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2005-11-28 MTG 52 TOWN BOARD MEETING 11-29-2005 MTG. #52 119 TOWN BOARD MEETING MTG. #52 NOVEMBER 28, 2005 RES. 533-561 7:00 P.M. BOH 33-34 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WATER SUPERINTENDENT BRUCE OSTRANDER WASTEWATER DIRECTOR MIKE SHAW DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA SENIOR PLANNER STU BAKER SUPERINTENDENT OF PINE VIEW CEMETERY MIKE GENIER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Supervisor Daniel Stec-Opened the Meeting RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 533.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 28 day of November, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0QUEENSBURY BOARD OF HEALTH 1.1CONTINUATION OF PUBLIC HEARING ON SANITARY SEWAGE DISPOSAL VARIANCE FOR RICHARD AND CYNTHIA SMITH Supervisor Stec-The public hearing for Richard and Cynthia Smith application for a sanitary sewage disposal variance that was opened at a previous Town Board Meeting, we did leave it open. We will continue that public hearing right now. I see Mr. Center would like to address the Board. You do understand that we are looking at perhaps a new application and so dropping this application and coming back with another application is that accurate? Mr. Center Engineer from Nace Engineering-That is correct. Supervisor Stec-Do you have anything that you would like to add to the Board? Mr. Center-I met with CT Male the Town Engineer on Monday in regards to the questions that the Board had raised and after speaking and explaining the project to them he agreed that moving the system eighteen inches further away from the road would help prevent the possibility of any vehicles running onto the system. Also, he agreed with the TOWN BOARD MEETING 11-29-2005 MTG. #52 120 water keeper as far as a pump station being required for the absorption bed that would be a benefit to use a pump station with the absorption bed. So, basically the revised variance application is for a two and a half feet from the west property line the road side seven point two feet from the basement and ninety nine feet from the lake shore at the narrowest point. Like I said we also added the pump station for dosing I forwarded the revised drawings based on the meeting with Mr. Edwards to the Town Highway Department for their review and comment and to Mr. Navinski for his review and comment. We did this all last week so, I knew that there was going to be some delay in getting to the next public hearing so I expect their comments back hopefully in favor based on the comments that they have had that you folks had through the last application. Supervisor Stec-Again the public hearing is open however everyone that was paying attention, we are going to be basically closing this public hearing tonight taking action on it and then likely a week from tonight setting a public hearing for two weeks after that, th so on the 5 we will be setting a public hearing for the nineteenth assuming that we get everything that we need on the fifty and looks it over and gets it to the Board before our meeting on a week from tonight. Mr. Center-Are you requiring their comments back from the engineer and from the highway prior to the setting of that public hearing? th Supervisor Stec-I think we will probably want that before we approve it on the 19, not thth for the 5 if you can get it for the 5 that would be wonderful. Mr. Center-I explained to Mr. Edwards about the nineteenth being the date we would need some information at the latest, I am not sure what his time frame is getting out there th by the 5 to get a letter in hand. Supervisor Stec-So, the public hearing is open if there is anyone that wanted to comment on this other one just raise your hand. Yes, Sir. Please come to the microphone state your name and address for the record, please. th Mr. Brothers-Mr. Supervisor, just a question, if I heard you correctly on December 5 th you said you would set matters for the public hearing on December 19 is that thth Supervisor Stec-We would set the public hearing on the 5 to take place on the 19. Mr. Brothers-Does that imply or mean that if something has not been brought up and thth stated on December 5 it can’t, it is inadmissible on the 19? Supervisor Stec-No. Mr. Brothers-It does not mean that. Supervisor Stec-Not at all. Mr. Brothers-Thank you. Supervisor Stec-You are welcome. Is there any others members of the public that would like to comment on this public hearing or the one that we are contemplating setting in the very near future? Mr. Center, do you have anything else you would like to add or is there any Board Members that would like ask any questions while we have got you here? Councilman Strough-This is going to be treated as a new application and not mearly a modified application? Mr. Center-I believe that it is a new application. I have submitted it, I have already submitted it to Dave last Wednesday, I submitted the revised application and drawing. Councilman Brewer-So we will get new drawings. TOWN BOARD MEETING 11-29-2005 MTG. #52 121 Mr. Center-It is a new variance application with a revised drawing with the details as I said. Supervisor Stec-I will close the public hearing and I am not anticipating that we are going th to take any action so we are clear where we are heading and then on the 5 we will have thth a resolution for the 19 and we will hear everybody that wants to be heard on the 19 and if everything is in order and all our questions are answered we could take action on the th 19. Mr. Center-Are there any questions I guess now before we come back to the public hearing on the drawing, have you received the drawing, that was submitted? Councilman Brewer-No. Ok. Councilman Boor-We have not gotten anything from Highway our Engineer or drawings. Mr. Center-I submitted the revised drawings the revised application I was not sure. Councilman Boor-We essentially have what we had the last time we saw you. Supervisor Stec-Thank you very much. 1.2 PUBLIC HEARING-James Ogden’s Application For Sanitary Sewage Disposal Variance NOTICE SHOWN Supervisor Stec-Is Mr. Ogden or his applicant here or his agent? Both of them. Mr. Center, Engineer from Nace Engineering-I have added some information to the drawing not to change the variance itself but added information on the site plan. Attorney Mike O’Connor-Good evening for the purpose of the record I am Mike O’Connor I am representing the applicants Kim and Jay Ogden who are both here in the audience tonight with Tom Center. Tom did the engineering on it and I will let him do the presentation. Mr. Center, Engineer-The revised drawing that you have in front of you has some additional information added to it. We have the, there was an original well location by VanDusen and Steves per an initial location which is on the lake side of the property between the house and the lake as noted as located by VanDusen and Steves. Then you will see one closer to the house which was located by the owner who gave us dimensions to that well. We also added dimensions from the existing septic system location and lake side, in that lake side well that was identified by the owner. We have also added the Galloways’ septic system location based on research of the Town records. We have the exact location of the road side well, the original location of that I had on the drawing was field measured by myself we have the exact location as the surveyors located it so there was a minor change in the exact separation distance from the new Elgin Trench and the Galloway’s well on the roadside which is the drinking water supply for them. We revised the septic tank and d-box detail to show a break and call out that the septic tank outlet goes to the pump station and then from the pump station to the d-box, that has been changed. Those were the only changes made to the drawing, that you have in front of you. Attorney O’Connor-As revised I think it meets the separation requirements for the adjoining wells and the lake it does not meet the separation requirement for the property and that is the reason for the area variance or the variances the two side lines on the back. As far as existing wells both the main well that serves the Galloway property and their reserve well if you will does meet that location. Councilman Brewer-Why is it only sixty seven? TOWN BOARD MEETING 11-29-2005 MTG. #52 122 Attorney O’Connor-That is the existing septic system to there and that is the reserve well as I understand it. It is not they are not using it but the well in the back apparently is on a separate piece of property someday may be separated from the lake lot. Councilman Brewer-So, they are not using this well lake side they are using the one in the back here? Attorney O’Connor-That is my understanding. But we meet the, we still meet the separation distance of both. Councilman Brewer-I thought the separation distance was a hundred feet, it is only fifty? Mr. Center-We meet a hundred feet from the edge of the Elgin to the lake side well. Councilman Brewer-Oh, from the old system it is only sixty seven. Supervisor Stec-Just for the benefit of the public the location of the property is 11 Fitzgerald Road on Glen Lake and the two variances that we have contemplating is one point eight feet from the north property line in lieu of the required ten feet and one point five zero feet from the south property line in lieu ten foot. So, those are the only two variances that I am aware of that you are applying for that are needed. I have said it before, I am a lot more comfortable granting these sorts of variances to property lines than I am to the lake or to a drinking source particularly to wells. I would rather err farther from wells and closer to property lines in general so I would rather see it here than closer to a well and farther from the property line. That is just me. All right, the Public Hearing is open if there are any members of the public that would like to ask questions or make any comments on this application I would just ask that you raise your hand I will call on you come to the microphone state your name and address for the record and we will hear you. Anyone at all? Yes, Sir in the back. Mr. Raymond Erb-My name is Raymond Erb, I live at 19 Fitzgerald Road Before the property was up for sale there was some difficulties with it mainly the present septic system is very close to the lake. I advised Mrs. Betty Little who is the Aunt of the difficulties that would be involved with the septic system. It was also very close to their present well. I did not see what it is but the next door neighbor Elizabeth Galloway, is from her house to the septic system is only about fifteen feet and the basement is considered a possible contamination from the septic system. A holding tank would be more involved with it and would be expensive but that would prevent any other contaminating fluids flowing on somebody else’s property. If the house is rented they could add additional charges or the pumping of the septic system. Thank you. Supervisor Stec-Very welcome, thank you Sir. Anyone else this evening would like to comment on this public hearing? Ok. Town Clerk Darleen Dougher-There are two letters Supervisor Stec-Ok. Go ahead Town Clerk Darleen Dougher- Read the following: Meeting November 28, 2005 Re: Proposed Septic System @ 11 Fitzgerald Road, Queensbury, N.Y. TO WHOM IT MAY CONCERN Due to the close proximity of the Elgin System to our property line and my unfamiliarity with the Elgin product, I would be reluctant to give my permission to reduce the property line setback to approximately one tenth of the required setback. I’ve been told that there is an odor related to the evapotranspiration and oxygen exchange treatment of the effluent. If this is true, I’m concerned that it is installed TOWN BOARD MEETING 11-29-2005 MTG. #52 123 properly. The Elgin material that I have appears to require 10” – 17” of suitable back fill plus a 4” minimum of seeded topsoil. On the Nace Engineering drawing that I have, the dimension on the BIO-MAT ABSORPTION SYSTEM, STANDARD TRENCH SECTION that indicated these parameters is a little ambiguous. Also, per not #6 on the same drawing, and per Elgin’s warrantee information the system “shall be graded to shed rainfall and divert surface runoff”, and the 15” setback from the system to the property line doesn’t appear to be enough room to accomplish this. Because of this and the increased risk of pollution due to the reduced set back, we chose not to relieve the Town of Queensbury from any liabilities in this septic installation per the neighbor release statement on the septic variance application. As far as the well on our property is concerned, we chose not to sign a well arbitration agreement. Even though it is a secondary well, it is a usable well and it is the only well on the lakefront property. Sincerely, /s/ Kenneth M. Galloway Meeting November 28, 2005 Re: Proposed Septic System at 11 Fitzgerald Road, Queensbury TO WHOM IT MAY CONCERN I would not be in favor of any changes to the present code set up by the Town of Queensbury in regard to distances from septic system. However, if the Town decides to grant permission for the septic system in question, I would not object, but I will hold them responsible, together with the owner of 11 Fitzgerald Road at that time, for any problems I may experience with my property as a result of this installation. I have already been notified that my basement could become polluted from this system, and I have refused to sign a paper releasing the Town of Queensbury from responsibility. Unfortunately, I have too much at stake to be agreeable in this matter. /s/ Elizabeth Galloway 17 Fitzgerald Road Queensbury, NY 12804 Supervisor Stec-Do you care to comment anything that you have heard tonight? Attorney O’Connor-I will try to comment on them and then Tom might comment too. I think the system as it was originally designed the last time it was here was closer to the Galloway basement then the present system. The present separation from the septic system absorption bed is twenty seven feet which is in excess even though part of that is on her property is in excess of your town regulations for separation if this were the Galloway system themselves. So, I do not think there a real realistic fear that there will be infiltration from this system to the basement. The other, mention the only other thing I will mention is the I had some discussion I think with the Galloway’s son of offering to do a well arbitration agreement with them which basically would guarantee their well and they apparently did not want to do that, but that was something we were trying to do to mitigate the circumstances the best that we could. As to Mr. Erb’s comments we understood that the system was very close to the lake I do not think Tom has even put the measurement on there but by eye it is probably about thirty five feet from the lake and what we are trying to do is improve this system and remove it from the lake. The existing system is probably thirty five feet from the lake and sixty seven feet from this well that they are seeking protection of. When we are all said an done it will be in excess of a hundred feet from the lake and actually a hundred and sixty one feet from the lake TOWN BOARD MEETING 11-29-2005 MTG. #52 124 and a hundred feet from that well. So, we think we have greatly improved the circumstances here by putting in the new system. Mr. Center-To give you a little background on where the seventeen feet from the basement. Initially designed before it was even submitted we were trying to keep the system a little bit further away from the property line and that led us to be when we laid it out approximately seventeen feet from the Galloways basement. I presented that to Mrs. Galloway after reviewing it with Dave Hatin he advised me we would need to get the signed form that is provided with the package. I explained it to Mrs. Galloway I understood she was not comfortable with it so we revised the drawings to eliminate some of the Elgin field and maintain twenty feet or more from the basement and that led to what you have today in from of you twenty seven feet to the edge of the system from the Galloway’s basement. So, we meet the set back requirement in that regards. As far as the sloping of the system it is just a small hump that is put over the top so that it sheds rainfall it will be kept on our shedding, all our work will be done on the property of Mr. Ogden. Supervisor Stec-Questions or comments from Board Members about any of this? Councilman Strough-Yes, I have a few. Supervisor Stec-Go ahead. Councilman Strough-Now, how accessible will the septic tank be for periodic pumping etc., checking, maintence? Mr. Center-They will be able to get as close as they need to backing up by the back side of the house to get to the tank or coming from between the shrubbery and the shed as close in that area as they can. Councilman Strough-So, there is where that ramp is that an access? Mr. Center-Around the front of the house, I am not sure if the truck would go around the front of the house I believe it would go around the back of the house and back into the bank. I believe they carry a length of hose, a few lengths of hose I am not sure how long it is to be able to get to it but I think if they had to jockey around in there to get to the tank they would be able to. That is where the existing tank is now, the existing system which they came in to pump out so I am assuming they have done it in the past so I believe, and that is where the plumbing comes out of the house. Councilman Strough-Now, where the infiltration bed is proposed, I do not have any contour lines on here to speak of is there any tendency for the road or any surrounding area to have a storm water flow in the direction of the proposed infiltration bed? Mr. Center-It is relatively flat in that area towards the top of the property. That is why we did not get the contours because it is relatively flat up in that back corner. As you come down in the area of the shrubbery that is where it starts to drop down. It is all stone driveways on either. Attorney O’Connor-You are talking about 2 Fitzgerald Road? Councilman Strough-Yea. Councilman Boor-It is 467 is what the elevation Attorney O’Connor-It is quite a ways to Fitzgerald Road and I do believe that, that portion of the lot is probably above the grade of Fitzgerald Road out at that end. If you go up Fitzgerald Road it goes up a hill behind the Ogden Driveway is lower. Councilman Strough-Well it does not make any difference Fitzgerald Road or otherwise is there any tendency by the nature of the geography and the immediate area where storm water flow to flow toward the direction of the infiltration bed and Tom said not likely, ok. TOWN BOARD MEETING 11-29-2005 MTG. #52 125 Mr. Center-I do not believe so, it is relatively flat. Councilman Strough-Well it is my standard question. Councilman Brewer-It is a standard answer. Councilman Strough-Is the structure a two bedroom or a three bedroom? Mr. Center-It is a two bedroom. Councilman Strough-Because in the first application it was listed as a three bedroom. Mr. Center-Yes, that was, we had originally had enough Elgin for a three bedroom that was in error, it should have been corrected that was another reason why that initial application was pulled. The wording should have been existing two bedroom with enough Elgin for a third bedroom. Councilman Strough-Is there any part of the building such as a loft area that could be used as a bedroom, that you did not count as a bedroom? Mr. Center-No, it is a one story, occupancy. Councilman Strough-Where is the parking for this property, where do the people park? Mr. Center-They park down by the house just above the concrete ramp and along side. He has parked up by the shed area where the test pit distribution and back near the corner but there is tree that is located along where the system is now which wouldn’t prohibit anybody to be parking there now, if that is where Councilman Strough-This area has not been used as a parking area? Mr. Center-No, I believe it has been further down south of the system. Councilman Strough-So, there is no tendency to use this as a parking area either? Mr. Center-There will not be, I have advised like we have said before, advised all clients on as far as good septic system maintenance that they cannot use the septic area for parking. Councilman Strough-It is a mound system and there was a concern by Mrs. Galloway of run off all be it a mounded system it would be Mr. Center-It is not a mounded system per se it is a crowning of the soil on top of the system yes. Councilman Strough-All right the system is crowned. Mr. Center-The system itself, the Elgin itself is four feet wide I am sorry it is three feet wide four feet long. It is three feet wide four feet trench side to side within the trench. Councilman Strough-How deep did you dig the test pit? Mr. Center-The test pit was dug down to sixty five inches. Councilman Strough-And how about the perk test? Mr. Center-The percolation test was done in a thirty inch, twenty four inches deep thirty inch deep hole. Councilman Strough-Good so far. Are they going to have any hot tubs, garbage grinders? TOWN BOARD MEETING 11-29-2005 MTG. #52 126 Mr. Center-No, Sir. Councilman Strough-Because we would have to add something a bedroom standard. Why wasn’t the test pit done in the area of the infiltration bed? Mr. Center-It was difficult to get up when you go down that deep not to have the spoils pile at the time we did not have the drawing available to us to know exactly where all the wells were located or where we were going to locate the system. That was the best location where the contractor came in to dig the hole. It is representative of the soil in the entire site. I did do a second percolation in the location of the final field and obtained the perk rate that is on there. I did not do a second test pit I did second percolation test. Councilman Brewer- You just gave us this map didn’t you? Mr. Center-Yes. Councilman Strough-I am trying to update my old map. Mr. Center-There was only one test pit performed there is a second percolation test performed in the area of the system. Councilman Strough-Yea, but it wasn’t on this one. Ok. Thank you, Tom. Supervisor Stec-Anybody else? Councilman Strough-Wait a minute? Supervisor Stec-You said thank you Tom I thought you were done. Councilman Strough-I said thank you Tom for giving me a nice answer. Supervisor Stec-Please proceed. Councilman Strough-The only thing that I am concerned about is the ability of the Elgin System to hold the spike use that commonly occurs in these lake side residences during the summer. Do you feel as a engineer this system will handle that? Mr. Center-The system is actually over designed for a two bedroom house it has forty linier feet of Elgin which is a hundred and twenty nine percent greater than required. Councilman Strough-But we are only approving it for two bedroom use though. Mr. Center-That is correct, but for two bedroom use it is over sized for a two bedroom use. Councilman Strough-That is good as far as I am concerned. Now vegetation in the proposed area is there going to be any? Mr. Center-It will be grass. Councilman Strough-Has the area been an area subject to fill or other disturbances? Mr. Center-I do not believe so. Councilman Strough-Ok. Good job, Tom. That is my list. Councilman Boor-One question, is that we pulled that thing that you referred to the last time you were here as far a back siphoning? Mr. Center-That is correct. TOWN BOARD MEETING 11-29-2005 MTG. #52 127 Supervisor Stec-Anything else Roger? Councilman Boor-No. Supervisor Stec-Ted or Tim? Councilman Turner-No, I am satisfied. Supervisor Stec-Anything else you would like to add? The public hearing is still open is there anyone that would like to ask any questions based on what they have just heard? Yes, Sir, come on up and just state you name and address for the record please. Mr. Ken Galloway-My name is Ken Galloway and the only concern I have is along the property line there is a fence along the property line and my mother has been planting stuff along there and she has been putting stones up below the fence so the property their property is higher than our property by like a foot or so, so, I am concerned with the runoff going down there. They will have to you know, probably come on to our property some to get it get good drainage you know, they would have to work it out onto our property. Supervisor Stec-Do you have a suggestion, I mean we are all here, how to Mr. Galloway-I do not know. I would like, I would like to have a new map and I would like to see contours on it, but I am working with a map that I got before the last meeting. Councilman Strough-What I am looking at Mr. Galloway and you are welcome to have this one I think I have transferred all the information onto my old one. But, it is a very slight pitch it is going to be grassed so most of your run off is going to be absorbed. In other words it is four feet so what you are talking about is a slight pitch and two feet of that may run off in your direction but I do not think it is going to be noticeable amount. Mr. Galloway-Right, but what I am telling you, under the fence it drops the property drops up to about a foot in elevation between their land and our land. Councilman Strough-What I am saying Ken is, it is a four foot mound it is about like this now two foot of that is pitched in your direction along with a little over a foot distance between them and your fence. That may have a tendency to storm flow in your direction the part that is not absorbed which I do not think is a great amount and I am sensitive to these kind of things. The other direction is going to tend to flow away from you. Mr. Galloway-Yes, that is obvious, but I mean it goes down two feet in our direction and then a foot to the property line or a little over a foot and then it drops off a little. I am just worried you know, we have had some pretty major rain falls and it is not going to be all absorbed. I am talking about the storm runoff and stuff. Councilman Brewer-What is the contour of it now is it flat is it cupped is it raised does it run there now is my question. Mr. Galloway-Up where the Elgin field is going in that is pretty much level but under the fence, I mean right down under the fence which is actually a little bit on their property I am not sure where because there is a lot of vegetation in there, but it may be farther down but it drops off. Councilman Brewer-Does the water run there now? Mr. Galloway-Yes. Councilman Brewer-What is it doing? Supervisor Stec-You have standing water there, what is happening? Mr. Galloway-No, not standing water, no. TOWN BOARD MEETING 11-29-2005 MTG. #52 128 Councilman Brewer-It is running there now this is not going to increase it I do not think, it should not increase it at all. Isn’t it our standards that the storm water shouldn’t go off his property? Unknown-Shouldn’t. Councilman Brewer-It shouldn’t create any more than what is there now, is that true Tom? Mr. Center-That is correct. Mr. Galloway-Ok. All I am saying is that you are going to have to be really careful with the cross elevation when they mound that. In other words you are going to get a flow of water down our, down the property line. Councilman Strough-Well, I was on the Planning Board for four years Ken and I am sensitive to storm water issues and I denied projects if I thought the storm water would flow on a neighbors property. I do not think that will be the case in this case, I really don’t. Supervisor Stec-I don’t either. Councilman Boor-Not more than what is currently, it probably actually be less. Mr. Galloway-All right. I will take your word for it. Supervisor Stec-I agree I do not think that you are going to see an increase there. The question I am going to ask when Tom comes back up is that it is crowned I am going to guess it is a few inches I mean if it is only four feet wide that is not going to be like, it is not going to be a hump. You are probably talking a few inches, just enough where you would perceive it with your eyes. But, if it is grass, I mean, I do not think you are going to have a storm water problem created by that. I don’t, but, thank you very much. Is there anyone else that would like to comment on this public hearing, Mr. Salvador. Mr. John Salvador-Good evening, I think it is very important to consider these set backs because that ten foot set back area is treatment area and if you do not have it the treatment is taking place in someone else’s property. If there is a failure then you have a contamination on someone else’s property. Secondly to take a perk test in this area that says it is representative of soil in this area is junk science. Soils are known to be non homogeneous and the perk test should be taken in the place. Councilman Boor-There is one, that new map shows a perk test where the actual… Mr. Salvador-What time of the year was it taken? Supervisor Stec-The ninth, November ninth. th Mr. Salvador-It just doesn’t get any better. November the 9 we should be taking them in the spring Councilman Boor-Well they had one on Six, Six. Mr. Salvador-In the spring, in the spring. th Supervisor Stec-June 6. Mr. Salvador-In the spring. Councilman Strough-You are right that is the ideal time to do it. Mr. Salvador-You are not kidding. TOWN BOARD MEETING 11-29-2005 MTG. #52 129 Councilman Strough-But sometimes with septic systems there is a logistics issue that, and you have to be practical. You have to know the area too and I think you are as familiar with the Glen Lake area as I am. It does tend to be pretty homogeneous there. Councilman Boor-Pretty much glacial. Mr. Salvador-There is a reason why you take the perk test at the site where you are going to have the infiltration. Councilman Strough-That is why I mentioned it John. If I felt there was an issue there I would have pursued that. Mr. Salvador-Secondly, you are going to get more run off from the mound then you would normally get. The mound is saturated. Evapotranspiation is taking place in the mound that is the purpose of the mound. You cannot rely on run off storm incident seeping into the ground before it runs off. The first incidents of rain is going to run off because the mound is saturated that is how it works. I think you have to give particular attention to these set back requirements they are design parameters and they are not to be varied from. Thank you. Supervisor Stec-Is there anyone else that would like to speak tonight? Ok. I will close the public hearing. Entertain any discussion by the Town Board Members or a motion. RESOLUTION APPROVING JAMES OGDEN’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 33,2005 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, James Ogden filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic system: 1.1.8’ from the north property line instead of the required 10’ setback; and 2.1.50’ from the south property line instead of the required 10’ setback; on property located at 11 Fitzgerald 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 conducted a public hearing th concerning the variance requests on November 28, 2005, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, TOWN BOARD MEETING 11-29-2005 MTG. #52 130 NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of James Ogden for variances from the Sewage Disposal Ordinance to install a replacement septic system: 1.1.8’ from the north property line instead of the required 10’ setback; and 2.1.50’ from the south property line instead of the required 10’ setback; on property located at 11 Fitzgerald Road in the Town of Queensbury, bearing Tax Map No.: 289.18-1-14. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 34.2005 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves out of the Queensbury Board of Health. TOWN BOARD MEETING 11-29-2005 MTG. #52 131 th Duly adopted this 28 day of November, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.1BAY MEADOWS PUD PUBLIC HEARING CONTINUATION OF PUBLIC HEARING ON BAY MEADOW PUD Supervisor Stec-Mr. Lapper would you introduce your entourage. Attorney Lapper-For the record John Lapper with John Michaels, Jim Miller and Garth Allen so we have got everybody. As the Board is aware we have been working with staff and the board thorough workshop meetings and with Town Counsel as well and we think that we have got everything in the amended PUD Agreement and the Conservation Easement that you have all asked for Councilman Boor-Not really. Councilman Strough-Did not get anything that I asked for. Councilman Boor-We did not get anything. Attorney Lapper-Ok. Then we shouldn’t be here. We sent everything into Councilman Boor-We got this. Attorney Lapper- Town Counsel Councilman Boor-But this isn’t what we asked for, is that what you are referring to? Attorney Lapper-Yea. nd Supervisor Stec-We got your November 22 letter. Councilman Boor-OK. We will talk about it. Councilman Strough-You can go on John, but Councilman Boor-There flaws. Supervisor Stec-I think there is at least one major hang up on the conservation easements. Councilman Brewer-Stu do you have a copy of your memo that you sent to us the other day about in the mail it came John is the one I am in reference to. Supervisor Stec-I got mine in the mail too. Councilman Boor-I have it here. Councilman Stough-Now, John for example I said on your map and on your agreement John will verify this because you both thought it would be a good idea, that you take out the three point two eight acres where the club house is located and not include that into the easement and you wrote it down. I said make sure you have that in your agreement and you wrote it down, and it is not here. TOWN BOARD MEETING 11-29-2005 MTG. #52 132 Attorney Lapper-It is out of the easement Councilman Strough-It is not here, it is not there, it is no where. Councilman Boor-We do not have it. Attorney Lapper-It is out of the description that is attached to the conservation easement. It is not part of the property that is encumbered. Councilman Boor-We do not know that. Councilman Strough-It is not written that way in the agreement. Councilman Boor-It is not in the agreement. Attorney Lapper-I know that Kathy Radner has gone through it, we got her the maps and she has gone through it all. Councilman Brewer-Lets just see if we can find it. Councilman Boor-We do not have a map John that shows that. Councilman Brewer-He said that it was in the agreement. Town Counsel Hafner-Do you have the map with you John, do you have the map with you? Attorney Lapper-It is in the description. Town Counsel Hafner-I can review it real quick. It refers to the map. Do you have the map with you I am looking, I do not seen to have a copy of it. Sr. Planner Stu Baker-Let me just note that the last map that we have in our files was th revised September 15. Town Counsel Hafner-What is the map that you have John? Councilman Brewer-September what Stu? th Sr. Planner Baker-September 15 Councilman Brewer-He has got October 5 on this one. Supervisor Stec-I am trying to remember when we met on this. Town Counsel Hafner-Is that the map that was filed? Attorney Lapper-That is the map that we submitted to the Planning Board for the Site Plan Subdivision Application. Councilman Strough-On page three on the newest agreement it says the developed area ninety seven point three acres, twenty three acres for a thirty nine acre town house and one seventy point two acres to be used for professional office, commercial building, golf course and related, you did not break it out. It is on page two right on the bottom of the new agreement. I read it and re-read it and you talk about the four acres open says the same things as the other one. There is no break out. Mr. John Michaels-If you look at that map. Councilman Boor-We did not have that map John. TOWN BOARD MEETING 11-29-2005 MTG. #52 133 Mr. John Michaels-Ok. Councilman Boor-Here again we are put into a position where we are supposed to make a decision on the fly. Mr. John Michaels-My apologies, but somebody should have just called me and we would have gladly Councilman Strough-I did not get it. Councilman Boor-Didn’t get it. Councilman Strough-Until this weekend. Councilman Boor-We did not know this was coming. Friday I found out that this was going to be discussed. I did not know that this was going to be on the agenda. Councilman Strough-I checked my mail Thursday and it wasn’t there. Mr. John Michaels-I did not mean to interrupt you I totally remember that that should be there, can’t that be some type of condition on this? Councilman Boor-There are other problems though, John. Actually I think bigger and that has to do with future development could occur the way this is written. Attorney Lapper-It is a perpetual easement. Councilman Boor-We are looking any Town Board in the future could decide to subdivide this and put it right back to MR-5 that is unacceptable and this board has repeatedly stated that. We have to have this in the form where future bureaucrats can’t undue what we are trying to have done. That is why we have insisted on a conservation easement with an outside authority you said that is not necessary and yet you have not been able to come before this board and give us a means by which we can in perpetuity keep this from being subdivided or developed. Town Counsel Hafner-We have a conservation easement. Councilman Boor-The next Town Board can get rid of it Bob. It is right in your thing that says it. Attorney Lapper-We ran that by your Attorneys and we have gone through that in detail with Kathy Radner and I guess the issue is in terms of real estate law parties to an easement can always amend the easement. So, a future Town Board whatever it says a future Town Board can always change it. Councilman Boor-That is why it is not going to fly with me. That is why we did not want the easement as a board. We made that very clear and you actually took Stu to the mat saying that there was no work involved in having an easement and he said no the maintenance and the ability to keep this does require work and you kept going with the Town Board being the authority to have this… Attorney Lapper-Even if it was the Nature Conservancy any party that had an easement could by agreement you know fifty years from now agree to modify it however you grant an easement to. That is just a matter of real estate law. Supervisor Stec-What I remember and the just that I got from Stu’s memo although I did not get a chance to talk to Stu about it today, at our last workshop that we discussed this, whatever the date was we did I think leave as a board thinking that all of our concerns that we had and there were three areas, the parking, the access road the curb cut on Bay Road and the Conservation/protect the golf course going forward that we were satisfied that we had a game plan for all three of those. Although I disagree that although Stuart has been adamant that he and I understand why, that it would be best if it was held by a TOWN BOARD MEETING 11-29-2005 MTG. #52 134 third party. I do not remember that we had a third party agreement but whatever we had I remember that it was different than what we are looking at right now. It might not have been within the third party but it was something Councilman Boor-It wasn’t a third party that is why that was always suggested as the best route. Supervisor Stec-All right I wanted to make sure we were recalling it, but the jest of Stuarts memo that we got over the weekend was that it doesn’t say what we talked about it is saying the other workshop the other day. Attorney Lapper-Just like a future legislative body, a Town Board can change zoning a future Town Board can decide to change an easement. What we are granting you is the full rights that the Town Board will control that nothing gets built there. Councilman Boor-Yea, but we are not all going to be here forever. Attorney Lapper-But you are relying on the future elected Town Board. Councilman Boor-I do not want to rely on it. Councilman Brewer-I do not think there is any other way is what he is saying. Councilman Boor-Sure there is. You get an actual entity that does this professionally and that is all they do. Attorney Lapper-But even they could Councilman Boor-They could. Attorney Lapper-as an example the Nature Conservancy a conservation group. Councilman Boor-But they are not going to have the political pressure from attorneys that want to develop locally that we are going to have as a Town Board. Attorney Lapper-We are giving it up as matter of zoning under the PUD we came to you and said we are willing to do thirty nine townhouses and a retail a small retail office, size office building instead of the ninety seven units that are approved and we will give you whatever you want in writing to prove that, that is what the deal is. We have got a PUD Agreement and on top of that we boot strapped it with a conservation easement and you are saying, that is the agreement but you want to make sure that you control the future Town Board. Councilman Boor-We don’t want to control it that is the point John, we do not want the control we want an entity that cannot be pressured. Councilman Brewer-The only way you could do that Roger is somebody else to own it. I am hearing what you are saying and I understand exactly what you are saying and I agree with you to a point but Councilman Boor-Where do you part company? Councilman Brewer-If I give a piece of property to the towns Supervisor Stec-QLC Councilman Boor-The Nature Conservancy Councilman Brewer-Whatever, it doesn’t matter at some point in time five years, ten years, twenty years from now if they come back and say you know what we really don’t want this any more is there any use for it and somebody says yea I would like to buy that TOWN BOARD MEETING 11-29-2005 MTG. #52 135 and do this with it, that could happen. I understand and I agree with what you are trying to prevent and I would feel the same way. Councilman Boor-I guess Tim, I have less confidence in Town Board’s than I do with organizations like the Nature’s Conservancy or the Serra Club. Councilman Brewer-I do not know if the Nature’s Conservancy would even bother with something that small Roger. Councilman Boor-Again, my point is that, my point has to do with Councilman Brewer-I understand exactly what you are saying Councilman Boor-who bows to pressure and who doesn’t, that is my point. Supervisor Stec-Stuart, what I, you were there at the workshop meeting that I am referring to correct. Sr. Planner Baker-Correct. Supervisor Stec-Agreed, that a third party is the most preferable, however, we left there with some other compromise that did not involve a third party but it was better than what we, the reason for your memo. You were there and we talked about ok, well it will not be practical to find a third party so we can do it this way and that made everyone satisfied that the golf course was protected from development. What aren’t you seeing now that prompted your memo to the Board? Sr. Planner Baker-What prompted my memo was discussing with Town Counsel in which it was pointed out that this Board cannot bind future boards unless a future board could chose to remove the conservation easement to the extent to even allowing development on the property. I then looked back at previous discussion on the topic and on the conservation of the golf course and the boards seemed fairly united in the goal of wanting to conserve that land in perpetuity. Those two points formed the basis of my current comments. Mr. Michaels-I think the point is if the town doesn’t have confidence that it can enforce its zoning regulations and then all your zoning laws really is worthless, if you are going to go through and maybe do a moratorium and propose new zoning for areas, that is all subject to change of the Town Board, everything you do here is subject to change. Councilman Boor-That is what we want to get rid of John, we do not want the Town Board being the entity. Mr. Michaels-It is really against State Law. Councilman Boor-You are saying that things like the Nature Conservancy cannot accept donated properties? Mr. Michaels-That is not what I am saying. Councilman Boor-Ok, what are you saying. Mr. Michaels-I am just saying, if we, you have PUD legislation which allows you to cluster and do this and do that, that is what you have first, you have already taken away all development rights through that action and the PUD Agreement. Then we added a conservation easement on top of that which you also have which is, lets go back to Hudson Pointe, that is a PUD, there is land there left. Who is going, the homeowners association they are not going to come in with a proposal to redo it they have used up all the development rights. I do not know who is going to becoming in with us, I just don’t. Councilman Boor-It could be you. The next Board comes in and you might have a lot of ties on the Board and say you know what TOWN BOARD MEETING 11-29-2005 MTG. #52 136 Mr. Michaels-There are no development rights left with the PUD Agreement they were used up. Councilman Boor-They could go back and say that this PUD originally allowed for ninety seven and we only put in thirty nine on there. Councilman Brewer-But, I think if they read the PUD Agreement they will understand what we tried to do because of the Conservation Easement, Roger. Councilman Boor-Well, the original PUD as they have very generously offered they have gone way under what the original PUD would have allowed so that, so the fact that the original PUD allowed more means that in the future date the political will might be, well look it, it was originally approved for ninety seven and now they are only going to put another thirty on what’s the remainder of the golf course, that is really not that much. That might be the thinking of the next board. Councilman Brewer-That very well may be but I think if we put in that deed or whatever a note where the Conservation Easement is I think any future Board is going to understand what we tried to do. Or what we did do. Supervisor Stec-That would not stop them what Roger said Councilman Brewer-That would not stop anybody. Mr. Michaels-To force parties to bring in a third party I mean, a private developer in the Town who has zoning laws should be able to implement those zoning laws and come up with a PUD Agreement that is solid without bringing in third parties. Councilman Brewer-So, what you are saying is every PUD we do from here on in we are going to have a third party take Mr. Michaels-I am not saying that. Councilman Brewer-no, I am saying what Roger is saying, a third party take. Councilman Boor-That is not what I am saying, I did not say that. Councilman Brewer-That is what you are saying in a matter of fact with this. Councilman Boor-No, I am talking about Bay Meadows, I am talking about this specific PUD which has been drastically changed from when it was initially put forward. I do not want to see continual changes in PUD’s. As a matter of fact there are very few PUD’s in this Town that do not get changed. Councilman Brewer-What do you mean? Councilman Boor-They start off as one thing and they end up as another. We can take Hiland that is a PUD now, we have been fortunate that the development has been less than what could have been put there but you know they do change. Mr. Michaels-I doubt that you will ever have a PUD that is going to have an increase in density. No one is going Councilman Brewer-After it is built. Mr. Michaels-No one changes, every PUD this town has been changed has been a decrease in density. Councilman Boor-You are kind of making my point. You are making my point is the initial PUD was much bigger than what it is now and so that would be a very good argument for somebody to come in with a very pro development attitude a board with a TOWN BOARD MEETING 11-29-2005 MTG. #52 137 very pro development attitude you could come back and say hey you know what the original PUD said we could put ninety seven here. Councilman Brewer-You could do that with Hiland Park Councilman Boor-That is right we could do that at Hiland Park too Tim. Councilman Brewer-Do you want to do that? Attorney Lapper-The bottom line is that we certainly proposed, provided you with what we offered and promised at the last meeting that we have an agreement that we run by Town Counsel that says it is perpetual that the ninety seven units that are currently approved would be changed to thirty nine plus the small office building. Councilman Boor-You say it isn’t perpetual, you actually say that. Attorney Lapper-It says to the extent, there is a reference to environmental conservation law where there is a provision that says that conservation easements can always be changed and that is something in New York State Law and the Town Attorney asked us to reference the Environmental Conservation Law. Councilman Boor-Number 6 With the granting of this easement the grantor reserves the right to give, sell, assign, lease, subdivide or otherwise transfer the protected golf course property. That does not sound too rock solid to me. Attorney Lapper-Well, no, that is because it could be sold to another golf course owner I mean Garth Allen is saying that you are not going to build structures on it but that it could be A,B,C, golf course company it is still available as a golf course for somebody else to buy. But in terms of zoning and in terms of easement those rights are being given to the Town. I mean, ask your Council if there is anything else that we can do. Councilman Boor-The grantor reserves the right, aren’t you the grantor. Attorney Lapper-Yes. Councilman Boor-Not the grantee. Attorney Lapper-Those are more that could be added to the Town Counsel Hafner-I did not understand from prior conversations that the Town Board’s concern was that a third party, I know that there was a discussion about possibly having a third party hold the easement. I understood that what was important was to have something that was firm and that was perpetual and this document is a perpetual easement. Any piece of property that you get, you own your home you own it forever until you decide you want to sell it to someone else or you want to do something else this property will be subject to this easement forever unless the Town Board changes it mind, that is true Roger. Councilman Boor-I think that is really the point I was trying to make. Town Counsel Hafner-If that’s, I did not know that, that was such a big concern of the Town Board’s I did not understand that. It’s normal in real estate things that when there is an easement that of course the two parties that are on either side of the easement can later change their mind if it is to both of their benefits. So, this is perpetual and that paragraph 6 that you are referring to just it doesn’t make the easement go away it says that they have the right to transfer it and do whatever the Town of Queensbury Councilman Boor-Or subdivide Town Counsel Hafner-if the Town lets them, they have to go through subdivision approval, but it will still be subject to Conservation Easement. That subdividing or transferring doesn’t make the Conservation Easement go away. TOWN BOARD MEETING 11-29-2005 MTG. #52 138 Councilman Brewer-And it also says ..page three Roger, lands contained the golf course shall be subject to perpetual Conservation Easement conveyed to the Town of Queensbury which shall prohibit future development thereon. You cannot develop on it. Councilman Boor-Didn’t you hear what Bob just said? Town Counsel Hafner-It is perpetual unless Councilman Boor-Unless a Town Board says Town Counsel Hafner-a future Town Board changes its mind. I did not know that that was a concern with the Town Board and I did not know that that was a deal clincher, otherwise we work very Councilman Boor-Its not Town Counsel Hafner-closely in getting what we thought the Town was aiming for. Councilman Boor-I was just disappointed that it was only, the Queensbury Land Conservancy was the only group that you approached and so I just wished you had done a better job. Attorney Lapper-I guess, let me explain that, this is not the kind of an easement where you were transferring a mountain or a lake it is not something that a conservation group would get so excited about because it is developed as a golf course. As far as the Town of Queensbury is concerned it is an area that is experiencing a lot of development and to keep it as a golf course is a lot of open space which has a public benefit. That is why it is more appropriate that the Town Board would be interested in it because the Town Board want’s to ensure it as open space. But, in terms of a conservation group they would rather see like Hudson Pointe where you have walking trails something that has nothing on it, that you do not have a business a golf course, but it still has a benefit to the Town. We tried to do everything that we could do legally to give you assurance here working with your attorneys. Councilman Strough-Well, my point was my issues was relatively easy to do and you said you would do it. Attorney Lapper-The Club House. Councilman Strough-The breaking out of the Club House. Attorney Lapper-It is on the map. Councilman Strough-But it is not in the agreement and you said you would put it in the agreement. Attorney Lapper-The description of the area that is ..is that description. Councilman Strough-What is the square acreage of easement, we are talking about? Councilman Boor-It is not in the agreement either, John. Supervisor Stec-In addition to that one. Councilman Strough-As far as some of Roger’s issues and what Bob has pointed out I mean, we can probably make this a little bit better. There is nothing that is ever going to be perfect here and I agree, but if we in paragraph 6 we drop the ability to subdivide the easement area that we talking about, in other words nobody is going to subdivide it. That is not going to be a option. If we drop the language in paragraph 8 the easement may be amended by parties hereto or their respective successors an assigns by mutual agreement and in writing executed by both parties etc. drop that. We know that can be done if there TOWN BOARD MEETING 11-29-2005 MTG. #52 139 is a will on this board to do it. Unfortunately, Roger might be right, there might be a future Town Board that breaks this agreement, I hope not, but I do not know of a better way given the tools that we have of working with it and Bob seems to say that there is some kind of perpetuity to this contract. It is clear that what was meant and attended here and if some future Town Board breaks that I think the public will be outraged and they should be. But, there is a couple of things we could do to clean it up. But there is just nothing to get beyond what I asked you to do I mean. Attorney Lapper-This is the first time John, we did not get a copy of the memo from Stu so this is the first time that we are hearing that there is an issue with the language. Councilman Strough-I would have said something earlier if I had this. Councilman Boor-We got it Friday just so you know. Attorney Lapper-We have been talking to the Town Attorney so we thought everything was set. Councilman Boor-Nobody is trying to stop this thing. Councilman Strough-I would have approved this months ago. Attorney Lapper-We will do just what you want both of those changes are acceptable. Town Counsel Hafner-John, it’s the conservation easement it has a schedule A which defines the property that is, that is subject to it. It refers to a map which I do not have in front of me, I am sure my partner confirmed it but, we can make it contingent upon me personally confirming that the map refers to the right schedule. Councilman Strough-Unless somebody can tell me right now how many acres I am approving as an easement I am not about to approve it. Town Counsel Hafner-Ok. But those are things that we can definitely take care of between now and next Monday. Supervisor Stec-Is it on the map? Because, that is the next question that I was going to ask I am not sure if there are any other issues besides the two that we just talked about hanging out there but if Unknown-61.6 Supervisor Stec-Sixty One point six if we are heading toward remedying this tonight on the fly or if we are looking at fixing it and coming back next Monday to finalize them, I am not sure how simple. Town Counsel Hafner-We could put that language in here. Councilman Boor-Yea, that is fine, but this is what Stu is saying now the impetus, now the work is on us that is the point. Town Counsel Hafner-You do not have to, this is a voluntary action of the Town Board, the Town doesn’t have to Supervisor Stec-What I was just announcing was these two items, if they are resoluble are we looking to try resolve them on the fly tonight or do we want to come back a week from now after everything is cleaned up. I am curious how minor Town Counsel Hafner-What John described to deal with John’s issues are real easy as I understand and John told me if I understood right it was to get rid of the word subdivide in paragraph 6 of the conservation easement, is that right? Councilman Strough-Right. TOWN BOARD MEETING 11-29-2005 MTG. #52 140 Town Counsel Hafner-And to get rid of the last sentence of paragraph 8. What I was discussing with Roger was I do not remember seeing in here that the Town would clearly, I mean we have the right to assign but maybe you want to see it in there that the Town has the right to assign its rights here to a charitable entity. I do not, but then it would as Roger was pointing out the impetus would be on the town to do it and what I did not realize and I am sorry Roger I did not know that the Town Board wanted for sure that this, the conservation easement to be to a different entity other than the town. Councilman Boor-It was just preferable because the politics would not be involved. Town Counsel Hafner-But we can definitely have the right to assign and then if we, and maybe Queensbury Land Conservancy will change its mind you know you guys have input with them. Councilman Boor-That would work to our favor. Town Counsel Hafner-I do not think John is going to have any trouble I think we have a right to assign without it just like we will have the right to change the easement without the language. Attorney Lapper-But if it makes everyone more comfortable we can add one more sentence that says the grantee shall have the right to assign its rights hereunder. Councilman Strough-All right sixty one point six is correct. Supervisor Stec-Where are we going to make that change Bob for the acreage. Town Counsel Hafner-I am trying to figure out where is an appropriate place to put it. Councilman Boor-In 6 Town Counsel Hafner-In 6 sure. The grantee has the right to assign Attorney Lapper-to assign its rights Town Counsel Hafner-hereunder Attorney Lapper-Period. Town Counsel Hafner-And John, you wanted to make sure the acreage, we could put that in Schedule A we read that right off the map. Councilman Strough-Three point two eight is the club house and parking area lot that we do not wanted treated under the easement. Councilman Boor-That is the Conservation. Councilman Strough-So, that is going to be subtracted from the if you start off with seventy point two eight acres and you take out three point two eight for the club house and parking area and you take out the five point four two for the proposed office and retail you get sixty one point six which is that figure. That is what we want we are in agreement there. Now if you can clarify that with the language that is going to be the easement area. But, we want also into the agreement that is not going to be included in the easement language is the three point two eight acres that includes the club house and parking area. It is not a difficult thing to do it is just that it wasn’t done. Mr. Michaels-It did on the map. Town Counsel Hafner-In referring to a filed map if often the way it was done but we can … TOWN BOARD MEETING 11-29-2005 MTG. #52 141 Councilman Boor-We did not know if that was filed though Bob. Town Counsel Hafner-It says that it is, I assume that it is. Councilman Boor-I just don’t know why Stu wouldn’t have a copy. Attorney Lapper-It will be once we are done with the Planning Board. Town Counsel Hafner-Ok, it can’t be until the Planning Board see it, so. Attorney Lapper-We are certainly agreeable with all those changes and it was always our intention to give you what you requested here. Supervisor Stec-Excellent. Town Counsel Hafner-All those changes were just in the Conservation Easement, was there any comments to the PUD Agreement itself? Councilman Strough-On page three it says similarly the paragraph isn’t identified yes it is by number, now therefore the parties agree as follows Unknown-Where are you? Town Counsel Hafner-He is on the PUD Agreement page three. Councilman Strough-The Meadows Planned Unit Development Agreement and I am on page three I am on the last sentence of the first paragraph it starts similarly the seventy point two acre lot maybe subdivided prior to construction of the professional office, Attorney John Lapper-That is because right now the office lot is not subdivided from the lands of Bay Meadows Corporation that would require approval of the Planning Board. Councilman Strough-The sixty one point six acre easement area will not be subject to subdivision. Attorney Lapper-Right Councilman Strough-Could you add that? Attorney Lapper-Yes. Supervisor Stec-Those are the only two items that I was aware of that where, and it sounds like it was resolved to mutually level of dissatisfaction. Councilman Strough-This could have been a whole lot easier. Mr. Michaels-Sorry we just were not aware… Supervisor Stec-Are there any other comments from Board Members that we haven’t any new issues or other issues that we have not addressed on this before we resume the public hearing? Councilman Boor-Just how did we leave the parking thing? Supervisor Stec-We left the parking things that we didn’t, Councilman Brewer-Leave it alone. Supervisor Stec-That we were not going to pursue the parking. Attorney Lapper-But, we are giving up the land and we are not asking to waive the five hundred dollar per unit park and rec. TOWN BOARD MEETING 11-29-2005 MTG. #52 142 Supervisor Stec-The public hearing is still open we never closed it last time if there are any members of the public that would like to comment or decipher or ask for clarification on anything that we apologize for the confusion here this evening, if there is anyone that would like to ask any questions or comments about this Bay Meadows PUD modification agreement that we have been talking about please just raise your hand and I will call on you. Seeing none I will close the Public Hearing Councilman Strough-Just one last question, Bob, should the SEQRA form be changed to be in accord with our new PUD Agreement? Does it just need to be updated before the final version is handed in or it pretty fine the way it is? Just a question. Town Counsel Hafner-One of the things we are going to have to do is go through that and I do not know if Marilyn or Stu .. Sr. Planner Baker-The SEQRA Form part one which the applicants fill out does need to be revised it still contains references to through out to forty seven town houses for example and this project a couple of months ago was revised down to thirty nine and there are a couple of other errors on here that should be addressed. They can be addressed on the fly this evening if you like or what ever the Board Supervisor Stec-Well, we are going to have Marilyn or somebody walk us through the SEQRA so why don’t we fix them as we go. Sr. Planner Baker-I will be happy to walk you through the SEQRA. Councilman Boor-Lets do it now. Supervisor Stec-As we go, for example I know the first one that I see is on page 2 construction of thirty nine Townhouses but I will let you walk us thorough this if you want to start on page one and we will go through the SEQRA. Sr. Planner Baker-Lets go to page two as you noted the second line under description of action should be construction of 39 townhouses and Professional Office..page three bottom item number 10 Do hunting, fishing or shell fishing opportunities presently exist in the project area? They answered no the answer should be yes because the project area includes the four acres along Halfway Brook. Supervisor Stec-So, that is a yes. Page five of twenty one Item B-g Maximum vehicular trips generated per hour: they have answered sixty two which is significantly more than their own traffic study shows. Councilman Brewer is this just a copy of the SEQRA from when this was approved in 97’ Attorney Lapper-That was when it was forty seven. That was sixty two cars at forty seven when we reduced it to thirty nine we never reduced it. Supervisor Stec-What does the traffic study say in lieu of sixty two? Unknown-forty six. Supervisor Stec-So we will put in forty six there. Councilman Strough-How many units is it? Councilman Boor-Thirty nine. Councilman Strough-Thirty nine. TOWN BOARD MEETING 11-29-2005 MTG. #52 143 Sr. Planner Baker-Again, under B-h it should say they have initially thirty nine and ultimately 47, forty seven should be scratched out and replaced with 39. Number eighteen this was something that was Supervisor Stec-I am sorry what number? Sr. Planner Baker-Eighteen on page seven. This was something that was discussed at the Planning Board review of this project in August, well the project use herbicides or pesticides, well the golf course is part of the project so the answer, unless things have changed with the golf course management plan that answer should be Yes. Supervisor Stec-Ok, it is yes. Sr. Planner Baker-On page eight of twenty one it is mentioned multiple places in both the Conservation Easement and the PUD Agreement about future subdivision but subdivision approval is not noted here so that should be added under Town Planning Board approval needed, and at the bottom under C-1 subdivision should also be checked. Supervisor Stec-Ok. Sr. Planner Baker-On the following page, page nine of twenty one, item five again there is a reference to forty seven townhouses that should be thirty nine. That is all the corrections on part one. (Part one on file in the Town Clerk’s Office) SEQRA QUESTIONAIR FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND YES 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of NO length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. NO construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of NO existing ground surface. Construction that will continue for more then 1 year or involve more than YES one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of NO natural material (i.e., rock or soil) per year. NO Construction or expansion of a sanitary landfill. NO Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, NO dunes, geological formations, etc.) Specific land forms: TOWN BOARD MEETING 11-29-2005 MTG. #52 144 IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. TOWN BOARD MEETING 11-29-2005 MTG. #52 145 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply YES MITIGATED Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: NO 9. Will proposed action substantially affect non-threatened or non-endangered species? Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES TOWN BOARD MEETING 11-29-2005 MTG. #52 146 NO 10. Will the proposed action affect agricultural land resources? Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or NO paleontological importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION TOWN BOARD MEETING 11-29-2005 MTG. #52 147 13. Will proposed action affect the quantity or quality of existing or future open spaces or NO recreational opportunities? Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? YES Examples that would apply Alteration of present patterns of movement of people and/or goods. SMALL TO MODERATE IMPACE Proposed action will result in major traffic problems. SMALL TO MODERATE IMPACT Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. TOWN BOARD MEETING 11-29-2005 MTG. #52 148 Other impacts: IMPACT ON PUBLIC HEALTH 18. Will proposed action affect public health and safety? NO Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO 19. Will proposed action affect the character of the existing community? Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO TOWN BOARD MEETING 11-29-2005 MTG. #52 149 RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION, AMENDING ZONING ORDINANCE TO REZONE/MODIFY PLANNED UNIT DEVELOPMENT (PUD) OF PROPERTIES OWNED BY BAY MEADOWS CORP. AND AUTHORIZING AMENDED PUD AGREEMENT RESOLUTION NO. 534.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by The Michael’s Group, LLC and Bay Meadows Corp. to amend the Town Zoning Ordinance and Map to rezone property/modify the Planned Unit Development at properties bearing Tax Map No.’s: 196.16-1-2.1; 2.2; 2.3; 3.1 and 3.2, located on Cronin Road, Queensbury, New York, and th WHEREAS, on or about August 16, 2005, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution to recommend approval of the proposed rezoning/PUD modification, with recommendations, and th WHEREAS, on or about August 10, 2005the Warren County Planning Board considered and approved the proposed application, with conditions, and WHEREAS, the Town Board duly conducted public hearings concerning the stthrdth application on August 1, September 12, October 3 and November 28, 2005 and heard all interested persons, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the application, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning/PUD modification, and WHEREAS, the Town and Bay Meadows Corp., have reached agreement on terms of an Amended PUD Agreement and a copy of the proposed Amended PUD Agreement has been presented at this meeting and is in form approved by Town Counsel, TOWN BOARD MEETING 11-29-2005 MTG. #52 150 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning/PUD modification by The Michael’s Group, LLC and Bay Meadows Corp. will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone/modify the Planned Unit Development at properties bearing Tax Map No.’s: 196.16-1-2.1; 2.2; 2.3; 3.1 and 3.2, located on Cronin Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the Amendment of the original Planned Unit Development Agreement and the Amendment to the Planned Unit Development Agreement to delete any references to the prior developer and only be signed by Bay Meadows Corporation and the Town of Queensbury, and BE IT FURTHER, TOWN BOARD MEETING 11-29-2005 MTG. #52 151 RESOLVED, that the Town Board hereby approves of the Amended Planned Unit Development Agreement presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 2.2PUBLIC HEARING - RACHAEL ALCORANCE AND DAVID PARKER’S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT NOTICE SHOWN Supervisor Stec-The location is 37 Pinello Road we are holding a public hearing on this to allow or not allow a revocable permit to locate a mobile home outside of the mobile home park. Is there anything that you would like to add to what I just said or does the Town Board have any questions..? Councilman Strough-Just to make sure that I was at the right place, is that the sky blue? Ms. Alcorance-Yes. Supervisor Stec-Any other questions from the Board? I will open the Public Hearing if there is any members of the public that would like to comment on this public hearing just raise your hand and I will call on you. (No one spoke) Any other discussion or questions from Board Members? Hearing none I will closed the public hearing and I will entertain a motion. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR RACHAEL ALCORACE AND DAVID PARKER RESOLUTION NO.: 535, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code §113-12, and TOWN BOARD MEETING 11-29-2005 MTG. #52 152 WHEREAS, Rachael Alcorace and David Parker have filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace their existing mobile home with a new, 2006 mobile home on property located at 37 Pinello Road, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th November 28, 2005 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Rachael Alcorace and David Parker in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: Mr. Brewer Discussion before vote: Councilman Strough-You are putting a new place in there right? Ms. Alcorance-Yes. Councilman Strough-It is going to look a lot better. Vote taken 2.3PUBLIC HEARING CONCERNING PROPOSED ROOF REPAIRS AT ACTIVITIES CENTER PROJECT NOTICE SHOWN Supervisor Stec-In accordance with our capital improvement fund regulations the Town Board is required to hold a public hearing any time we propose to use any of the funds from the Capital Reserve for these sorts of projects. Chuck Rice the facilities manager has informed the Town Board that he has identified a need to replace the roof of this building and he has project an estimate. This would authorize him to go out to bid, correct me if I am wrong and get bids and then it would authorize the creation of the fund and the work. Town Counsel Hafner-This is just a resolution authorizing the funding it is not authorizing going out to bid. If you want to do that we can easily add that. Supervisor Stec-I think we would definitely that is the intention. TOWN BOARD MEETING 11-29-2005 MTG. #52 153 Town Counsel Hafner-I thought there was a timing issues being held off but we can Supervisor Stec-That is why, the reason that I was looking is because I have a numbering issue on this and the next we have an A & B resolution and there should have been an A&B for Town Counsel Hafner-I thought we checked. Supervisor Stec-It is my intention to both establish the funding and authorize the bids. So, if we need to make it a B for this one or if we want to add it to this one I really don’t care. Anyways this would allow us the purpose of the public hearing is it would allow us to fund an account for the roof replacement of this building and the amount is not to exceed and hopefully well under fifty thousand dollars. So, if there is anyone that would like to comment on this public hearing, the public hearing is open, again raise your hand and I will call on you. Chuck while we have got you here you may as well saddle up to the microphone, because I am going to just ask you just for the publics benefit the age of this roof here this is the original roof, no, yes, that sort of thing. Director of Building and Grounds Chuck Rice-This is the original roof. Supervisor Stec-What is the age of building? Director Rice-1987 construction. Supervisor Stec-So it is an eighteen year old roof. You did tell us it has been on your list of projects for a few years Director Rice-This has been on the list it has been on the docket approximately four years. Supervisor Stec-In the mean time the roof hasn’t gotten better. Director Rice-No, it has not healed itself. Supervisor Stec-Does the Board Members have any questions for Chuck? Councilman Boor-We are going to have to put together the words here. Supervisor Stec-Are we going to go with an A & B? Town Counsel Hafner-Yes. Supervisor Stec-Why don’t we do that first in case there is comment on that. Councilman Boor-So we will vote on this one and then go onto B? Supervisor Stec-Yes. So this one as is, is ready to go this authorizes the funding. Is there any further public comment or any public comment at all on this public hearing? Hearing none I will close the public hearing, I will entertain a motion. TOWN BOARD MEETING 11-29-2005 MTG. #52 154 RESOLUTION AUTHORIZING ESTABLISHMENT OF ACTIVITIES CENTER ROOF REPAIRS CAPITAL PROJECT FUND #154 RESOLUTION NO.: 536, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Facilities Manager advised the Town Board that it is necessary to repair and replace the roof at the Queensbury Activities Center, and WHEREAS, such proposed Project shall not exceed the amount of $50,000 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 WHEREAS, the Town Board scheduled and duly held a public hearing on th November 28, 2005 concerning establishment of the Activities Center Roof Repairs 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 Activities Center Roof Repairs 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 Activities Center Roof Repairs Capital Project Fund #154 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 TOWN BOARD MEETING 11-29-2005 MTG. #52 155 Fund #64 in the amount of $50,000 to transfer to Activities Center Roof Repairs Capital Project Fund #154, 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. – 154-0154-5031 (Interfund Revenue) $50,000; and ? Expense Acct No. – 154-7620-2899 (Capital Construction) $50,000; 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 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the roof at the Town’s Activities Center for an amount not to exceed $50,000 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to sign any necessary Agreements or documentation associated with such repairs and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : Mr. Brewer TOWN BOARD MEETING 11-29-2005 MTG. #52 156 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR ACTIVITIES CENTER ROOF REPAIRS RESOLUTION NO.: 537, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board wishes to authorize bids for the Activities Center roof repairs, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and requirements set forth in bid documents and specifications drafted by the Town Facilities Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the Activities Center Roof Repairs consistent with specifications prepared by the Town’s Facilities Manager, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next or special meeting of the Town Board following opening of the bids. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: Mr. Brewer 2.4PUBLIC HEARING CONCERNING PROPOSED STATE POLICE BARRACKS ADDITION PROJECT NOTICE SHOWN TOWN BOARD MEETING 11-29-2005 MTG. #52 157 Supervisor Stec-Like the other one this is, we are proposing to fund from the capital reserve an addition of seven hundred and fifty square foot addition to the rear of the State Police Barracks on Aviation Road across from the High School. Again we will have an A & B Resolution but a public hearing is required because the proposed initial funding source is the Capital Reserve Fund this first one would create the funding and the second one would authorize bids. The project amount is not to exceed, it is a design and build so they will design and then subsequently build on a over a crawl space flush with the one floor there in the back a seven hundred and fifty square foot addition to the State Police Barracks for a total cost for the project not to exceed eighty thousand dollars. Chuck is there anything else that you would like to add? Did I cover, we did, I know that there was at least one memo or question that kind of got fired off and I think it was adequately addressed but I cannot remember, Kathy Director Rice-O’Brien Supervisor Stec-O’Brien, thank you, the Karner Blue is not a factor for this project it is near by but it isn’t in the actual construction vicinity of this. That has been explored and answered and now it is on record. Anything else though Chuck? Councilman Strough-We already got bids on this didn’t we? Director Rice-We started the process but this process needs to take place first before I can move forward. Councilman Boor-We will actually be redoing. Supervisor Stec-Yes. Councilman Boor-Not retro. Supervisor Stec-Right, unfortunately. All right any other the public hearing is open if there is any members of the public that would like to ask any questions about this proposed? Yes, Mr. Tucker? Mr. Pliney Tucker-Pliney Tucker, 41 Division Road, West Glens Falls, Queensbury, N.Y. Is this going to be a normal bid Chuck? Director Rice-It is going to be a design build bid. Mr. Tucker-Design build, design it and then be part of the bid. Ok. It is going to be open to everybody. Director Rice-Oh, yes. Mr. Tucker-I just would like to make one comment I bet a lot of the public doesn’t realize that the Town of Queensbury totally supports the Troopers Barracks being located in the Town of Queensbury. We got neighbors that brag about all the nice things they do for other people and I think you guys ought to brag a little bit about this situation. Supervisor Stec-I will do that right now while you are here, because you have been part of it in the past. I know that a lot of the folks on this side of the table know that but, as you are pointing out for the publics benefit the Town, I think it was under Steve Borgos, built this building and has historically leased it on a ten year lease and we renewed it a few years ago. So, it is not up for a long time. But, basically the State Police get the use of the building, at no cost to them and we get the Police protection at no cost to us. So, we provide the building and the heat and electricity and they provide a police presence there. They operate out of that building on Aviation Road, it is an excellent location because it is easy to get to the Northway it is right across from a very large school district. It has been a very good relationship over many years and the good news is and the reason why we are doing this is because they are putting more and more people in that barracks and they are literally almost on top of each other right now. So, for a very small investment we are going to get additional police protection. So,thanks for TOWN BOARD MEETING 11-29-2005 MTG. #52 158 Mr. Tucker-For the entire region. Supervisor Stec-for the entire area, that is right they don’t just serve Queensbury, they serve the entire region. But, you are right we are happy to have that relationship with them, and you are right I do not think a lot of people know about that so it is good for you to have us point that out. Mr. Tucker-Thank you. Supervisor Stec-Thank you Mr. Tucker. Director Rice-Also as a testament that building has been used as a model for other State Police Barracks that have been constructed. Supervisor Stec-Really. Director Rice-That is a testament to the I guess the view of the Town Board at the time who approved the design and the construction of that building so it is an asset to the community and other communities. Supervisor Stec-I think it is a great thing and I think again, it has been a long time since we have put any money into that building and the reason why we are doing it is to put more cops in the area, so that is a good thing. The public hearing is still open if there are any members of the public that would like to comment. All right, I will close the public hearing and entertain a discussion or a motion on the funding mechanism. RESOLUTION AUTHORIZING ESTABLISHMENT OF STATE POLICE BARRACKS ADDITION CAPITAL PROJECT FUND #155 RESOLUTION NO.: 538, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that the New York State Police have requested an addition to their State Police Barracks on Aviation Road, and WHEREAS, such proposed Project shall not exceed the amount of $80,000 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 TOWN BOARD MEETING 11-29-2005 MTG. #52 159 WHEREAS, the Town Board scheduled and duly held a public hearing on th November 28, 2005 concerning establishment of the State Police Barracks Addition 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 State Police Barracks Addition 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 State Police Barracks Addition Capital Project Fund #155 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 $80,000 to transfer to State Police Barracks Addition Capital Project Fund #155, 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. – 155-0155-5031 (Interfund Revenue) $80,000; and ? Expense Acct No. – 155-8989-2899 (Capital Construction) $80,000; 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 BE IT FURTHER, TOWN BOARD MEETING 11-29-2005 MTG. #52 160 RESOLVED, that the Queensbury Town Board hereby authorizes the addition to the State Police Barracks on Aviation Road for an amount not to exceed $80,000 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to sign any necessary Agreements or documentation associated with such repairs and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR ADDITION TO STATE POLICE BARRACKS RESOLUTION NO.: 539, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to authorize bids for the construction for an addition to the State Police Barracks located on Aviation Road in the Town of Queensbury, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and requirements set forth in bid documents and specifications drafted by the Town Facilities Manager, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the construction of the TOWN BOARD MEETING 11-29-2005 MTG. #52 161 addition to the State Police Barracks located on Aviation Road in the Town of Queensbury consistent with specifications prepared by the Town’s Facilities Manager, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, NOES : None ABSENT: None 3.0 PRESENTATION – GLENS FALLS LEHIGH CEMENT –POSTPONED 4.0 CORRESPONDENCE NONE TOWN CLERK DARLEEN DOUGHER-Requested that the Town Board consider Resolution 8.1 regarding a hearing on Variance/Waiver Application of Turn Pike Enterprises at this time. Board agreed HEARING – TURN PIKE ENTERPRISES, INC. APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIRMEENTS SET FOR IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL Supervisor Stec-If you want to introduce yourself Attorney Jeffrey Meyer-I am an Attorney with Fitzgerald, Morris, Baker, Firth I am representing the applicant. Supervisor Stec-Again, the Board has seen several of these in the last few months. You are seeking a two year extension we did not long ago clarify one or two year extension, just for everyone else’s benefit is a reminder if it is granted it is really just a delay in your ultimate connection but it certainly doesn’t delay even your financial obligations to the district. So, there is no financial gain here by an applicant, it is really more or less a timing or convenience item for most applicants. But, with that I will note that this is a request for a two year. Do you have anything that you would like to add Jeff? Attorney Meyer-No, nothing that is outside of what is in the application. Supervisor Stec-Questions from Board Members? Councilman Strough-Just that Turn Pike Enterprises for the public is Glen Drive-In. Supervisor Stec-That is right, Glen Drive-In on Route 9. Ok. Any other questions from Board Members? Ok. That was our hearing, I will entertain a motion. TOWN BOARD MEETING 11-29-2005 MTG. #52 162 RESOLUTION APPROVING TURN PIKE ENTERPRISES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 540, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Turn Pike Enterprises, Inc., has applied to the Town Board for a § two-year extension variance/waiver from 136-44 for a of the Town’s connection requirements to connect the Glen Drive-In property to the Town of Queensbury’s Route 9 Sewer District, as the property is used as a seasonal drive-in movie theatre serviced by a properly functioning, serviced and annually inspected septic system with a 1,000 gallon tank and there are no malfunctions with such septic system, and in order to connect to the Sewer District, the sewage would need to be pumped uphill from the building thus requiring a pump station, grinder and force main, and no firm estimates were obtained as plans required to obtain such estimates were quoted at $1,500, as more fully set forth in Turn Pike th Enterprises, Inc.’s October 18, 2005 application presented at this meeting, WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Turn Pike Enterprises, Inc., and the Town Board conducted a hearing concerning the variance/waiver th request on November 28, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and TOWN BOARD MEETING 11-29-2005 MTG. #52 163 b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Turn Pike Enterprises, Inc.’s sewer connection variance/waiver application concerning the Glen Drive-In property located 983 State Route 9 at , Queensbury (Tax Map No.: 296.13-1-20) for a variance/waiver from § Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and grants year extension a 2 of time in which to connect the Glen Drive-In property located at 983 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None 5.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 6.0PRIVILEGE OF THE FLOOR Mr. Pliney Tucker-Pliney Tucker, 41 Division Rd. Resolution 8.4 what is the reason they are postponing? Councilman Boor-They have a lot more equipment and it is only half built out so rather than put the top coat on now and have it get messed up they are going to wait. Mr. Tucker-Are they supposed to do it now? Councilman Boor-They were supposed to, there is an escrow account. Mr. Tucker-Noted a similar situation where a company went bankrupt, the town ended up with it. TOWN BOARD MEETING 11-29-2005 MTG. #52 164 Supervisor Stec-We have an escrow. Councilman Boor-The only thing that was a concern to me Pliney when this was set up the price of oil and asphalt might have been less than what it might be a year from now, so the question is, is the escrow account ample enough should they go under. It is hard to say. Mr. Tucker-Article in Newspaper-placing power and cable tv underground, it said the Town Board is going to pay for the design? Supervisor Stec-Yes, the additional cost above what it would have cost them to design just moving it, approximately nine thousand dollars additional. Mr. Tucker-Re: Crandall Library How much will the seven million cost the town over a thirty year period? Budget Officer Switzer-We do not know what the borrowing rates that the library is going to get. Mr. Tucker-That will happen in the next year or so? Budget Officer Switzer-It depends on how quickly they move forward with the whole project. Mr. Tucker-The Highway Dept. did some work at Queensbury School, and you were to see if you could find the resolution authorizing it. Budget Officer Switzer-I did not find a resolution… Supervisor Stec-It is my understanding that it is a very old arrangement… Town Counsel Hafner-Noted an intermunicipal agreement is perfectly allowed. Supervisor Stec-If we cannot find one asked Town Counsel to contact Larry Paltrowitz and I will contact Dr. Howard…if we cannot find this we will enter into another agreement. Mr. Tucker-Requested that if it has to be redone he wants to see it in black and white. Town Counsel Hafner-Noted he would put the Statute reference in the resolution. Mr. John Salvador-I think you will find that there is absolutely no authorization in the law for the Highway Supt. to do any work any where except on Town Highways. RE: Library Cost/funding-why don’t we pick a number within a range that they might be able to finance this at and make a calculation as to what it might cost us if the interest rate is this number, just an example. Budget Officer Switzer-We can do that if the Town Board wants me to. Councilman Boor-It has passed the vote, we could probably guess and we could come close to finding out but I do not know what it does for us. Mr. Salvador-Three weeks ago a resolution was adopted authorizing the Town Supervisor and Town Attorney to enter into a settlement agreement with us over our excess taxes we have been paying since 1996. To this date I have not heard a thing, Town Counsel Hafner-It sounds to me what I heard is different than what you are saying the facts are. After the last meeting we prepared a proposed stipulation we forwarded it last week to Mr. Salvador’s Attorney and the School District’s Attorney. My partner told me tonight that he said that he talked with Mr. Salvador’s Attorney and that he was told so we understand that Mr. Salvador was given a copy today and said review and give me TOWN BOARD MEETING 11-29-2005 MTG. #52 165 a call tomorrow with your comments. If that is not the case call your Attorney and get it from him tomorrow. Mr. Salvador-That is the case and that particular communication ends with please bear in mind it is the subject of revision by the school attorney. I thought we had a settlement rd agreement, now it is subject to revision as of the 23 of November. Councilman Boor-What portion is subject to revision. Town Counsel Hafner-The same portions that are subject to revision to his attorney, any comments that they might make that they think is not consistent with the agreement that we entered into. I do not think it will be anything substantive. Mr. Salvador-Meanwhile the interest meter is running the taxpayers of this town pay the interest. To date the Queensbury Regional Chamber of Commerce has not received an answer to its F.O.I.L. request concerning the membership record of the Crandall Library. Noted there are other F.O.I.L. requests that I have submitted and I understand that these are also before the Town Board. Res. 8.21 is granting authorization to disclose up to 20 comparable assessments for Mr. Brothers. Councilman Boor-Questioned if we are singling out just one individual? Town Counsel Hafner-It is the Town Board’s decision. Councilman Brewer-He is the only one that made an appeal. Town Counsel Hafner-You can’t answer an appeal until one is made. Councilman Boor-I do not want to do this every time somebody seeks it, I thought it was going to be a one time twenty. Mr. Salvador-I submitted a request for one specific comparable sale sheet, I have not gotten an answer yet. Supervisor Stec-It will be acted on. Mr. Salvador-At a November meeting of the ZBA, the Great Escape has an application before the Board for sign variances, variance from what? Noted there had been a site plan review of the project which should have included signs. I think it is incumbent upon this Town to send that organization to the Planning Board for site plan review of the various signs they want to put on the building. Supervisor Stec-Is there anyone else that would like to address the Board this evening? Mr. Underwood-I have a short request from the Queensbury Land Conservancy Board – We will be conducting a finishing up the trails on the VanDusen Property this Saturday and Leon Steves wanted me to ask your permission of the Town Board, we intend to finish the project as far as putting the berm across and if we have a non winter as it is appearing to be, we may do that before winter sets on. John Strough and I have previously marked the section of the trail that will extend from Indian Ridge over to where the berm will cross the water through the school property, we wanted to make sure if it was ok if we mopped up that trail and did the initial cutting on there. Supervisor Stec-I cannot imagine that we would have a concern about that other than the obvious do we need to worry about insurance. Conceptually we want to make it as easy for the volunteers as possible. Mr. Underwood-We are aware of the liability issue so we are not allowing the public to use power tools only people that are trained in there use are going to be using them. That should not be a problem and our insurance will absolve the Town of any problems with that as far as I know. TOWN BOARD MEETING 11-29-2005 MTG. #52 166 Councilman Boor-Bob do you foresee anything that we need to do as a Board in order for them to move forward? Town Counsel Hafner-Normally the procedure is they come and ask, you may pass a resolution authorizing what he is talking about contingent on him providing the insurance coverage. Supervisor Stec-We will look to see if there is a blanket resolution if not a resolution will be forthcoming. Noted the Town will need proof of their insurance. I have a question does QLC want to get into the business of holding easements? Mr. Underwood-Well, we did discuss at length the one that was brought up this evening at Bay Meadows, over the course of the last year we have had several other properties that have been proposed, it becomes incumbent on us as well as you, we cannot accept every piece of property that someone wants to give us, and it takes time and effort to fully consider the implications of it are. I think part of what we are running into is, some of the developers with the PUD’s are looking to basically it they have un-developable property they want to give it up. We do not feel that is a viable thing to do. The ones that we think fit into the pieces of the puzzle that we are trying to do in corridors are important and we do consider those but this one was sort of by itself and did not appeal to us in its form. Supervisor Stec-Asked for further comment, moved onto Town Board Discussions. 7.0TOWN BOARD DISCUSSIONS Councilman Brewer-None Supervisor Stec-Wished Councilman Brewer a speedy recovery. Councilman Strough- 1. Bravo to the Post Star – on the Master Plan Update Article – the process is ongoing and the input is from the residents of the community - next th meeting December 6 7-9 pm Queensbury High School Large Instruction Room Protection of Special Places and Resources a discussion on natural, scenic, cultural, historic resources including locations of resources and opportunities and approaches to th protection - Next Meeting December 13 regarding housing and neighborhoods same location 7 -9P.M. Noted there will be other meetings…. 2. Some communities in Florida have a school impact fee on new housing… Councilman Turner-None Councilman Boor-In regards to the meetings coming up hopefully everybody will be attending those because they are important what comes out of those is going to greatly shape how we look in the future. Supervisor Stec-1. Thanked Marilyn and the Chairman of the Planning Board for drumming up news on the Master Plan Update…eight years is about right to do an update…we encourage public participation…2. Noted West Mountain road was re- stripped no passing…still looking to lower West Mountain Speed limit, noted he had a meeting with DOT and Theresa Sayward and they are going to do another comprehensive look at it from pedestrian/bikeway angle 3. Meeting at Warren County that the Utility Companies were invited to we made it clear to them that the Town hasn’t be kidding that is where the $9,000 for additional design…the County is more in tune with the Towns st needs…they are doing the design work right now by February 1 they are on the hook to have the design completed. 4. Thanked TV8 and Glens Falls National Bank for sponsoring the broadcast of the Town Board Meetings again the Town’s Website is second to none www.queensbury.net Bob Keenan and Ryan Lashway have done a great job on the web site. 8.0RESOLUTIONS TOWN BOARD MEETING 11-29-2005 MTG. #52 167 RESOLUTION SETTING HEARING ON NORTH COUNTRY IMPORTS, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ITS PROPERTY LOCATED AT 616 QUAKER ROAD, QUEENSBURY RESOLUTION NO.: 541, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, North Country Imports, Inc., has applied to the Town Board for a § one-year extension variance/waiver from 136-44 for a of the Town’s connection requirements to connect its property to the Town’s South Queensbury – Queensbury AvenueSewer District, as the existing on-site leachfield is working properly and additional time is needed for the applicant to engage the services of a contractor at a more reasonable th price, as more fully set forth in North Country Import’s Inc.’s November 14, 2005 application presented at this meeting, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board will hold a hearing on December 5, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider North Country Imports, Inc.’s sewer connection variance/waiver application 616 Quaker Road concerning its property located at , Queensbury (Tax Map No.: 303-10- 1), 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 North Country Imports, Inc., as required by law. TOWN BOARD MEETING 11-29-2005 MTG. #52 168 th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 542, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury Cemetery Commission has reviewed the fees presently being charged by the Town of Queensbury Pine View Cemetery and Crematorium for various services including lot purchases, cremation and refrigeration rental services and has recommended revisions to these fees, and WHEREAS, the Cemetery Commission has requested Town Board approval for such fee revisions as set forth in the Commission’s Memorandum to the Town Board, with proposed new fee schedule, dated November 2, 2005 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the new fee schedule for services provided at the Pine View Cemetery and Crematorium as presented at this meeting, and BE IT FURTHER, st RESOLVED, that the new fees shall take effect as of January 1, 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Cemetery Superintendent to take any and all action necessary to effectuate the new fee schedule. TOWN BOARD MEETING 11-29-2005 MTG. #52 169 th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Stec, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Boor RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF TIME FOR T&B ASSOCIATES, LLC TO INSTALL TOP-COURSE OF ASPHALT ON ROADS IN FARMINGTON GROVE SUBDIVISION RESOLUTION NO. 543, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 516.2003, the Queensbury Town Board accepted T & B Associates, LLC’s (T&B) offer to dedicate to the Town of Queensbury three roads, Berry Patch Drive, Blueberry Terrace and Farmington Place, in the Farmington Grove Subdivision, and WHEREAS, such Resolution stipulated that T&B install the top course of asphalt on st the roads by December 1, 2005, and WHEREAS, the Town Highway Superintendent has advised that T&B has not installed the top course of asphalt on the roads, and th WHEREAS, by letter dated November 7, 2005 and presented at this meeting, T&B has requested that the Town Board authorize a one-year extension in which T&B must install the top course of asphalt on the roads as the Farmington Grove Subdivision is only 50% complete and construction equipment is still in the subdivision, and WHEREAS, the Town Highway Superintendent has recommended that the Town Board grant the one-year extension to T&B, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year st extension or until December 1, 2006 for T & B Associates, LLC to install the top course of TOWN BOARD MEETING 11-29-2005 MTG. #52 170 asphalt on Berry Patch Drive, Blueberry Terrace and Farmington Place in the Farmington Grove Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a certified copy of this Resolution to the Town Highway Superintendent and T & B Associates. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Are we still holding the escrow account? Budget Officer Switzer-We do not release the escrow account until you do so by approval of the top course and a letter from the Highway Superintendent. Town Counsel Hafner-It is my understanding that the Highway Superintendent recommended that you approve this. RESOLUTION AUTHORIZING GRANT APPLICATION FOR FUNDS TO PURCHASE LARGE FORMAT DOCUMENT SCANNER/COPIER/ PRINTER TO BE USED FOR ELECTRONIC RECORDS MANAGEMENT RESOLUTION NO: 544, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Records Clerk has advised the Town Board that a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) is now available to provide funding to the Town for the purchase of a large format document scanner/copier/printer to be used for electronic records management, and WHEREAS, the Town Board wishes to authorize an application for these grant funds, TOWN BOARD MEETING 11-29-2005 MTG. #52 171 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Records Clerk to apply for a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the purchase of a large format document scanner/copier/printer to be used for electronic records management and take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION FOR FUNDS TO BE USED FOR CONVERSION OF VITAL RECORDS FROM MICROFILM TO LASERFICHE RESOLUTION NO: 545, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Records Clerk has advised the Town Board that a Local Government Records Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) is now available to provide funding to the Town for the conversion of vital records from microfilm to laserfiche, and WHEREAS, the Town Board wishes to authorize an application for these grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Records Clerk to apply for a Local Government Records TOWN BOARD MEETING 11-29-2005 MTG. #52 172 Management Improvement Fund Grant from the New York State Education Department State Archives and Records Administration (SARA) to be used by the Town for the conversion of vital records from microfilm to laserfiche and take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Would like to get from TV8 digital copies of the Town Board meetings, if we wanted to we could make our last public meetings available to the public on the web site on demand. RESOLUTION SETTING PUBLIC HEARING ON BRADFORD NERON’S APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 546, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Bradford Neron has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 11 East Drive, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th December 19, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bradford Neron’s application for a "Mobile Home Outside of a TOWN BOARD MEETING 11-29-2005 MTG. #52 173 Mobile Home Court" Revocable Permit on property situated at 11 East Drive, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing presented at this meeting as required by law. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING BRUCE OSTRANDER AS TOWN OF QUEENSBURY WATER SUPERINTENDENT RESOLUTION NO. 547, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Water Superintendent recently retired after over 30 years of dedicated service, and WHEREAS, Bruce Ostrander, the Town’s Deputy Water Superintendent, has worked in the Water Department since 1983, serving as Deputy since 1998, and WHEREAS, the Town Board wishes to appoint Mr. Ostrander as Water Superintendent on a provisional basis until such time as Mr. Ostrander successfully completes the Water Superintendent’s Civil Service Exam, and WHEREAS, Mr. Ostrander has been acting as Water Superintendent since October st 31, 2005 and with such position went an increase in salary, and WHEREAS, through an oversight, the salary was not precisely established as of such date, and TOWN BOARD MEETING 11-29-2005 MTG. #52 174 WHEREAS, the Town Board needed to determine the exact amount of such salary since the salary of the prior Water Superintendent was based on a combination of the position, his experience, longevity and other factors, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Bruce Ostrander as Water Superintendent, a Grade 10M overtime exempt position in the Town’s Non-Union st Position/Grade Schedule, effective October 31, 2005, on a provisional basis until such time as Mr. Ostrander successfully completes the Water Superintendent’s Civil Service Exam and meets any other Civil Service requirements for the position, and BE IT FURTHER, RESOLVED, that the Town Board further sets Mr. Ostrander’s annual salary at st $67,000, such salary to be effective October 31, 2005, the effective date of Mr. Ostrander’s appointment, and Mr. Ostrander’s annual salary for 2006 shall remain at $67,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPOINTING MICHAEL SHAW AS TOWN OF QUEENSBURY WASTEWATER DIRECTOR RESOLUTION NO. 548, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION TOWN BOARD MEETING 11-29-2005 MTG. #52 175 SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Wastewater Director recently retired after over 30 years of dedicated service, and WHEREAS, Michael Shaw, the Town’s Deputy Wastewater Director, has worked in the Wastewater Department since 1986, serving as Deputy since 1992, and WHEREAS, Mr. Shaw successfully completed the Wastewater Director’s Civil Service Exam and therefore he can be appointed as Wastewater Director non-provisionally, and WHEREAS, the Town Board wishes to appoint Mr. Shaw as Wastewater Director, and st WHEREAS, Mr. Shaw has been acting as Wastewater Director since October 31, 2005 and with such position went an increase in salary, and WHEREAS, through an oversight, the salary was not precisely established as of such date, and WHEREAS, the Town Board needed to determine the exact amount of such salary since the salary of the prior Wastewater Director was based on a combination of the position, his experience, longevity and other factors, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Michael Shaw as Wastewater Director, a Grade 9M overtime exempt position in the Town’s Non-Union st Position/Grade Schedule, effective October 31, 2005, such appointment being a “non competitive promotion” entitled to exemption according to the Warren County Department of Civil Service, and BE IT FURTHER, RESOLVED, that the Town Board further sets Mr. Shaw’s annual salary at st $61,260, such salary to be effective as of October 31, 2005, the effective date of Mr. Shaw’s appointment, and Mr. Shaw’s annual salary for 2006 shall remain at $61,260, and BE IT FURTHER, TOWN BOARD MEETING 11-29-2005 MTG. #52 176 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF FRANK LOPEZ FROM WATER PLANT OPERATOR I TO WATER PLANT OPERATOR II AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 549, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Superintendent and Civil Engineer have recommended that the Town Board authorize the promotion of Frank Lopez from Water Plant Operator I to Water Plant Operator II at the Town’s Water Treatment Plant as Mr. Lopez has passed the departmental test for the position, has the required job experience rd and will have met all requirements for the position as of December 3, 2005, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Frank Lopez from Water Plant Operator I to Water Plant Operator II at the th Town Water Treatment Plant effective December 5, 2005 at the rate of pay specified in the Town’s CSEA Union Agreement for the position for the year 2005, and BE IT FURTHER, TOWN BOARD MEETING 11-29-2005 MTG. #52 177 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Civil Engineer and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF RYAN LASHWAY FROM ASSISTANT COMPUTER TECHNOLOGY TO TECHNOLOGY COORDINATOR RESOLUTION NO. 550, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 127,2004, the Queensbury Town Board appointed Ryan Lashway to the full-time, permanent position of Computer Technology Assistant, and WHEREAS, the Town’s Director of Information Technology has recommended the provisional promotion of Mr. Lashway to the currently vacant position of Technology Coordinator as Mr. Lashway has the required job experience and credentials for the Technology Coordinator position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Ryan Lashway from Computer Technology Assistant to Technology Coordinator, a full-time, permanent, overtime-eligible and Grade 6 position within the Town of Queensbury’s Non-Union Position Grade Schedule, on a provisional basis subject to TOWN BOARD MEETING 11-29-2005 MTG. #52 178 successful completion of: 1) a six month probation period; 2) Warren County Civil Service th Exam, if applicable, and 3) any other Civil Service rules effective November 29, 2005, and BE IT FURTHER, RESOLVED, that Mr. Lashway shall be paid an annual salary of $42,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Information Technology and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION SETTING ANNUAL SALARY FOR DIRECTOR OF PARKS AND RECREATION RESOLUTION NO. :551, 2005 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 460,2005 the Queensbury Town Board appointed Steven Lovering as the Town’s Director of Parks and Recreation, and WHEREAS, with such appointment went an increase in salary but through an oversight, the salary was not precisely established as of the date of appointment, and WHEREAS, the Town Board needed to determine the exact amount of such salary since the salary of the prior Parks and Recreation Director was based on a combination of the position, the former Director’s experience and longevity, and other factors, and TOWN BOARD MEETING 11-29-2005 MTG. #52 179 WHEREAS, the Town Board wishes to set the salary for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and sets the annual salary for Steven Lovering as full-time Director of Parks and Recreation, a Grade 8M overtime exempt position in the Town’s Non-Union Position/Grade Schedule, at st $49,593, such salary to be effective as of October 1, 2005, the effective date of Mr. Lovering’s appointment as Parks and Recreation Director, and BE IT FURTHER, RESOLVED, that Mr. Lovering’s annual salary for 2006 shall remain at $49,593, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING LORI O’SHAUGHNESSY AS RECREATION PROGRAM SPECIALIST RESOLUTION NO. 552, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Recreation Program Specialist position is currently vacant, and TOWN BOARD MEETING 11-29-2005 MTG. #52 180 WHEREAS, on behalf of the Town’s Recreation Commission, the Parks and Recreation Director and the Recreation Commission’s Personnel Committee advertised for candidates for the vacant position, conducted interviews and have made a hiring recommendation, and WHEREAS, the Recreation Commission has appointed Lori O’Shaughnessy as the Town’s new Recreation Program Specialist and requested that the Town endorse this appointment, and WHEREAS, the Town Board concurs with the Parks and Recreation Director and Recreation Commission’s hiring recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby endorses the appointment of Lori O’Shaughnessy as Recreation Program Specialist, an overtime exempt and Grade 5 position within the Town of Queensbury’s Non-Union Position Grade Schedule, effective th December 12, 2005 or the date thereafter that she commences in such position, on a provisional basis subject to her successful completion of: 1) a six month probation period; 2) Warren County Civil Service Exam, if applicable, and 3) any other Civil Service rules, and BE IT FURTHER, RESOLVED, that Ms. O’Shaughnessy shall be paid an annual salary of $32,366, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None TOWN BOARD MEETING 11-29-2005 MTG. #52 181 RESOLUTION APPOINTING LEESA STILLER AS EXECUTIVE ASSISTANT TO TOWN SUPERVISOR RESOLUTION NO. 553.2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Lori O’Shaughnessy, the Town Supervisor’s Executive Assistant, has th submitted her resignation effective December 12, 2005 so that she may accept the position of Recreation Program Specialist, and , WHEREASthe Town Board accepts with regret the resignation of Ms. O’Shaughnessy and hereby expresses its gratitude to her for her dedicated service to the Town as Executive Assistant to the Supervisor, and WHEREAS, the Town Supervisor wishes to appoint a replacement to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Supervisor’s appointment of Leesa Stiller to the position of Executive Assistant effective th December 12, 2005, an overtime exempt and Grade 5 position within the Town of Queensbury’s Non-Union Position Grade Schedule, on a provisional basis subject to her successful completion of an employment physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that Ms. Stiller shall be paid an annual salary of $33,500 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. TOWN BOARD MEETING 11-29-2005 MTG. #52 182 th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPOINTING JOANNE WATKINS AS TOWN PURCHASING AGENT RESOLUTION NO.: 554, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the 2005 Town Budget has a regular stipend of $4,224 for the position of Purchasing Agent, and WHEREAS, Lori O’Shaughnessy, the Town’s Purchasing Agent for 2005, is resigning from such position, and WHEREAS, the Town Board appreciates the outstanding and proficient service provided to the Town by Ms. O’Shaughnessy in her capacity as Purchasing Agent, and WHEREAS, the Town Board wishes to fill the part-time position of Purchasing Agent for the remainder of 2005 by appointing Joanne Watkins to such position in addition to her full-time position as Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joanne Watkins as th Town of Queensbury Purchasing Agent effective November 28, 2005 and authorizes and directs that Ms. Watkins be paid a pro-rated share of the $4,224 stipend for such position for 2005 in addition to her annual salary for the Accountant position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. TOWN BOARD MEETING 11-29-2005 MTG. #52 183 th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Noted this is the same stipend as it was when this was handled in the Supervisor’s Office…this position is now being moved into the Accounting Office. Councilman Boor-To me this seems like it always should have resided in the Accounting Office, I do not know why there is a stipend for it, why isn’t a part of the accounting process? Budget Officer Switzer-It can be by law it does not have to be outside of the department, but if it is a Comptroller it cannot be part of the department because the duties of the Comptroller would conflict with the Purchasing Agent being in there. The duties that the whole purchasing agent encompasses in my opinion either someone salary should increase for those because of the whole purchasing function that they are undertaking or there should be a stipend. Reviewed the history of the purchasing agent. Councilman Boor-I can understand somebody who is receiving very little compensation from the Town would not want to take on additional responsibilities without a stipend, however when we go into your department and people are paid considerably more and I would think that would be a natural place for this thing to be done, I am not sure why this stipend follows it full circle back to where it originated from. Budget Officer Switzer-I do not think the salary of the original individual should have anything to do with the worth of the position at the time. My request is we will take on this function back into our office for this stipend, otherwise it can remain with the administrative assistant. Councilman Strough-I think we should approve this, for this year but I also think that somehow we should get that back into your office in some kind of a permanent nature. Supervisor Stec-You are saying if this comes back in as an additional duty on one of your employees that employee should be compensated additionally for that. Budget Officer Switzer-I think it is something, the whole idea of the purchasing agent needs to be taken more seriously in the town it is one of the biggest criticisms that the town has received by the New York State Comptrollers Office. John recently at a meeting was asking about purchasing functions in general are we taking advantage, are we contacting the school, is there inter-municipal cooperation between us and the County, and the School District and right now none of that is going on because no one has the training or the time to look at those issues. Councilman Boor-And that is going to take place now? Budget Officer Switzer-Yes. Councilman Boor-How will we see the results? Budget Officer Switzer-We have joined SAMPO the State Association of Municipal Purchasing Officers, there are seminars that Joann is eligible to attend, she can take it a step further and become an Authorized Purchasing Agent for the Town through classes that are held through the Comptrollers Office. Councilman Boor-If this is passed and she gets the additional education and ability are we to anticipate that the stipend will go up because she will be better at this? Budget Officer Switzer-No, my feeling of bring it back into our office is so that the turnover goes away. So, if there is a new Supervisor every two years there isn’t a new purchasing agent. Councilman Boor-So, this stipend isn’t subject to three percent like all the other stipends. Budget Officer Switzer-I have no plans for increasing this tremendously. Supervisor Stec-Noted at budget time he did not put in for a three percent increase. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 TO ESTABLISH YIELD INTERSECTIONS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TOWN BOARD MEETING 11-29-2005 MTG. #52 184 RESOLUTION NO. 555, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a provision to add yield intersections and signs located within the Town of Queensbury, and more specifically, to add a yield intersection and sign at the intersection where Schoolhouse Road enters June Drive, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th on Monday, December 19, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None LOCAL LAWS AND ORDINANCES\Ordinance No. 28 – Add Yield Intersections – December 2005 TOWN BOARD MEETING 11-29-2005 MTG. #52 185 AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 TO ESTABLISH YIELD INTERSECTIONS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury entitled “Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York”, is hereby amended as follows: A. The title of Ordinance No. 28 is amended to read, “Ordinance Establishing Through Highways and Stop and Yield Intersections in the Town of Queensbury, County of Warren, State of New York.” B. The following new Sections 5 and 6 are added, and the subsequent Sections of Ordinance No. 28 are re-numbered accordingly: SECTION 5. Yield Intersections Pursuant to Section 1660(a)(1) of New York Vehicle and Traffic Law, yield intersections are established within said Town of Queensbury as follows: a. Schoolhouse Road where it intersects with June Drive b. Sherwood Avenue where it intersects with Pinewood Road. SECTION 6. Yield required Pursuant to Section 1142(b) of New York Vehicle and Traffic Law , the driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for existing conditions, or shall stop if necessary as provided in Section 1172(b) of New York Vehicle and Traffic Law , and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. If such driver is TOWN BOARD MEETING 11-29-2005 MTG. #52 186 involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way. SECTION 2. This Amendment shall take effect 10 days after its publication; provided, however, that such Amendment shall not be effective until signs giving notice thereof are posted in compliance with Section 1683(a) of the New York Vehicle and Traffic Law. RESOLUTION AMENDING 2005 NEW YORK STATE RETIREMENT BUDGET RESOLUTION 556.2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in July of 2004 Governor Pataki and the State Legislature passed changes to Chapter 260 of General Municipal Law affecting a change in the payment due date for pension contributions, various financing options for these payments, and establishing a new retirement contribution reserve fund, and WHEREAS, in January of 2005 the New York State Comptroller’s Office revised the 2004 bulletin and as a result the Town of Queensbury is required to recognize expenditures for required contributions to the New York State and Local Retirement Systems that are not due until the following fiscal year but are attributed to the current fiscal year, and WHEREAS, the Town of Queensbury has available 2005 appropriated fund balance and state retirement reserve funds in the General, Cemetery, Highway, Wastewater, Water and Landfill funds as of October 28th, 2005 which the Town Board wishes to utilize to amend the 2005 budget as follows: ? 001-9010-8010 increase by $88,875 ? 002-9010-8010 increase by $10,769 ? 004-9010-8010 increase by $64,893 ? 032-9010-8010 increase by $3,997 ? 040-9010-8010 increase by $24,388 TOWN BOARD MEETING 11-29-2005 MTG. #52 187 ? 910-9010-8010 increase by $7,812 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board further authorizes and directs the Budget Officer to transfer funds, amend the 2005 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. th Duly adopted this 28 day of November, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None Discussion held before vote: Budget Officer Switzer-Basically when the State of New York revised the retirement payment due dates, they had some accounting requirements in there, they changed that subsequent to their first draft of how they wanted municipalities to address the expensing of retirement but that was in the midst of our budget we had already passed our budget and therefore we have to increase the budget line item for the retirement in order to have enough in the budget to pay retirement that will be expended this year. RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED INCREASE IN ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT RESOLUTION NO.: 557, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board adopted the Year 2005 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town’s proposed 2005 prioritized short and long-term Capital Projects, and WHEREAS, by Resolution No.: 69,2003, the Town Board authorized creation of the Routes 9 and 254 Traffic Improvements Capital Project Fund #137 and transferred into such Fund $100,000 by interfund loan until the Town received Federal and Non-Federal Funds in the amount of $100,000, and TOWN BOARD MEETING 11-29-2005 MTG. #52 188 WHEREAS, by Resolution No.: 446,2004, the Town Board authorized an additional sum of $124,000 from Fund #64 to cover the additional cost of participation in the preliminary engineering phase of the Project, and WHEREAS, the Executive Director of Community Development has requested $34,000 in additional funds to pay for engineering services provided to the Town by Stantec Consulting Group, Inc., as outlined in her Memorandum to the Town Board dated st November 21, 2005 and presented at this meeting, and WHEREAS, such additional costs shall not exceed the amount of $34,000 and are requested to be a part of the Routes 9 and 254 Traffic Improvements Capital Project and financed through the Capital Reserve Fund, and WHEREAS, the total for the Routes 9 and 254 Traffic Improvements Capital Project Fund #137 after the additional transfers from the CIP fund will be $258,000, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and therefore the Town Board wishes to schedule a public hearing concerning the proposed increase in the Routes 9 and 254 Traffic Improvements Capital Project Fund #137 as currently listed on the Town’s approved CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th December 19, 2005 to hear all interested persons and take any necessary action provided by law concerning the proposed $34,000 increase in the proposed Routes 9 and 254 Traffic Improvements Capital Project Fund #137, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None TOWN BOARD MEETING 11-29-2005 MTG. #52 189 Discussion held before vote: Councilman Boor-Marilyn the State is the lead agent on this correct? Executive Director Ryba-Correct. Councilman Boor-Does any of this get recouped? Executive Director Ryba-We will see in the resolution after the public hearing there will be a separate resolution to amend the contract, I believe it will be a 80% refund. RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 558, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills nd presented as the Abstract with a run date of November 22, 2005 and a “from pay due date 11/21/2005 to 11/21/2005,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a nd run date of November 22, 2005 and a “from pay due date 11/21/2005 to 11/21/2005,” numbering 25-514200 through 25-556200 and totaling $1,311,665.34, 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 28 day of November, 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.: 559, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough TOWN BOARD MEETING 11-29-2005 MTG. #52 190 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: ACCOUNTING FROM: TO: $ AMOUNT: 001-5410-2899 001-9950-9040 1,223 (Sidewalks-Capital) (Transfer to Projects) 001-9950-9040 151-5410-2899 1,223 (Transfer to Projects) (Sidewalk Cap. Project) 001-1355-4740 001-1420-4133 19,000. (Article 7 Appraisals) (Article 7 Legal Fees) CEMETERY FROM: TO: $ AMOUNT: 002-8810-2899 002-8810-4500 530. (Misc. Cap. Const.) (Heating Fuel) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-8020-2010 001-8020-4010 750. (Office Furniture) (Office Supplies) th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None TOWN BOARD MEETING 11-29-2005 MTG. #52 191 RESOLUTION GRANTING APPEAL WITH LIMITATIONS AND AUTHORIZING DISCLOSURE OF UP TO TWENTY (20) COMPARABLE ASSESSMENTS RESOLUTION NO.: 560, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering an appeal by Peter Brothers to the correct decision by the Queensbury Town Clerk to deny his Freedom of Information Law (FOIL) request for the disclosure of many hundreds of comparable thth assessments dated July 8, 2005and amended by Mr. Brothers in his letter dated July 18, 2005, and WHEREAS, it has been established by Town Counsel with the unambiguous concurrence of Mr. Robert Freeman of the New York State committee for Open Government that the Assessor’s “comparable sheets” are not subject to FOIL, and WHEREAS, Queensbury Town Code §133-9, explicitly prohibits release of non- FOILable information but provides that following a written appeal made to the Town Board, the Town Board may grant such appeal, and th WHEREAS, at a Town Board Workshop meeting held on October 24, 2005, the subject of this FOIL request was discussed at great length and the Town Board instructed Mr. Brothers that he needed to submit a written appeal limited to 20 properties if he wished to pursue the matter, and th WHEREAS, a letter dated October 27, 2005 purporting to be an appeal of the Town Records Officer’s refusal of a FOIL request from Mr. Brothers was received by the th Town Clerk on November 7, 2005, and WHEREAS, the Town Board wishes to grant the appeal with limitations and authorize the disclosure of up to twenty (20) comparable assessments, and WHEREAS, Mr. Brothers filed with the Town Board and Town Clerk a written appeal with a list of properties for which he seeks comparable assessment sheets, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Assessor to release the comparable assessment sheets that are in the Assessor’s TOWN BOARD MEETING 11-29-2005 MTG. #52 192 th records for those properties listed on Mr. Brothers’ appeal letter dated October 27, 2005 th and received by the Town Clerk on November 7, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Clerk to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of November, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Turner, Mr. Stec NOES : None ABSENT : None 9.0 ACTION OF RESOLUIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 10.0 ATTORNEY MATTERS Town Counsel Hafner-1.I think the Purchasing Agent has to be an appointed position, I will check into that. 2. Nimo Property - Niagara Mohawk Attorney hopes to have the paper work before the end of the week if not he will call. 3. Great Escape, you passed a resolution about $65,000 with contingencies we have agreements that look ok but it does not have the property done until we hear that you guys are satisfied we are not going another step. Councilman Boor-John Lemery called me and I thought I did a reasonable job of explaining what the board is looking for I said if you have questions give John Strough a call certainly he is heading up the bike trail issue we would prefer to have the property deeded to us. I think an easement might be problematic for you because we cannot tell you where we need it yet. The ball was in their court. Councilman Strough-Dan did you tell John in a conversation that Mr. Collins had promised to deed that property over to us? Supervisor Stec-He knows that. Town Counsel Hafner-No, he denied it to me. Councilman Boor-He denied it that is why I had an issue with him, and I said maybe you should talk to Councilman Strough. Town Counsel Hafner-I have a fourth thing that I think you will be interested in Roger, just to report to you, the Town gets map, plans and reports for proposed sewer district extension and I do not normally bring them up to you until after we review them but this is one that relates to a project that has been of some controversy among the boards, we received on from Mike O’Connor which relates to the Cedars and to the property across the street. It is a proposed sewer district extension I have been asked by Mike Shaw to review it and give my comments as Counsel. After we give our comments I wanted you to know that the next stage is that they will file one with Darleen they will give us a copy, Mike a copy and each of you one. Noted the letter received tonight said that they TOWN BOARD MEETING 11-29-2005 MTG. #52 193 received a letter from Francis Kelly, on behalf of Surrey Fields indicating that if the Town approves our proposed extension they wish to hook into same as an out of district contract customer. His first letter was the direct opposite. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 561.2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 28 day of November, 2005 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury