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2006-08-21 MTG32 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 513 TOWN BOARD MEETING MTG. #32 August 21, 2006 RES. 397-412 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WASTEWATER DIRECTOR MIKE SHAW BUDGET OFFICER JENNIFER SWITZER PRESS TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER Supervisor Stec- Opened meeting 1.0PUBLIC HEARING OPENED PUBLICATION DATE AUGUST 11, 2006 SUPERVISOR STEC- I will open the public hearing and basically the Town has had a few of these in the past. By a way of brief explanation- when one company has an Empire Zone in Warren County wants to switch their location of operations and keep the Empire Zone benefits with them to another location in Warren County. In this case Barton Mines is looking to relocate from Queensbury to new offices in Glens Falls. They need what’s called a shift resolution, which basically the Town Board has a public hearing to consider allowing the shift and then we basically need to lend our consent. We’ve done this several times in the past and this one is for again Barton Mines to move from Queensbury to offices in downtown Glens Falls. So with that the public hearing is open if there are any members of the public that would like to comment on this public hearing we just ask that you raise your hand and I will call one at a time. Mr. Tucker PLINEY TUCKER- 41 Division Road, Queensbury. What happens if you guys say no? SUPERVISOR STEC- If we say no than basically they need to make a decision whether or not they want to stay here and keep the Empire Zone benefits or move and give up the Empire Zone. PLINEY TUCKER- Lets find out what they want to do. SUPERVISOR STEC- Anybody else who would like to comment on this public hearing. Any Discussion by Board Members? Again, any discussion on the shift resolution for Barton Mines Empire Zone? I will close the public hearing and entertain a motion. RESOLUTION APPROVING BARTON MINES COMPANY, LLC’S REQUEST TO SHIFT OPERATIONS FROM THE TOWN OF QUEENSBURY TO THE CITY OF GLENS FALLS LOCATED IN THE WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 397, 2006 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 514 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,Barton Mines Company, LLC (Barton) is a company located on Route 9 in the Town of Queensbury which mines and processes garnet, and WHEREAS, Barton has grown significantly and its Town of Queensbury office is no longer of sufficient size to accommodate sales and administrative staff, and WHEREAS, growth at Barton has been stifled due to the size of office space and location and it is Barton’s desire to employ approximately 30 new employees, and WHEREAS, relocation of its office will allow growth and increase visibility, and WHEREAS, Barton could not find comparable business space to conducts its business within the Town of Queensbury and therefore has decided to relocate from its Route 9, Queensbury site to the City of Glens Falls located in the Warren County Empire Zone, and § WHEREAS, in accordance with New York State General Municipal Law 959 (a)(iii), Barton must secure the approval of the Town of Queensbury in order to relocate to the City of Glens Falls located in the Warren County Empire Zone, and WHEREAS, the Queensbury Town Board duly conducted a public hearing and st heard all interested persons on August 21, 2006 concerning Barton’s proposed relocation, NOW, THEREFORE BE IT § RESOLVED, in accordance with New York State General Municipal Law 959 (a)(iii), the Queensbury Town Board hereby approves the proposal byBarton Mines Company, LLC to shift its operations from its Route 9, Queensbury site to the City of Glens Falls located in the Warren County Empire Zone, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 515 st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None DISCUSSION HELD BEFORE HEARINGS SUPERVISOR STEC- Explained the process for granting an application request for sewer connection. COUNCILMAN BOOR- Expressed his concern regarding the language of the resolutions giving people the idea that they can come back year after year. SUPERVISOR STEC- It’s a two year maximum. We don’t want to give the impression that you can go forever and not tie in. There will be a requirement to tie in. There is no financial gain as far as not tying in. They still have to participate in the district, paying the capital charge as though they already had tied in. 2.0 HEARINGS SEWER VARIANCE WAIVER- BASKETVILLE OF LAKE GEORGE 1457 ROUTE 9 SUPERVISOR STEC-If there is anyone from Basketville that would like to address the Board, yes sir. RON SUTTER, Putney VT. – We’re looking for a year. It’s not in our capital budget this year due to circumstances in Florida. We intend to do it next year. SUPERVISOR STEC-Okay, great. Any questions for the applicant? COUNCILMAN BOOR- So in the second to last resolve we would just do one year. SUPERVISOR STEC- One year, August 21, 2007. RESOLUTION APPROVING BASKETVILLE OF LAKE GEORGE, INC.’S’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1457 STATE ROUTE 9 RESOLUTION NO.: 398, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 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 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 516 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Basketville of Lake George, Inc., applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 1457 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that there is a $9,500 financial hardship to connect to the Sewer District, and the property’s current basic septic system is functioning properly, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on August st 21, 2006, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Basketville of Lake George, § Inc.’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 one “Connection to sewers required” and grants a year extension of time or until August st 21, 2007 in which to connect its property located at 1457 State Route 9, Queensbury (Tax Map No.: 288.-1-57) 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, REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 517 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None SEWER VARIANCE WAIVER- JEFFREY SCHWARTZ 980 ROUTE 9 RESOLUTION APPROVING JEFFREY SCHWARTZ’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 980 STATE ROUTE 9 RESOLUTION NO.: 399, 2006 INTRODUCED BY: Mr. Richard Sanford 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, Jeffrey Schwartz applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect his property located at 980 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states the cost of connection to be $2,000 and the property’s current septic system is working properly, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on August st 21, 2006, NOW, THEREFORE, BE IT RESOLVED, that REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 518 c) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and d) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Jeffrey Schwartz’ application § for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to st one sewers required” and grants a year extension of time or until August 21, 2007 in which to connect his property located at 980 State Route 9, Queensbury (Tax Map No.: 296.13-1- 67) 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 and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None SEWER VARIANCE WAIVER- LAKE GEORGE PLAZA LLC 1424 ROUTE 9 SUPERVISOR STEC-If there is anyone from Lake George Plaza that would like to address the Board, yes sir. MIKE …?- Manager, Lake George Plaza. We are trying to get this work done. You have a copy of the letter I brought in. The Owner, Mrs. Shalit is asking for a one year extension to have time for our contractor to complete the work. He has the plans and he has already started. He got seriously ill. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 519 RESOLUTION APPROVING LAKE GEORGE PLAZA, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1424 STATE ROUTE 9 RESOLUTION NO.: 400, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 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, Lake George Plaza, LLC applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 1424 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that its contractor who has worked with the Applicant for the past 20 years has become seriously ill and the Applicant is hopeful that the contractor will soon recover and be able to perform the connection work, and the property’s current septic system is working fine, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on August st 21, 2006, NOW, THEREFORE, BE IT RESOLVED, that e) 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 f) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 520 BE IT FURTHER, RESOLVED, that the Town Board hereby approves Lake George Plaza, LLC’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 one “Connection to sewers required” and grants a year extension of time or until August st 21, 2007 in which to connect its property located at 1424 State Route 9, Queensbury (Tax Map No.: 288.16-1-1) 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 and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None SEWER VARIANCE WAIVER- OCSAP LTD. SUPER SHOES 1499 ROUTE 9 SUPERVISOR STEC-If there is anyone from Super Shoes that would like to address the Board, yes sir. Terry Robbins- We’re asking for a year extension. We have an opportunity of hooking into the new hotels hookup. Instead of doing a hundred feet it’s less than fifty feet. We’re asking for the extension. It may take less if they work a little bit faster. COUNCILMAN BOOR- At what point does a transportation company come into effect? SUPERVISOR STEC- Mike would throw at you- one year. COUNCILMAN BOOR- When the private companies tie into private lines? I just need some clarification. I don’t think it’s an issue. SUPERVISOR STEC- I understand your question. COUNCILMAN BREWER- Would he have to be in a Map, Plan and Report, is that what you’re asking Roger? COUNCILMAN BOOR- Well, it sounds like he’s tying into a private line. WASTEWATER DIRECTOR, MIKE SHAW- The transportation company allows private companies to connect in. The current deal that we made with the developer for that, they had one year to complete the district extension. COUNCILMAN BOOR- There’s not an issue of them not connecting directly to our line. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 521 WASTEWATER DIRECTO, MR. SHAW- No. COUNCILMAN BOOR- Okay that was my question. COUNCILMAN SANFORD- Surrey Fields up the road has to form a transportation company in order to tie into another party’s extension. The question that I was hearing was does this gentleman’s company have to form a transportation company to tie in to… COUNCILMAN BREWER-A Transportation Company. WASTEWATER DIRECTOR, MR. SHAW-The Transportation Company is being formed by the developer of the hotel. That’s the vehicle that allows somebody else to connect to it. The reason DEC is requiring Transportation Companies ruling most recently the last year is any residential or commercial use over twenty five hundred gallons a day to have multi users what they mean by multi users they mean property owners. If you have more than one property owner over twenty five hundred gallons use a year it would require Transportation Companies or the Town to own the infrastructure. COUNCILMAN SANFORD-Okay that’s why there is no Transportation Company needed here because he’s a single user and he’s not having the kind of volume that you’re talking about. COUNCILMAN BOOR- Okay thanks. WASTEWATER DIRECTOR, MR. SHAW- Plus within the year it’s going to be district extension, as the Board knows. COUNCILMAN SANFORD- The other thing Mike, in regards to Surrey Fields and we’ve done it with Schermerhorn this is kind of new. I’m not sure of the process. It is likely that that trunk line is turned over to the Town and only the branches remain under the transportation authorities? WASTEWATER DIRECTOR, MR. SHAW- It has to be within the district, if I understand your question. In the Surrey Fields situation it’s out of district contract. COUNCILMAN SANFORD- My e-mail to you in regards to Surrey Fields and Starks which he wants to tie into should be done to Town’s standards able to take on any other development that occurs aside that trunk line and eventually be turned over to the Town. Now the Town will have to pay for it. WASTEWATER DIRECTOR, MR. SHAW- That’s up to the Town Board on how they craft these type of situations. We can do it in that way but it’s going to be a lot more expense to the developer. In Surrey Fields situation, they are doing it as a cheapest way they can do it. COUNCILMAN SANFORD- Like with Schermerhorn’s we paid for the additional expense to the developer to accommodate future growth in that area. WASTEWATER DIRECTOR, MR. SHAW- It comes out of general funds and when that’s used it has to be paid back by the district. It is possible but it has to be crafted by the Town Board to do that. COUNCILMAN STROUGH-I thought that’s what we are going to do with Stark and therefore he wouldn’t necessarily… WASTEWATER DIRECTOR, MR. SHAW-Stark is putting in a district extension okay he is putting in an eight inch line up Route 9, not unlike all these other district extensions we’ve done. Timing wise he wanted to do a contract because he wasn’t ready to get all his ducks in a row to make a connection to us this year. He has one year if the board remembers okay to complete the district extension. So he does have a temporary transportation company formed really. It was a convenience for him to try and get this project off and going. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 522 COUNCILMAN STROUGH-What I’m saying is so that these other people don’t run into and there are other people between Starks and him that might want to tie in who knows what other development is going to go in there. I asked the question at the workshop are others going to be able to tie in, you said yes and you are saying yes now. WASTEWATER DIRECTOR, MR. SHAW-The Town owns it. COUNCILMAN STROUGH-An eight inch line sounds like it that’s overkill for just Mr. Stark. WASTEWATER DIRECTOR, MR. SHAW-Correct. COUNCILMAN STROUGH-What I’m just saying is why is it for us to get the district control of that main trunk line so that all these branches don’t have to form transportation authorities to tie in. WASTEWATER DIRECTOR, MR. SHAW-Are you talking about Stark what are you talking about. COUNCILMAN STROUGH-I’m talking about Stark. I’m talking about Surrey Fields. WASTEWATER DIRECTOR, MR. SHAW-It all depends on what you want to do with whatever it depends on capacities it is not a simple answered question. It depends on location it depends on capacity in the line. It depends on what the developer is going to do. It depends on what the Town Board wants to craft. If you’re talking about doing something up here you’re talking about a whole different plan for what you’re seeing now. COUNCILMAN STROUGH- That’s what you’re going to get my next e-mail about. I e- mailed you that about a month ago and I didn’t hear anything back on it. WASTEWATER DIRECTOR, MR. SHAW- I believe I answered your question. COUNCILMAN STROUGH- That’s something we need to discuss. WASTEWATER DIRECTOR, MR. SHAW- And that’s amongst the Board and Surrey Fields. COUNCILMAN BOOR- In fairness to Super Shoes, we don’t need to keep the gentleman at the microphone. SUPERVISOR STEC- Any other questions on Super Shoes. I’ll entertain a motion for a one year extension to August 21, 2007. RESOLUTION APPROVING OCSAP, LTD./SUPER SHOES’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1499 STATE ROUTE 9 RESOLUTION NO.: 401, 2006 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 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 523 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, OCSAP, LTD./Super Shoes applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 1499 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the location of the currently proposed connection point is approximately 300’ from its building but when the new line is installed, the Applicant could connect much closer (50’ ±) making the cost of connection and future maintenance much less, and the property’s current septic system is functioning properly, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on August st 21, 2006, NOW, THEREFORE, BE IT RESOLVED, that g) 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 h) 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 OCSAP, LTD./Super Shoes’ § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 one “Connection to sewers required” and grants a year extension of time or until August st 21, 2007 in which to connect its property located at 1499 State Route 9, Queensbury (Tax Map No.: 288.12-1-2) 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 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 524 BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None SEWER VARIANCE WAIVER- YUET HON AND SO YING LING’S FLOWER DRUM SONG CHINESE RESTAURANT PROPERTY 909 STATE ROUTE 9 RESOLUTION APPROVING YUET HON AND SO YING LING’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING FLOWER DRUM SONG CHINESE RESTAURANT PROPERTY LOCATED AT 909 STATE ROUTE 9 RESOLUTION NO.: 402, 2006 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, Yuet Hon and So Ying Ling have applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that they are in the process of selling this property and new owners may wish to relocate a new structure on the site, and the current septic system and leech field on the property are maintained, pumped and serviced, as more fully set forth in the Applicants’ application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants and the Town Board conducted a hearing concerning the variance/waiver request on August st 21, 2006, REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 525 NOW, THEREFORE, BE IT RESOLVED, that i) 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 j) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicants; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves Yuet Hon and So Ying Ling’s § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 one “Connection to sewers required” and grants a year extension of time or until August st 21, 2007 in which to connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9, Queensbury (Tax Map No.: 296.17-1-38) 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 and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3.0 CORRESPONDENCE Town Clerk, Darleen Dougher read the following into the record (on file at Town Clerk’s Office) REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 526 PETITION We the citizens of the Town of Queensbury, petition the Town to install a drainage system on the road of Michaels Drive, starting a the corner of Upper Sherman Avenue and Michaels Drive down to the dead end and incorporate it into a drainage system on Luzerne Road. Since the 35 acres subdivision on the dead end of Michaels Drive was cleared and land fill is being brought in daily to the dead end our basement has been flooding out due to the rainfall. Also neighboring yards have water collecting in their front and back yards. There is stagnate water on the dead end that is a breeding ground for mosquitoes, which is a hazard to our health. Water has been streaming across neighbors driveways. Sump pumps for some neighbors that would normally stop pumping by May are still pumping 24 hours a day. We now have swampy areas that were not there before. The problem with the water brings the value of our homes down. The topography of the land has been altered. Ground water was obtained at 3 ½ feet and now since the trees were removed and landfill brought in the ground water level is now less than two feet. We would like to see action taken immediately by the Town of Queensbury, to have some sort of drainage system incorporated on Michaels Drive. Letter read by Town Clerk, Darleen Dougher addresses to Supervisor Stec from Robert J. Huntz, President, Protective Association for Lake Sunnyside. (on file at Town Clerk’s Office) 4.0 INTRODUCTION FROM RESOLUTION FROM THE FLOOR Councilman Boor proposed a resolution to hold a public hearing to establish a fire district encompassing all of North Queensbury Volunteer Fire Company. COUNCILMAN BOOR- I met with North Queensbury this morning and the topic that we discussed had to do with the formation of a fire district. When I left the meeting I was informed and I agreed to put forth the resolution to do such a thing. I received this afternoon from Nicole Strapoli what you guys have in front of you. North Q is very nd anxious to have a public hearing by October 2. I wanted to run this by the Board. nd SUPERVISOR STEC- Looking at this, I’m aware of this situation. October 2 is a magic date because there is an availability of a training that specializes in districts that they would like to have come discuss things to the Town Board. This is certainly not in the format that we would normally pass a resolution. We’ve got more than a month and we only need ten days to set it. I think what we ought to do is have our attorneys draft a resolution that we are comfortable with to set that. We can do that at our next regular Town Board meeting if the Board desires. I would support that myself. COUNCILMAN BOOR- And the next regular one is? th SUPERVISOR STEC- September 11. Which gives us three or four weeks before the first one in October. That’s what I would suggest. nd COUNCILMAN BOOR- We could have it by the 2 with no problem? th SUPERVISOR STEC- That should not be a problem at all to set that up September 11 nd for October 2. I would support doing that. We don’t need to do this tonight. This is a big deal. I want to make sure that anything we do with districts we do correctly and we don’t miss any steps or make any mistakes. COUNCILMAN BOOR- Obviously, this wouldn’t take long for the attorneys. COUNCILMAN SANFORD- The question I have Dan, you mentioned 10/2 was important because an attorney wants to talk to us. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 527 SUPERVISOR STEC- That’s my understanding. Be present at the public hearing to allow explanation. COUNCILMAN SANFORD- If an attorney wants to talk to us to review the pros and cons of this, we can certainly have that person show up at a workshop and do just that. SUPERVISOR STEC- That’s true too. COUNCILMAN SANFORD- What this is saying, in my interpretation, it’s taking a giant first step towards actually the formation of a North Queensbury district. Much more than having a discussion with an interested attorney. By all means if you want to draft the resolution to move forward in a different format; I’m certainly not sure it’s going to get my support to move forward with the actual process. I just wanted to go on record with you on that. SUPERVISOR STEC- No, that’s all right. Does that satisfy your question Roger? nd COUNCILMAN BOOR- As long as we can get it by the 2. I know that was the critical date. SUPERVISOR STEC- I don’t see a problem with that. COUNCILMAN BREWER- Does that, in fact, mean we have to create it or not create it? COUNCILMAN BOOR- No, we don’t have to create it. This would just be setting a public hearing. SUPERVISOR STEC- Right. We can conduct it. There is nothing that says you have to take action on any particular thing….. COUNCILMAN BREWER- I’ll be the first to admit that I have little education about districts and I want to know what I’m going to vote on before I even think about voting. COUNCILMAN SANFORD- Before it can be voted, they have to have the public hearing. SUPERVISOR STEC- That’s correct. COUNCILMAN SANFORD- This is like a prerequisite to get to that level. COUNCILMAN BREWER- I understand but I not even so certain that I want to get to that point before…. I just want to know what we are doing before we quantum leap into that. COUNCILMAN STROUGH- I’m going to agree with Tim on this one. COUNCILMAN BOOR- You want to talk to the attorneys tomorrow? SUPERVISOR STEC- Yes, lets talk to the attorneys tomorrow. Bob will be back from vacation tomorrow. That’s what I would recommend. 5.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR- Spoke to the Board regarding an article in the Post Star concerning zoning and planning. Spoke to the Board regarding a Workshop that was held and the discussion of property located at 84 Bay Parkway concerning a deep hole test which is necessary for their on site wastewater design. Noted it appears what we are beginning to do is treat these projects one at a time doesn’t seem to be any direction at the operating level as to how we are going to handle these things. Questioned if there was a plan, do we know what we are doing, has this been put in the form of a resolution so that the staff REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 528 understands the approach noted this is grossly unfair to the applicants. Thinks this has to be put in a form of a procedure a resolution. Spoke to the Board regarding an email regarding a meeting to be held on Saturday at the Queensbury Firehouse asked whose direction is this. COUNCILMAN BOOR-Noted he will be the representative from the Town. SUPERVISOR STEC-I will be there. This is more of an informational and an interest gauging meeting to talk about….. COUNCILMAN BOOR-People’s willingness to get involved. SUPERVISOR STEC-We are going to gauge if there is interest from the public starting with Rockhurst, thinks it lends itself more so than anywhere else in North Queensbury for a possible septic management district. MR. SALVADOR-Questioned how widely the meeting has been publicized. COUNCILMAN BOOR-There is going to be a notice in the Mirror this Friday. We did a mailing to everybody on Rockhurst. MR. SALVADOR-Questioned why just Rockhurst. COUNCILMAN BOOR-You have to start somewhere. COUNCILMAN BOOR-We do have a plan and our plan is to start to see if there is interest in the most problematic area that we have on the lake if there is interest there it certainly will spread. MR. SALVADOR-Questioned in the absence of following the regulations why would anyone subscribed to this management district that you speak of. COUNCILMAN BOOR-Thinks people who actually do care about the lake and don’t just want a bigger home noted it is rhetorical. There are probably are people that would forego an addition to keep the lake clean doesn’t think there are a majority of people that would do that, but thinks there are some that do live in small homes and continue to live in small homes and understand and appreciate the environment and don’t come in front of the boards and present what they know isn’t correct. MR. SALVADOR-Noted he has been a steady participant at the Planning and Zoning Board Meetings hasn’t seen such a person yet. Noted everyone is scrambling to get a permit. They are working and plowing through these regulations anyway they can to get a permit noting you have been turning a blind eye to the requirements. COUNCILMAN BOOR-This board took a first step when we required when we would no longer accept high water determinations out of the three month season. There is a lot of complaining and griping going on about that, but I can assure you we are going to be taking a better look at it noting he can’t wait for the day the board actually denies somebody something thinks some of these get approved that shouldn’t be. MR. SALVADOR-Recommended a moratorium on septic applications until we get a plan in place for North Queensbury. PlINEY TUCKER- 41 Division Road, Queensbury Questioned resolution 7.3 on tonight’s agenda- Resolution Requesting and Authorizing Warren County to Retain Sales Tax Revenues and Offset Property Taxes. SUPERVISOR STEC- Explained that this is the fourth year in a row that the Town has a similar resolution. Basically every year the numbers change a little bit. The Town Board met and came up with a number of two million dollars. It’s leaving sales tax revenue at Warren County as a credit towards Queensbury residents’ county property taxes. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 529 PLINEY TUCKER- Asked how much county taxes are going to go up this year? SUPERVISOR STEC- They won’t know that until Thanksgiving. PLINEY TUCKER- Noted that he read an article in the paper where Supervisor Stec was going to be attending a meeting to try to get money for an Outdoor Drama. Questioned how long the conference was? SUPERVISOR STEC- This is a three day conference in which he will pay his own way. He mentioned that it was probably a good idea for him to go and learn about something that could cost up to a couple million dollars. Wants to find out if it is publicly or privately funded. DAVID STRAINER- 1124 Ridge Road, Queensbury Spoke regarding the County meeting he attended on Friday. Wanted to know where the money came from to rent the tents. SUPERVISOR STEC- That was bed tax last year. DAVID STRAINER- Stated that he felt they should stay with the criteria that was set by the County for handing out bed tax money. DAVID STRAINER- Questioned how long the tents were left up SUPERVISOR STEC- They were left up about a month because they were used for several different events. DAVID STRAINER- Stated that they should have divided this amongst the four different entities and not just say it was the firemen. SUPERVISOR STEC- These are questions for the occupancy tax committee. DOUG AUER- Questioned whether an analysis has been done on how much of the retail sales comes from outside of the County. He also, questioned Supervisor Stec on the need to create a Convention Center Authority. COUNCILMAN STROUGH- Stated that it’s difficult to know how the County is going to go on this public authority because these meeting are during the day, it’s not televised and it’s not very public. Noted that the public authority may or may not be a good idea. It certainly is going to impact Queensbury and we should have a public hearing about it. SUPERVISOR STEC- Stated that he felt a night meeting on this would be a good idea. KATHLEEN SONNABEND- 25 Cedar Court, Queensbury Noted her concern regarding the Convention Center with respects to the Civic Center. Concerned that if this happens we will end up with two deficit ridden facilities instead of one if we put the Civic Center into that authority. Stated that if this is the way we have to go and the public supports it, then we ought to be taking a look at the Forum proposal. Questioned the fire training center. This facility at ACC is not the right environment, wants to look for an industrial location where it will be less of a neighborhood issue. GEORGE DRELLOS- 27 Fox Hollow Lane, Queensbury Questioned Supervisor Stec on where they stand as far as inquires on the engineering position. Wants to know the Boards timetable for picking their five or six. He also spoke regarding the resolution 7.3- Requesting and Authorizing Warren County to Retain Sales Tax Revenues and Offset Property Taxes. Questioned whether is was legal to put this towards the school instead of the county. SUPERVISOR STEC- No, this is the only legal mechanism to do this. ED CARR- 8 Carr Lane REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 530 Spoke regarding the wealth tax. Noted that in 1994 Jim Martin had put in grant money for storm water improvements on Cleverdale. As of last year some of that grant money is still floating around. Spoke in regards to the training center. Stated that we need to keep moving forward with this. PETER BROTHERS-Asked for clarification on fifty million dollars. SUPERVISOR STEC-I voted against. PETER BROTHERS-Are you in support of a smaller amount? SUPERVISOR STEC-Fifty million dollars does not make sense, twenty million is something that could be paid. A financial analysis needs to be done. Getting the option from the State doesn’t cost us a nickel; I am in support of the State giving the local government more say so on this and on setting speed limits on roads on a number of things. PETER BROTHERS- I do not feel that the Authority is necessary. I am concerned about the comments made by Lou Stone, regarding his concerns with zoning and regulations and trying to do good for the town. I felt his comments were almost his own worst enemy. He did not stand up to the Attorneys that were representing some of these applicants that are building some of these mega mansions’ on the lake shore. I am not against those that have the space to accommodate it. On the Planning Board on a particular project on Assembly Point, Tanya Bruno and Gretchen Steffen voting in favor of this and again people like this that do not have the backbone to stand up to the Attorneys that are representing the applicants for fear of retaliations or retribution, I feel that is wrong. I wonder why we should have planning or zoning if we are not even going to follow the code. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR- Read a letter from the Warren County Historical Society st regarding new location beginning September 1 at the Bay Ridge Fire House on 195 Sunnyside Road. The new headquarters will house the business office, research library, historic collection. Noted that area of town is looking so much better over the last few years. The Lake Sunnyside Association is going to be asking for $500 to cover a study of the lake to be performed by a professor at ACC. COUNCILMAN SANFORD- Invited the public to attend workshops. Spoke regarding last Monday nights workshop about the possibility of the Town adopting a Gatsby 34 and Gatsby 45. In regards to the sales tax rebate, he stated that he thought that this process was handled in a very professional manner. COUNCILMAN STROUGH- Waded through the Bay Ridge Emergency Services EMS and Fire audit. Spoke regarding the Town working on a five year plan. Also spoke regarding the sanitary sewer work on both Bay Road and Route 9 and 254 will begin after Labor Day. Spoke of possibly of using bed tax money to promote Queensbury through a flyer. Tourism season is up a little bit but overall down. It was a slow start but is picking up. Sales tax revenue may be down this quarter. COUNCILMAN BREWER-Questioned Supervisor Stec whether he spoke to the Mayor on the leaf dump, off from Sherman Avenue. They finally broke ground for the new EMS building. Questioned when they are going to begin working on the connector road? SUPERVISOR STEC- Thanks to TV 8 and Glens Falls National Bank for sponsoring/televising our Town Board Meetings. The Town’s website www.Queensbury.net- a lot of information is available on there; including budget information, minutes and agendas. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 531 There will be a meeting to talk about a future septic management district on Saturday, th August 26 at 9:30am at the North Queensbury Firehouse. Thanks to the City of Glens Falls as well as our Highway Department on being so cooperative regarding water flow issues, especially concerning Thunderbird Drive. Bob Hafner will be looking at drafting up a resolution to authorize the Highway Department to go into the Glen Lake Protective Association property to help with the dam stabilization. Most note able drainage issue on Homer Avenue- Supervisor Stec and Councilman Sanford are working with some property owners to try to resolve that. In regards to Glens Falls- the Mayor and the Common Council have granted permission to open up a snowmobile trail access on West Mountain Road. It’s part of the trail system, it’s on the maps and it’s approved for use. However, in years past, even through the City granted permission to use it, they had left the gate in a blocked position. The City was very happy to help the County out in getting that taken care of. Spoke to the Mayor regarding the City applying for grant money to make their assessment data available on the web. The Town and the City and the Feeder Canal Alliance did apply for a grant to improve that trail along the Feeder Canal. The West Glens Falls EMS building is underway. In regards to the rebate amount- this was a very productive process this year. 2007 will be the sixth consecutive year that the Town of Queensbury has not levied a general Town tax. Next year will mark the fourth consecutive year that we have granted a rebate. 7.0 RESOLUTIONS RESOLUTION SETTING HEARING ON BARCY ENTERPRISES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING REMINGTON BAR & GRILL PROPERTY LOCATED AT 940 STATE ROUTE 9 RESOLUTION NO.: 403, 2006 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, Barcy Enterprises, Inc. has applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its Remington Bar & Grill property located at 940 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the building is for sale and could be sold as something other than a restaurant and grease traps would then REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 532 not be needed if that occurs and the property’s current system is in working order and poses no problems, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 11, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Barcy Enterprises, Inc.’s sewer connection variance/waiver application concerning its Remington Bar & Grill property located at 940 State Route 9, Queensbury (Tax Map No.: 296.13-1-11), 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. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS IN MEADOWBROOK ROAD AREA WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.:404, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No. 493, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 175,2006, the Town Board authorized engineering services outside the original scope of C.T. Male’s Services due to Project changes, and REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 533 WHEREAS, by Resolution No.: 308,2006, the Town Board authorized such Project, and WHEREAS, C.T. Male has prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No.’s: 493,2005 and 175,2006, 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 the requirements set forth in the Town’s bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent and/or C.T. Male Associates, P.C., to post and publish an advertisement for bids to be prepared by C.T. Male Associates, P.C., for the Meadowbrook Road Area Water Main Replacement Project and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Purchasing Agent to open all received 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. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BOOR- Requested that the contract includes daily clean up on work site. RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES RESOLUTION NO.: 405, 2006 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 534 INTRODUCED BY: Mr. Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Brewer WHEREAS, Warren County receives sales tax revenues resulting from sales transactions taking place within the County and a substantial portion of such transactions occur within the Town of Queensbury, and WHEREAS, portions of the Warren County sales tax revenues are annually allocated and paid to the municipalities of Warren County, and WHEREAS, the Queensbury Town Board has lowered Town residents’ County tax in the years 2004, 2005 and 2006 by authorizing Warren County to withhold sales tax revenue, and WHEREAS, the Town Board would like to again authorize sales tax to be withheld by Warren County which would be applied to reduce 2007 Warren County property taxes, and WHEREAS, the Town Board has determined that the current total fund balance again exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and contemplated capital projects, and the Town Board wishes to again undertake a reduction of county taxes on Queensbury property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes Warren County to retain $2,000,000 of Warren County sales tax revenues allocated to the Town of Queensbury in 2007 and apply such revenues to reduce the annual County property taxes on real property in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board requests that Warren County evenly redistribute the annual amount(s) to be retained, thereby retaining the Town’s sales tax rebate on a quarterly basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with Warren County’s Chief Fiscal Officer by REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 535 st mailing such Resolution by registered or certified mail before September 1, 2006 in order to take effect for the calendar year 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to provide any other required st documentation to Warren County prior to September 1, 2006 and take any and all other action necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 406, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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: 001-1450-4156 001-1680-2032 12,995. (Personnel Wages) (Software) st Duly adopted this 21 day of August, 2006, by the following vote: REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 536 AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF AUGUST 21, 2006 RESOLUTION NO.: 407, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of August 17, 2006 and a payment due date of nd August 22, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thnd run date of August 17, 2006 and payment due date of August 22, 2006 and totaling $439,888.27 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. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING HEARING ON DAVID KENNY’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ADIRONDACK OUTLET MALL PROPERTY LOCATED AT 1444 STATE ROUTE 9 REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 537 RESOLUTION NO.: 408, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, David Kenny has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Adirondack Outlet Mall property located at 1444 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the hook-up is complete pending final plumbing service, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 11, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Kenny’s sewer connection variance/waiver application concerning the Adirondack Outlet Mall property located at 1444 State Route 9, Queensbury (Tax Map No.: 288.12-1-22), 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. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 538 RESOLUTION SETTING HEARING ON DAVID KENNY’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE DAYS INN OF LAKE GEORGE/RED BARN PROPERTY LOCATED AT 1454 STATE ROUTE 9 RESOLUTION NO.: 409, 2006 INTRODUCED BY: Mr. John Strough 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, David Kenny has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect the Days Inn of Lake George/Red Barn property located at 1454 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the private septic system is pumped regularly and is in good working condition and the Applicant requests a postponement until a determination has been made concerning the impact of the road on the north side of the property, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 11, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Kenny’s sewer connection variance/waiver application concerning the Days Inn of Lake George/Red Barn property located at 1454 State Route 9, Queensbury (Tax Map No.: 288.12-1-21), 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. REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 539 st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING HEARING ON DAVID KENNY AND JOHN BROCK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THEIR BARN PROPERTY LOCATED AT 1468 STATE ROUTE 9 RESOLUTION NO.: 410, 2006 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, David Kenny and John Brock have applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect their Kenny-Brock Partnership property located at 1468State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that there are potential issues with a road development planned along the south edge of the property line and they wish to discuss all options that may impact the required sewer connection, as more fully set forth in the Applicants’ application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 11, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider David Kenny and John Brock’s sewer connection variance/waiver application concerning the Kenny-Brock Partnership property located at 1468 State Route 9, Queensbury (Tax Map No.: 288.12-1-19), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 540 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. st Duly adopted this 21 day of August, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF GLENS FALLS NATIONAL BANK AND TRUST COMPANY AS TOWN OF QUEENSBURY’S PRIMARY DEPOSITORY RESOLUTION NO.: 411, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Budget Officer requested proposals from qualified commercial banks to provide banking services for the Town, such services to include handling of the Town’s primary deposit accounts, and WHEREAS, the Town’s Budget Officer evaluated and ranked all received proposals and has made a recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs a one-year Agreement with Glens Falls National Bank and Trust Company to serve as the nd Town of Queensbury’s primary depository commencing August 22, 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an agreement with Glens Falls National Bank and Trust Company which incorporates the requirements of the Town’s Request for Proposals and the terms REGULAR TOWN BOARD MEETING 08-21-2006 MTG #32 541 of Glens Falls National Bank’s proposal, such Agreement to also be in a form satisfactory to the Town’s Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of August, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 412, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. st Duly adopted this 21 day of August 2006, by the following Vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent: None On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury