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2006-07-03 MTG24 REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 355 TOWN BOARD MEETING MTG #24 July 3, 2006 RES 328-339 7:04 P.M. BOH 17-18 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SUPERINTENDENT OF WATER DEPARTMENT, BRUCE OSTRANDER WATER DEPARTMENT ENGINEER, CHRIS HARRINGTON PRESS TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD SANFORD Supervisor Stec requested a moment of silence in memory of a Town employee Gary Grant 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 328, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 3rd, day of July, 2006, by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: none Absent: none QUEENSBURY BOARD OF HEALTH Supervisor Stec- We are in the Board of Health this is a resumption of a public hearing that we left open. REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 356 Town Clerk Dougher- The public hearing has been closed Supervisor Stec- You are right. I stand corrected we did close the public hearing. We had asked the applicant to go back, the Town Board wanted to mull it over, a couple of people wanted to visit the site again and then we wanted to also I think at least one Town Board Member suggested that maybe the applicant would come back with modified ideas for us to consider. For purposes of the record, this is a sanitary sewer disposal variance for Anthony Dawson, a property located on Route 9L in the Town of Queensbury. The Board had some concerns with the size of the lot. It was for us to consider a holding tank for a seasonal dwelling on the property again located off of Route 9L. So with that Mr. Dawson and Mr. Lapper I‘ll turn the floor over to you and we will try to wrap this up this evening. John Lapper, Attorney- Good evening, very briefly for the record John Lapper, Tony Dawson. Mr. Dawson came in to see me this week and ask me to assist him in this application. Briefly, the merits of the application are that although it is approximately three tenths of an acre site he is proposing a seasonal dwelling 900 square feet and the terms of impact on the neighborhood he’s proposing to put in a septic holding tank which will be an inconvenience obviously to the property owner but would therefore have no impact on the neighborhood because nothing would be going into the ground. He thinks that, that is fair to the neighbors and good science and he hopes that is acceptable to the Board under the circumstances. He was asked to put signage up and he did but not until the end of the week because of the weather so I don’t know if everybody was able to go take a look at the site. Supervisor Stec- Okay, questions or discussion from the Board to... Councilman Strough- I drove up there. I drove up and down Assembly Point Road all the way to Brayton. I mean it isn’t further north of Brayton. I didn’t see any sign. I looked twice. Supervisor Stec- One comment that I have made, and I don’t know if it is a big deal or not but I thought and I didn’t know the exact answer but I had a hunch of what the answer might be and it may or may not be very relevant to the Board but I believe in everyone boxes this afternoon George Hilton placed and idea because we were concerned obviously it’s a 1 acre zoned area and we all believed I believe everyone believes there’s not a lot of 1 acre parcels in the waterfront 1 acre zone. We did get it and a third of an acre is about 48% of all lots on Lake George that are in the waterfront 1 acre zone are smaller than a third of an acre so if this is running on a third of an acre it’s about the medium for sizes. I know that was one avenue of the discussion, it certainly wasn’t the only avenue of discussion but I said I would try to get that number. Councilman Brewer- I didn’t get my mail Supervisor Stec- That’s alright. So like I said I don’t know how important it is but I… Attorney Lapper- On that issue most people with small lake lots are trying to maximize what they are building and what he is proposing here, to my mind, is very modest because he is not seeking any area variances he is just developing within the building envelope and that’s why it’s only a 900 square foot dwelling which is barely larger than the 800 square foot minimum that’s allowed in the Town of Queensbury so that certainly cuts in his favor that he’s trying do a modest home on a smaller lot. Councilman Strough- Well, we got a smaller lot but it’s also consumed in a significant way by a rock ledge. That’s the reason why he can only have room for a house and not much else a holding tank we are down to a holding tank because there’s no room for a septic system Attorney Lapper- Right and there is not the soils for it either because of the rocks but the holding tank at least makes it that there’s not going to be any impact on neighboring wells Mr. Boor- John I was somewhat the holdout last week I wanted to get a little bit more information on this and I reviewed some documents that have gone back and forth between some PORC Committee Members and reviewed some history and as Dan pointed out on the map here, you got approximately a third of these parcels in the 1 acre zoning that are under- REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 357 sized. But that has been somewhat problematic for this Board. That’s what we are constantly dealing with is these septic variances due to the fact that these are substantially smaller than what the zoning calls for and in the correspondence with the PORC Committee it was clear to me that they were looking at an overlay zone in critical environmental areas predominately along the lakes and I’d be more comfortable waiting to see what their recommendations are because it’s unclear to me if this would open up an avalanche of three- season dwellings which twenty years from now that Town Board would be seeing the conversion of the year-round as we see now. I just want to make sure that we have if we were to go forward and grant this application that we have in place the measures that would assure that it could never go any other way and I’m hoping that perhaps the language of the overlay zone may delineate how that can be done and it’s not to say that this can’t be done but in my mind I don’t think it would be responsible to grant it at this point in time. I think as Mr. Dawson pointed out the lady with the larger parcel that you go by to get to his property she also owns two smaller parcels past him and I don’t know why she wouldn’t be able to come in next week and say hey I’d like to do the same thing. So that’s a concern of mine- setting a precedent that a holding tank is a way in which to build on essentially and under… Attorney Lapper- Just in general Roger, the Lake was developed and subdivided before the 1 acre zoning was put in place so as I was pointed out there are plenty of lots that are less than an acre and I think that when your looking at impacts on neighboring wells and neighboring homes if you weren’t proposing a septic holding tank that would be a very different situation because then you could have an impact. Here is a real inconvenience as I mentioned for the owner because you have to have it pumped out constantly but it’s certainly a way to come to this Board as a compromise and say look this is the only responsible way to develop this lot. If you can’t have a holding tank it basically renders the lot useless because you can’t put any dwelling on it. So… Councilman Boor- Well I’d like to think Mr. Dawson knew that it was not a standard lot when he bought it, and I’m going to go out on a limb here since this isn’t a court of law, this is the Board of Health but you know I’m not certain we are held to the biology of health, in other words, we’re talking about septic systems but I get concerned about over-development and the impacts it has on health whether it be you know, it’s a stretch but you know lots of cars in congested areas near lakes we got oil spills. So, I’m not really of the thinking that super-development in critical environmental areas is good for a lot of reasons. Certainly, the septic is what we are here to talk about tonight but I can think of a lot of other impacts that would affect health in this critical environmental area. Attorney Lapper- That brings up a good point because I know from looking at the minutes of last time that the Board was talking about the size of the structure and the intensity of the use and Tony is willing to go to two bedrooms. He’s trying to compromise and to get this done so he can build this season and he would be willing to restrict it from three bedrooms. It doesn’t make a big difference whether it’s a holding tank, it’s a question of how fast the holding tank fills up, but he would be willing to go to two bedrooms if that would do anything for you Roger in terms of the impact. Councilman Boor- Well, like I say it may very well be that the PORC committee and us, this Board in reviewing their recommendations can come up with something that would afford your client everything he wants to do. I’m just not convinced that our acting on this tonight knowing that in two or three months we are going to be having these recommendations from PORC is responsible on our part. We know they are going to be doing this so I think it’s probably the wise thing to do would to be wait three months. I know it’s inconvenient for Mr. Dawson but if I remember correctly from last week he’s only owned this property for a year anyway. So I think it would be pretty spectacular to be able to buy it and build within a year with the constraints and restrictions that it has on it. So, I don’t think it’s unreasonable for us to wait three months to make sure that we do this correctly. Attorney Lapper- He’d just like to work it out anyway he can with the Board. Supervisor Stec- Any other comments or discussion from Board members? What’s the pleasure of the Board? The public hearing was closed last meeting. What’s the pleasure of the Board? REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 358 Councilman Brewer- My opinion is a holding tank like John said, it literally lets nothing go anywhere. I think that if there was a house proposed here with a septic system I’d have a hard time saying yes but as far as the holding tank I don’t have an issue with that; as long as it has all the bells and whistles. Attorney Lapper-They are required by Code. Councilman Strough- I don’t like the precedent we would be setting. Councilman Sanford-I agree John, my opinion is and I made it the last time we talked about this is and this map actually reinforces my opinion that I had last time. Development took place in a less than desirable manner along Lake George, we should be looking toward the future in improving that situation not perpetuating it and the fact that we have all these sub standard sized lots screams out to me there is a problem why add another one. Councilman Brewer-I think we created this so to speak sub standard lot after the lots were already developed though Richard, I think you have to keep that in mind. Councilman Strough-I think a lot of these lots were created at a time when they were camps, they were really camps. There is no such thing as a camp on Lake George anymore, they are houses they are year around homes. Attorney Lapper- This is pretty close to a camp. Councilman Strough- And you know what, I’m not in favor- I know we have our code enforcement people right out to the hilt. They don’t need to be going out and checking out these homes to make sure that somebody is not in them all four seasons. You know how are we going to enforce that? Supervisor Stec- I think you probably got a vibe from which way the Board is leaning. I’m not sure if you want to withdraw this or if you want the Board to vote on it. It’s really up to you. I’ll give you that opportunity. Attorney Lapper- I guess we can certainly live with Roger’s suggestion to wait until the PORC Committees comes out to see what the impact of that is and hope that we can persuade the Board at that time. Supervisor Stec- Alright, so what I’m hearing that the group consensus here now is to table this indefinitely until we have direction from the PORC Committee which is coming shortly but then after that it will be a zoning rewrite but sometime in the next two or three months we should have a very firm direction. Attorney Lapper- We would like to keep it as an active application and just table it and see if there are recommendations… Supervisor Stec- That’s alright so you are fine with us tabling this indefinitely until Attorney Lapper- For the time being Supervisor Stec- Yeah, later end of summer beginning of fall. Supervisor Stec- Okay I assume that’s agreeable with the Board. Okay. RESOLUTION TO TABLE TO SANITARY SEWAGE DISPOSAL VARIANCE FOR ANTHONY DAWSON RESOLUTION NO. 17, 2006 BOH REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 359 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby tables action on the sanitary sewage disposal variance of Anthony Dawson, property situated off State Route 9L tax map # 239.12-2-91. rd Duly adopted this 3 day of July, 2006 by the following vote: Ayes: Mr. Stec, Mr. Brewer, Mr. Boor Noes: Mr. Sanford, Mr. Strough Absent: none RESOLUTION TO AJOURN QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 18, 2006 BOH INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED that the Queensbury Board of Health hereby adjourns its meeting. rd Duly adopted this 3 day of July, 2006 by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: none Absent: none REGULAR SESSION 2.0CORRESPONDENCE 2.1 LTR June 16, 2006 Town of Queensbury Highway Department 742 Bay Road Queensbury, NY 12804 Attention: Richard Missita, Superintendent Michael Tracy, Deputy Superintendent Gentlemen: REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 360 I recently heard of complaints regarding the Town’s yard waste clean-up program and I wish to offer my strong support for what your department has done for the residents of Queensbury. I find it hard to understand dissatisfaction with the program…the rules are quite simple and the schedule is well defined. Considering the volume of yard waste you handle I’m quite surprised how well you are able to adhere to the schedule. Please know that this taxpayer is very appreciative and thankful for the services your department provides. I can assure you that my Sunset Trail neighbors share in my satisfaction with the yard waste program and hopes that it will continue. Be sure to pass along our many thanks to your work crews for their fine efforts on our behalf. Sincerely, Dennis MacElroy cc: Roger Boor Councilman Sanford- Just a quick question Darleen, in the past maybe I’m wrong on this but my understanding on this is correspondence does not have to relate apparently to business that we are going to be discussing at today’s meeting. Town Clerk Dougher- That’s correct Supervisor Stec- That’s correct Councilman Sanford- Okay, because I thought I recalled one time there was a letter submitted and as correspondence and because it wasn’t a topic it wasn’t considered appropriate to read it into the record, perhaps I’m mistaken. Town Clerk Dougher- Most the correspondence I’m reading is usually from a department head not from outside individuals. They are from departments that they have something they did right or let the public know they’ve done something right. Councilman Boor- They forwarded it Town Clerk Dougher- They forward it to me to be read Councilman Sanford- Okay Supervisor Stec- Okay, a note on that and only because one gentleman spoke at the microphone and pointed out some short comings with our yard waste and the time line of picking it up in a timely manner and it made it in the paper and we got several phone calls on it. I don’t think the Town Board is contemplating ceasing this so I figure we use …. Councilman Brewer- It’s not our decision anyway Councilman Boor- I’ll bring it to a vote. I don’t think… REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 361 Supervisor Stec- I don’t think we will be encouraging the highway department to discontinue it. Certainly anything we can do to make it more efficient we are going to encourage them to do. But, no I think the whole Town Board appreciates the program and we were agreeing that the program isn’t perfect so if we gave the impression that we were thinking of pulling the plug on it I apologize for the Board and for the Town but for those of you who love it out there and I know that there is a lot of you that do I think you can expect it to continue. We’re just trying to make sure that we are asking the right questions to try to make it a better system. So that letter is actually pretty timely. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR Councilman Brewer introduced from the floor a resolution setting hearing on Peter Dykshoorn’s waiver, to be taken up tonight so we do not have to wait another month. Supervisor Stec- We will bring this to the floor later this evening. RESOLUTION SETTING HEARING ON PETER DYKSHOORN’S WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 40 CLARK STREET RESOLUTION NO.: INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, Peter Dykshoorn is requesting a waiver from Town Code 136-44 for connection requirements to connect the Reservoir Park Sewer District for the property located at 40 Clark Street. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, July th 17, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 362 consider Peter Dykshoorn sewer connection waiver concerning the property located at 40 Clark Street, Queensbury (Tax Map No.: 302.17-2-80), 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 the Applicant required by law. Duly adopted this 3rd day of July , 2006, by the following vote: AYES: NOES : ABSENT: 4.0 PRIVILEGE OF THE FLOOR Lou Stone spoke regarding his long time service to the Town of Queensbury, and with great regret he is leaving this area. Noted that the Town should markedly improve the enforcement of the Town code. He stated that we need to increase the role of our compliance staff. We need to use the code to ensure that Queensbury moves in the direction desired by the people and by their elected and appointed officials. The Planning and Zoning Boards must be confident that their decisions are complied with and that ad-lib actions by citizens are monitored to ensure code compliance. Supervisor Stec- Thanks Mr. Stone on behalf of the entire Board for his service to the Town on a multitude of roles. Councilman Strough- Also recognizes Mrs. Stone. He has stated that she has given a lot to this community, the Girl scouts and many other things. They will be missed. Town Judge Robert McNally- Spoke to the Town Board in regards to the use of credit cards for payment of fines in the court system. Noted that several other communities have the system in use and urged the Board to reconsider the use of credit cards in the Town of Queensbury. He believes that this is a service that we should provide to the citizens of the Town of Queensbury. Councilman Brewer- Commented that he would be the first one to support the idea but had some concerns regarding the credit cards fees being left on the taxpayers. Councilman Strough- Questioned if a surcharge is added to anyone using a credit card to cover the cost of the fees? REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 363 Judge McNally- Stated that is would be simple to just add that surcharge to the person using the credit card but apparently that is not permitted. This would have to be cost to the Town Queensbury. Councilman Strough- States that he will consider this option. Councilman Boor- Brought up another issue in the courts. He was approached by an officer of the court concerned about the atmosphere in the court. Judge McNally- Announced that there are security measures in place. John Salvador- Spoke about timeliness of enforcement. We need to enforce the regulations up front for both the Planning and Zoning Boards. Re: Crandall library financing. He does not get the impression that the library really has a plan. We need to give serious consideration to where we move ahead with this library financing. Pliney Tucker- Thanked the Supervisor for the deeds of the property that the Town has received from National Grid. He requested that the Town look into warranty deed that goes with the property. Supervisor Stec- Will Check with Attorney Hafner about the warranty deed. Pliney Tucker- Concerned about the use of Hudson River Park by religious groups. Supervisor Stec- Stated that it is a public park. They are subject to the same rules as everyone else using the park. Councilman Strough- Parks are public forums. 5.0 TOWN BOARD DISCUSSION Councilman Brewer- Condolences to the family and friends of Gary Grant. Wishes everyone a safe and happy fourth of July. Councilman Strough- Talked about the new comprehensive land use plan. It’s very important that we document all the special places in each one of the wards. He put together an outline of some of the significant sites. He handed out the booklet to each of the councilmen for their corresponding wards. Urged the Board members to review the document and make changes and additions. Copies are available at stroughcapital.net. Councilman Sanford- Wishes everyone a safe and enjoyable Independence Day. Also added his condolences to Gary Grant’s Family. Spoke re: the public hearing that he attended at the library on the IDA financing. He did have questions and right from the beginning, the individual who was chairing it was from the IDA stated that he wasn’t there to answer any questions just to take comments. He felt that the meeting would have been more productive if they had made an effort to answer questions. REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 364 Councilman Boor- Wishes everyone a great Fourth! States he is still following the highway on French Mountain. He is up there a couple of times a week. Hopefully there will be some resolution in the courts coming up. Spoke re: meeting that he did not attend in Pilot Knob this past weekend relative to the formation of a village east Lake George. Has been contacted by an individual from Bay Ridge Fire Co. re: districting. Has not receive a phone call or feed back from North Queensbury at this time. States that June and July is the time when they should really start looking at fire budgets. Councilman Sanford- Spoke to Bay Ridge on districting as well as South Queensbury. Commented on the number of volunteer companies that went out to offer their assistance to the communities with a lot worse flooding than we had. Has not talked with North or West. He needs to have a more detailed discussion with Central. Supervisor Stec- He has talked with Central, South, and briefly North, he had not gotten to talk to Bay Ridge or West. He will touch base either this week or th next. Talked about having a workshop on this. July 15 the Town is owed a projected budget from the fire companies. Councilman Sanford- In discussing districting- he believes there has to be serious consolidation and redrawing of boundary lines. He sees very little action and interest in those. He looks at districting as an extreme long shot. He is interested in understanding the budget needs and possible consolidation. Ideally he thinks there should be three fire districts in this Town, North and Bay Ridge, Central and South, and West. Redrawing the boundary lines makes sense, after those are in place districting becomes a meaningful conversation. Supervisor Stec- States that there are two items that are going to be of critical importance to the public when it comes to consolidation. One is the response- quality of service which is critical and the cost to provide that service. Councilman Boor- Encourages all the fire departments to come up with a budget. Supervisor Stec- Calls will be made remind the fire companies to get their budgets in. The contract says that we are supposed to have them in by July th. 15Re: The Adirondack Glens Falls Transportation Council will be holding th an information study on the traffic on Aviation Road Tuesday, July 11 at the large group instruction room at 6:30pm in the Queensbury High School. -The Planning Ordinance Review Committee will be holding their final public th hearing on the Comprehensive Land Use Plan Thursday, July 13 at 7:00pm th here at the Activities Center. Their regular meeting will be held on July 20. Anyone resident of the Town of Queensbury interested in serving as an alternate on either the Planning Board or Zoning Board send resumes or letters of interest to the Supervisor’s office. -The Town’s website www.Queensbury.net- a lot of information on the website. -Thanks to TV 8 and Glens Falls National Bank for sponsoring/televising of our Town Board meetings. -Noted he attended the send-off ceremony for the 466 Support Medical Company of the Army National Guard, They will soon be leaving for Iraq. Wishing them God speed and safe return. REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 365 6.0 RESOLUTIONS RESOLUTION AUTHORIZING FIREWORKS DISPLAYS AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 329, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., has requested permission to conduct a fireworks display as follows: SPONSOR : Time Warner, Inc. PLACE : Great Escape Theme Park th DATES : Saturday, August 12, 2006 TIME: 9:30 P.M. (approximately) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue fireworks permits to Alonzo Fireworks Display, Inc., on behalf of Time Warner, Inc., subject to the following conditions: 1.An application for permit be filed which sets forth: A. The name of the body sponsoring the displays and the names of the persons actually to be in charge of the firing of the displays. B. The date and time of day at which the displays are to be held. C. The exact location planned for the displays. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 366 E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the displays. G. A diagram of the grounds on which the displays are to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Company, Inc. The Sponsor and/or entity performing the fireworks display shall finalize all display arrangements in a way and timeframe to ensure that all Fire Marshal and/or Fire Chief inspections can be conducted during normal business hours only so that all such inspections can be completed during daylight hours. 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 367 water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : none ABSENT: Mr. Boor RESOLUTION APPOINTING CURRENT ALTERNATE TANYA BRUNO AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 330, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 129,2006, the Town Board appointed Tanya Bruno as an alternate member of the Planning Board, and WHEREAS, a regular member Planning Board vacancy exists due to the resignation of former Planning Board member Anthony Metivier and therefore the Town Board wishes to appoint Tanya Bruno to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 368 RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Tanya Bruno to serve as a regular member of the Queensbury Planning Board until her term expires on December 31, 2012. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec NOES : Mr. Brewer ABSENT: Mr. Boor RESOLUTION APPOINTING CURRENT ALTERNATE RICHARD GARRAND AS REGULAR MEMBER OF ZONING BOARD OF APPEALS RESOLUTION NO. 331, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 97,2006, the Town Board appointed Richard Garrand, Jr., as an alternate member of the Zoning Board, and WHEREAS, a regular Zoning Board vacancy exists due to the resignation of former Zoning Board member Lewis Stone and therefore the Town Board wishes to appoint Richard Garrand, Jr., to serve as a regular member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Richard Garrand, Jr., to serve as a regular member of the Town’s Zoning Board of Appeals until his term st expires on December 31, 2012. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Sanford, Mr. Strough NOES : none ABSENT: Mr. Boor REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 369 RESOLUTION REFERRING APPLICATION FOR MOBILE HOME PARK EXPANSION FOR QUEENSBURY VILLAGE MOBILE HOME PARK TO TOWN PLANNING BOARD FOR REVIEW/RECOMMENDATION RESOLUTION NO.: 332, 2006 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Sanford WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury (Mobile Home Park) and owned by Sam Wahnon (Owner), and WHEREAS, by Town Board Resolution No. 379.2000, the Town Board authorized an expansion of the Mobile Home Park by four (4) lots for a total of 53 lots, and th WHEREAS, by letter to the Queensbury Town Clerk dated April 28, 2006, the Owner has applied for a modification to the existing plan to permit double-wide mobile homes on all of the lots in the Mobile Home Park, and WHEREAS, in accordance with Town Code §113-23 and §113-17, any modification to an existing Mobile Home Park first requires referral by the Town Board to the Town Planning Board for report and recommendation before the Town Board may approve the modification, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th Town Clerk to submit the Queensbury Village Mobile Home Park’s April 28, 2006 letter/application for a mobile home park modification to the Queensbury Planning Board for report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that the proposed action is an unlisted action subject to SEQRA review and the Town Board will conduct such SEQRA review after a public hearing to be conducted by the Town Board upon receipt of the Town Planning Board’s report and recommendation. rd Duly adopted this 3 day of July, 2006, by the following vote: REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 370 AYES : Mr. Stec, Mr. Sanford, Mr. Brewer NOES : Mr. Strough ABSENT: Mr. Boor RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR RENTALS OF UNIFORMS AND OTHER MISCELLANEOUS TEXTILES RESOLUTION NO.: 333, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town’s Purchasing Agent has requested Town Board authorization to distribute a Request for Proposals (RFP) to qualified companies for rentals of uniforms and other miscellaneous textiles for a two year period, for participating Town employees, and WHEREAS, the Town Board wishes to authorize distribution of such RFP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to distribute a Request for Proposals for rentals of uniforms and other miscellaneous textiles for a two year period, for participating Town employees, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : none ABSENT: none RESOLUTION TO AMEND 2006 BUDGET REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 371 RESOLUTION NO.: 334, 2006 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 001-3410-4820 001-3410-1020 100. (Uniforms) ` (Overtime) 040-8340-2899 040-8330-4720 10,740. (Cap. Constr.) (Consultants) rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : none ABSENT: none RESOLUTION APPROVING AUDIT OF BILLS – RD WARRANT OF JULY 3, 2006 RESOLUTION NO.: 335, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of June 29, 2006 and a payment due date of July th 5, 2006, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 372 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of June 29, 2006 and payment due date of July 5, 2006 and totaling $699,724.76, 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. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : none ABSENT: none RESOLUTION AUTHORIZING PARTICIPATION AGREEMENT AND TASK WORK ORDER PLAN BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) FOR PROVISION OF TECHNICAL ASSISTANCE TO TOWN WATER DEPARTMENT RESOLUTION NO.: 336, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Department Civil Engineer has th presented the Queensbury Town Board with a June 12, 2006 proposal from the New York State Energy Research and Development Authority (NYSERDA) for NYSERDA’s provision of technical services to the Town’s Water Department, and WHEREAS, such proposal is comprised of a Participation Agreement and Task Work Order Plan, such Participation Agreement describing the funding distribution and the Task Work Order Plan describing the proposed technical assistance which is generally an energy conservation study for low lift and high lift pump improvements, and WHEREAS, the cost of such technical assistance to be provided by NYSERDA shall not exceed $21,480 with NYSERDA to contribute 50% towards the allowable Contractor fees (up to $10,740) and the Town to pay the remaining 50% of the Contractor REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 373 fees (up to $10,740) directly to NYSERDA’s pre-approved contractor, Barton & Loguidice, P.C., (B&L) which will carry out the objectives of the Task Work Order Plan, such objectives generally being to determine potential modifications to the water pumping and transmission facilities and control strategies so that the system can meet demands while minimizing pump energy consumption, and WHEREAS, the Town Board believes that such technical assistance will benefit the Town Water Department and Town of Queensbury and therefore wishes to authorize the Participation Agreement and Task Work Order Plan as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Participation Agreement between the Town of Queensbury and the New York State Energy Research and Development Authority (NYSERDA) for Flextech Assistance Services described in the preambles of this Resolution, and the attached Task Work Order Plan between the Town, NYSERDA and Barton & Loguidice, P.C., the consulting firm assigned to this project and currently under contract to NYSERDA, and BE IT FURTHER, RESOLVED, that the cost of such services shall not exceed $21,480, with NYSERDA to contribute 50% towards the allowable Contractor fees (up to $10,740) and the Town to pay the remaining 50% of the Contractor fees (up to $10,740) directly to NYSERDA’s pre-approved contractor, Barton & Loguidice, P.C., (B&L) with B&L to carry out the objectives of the Task Work Order Plan, such services to be paid from Account No.: 040-8330-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Participation Agreement and any other required documentation, and the Town Supervisor, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of July, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES :none ABSENT:none REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 374 Discussion held before vote: Supervisor Stec- The Town Board met with the water department to talk about energy savings for the high lift and low lift pumps. Councilman Boor- How often do we do this? Water Superintendent, Bruce Ostrander-I believe it was fifteen years ago an audit was done, but not the same type. Noted that assistance was needed in answering technical questions such as do we rebuild the drives or purchase new ones? Councilman Boor-Questioned if a surcharge will be needed for those that use large volumes of water? Water Supt. Ostrander-Noted that the large users is for a short period of time, it may be possible to use a altitude value on Luzerne Road tank to elevate the tank levels. Supervisor Stec-Spoke on the use of real time pricing from National Grid which will start this fall, depending when we use power the rate will vary, look into running up the water levels in the tank at night to take advantage of an off peak rate. Questioned if we could encourage the larger users such as the Great Escape to fill their pools at night? Water Supt. Ostrander-We can. They fill in one short period of the day and at this time it is when our demand is low. Councilman Sanford-Questioned why is someone paying for half of the cost of the study? Engineer Chris Harrington-On the bill there is a Service Back Charge that is spread amongst the industry to try for ways to save money. RESOLUTION ACCEPTING DEDICATION OF GRAND VIEW DRIVE AND BREIGHTON COURT TRAIL IN HILAND ESTATES SUBDIVISION RESOLUTION NO. 337, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Schermerhorn Residential Holdings, L. P., (Schermerhorn) has offered a deed to dedicate Grand View Drive and Breighton Court in the Hiland Estates Subdivision along with certain stormwater drainage easements to the Town of Queensbury as more particularly described in the survey map prepared by VanDusen & Steves Land Surveyors, , LLC and presented to the Townand WHEREAS, the Town Highway Superintendent has inspected the roads and recommended their acceptance, and REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 375 WHEREAS, Schermerhorn has also offered sewer line easements from Schermerhorn and from The Michael’s Group, LLC (the “sewer line easements”), and WHEREAS, the Town Water Superintendent has confirmed that the Water Department’s requirements have been met, and WHEREAS, the Town Wastewater Director has confirmed that installation of sewer line infrastructure has been made in accordance with Town Wastewater Department standards and recommends that the sewer line easements be accepted by the Town Board on behalf of the Hiland Park Sewer District, and WHEREAS, the form of the deed and sewer line easements and title to the roads and sewer line easements offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Grand View Drive and Breighton Court in the Hiland Estates Subdivision and the sewer line easements, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Schermerhorn Residential Holdings, L. P., to record the deed and sewer line easements in the Warren County Clerk's Office, after which time the deed and sewer line easements shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Grand View Drive Name: Road Number: 547 Description: Beginning at Haviland Road and continuing in a northerly direction a distance of 1,478 ± feet and .28 hundredths of a mile and ending at a cul-de-sac. REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 376 Feet: 1,478’ and .28 of a mile . Breighton Court Name: Road Number: 548 Description: Beginning at Grand View Drive and continuing in an easterly direction a distance of 415 ± feet and .08 hundredths of a mile and ending at a cul-de-sac. Feet: 415’ and .08 of a mile . rd Duly adopted this 3 day of July, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: none ABSENT: none RESOLUTION SETTING HEARING ON PETER DYKSHOORN’S WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 40 CLARK STREET RESOLUTION NO.: 338, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 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, Peter Dykshoorn is requesting a waiver from Town Code 136-44 for connection requirements to connect the Reservoir Park Sewer District for the property located at 40 Clark Street. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, July th 17, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Peter Dykshoorn sewer connection waiver concerning the property located at 40 Clark Street, Queensbury (Tax Map No.: 302.17-2-80), and REGULAR TOWN BOARD MEETING 07-03-2006 MTG #24 377 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 the Applicant required by law. Duly adopted this 3rd day of July , 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : none ABSENT: none RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 339, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 3rd day of July 2006, by the following vote: Ayes: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury