Loading...
2005-10-17 MTG 47 Regular Town Board Meeting, 10-17-2005, Mtg #47 3 REGULAR TOWN BOARD MEETING Mtg #47 TH OCTOBER 17, 2005 BOH Res. #24-29 7:00 P.M. Res. #488-502 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Stuart Baker, Senior Planner Dave Hatin, Director of Building & Codes Bruce Ostrander, Water Superintendent Mike Genier, Superintendent of Pine View Cemetery Chis Hunsinger, Planning Board Chairman PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 488, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. th Duly adopted this 17 day of October, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None BOARD OF HEALTH PUBLIC HEARING – Outdoor Furnace/Boiler Application and Waiver Application of John Coon Concerning Property Located at 50 Woodchuck Hill Road Notice Shown 7:02 P.M. Regular Town Board Meeting, 10-17-2005, Mtg #47 4 SUPERVISOR STEC-I will open the public hearing and this is in fact the first public hearing we’ve had concerning our outdoor furnace application process which we set this public hearing a couple of weeks ago at a Town Board Meeting. At this point we would like to invite members of the public or in particular the applicant, Mr. Coon if he’s present tonight, I thought I saw him. If you’d like to address the Board first and answer any other questions that we may have and then we’ll take comment from the public. MR. JOHN COON, 50 Woodchuck Hill-I’m John Coon, I live at 50 Woodchuck Hill and if I can answer any questions, please let me have it. SUPERVISOR STEC-Is there any questions from the Board? We kind of talked a little bit about this the last time. Is there any questions from the Board or? COUNCILMAN BOOR-Not of the applicant but of the clerk. SUPERVISOR STEC-Okay, Dave, do you have anything you’d like to add or talk about? The issue here is, if I can recall was that we were having problems with some setback issues and you had notified your neighbors and your neighbors said that they were all fine with that. MR. COON-And also the town sent out letters to all the neighbors. SUPERVISOR STEC-Correct, yes we did. MR. COON-Okay. I do have one more question. SUPERVIOSR STEC-Yes, go ahead. MR. COON-When I did this application, there was two subjects that was concern, a spark arrester and the variance. Eighty percent of every wood boiler furnace out there does not have a spark arrester and they recommend not to have them because it makes the boiler smoke eighty percent more. SUPERVISOR STEC-Right. MR. COON-This boiler that I wanted to put in, now, the demand is so great it’s going to take me three months to get it if I go this route and I’m not if I need this variance or not. But I believe the main one was for the width of the property and my neighbors do not have a problem with that. But an outdoor wood fireplace put out more sparks then a boiler. So, I just want to verify what’s on this waiver in case I have to go to a different boiler. SUPERVISOR STEC-Dave, can you answer that question? Are you prepared to talk about that? MR. DAVE HATIN, Director of Building & Codes-As far as? SUPERVISOR STEC-I’m pretty sure that the furnace law requires a spark arrester. COUNCILMAN TURNER-It does. MR. HATIN, Director of Building & Codes-Yes, the laws does. SUPERVISOR STEC-But we can, can we grant a waiver from that? COUNCILMAN BOOR-Well, that was one of the questions I wanted to ask about this site specific. MR. COON-I can answer that. That is entirely up to the Board of Health. Regular Town Board Meeting, 10-17-2005, Mtg #47 5 SUPERVISOR STEC-Okay, well we’re going to verify that but that’s probably true. We, just to verify with either Stuart or Caroline, whoever might know, I’m sure that we did but for some reason there’s an either or in here about whether or not the people within five hundred feet of the property were all notified, I think they were but DEPUTY TOWN CLERK BARBER-Yes and I do have two correspondences when you want me to read them. SUPERVISOR STEC-Okay. TOWN COUNSEL HAFNER-Do you want me to answer the question about the waiver? SUPERVISOR STEC-Yes. TOWN COUNSEL HAFNER-Our Town Local Law dealing with waivers says that if the Town Board finds extraordinary and unnecessary hardships that would result from strict compliance, you can vary the regulation so that substantial justice may be done and public interests secured. So, if you find that it’s an extraordinary and unnecessary hardship in that you’re still consistent with what the goal of the statute was, you could grant the variance relating to the spark arrester. COUNCILMAN BREWER-Why would you not want to put a spark arrester on it? You say it smokes more? MR. COON-Well … manufacturers, they will not guarantee their boilers because they are designed without them and what it does is another restriction in your stack and what it does it smokes internally, as I said it’s a restriction and the warrantee is limited and void. COUNCILMAN BREWER-It’s a restriction on the exhaust? SUPERVISOR STEC-The flow. MR. COON-On the exhaust. SUPERVISOR STEC-Yea, the exhaust flow. COUNCILMAN BOOR-John, the actual physical location that you’re going to put this, could you describe it. Is it treed, is it grass, is it MR. COON-Oh no, it’s going to be, excuse me, it’s just off a blacktop driveway and it’s going to be on a concrete pad. Its fifteen to eighteen foot away from the house and the code says twelve foot and David can verify that. COUNCILMAN BOOR-I’m not, actually, that does raise an interesting issue with the house but I was just more concerned with, is there a lot of trees, pine trees close to the stack? Things like that. MR. COON-I live in a rural area and it’s a lot of trees in the area. COUNCILMAN BOOR-I know. I mean, I’m just, I’m not trying to be, how close are they? I guess, that’s my point. MR. COON-The house is a lot closer then the trees. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-At this point I’ll open the public hearing, well it is open, if there’s any members of the public that would like to comment on this public hearing, I just ask that you raise your hand, I’ll identify and ask you to come to the microphone. Okay, Caroline do you want to read the correspondence please? Regular Town Board Meeting, 10-17-2005, Mtg #47 6 DEPUTY TOWN CLERK BARBER read the following into the record: Christopher & Kathryn Crandall 63 Woodchuck Hill Road Lake George, NY 12845 September 12, 2005 To Whom It May Concern, Let it be known that as adjacent neighbors, we have no objections to John and Cynthia Coon installing an outdoor wood-burning furnace at their Woodchuck Hill Road residence in the Town of Queensbury. Very truly yours, s/ Christopher G. Crandall Kathryn M. Crandall September 9, 2005 To Whom It May Concern: My wife Elise and I are owners of properties adjoining John and Cynthia Coon on Woodchuck Hill Road in the Town of Queensbury. Mr. Coon has spoken with us concerning his desire to install an outdoor wood burning device. We both support his efforts and feel that any problems that may arise could be resolved without Town of Queensbury intervention. Sincerely, s/ Edward P. Carr Jr. Elise P. Carr SUPERVISOR STEC-Okay and those are your neighbors that you mentioned. Any other members of the public that would like to comment on this public hearing? Okay, I think the only thing really left for us to discuss is what we want to do about the spark arrester and COUNCILMAN STROUGH-Well just for reference sake, its section 119-6 paragraph F, Spark Arresters. All outdoor furnaces shall be equipped with properly functioning spark arresters. COUNCILMAN BOOR-I think the caveat there would be properly functioning, if the spark arrester is properly functioning but it renders the stove not properly functioning. I think that’s where we make a judgment call and in the instance I rely on what the manufacturer’s recommendation is. COUNCILMAN TURNER-It’s the lesser of the two evils, yea. SUPERVISOR STEC-Which is with the spark arresters. COUNCILMAN TURNER-No. COUNCILMAN BOOR-Without. COUNCILMAN TURNER-Without. Regular Town Board Meeting, 10-17-2005, Mtg #47 7 SUPERVISOR STEC-Without, without, I’m sorry, without. Alright, is there any other comments from the public? I will close the public hearing. PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION APPROVING OUTDOOR FURNACE/BOILER APPLICATION OF JOHN COON CONCERNING PROPERTY LOCATED AT 50 WOODCHUCK HILL ROAD BOARD OF HEALTH RESOLUTION NO.: 24, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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, WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning Mr. Coon’s application on October 17, 2005, and WHEREAS, the Town Clerk’s Office has advised that it did notify neighbors located within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.the Town Board feels that the application would not be materially detrimental to the purposes and objectives of Town Code Chapter 119 “Outdoor Furnaces” 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 permit, including a variance for no spark arrestor in accordance with the manufacturer’s Regular Town Board Meeting, 10-17-2005, Mtg #47 8 specifications, is necessary for the reasonable use of the land and would not create a nuisance and would not be detrimental to the health, safety and general welfare of Town residents; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves John Coon’s application for a permit for an outdoor furnace from the Town Fire Marshal in accordance with Town Code Chapter 119 “Outdoor Furnaces” on property situated at 50 Woodchuck Hill Road in the Town of Queensbury bearing Tax Map No.: 252.-1-58, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Fire Marshal to issue such permit in accordance with the criteria set forth in Town Code Chapter 119 and to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION BEFORE VOTE: Town Board held discussion and Town Counsel reviewed the proposed resolution with recommended changes. (vote taken) CONTINUED PUBLIC HEARING – Sewer Variance Application of Mary Miller Notice Shown 7:15 P.M. SUPERVISOR STEC-Okay, this is a continuation of a Sewage Variance from a couple of weeks ago, actually on September 26th. We did send the applicant back to get some more information and work with Dave Hatin who was not available for questions that evening. So we are, we had left the public hearing open I believe and so it’s still open now and Mr. Miller, I understand that you’ve gotten some of the information that we has asked for, or hopefully all and I’ll let you address the Board with where we are and bring us back up to speed please. MR. S. PAUL MILLER-Well, at the last meeting, not the very last one, the one prior to that the Board was concerned about that the site plan drawing did not show all of the retaining walls and stairways down along side the house. So, I submitted a new drawing showing that and did in fact verify in the field with Dave Hatin that based on my drawings, the relief I’m seeking eighteen inches from property line and twelve inches from the building, are correct and true dimensions. In fact, we may have even a few more inches then that to spare. And I also got a letter from Queensbury Sewer Service saying that they can reach the tanks where they’re proposed to be put. And I think the only other question was about whether or not Regular Town Board Meeting, 10-17-2005, Mtg #47 9 New York State would approve those tanks and upon speaking with Dave Hatin, he said that he would handle that. SUPERVISOR STEC-Right. COUNCILMAN TIM BREWER-So, now the well is sixty-five instead of eighty-five, right. SUPERVISOR STEC-And Dave, could you come up here, I think we’re going to have some questions for you. Alright now if I, so Dave just, I think that one of the bigger questions that we had last time is the question as to there was a belief by some that there might be a well unmarked or unknown about it’s exact location or whereabouts within the hundred feet of this, can you MR. HATIN, Director of Building & Codes-Right, I researched the minutes back from 1989, that was brought up during the Cutting septic variance back in 1989 and I do remember going out and doing a test with Dick Cutting verifying a pipe that we, is still there, we did find that pipe the day I was out with Mr. Miller. We’ve had no proof that there’s any well on that property. Nobody has contacted me to show me where it is, or say what it consists of so. Mrs. Monahan is here tonight, maybe she can provide proof where it is but nobody’s presented that to me. SUPERVISOR STEC-You’re not aware of the existence of a well? MR. HATIN, Director of Building & Codes-No and there was no SUPERVISOR STEC-That was the main concern I think a lot of us had. MR. HATIN, Director of Building & Codes-Right, and there was no variance granted back in 1989 either from it, so. SUPERVISOR STEC-Okay. Alright, questions from Board Members right now before we open it back up to the public? COUNCILMAN BOOR-The tanks that you showed us the first time, what are the width of those tanks? MR. MILLER-Fifty-five inches. COUNCILMAN BOOR-Fifty-five inches. MR. MILLER-That’s what’s shown on the drawings, fifty-five by one sixteen I believe. COUNCILMAN BOOR-And the twelve inches from the foundation, that’s the house foundation? MR. MILLER-That is correct. COUNCILMAN BOOR-So, your house is actually about six feet from the property line then. MR. MILLER-What’s that? COUNCILMAN BOOR-Your house is about six feet from the property line, does that sound about right? MR. MILLER-No, it’s about ninety inches from the property line. COUNCILMAN BOOR-So, its seven feet six inches then. MR. MILLER-Well if you add up COUNCILMAN BOOR-Seven feet six inches if it’s ninety. Regular Town Board Meeting, 10-17-2005, Mtg #47 10 MR. MILLER-Twelve inches, fifty-five and eighteen inches, it’s eighty-four inches, that … about six inches to spare. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-Anything else? Alright, public hearing is open, if there’s any members of the public that would like to address this public hearing, we just ask that you raise your hand and I’ll call on you and we ask you to come to the microphone please. MRS. BETTY MONAHAN-I’m sorry Diane is not here to answer some of your questions, she was in town for a few days and is now out of town again and I tried to reach her and she’s not back in tonight. But I know that one of her first questions is, do you have documentation that this system has been approved by the Department of Health, not somebody saying so but do you have written documentation that it has been approved by the New York State Department of Health? COUNCILMAN BOOR-No. MRS. MONAHAN-Is Diane’s the only well that is with the limits set by the Department of Health, among the neighbors up there? COUNCILMAN BOOR-What’s that again? MRS. MONAHAN-Is Diane’s well the only well within the limits set by the Department of Health for the distance between wells and septic? COUNCILMAN BOOR-No. MRS. MONAHAN-Of the neighbors up there? COUNCILMAN BOOR-No. MRS. MONAHAN-Have those neighbors signed off? COUNCILMAN BOOR-I don’t know. Did Dave Pine sign off? I mean, I guess we’ll ask the applicant when he comes back up. COUNCILAMN BREWER-Bob is that, SUPERVISOR STEC-And sign off, I’m not COUNCILMAN BREWER-They don’t have to sign off, do they? SUPERVISOR STEC-I was going to say, sign off is a misnomer. COUNCLMAN BOOR-Yea, I know. COUNCILMAN BOOR-Well, I can only say that when we were on the Board to protect the town from suits, we always had a written statement from the other people that would be involved that they did not have a concern. COUNCILMAN BREWER-Certainly those people are notified, right. MRS. MONAHAN-Yes that may be but you’re never sure that the mail has reached them and we always, part of the folder always had, a form that the town prepared that was a sign off form and again, I’m thinking of the Town’s liability suits. How many Board Members have visited the site there? SUPERVISOR STEC-About a month ago. COUNCILMAN BOOR-I have. Regular Town Board Meeting, 10-17-2005, Mtg #47 11 MRS. MONAHAN-Well, if you looked at the site and I talked, I asked Diane Tuesday when I saw her, have the surveyors been back up there to finish the work on the side that you asked them to. She did go over and check it and said no, they have not been back up, even though they assured her at the time of the prior public hearing that they would be there within a few days but they have not. But if you look down on the lakeside, you will see the survey stake that the surveyor’s put in who are VanDusen and Steves is in on where the Millers have put a seawall. I would say it’s in there about a foot to sixteen inches. So, I’m not sure whether or not these figures are accurate about how far it’s going to be from the lot line. COUNCILMAN BOOR-Betty, the only thing I can say to that is, if we grant this variance, we’re granting them eighteen inches from their property line and if subsequently it turns out that it’s on someone else’s property, that’s their issue. COUNCILMAN STROUGH-Could we require an as-built, after installation? Have the surveyor double check it, like you would with a house. TOWN COUNSEL HAFNER-You could require an as-built, I mean, you’re granting the variance. You don’t have to grant the variance. You can grant it on reasonable grounds. MRS. MONAHAN-It’s very tight in there. Some of it, by eyesight I would say, some of the wood is probably on Diane’s land but I’m, I’m not going to say that’s a positive fact but you know, it’s pretty hard to eyesight from something, the other side of the right-of-way down to the lakeside. COUNCILMAN STROUGH-Well, we could ask for a surveyed as-built that will show the location of the tanks, the distance from the property lines and the established property lines. MRS. MONAHAN-And those are really the only comments and questions that I have on this system. SUPERVISOR STEC-Alright, thank you. Is there anyone else from the public that would like to comment or ask any questions regarding this public hearing? Okay, the applicants can come back up, thank you and I’m not sure if the Board has any other questions. COUNCILMAN BOOR-I’ll just, a couple of comments. There are some questions I would like to get resolved but I would also say that holding tanks are certainly better then whatever it is you have and I have no idea what you have. So, we essentially are containing any kind of effluent which is to the benefit of any neighbor. The only issue I think at hand here is, is making sure that this in fact is placed solely on your property and as described and I think really that’s all we can ask. That’s my opinion on this as far as what we’re allowed to do, I would like to see that these things are approved methods; I tend to believe they are but we don’t have any verification. MR. MILLER-Yea, but I think that can be handled during the application process. You’re only approving the variance to do it. COUNCILMAN BOOR-Well, we’re the Board of Health, we’re the ones that SUPERVISOR STEC-Right, I think that’s what we’re about to require that as part of your approval. COUNCILMAN BOOR-That’s what I’m trying to tell you is what we’re going to ask for. MR. MILLER-Oh, that’s fine. I can’t believe they can sell them in New York State if you couldn’t use them in New York State. COUNCILMAN BOOR-Oh, yea. COUNCILMAN BREWER-Well, they sell a lot of things in New York State that can’t be used in New York State. Regular Town Board Meeting, 10-17-2005, Mtg #47 12 COUNCILMAN BOOR-You can sell a lot of stuff in New York State. SUPERVISOR STEC-Dave, can you enlighten us on that? MR. HATIN, Director of Building & Codes-I think I can clear up a lot of the issues. SUPERVISOR STEC-I mean, this is the first time that I’ve seen us focus a whole lot about whether a particular tank design was approved in New York State or not. MR. HATIN, Director of Building & Codes-If you look in the DOH Regs, they do approve poly tanks for septic tanks. I talked to the Department of Health, Mike Shaw, Department of Health, not our Mike Shaw, they do not have any specifics regarding the tanks, they go by the manufacturers recommendations on the tanks, according to Mike is what was told to me. In the book that John has it is in there where they do approve them for septic tanks but the DOH Regs do not speak to holding tanks. COUNCILMAN BOOR-So, what is your, what are you saying? MR. HATIN, Director of Building & Codes-I’m saying basically these are, the manufacturers are making representations that these are approved for holding tanks, specifically for holding tanks and that was included your packet, the original packet. So, there is no approval agencies for these tanks. COUNCILMAN BOOR-So they are approved by the State? MR. HATIN, Director of Building & Codes-I would say, it’s a gray area because the ordinance itself speaks directly to septic tanks, septic tanks basically are holding tanks. SUPERVISOR STEC-And these holding tanks that are proposed, talking about, I mean the only other discussion that I can recall from specific designs of holding tanks that we’ve had, is about the alarming and shutoff features, these tanks have those? MR. HATIN, Director of Building & Codes-And that is specific to our ordinance where you need SUPERVISOR STEC-So this tank will have an alarm feature, shutoff feature? MR. HATIN, Director of Building & Codes-Definitely, yes. COUNCILMAN BOOR-The other thing, Dave, just so I know, you’re referring to this as, the applicant at the last meeting referred to this as a PVC tank, isn’t it a polypropylene? It’s not polyvinyl because that’s pretty brittle. MR.HATIN, Director of Building & Codes-It’s a heavy dense poly. COUNCILMAN BOOR-That has give to it. MR. HATIN, Director of Building & Codes-Right, but this has reinforcement built into it so it can be used as a holding tank. COUNCILMAN BOOR-Okay, I just was concerned when he said it was a PVC tank because they’re brittle and they’re not MR. HATIN, Director of Building & Codes-No, poly is the term we use. COUNCILMAN BOOR-Okay, polypropylene. COUNCILMAN BREWER-It doesn’t even say what it’s made out of here. SUPERVISOR STEC-So, I’m hearing us heading towards an approval with language having to do with an as-built, requiring an as-built. Regular Town Board Meeting, 10-17-2005, Mtg #47 13 MR. HATIN, Director of Building & Codes-Dan, can I speak to that before you SUPERVISOR STEC-Yea. MR. HATIN, Director of Building & Codes-I did verify with VanDusen and Steves, they were out and did survey the property. In your packet you should have pictures showing those survey stakes and that survey line. That was done by VanDusen and Steves, I did verify that with Matt Steves so that has been done. The measurements you have are accurate on your map, I verified those personally myself and the stakes were in the ground that VanDusen and Steves uncovered. So, you do have an accurate representation as to where the property lines are by picture and also by map. SUPERVISOR STEC-Okay. Is there any other comment from the public? Mrs. Monahan. MR. HATIN, Director of Building & Codes-I had one other comment too, Dan when your done. MRS. MONAHAN-I just have one further question. According to the manufacturer, what is the guaranteed life of these tanks? SUPERVISOR STEC-Do you know, the life? MR. MILLER-I didn’t even understand the question. SUPERVISOR STEC-What’s the guarantee, what’s the lifetime on the tank? Is it a ten year guarantee, a fifty year guarantee? MR. MILLER-I don’t know exact … polypropylene, I can’t imagine how long it will last. SUPERVISOR STEC-Right. MR. MILLER-… SUPERVISOR STEC-Dave, would you like to, what did you want to add? MR. HATIN, Director of Building & Codes-I can speak to that specific question, I don’t know of any manufacturer that guarantees them for life, let me put it that way. So, but that we can check with the manufacturer and provide that information to you. I don’t think that’s a real issue. SUPERVISOR STEC-What was the other point that you wanted to make? MR. HATIN, Director of Building & Codes-The other point is, there are no signoffs from neighbors in your packets because all the neighbor’s wells are the required fifty feet from the holding tanks. COUNCILMAN BOOR-One fifty, did you say? MR. HATIN, Director of Building & Codes-Fifty. COUNCILMAN BOOR-Oh, okay. MR. HATIN, Director of Building & Codes-So there is no requirement for them to have a signoff. SUPERVISOR STEC-I’m not sure I’m comfortable with perpetuating the use of that term, signoffs. MR. HATIN, Director of Building & Codes-That’s exactly what it is, there is a waiver form in the variance package that neighbors do sign if we’re required to get a variance from anything to do with the neighbors but in this particular case, there is nothing. Regular Town Board Meeting, 10-17-2005, Mtg #47 14 SUPERVISOR STEC-Sure. However, I mean I think its, I mean it might be excellent policy but it certainly isn’t required that if, I mean the Board of Health is the Board that has the say as to whether or not the, a variance is granted with or without a signoff. MR. HATIN, Director of Building & Codes-Well I don’t know if I understand what you’re saying because there is no required signoff from the neighbors here because there is no variance from the neighbor’s wells. COUNCILMAN BOOR-That’s the point he’s making. SUPERVISOR STEC-Right. COUNCILMAN BOOR-Otherwise there would be. MR. HATIN, Director of Building & Codes-Yea, otherwise there would be, right. COUNCILMAN BOOR-It would be required. And you will assure that we maintain, because you’re at the, obviously the minimum with the fifty feet... MR. HATIN, Director of Building & Codes-Right, when the tanks are installed we’ll go out and physically measure them. SUPERVISOR STEC-Okay. Alright well, I’ll close the public hearing. PUBLIC HEARING CLOSED 7:30 P.M. COUNCILMAN STROUGH-Okay, while Dave’s there, I read this Residential Wastewater Treatment Systems Design Guide Handbook by New York State, I could not find any setbacks for holding tanks or anything much related to holding tanks other then what you MR. HATIN, Director of Building & Codes-If you look in that ordinance, that ordinance doesn’t even speak to holding tanks, John other then to say that they’re not allowed for year round use. COUNCILMAN STROUGH-Right. COUNCILMAN BOOR-So where, just as a curiosity where did the fifty come up from? MR. HATIN, Director of Building & Codes-They’re treated as septic tanks, holding tanks and septic tanks are treated the same other the DOH Regs because they’re both solid tanks. COUNCILMAN STROUGH-Because I could find it. MR. HATIN, Director of Building & Codes-Yea, you won’t. COUNCILMAN STROUGH-I found a lot of other interesting stuff but MR. HATIN, Director of Building & Codes-You won’t. COUNCILMAN STROUGH-Yea. MR. HATIN, Director of Building & Codes-It’s treated the same as a septic tank. SUPERVISOR STEC-Okay, is there a motion. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR MARY MILLER Regular Town Board Meeting, 10-17-2005, Mtg #47 15 BOARD OF HEALTH RESOLUTION NO.: 25, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Mary Miller has filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a holding tank and two other variances to place such holding tank 1) 18” from the property line in lieu of the required 10’ setback; and 2) 12” from the dwelling foundation in lieu of the required 10’ setback on property located at 15 Snug Harbor Lane in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted public hearings thth concerning the variance requests on September 26 and October 17, 2005, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 3.due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Mary Miller for variances from the Sewage Disposal Ordinance to allow a holding tank and to place such holding tank 1) 18” from the property line in lieu of the required 10’ setback; and 2) 12” from the dwelling foundation in lieu of the required 10’ setback on property Regular Town Board Meeting, 10-17-2005, Mtg #47 16 located at 15 Snug Harbor Lane in the Town of Queensbury and bearing Tax Map No.: 290.05-1-28. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES OGDEN BOARD OF HEALTH RESOLUTION NO.: 26, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, James Ogden has applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system: 1.1.28’ from the north property line instead of the required 10’ setback; and 2.1.10’ from the south property line instead of the required 10’ setback; on property located at 11 Fitzgerald 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, November 7, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James Ogden’s sewage disposal variance application concerning property located at 11 Fitzgerald Road in the Town of Queensbury (Tax Map No.: 289.18-1-14) and at that time all interested persons will be heard, and BE IT FURTHER, Regular Town Board Meeting, 10-17-2005, Mtg #47 17 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 send a copy of the Notice to neighbors located within 500 feet of Mr. Ogden’s property as required by law. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOSEPH PARISI BOARD OF HEALTH RESOLUTION NO.: 27, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Joseph Parisi has applied to the Local Board of Health for variances from Chapter 136 to install a septic system: 3.1’ from the property line(s) instead of the required 10’ setback; and 4.89.7’ from his well instead of the required 100’ setback; on property located at 32 North Lane, Assembly Point 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, November 7, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joseph Parisi’s sewage disposal variance application concerning property located at 32 North Lane, Assembly Point in the Town of Queensbury (Tax Map No.: 226.19-1-58) and at that time all interested persons will be heard, and Regular Town Board Meeting, 10-17-2005, Mtg #47 18 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 send a copy of the Notice to neighbors located within 500 feet of Mr. Parisi’s property as required by law. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD AND CYNTHIA SMITH BOARD OF HEALTH RESOLUTION NO.: 28, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Richard and Cynthia Smith have applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system: 5.1’ from the west and south property lines instead of the required 10’ setback; and 6.8.75’ from the basement instead of the required 20’ setback; on property located at 112 Rockhurst 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, November 7, 2005 at 7:00 p.m. at the Queensbury Activities Center, Regular Town Board Meeting, 10-17-2005, Mtg #47 19 742 Bay Road, Queensbury, to consider Richard and Cynthia Smith’s sewage disposal variance application concerning property located at 112 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.09-1-10) 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 send a copy of the Notice to neighbors located within 500 feet of Mr. and Mrs. Smith’s property as required by law. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION TO ADJOURN QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 29, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. th Duly adopted this 17 day of October, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING–Concerning Proposed Lafayette Street Drainage Capital Project Notice Shown 7:35 P.M. SUPERVISOR STEC-Okay, this is a public hearing that we set a couple of weeks ago and it was for work that the Highway Department did capital work along Lafayette Street in response to an emergency situation. It was deemed by the Highway Department that a great deal more repair work was required and it is a capital eligible project so we’re proposing to fund it from the capital reserve. The project fund is number 153 and any time we spend money from the capital reserves were required to hold a public hearing which we will Regular Town Board Meeting, 10-17-2005, Mtg #47 20 tonight. The cost of the project was twenty-one thousand dollars. So, with that I’ll open the public hearing, if there’s any members of the public that would like to ask any questions or comment on this public hearing, just raise your hand and I’ll call on you. Any Town Board Member discussion? COUNCILMAN BOOR-One quick question. SUPERVISOR STEC-Go ahead. COUNCILMAN BOOR-Jennifer, does the five thousand dollar threshold apply to CIP or just general fund? MS. JENNIFER SWITZER, Budget Officer-As far as? COUNCILMAN BOOR-As far as when we have to pass a resolution. If this was under five thousand dollars would we have to be going through this exercise? MS. SWITZER, Budget Officer-Anytime it’s out of CIP, you would still have to go through this. COUNCILMAN BOOR-Okay. SUPERVISOR STEC-Alright, any members of the public like to comment on this public hearing? Okay, I’ll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED 7:30 P.M. RESOLUTION AUTHORIZING ESTABLISHMENT OF LAFAYETTE STREET DRAINAGE – CAPITAL PROJECT FUND #153 RESOLUTION NO.: 489, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, and Regular Town Board Meeting, 10-17-2005, Mtg #47 21 WHEREAS, the Town Board scheduled and duly held a public hearing on th October 17, 2005 concerning establishment of the Lafayette Street Capital Project as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Replacement of the Lafayette Street Drainage Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Lafayette Street Drainage Capital Project Fund #153 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $21,000 to transfer to Lafayette Street Drainage Capital Project Fund #153, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 153-0153-5031 (Interfund Revenue) $21,000; and ? Expense Acct No. – 153-8540-2899 (Capital Construction) $21,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and Regular Town Board Meeting, 10-17-2005, Mtg #47 22 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure on Lafayette Street for an amount not to exceed $21,000 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or Town Budget Officer to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None PRESENTATION - Comprehensive Land Use Plan 7:36 P.M. MS. JACLYN HAKES, Project Manager from Saratoga Associates presented the Town Board with the Town of Queensbury Land Use Plan and Zoning and Subdivision Regulations Update. (handout is on file in the Town Clerk’s Office and posted on Queensbury’s website) CORRESPONDENCE Deputy Town Clerk Barber noted that the 2006 Preliminary Budget has been received and filed in the Town Clerk’s Office) INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE PRIVILEGE OF THE FLOOR 8:00 P.M. MR. MICHAEL KAIDAS read the following letter into the record: Town Board Town of Queensbury Bay Road Queensbury, NY 12804 October 17, 2005 Good evening Gentlemen of the Board, Regular Town Board Meeting, 10-17-2005, Mtg #47 23 My name is Michael Kaidas. I own property in the town of Queensbury and I have been a resident of North Queensbury since 1979, residing at 113 Seeley Road. I appear here tonight as Chairman of the Village Incorporation Committee for the proposed Village of East Lake George. I wish to share with everyone the present status of the proposed Village of East Lake George, but first a few comments concerning the activities of our committee. In a reaction to the oppressive policies of the Towns of Fort Ann and Queensbury, residents united in an effort to incorporate a Village along the shores of East Lake George. The Village Incorporation Committee was formed in the summer of 2005 to facilitate this activity. The VIC elected officers are: Myself as Chairman Vice Chairman Paul Ryan and David Klein of Fort Ann Treasurer Nancy Englert of Queensbury Secretary Connie Langford of Queensbury The VIC membership currently consists of 40 residents from Queensbury and Fort Ann. The group is organized into subcommittees on a variety of topics such as Budget and Communications. As we have met regularly, we continue to hold regular sessions targeted at fine tuning our effort to Incorporate our proposed Village consisting of territory in the towns of Fort Ann and Queensbury and the counties of Washington and Warren. The Village Incorporation Committee (VIC) is seeking the formation of the Incorporated Village of East Lake George is continuing the effort to form a Village government. However the committee has decided for several reasons not to appeal the decision of the Town Supervisors of Fort Ann and Queensbury to deny the validity of the petition. We are going to use this opportunity to make some adjustments to our border to prevent unintended consequences to the North Queensbury Fire Department (NQFD). Apparently there are rules impacting Fire Departments located within the boundaries of a Village that might negatively effect the NQFD. The other option for the VIC would be to appeal the decision of the Supervisors with an article 78 proceeding in NY State Supreme Court. Since the Town would be granted an automatic stay of this court’s decision while it appealed the decision, the VIC decided that it would be more expedient and in the overall public interest to proceed with another petition. The committee is currently adjusting the borders of the proposed Village and will begin collecting signatures again before the end of the current year. The committee will be submitting a meets and bounds description of the boundaries along with a new map and other materials. Thank you for allowing me this time tonight. Sincerely, s/ Michael A. Kaidas (letter on file in the Town Clerk’s Office) Regular Town Board Meeting, 10-17-2005, Mtg #47 24 MR. GEORGE LANGFORD read the following letter into the record: Town Board Town of Queensbury Bay Road Queensbury, NY 12804 October 17, 2005 Gentlemen, I have some questions for you pertaining to Queensbury’s endorsement of Warren County Board of Supervisor’s proposition 439. Mr. Stec had made some representations both here and at the County level while seeking the endorsement of this proposition that do not seem to be accurate. I’m speaking in particular of references to the 2 counties Albany and Broome that do have a “hybrid” sales tax revenue sharing plan for municipalities in those counties. 1.Are you aware that all municipalities in Albany County were agreeable to the hybrid sales tax plan prior to asking for the enactment of legislation? 2.Are you aware that in the case of Albany County the legislation for sales tax sharing was changed to accommodate the erroneous way it had been done for many years prior to the legislation? 3.Are you aware that the legislation for Broome County was enacted because one of the affected Villages was actually receiving more money than it needed while another municipality was in dire straights? 4.Are you aware that all municipalities in Broome County were agreeable to the hybrid sales tax plan prior to asking for the enactment of legislation? Neither the Albany nor Broome County decisions were discriminatory towards any group of people and therefore would not be considered unconstitutional. I would ask you to rethink your position on this proposed legislation. Sincerely, s/ George Langford (letter on file in the Town Clerk’s Office) MS. DOTTIE MEADER, 9 Schoolhouse Road-Commend Councilman Brewer’s efforts on addressing the problem with people dumping at Salvation Army… It is a terrible eyesore, I was wondering if an option would be to install security cameras by the gate by the road and this way the license plates of the cars dumping would be on camera… SUPERVISOR STEC-It was mentioned once and I’m not sure that Salvation Army pursued it but I think it’s a great idea. COUNCILMAN BREWER-I think it would be up to us or the County to put some camera somewhere… that’s something we should talk to Larry (Warren County Sheriff) about… MS. MEADER-(submitted picture of intersection of June Drive and Schoolhouse Road taken this afternoon) Requested the Town to consider the placement of a Yield sign on June Drive where June Drive intersects with Schoolhouse Road. Noted that it’s a dangerous intersection, when cars from both ways are entering the intersection… Noted that there are signs for both roads but they are confusing to people outside of the neighborhood so perhaps the signs could be marked better… MR. PETER BROTHERS, Queensbury, Ward 1-Noted that he spoke with Bob Freeman today, the Executive Director for the Committee of Open Local Government with regard to Regular Town Board Meeting, 10-17-2005, Mtg #47 25 the documentation that I did submit to the Board regarding my request revaluation comparable sheets. He said that while maybe they are interagency materials, if the documentation is final which I believe the evaluation is final, then those documents must be made available… I would like the Board to reconsider releasing the revaluation documents, the comparable sheets now that this has been reconfirmed by Mr. Freeman. TOWN COUNSEL HAFNER-Is he doing a follow-up letter? Last week you gave us a letter that you said supported your statement and it said exactly the opposite of what you said. If he gives us a revised letter, I will suggest to the Town Board. SUPERVISOR STEC-We would need to see that because everything that we’ve seen from that office and our own attorney, have told us that they are clearly not subject to FOIL… I think it would be a good idea to invite our Assessor to next Monday’s Town Board workshop to discuss this issue… TOWN BOARD held discussion and agreed to conduct workshop with Assessor… MR. PLINEY TUCKER, 41 Division Road-Referred to previous discussions at a prior meeting regarding the use of monies, the rebates from the sales tax revenue and it was stated that the town was governed by some regulation. I would like to request a copy of that regulation…. Questioned whether there’s been a third quarter report on the sales tax? SUPERVISOR STEC-It’s been my experience; it is almost exactly one month after the close of the quarter. We should get that at the end of October. MR. TUCKER-Questioned the status of the NIMO property. SUPERVISOR STEC-Noted that we’re still chasing NIMO, we’re chasing NIMO on three or four different legal issues. MR. TUCKER-Questioned why the Queensbury Highway Department is on the school property doing paving? SUPERVISOR STEC-I’ll ask the Highway Superintendent. MR. TUCKER-Questioned Resolution 8.13, ‘Resolution Authorizing Installation of Street Light on Colby Lane’. SUPERVISOR STEC-That resolution has been pulled for now, we need more information. Bob, have we heard anything more regarding the NIMO property? TOWN COUNSEL HAFNER-We haven’t heard anything more since the last time I gave Pliney a report, we’re both waiting for the title report from Mike O’Connor, the Title Search Company. MR.DON SIPP, Courthouse Drive-Referred to the pedestrian bridge for the Great Escape, noted that it’s his understanding that it’s to be in place by May and questioned who’s paying for it. SUPERVISOR STEC-It’s not the Town of Queensbury and it’s not the County of Warren. They were trying to get a grant from the State and it’s my understanding, through the grapevine that that grant won’t happen. MR. SIPP-I’m glad to hear that because the taxpayers of Queensbury are already in for fifty- five thousand dollars and the County taxpayers and Town of Queensbury are in for over two hundred thousand. Are they asking for a Certificate of Occupancy for the hotel by December? SUPERVISOR STEC-I don’t know, I don’t know what their intentions might be. MR. SIPP-Was there a verbal agreement that they would not get a CO until the pedestrian bridge was done? Regular Town Board Meeting, 10-17-2005, Mtg #47 26 SUPERVISOR STEC-I don’t know. COUNCILMAN BREWER-That would have been between the Planning Board and the Great Escape, we don’t have anything to do with that. COUNCILMAN STROUGH-There was a recommendation by some members of the Planning Board that the pedestrian bridge be tied to the Certificate of Occupancy of the hotel but there wasn’t enough votes. MR. SIPP-If that bridge is not in place by May, can that light be moved? SUPERVISOR STEC-I don’t know, that’s a question for DOT, the planners, I don’t know. MR. SIPP-This bridge has not been passed by DOT. SUPERVISOR STEC-They’re still in the approval process with DOT. MR. SIPP-What happens come the first of May or the second week in May and the Great Escape opens and that pedestrian bridge is not in place and they’re using that road to access the hotel? COUNCILMAN BREWER-I think in my opinion, those are all issues that the Planning Board should have addressed at the site plan, it’s not under our purview. SUPERVISOR STEC-I’m sure that staff is working on that with the Planning Board. MR. SIPP-Has anybody informed this new manager that Queensbury Central Fire Company is purchasing a million dollar plus truck which is in part to be used to rescue people off of their rides, hotel and so forth that they might think about making a contribution to this purchase? COUNCILMAN BREWER-I think the chief of the fire company was here at one meeting and he did state that he thought he would send a letter to them, don’t know if they have or if they have not. COUNCILMAN BOOR-Dan, you were going to follow up with that. SUPERVISOR STEC-I can. MR. SIPP-Referred to Resolution 8.6, and questioned what road are they designating as Six Flags? SUPERVISOR STEC-The ring road, opposite Glen Lake Road. MR. JOHN SALVADOR-Referred to the disclosure issue, noted that he has foiled and been denied the Crandall library list of users for Town of Queensbury, Town of Moreau and City st of Glens Fall.. That number of registered library users as of December 31 is going to determine our participation in both the budget and the capital project. Question whether that list has been purged periodically and if the ratio is correct… As it pertains to the Capital Project, they’re going to go to the bond market and somebody has to certify that these bonds are legal and that there is assurance that the bond holder is protected. If for some reason, one of these three municipalities decides to reduce it’s participation in the library either through natural attrition, or a concerted effort to get out, what’s going to happen to the obligation of the others to backstop this debt? Referred to the Post Star article regarding the Glens Falls Hospital expansion, Crandall Library’s estimated costs for their expansion and noted that the numbers don’t equate…. MS. CONNIE LANGFORD, Assembly Point-Referred to Peter Brother’s comments regarding the foil request and read the following from Mr. Freeman’s letter: It was advised by the State Board that opinion data, a preliminary estimate of value made by an assessor or Regular Town Board Meeting, 10-17-2005, Mtg #47 27 revaluation contractor is not accessible until it is no longer preliminary. And gentlemen, the assessment is no longer preliminary. TOWN BOARD DISCUSSIONS 8:50 P.M. COUNCILMAN STROUGH-Noted that he’s received concern from the residents of Ward 3 regarding the early time for leaf pickup presently scheduled for the end of October and noted that he emailed the Highway Superintendent to consider rescheduling this… Noted that he has read the Individual Residential Wastewater Treatment Systems Design handbook, interesting was the number of times they mention the setbacks being minimum standards… Thank Saratoga Associates for the nice presentation Saturday morning regarding the Comprehensive Land Use Plan. In regards to the Comprehensive Land Use Plan, it states in town law that all town land use regulations must be in accordance with the Comprehensive Plan adopted pursuant to this section, which reminds me, we at one time were going to clarify Professional Office Zoning so that others could not read it and interpret th differently, maybe we ought to get back to that issue… As of September 30, we did forty- nine million one hundred and ninety-one thousand five hundred and ninety-nine dollars worth of business here in Queensbury, that’s value of construction. COUNCILMAN TURNER-Gave report on the sidewalks that are being redone… Fort Amherst Road is completed. The other side of town, Pershing Road and over in there they’re coming pretty good. COUNCILMAN BOOR-With regard to the workshop we had on Saturday, the updating on the Comprehensive Land Use Plan and you can’t state it emphatically enough that this is so important to this community. Often times we hear complaints about too much building, and this is the time, this is the opportunity you have to make a difference in the community in which you live. I hope that the average resident takes an interest in this because it will shape how our community develops and what it will look like as we move forward… I spoke with Bob Huntz, we’re going to be meeting on setting up the district around Lake Sunnyside with regards to water quality issues and I’m hoping that we can come to some resolution on that when we meet with him… Last week we did lose Bill Shaw who was with the Tech Department and although I got to know him when I first came on the Board, he had been sick for quite a while, he was absent for a considerable amount of time and he did pass away but he did a tremendous job for us here. To his family, my condolences, he was a really great guy. SUPERVISOR STEC-I’d like to add a little bit more about what you very eloquently said about Bill Shaw and his contributions to the Town. He was a seven year employee of the Town of Queensbury; young guy with a young family dedicated a lot of his talent to making the Town’s Tech Department really a first class operation. He had been sick for quite some time, certainly everyone at the Town mourns for him and our prayers go to his family as they move on with his passing… The Planning Ordinance Review Committee has selected Saratoga Associates; at previous meetings the Town Board provided funding for this work to update the Comprehensive Land Use Plan. It is the document from which all the other land use regulations in Queensbury flow from. So the Zoning Ordinance, the Subdivision Regulation, all the codes they are all governed by various documents that get their authority from the Comprehensive Land Use Plan which is a document in the State Hierarchy of, as far as how we do community planning in New York State. So it is an extremely important document. I think the 1998 plan is a very good one; we were one of the first communities in the area to have one, there are many communities around us that do not have one… But we do have one, it is a good one, it’s not perfect but it’s a good one because it did involve a great deal of public participation. So, we’re at the beginning of that process, they hope to finish and complete their work by the end of summer. I was very pleased with everything except the public turnout on Saturday. It’s one data point, it’s one Saturday and maybe it’s an awareness thing and as we go forward it will get better but certainly we’re going to want more then twenty-five people providing input into the Comprehensive Land Use Plan update… The Glens Falls Hospital expansion project which is critical to the entire area but in particular Warren County, Glens Falls and Queensbury, I’ve had several opportunities over the last week to be down there for various meetings and tours and I can tell you that it’s definitely an impressive facility. I had the privilege of hosting a delegation of French Regular Town Board Meeting, 10-17-2005, Mtg #47 28 Mayors here last weekend, four delegates and interpreters that came that had never been to this part of the country before and I took them around. The intent is to give them an idea of local government and local projects, it’s an exchange program that’s been around for a long time and I was given the opportunity to host one portion of their two week stay here. They did meet with Bill Thomas, the District Attorney and the Sheriff. They toured the new Sheriff’s Building and the improvements at the Great Escape. They had a tour of the Hyde, they were very impressive with the Hyde and getting back to the Glens Falls Hospital, I showed them where the big ticket items of public and private investment have been taking place in this part of Warren County, both governmental projects and other to give them an idea of who we are, what our economy and our government is about at the local level here in New York. They were very impressed with the area. So, I want to thank everyone that was involved in those couple of days but in particular the public should know that this group of foreign dignitaries was here to tour the area and they were very impressed by the things that they saw going on in Lake George, Queensbury and Glens Falls… Point out the Town’s website, www.queensbury.net, an awful lot of information available… I would like to thank TV-8 and Glens Falls National Bank for sponsoring the televising of our Regular Town Board Meetings. RESOLUTIONS 9:10 P.M. RESOLUTION AUTHORIZING QUEENSBURY LAND CONSERVANCY TO USE GRAVEL ON TOWN PROPERTY FOR CREATION OF UNIFIED TRAIL SYSTEM RESOLUTION NO.: 490, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution 381.2005, the Queensbury Town Board authorized an Agreement between the Town of Queensbury (Town), Queensbury Union Free School District (School) and Queensbury Land Conservancy (Conservancy) for the creation and maintenance of a unified trail system, and WHEREAS, in accordance with the terms of such Agreement, the Conservancy will be constructing a nature trail system on land owned by the Town and School which will include construction of a berm over existing wetlands consistent with New York State DEC and U.S. Army Corps of Engineers permits, and WHEREAS, in order to facilitate such Agreement, the Town wishes to allow the Conservancy to use gravel and fill from an existing pit located on the Town’s property (commonly known as the Animal Land property) to create the berm, and WHEREAS, the Town’s Zoning Administrator reports that the material may be used for this purpose, NOW, THEREFORE, BE IT Regular Town Board Meeting, 10-17-2005, Mtg #47 29 RESOLVED, that the Queensbury Town Board hereby approves, authorizes and grants the Queensbury Land Conservancy (Conservancy) permission to use gravel and fill from the existing pit located on the Town’s property to create berms and/or trails to advance the parties’ common interests consistent with the Trail Agreement referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Director of Parks and Recreation to notify the Conservancy by copy of this Resolution that this permission has been granted, and BE IT FURTHER, RESOLVED, that the Town Board further grants the Town’s Director of Parks and Recreation the authority to determine the amounts of fill and the manner in which the fill is removed from the pit consistent with this Resolution and the Trail Agreement. th Duly adopted this 17 day of October, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY JOSEPH ORLOW RESOLUTION NO.: 491, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a structure on property owned by Joseph Orlow located on Sunnyside North Road in the Town of Queensbury (Tax Map No.: 290.5-1-21) and found that the structure was recently damaged by a storm and is wide open, the roof is leaking causing further structural damage and the rotted part of the structure and roof have not been repaired or replaced and the building is generally in disrepair, unusable and unsafe, and Regular Town Board Meeting, 10-17-2005, Mtg #47 30 WHEREAS, the Director advised Mr. Orlow to take appropriate measures to secure the structure, remove the damaged/rotting portion and repair or replace the roof to prevent th further structural water damage as more specifically set forth in the Director’s July 11, 2005 letter presented at this meeting, WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to secure and/or remove the damaged portion of the structure and repair or replace the roof, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Joseph Orlow and located on Sunnyside North Road in the Town of Queensbury (Tax Map No.: 290.5-1-21) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous th and unsafe structure on Monday, November 7, 2005 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None Regular Town Board Meeting, 10-17-2005, Mtg #47 31 ABSENT: None RESOLUTION SETTING HEARING ON DAVID MENTER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING WAKITA COURT MOTEL PROPERTY LOCATED AT 1130 STATE ROUTE 9 RESOLUTION NO.: 492, 2005 INTRODUCED BY: Mr. Theodore Turner 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, David Menter has applied to the Town Board for a variance/waiver § one-year extension from 136-44 for a of the Town’s connection requirements to connect the Wakita Court Motel property to the Town of Queensbury’s Route 9 Sewer District, as the existing 12-unit motel building has an independent, properly functioning septic system th which will not be used after October 9, 2005 and will therefore be virtually unused th between October 9, 2005 and the time when both the new and existing motel buildings will be tied into the Town’s Route 9 Sewer District before the 2006 season, as more fully set th forth in Mr. Menter’s October 4, 2005 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on November th 7, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Menter’s sewer connection variance/waiver application concerning the 1130 State Route 9 Wakita Court Motel property located at , Queensbury (Tax Map No.: 295.8-1-9), 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. Menter as required by law. Regular Town Board Meeting, 10-17-2005, Mtg #47 32 th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR ENGINEERING AND SURVEY SERVICES IN CONNECTION WITH MEADOWBROOK ROAD AREA WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 493, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town’s Water Superintendent has requested a proposal for engineering services concerning the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), and WHEREAS, the Water Superintendent has recommended that the Town Board authorize engagement of C.T. Male Associates, P.C., for engineering and survey services related to such Project for a fee not to exceed $57,260 as delineated in C.T. Male’s Proposal th dated September 8, 2005 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), for an amount not to exceed th $57,260 as delineated in C.T. Male’s Proposal dated September 8, 2005 presented at this meeting and as follows: A. Phase I Services – Survey, Design and Bidding - $28,600 (Lump Sum) B. Phase II - Construction Administration - $ 8,900 (Lump Sum) C. Construction Observation: 1. Labor: 3,000 LF/85’/day = 35 days: Say 7 weeks estimated @ 8.5 hrs/day= 297.5 hrs @ $60/hr - $17,850 2. Mileage: 35 days x 50 mi/day @ $0.405/mi - $ 710. ----------- Regular Town Board Meeting, 10-17-2005, Mtg #47 33 $18,560 (Estimated Fee) D. Easements: Not anticipated E. Soil Borings (geoprobes): - $ 1,200 (Estimated) TOTAL PROPOSAL’S LUMP SUM PORTION - $37,500 ESTIMATED PORTION - $19,760 TOTAL PROJECT - $57,260 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male’s services shall be made by the transfer of $57,260 in funds from Transfer to Capital Project Account No.: 40-9950-9030 to Water Administration Engineering Services Account No.: 040-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions needed to transfer such funds and amend the 2005 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF HUDSON ENVIRONMENTAL SERVICES, INC. FOR WATER TESTING AND SAMPLING AT TOWN LANDFILL FOR 2006 - 2008 RESOLUTION NO.: 494, 2005 INTRODUCED BY: Mr. John Strough Regular Town Board Meeting, 10-17-2005, Mtg #47 34 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury needs to arrange for water testing of wells situated at the Town Landfill on Ridge Road during 2006 through 2008, and WHEREAS, the Solid Waste Facilities Operator solicited for proposals for the testing of these wells, and WHEREAS, the Solid Waste Facilities Operator has recommended that the Town Board award the bid for the well and water testing to the lowest bidder, Hudson Environmental Services, Inc., for an amount not to exceed: $2,015 for 2006; $3,725 for 2007; and $2,015 for 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby engages the services of Hudson Environmental Services, Inc., for the purpose of water sampling and testing as may be required at the Landfill for an amount not to exceed: $2,015 for 2006; $3,725 for 2007; and $2,015 for 2008 to be paid for from the appropriate Account(s) as determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Operator to make the necessary water testing arrangements and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADDING SIX FLAGS DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 495, 2005 Regular Town Board Meeting, 10-17-2005, Mtg #47 35 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Six Flags Drive,” a private drive entrance located off State Route 9 assigned to the new Six Flags Great Escape Lodge and Indoor Water Park, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Six Flags Drive” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Six Flags Drive,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM ROBERT AND LINDA JABAUT RESOLUTION NO.: 496, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION Regular Town Board Meeting, 10-17-2005, Mtg #47 36 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Cemetery Commission previously sold cemetery lots in the Pine View Cemetery to: 1.Robert and Linda Jabaut – Lot No.: 20-C, Hudson One; and 2.Linda Jabaut – Lot No.: 20-D, Hudson One; and WHEREAS, these lot owners wish to sell their lots back to the Cemetery Commission, and WHEREAS, the Cemetery Commission and Cemetery Superintendent recommend re-purchase of the lots and requests approval of the re-purchases from the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of lots in the Pine View Cemetery as follows: 1.Lot No.: 20-C, Hudson One - from Robert and Linda Jabut for the amount of $467; and 2.Lot No.: 20-D, Hudson One – from Linda Jabaut for the amount of $233; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such respective amounts to the respective sellers and properly account for the sales in the Town’s books and records. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 497, 2005 Regular Town Board Meeting, 10-17-2005, Mtg #47 37 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised the Town Board that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a fund application in the amount of $9,000, the total amount of recreation funds the Town proposes to expend in 2006 for the administration, supervision, and operation of its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $8,424 based on eligibility criteria as it relates to the Town’s youth population, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Director of Parks and Recreation to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor and/or Parks and Recreation Director to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON THE TOWN OF QUEENSBURY’S 2006 PRELIMINARY BUDGET RESOLUTION NO.: 498, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2006, and Regular Town Board Meeting, 10-17-2005, Mtg #47 38 WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2006, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the Preliminary Budget shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Thursday, rd November 3, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town’s Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2006 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2006 has been filed in the Queensbury Town Clerk’s Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a rd public hearing on Thursday, November 3, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. Regular Town Board Meeting, 10-17-2005, Mtg #47 39 AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2006 are as follows: TOWN SUPERVISOR $61,092. TOWN COUNCILPERSON (4) $15,784. TOWN CLERK $58,578. TOWN HIGHWAY SUPERINTENDENT $64,309. TOWN JUSTICES (2) $37,882. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN GRANT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE HOUSING TRUST FUND CORPORATION, ESTABLISHING CDBG GRANT FUND AND SETTING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT AWARD RESOLUTION NO.: 499, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 153,2005, the Queensbury Town Board authorized submission of an application for New York State Small Cities Program Community Development Block Grant funds through the New York State Governor's Office for Small Cities, and WHEREAS, the grant application was submitted and the New York State Governor's Office for Small Cities awarded a $400,000 grant to the Town of Queensbury, and WHEREAS, the Town has received a proposed Grant Agreement from New York State concerning the awarded grant funds and such Agreement is in form acceptable to Town Counsel, and Regular Town Board Meeting, 10-17-2005, Mtg #47 40 WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the Grant Agreement, establish a CDBG Special Grant Fund and set appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Grant Agreement between the Town of Queensbury and the New York State Housing Trust Fund Corporation, represented by the Governor’s Office for Small Cities substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to sign the Grant Agreement, and BE IT FURTHER, RESOLVED, that the Town Board establishes CDBG Grant Fund #16 and sets appropriations and estimated revenues in the amount of $400,000 for the New York State Small Cities Program Community Development Block Grant funds received by the Town through the New York State Governor's Office for Small Cities, such appropriations and estimated revenues to be recorded in accounts to 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 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 500, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, 10-17-2005, Mtg #47 41 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: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 001-1620-1400 001-1620-4155 4,500. (Laborer) (Temp. Laborer) COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 001-1440-4720 001-3620-2010 7,955. (Engineering-Consultant Fees) (Furniture) 001-3620-1070 001-8020-4155 2,000. (Clerk, Part-Time) (Temp. Personnel) th Duly adopted this 17 day of October, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 501, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, 10-17-2005, Mtg #47 42 WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of October 13, 2005 and a pay date of October th 18, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of October 13, 2005 and pay date of October 18, 2005 numbering 25-446900 through 25-477400 and totaling $427,700.35, and BE IT FURTHER, 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 17 day of October, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR-NONE ATTORNEY MATTERS - NONE EXECUTIVE SESSION - NONE RESOLUTION TO ADJOURN MEETING RESOLUTION NO.: 502, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 17 day of October, 2005, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None Regular Town Board Meeting, 10-17-2005, Mtg #47 43 ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY