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1997-05-05 REGULAR TOWN BOARD MEETING MAY 5,1997 7:00 P.M. MTG#21 RES#184-200 BH# 12-13 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN BETTY MONAHAN COUNCILMAN THEODORE TURNER COUNCILMAN CONNIE GOEDERT COUNCILMAN CAROL PULVER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS HIGHWAY SUPERINTENDENT - P AUL NAYLOR EXECUTIVE DIRECTOR, COMMUNITY DEVELOPMENT - JIM MARTIN DIRECTOR OF BUILDING AND CODES, DAVE HATIN PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN CONNIE GOEDERT SUPERVISOR CHAMPAGNE-Opened meeting. PUBLIC HEARING LOCAL LAW REVISING CHAPTER 136 ENTITLED "SEWERS AND SEWAGE DISPOSAL" OPENED 7:01 P.M. NOTICE SHOWN DIRECTOR OF BUILDING AND CODES, DAVE HATIN-What the board has before you is about six months of revising and meeting with the Planning Committee to basically put forth a law that would take care of some legalities that we had with a recent court action where we found that our law lacked some enforcement powers in it. What we've tried to do is clean it up to make it more enforceable and easier to enforce. We've also made one change that is about the only change in the Ordinance that has to do with requirements for septic systems which is the fact that septic tanks and holding tanks be placed under ground. The rest of it is pretty much enforcement type wording. It also sets out some duties of myself and my inspectors as to what they can and cannot do with a parcel of property in regard to a septic failure. We've also for the first time added the fact that a dye test is considered a failure which was not previously in the Ordinance. I don't know if you want me to go through them one by one or if that sums it up. SUPERVISOR CHAMPAGNE-I don't think that's necessary. Is there anyone here in the audience that cares to speak for or against the modification and revisions? JOHN SALVADOR, NORTH QUEENSBURY-Mr. Supervisor, I'd like to request at the outset as a courtesy that you keep this public hearing open until you are ready to vote. SUPERVISOR CHAMPAGNE-Until I am ready to vote? MR. SALVADOR -You are the Board of Health in this regard or the Board of Supervisors? COUNCILMAN MONAHAN-Town Board. SUPERVISOR CHAMPAGNE-Town Board. MR. SAL V ADOR- Town Board, I'm sorry. I would like to request that the public hearing be kept open until the Town Board is ready to vote on this local law. COUNCILMAN MONAHAN-I'm ready to vote tonight. SUPERVISOR CHAMPAGNE-What's the pleasure of the board? COUNCILMAN MONAHAN-I have no problem with it, I'm ready to vote tonight. This is something we've been and the whole board has been looking at this for six months or so. I think with the summer season it isn't something we ought to be delaying. MR. SALVADOR - I don't care when you vote. I'm just saying you are going to deliberate after you hear a lot of comments. Depending on the deliberations, interpretations, decisions you make, I may want to say something. If you close the public hearing I don't have an opportunity. COUNCILMAN MONAHAN-John, I think if you have anything to say now is the time to say it. MR. SALVADOR -Yes I can. My point is.... COUNCILMAN MONAHAN-If you have something you think is going to change our minds about some of these points now is the time to say it. MR. SALVADOR-My experience is that after people comment in the public hearing there is deliberation, clarification, questions, arguments, between members of the Town Board or the voting board, staff and employees, sometimes I would like an opportunity to rebut if you will for clarification. SUPERVISOR CHAMPAGNE-Isn't that what this public hearing is all about John? MR. SALVADOR-If you close the public hearing. SUPERVISOR CHAMPAGNE-I don't plan on closing the public hearing until after the discussion. I think it would be at that point once we've been through the discussion as to the opinions of the Town Board members leave it open or close it. MR. SALVADOR - I can see closing the public hearing when you are ready to vote. If you have any discussion the public hearing stays open. SUPERVISOR CHAMPAGNE-Absolutely. MR. SALVADOR-Okay, thank you. SUPERVISOR CHAMPAGNE-Absolutely can't disagree with that at all. MR. SALVADOR-As close as I am to the Towns zoning and planning affairs when I heard this schedule of this subject at the last Town Board Meeting I was shocked to hear it. I had no idea that something of this magnitude and gravity was going on in the Town. Dave Hatin mentioned previously that he has gone over this, Mrs. Monahan mentioned six months of work, and reference has been made to a Planning Committee. What is the makeup and how does this Planning Committee fit into the Town? COUNCILMAN MONAHAN-John all Town Board Members serve on various committees to try be the ones most familiar with certain things in that area. On this particular committee the Planning Committee I and Ted are the Planning Committee the members of the Town Board that work in planning. MR. SALVADOR-What Dave is saying this has been put together with himself and Mr. Turner and Mrs. Monahan is that the.... SUPERVISOR CHAMP AGNE- This has been back and forth. COUNCILMAN MONAHAN-It's been back and forth for clarification several times. MR. SALVADOR-All right, good. SUPERVISOR CHAMPAGNE-The answer to that John is the full board has had an opportunity to see it at least on one occasion possibly two. COUNCILMAN MONAHAN-When the board has had problems or asked for clarification we've taken it back and sent it back to Dave. He's come back with things, it goes through our committee. We say we now think it's ready to come back to the Town Board that he's answered their concerns. MR. SALVADOR-Section 136-5, Compliance Required. We're talking about a system that is unsafe. Have we defined what the parameters of unsafe might be, have you weighed those? To use any such system that is unsafe. SUPERVISOR CHAMPAGNE-Your reading from what page? MR. SALVADOR-Article I. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Paragraph D. MR. SAL V ADOR- What constitutes unsafe? This is a very very powerful paragraph. Do you understand you are moving people off their property if their septic system is determined by someone to be unsafe. It shall be unlawful to use, occupy, or maintain any building, that has an unsafe septic system, on site septic system. DIRECTOR OF BUILDING AND CODES, MR. HATIN-I think John makes it more dramatic than it really is. Basically what this says, if you have some type of septic problem or failure on your property that it can be determined that your property could be unusable the Board as a Board of Health could take that action. I don't think John or anybody sitting in this room is going to want somebody let their septic system run out onto the ground, in their basement, be it a public health or a personal health to the occupants of the building. This just sets forth what those conditions are it just doesn't say unsafe either. It says a source of pollution to surface water or groundwater that it interferes with the enjoyment of the property. I think it's not as dramatic as he makes it sound it's more specific to the property and a threat to life and health. MR. SALVADOR-It says or it doesn't sayan, unsafe or a source of .... DIRECTOR OF BUILDING AND CODES, MR. HATIN-No it doesn't John. MR. SALVADOR-It says unsafe or a source of pollution or ground.... DIRECTOR OF BUILDING AND CODES, MR. HATIN-Then you have a different one than I do because it doesn't say or. Such system as unsafe a source of pollution..... MR. SALVADOR-Or groundwater or interferes with the use. COUNCILMAN MONAHAN-No. I think you've got to look at your comma. You have a comma after unsafe it goes on to say a source of pollution to surface water or groundwater or interferes with the use. You've got to have your phrase modifying the word and look at your punctuation. MR. SALVADOR-You are saying unsafe stands alone? COUNCILMAN MONAHAN-I'm saying it doesn't...it goes on to say that is a source of pollution to surface water or groundwater or interferes with the use and enjoyment of the property and/or the neighboring property. MR. SALVADOR-But if it's unsafe for some reason by some criteria no person shall use, occupy or maintain any building. SUPERVISOR CHAMPAGNE-That's correct. MR. SALVADOR-Unsafe. I'm asking if we have defined the parameters of unsafe? SUPERVISOR CHAMPAGNE-Define unsafe. DIRECTOR OF BUILDING AND CODES, MR. HATIN-I think you just go to Webster's Dictionary and define unsafe. I really don't think you have to get into it. I mean we certainly can define it, but I think it's defined right in the paragraph. MR. BOEHM -Couldn't you just delete it. COUNCILMAN PULVER-Suppose we just didn't have that. Suppose we just went with which would be a source of pollution to surface water or groundwater or interferes with the use and enjoyment of the property and/or neighboring property, you've just eliminated that. MR. SAL V ADOR-I can agree to that. COUNCILMAN MONAHAN-Legally as an Attorney do you have a problem with that? TOWN COUNSEL, MARK SCHACHNER-Not at all. If the board wanted to do that I would suggest the easiest thing to do is just literally cross out unsafe. That phrase will read or to use any such system that is a source of pollution to surface water or groundwater etc. MR. SALVADOR - We're starting to talk about interfering with people's enjoyment of their property. The people themselves as well as the neighboring property owner interfere with their enjoyment. Have we established a level of enjoyment that's going to trigger this? SUPERVISOR CHAMPAGNE-I don't know do we need enjoyment in their or just use of the property? Maybe we're getting too many adjectives to try and describe this Counsel help me out with that. TOWN COUNSEL, MR. SCHACHNER-I'm not sure how. I think it's a common phrase if the board would prefer not to have that phrase in there take the phrase out. There is no legal issue here in my opinion. COUNCILMAN MONAHAN-I think this was legally as it came from the Counsel's Office set up and written by them. TOWN COUNSEL, MR. SCHACHNER-The phrase is a common phrase in many many Ordinances that's all I'm saying. As to whether you need to leave it in or out I'm saying that's not a legal issue. If you prefer to take that phrase out or to take out and enjoyment you can. If you want to leave the standard phrase in leave it I don't see it as a legal issue that's all I'm saying. COUNCILMAN MONAHAN-I don't see any problem with it staying in frankly. COUNCILMAN PULVER-But is it worth taking it out? COUNCILMAN MONAHAN-I think what it is saying if you are smelling the pollution of a neighboring tank you are certainly not going to be able to enjoy the use of your property. COUNCILMAN PUL VER-I think that interferes with the use of the property. Without enjoyment the smell would interfere with the use of the property. TOWN COUNSEL, MR. SCHACHNER-Just to play devil's advocate. I think where Betty and Ted maybe coming from is actually someone may argue that's not the case. You can still use your property even though there is an offensive odor coming from your neighbors property under the scenario we're talking about, but you would not be enjoying the use of your property. I don't care to me it is splitting hairs. Betty is certainly correct that the language developed by my office and Dave together in conjunction it is a very common phrase in many many ordinances, but I don't view it as a significant legal issue as to whether you keep the words and enjoyment in or not. I think it is a discretionary decision by the board. COUNCILMAN GOEDERT-If we get to a scenario where we're into a court battle with somebody over this and I say that I can't go outside and have a barbecue in my yard because of the aroma does that take the place of the word enjoyment? TOWN COUNSEL, MR. SCHACHNER-That's the type of issue that is the reason that the phrase if often included for just that sort of thing. SUPERVISOR CHAMPAGNE-But by the time that it got to that wouldn't we have some inspection there in terms of the use of the property? COUNCILMAN MONAHAN-Not necessarily this has happened before. This has happened before that's what called for an inspection. TOWN COUNSEL, MR. SCHACHNER-I think you can have inspection there, but it might not be impairing the use of the property, the neighboring property I'm talking about. It might just be impairing the enjoyment of the property I'm talking about. Again, I want to make this clear I don't view this as a critical legal issue the words, and enjoyment. I think that's really a discretionary legislative policy decision by the board, the kind of thing Connie is asking about is the reason that the phrase would often be in there. SUPERVISOR CHAMPAGNE-Dave is that going to curtail the way you do business as far as the inspections are concerned whether it is in there or out of there? COUNCILMAN MONAHAN-I personally would leave it in. When you go to court I think that's a useful tool and that's why it is in there. SUPERVISOR CHAMPAGNE-By the neighbor who comes in and makes the complaint. COUNCILMAN MONAHAN-We've had people call that's what started the ball rolling. That they had noticed an odor and then Dave has gone to try and find the problem. MR. SALVADOR-Don't the Public Health Laws of this State protect us from a neighbors failing septic system? COUNCILMAN MONAHAN-Not necessarily. MR. SALVADOR-Something is wrong. SUPERVISOR CHAMPAGNE-John just let me say this. This language is truly the result of at least I'm going to list one case in particular, but two cases that I'm familiar with that the teeth of the law were not sharp enough, if you will to bring about the kind of necessary correction that we felt was necessary. This is basically what we're attempting to do here is to take that condition, situation put some language together that would allow us to do and to act in a reasonable manner that would cause our Judges within our Town to act in a positive way in order to correct the situation that's all that this is about. MR. SALVADOR-I'll tell you something. Weare regulated by New York State Health Department to operate our business up there. SUPERVISOR CHAMPAGNE-Yes you are. MR. SALVADOR-If I had a condition you are referring to they could shut me down. SUPERVISOR CHAMPAGNE-Yes they could as a business. COUNCILMAN MONAHAN-As a business which is quite differently. MR. SAL V ADOR- The New York State Department has no jurisdiction over homeowners? COUNCILMAN MONAHAN-I don't know what the jurisdiction is over homeowners to be honest with you. But, sometimes they don't have the manpower to act on some of these things. MR. SALVADOR-That's why they've given the job to you as the Public Health Board of this Town. COUNCILMAN MONAHAN-That's right. SUPERVISOR CHAMPAGNE-That's correct. MR. SALVADOR-So with the tools you have the Public Health Law why do we have to have this nonsense in a Code. You know, the neighboring property owners level of enjoyment. COUNCILMAN MONAHAN-Fred, I think John has made his point do we really have to hassle this for a half an hour. SUPERVISOR CHAMPAGNE-Understand what you are asking. Public hearing we're listening the debate is insignificant. MR. SALVADOR -You've got into the Code now that a dye test is going to be performed. Are you sure that's the best available technology to determine that a failure has occurred and is that the only technology you are going to use? COUNCILMAN GOEDERT -I don't see where it says that's part of it, it says if a dye test. I don't read it that they will go directly by a dye test. MR. SALVADOR-It says if it is performed. It doesn't refer to any other kinds of tests. I'm saying that you should satisfy yourself that the test you are going to avail yourself to is the best available technology. COUNCILMAN MONAHAN-John if you read the sentence at the end of that section it says, upon reasonable notice to the owner or occupant, the enforcement officer, in his sole discretion, may conduct or cause to be conducted further testing, including water sampling or excavation, to determine what has caused a failure and how it should be remediated. That's acknowledging the fact that the dye test is the first step whole process. MR. SALVADOR-It says, I don't know where you are reading.... SUPERVISOR CHAMPAGNE-Next page. MR. SALVADOR-Before you get to that it says, if, in his sole discretion, he is lord high executioner. DIRECTOR OF BUILDING AND CODES, MR. HATIN-I wish John. MR. SALVADOR-If, in his sole discretion, he has reason to believe the system has failed. COUNCILMAN MONAHAN-It's the first step that starts the process rolling John. COUNCILMAN PULVER-Yeah, but should that be left up to one person, I think that's what you are saying isn't it John? COUNCILMAN MONAHAN-After that then you go and do the further testing and stuff. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Would it help ifIjust go through a scenario with the board so they understand what happens here? COUNCILMAN MONAHAN-Would you please. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Normally we will receive the complaint either verbally through the phone or be somebody stopping in our office saying they have a expected failure on their neighbors property or they've seen a failure on their neighbors property, or somewhere, somehow, a failure they think is occurring. We go out and we conduct a site survey to see if we see anything obvious. If after that fact we go by the owners, excuse me the neighbors information that they smell sewer, but we can't find anything on the property we ask the land owner or the property owner to do a dye test because that is the simplest test for myself and my staff to perform. It doesn't require a rock scientist it's a very straight forward test. You put dye into the system either dye comes out or it doesn't come out there is no in between. If the dye comes out then we determine the system has failed in some regard. From that point we determine what has failed and we usually try to work with the owner. If it doesn't work then we have to pursue the court action. The board is familiar with the court action we had and this is exactly the instance that happened in that particular case. COUNCILMAN MONAHAN-Dave, I can think of another case, too, where a property owner noticed stuff happening on his property that had never happened before. He had his own system tested and found out it wasn't coming from there and then asked the Town if the neighbors could be tested because something was coming onto his property from someplace. That's the first step that you use to try and find out the source of where this is happening. COUNCILMAN GOEDERT -Dave what happens when you go on somebody's property and you have to have a complaint. Do you as the representative see nothing would you go ahead with the dye test at that point? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Well, if we see nothing and the complainant still insists that there may be a problem we always ask the person that's the defendant in this particular case if they will allow us to do a dye test to prove that there is nothing wrong with their system. It doesn't hurt them it only disproves that there isn't a problem and if we don't find anything then we will look further. COUNCILMAN GOEDERT-At whose expense is the dye test done? DIRECTOR OF BUILDING AND CODES, MR. HATIN-It's done at the Town's expense. COUNCILMAN PULVER-Prior to this we didn't have the authority, I mean they could say no and that would be it we couldn't do it. DIRECTOR OF BUILDING AND CODES, MR. HATIN-True. Also the dye test was also not considered factual in a court case is that the reason for adding this also Mark? TOWN COUNSEL, MR. SCHACHNER-Not exactly. It's just that the code didn't.... The general idea of this provision was already in the code. What the code lacked previously was some of the specifics for what constitutes a failure and for specifically indicating in the Code that the Enforcement Officer has the authority to conduct a dye test. The notice it says, upon reasonable notice and upon reasonable basis for believing that there may be a failure. Those again, are terms that the individual who is making the comments or asking the questions or engaging us in a debate at the public hearing has some concerns about Mr. Hatin and his staff, I guess getting carried away, I'm interpreting that from the lord high executioner comment. The fact is that the staff, number one, can only do this on reasonable notice. Number two, can only do it if they have a reasonable basis to believe that there may be a problem. Number three, as Mr. Hatinjust pointed out this is not an obtrusive test that damages somebody's property. If the dye test reveals that there is not a problem so much the better. In other words it is not an destructive intrusive test as certain other types of tests are including ones by the way are more conclusive than perhaps more than dye tests. But, there is a down side to some of the other testing. As Mr. Hatin indicates they are sophisticated, expensive as I'm stating there are also some that are destructive and intrusive a dye test is none of those things. MR. SALVADOR-What if the dye test doesn't give you the results you think you should get that's my point? A dye test hasn't proven to be that great we've done alot of it up on the lake, okay. You really have to have an open pipe to the water way for a dye test. SUPERVISOR CHAMPAGNE-John, I'm listening, I hear exactly what you are saying. You are reading what we're proposing based on some historical what I'm going to call confusion with the courts. We're trying to correct that as a Town Board to make the Town of Queensbury a safer place and certainly to do away with the problems with some of the inactive if you will or inefficient, or ineffective septic tanks. In the process of doing that I believe firmly that what we have here will work well. John if you've got a better idea instead of criticizing this word for word, page for page, give us your idea what it is that you want to happen, I'm listening. MR. SAL V ADOR-I don't want to be that court that's my concern. All I have to have is a neighbor who feels that his level of enjoyment of his property is impacted has been interfered with by something that has been going on on my property. SUPERVISOR CHAMPAGNE-As it is today John if there was an odor coming from my house and the wind is blowing toward my neighbor on the east you don't think my neighbor on the east would come running if I'm not fixing it. MR. SALVADOR-Exactly. SUPERVISOR CHAMPAGNE-Sure he is. Isn't that exactly what's that saying? MR. SALVADOR-You make my point. What if it isn't an odor what if it's something else? SUPERVISOR CHAMPAGNE-This is a Septic Tank Ordinance a Sewage Ordinance it's not something else I think we need to stick with that. DIRECTOR OF BUILDING AND CODES, MR. HATIN-IfI can maybe this will end where John is headed. I can't take action to shut anybody's house down on my own this has to come to a Board of Health before any action is taken. The only thing we do is determine that we think there is a failure we bring that evidence to the board. If we don't find anything there is nothing to bring to anybody and we've had those before. We had sewer complaints and we found out that it's been vent pipes, we found out, it's been other things unrelated to septic systems and they have not been pursued, but they have been answered. We're not out there to crucify anybody we're out there to take the one percent and ninety nine percent that's going to give us a tough time as we had last year and give us some teeth in the law to deal with that. MR. SALVADOR-Under General Standards. You are inserting in the Code. All septic tanks must be installed below the original grade as it existed prior to the installation of the septic tank and then further on you say all new holding tanks. DIRECTOR OF BUILDING AND CODES, MR. HATIN-The same language. MR. SALVADOR-If a person has a failed septic system and just has no other relief they must go on a holding tank does the old septic tank become a new holding tank? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Do you want me to answer that? SUPERVISOR CHAMPAGNE-Yeah. DIRECTOR OF BUILDING AND CODES, MR. HATIN-In the first instance to answer his question I would have to say no because our holding tank regulations specify the amount of gallons that are required for the number of bedrooms in the home. That could be used as a part of a holding tank system if the tank was intact and in good shape and could be added to as far as additional tanks to create the capacity required as well as the alarm system being installed. To answer his first question no it can't be used, but it could be used if it allowed to be used in conjunction with additional tanks. MR. SALVADOR-Let's say the old septic new, new holding tank has not been installed in accordance with natural grade. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Then that would be a new one in nine years John because I never seen that situation. MR. SALVADOR-I've got eight on site septic systems, one holding tank, one grease trap. None of them have been installed with a relationship to natural grade. DIRECTOR OF BUILDING AND CODES, MR. HATIN-It doesn't say natural grade it says existing grade. MR. SALVADOR-What's existing? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Original grade existing prior to the installation. MR. SALVADOR-Original grade as existed prior to the installation. DIRECTOR OF BUILDING AND CODES, MR. HATIN-You saying original grade are you talking ten, twenty years ago. We look at it as the grade that existed prior to the installation of the tank that could be the day before. I don't see that as being a big issue. MR. SAL V ADOR- What a zinger. Original grade means it was established yesterday, could have been established yesterday. DIRECTOR OF BUILDING AND CODES, MR. HATIN-It could have been established an hour before the tank was installed it still existing. MR. SALVADOR-Don't write Ordinances like this please. DIRECTOR OF BUILDING AND CODES, MR. HATIN-I don't believe this is a problem. MR. BOEHM-I do. I interpret it as being the original grade before there was any....or anything. MR. SALVADOR-As you found the site. COUNCILMAN MONAHAN-As it existed prior to the installation of the septic tank. Believe me we wrestled that wording for many many hours. MR. SAL V ADOR- Why can't we just delete the whole sentence? COUNCILMAN MONAHAN-Because it takes care of one of the problems that has happened in this town. SUPERVISOR CHAMPAGNE-Can't we just put below the surface. That original grade takes me back to when God created the surface. COUNCILMAN MONAHAN-That's cause you are taking words out of the sentence out of content. You've got to on as it existed prior to the installation of the septic tank. It didn't say prior to.... SUPERVISOR CHAMP AGNE- Why don't we just say grade then let's get rid of original. MR. SALVADOR-Why can't we take it out entirely? SUPERVISOR CHAMPAGNE-All we're saying is holding tanks are scheduled to go under the surface, underground. COUNCILMAN MONAHAN-Underground. COUNCILMAN TURNER-Underground. SUPERVISOR CHAMPAGNE-That's all we're saying. COUNCILMAN MONAHAN-And you can't bring in the ground to change it by the septic tank. SUPERVISOR CHAMPAGNE-Same statement for both. Would that work for you Dave get rid of original just below grade. DIRECTOR OF BUILDING AND CODES, MR. HATIN-This brings up the point that Betty made. I guess it depends on what the board is trying to accomplish. Theoretically you could take a tank ten feet tall on your front yard and mount dirt over it and say, okay now it's below existing grade. You could have a hump that neighbors have to stare at over the lake which is one case in particular that this addresses it doesn't bother me one way or the other. COUNCILMAN MONAHAN-That's why that was put in. But as I said as it existed prior to the installation of septic tank so you can't change the grade after you put the septic tank in. MR. SALVADOR-That case Dave just referred to is obviously someone who feels that their level of enjoyment has been impacted by the elevation of their neighbors septic system. Interferes with the use and enjoyment that's where we're coming from. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Unless the board or the attorney or John can come up with some better language. The whole purpose of this is to make sure that holding tanks and septic tanks are placed under the ground. If we just put grade I don't believe that's going to answer the Issue. COUNCILMAN GOEDERT-Why can't we put underground? COUNCILMAN PULVER-Yeah, why can't we put underground? COUNCILMAN MONAHAN-Because as Dave said they can bring the ground, some of these holding tanks that are already up in the air many many feet all they have to do is bring some dirt and throw over it. COUNCILMAN GOEDERT-I believe that this is part of the Ordinance I've argued every time and I believe it's over the word original. Original is exactly what you are saying it to be. MR. SALVADOR-Does the board understand that we just passed a Waterfront Zoning Ordinance change that allows people to manufacturer finish grade. That's the level from which their building is going to measured from. It allows you to establish finished grade I don't know how many feet of fill that could be. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Can I make a suggestion. What if we took out the word and it says, installed below the grade that existed prior to the installation at the time? COUNCILMAN MONAHAN-Maybe it's below.... DIRECTOR OF BUILDING AND CODES, MR. HATIN-Take out original and insert the grade that existed prior to the installation. TOWN COUNSEL, MR. SCHACHNER-That's what Fred just said. SUPERVISOR CHAMPAGNE-Below the existing grade. COUNCILMAN MONAHAN-It could be below the finished grade. Jim what do you consider the finished grade? EXECUTIVE DIRECTOR, MR. MARTIN-Finished grade is the grade at which the landscaping is established and the project is completed. COUNCILMAN MONAHAN-If we said finished would that take care of the problem with somebody trying to change the grade for a septic tank? EXECUTIVE DIRECTOR, MR. MARTIN-I don't think so. COUNCILMAN GOEDERT-Anybody who has a holding tank at this point in time they are not going to fall under this correct? Are they not going to just be non compliance user? COUNCILMAN MONAHAN-You can't assume that cause this has happened once it's never going to happen again if that's ever going to be the only time. SUPERVISOR CHAMPAGNE-You know what bothers me here we're writing a law for one case maybe two, three, four or five. MR. SAL V ADOR-Oh no all the undeveloped land in this town. COUNCILMAN MONAHAN-You can have a problem with holding.... COUNCILMAN GOEDERT-The intent of this was to clean up a problem that we didn't have clear in our Ordinances to begin with. The Ordinance is there it just isn't clear enough. COUNCILMAN MONAHAN-Some of this wasn't in the Ordinance at all. DIRECTOR OF BUILDING AND CODES, MR. HATIN-There is another way to look at this. If you change the language if this is the board's intent to go with this. If somebody doesn't agree with my decision they can appeal it to the Board of Health if they lose that appeal then they go for a variance. That is the out to this, if you decide that you want this language in there. SUPERVISOR CHAMPAGNE-What's wrong with existing grade period? MR. SALVADOR -You are going to render alot of land useless. You are going to drive us into a sewer for the third time. COUNCILMAN MONAHAN-It all depends upon which you mean by existing grade which existing grade are you talking about? The existing grade before they go in to put a house in there and maybe drawn fill in or are you talking about the existing grade after the fill is brought in. That's what we are trying to clean up is that definition and make it, it's after the fill is brought in that grade there is okay, but you can't change that grade in order to make a holding tank go underground. MR. PLINEY TUCKER-Excuse me. COUNCILMAN MONAHAN-Wait a minute one person at a time up here. MR. TUCKER-When you apply for a building permit you also have to locate the sewer system on the plot plan where it's going to go. When you install it either this gentlemen or one of the other gentlemen in that department comes and takes a look at it. I can't see where you are having a big problem where people locate these things. SUPERVISOR CHAMPAGNE-I'll give you an example Pliney let's take the lake as an example. A system fails and there is no way since 1937 when that was first put in with a fifty five gallon drum it has failed, seriously failed. Now we're in a situation where there is no alternative, but let's say a holding tank. This gentlemen wants to put a eight foot high six by six tank along side of his neighbors line that's the issue here folks that we're dealing with. MR. TUCKER-He comes to you.... SUPERVISOR CHAMPAGNE-We need a law that says you can not do that so when we go to court we can have some strength. MR. TUCKER-Wait a minute he comes to you for permission to put that holding tank in right? COUNCILMAN MONAHAN-Yeah, but we can't turn it down on aesthetics reasons. MR. TUCKER-When he goes for the holding tank doesn't he have to apply for a permit through your office? DIRECTOR OF BUILDING AND CODES, MR. HATIN-That doesn't address what they are talking about. COUNCILMAN MONAHAN-Because that is arbitrary and capricious to deny it for that reason. SUPERVISOR CHAMPAGNE-You can't deny it. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Nothing says it has to be below grade. MR. SALVADOR-If it is the aesthetics you are worried about write it in there. Say that it has to be aesthetically installed. COUNCILMAN MONAHAN-That's in the eye of the beholder and a pretty loose standard. Let's see the judges with that word. SUPERVISOR CHAMPAGNE-Attorney's and Judges love that word. MR. SALVADOR - Pliney makes a good point here. You said that it has to be installed in accordance with existing grade. The man making the drawings and locating the elevation of that tank is going to be playing with the existing grade on a virgin site. It hasn't been filled yet you can't start building until you get a building permit. COUNCILMAN MONAHAN-You've got two situations here. You've got a situation on a lot that's established and a house is on it. Then you've got the other situation and I can think of one they were on sewer so it doesn't really apply to them, but where the lots were such that every single lot had fill brought in. In that case the fill grade if you were going to have a holding tank there it would be permissible the whole area has had fill brought in. You've got to remember this has to address two kinds of different situations and the language has to be so it will address both kinds. SUPERVISOR CHAMPAGNE-Okay, rather than get hung up on schematics here we could deal with original, existing, above, below, whatever. I think we have certainly understood what you are trying to tell us let's move along. MR. SAL V ADOR-I think in this regard we need to do a cost benefit analysis. My point on this is you are rendering alot of land in this town useless. Up on the lake we've got high rock down here on Bay Road you've got a swamp. What are you going to do put all these septic tanks down here or are you going to drive them into your sewer. That's what this does this creates an environmental impact that is going to lead to a project that's going to have serious environmental impact. Therefore you should do an EIS on this a full EIS quantify the impacts of this design. Up on the lake you would be blasting in virgin rock that is determined to be a sensitive natural resource area. COUNCILMAN MONAHAN-John that's why people are permitted to come in and apply for variances if they have an unusual situation. MR. SALVADOR-We're trying to take the load off the Zoning Board of Appeals aren't we? COUNCILMAN MONAHAN-It isn't the Zoning Board of Appeals it is in front of this board that the variance will come as a Board of Health. If they prove that they can't comply with this they have a very perfect case for a variance. MR. SALVADOR-You know the good land in this town has been developed it's what's left over. COUNCILMAN MONAHAN-John you are completely right and now the problem is to make sure the land that's left when it's developed does not have an undesirable adverse effect on the town and the residents that are in it. Otherwise you would throw out Planning and Zoning and forget it. MR. SAL V ADOR-I really think you need a full EIS on this subject. SUPERVISOR CHAMPAGNE-Okay, thanks. MR. SAL V ADOR-I think you should communicate with your Town Assessor. It wouldn't be too difficult to determine how many building lots are involved in this Ordinance how many are going to be seriously impacted one way or the other. The owners of that land where the land is zoned for development should be put on notice that this Ordinance is being discussed. They don't even know about this nobody knows you don't see anybody in the room tonight. I hate to be a guy owning a hundred some acres down the road here that had to install his septic systems if you put them on the site below the original grade. SUPERVISOR CHAMPAGNE-This doesn't interfere with the mounding systems does it? COUNCILMAN MONAHAN-No. MR. SAL V ADOR- You've got to pump up. SUPERVISOR CHAMPAGNE-I understand. COUNCILMAN MONAHAN-If you have to bring in fill for your lot that's going to be the grade that's there for your septic and everything that's why that was worded that way. SUPERVISOR CHAMPAGNE-What else do you have there? MR. SALVADOR - I brought with me tonight an EP A Guideline for Water Reuse. I brought with me Alternate Wastewater Collection Systems by the EP A. Wastewater Treatment Disposal for Small Communities by the EPA. Individual Household Systems Division of Environmental Health, New York State Health Department. Designs Standards for Wastewater Treatment Works in Lake George Basin and the New York State Health Code. Not a one of them requires that a septic tank be installed below finished grade or below original grade. SUPERVISOR CHAMPAGNE-Anyone else care to speak? GILBERT BOEHM, DUNHAM'S BAY-I have the same problem with the word original that John had. I went through alot of documents as well namely the Local Health Law and others, DEe. This word original to me implies the grade before you have in turn modified it with additional fill or anything like that. It also implies to me that you would be faced with pumping out of the septic tank up to a higher level distribution box or field. Presumably the field is suppose to be about eighteen inches below the surface that's the finished surface. If you in fact buried the tank alot deeper you are going to have to be pumping up. There is a conflict here if you just took the word original out it would change it so it would be acceptable to, I think anyone's interpretation. If you tried to structure this law to handle that one situation that Betty talks about where some guy has a septic tank or a holding tank that he really wants to put way up high and you are trying to do it for that single individual that's an odd ball case how many of those are you going to get? You ought to really structure the Ordinance for the predominant cases where you are going to have back fill etc., and not mislead people with the use of the word original. I've also got some question relative to the meaning of the word structure. On 136-12, which is Article III, Preexisting Systems, Page 3. It says this Article shall not be construed to permit any unsafe use structure or failed preexisting individual sewage disposal system, what does structure mean here? DIRECTOR OF BUILDING AND CODES, MR. HATIN-It says when such structure or disposal system. Structure would refer to the dwelling or the building on the property. MR. BOEHM-Why is that in this Ordinance when you are dealing primarily with septic systems how does that apply? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Basically if a system has failed inside the dwelling which means in a couple of particular instances we've had where they have actually failed into the basement and the problem has existed in the basement not on the property I can think of four right now, one is on going right now. MR. BOEHM-Okay. The other thing last sentence under enforcement. Page 6, very last page. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Page 7. MR. BOEHM-Where the person committing such violation is a partnership, association, or corporation or limited liability company then it has in there it has member. You mean to say any old member can be nailed for this? SUPERVISOR CHAMP AGNE- That's what it says. We're talking here I don't know Dave, Counsel, do you remember if we're to be a corporation. COUNCILMAN MONAHAN-The members are the Association. SUPERVISOR CHAMPAGNE-Is that what we're referring too? TOWN COUNSEL, MR. SCHACHNER-Yeah, basically. SUPERVISOR CHAMPAGNE-Member would be held responsible. COUNCILMAN MONAHAN-A member of an Association. TOWN COUNSEL, MR. SCHACHNER-The point is those first terms are legal creatures, but they don't exist in real life. A partnership is not a physical thing it's a legal entity. The point is that if a partnership for example is what's legally defined as the person. Well who do you consider the person for the purpose of enforcement in this case it would be a partner, if you pick a partnership as an example. MR. BOEHM-I can understand partner. I can understand corporate officer. I can understand manager, but I can't understand the use of the word member. COUNCILMAN MONAHAN-That goes back to association because association is a member. TOWN COUNSEL, MR. SCHACHNER-An association doesn't have a partner it doesn't have any of those things. MR. BOEHM-It has no individual who is accountable? COUNCILMAN MONAHAN-The members are accountable in an association. MR. BOEHM-Usually, there is a chairman or something isn't there? TOWN COUNSEL, MR. SCHACHNER-It depends on your association. EXECUTIVE DIRECTOR, MR. MARTIN-We're talking about a Homeowners Association or something like that. MR. BOEHM-Okay, that just floored me. Coming back to the first page with this word enjoyment and aroma's. I can see where you could be jerked around alot by me. My neighbor has a system in which his tank is up high. He pumps from down below pumps up and then drains back. The vent on that system is such that when he pumps up with a huge burst the odors come out all the time. COUNCILMAN MONAHAN-For how long a period of time? MR. BOEHM-It depends. COUNCILMAN MONAHAN-Give us an example. It is a half an hour or four days? MR. BOEHM-Sometimes it lingers for half a day. COUNCILMAN MONAHAN-How often would that happen? MR. BOEHM-If he's got alot of company it happens quite frequently. COUNCILMAN MONAHAN-What's quite frequently? MR. BOEHM-In the summer like maybe twice a day. SUPERVISOR CHAMPAGNE-Everyday? MR. BOEHM-Everyday as long as the company is there. SUPERVISOR CHAMPAGNE- Depending on a low pressure area or high pressure area or which way the wind is blowing, right? MR. BOEHM-All of those things. SUPERVISOR CHAMPAGNE-I understand what you are saying. COUNCILMAN MONAHAN-There is probably some way to correct that situation. SUPERVISOR CHAMPAGNE-I have a neighbor that fertilizes his field, you know what I enjoy it most. MR. BOEHM-I used to use Chicago sewage and that would linger for days. SUPERVISOR CHAMPAGNE-Anyone else care to speak? COUNCILMAN GOEDERT-As I have through the whole thing we need to change the word original. SUPERVISOR CHAMPAGNE-What's your suggestion you must have a better idea? COUNCILMAN GOEDERT-I don't have a better idea, but original to me.... SUPERVISOR CHAMPAGNE-Let's get rid of it. COUNCILMAN PUL VER-I think it reads below the grade..... DIRECTOR OF BUILDING AND CODES, MR. HATIN-I know the intent of the board I'm comfortable enforcing it, it's just what the verbiage is. SUPERVISOR CHAMPAGNE-You could work with it either way. Okay, we scratched original. Any other thoughts, ideas, coming from the board. Are we at a point where we close the public hearing and have a vote? COUNCILMAN TURNER-You've got to do the SEQRA. COUNCILMAN MONAHAN-What did you guys decide to do? COUNCILMAN TURNER-Scratch the word original. EXECUTIVE DIRECTOR, MR. MARTIN-We only have two changes. You've got removal of unsafe and the word original. COUNCILMAN GOEDERT-Unsafe is that through the whole document? COUNCILMAN TURNER-I don't believe so. ROGER BOOR-The question I had is like on the Peggy Ann Road remember those people that were in and they were complaining about the water they had in the cellars? TOWN BOARD-Queensbury Forest. MR. BOOR-How do you handle that with this? What if that is unsafe and the Town is responsible are you going to have to correct it, I mean you talk about capricious and arbitrary. If the Town is at fault you are putting yourself in a situation if it's not safe and you are aware of it and your responsible for it you have to take care of it. SUPERVISOR CHAMP AGNE-A couple of questions I would raise into that obviously. I'm not sure that this law really has an affect on the condition that exist out there, number one. Number two, you are referring to if the town is responsible which still leaves alot of room for the unknown. I'm not here to tell you that the town is responsible for that. Given that I don't know whether this has any effect counsel you can respond to that. TOWN COUNSEL, MR. SCHACHNER-Your exact reaction. SUPERVISOR CHAMPAGNE-Really has nothing to do with the Queensbury Forest. MR. BOOR-How do you determine fault then? COUNCILMAN MONAHAN-I think it would be determined in a court oflaw, I say. SUPERVISOR CHAMPAGNE-It could very well be handled in the courts. MR. BOOR-Even on an individual basis? SUPERVISOR CHAMPAGNE-Yes. COUNCILMAN MONAHAN-If what I hear you say Roger the town is responsible for somebody's system failing that's the supposition. I think the town, check me if you don't agree with what I'm saying. the town can't make the decision in most cases. I think that is something that has to be proven and the burden of proof would be on the person making that acquisition. MR. BOOR-I guess that's why I refer back to your statement capricious and arbitrary. You are certainly not going to go after yourself are you? TOWN COUNSEL, MR. SCHACHNER-Actually municipalities if they find themselves at fault in any number of circumstances municipalities do typically take the remedial steps necessary to comply or whatever. MR. BOOR -You are already in the past tense. You say if they find they're at fault. I'm saying that you are not going to even try to find out if you suspect you are at fault. You leave it up to the homeowner or whoever else to take the action. TOWN COUNSEL, MR. SCHACHNER-That's not my impression of how this board typically operates. We can name examples where in fact the board is actively involved in investigating things where people think the town maybe involved to see whether the town is involved or not. They don't have to do that you are correct to that extent. MR. BOOR-I'm just saying when do you determine that something is serious and unsafe enough where you are going to act on it? SUPERVISOR CHAMPAGNE-Individual case. Every individual case it depends on what surfaces. It depends on what action we must take by law there are a whole lot of circumstances that have to be considered. MR. BOOR-If Queens Forest, I'm sure of the name. SUPERVISOR CHAMPAGNE-Queensbury Forest. We're meeting here Wednesday night with the engineers to review that case out there you are more than welcome to sit in with us. MR. BOOR-I'm not so much concerned who is at fault I'm just wondering if it is going to get taken care of. When they came in it sounded like it's been a problem for a long time. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? MR. SALVADOR-It's foreseen that in North Queensbury we will probably have to be installing alot of septic tanks to accomplish this wastewater management program we're talking about. If they have to be installed below the grade? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Whatever the board determines John. MR. SALVADOR-It's probably going to involve blasting. Blasting very close to the home with alot of homeowners up there. You are talking granite and it has to be below the grade how far below the grade, frost, what's below mean? DIRECTOR OF BUILDING AND CODES, MR. HATIN-At grade or below? MR. SAL V ADOR-I insist that you do a full environmental review there are serious serious cost effects. A project that we've got an estimate on we have a grant on you could seriously upset with this Ordinance. COUNCILMAN MONAHAN-John, I think my answer to that is that's when the variance process comes into effect. MR. SALVADOR - We're not talking one or two we could be talking a whole neighborhood. SUPERVISOR CHAMPAGNE-John why don't we just wait and see. I can't disagree with everything you are saying. If that should be the case and that's what engineering comes back with then obviously you are right then the town has to take another look at this. Just as we're changing this Ordinance tonight we can certainly reverse it, change it, modify it, to satisfy what you are saying and we would do that. MR. SAL V ADOR- To facilitate this project up there your engineer is about to determine what a typical hookup cost is going to be. SUPERVISOR CHAMPAGNE-Correct. MR. SALVADOR-Associated with a typical hookup cost could be the cost of a new septic tank because we determined everyone has got to have an up to spec septic tank. SUPERVISOR CHAMPAGNE-That's true. MR. SALVADOR-So that could be a part of a typical hookup cost. SUPERVISOR CHAMPAGNE-That's true. MR. SALVADOR-He's making a rock survey now I understand. SUPERVISOR CHAMPAGNE-Correct. MR. SALVADOR-Incorporated in the costs he has to. I don't know how you get these septic tanks down below finished grade in a place like Rockhurst with the over burden is about two feet. COUNCILMAN MONAHAN-Where are their septic systems now? MR. SALVADOR-It's immaterial because they are probably not up to spec and they've got to be removed. COUNCILMAN MONAHAN-If they are removed and we're just going for a tank per sa with no field or anything why can't the new tank go where the old tank already is? MR. SALVADOR-Because it's probably out under the road. COUNCILMAN MONAHAN-May have to go out under the road again. SUPERVISOR CHAMPAGNE-John I'm hearing you very carefully and very closely. I'm just saying if that should occur and once that is established then we'll have to act on that accordingly. This Town Law will not hold up North Queensbury Sewer Project, I'll tell you that. MR. SALVADOR-It can influence the outcome of a vote. Those homeowners are going to be told what their hookup costs might be that's what the consultant is doing now. He is coming up with some costs per foot, a septic tank what have you. The homeowner is responsible for the septic tank and the line to the sewer. COUNCILMAN MONAHAN-John some of those lots you are talking about probably aren't going to be able to get a septic tank on them because of the size of them and everything else. Those are alot of adjustments that are going to have to be made. I think the engineer is aware of that we may have to do some other changes in some of those neighborhoods. I don't think this law should be written in anticipation of what we may have to be doing six or eight months down the road maybe two or three years down the road. SUPERVISOR CHAMPAGNE-John is right, you know. I can see a septic tank being buried two feet in the ground possibly three feet covering over top of it with a pipe that goes from that septic tank to the collection pipe that has a mound over it.... COUNCILMAN MONAHAN-Fred some of those areas that we are talking about those lots are so small they can't even comply with the Ordinance that is written today without a variance. You still are going to have a variance with this so you are not changing that situation. MR. SAL V ADOR- That's why we're putting in the sewer. SUPERVISOR CHAMPAGNE-John as result of that we're not going to reflect on the entire Town of Queensbury based on that project that's going in North Queensbury. We can modify, adjust, revise, do whatever is necessary up there to make it happen. MR. SALVADOR-It is expected then that you will give the consultant his marching orders with regard to the cost of the installation of a septic tank that's all he has to know. What do I put in the numbers? What's the design basis then the rest is easy. SUPERVISOR CHAMPAGNE-Exactly. MR. SALVADOR -You will take care of that? SUPERVISOR CHAMPAGNE-I will take care of that. That will be taken care of. MR. SALVADOR-Thank you. SUPERVISOR CHAMP AGNE- The other question is John I don't even know whether EP A would approve an above ground kind of an arrangement. There are all these things that still have to be reviewed before that goes forward. I'll keep you posted and you attend the meetings. MR. SAL V ADOR-I know they won't, but there are ways to overcome. COUNCILMAN MONAHAN-In all seriousness they may have to go under the road again we don't know that yet. SUPERVISOR CHAMPAGNE-Okay where are we? COUNCILMAN TURNER-Are we going to do the EIS? SUPERVISOR CHAMPAGNE-Let's close the public hearing. PUBLIC HEARING CLOSED 8:00 P.M. PART II ENVIRONMENTAL ASSESSMENT FORM A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NONE C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NONE C7, Other impacts? NONE D, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts. NO DISCUSSION HELD EXECUTIVE DIRECTOR, MR. MARTIN-Just a note. Part I of the form has to be signed as well as Part II. Any exceptional language for reasons for supporting the determination on Page 2, Notice of Determination of Non-Significance? COUNCILMAN MONAHAN-I think what we're attempting to do with this law is to make a positive effect on the environment. Very sensitive to groundwater problems and problems around lakes etc. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF LOCAL LAW NUMBER 4, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 136 ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO.: 184,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by revising Chapter 136 entitled" Sewers and Sewage Disposal," which Local Law revises certain sections in Part 1, "On-Site Sewage Disposal Systems," of said Chapter 136, and WHEREAS, the Town Board of the Town of Queensbury is duly qualified to conduct compliance with the State Environmental Quality Review Act (EYE) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action pursuant to the EYE Rules and Regulations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board after considering the action proposed herein, reviewing the Environmental Assessment Form, and thoroughly analyzing the action with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part III of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Clerk's Office is hereby authorized and directed to file it in accordance with the provisions of the EYE regulations. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ENACT LOCAL LAW NUMBER 4, 1997 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REVISING CHAPTER 136 ENTITLED, "SEWERS AND SEWAGE DISPOSAL" RESOLUTION NO. 185, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by revising Chapter 136 entitled, "Sewers and Sewage Disposal," which Local Law revises certain sections in Part 1, "On-Site Sewage Disposal Systems," of said Chapter 136, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on May 5, 1997, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury by revising Chapter 136 entitled, "Sewers and Sewage Disposal," to be known as Local Law Number 4, 1997, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONAHAN-Noted the her approval with the resolution with the following changes. Taking out the word unsafe on Section I-D, taking out the word original in Section 3-E. COUNCILMAN GOEDERT-Noted the word original in Section 5, Page 4, in reference to holding tanks? COUNCILMAN MONAHAN-Agreed. LOCAL LAW 4, OF 1997 A LOCAL LAW TO AMEND CHAPTER 136 OF THE CODE OF THE TOWN OF QUEENSBURY, ENTITLED "SEWERS AND SEWAGE DISPOSAL" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 136-5 of Chapter 136 of the Code of the Town of Queensbury entitled "Sewers and Sewage Disposal", is hereby amended by adding two new paragraphs as follows: D. It shall be unlawful for any person to use, occupy or maintain any building, residence or dwelling with a failed on-site sewage disposal system, including but not limited to failed individual sewage disposal systems or failed preexisting individual sewage disposal systems; or, to use any such system that is a source of pollution to surface water or groundwater or interferes with the use and enjoyment of the property and/or neighboring property. E. An individual sewage disposal system shall be deemed to have failed if groundwater or surface water is shown to contain sewage which has leached from the system. In addition, if a dye test is performed and the dye is found anywhere upon the property or within the dwellings or outbuildings that are on the property and/or neighboring property, the individual sewage disposal system shall be considered failed. The enforcement officer may conduct or cause to be conducted the dye test, upon reasonable notice to the owner or occupant, if, in his sole discretion, he has reason to believe that the system has failed. The dye test shall be considered prima facie evidence in any Court that the system has failed. Upon reasonable notice to the owner or occupant, the enforcement officer, in his sole discretion, may conduct or cause to be conducted further testing, including water sampling or excavation, to determine what has caused the failure and how it should be remediated. SECTION 2. Section 136-6 of the Code of the Town of Queensbury is hereby amended to revise two definitions to read as follows: MAJOR REPAIR! AL TERA TION/ENLARGEMENT - Any replacement or reconstruction of the septic tank or the leaching facility of an individual sewage disposal system or any other repair or replacement not otherwise defined as a minor repair. MINOR REPAIR - The replacement or repair ofpipe(s) between the septic tank and the house, replacement or repair of pipe(s) between the septic tank and the distribution box, replacement or repair of pipe(s) between the distribution box and the seepage pit, or replacement or repair of the distribution box. SECTION 3. Section 136-8 of the Code of the Town of Queensbury is hereby amended to add a new paragraph "E" to read as follows: E. All septic tanks must be installed below the grade as it existed prior to the installation of the septic tank. SECTION 4. to read as follows: Section 136-11(A) of the Code of the Town of Queensbury is hereby amended A. Holding tanks are prohibited unless a variance is granted for a holding tank by the Local Board of Health, pursuant to the variance provisions at ~136-18 to ~136-20 of this Chapter. SECTION 5. Section 136-11(B) of the Code of the Town of Queensbury is hereby amended and a new subparagraph (18) is added to read as follows: B. In the event the Local Board of Health grants a variance authorizing use of a holding tank, the design and installation of the holding tank and alarm system shall comply with the following specifications: (18) All holding tanks must be installed below the grade as it existed prior to the installation of the holding tank. SECTION 6. read as follows: Section 136-12 of the Code of the Town of Queensbury is hereby amended to Subject to the provisions of this Part 1, the use or maintenance of a properly functioning preexisting individual sewage disposal system may be continued, but it shall be unlawful to alter, enlarge, repair or extend such systems except in conformity with the provisions herein. Notwithstanding the foregoing or any other provisions of this Chapter, pursuant to ~179-16(G) of the Town Zoning Ordinance, a preexisting individual sewage disposal system must conform to this Part I if it is used in connection with an existing structure located in a WR-3A or a WR-IA Waterfront Residential Zoning District in which the floor area of the structure is increased. This Article shall not be construed to permit any unsafe use, structure or failed preexisting individual sewage disposal system. Nor shall this Article be construed to permit any structure or failed preexisting individual disposal system when such structure or disposal system constitutes a threat to the public health, safety, welfare or environmental quality or permits the seepage of sewage waters to the ground, surface water or groundwater or interferes with the enjoyment or use of property and/or neighboring properties. SECTION 7. Section 136-13(A) and (B) of the Code of the Town of Queensbury are hereby amended to read as follows: A. It shall be unlawful to repair, alter or enlarge a preexisting individual sewage disposal system, except that: (1) Minor repairs and minor alterations may be undertaken without a permit. (2) Major repairs, major alterations or major enlargements may be undertaken pursuant to a disposal system building permit. B. It shall be unlawful to use any system that has undergone major repairs or major alterations unless a disposal system use permit is issued pursuant to Article IV of this Part 1. SECTION 8. to read as follows: Section 136-14(C) of the Code of the Town of Queensbury is hereby amended C. Duty of Director of Building and Code Enforcement. The Director of Building and Code Enforcement, or his/her designee, shall be the Enforcement Officer, and is referred to throughout this Part I as the Enforcement Officer or the Director of Building and Code Enforcement. It shall be the duty of the Director of Building and Code Enforcement to inspect all facilities falling under the jurisdiction of this Part 1, including but not limited to all individual sewage disposal systems and all preexisting individual sewage disposal systems, and(s)he is hereby authorized to enter any parcel of property within the Town of Queensbury pursuant to this authority. Where practical, such inspections and entry shall be made after reasonable notice to the owner or occupant. If it is necessary to enter a structure to make an inspection, the owner must consent to the entry and the owner or owner's representative must be present when the entry and inspection is made. If the owner refuses to consent, the Enforcement Officer shall report to the Town Board and the Town Board may authorize Town Counsel to seek a court order authorizing the entry and inspection. SECTION 9. to read as follows: Section 136-25(B) of the Code of the Town of Queensbury is hereby amended B. The enforcement officer or his/her designee may inspect any individual sewage disposal system including preexisting individual sewage disposal systems, to ensure that it is being maintained in proper working order. It shall be unlawful for the owner or occupant of the property to deny such enforcement officer access to the property at reasonable times for the purpose of making such inspections. Where practical, inspections shall be made only after reasonable notice to the owner or occupant, and twenty-four (24) hours notice shall be given where practical. Where the enforcement officer determines that a system is not being maintained in compliance with this Part 1, (s)he may order that use of the system cease and/or that the defects be corrected and/or the misuse abated within a reasonable time. If the prescribed action is not taken within the time fixed by the enforcement officer, in addition to any other remedies provided by law, (s)he may revoke the use permit, if any, for the system. SECTION 10. Section 136-27 of the Code of the Town of Queensbury entitled "Penalties for offenses" is hereby amended to read as follows: Any person owning, controlling or managing any building, structure, land or premises therein or whereon there shall be placed on or there exists a structure or sewage disposal system in violation of this Part 1, and any person who shall commit or assist in the commission of any violation of this Part 1 or who shall build, erect, construct or attempt the same, any structure contrary to the plans or specifications submitted to the authorized official and by him certified as complying with this Part 1, and any person who shall omit, neglect or refuse to do any act required by this Part 1, shall be subject to a penalty of not more than two hundred fifty dollars ($250) or to imprisonment for a term not exceeding fifteen (15) days, or both. Every such person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association, corporation or limited liability company, the principal executive officer, partner, agent, manager or member may be considered to be the person for the purposes of this Article. SECTION 11. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 12. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 13. This Local Law shall take effect immediately upon filing thereof in the Office of the New York Secretary of State. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 186, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 5th day of May, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR DAVID MARGISON RESOLUTION NO.: 12,97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, the Town Board of the Town of Queensbury is, by operation of Law, the Local Board of Health for the Town of Queensbury and, as such, is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from such Ordinance, and WHEREAS, David Margison has applied to the Local Board of Health of the Town of Queensbury for two variances from certain standards of the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be a 6 feet distance between the septic tank and the dwelling in lieu of the required 10 feet distance and a 6 feet distance between the absorption field and the dwelling in lieu of the required 20 feet distance, and NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on May 19, 1997, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Town of Queensbury, Warren County, New York, to consider the application for variances of David Margison to allow a 6 feet distance between the septic tank and the dwelling in lieu of the required 10 feet distance and a 6 feet distance between the absorption field and the dwelling in lieu of the required 20 feet distance on property situated at 18 Hampton Court, Town of Queensbury, New York, and bearing Tax Map No. Section 121, Block 14, Lot 12, and at that time all persons interested in the subject thereof will be heard, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury be and is hereby directed and authorized, when in receipt of a list of neighbors within 500 feet of the subject property, to publish and provide Notice of said Public Hearing as may be required by law, and authorized to mail copies of said Public Hearing Notice to the adjoining neighbors. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: DIRECTOR OF BUILDING AND CODES, MR. HATIN-The person who is applying is seeking a variance because they are putting an addition on their home. It would be what they feel extremely expensive to move the system so they are asking for the variances from the tank as well as the system. The leach field is part of the system so they can maintain it as is and go with the setbacks that are proposed. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 13, 97 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of Queensbury. Duly adopted this 5th day of May, 1997, by the following vote: Ayes: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne Noes: None Absent:None DISCUSSION HELD DIRECTOR OF BUILDING AND CODES, MR. HATIN-Spoke to the board regarding the Goldie Lopez mobile home on Illinois Avenue. Noted Supervisor Champagne received a letter from Attorney Dan Hogan requesting a three month extension. (Pictures shown) Noted that renovations have been done to the inside of the home would like an extension for three months to continue these renovation. After further discussion the following resolution was passed. RESOLUTION EXTENDING PUBLIC HEARING FOR GOLDIE LOPEZ RESOLUTION NO. 187,97 INTRODUCED BY: MR. THEODORE TURNER WHO MOVED FOR ITS ADOPTION SECONDED BY: CONNIE GOEDERT RESOLVED, that the Town Board of the Town of Queensbury hereby extends the public hearing regarding the property of Goldie Lopez for ninety (90) days. Duly adopted this 5th day of May, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None CORRESPONDENCE DEPUTY TOWN CLERK, O'BRIEN-Read following letter into the record. Letter dated May 2, 1997 From: Donald W. O'Leary, 11 Stonehurst Drive, Queensbury, New York. Mr. Christian G. Thomas Chairman Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, New York 12804 Dear Chris: As a result of an unfortunate streak of health problems, I have had to miss a few of our meetings, and it appears that the situation might continue for the immediate future. In order to give the Board the opportunity to enlist an active full-time participant, I am submitting my resignation effective immediately. I have enjoyed working with you and the other members of the Board as well as the Staff, and I am disappointed not to have completed my full term. Regards. Sincerely, Donald W. O'Leary RESOLUTION ACCEPTING RESIGNATION OF DONALD W. O'LEARY INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLUTION NO. 188, 97 RESOLVED, that the Town Board of the Town of Queensbury hereby accepts with regret the resignation of Donald W. O'Leary. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None RESOLUTIONS RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF THE ADIRONDACK RUNNERS CLUB AND WEST GLENS FALLS VOL. FIRE CO., INe. RESOLUTION NO.: 189,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Adirondack Runners Club and West Glens Falls Volunteer Fire Company have requested permission to conduct a foot race for the benefit of their organizations, as follows: SPONSOR: Adirondack Runners Club, West Glens Falls Volunteer Fire Company EVENT:Foot Race DATE: Saturday, June 28, 1997 PLACE: Beginning at St. Alphonsus Church, Broad Street, Glens Falls and ending at the West Glens Falls Firehouse on Luzerne Road, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club and West Glens Falls Volunteer Fire Company to hold a Foot Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to date and time of the event. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO AMEND 1997 BUDGET RESOLUTION NO.: 190,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, certain departments have requested transfers of funds for the 1997 Budget, and WHEREAS, said requests have been approved by the Chief Fiscal Officer, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred as follows, for the 1997 budget: ASSESSMENT: FROM: TO: $ AMOUNT: 01-1355-4400 (Misc. Contractual) 01-1680-2032 (General Fund- $1,000. Computer Software) 01-1355-4740 (Article 7) 01-1680-2032 (General Fund- Computer Software) 500. COMMUNITY DEVELOPMENT: FROM: TO: $ AMOUNT: 01-8030-4400 (Comm. Research- Misc. Contractual) 01-1680-2032 (General Fund- Computer Software) $1,500. 01-3620-2020 (Vehicles) 01-1680-2032 (General Fund- Computer Software) 1,250. COMMUNITY DEVELOPMENT (Cont.): FROM: TO: $ AMOUNT: 01-8010-4090 (Zoning - Conf. Expense) 01-8020-4090 (Planning - Conf. Expense) $200. 01-8020-4400 (Misc. Contractual) 01-8020-4220 (Training/Education) 600. and BE IT FURTHER, RESOLVED, that the 1997 Town Budget is hereby amended accordingly. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INe. FOR COMPUTER SERVICES - UPDATING THE TOWN'S MAP INFO TAX PARCEL COVERAGE RESOLUTION NO. 191,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously authorized an analysis of the deficiencies in the current tax parcel coverage map as it exists on the Town Geographic Information System (GIS) software, and WHEREAS, the Town Board of the Town of Queensbury wishes to contract for services to update the Town's tax parcel coverage stored in the GIS software presently used by the Town of Queensbury Departments of Community Development, Water, Wastewater, Assessment, Highway and Recreation, and WHEREAS, Applied GIS, Inc., has submitted a written proposal to update the Town's tax parcel coverage stored in the MapInfo format for an amount not to exceed $16,830, and WHEREAS, the Town Board of the Town of Queensbury has determined that to do this correctly requires unique and complex computer services involving a high degree of skill and training and that Applied GIS, Inc. has the requisite skill and training, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of Applied GIS, Inc. to update the Town's tax parcel coverage stored in the MapInfo format for an amount not to exceed $16,830, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Executive Director of Community Development to execute the customer authorization form for said services on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of the services shall be paid for from Computer Software Account No. 01-1680-2032. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF APPLIED GIS, INe. TO PROVIDE ON-GOING TAX PARCEL UPDATE SERVICES RESOLUTION NO. 192,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury wishes to contract for services to update the Town's tax parcel coverage on an ongoing basis to reflect ongoing changes in the Geographic Information System (GIS) software presently used by the Town of Queensbury Departments of Community Development, Water, Wastewater, Assessment, Highway and Recreation, and WHEREAS, Applied GIS, Inc., has offered to update the Town's tax parcel coverage stored in the MapInfo format on an ongoing basis at a rate of $85 person/hour or an estimated amount of $340 per month, and WHEREAS, the Town Board of the Town of Queensbury has determined that to do this correctly requires unique and complex computer services involving a high degree of skill and training and that Applied GIS, Inc. has the requisite skill and training, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the engagement of Applied GIS, Inc. to update the Town's tax parcel coverage stored in the MapInfo format on an ongoing basis at a rate of $85 person/hour or an estimated amount of $340 per month, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Executive Director of Community Development to execute the customer authorization form for said services on behalf of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the cost of the services shall be paid for from Computer Software Account No. 01-1680-2032. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN GOEDERT-Noted the board met in Workshop regarding this noting all her questions were answered, recommended moving ahead with this. RESOLUTION TO ENGAGE LEGAL COUNSEL TO ASSIST IN PREPARATION OF GENERIC ENVIRONMENTAL IMPACT STATEMENT (GElS) FOR ADMINISTRATIVE APPROVAL OF INDUSTRIAL SITES RESOLUTION NO. 193,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town of Queensbury needs legal services in connection with the Town Planning Department's creation of an administrative approval for development of industrial sites within the Town of Queensbury, including assistance in preparing a Generic Environmental Impact Statement (GElS) under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, the Town has previously selected the law firm of Miller, Mannix & Pratt, P. C. as its Town Counsel, and WHEREAS, Miller, Mannix & Pratt has offered its legal services to the Planning Department to assist in the GElS process, such services to be in two phases: 1. Phase 1 - will provide legal guidance through the procedural steps necessary for issuance of the Draft GElS, conducting a SEQRA public hearing, preparation of the Final GElS and adoption of the SEQRA Findings Statement; and 2. Phase 2 - will draft, revise and edit the Draft GElS document in conjunction with the efforts of the Town Planning Staff to the level of acceptance of the Draft GElS by the Town Board; and WHEREAS, said Phase 1 services fall within the scope of general legal services Miller, Mannix & Pratt currently provides to the Town of Queensbury and so the Town will not need to incur any additional expenses for these services, and WHEREAS, said Phase 2 services fall outside the scope of the general legal services currently provided to the Town and so Miller, Mannix & Pratt has proposed to provide these services for an amount not to exceed $20,000, and WHEREAS, the Town Board of the Town of Queensbury wishes to engage Miller, Mannix & Pratt, P.e. for said Phase 1 and Phase 2 legal services, and WHEREAS, a proposed Agreement for Legal Services has been provided to the Town Board prior to and at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Miller, Mannix & Pratt, P. C. to provide legal services to the Town Planning Department regarding the creation of an administrative approval for development of industrial sites within the Town of Queensbury, including assistance in preparing a Generic Environmental Impact Statement (GElS) under the New York State Environmental Quality Review Act (SEQRA), and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute the Agreement for Legal Services with Miller, Mannix & Pratt, P. e. on behalf of the Town for said services, and BE IT FURTHER, RESOLVED, that the legal services over and above the scope of Miller, Mannix & Pratt's general legal services currently provided to the Town (Phase 2 services) in the amount not to exceed $20,000 shall be paid for from Miscellaneous Contractual Account No. 13-6989-4400, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves, authorizes, and directs that the 1997 Budget be amended as follows: 1) Increase appropriations in the Economic Development Fund Miscellaneous Contractual Account No. 13-6989-4400 by $20,000.; 2) Increase appropriated fund balance in the Economic Development Fund Miscellaneous Contractual Account by $20,000. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: SUPERVISOR CHAMPAGNE-Questioned if a termination date should be included in this? EXECUTIVE DIRECTOR, MR. MARTIN-Noted there are some ranges built into a Environmental Impact Statement process it is not a firm date. There is alot of public input and scoping that can take some time. COUNCILMAN MONAHAN-Noted the outline will control the date. SUPERVISOR CHAMPAGNE-Okay. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. , 1997 A LOCAL LAW TO AMEND CHAPTER 73 OF THE CODE OF THE TOWN OF QUEENSBURY ENTITLED, "DOGS AND OTHER ANIMALS" TO AMEND, REVISE AND/OR ADD CERTAIN PROVISIONS THERETO RESOLUTION NO. 194,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No. _,1997 entitled, "A Local Law to Amend Chapter 73 of the Code of the Town of Queensbury Entitled, 'Dogs and Other Animals,' to add two new definitions and amend the paragraphs entitled "Prohibited activities" and "Penalties for offenses," and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on the 19th day of May, 1997, to consider said Local Law No. _, 1997 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No. _, 1997 in the manner provided by law. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None RESOLUTION APPOINTING TOWN COMPTROLLER AND REDELEGATING DUTIES TO COMPTROLLER RESOLUTION NO. 195,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, by previous resolution the Town Board of the Town of Queensbury established the position of Town Comptroller in accordance with the Town Law of the State of New York, and WHEREAS, the former Comptroller has resigned and the position is currently vacant, and WHEREAS, by Resolution No. 114,97, the Town Board delegated the Comptroller duties to the Town Board and Town Supervisor during the interim period until appointment of a new Town Comptroller, and WHEREAS, Town Law ~20 sets the initial term of appointment for this office to be until the January 1st immediately succeeding the next Town biennial election, and WHEREAS, the Town Board of the Town of Queensbury has arranged for the advertisement of the position, review of resumes and interview of interested candidates, and WHEREAS, the Town Board of the Town of Queensbury is desirous of making an appointment to the position of Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, in accordance with the authority provided by Town Law ~20, hereby appoints Mr. Henry Hess to the position of Town Comptroller, with his term to begin Tuesday, May 6, 1997, with the salary to be at a rate of $43,500 per annum, with the same to be paid on a prorated weekly basis, and BE IT FURTHER, RESOLVED, that such appointment shall be for a term until January 1, 1998 pursuant to Town Law, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby re-delegates the various financial duties set forth in Resolution No. 114, 97 back to the Comptroller, and BE IT FURTHER, RESOLVED, that the salary for the position of Town Comptroller will be paid for out of account #01-1315-1035, and BE IT FURTHER, RESOLVED, that Mr. Hess shall begin work on Tuesday, May 6, 1997. Duly adopted this 5th day of May, 1997 by the following vote: AYES: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None RESOLUTION TO ALLOW FOOT RACE FOR THE BENEFIT OF BIG BROTHERS/BIG SISTERS OF WARREN, WASHINGTON, AND NORTHERN SARATOGA COUNTIES RESOLUTION NO. 196,97 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Tri-Counties Big Brothers/Big Sisters Organization has requested permission to conduct a foot race for the benefit of their organization as follows: SPONSOR: Big Brothers/Big Sisters of Warren, Washington and Northern Saratoga Counties EVENT: Foot Race DATE: Sunday, July 20, 1997,9:00 a.m. PLACE: Beginning at the Town Office Building, Haviland Road, Meadowbrook Road, Cronin Road, Bay Road and ending at the Town Office Building (see attached map); and WHEREAS, Paul H. Naylor, Town Highway Superintendent, and Fred Austin, Warren County Highway Superintendent, have approved of said race course, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges receipt of proof of insurance from Big Brothers/Big Sisters of Warren, Washington and Northern Saratoga Counties to hold a Foot Race in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES: None ABSENT:None RESOLUTION EXTENDING TEMPORARY MORATORIUM ON CONSTRUCTION OF COMMUNICATION TOWERS RESOLUTION NO.: 197,97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, on November 18, 1996, by resolution no. 448, 96, the Town Board of the Town of Queensbury enacted Local Law NO.7 of 1996 entitled, "A Local Law of the Town of Queensbury Establishing a Temporary Moratorium on Construction of Communication Towers," which law authorized a temporary moratorium on the construction of or receipt, review or approval of applications for all communication towers in the Town of Queensbury, and WHEREAS, the Local Law stated that the moratorium would expire one-hundred eighty (180) days after its effective date, or on or about the end of May, 1997, and WHEREAS, the Town Board of the Town of Queensbury wishes to make a minor amendment to the Local Law by extending the moratorium by another ninety (90) days, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Local Law No.7, 1996 such that the temporary moratorium on the construction of communication towers shall be extended another ninety (90) days. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: EXECUTIVE DIRECTOR, MR. MARTIN-There has been a local law drafted. It has been through legal review we have counsel comments to retype, will give them to the Planning Committee to review. Staff will review areas where it seems appropriate or best suited for tower location to report back to board. RESOLUTION AUTHORIZING APPROPRIATIONS FOR WATER SAMPLING AND ANALYSIS INTERNSHIP PROGRAM FOR THE GLEN LAKE WATERSHED RESOLUTION NO.: 198,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, by Town Board Resolution No. 119,94, the Town Board of the Town of Queensbury supported the concept of watershed management and planning for the Glen Lake Watershed, and WHEREAS, by Town Board resolution no. 635, 94, the Town Board established the Glen Lake Watershed Planning Capital Project Fund and set general appropriations for the Fund at $5,000, and WHEREAS, the Glen Lake Watershed Management Technical Advisory Board has recommended that Glen Lake be tested for the purposes of identifying nonpoint sources of pollution, and WHEREAS, the said Technical Advisory Board, in conjunction with Adirondack Community College (ACC), wishes to create a sununer internship program to accomplish the desired water testing, and WHEREAS, the Town Board of the Town of Queensbury desires to allocate $2,000 in the Glen Lake Watershed Planning Capital Project Fund for the water testing internship program, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Glen Lake Technical Advisory Board, working with Adirondack Community College, to create a summer internship program to sample and analyze the Glen Lake Waters and to hire Kim Gulam and Norma Borlang as summer interns at an amount of $6 per hour, not to exceed the total amount of $2,000, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes an increase in appropriations in Account No. 104-8030-1002 by $2,000 to cover the costs associated with the water sampling and analysis, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized and directed to execute any and all documents associated therewith. Duly adopted this 5th day of May, 1997, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES: None ABSENT:None PLANNED DISCUSSIONS SUPERVISOR CHAMPAGNE-Acknowledge the resignation of Director of Community Development Mr. Martin. Noted it has been a pleasure for him to work with Mr. Martin over the course of the last three years noted he will be missed. EXECUTIVE DIRECTOR, MR. MARTIN-It has been a true pleasure to work here and serve in this capacity. It's nice to be able to do this type of work in the Town that you were raised in. OLD BUSINESS SUPERVISOR CHAMPAGNE-Spoke to the board regarding the Girard Subdivision. COUNCILMAN TURNER-Noted the Town Board was suppose to walk the property. COUNCILMAN MONAHAN-Didn't we walk it? EXECUTIVE DIRECTOR, MR. MARTIN-A long time ago. Noted there has been a hold up at their end getting the necessary information. SUPERVISOR CHAMPAGNE-Noted the board is ready to move ahead with it based on Mr. Martin's recommendation. EXECUTIVE DIRECTOR, MR. MARTIN-Noted the recommendation was made a long time ago to take it. The board informally decided to take it now the formal action is what we're waiting for with the information from the property owner, noted just received this last week. SUPERVISOR CHAMPAGNE-Noted a resolution will be prepared. COUNCILMAN PULVER-Noted a meeting with be held Wednesday evening regarding Queensbury Forest at 7:00 p.m. SUPERVISOR CHAMPAGNE-Noted the West Glens Falls Parade will be held June 1st. The Town Board will be meeting with the Town of Moreau at 6:30 p.m. at the Moreau Town Hall. COUNCILMAN GOEDERT-Spoke to the board regarding the 50th Anniversary Celebration for the West Glens Falls Fire Department. Noted there will be a weekend of events starting at 7:00 a.m. Saturday morning and going through Sunday night at 7:00 p.m. Noted the board needs to make some sort of presentation to them regarding their 50 years of service to the Town of Queensbury. OPEN FORUM BARBARA FRENYEA, QUEENSBURY -Spoke to the board regarding the 911 address change. Noted she has been trying to resolve this problem for over a year. Due to other people on the street who haven't change their address they have had numerous problems. Noted her address is suppose to be 248, noting there is another 248 on the road. Made it a public notice that she will have to hold the Town legally liable if there is ever a glitch in 911, requested that the board do something to resolve this problem. SUPERVISOR CHAMPAGNE-Noted there is no law on the books that allows the Sheriff to enforce the address change. There has been some discussions regarding this and it is up to the boards discretion whether this is something we want to put on the books. EXECUTIVE DIRECTOR, MR. MARTIN-Noted they have assisted in this project from the beginning it has only been in the capacity of assisting. The ultimate decision lies with the County Sheriffs Office. COUNCILMAN GOEDERT -Noted that number one the project has taken way too long. Two, we or the Sheriffs Department whoever initiated this did it in the event of safety. The problem is they have created the nightmare in trying to give you safety they have not taken the steps to force the issue of changing the numbers. We need to complete the steps on this if it was good enough to do for the interest and the safety of the public to begin with then it should be good enough to put the thing in effect where you have to change your number otherwise there is no sense in doing it, it is not working the way it is. TOWN COUNSEL, MR. SCHACHNER-Noted there are County local laws, would have to think that the County is the appropriate entity to pass a local law to enforce this. SUPERVISOR CHAMPAGNE-Noted he will take this to the County Board of Supervisors tomorrow will talk to the County Attorney to see if something can be done regarding this problem. MR. SALVADOR-Noted he recently filed for a new address noting Mr. Hatin came out with a device measuring the distance from the intersection where the road begins and he gave him a number. MRS. BARBARA BENNETT-Asked the name of the new Comptroller. Requested the board to abandoned the system that the previous Comptroller set up regarding the budget. SUPERVISOR CHAMPAGNE-Noted he will take a look again at the setup of the budget, understands what Mrs. Bennett is saying. MRS. BENNETT-Asked the status of her switching to the Glens Falls Water System. SUPERVISOR CHAMPAGNE-Noted he has a report from the Attorney's. Attorney Hafner indicated that if you chose to hookup to the city it is his understanding from counsel that you have the right to do that and you would be only responsible as far as Queensbury water is concerned you would be paying the advalorem tax dealing with the value of your property whatever the assessment is. Instead of paying the usage to the town you would be paying the usage to the city. TOWN COUNSEL, MR. SCHACHNER-From the Town's perspective the Supervisor is correct. Noted that he doesn't know if the City of Glens Falls will hook her up. MRS. BENNETT-Questioned why there is a charge to be disconnected and reconnected? SUPERVISOR CHAMPAGNE-We don't do that. COUNCILMAN TURNER-Explained the process of disconnecting the service. SUPERVISOR CHAMPAGNE-Recommended Mrs. Bennett to contact Don Coalts at the City regarding the steps that need to be taken. MR. PLINEY TUCKER-Asked if Councilman Turner or Councilman Monahan got an answer regarding the headstones? COUNCILMAN TURNER-Noted they meet tomorrow. MR. DOUG MILLER-Spoke to the board regarding the Phase II Aviation Road project. Asked if a public hearing has been scheduled? COUNCILMAN GOEDERT -Noted it would be a public information meeting not public hearing. SUPERVISOR CHAMPAGNE-It would be an informational meeting for the public whose properties might be impacted. MR. MILLER-Questioned if there was a time frame? COUNCILMAN GOEDERT -Not at this point because we haven't received the plans. Noticed Mr. Naylor with the engineer out there measuring numerous things would assume the engineer is starting his part of it. MR. MILLER-Questioned when the board expects construction getting started? COUNCILMAN GOEDERT-Noted she doesn't know if they are going to do the construction they still have no costs. MR. MILLER-Noted he received information that the Highway Department will be doing this sometime in June. COUNCILMAN GOEDERT-The Highway Department could be looking at doing this sometime in June, but that's not the way we are looking at it as of yet. MR. MILLER-Looking at the Harza Study see a few comments regarding concern with pedestrian traffic. Questioned if this is going to go beyond what Harza is going to provide in terms of will there be sidewalks or wide shoulders as there are currently or will the wide shoulders disappear with this new phasing? COUNCILMAN GOEDERT-Noted she has not seen the building plan of Aviation Road doesn't know what will be there. Noted she is strongly leaning towards shoulders and sidewalk regarding pedestrian traffic. MR. MILLER-Questioned if you can ride bicycles on sidewalks in the Town of Queensbury? COUNCILMAN GOEDERT-Noted legally you can't ride bicycles on sidewalks. MR. MILLER-Will we be doing something for wide shoulders as they currently are? COUNCILMAN GOEDERT-Waiting to see the plans that Mr. Schudder is doing. MR. MILLER-Questioned if there is a time frame to complete the plans? COUNCILMAN GOEDERT-Noted two or three weeks. MR. MILLER-By the end of May? COUNCILMAN GOEDERT-Would hope by the end of May. MR. SALVADOR-Questioned the status of his driveway access permit? COUNCILMAN GOEDERT -Noted she advised Mr. Salvador to bring his copy to Mr. Naylor and he would take care of him. HIGHWAY SUPERINTENDENT, MR. NAYLOR-Noted that Mr. Salvador should make an appointment. MR. SALVADOR-Questioned the status of the street light? COUNCILMAN TURNER-Noted he would have to put it on the east side of the road that comes out to Dunham's Bay Road because there is not room enough between the old road and 9L. COUNCILMAN MONAHAN-Questioned why Mr. Salvador wants a light there? MR. SALVADOR -Noted it is dark at night and there is a lot of traffic. COUNCILMAN MONAHAN-How many people use the road at night? MR. SALVADOR-In the summer time many people. COUNCILMAN MONAHAN-Recommended putting a counter there to see how many people use the road. MR. SALVADOR-Noted if it is contingent on the intensity of traffic let's find out what it is, questioned what is the threshold that would trigger a light? COUNCILMAN MONAHAN-Usually it is a regular intersection. MR. SALVADOR-Questioned the cost of putting it on the pole? COUNCILMAN TURNER-Yearly cost of$155.71. MR. SALVADOR-Asked if there is a meeting regarding stormwater for North Queensbury Sewer at the end of the month? EXECUTIVE DIRECTOR, MR. MARTIN-Noted it isn't practical to meet when the people aren't here the major part of the population do not come until the schools close in mid-June. MR. SALVADOR-Spoke to the board about article in newspaper regarding the Supervisor running for another term noted Supervisor Champagne's list of priorities and concerns with North Queensbury Sewer at the top of the list. Questioned what happened at the meeting at the county understands we have to do a NEPA Study. SUPERVISOR CHAMPAGNE-Understands NEP A has been approved in Hague they are able to proceed ahead. NEP A had an impact in Bolton Landing, but understands that Lake George and Bolton Landing because of the expansion and remodeling of the plants themselves recalls Mr. Lamy saying it was necessary for NEP A final approval on this. MR. SALVADOR-Spoke to the board regarding his concern with the County planning to put a bridge across Quaker Road for the bike path. DICK MERRILL, COMPREHENSIVE LAND USE COMMITTEE-Spoke to the board regarding his concern with the bridge for the bike path. Noted he has sketched it out and it will be a problem fitting it in. Noted that County Supervisor Ron Montesi has promised drawings of the project. GEORGE DRELLOS, QUEENSBURY-Spoke to the board regarding the property on Luzerne Road where Glens Falls dumps their snow. Asked the board if there is some way that they could get the property cleaned up. SUPERVISOR CHAMPAGNE-Noted it is City property, he will call the City and asked them if they could clean it up. OPEN FORUM CLOSED RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO. 199,97 INTRODUCED BY: Mrs. Connie Goedert WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby approves the Abstract appearing on May 5th, 1997 numbering 97175800 through 97193300 and totaling $304,151.61 is hereby approved. Duly adopted this 5th day of May, 1997, by the following vote: Ayes: Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Champagne Noes: None Absent:None RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 200, 97 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert RESOLVED, that the Town Board of the Town of Queensbury adjourns from Regular Session and enters into Executive Session to discuss grievances, personnel, land acquisition. Duly adopted this 5th day of May, 1997, by the following vote: Ayes: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne Noes: None Absent:None No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury