01 2216.50 2220.17 EPO 700.65 2043.07 2046.74 and BE IT FURTHER RESOLVED that the share of costs for Town employees and retirees will be increased by .5% for all available plans, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute future renewal contracts with Empire Blue Cross Blue Shield without the need for additional Town Board Resolution provided that such contracts do not provide for any changes to the percentage of employee contributions toward monthly premiums and/or copays, and BE IT FURTHER RESOLVED, that in the event that surcharges or fees are mandated or imposed on the Town's health insurance policies that are beyond the Town's control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 17 RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSBURY RESOLUTION NO.: 174,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has reported to the Queensbury Town Board that the following eight (8) properties in the Town of Queensbury are in a state of serious neglect: 1. 260 Aviation Road 2. 210 Sunnyside Road 3. 368 Dixon Road 4. 75 Dixon Road 5. 13 Carlton Drive 6. 12 Jerome Avenue 7. 121 West Mountain Road 8. 43 Warren Lane; and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has attempted to contact each of the owners of record by certified letter and/or posting of the properties, and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes for the monthly mowing of these eight (8) properties for a period of five (5) months, and REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 18 WHEREAS, by quote dated April 28t1i, 2014, Cheap Pete's Lawn Care submitted the lowest quote for such work in the amount of$725 per month for all parcels for a period of five (5) months, for a total amount not to exceed $3,625 and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care for the amount of$725 per month for the eight (8)properties described in the preambles of this Resolution for a period of five (5) months for a total amount not to exceed $3,625, to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town outlining the dates on which the properties were mowed, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $3,625 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Tax Receiver of the total expenses of such cutting, trimming, removal or spraying of each property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 19 Duly adopted this 19th day of May, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES Mr. Irish ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 175,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 3rd through June 7u', 2014 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non- motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is essentially identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 3rd through June 7th, 2014 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 20 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff s Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 19th day of May, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING WAIVER OF PURCHASING POLICY REQUIREMENT FOR PAVER AT TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 176,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that it wishes to purchase two (2) Caterpillar extensions for a paver at the Highway Department, and WHEREAS, Caterpillar is the only company and therefore the single source vendor which makes such extensions and Milton Cat, a/k/a Southworth Milton, is the Town's active vendor for Caterpillar, and WHEREAS, such extensions cost $2,564.39 each for a total cost of$5,128.78, and WHEREAS, as Caterpillar is the only company and therefore the single source vendor which makes such extensions, the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, self-imposed bidding requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 21 two (2)written quotes and authorizes the Highway Superintendent's purchase of two (2) Caterpillar paver extensions from Milton Cat, a/k/a Southworth Milton, for a total cost of$5,128.78, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT:None RESOLUTION AUTHORIZING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND INTEGRYS ENERGY SERVICES OF NEW YORK, INC.,FOR POWER SALE RESOLUTION NO.: 177,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 227.2013, the Queensbury Town Board authorized an Amendment to Power Sale Agreement between the Town of Queensbury and Integrys Energy Services of New York through the MEGA Program in an effort to reduce energy costs, and WHEREAS, the Town wishes renew such Agreement with Integrys Energy Services of New York, Inc., for a 30 month period to continue its effort to reduce energy costs, and WHEREAS, proposed Confirmation Agreements have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Confirmation Agreements between the Town of Queensbury and Integrys Energy Services of New York, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreements, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Town Civil Engineer/Wastewater Director to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2014, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 22 NOES : None ABSENT : None RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEE KAITLIN O'SHAUGHNESSY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.:178,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested Town Board authorization to hire Kaitlin O'Shaughnessy to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Kaitlin O'Shaughnessy is the daughter of Parks and Recreation Assistant Director Lori O'Shaughnessy, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Kaitlin O'Shaughnessy to work for the Town's Department of Parks and Recreation on a part-time, seasonal basis effective on or about May 12th, 2014, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired,and drug and/or alcohol screening,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 191h day of May,2014,by the following vote: AYES : Mr.VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 179,2014 INTRODUCED BY: Mr.Brian Clements WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 23 SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board authorization to hire a part time, Temporary Laborer to work for the summer for the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements,and WHEREAS,funds for such positions have been budgeted for in the 2014 Town Budget,and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Robert Metivier is the brother of Town Councilman Anthonv Metivier, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Robert Metivier as a part time, Temporary Laborer to work for the summer in the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, commencing on or about May 1St,2014 and ending on or about October 31St,2014 at a rate of$13.00 per hour to be paid from the appropriate pa`Toll account,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May,2014,by the following vote: AYES: Mr. Strough,Mr. Clements,Mr. Irish,Mr. VanNess NOES: None ABSENT: None ABSTAIN: Mr. Metivier RESOLUTION AUTHORIZING PROMOTION OF MARK BENWARE FROM MOTOR EQUIPMENT OPERATOR TO HEAVY EQUIPMENT OPERATOR IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 180,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Heavy Equipment Operator(HEO)position in the Town Highway Department,and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position,and REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 24 WHEREAS, the Highwav Superintendent has recommended that the Town Board authorize the promotion of Mark Benware from Motor Equipment Operator (MEO)to Heavv Equipment Operator as Mr. Benware has met the qualifications and has the required job experience for the position,and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby authorizes and directs the promotion of Mark Benware from Motor Equipment Operator to Heavy Equipment Operator effective on or about Ma`- 20th, 2014 at the rate of pay specified in the Town's CSEA Union Agreement for the HEO position for the gear 2014, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May,2014 by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 181,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2014 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1430-4446 Safety Training 6,000 REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 25 001-1990-4400 Contingency 001-1930-4400 Judgements&Claims 50 001-1990-4400 Contingency 001-1410-4\090 Training 1,000 030-0000-0909 Unappr. Fund Bal. 030-8120-4400 Misc. Contractual 500 037-0000-0909 Unappr. Fund Bal. 037-8120-4400 Misc. Contractual 5,000 Duly adopted 19th day of May,2014,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT : None RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS BREWING CO., LLC RESOLUTION NO.: 182,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS,by Resolution No.: 284, 2013 the Queensbury Town Board authorized submission of a grant application to the New York State Office of Community Renewal(NYS OCR),and WHEREAS,the grant application was submitted and the Town was awarded a Community Development Block Grant (CDBG) in the amount of$60,000 from the New York State Office of Community Renewal, such funds to be used for economic development, and WHEREAS, by Resolution No.: 9 ,2014 the Town Board authorized approval of the Grant Agreement between the Town and the New York State Housing Trust Fund Corporation represented by NYS OCR and set appropriations and estimated revenues in the amount of$60,000 in CDBG Grant Fund#016 for program funds received by the Town,and WHEREAS, the Grant Agreement has been fully executed between the Town and the New York State Housing Trust Fund Corporation,and WHEREAS,the purpose of the award of such grant funds to the Town was to facilitate a subsequent grant award from the Town to the Glens Falls Brewing Co., LLC to assist in the purchase of machinery and equipment needed by the company as part of the development of a craft brewery in the Town, and WHEREAS, a proposed Grant Agreement between the Town and the Glens Falls Brewing Co., LLC setting forth the terms and conditions of the grant award is presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 26 RESOLVED, that the Queensbury Town Board hereby authorizes the Grant Agreement between the Town of Queensbury and the Glens Falls Brewing Co., LLC delineated in the preambles of this Resolution substantially in the form presented at this meeting, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement in the form presented or in a form substantially similar which is acceptable to the Town Supervisor, Town Senior Planner and/or Town Counsel, and BE IT FURTHER- RESOLVED,that the Town Board further authorizes the Town Supervisor, Senior Planner, Town Counsel and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May, 2014 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 2014 TO AMEND QUEENSBURY TOWN CODE AND THE TOWN ZONING MAP RESOLUTION NO.: 183,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 2014 to delete Queensbury Town Code Chapter 105 and amend Chapter 179, entitled "Zoning," to amend language and requirements in various locations and to make revisions to the Town Zoning Map,and WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a public hearing in accordance with the provisions of Town Law §265,the Municipal Home Rule Law and the Town of Queensbury Zoning Law,and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation,and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed Zoning Law amendments prior to adoption,and WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations,and REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 27 WHEREAS,the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board formally authorizes and directs the Town Clerk or Director of Planning/Zoning to forward copies of the proposed Zoning Law Amendments, proposed revised Zoning Map and supporting SEQRA documentation to the Adirondack Park Agency for its review and approval pursuant to Article 27 of the Executive Law, §807,and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director of Planning/Zoning to forward copies of the proposed Zoning Law Amendments,proposed revised Zoning Map and supporting SEQRA documentation to the Warren Count` Planning Department for its review and recommendation,and BE IT FURTHER- RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency for SEQRA review of the proposed Zoning Law amendments and directs the Town Clerk or Director of Planning/Zoning to send a certified cop` of this Resolution to the Adirondack Park Agency, as the only other Involved Agency,together with a letter seeking its consent to the Town Board acting as Lead Agency,and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbun� Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, June 16th, 2014 to hear all interested persons concerning proposed Local Law No.: of 2014 which provides for certain amendments of the Town of Queensbun's Zoning Law and Zoning Map,and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing,and BE IT FURTHER RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law Section 265 and any other applicable State Laws or Town Code provisions,and BE IT FURTHER RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take such other actions and give such other notice as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2014. Duly adopted this 19th day of May,2014,by the following vote: REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 28 AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF MAY 20TH, 2014 RESOLUTION NO.: 184,2014 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May lath,2014 and a payment date of May 20th 2014, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of May lath,2014 and a payment date of May 20th,2014 totaling$708,244.08,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May,2014,by the following vote: AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF GARDEN TIME'S PROPOSAL FOR PROVISION OF LANDSCAPE BEDS AT CORNER OF BAY AND QUAKER ROAD RESOLUTION NO.: 185,2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the Queensbury Town Board wishes to authorize the Landscape Proposal of Garden Time for the provision of landscape beds at the Town property located at the corner of Bay and Quaker Roads in the amount of$2,5 50 as set forth in Garden Time's Proposal presented at this meeting,and REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 29 WHEREAS, Garden Time is the Town's preferred vendor for this work as Garden Time previously provided similar services in such location in 2013 and therefore the Town Board wishes to waive the Town Purchasing Policy's two (2)quotes, self-imposed bidding requirement in this instance,and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW,THEREFORE, BE IT RESOLVED,that for the reason outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes and authorizes engagement of Garden Time to provide landscape beds at the corner of Bay and Quaker Roads for a cost of$2,550 to be paid for from the appropriate account as will be determined by the Town Budget Officer,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2014 Town Budget by decreasing Contingency Account No.: 001-1990-4400 by $2,550 and increasing Buildings and Grounds Misc. Contractual Account No.: 001-1620-4400 by such amount, and/or take any other actions as may be necessary to provide for payment,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of May,2014,by the following vote: AYES Mr. Metivier,Mr. Irish,Mr. VanNess,Mr. Strough NOES : Mr. Clements ABSENT: None 4.0 CORRESPONDENCE-NONE 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV) • The Hudson Valley Volunteer Fireman's Convention in West Glens Falls is going along well. The Parade route will be going straight down Luzerne Road down to Station II. Luzerne Road will be blocked as it was last year, the state streets will be opened, people should not have a problem getting out heading to Corinth Road. The event will start June 181h, 191' and June 201' is the Mardi Gras, June 21" is the Dress Parade, it looks like it is going to be anywhere from four (4)to five (5) hours long. COUNCILMAN IRISH (WARD III) • Thanked the public tonight, it was nice to see a fairly good crowd participating during the open mic session. It helps us to hear your comments; it helps us to decide where we want to go next. • Recognized Supervisor Seeber for attending tonight's meeting, it nice to see the County Supervisors attending. Spoke with Ms. Seeber last week regarding doing something REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 30 between the Town Board and the County Supervisor Board once a month, to get together to talk about issues between the Town and County, would like to move this forward. COUNCILMAN CLEMENTS (WARD II) • Reminded people to get out and vote tomorrow for the School Budget. • Read letter from the Adirondack Chapter 79, The Vietnam Veterans of American will hold its annual Remembrance Service on Memorial Day, Friday May 30t1i 2014 at the Adirondack Vietnam Veterans Memorial on the Campus of SUNY Adirondack at 7:00 p.m., everyone is cordially invited. COUNCILMAN METIVIER(WARD I) • Received calls from residents regarding the conditions of the roads and the street sweeping, everything is about two weeks behind including sweeping of the roads. • Attended Career Day at the William H. Barton School, Queensbury, would like the board to get together to do assemblies with the kids at the school to keep them involved. • Spoke regarding the email he received from Supervisor Mark Westcott regarding the Town of Queensbury reval. It states that the reval will significantly impact your taxes, noting that is not necessarily the case. The reval is meant to put properties in line more uniformly than they are right now. SUPERVISOR STROUGH • Thanked the Glens Falls Fire Department for doing a great job putting out the fire at Sherman Square in Glens Falls. Also thanked West Glens Falls, Bay Ridge, South Queensbury and Queensbury Central Fire Departments. • Glens Falls-Queensbury Memorial Day Parade, May 26t1i 2014 at 10:00 a.m. The theme Never Forget and Ever Honor. Grand Marshals—August Balton and Robert Nichols. Key-Note Speaker—Assemblyman Dan Stec, Boys State Representative to read Lincoln's Gettysburg Address—Aiden Switzer, Queensbury High School. Glens Falls High School Student Essay Winner— Gerald Casertino Cooperating Teacher Donna Bates. Queensbury High School Student Essay Winner—Aubrey Baldauf Cooperating Teacher, Mary Tully. Essay contest winners area awarded $100.00 (courtesy of Glens Falls VFW and Queensbury American Legion. Poster Contest —Queensbury First place —Meghan Young, Second place, Katlynn Lefebvre Cooperating Teacher, Betsy Krebs Glens Falls Poster Contest —First Place - Amanda Derrick, Second Place- Kirsa Dribnicki Cooperating Teacher, Robin Brewer (First place winners are awarded $50.00 and second place winners are awarded $25.00 courtesy of Glens Falls VFW and Queensbury American Legion) Thanked everyone involved with the Memorial Day Parade. • Spoke regarding his nomination of John Webster, former Town of Queensbury Supervisor who will be inducted to the New York State Senate Veterans Hall of Fame on May 20t1i 2014 in Albany, New York. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 186, 2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING MTG#21 05-19-2014 31 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 19th day of May, 2014 by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None AB SENT:None RESPECTFULLY SUBMITTED CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY