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1999-09-20 REGULAR TOWN BOARD MEETING SEPTEMBER 20, 1999 7:00 P.M. MTG#30 RES# 301-321 BH 48-51 BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN DOUGLAS IRISH COUNCILMAN PLINEY TUCKER BOARD MEMBERS ABSENT COUNCILMAN THEODORE TURNER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VANDUSEN DEPUTY DIRECTOR, WASTEWATER, MIKE SHAW EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND DIRECTOR BUILDING AND CODES, DAVID HATIN FACILITIES MANAGER, CHUCK RICE CONTROLLER, HENRY HESS PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE SUPERVISOR CHAMPAGNE-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 301. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns into the Queensbury Board of Health. Duly adopted this 20th day of September, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentMr. Turner PUBLIC HEARING - SEWER VARIANCE MARI ANN GRANGER OPENED 7:03 P.M. NOTICE SHOWN TOM NACE, NACE ENGINEERING REPRESENTING MRS. GRANGER MR. NACE-This is basically a situation, there is an existing septic system or sewage was discovered to be discharging to the surface waters. The applicant discovered it, they took measures immediately to shut off the rest rooms, shut off the water supply. The conditions at the site preclude putting in a septic system because of the depth to bedrock and the problems with plumbing it is a warehouse facility, freight terminal because of the low use of water at the site the best solution appeared to be to put in a holding tank which is pumped out. Due to the pressing nature of this, the work has been done and we're here to get a variance for what has been done. COUNCILMAN MERRILL-As I read it it's not for residential purposes it is a warehouse, it's not new construction. MR. NACE-It is an existing freight terminal. The facility or the holding tank simply serves one bathroom for a couple full time employees and several part -time drivers that are there for an hour or two in the mornmg. COUNCILMAN MERRILL-I guess we would have to consider the former system a failed system so I think it meets all the criteria for a holding tank. MR. NACE-Yes, it was definitely failed. COUNCILMAN MERRILL-I would have no problem with it. SUPERVISOR CHAMPAGNE-There is absolutely no other option as far as a mound system? MR. NACE-On site there is very little place to put one. To get to one would require a ton of rock, excavation to get a pipe over to where there is enough soil to do any sort of a system then it would be marginal. COUNCILMAN IRISH-Mark correct me if I'm wrong, but are holding tanks legal in this instance? TOWN COUNSEL, SCHACHNER-I think that Councilman Merrill is asking the right questions. I think that Mr. Nace is giving the right answers. Failed system, non residential, I think we're on target here. COUNCILMAN IRISH-Okay. SUPERVISOR CHAMPAGNE-Is there anyone here to add to what Tom said or some negatives thoughts relative to the system? COUNCILMAN IRISH-Is there going to have alarms on it Tom? MR. NACE-Yes. It's standard as required by your code. SUPERVISOR CHAMPAGNE-What size did it say the size of this? MR. NACE-It is a thousand gallons because of the very low use that will not have to be pumped out very frequently. SUPERVISOR CHAMPAGNE-Okay. Anything else? Hearing none.... COUNCILMAN IRISH-I have one more question. Why can't it meet the fifty foot setback? MR. NACE-Excuse me? COUNCILMAN IRISH-Why can't you meet the fifty foot setback? MR. NACE-We put it right where the existing sewer discharges from the building which is right adjacent to the bathroom. It is an unheated building so you can't just run piping through the building. If we were to run it outside we're bucking grade plus we're right into rock in order to put piping in to get it fifty feet away from the canal. COUNCILMAN IRISH-Okay. SUPERVISOR CHAMPAGNE-Anything else? Hearing none, we'll close the public hearing and vote on the resolution. PUBLIC HEARING CLOSED 7:10 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF MARI ANN GRANGER RESOLUTION NO.: 48.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Mari Ann Granger previously filed an application for two (2) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant variances to allow: 1. a holding tank; and 2. the proposed holding tank to be located 25' from the Feeder Canal instead of the required 50' setback on property located on the south side of the Boulevard, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on September 20th, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application ofMari Ann Granger for two (2) variances from the Sewage Disposal Ordinance to allow: 1. a holding tank; and 2. the proposed holding tank to be located 25' from the Feeder Canal instead of the required 50' setback on property located on the south side of the Boulevard, Queensbury and bearing Tax Map No.: 112-1-16, 17.1. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Turner PUBLIC HEARING - SEWER VARIANCE -ROYAL CLASSIC HOMES NOTICE SHOWN OPENED 7:10 P.M. ATTORNEY MATT LUDEMANN SUPERVISOR CHAMPAGNE-We will open this public hearing at this point. Anyone here to speak for the Royal Classic Homes? ATTORNEY LUDEMANN-The applicant Rick Rainbow, I understand is driving up Bay Road. I realize we're the last item on the board of health agenda is there anyway we can adjourn this for a few minutes and take care of some other business? Would you rather that I go forward in the hope that he runs through the door before I finish talking? SUPERVISOR CHAMPAGNE-I would have no problem coming out of Board of Health and going back in if that's the pleasure of the board. Who are we waiting for again, I'm sorry? ATTORNEY LUDEMANN-Rick Rainbow is the applicant. SUPERVISOR CHAMPAGNE-He is the applicant you are the Attorney representing... ... ATTORNEY LUDEMANN-I'm the Attorney representing the homeowner Mrs. Cleveland. SUPERVISOR CHAMPAGNE-Knowing most Attorney's as well as I do you won't have a problem talking until he gets here would you? ATTORNEY LUDEMANN-Probably not. SUPERVISOR CHAMPAGNE-Maybe in the best interest let's wait. ATTORNEY LUDEMANN-Let's wait. Thank you. SUPERVISOR CHAMPAGNE-With that let's motion to come out of the board of health at this point. PUBLIC HEARING TO BE CONTINUED LATER IN THE MEETING RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 49.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th day of September, 1999, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne Noes: None AbsentMr. Turner PUBLIC HEARINGS PUBLIC HEARING - ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL NOTICE SHOWN OPENED 7: 11 P.M. SUPERVISOR CHAMPAGNE-I see Mike and Ralph are here if you want to make just a brief presentation tell us how the taxes are going to impacted overall maybe that's the place to get started. DEPUTY DIRECTOR WASTEWATER, MIKE SHAW-The proposed roll for this year has been upgraded once agam. SUPERVISOR CHAMPAGNE-Can you hear him back there? AUDIENCE-No. SUPERVISOR CHAMPAGNE-You've got to speak more directly a little louder. DEPUTY DIRECTOR WASTEWATER, MR. SHAW-The proposed roll has been updated once again this year as it has in the past years with the necessary changes. This year roll for Central Queensbury Quaker Road Sewer District the proposed roll for two thousand has total points of seven thousand one hundred and seven point twenty two. Up slightly approximately one point seven percent. Based on my current projections for the user rate I would expect the rate to be approximately ninety nine dollars per unit that's based on current budget request. SUPERVISOR CHAMPAGNE-Compared too? DEPUTY DIRECTOR OF W ASTEW ATER, MR. SHAW-Compared to the current rate of a hundred dollars and ninety seven cents. It's about two percent decrease. SUPERVISOR CHAMPAGNE-Have any others there or do you want to take each one as separate. Any other rolls that you need to identify, that's the only one right? DEPUTY DIRECTOR WASTEWATER, MR. SHAW -Just one roll. SUPERVISOR CHAMPAGNE-Okay. You've heard that percent decline anyone here want to have anything good to say or bad to say? CONTROLLER, MR. HESS-Is there any documents other just the one...... SUPERVISOR CHAMPAGNE-He did provide us with a complete roll along with the points. DEPUTY DIRECTOR WASTEWATER, MR. SHAW-If you want a copy I could supply you with a copy tomorrow night. JOHN SALVADOR-First of all question. The businesses that have been purchased by the Pyramid Company are they included in this district? DEPUTY DIRECTOR WASTEWATER, MR. SHAW -Yes they are John. MR. SALVADOR-How do you handle the fact that they are no longer functioning as they were functioning? DEPUTY DIRECTOR WASTEWATER, MR. SHAW-They are still considered an occupied commercial user. The vacant parcels are still considered an occupied commercial user. Occupied commercial user pays on two separate instances. They pay on acreage land and they pay on water usage so they are currently paying their land usage portion the water usage this year will be nil because the businesses are closed. SUPERVISOR CHAMPAGNE-So they are taxed the property tax. MR. SALVADOR-Ad valroem portion. SUPERVISOR CHAMPAGNE-The ad valroem is still there. MR. SALVADOR-It is only the land it is not the improvements on the land that are a part of the ad valroem? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-That's correct. MR. SALVADOR-It's only the land. DEPUTY W ASTEW A TER DIRECTOR, MR. SHAW-Only the land that's correct. MR. SLAV ADOR-It's was the land as it was a functioning business? DEPUTY WASTEWATER DIRECTOR, MR. SHAW-That's correct. MR. SALVADOR-In effect there are less taxes coming from these businesses now, less sewer tax because they are not using? SUPERVISOR CHAMPAGNE-That's right. Anyone else? Anything from the board? PUBLIC HEARING CLOSED RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL RESOLUTION NO. 302.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, in accordance with (202 of New York State Town Law, the Town Board of the Town of Queensbury has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2000 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and the completed roll has been filed in the Queensbury Town Clerk's Office, and WHEREAS, the Queensbury Town Clerk posted and published a Notice of Public Hearing concerning the benefit assessment roll, the public hearing was held and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2000 for payment of public improvement expenses within the District in accordance with New York State Town Law ~202, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. Duly adopted this 20th day of September, 1999 by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:Mr. Turner PUBLIC HEARING -AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY TOWN OF QUEENSBURY FROM SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO PC-IA (PLAZA COMMERCIAL - ONE ACRE) OPENED NOTICE SHOWN SUPERVISOR CHAMPAGNE-We will open this public hearing. Anyone here to speak let's take the positive side first? How about from a negative view anyone here to speak against that move? NO PUBLIC COMMENT SUPERVISOR CHAMPAGNE-How about from the Town Board? COUNCILMAN TUCKER-Want to tell them what we're doing Fred? SUPERVISOR CHAMPAGNE-What we're doing is this has been in the works now for sometime. The piece of property, sliver if you will up along the cemetery that parallels the road actually they have been parking there for many years. That property has been purchased by the plaza they are interested in, again continuing to use it as a parking area. It is border line on the cemetery has absolutely zero value to the cemetery so that in mind the selling price was twenty thousand dollars. COUNCILMAN TUCKER-Twenty thousand dollars. It is going into what kind of a fund? SUPERVISOR CHAMPAGNE-It would be capital project fund for future, yes reserve. COUNCILMAN TUCKER-For the cemetery. SUPERVISOR CHAMPAGNE-It's the right move. PUBLIC HEARING CLOSED RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY TOWN OF QUEENSBURY FROM SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO PC-IA (PLAZA COMMERCIAL - ONE ACRE) RESOLUTION NO. 303.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury is considering the Town of Queensbury's request for an amendment to the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.: 63-1-1.1 and located in the vicinity of Northway Plaza, Queensbury from SFR-IA (Single Family Residential- One Acre) to PC-IA (Plaza Commercial- One Acre), and WHEREAS, on or about August 2nd, 1999, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about August 17th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about August 22nd, 1999, the Warren County Planning Board also recommended approval of the Petition for Change of Zone, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on September 20th, 1999, and WHEREAS, the Town Board of the Town of Queensbury, as SEQRA Lead Agency, has reviewed an Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.: 63-1-1.1 and located in the vicinity of Northway Plaza, Queensbury from the current zoning of SFR-IA (Single Family Residential- One Acre) to PC-IA (Plaza Commercial - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of Article XIII of the Town of Queensbury Zoning Ordinance and ~265 of the Town Law, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Turner PUBLIC HEARING - AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY SANDRA COMBS FROM LI-IA (LIGHT INDUSTRIAL - ONE ACRE) TO SFR-20 (SINGLE F AMIL Y RESIDENTIAL - 20,000 SQUARE FEET) OPENED NOTICE SHOWN DENNIS DICKINSON AGENT FOR SANDRA COMBS SUPERVISOR CHAMPAGNE-Tell us a little bit about what your plans are there Dennis. MR. DICKINSON-We've worked with the Queensbury Planning Department. It is a recommendation that was made in your zoning study. We came in and made a formal request to have it change that request came first through this board went from this board back to the Planning Board where we got approval and they sent it back to this board. Basically it is a piece of property of equivalent size to another piece that's going to be rezoned to light industrial. COUNCILMAN IRISH-To light industrial? MR. DICKINSON-To light industrial so it is an even trade. COUNCILMAN MERRILL-I walked the property with Mr. Dickinson one afternoon and it seems to be a logical extension of the already existing residential area there. I see very little potential to ever developed it as light industrial because the access is from Luzerne Road. As you go to the back of the property there is sort of a natural drop off which would represent a natural transition zone. I don't see it ever developing as light industrial and I think it would be an appropriate use of the property. SUPERVISOR CHAMPAGNE-Do we have a letter on record also that we received probably should be read. COUNCILMAN MERRILL-There is a letter from Warren Rosenthal. DEPUTY TOWN CLERK O'BRIEN-Read the following letter into the record. Re: Combs Property Rezoning Received in Town Clerks Office on September 17, 1999 Dear Ms. Dougher: It has come to my attention that Ms Combs has received a favorable recommendation from the Planning Board for a rezoning of her property on Sherman Avenue from Light Industrial to Residential. While I recognize the circumstances leading to this request are unique, I am greatly concerned about the loss of any land zoned light industrial in Queensbury, given the very limited inventory in the Town. Furthermore, I am concerned that this rezoning may set a precedent that could encourage other owners of light industrially zoned land on Luzerne Road to request a rezoning to residential, thereby creating a domino effect that could lead to the loss of approximately 150 acres oflight industrial property in Queensbury. In this particular case, I feel the NiMo right-of-way is a natural demarcation between residential and industrial and the rezoning of the portion of the property south of the right-of-way could encroach on adjoining industrial property. I would urge great caution in granting any rezoning requests of light industrial zoned property until a thorough evaluation can be performed. The ability of the Town to have balanced growth in the future depends greatly upon having the proper mix of commercially, residentially and industrially zoned land. In my opinion, the scales are clearly tipped towards residential, which has negative fiscal implications, especially for the school district. I will be glad to discuss this matter with the Town Board at their convenience. Thank you for your consideration. Sincerely. Warren S. Rosenthal President Warren County REDC SUPERVISOR CHAMPAGNE-Thank you. Obviously he was unaware of the transfer of property that hopefully will switch and come out with a balance coming back in as light industry. COUNCILMAN TUCKER-Where is the property that they are going swap? MR. DICKINSON-This map came out of the Planning Department. Basically the parcel that is Combs is the tax parcel 92.-2-20. To the right of that in that blue hatched area is where the light industrial would be. EXECUTIVE DIRECTOR, MR. ROUND-It's not the same property. COUNCILMAN IRISH-Right over here. EXECUTIVE DIRECTOR, MR. ROUND-We presented the information back before you submitted to the Planning Board. Over here this is the Northway. This is Drellos property. This is Niagara Mohawk property. These properties are proposed to be rezoned. SUPERVISOR CHAMPAGNE-So it is almost acre for acre. COUNCILMAN IRISH-And it is usable property. COUNCILMAN TUCKER-She doesn't own that does she? EXECUTIVE DIRECTOR, MR. ROUND-No. SUPERVISOR CHAMPAGNE-No, Drellos, but they are interested in it. EXECUTIVE DIRECTOR, MR. ROUND-It is not an exchange of the applicant's property.... SUPERVISOR CHAMPAGNE-But, they are interested in it. EXECUTIVE DIRECTOR, MR. ROUND-The property owner... ... COUNCILMAN TUCKER-The people in Hidden Hills aren't' by far. COUNCILMAN IRISH-What's the buffer the road if you rezone that? EXECUTIVE DIRECTOR, MR. ROUND-There is a hundred foot or fifty foot depending upon what use is proposed in that zone. MR. DICKINSON-The road is the buffer. It is in-between the road and the light industrial behind it. COUNCILMAN IRISH-How many acres are in here the same amount sixteen? MR. DICKINSON-Fifteen. EXECUTIVE DIRECTOR, MR. ROUND-About a net it is a net wash. COUNCILMAN MERRILL-Tonight we're only considering the one parcel. SUPERVISOR CHAMPAGNE-Okay, anyone else care to add anything to that proposal? COUNCILMAN TUCKER-Is that everything that Mrs. Combs owns there? MR. DICKINSON-Yes. COUNCILMAN TUCKER-I mean she is not coming back in here in six months and want another chunk? MR. DICKINSON-Once is more than enough. SUPERVISOR CHAMPAGNE-Anything more? Yes, John. JOHN STROUGH, QUEENSBURY-Neither for or against, I just wanted to know why the Warren County Planning Board recommended denial? EXECUTIVE DIRECTOR, MR. ROUND-Warren County Planning Board did deny this request. They said it was not in keeping with the community character or the predominant zoning in the area. I'm not sure that's the correct reason for them to deny it. You did receive a memo from me today we talked about this on several occasions. Predominant zoning in the area is single family residential whether it be suburban residential or single family SFR residential. Our office does have a concern over the loss of light industrial land. SUPERVISOR CHAMPAGNE-I think we all do. EXECUTIVE DIRECTOR, MR. ROUND-The recommendation of the Comprehensive Plan did recommend that this be zoned residential. The property is split zoned. Half the property which you would have to gain access to the industrial property through the residential property it is zoned industrial, but they would have to acquire this piece of property for them to use it in an industrial manner. Let me just touch on some of the key points from our notes. Property in the area is zoned both SFR one acre and SR one acre. The SFR one acre properties most of that is the Hidden Hills subdivision which the average lot size is fifteen thousand square feet or less even though it is one acre the lot sizes are fifteen thousand square feet. The other subdivision an older subdivision directly north of the property is SR-l acre. Those lot sizes are also fifteen to twenty thousand square feet. Property is predominately residential use in there. There are no industrial uses with the exception of two uses adjacent to the Northway quite a distance away from this property. Just to take this opportunity to clarify maybe Mark would clarify the SFR verses SR we did have a minor error on one of our notices. TOWN COUNSEL, SCHACHNER-I was going to mention before the close of the public hearing only that the proposal is in fact to rezone the property from LI-IA to SR-20. That's how it was reviewed by both the Town Planning Board which recommended approval and the County Planning Board which recommended denial. Evidently there was an error made in terms of the notification for this hearing for the public hearing that indicated that the propose rezoning was to SFR-20, Single Family Residential 20. It is very, very similar it's the only place that the designation appeared incorrectly and I don't believe there is any material problem with that and I don't think there is any problem with going forward, but I did want to point that out for your information. COUNCILMAN MERRILL-As Chris points out in his memo in the Comprehensive Land Use planning we did view this property as potential in-fill in the residential area and an opportunity for affordable housing. SUPERVISOR CHAMPAGNE-The advantage of the SR verses the SFR is clustering is possible with the SR..... EXECUTIVE DIRECTOR, MR. ROUND-There are a couple of differences. The permitted uses are identical they are both single family housing. SR does allow for some site plan review uses which would include a PUD, clustering, duplex, but no increase in densities even though you have a PUD or you have a multi-family the twenty thousand square foot lot size or the twenty thousand square foot density measurement still couldn't be exceeded so they could not develop it in a more intense manner even if it was used for a multi-family. SUPERVISOR CHAMPAGNE-Okay anyone else? COUNCILMAN IRISH-This property is cut in half with the Nimo right-a-way correct? MR. DICKINSON-Yes and no. This is the only property on the Nimo right-a-way where the landowner actually owns the land and Nimo has an easement over it. But, yes it does go through the middle of the property and we have contacted Niagara Mohawk and have their assurances that we can pass under with a residential road. SUPERVISOR CHAMPAGNE-Anything more from the board? PUBLIC HEARING CLOSED 7:27 P.M. TOWN COUNSEL, SCHACHNER-Fred you have to do an environmental assessment form. I apologize but we should have done that on Resolution 2.2 also. After we do this one I would propose going back to the last one. ENVIRONMENTAL ASSESSMENT FORM PART 2 EXECUTIVE DIRECTOR, MR. ROUND-One. Will the proposed action result in a physical change to the project site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-The action is a rezoning. TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-2. Will there be an effect to unique or unusual land forms found on the site? (i.e. cliffs, dunes, geological formations, etc.) TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will the propose action affect any water body designated as protected? TOWN BOARD-No. EXECUITVE DIRECTOR, MR. ROUND-4. Will proposed action affect any non-protected existing or new body of water? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will propose action affect surface or groundwater quality or quantity? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-6. Will proposed action alter drainage flow or patterns, or surface water runoff? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-7. Will proposed action affect air quality? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-8. Will proposed action affect any threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND- I will noted that there is a potential habitat for Kamer Blue Butterfly and that is documented by DEC and has been taken into consideration. 9. Will proposed action substantially affect non-threatened or non-endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-lO. Will the proposed action affect agricultural land resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-II. Will proposed action affect aesthetic resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-12. Will proposed action impact any site or structure or historic, pre-historic or paleontological importance? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-14. Will there be an effect to existing transportation system? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-15. Will proposed action affect the community's sources of fuel or energy supply? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-17. Will proposed action affect public health and safety? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-18. Will propose action affect the character of the existing community? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-You have a negative resolution. TOWN COUNSEL, MR. SCHACHNER-It is actually part of the resolution. RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY SANDRA COMBS FROM LI-IA (LIGHT INDUSTRIAL - ONE ACRE) TO SR-20 (SUBURBAN RESIDENTIAL - 20,000 SQUARE FEET) RESOLUTION NO. 304.99 (DENIED) AS A RESULT OF THE COUNTY PLANNING BOARD DENIAL RECOMMENDATION INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering Sandra Combs' request for an amendment to the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.: 93-2-20 and located on Upper Sherman Avenue, Queensbury from LI-IA (Light Industrial- One Acre) to SR-20 (Suburban Residential - 20,000 Square Feet), and WHEREAS, on or about July 19th, 1999, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about August 17th, 1999, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and WHEREAS, on or about June 23rd, 1999, the Warren County Planning Board recommended denial of the Petition for Change of Zone, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on September 20th, 1999, and WHEREAS, the Town Board of the Town of Queensbury, as SEQRA Lead Agency, has reviewed an Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board of the Town of Queensbury has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No.: 93-2-20 and located on Upper Sherman Avenue, Queensbury from the current zoning ofLI-IA (Light Industrial- One Acre) to SR-20 (Suburban Residential - 20,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of Article XIII of the Town of Queensbury Zoning Ordinance and ~265 of the Town Law, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Champagne NOES : Mr. Irish ABSENT:Mr. Turner ENVIRONMENTAL ASSESSMENT FORM PART TWO FOR RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY TOWN OF QUEENSBURY FROM SFR-IA (SINGLE F AMIL Y RESIDENTIAL - ONE ACRE) TO PC-IA (PLAZA COMMERCIAL - ONE ACRE) EXECUTIVE DIRECTOR, MR. ROUND-I. Will the proposed action result in a physical change to the project site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will there be an effect to any unique or unusual land forms found on the site? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-3. Will proposed action affect any water body designated as protected? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-4. Will proposed action affect any non-protected existing or new body of water? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-5. Will proposed action affect surface or groundwater quality or quantity? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-6. Will proposed action alter drainage flow or patterns or surface water runoff? TOWN BOARD-No. COUNCILMAN IRISH-Can we go back to that. Is that paved now? SUPERVISOR CHAMPAGNE-Part of it paved. COUNCILMAN IRISH-Okay. EXECUTIVE DIRECTOR, MR. ROUND-7. Will proposed action affect air quality? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-8. Will proposed action affect any threatened or endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-9. Will proposed action substantially affect non-threatened or non-endangered species? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-lO. Will proposed action affect agricultural land resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-Will proposed action affect aesthetic resources? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-12. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-14. Will there be an effect to existing transportation systems? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-15. Will proposed action affect community's sources of fuel or energy supply? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-16. Will there be objectionable odors, noise, or vibration as a result of the proposed action? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-17. Will proposed action affect public health and safety? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-18. Will propose action affect the character of the existing community? TOWN BOARD-No. EXECUTIVE DIRECTOR, MR. ROUND-19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? TOWN BOARD-No. SUPERVISOR CHAMPAGNE-Motion to accept transfer. COUNCILMAN IRISH-I moved it, I think. TOWN COUNSEL, SCHACHNER-Motion to reaffirm is fine. (Resolution Amending Zoning Ordinance to Change Classification of Property Owned by Town of Queensbury from SFR-IA (Single Family Residential One Acre) to Pc-1A (Plaza Commercial- One Acre) SUPERVISOR CHAMPAGNE-Let's vote it. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 305.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 20th day of September, 1999, by the following vote: Ayes: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne Noes: None AbsentMr. Turner CONTINUATION OF ROYAL CLASSIC HOMES PUBLIC HEARING 7:45 P.M. RICK RAINBOW AGENT, ATTORNEY MATT LUDEMANN REPRESENTING MRS. CAROL CLEVELAND ATTORNEY LUDEMANN-Thank you very much to the board for the accommodation. My name is Matt Ludemann, I represent Mrs. Cleveland who is the owner of the property she has contracted with Rainbow Homes to construct a single family home. Rick Rainbow is here as a representative of the builder. This is labeled a sewer variance actually what's gone on here is we've been able to locate the applicants well and septic systems such that they meet the minimum hundred foot setback. Also the septic that is proposed is also a hundred feet from all of the neighbors well. Unfortunately, however, because of the size of the lots we have not been able to locate the new propose well such that it would be a hundred feet from all of the neighbors septic fields. There is actually two that is less than a hundred feet from and Mr. Rainbow has collected some information and done some handouts which I'll ask him to give out now which shows where the neighbors septic and wells are. In essence what we're asking for is a variance to allow Mrs. Cleveland to have a well that's less than one hundred feet from the septic system rather than ask for permission to build our septic system less than a hundred feet from one of the neighbors wells. At this point, I'll turn it over to Mr. Rainbow to explain to you a little bit about what he's discovered in looking at the existing leach fields and wells in the neighborhood. MR. RAINBOW-We're basically here tonight because of the fact that there's been a neighbor whose been squatting the property for several years with garden and fence and with a dog house. What we propose with a plan with Queensbury, I actually met Joel Clugstone on the property we both together pulled tape measures from all of the wells that we could find in all the neighbors properties. We actually were able to find a very safe zone for our proposed septic. Our proposed septic will not encroach anybody's well with less than a hundred feet minimum requirements. We had a permit prepared, the Town of Queensbury called me said come pick it up. Today we went to get it they held it front of us and said we can't give it to you because the same neighbor who has been squatting made a call that he was concerned that his septic would be too close to your proposed well. In the process of going through and checking if you look at the map, we sketched this up, I spoke with Dave Hatin you don't require a well variance, but you require a septic variance. The folks right across the street the lot owned by Sage just had a new well drilled within the past few months they themselves encroached their own septic by only fifty two feet away. In fact of all of the adjoining neighbors three of the four are currently already encroaching their water supply. In talking with Dave Hatin, Dave said the reason why we have too come is because even though she has signed a waiver releasing the Town from any kind ofliability by putting her septic to close to neighbors wells if they ever need to change their septic's they will need to come back in for a variance to do their septic over again. But, in fact without this propose well going in there they still would have to come back here because they already encroached either their own water supplies or somebody else's. If you look on the map I've highlighted all of the neighbors names. The property owned by Greene is lot, is only fifty by one hundred. From what I can ascertain from Mr. Greene he has two drywells which the code requires one hundred and fifty feet and he is in the range of eighty feet from his own drywells to his own well. Should his drywells fail he still has to come back in for a variance to put new septic in. In the case of Sage the house on one side of the street, the garage on the opposite side of the street they just had a new well drilled within the past few months and the owner of the property was there one day when I was there he and I pulled tape measure together their new well is only fifty two feet away from their own septic system. In the case of Juhren from what I can ascertain his well is from the lake, but in either case in order to get a legal system in there right now he has to be crowding the lake give or take eighty eight feet. The only neighbor adjoining who has got a legal system right now is Mr. Bean and according to Mr. Bean's own application for a septic system when it went in he is a hundred and five feet away from Mr. Greene's well. Ifhis septic is a hundred and five from Mr. Greene's well our well is further away than Mr. Greene's therefore in his case he never would have to come back for a variance even if his septic system failed again so we fail to see why is it that we need to be here in the first place. SUPERVISOR CHAMP AGNE- These septic tanks have been there for some time. You are coming in here with a brand new established well and septic so that's why you are here. MR. RAINBOW-Our septic system will not encroach. Our septic system is going to be safe and not encroach anybody else's well. There is no risk of contamination on any neighbors well from our septic. Our well will encroach the neighbors septic, but Mrs. Cleveland has already signed a waiver against any kind ofliability against the Town if the Town allows her to do this. ATTORNEY LUDEMANN-The point he was trying to make is that the two neighbors in particular which would be Sage and Greene they are already in the same situation. If we don't build a well and their system fails they are going to have to come back to you and ask for permission just like she is asking for pernnsslOn. SUPERVISOR CHAMPAGNE-I understand that. ATTORNEY LUDEMANN-So we're not creating any hardship on the neighbors we're only asking that you waiver a safeguard that would protect Mrs. Cleveland not waive the safeguard for one of the neighbors. COUNCILMAN MERRILL-In your proposed septic have you allowed any room for future expansion? ATTORNEY LUDEMANN-No. COUNCILMAN MERRILL-I think good practice calls for allowing about fifty percent for future. MR. RAINBOW-Possibly, but on these lots that are so tight. COUNCILMAN MERRILL-It is good practice to do that. MR. RAINBOW-When the lots are big enough certainly it is good practice if you can. If worse case scenario comes and it fails you have to dig it out refill it and do a new septic system in the same location which is what the same situation all the neighbors would have. If their septic's failed there is no place else for them to go, but where they are. It would requiring removing all of the septic systems putting clean fresh fill and doing a new leachfield in the same exact location. SUPERVISOR CHAMPAGNE-What size lot is that? What are we looking at here? MR. RAINBOW -Fifty by one fifty. It is actually the largest lot of all the adjoining neighbors. If you look at the five hundred foot map. . . . . SUPERVISOR CHAMPAGNE-Fifty by a hundred and fifty? MR. RAINBOW-I'm sorry one hundred by one fifty, excuse me. SUPERVISOR CHAMPAGNE-It's a hundred by a hundred and fifty. ATTORNEY LUDEMANN-It is a hundred and fifty deep and a hundred foot along the road. MR. RAINBOW-It's a hundred and fifty on North Sunnyside and on Hewitt and on one fifty between the two. SUPERVISOR CHAMPAGNE-Facing Sunnyside North what's the frontage? MR. RAINBOW-One hundred feet facing Sunnyside North, one hundred even. SUPERVISOR CHAMPAGNE-One hundred. We're a hundred and fifty deep. . . .. MR. RAINBOW-Going back to Hewitt. SUPERVISOR CHAMPAGNE-Right. Is this a buildable lot? Is this already been grandfathered on as a buildable lot, David can I ask you that? DIRECTOR OF BUILDING AND CODES, MR. HATIN-It depends on what you term buildable. Buildable would be decided by this variance if the variance doesn't go through it is not a buildable lot. SUPERVISOR CHAMPAGNE-What is that zone out there? DIRECTOR OF BUILDING AND CODES, MR. HATIN-It is waterfront residential as far as I know. SUPERVISOR CHAMPAGNE-Which is one acre? DIRECTOR OF BUILDING AND CODES, MR. HATIN-One acre right. ATTORNEY LUDEMANN-I think the question you didn't ask, but for this variance we meet all the other requirements in order to build as was mentioned earlier the permit was actually drawn up. COUNCILMAN IRISH-You know I'm not a hydrologist and I have no idea what goes down under the ground, but I got to believe that all these wells are probably pulling water from the same acquirer is that about right? MR. RAINBOW-You never know. ATTORNEY LUDEMANN-Given the location especially of the new well that Sage drilled I would assume that's a safe plan. MR. RAINBOW-In Sage's case yeah. COUNCILMAN IRISH-If that's a safe bet I would say even though the applicant is willing to waive her right to recourse if this well leads contamination to the aquifer through whatever being located to close to septic systems and each of these other people's become contaminated because they are drawing water from the same aquifer they didn't waive their right. MR. RAINBOW-They already have in the fact that they already placed their own wells less than the required distances from their own septics. COUNCILMAN IRISH-But, I wasn't sitting here when they did that. MR. RAINBOW-That's because you don't require a well permit. In the case of Sage, like I said their well just got drilled no permit was involved Dave Hatin wasn't involved. The well was drilled the Town wasn't even aware of it being drilled. If something happens and somebody's well fails they can go drill their own well and not even come here. The problem we've got is that we want to drill a well, but we have to get a building permit to start first. If this house had been here and we needed a well we wouldn't be here ourselves. The neighbors if their wells are going to be contaminated they are closer to their own septic than they are to ours. Ours is a hundred feet we're not going to be adding anymore contamination into the soil within the minimum required distances. COUNCILMAN IRISH-You are talking about to your own septic. MR. RAINBOW-Anybody's septic, anybody well. COUNCILMAN IRISH-Mine says sixty five to seventy five feet. MR. RAINBOW-Our well to the neighbors septics. ATTORNEY LUDEMANN-But, our septic is over a hundred feet from everyone else's well. COUNCILMAN IRISH-I understand that. I'm saying if their septic contaminates your well and in doing so they contaminate the aquifer they contaminate everybody's. MR. RAINBOW-If that's the case they've already contaminated it because they've already encroached closer than we'll encroach to their septics. ATTORNEY LUDEMANN-You are speculating our well will contaminate an aquifer that their already drawing from. I think that's a pretty big assumption because drilling our well they are still drawing the water already. COUNCILMAN MERRILL-Dave if I could return to the septic field again. What is your standard practice in terms of allowing for future expansion? DIRECTOR OF BUILDING AND CODES, MR. HATIN-Typically this is an unusual situation we have a tight lot. COUNCILMAN MERRILL-I mean in a normal situation. DIRECTOR OF BUILDING AND CODES, MR. HATIN-In a normal situation with residential we don't get involved with fifty percent expansion. In commercial it is always put in there as a part of the design standard. But for residential they recommend it, but it is not something for a lack of better words, enforce, it is a recommendation right. SUPERVISOR CHAMPAGNE-You meet all the setbacks with your house that you are planning? MR. RAINBOW-Yes. The house meets all setbacks. Our septic meets all required setbacks from the roads, sidelines, and from wells. If this house were in existence right now and the well failed if we were to shallow we could drill a new well right now and not have the town involved because you don't require a well permit. If the neighbors aquifer is going to be contaminated it is going to be by themselves because they are already encroaching their own water supplies. Our drilling this well is not going to affect their water supplies at all. SUPERVISOR CHAMPAGNE-I see some neighbors here does anyone want to speak from the neighbors? MATTHIAS GREENE-I live one lot away, not adjoining there is a lot in-between. I put a new septic system is when I bought the house. My septic system is a hundred fifty foot from my well I did that on purpose so I had enough room. So if his septic system or well he is putting in is to close to septic system contaminates his aquifer it affect me and my family. That's not my well that is doing it, it is his well that's doing it. SUPERVISOR CHAMPAGNE-What you are saying is the septic tank is bringing the aquifer closer to your well. What is the depth of a well out there? MR. MATTHIAS GREENE-Average well out there is about a hundred twenty five, a hundred fifty foot. I'm pretty sure we're on the same aquifer if we're all going on the same depth when their drilling. MR. ELWOOD GREENE-Mine is about eight foot. SUPERVISOR CHAMPAGNE-Where is your property in relationship to this Mr. Greene? MR. ELWOOD GREENE-Mine? SUPERVISOR CHAMPAGNE-Are you next to Bean over on this side? TOWN COUNSEL, MR. SCHACHNER-Fred, we're having trouble with our minutes we don't know who the second speaker is. SUPERVISOR CHAMPAGNE-You've got to give your name, please. ELWOOD GREENE- I just had my water tested I just had a report on it today and it is contaminated, I have chloroform in my well. I called the Health Department and she said to put Clorox in it, told me how to do it. In two weeks if it doesn't clear up then I've got a problem so I don't think we need another well within sixty five foot of a septic system. I asked where it could be coming from she said it could be coming from a lot of different place we don't know. SUPERVISOR CHAMPAGNE-But, it's a newly drilled well? MR. ELWOOD GREENE-Mine is an old, old, old well. With all this going on with the Washington County deal I decided to have my well tested because I had chloroform in it. COUNCILMAN MERRILL-The depth is eight feet? MR. ELWOOD GREENE- I don't know how deep it is it is possibly eighty foot deep, yes. That's on that same aquifer I'm pretty sure. MR. MATHIAS GREENE-The thing he is saying there, this is my father. His well was put in 1962 or so the codes weren't there. Most of these places that he is talking about have illegal wells and septics they are not illegal because there wasn't codes when they were put in. My concern is there are codes now they are put into effect for a reason to stop this contamination. MR. ELWOOD GREENE- I don't want to see a well built within a hundred foot. I would oppose any well to being within a hundred foot of any septic system. I've already got contaminated water there I hate to see something go wrong with that water table. MR. MATHIAS GREENE-I agree with what he says, with the well across the road it got drilled to close there was nothing anybody could do about that, but I wouldn't of been in favor of that either. MR. ELWOOD GREENE-I wouldn't of had... ... MR. MATHIAS GREENE- I mean you've got a lot of properties up there close together they are old camps, like he said most of the septics don't meet the requirements of to day's, I don't feel we should put another well closer to another septic to compound the problem that's already there. You can't fix the problems that are already there the properties aren't big enough, but you can take care of problems in the future to stop it from being more of a problem. I'm real concerned I've got two small children that drink the water everyday, I'm concerned about the water there. SUPERVISOR CHAMPAGNE-Okay, thank you. Anyone else care to address the board? JEFF BEAN-My well does go a hundred feet from my septic system, I must be the only one besides Mr. Greene's son that conforms to what should be done here. My concern is the same as Mr. Greene's you put in a septic system it could contaminate my well even though they do sign off and say they are not going to do anything against the Town of Queensbury whose to say that they are not. I have a big concern, big concern. I mean you take a lot like this and your going to put a house like that would they let this happen in Bedford Close? Would they let this happen in Twicwood? We're Queensbury all of us are Queensbury just because it's Sunnyside do we have to put a house on that small a lot, that's my concern. SUPERVISOR CHAMPAGNE-Thank you. Anyone else? Anything more from the board? COUNCILMAN MERRILL-The variance requested, I think does have to be considered as significant. They are requesting a variance to sixty five feet so that is clearly significant. There is an existing problem that has been identified there I don't think we want to take steps to compound it. MR. RAINBOW-May I make a statement here, I don't think all the neighbors get it. Engineering wise this well is not going to affect the aquifer or the contamination our septic system is totally legal. All of the additional that we're going to dump into the soil is the minimum hundred feet from anybody's water supply. If the water supply is already contaminated it wasn't by the septic nor would it be by the well that we're going to install. Drilling a well in the same area is not going to contaminate Mr. Bean's whose been squatting the property now for who knows how long or Mr. Greene's. If their well is already contaminated it is from their own septic systems. In our drilling a well here is not going to affect their water supplies or their septic systems one iota. Drilling a well does not dump toxins into the water supply, COUNCILMAN MERRILL-No granted. The point being by putting the well sixty five feet from the leach bed that leach bed could contaminate the well, could contaminate the aquifer. MR. RAINBO W-No more than it already would be now. COUNCILMAN IRISH-That doesn't make it right. ATTORNEY LUDEMANN-The alternative obviously is to deny Mrs. Cleveland the use of the lot and the tax revenues to the Town because in effect it would become an unbuildable lot. SUPERVISOR CHAMPAGNE-That's correct. MR. RAINBOW-We also have a hardship situation here because she sold her house looking to retire suppose to our by September 1st, now she has a lot she can't build on because her well is going to encroach their septics. There is no where in the Town that you require a well variance if you did Sage's couldn't drill their new well across their street from where they did now which mean that have to close down their house, tear it down, and make it an unbuildable lot. SUPERVISOR CHAMPAGNE-I guess you don't understand that what exists, exist. It is impossible to pass judgment of what exists for replacement purposes. It was grandfathered in it was there when the code was written back then. Today it is a different world out there and I think people have to understand that. It is zoned one acre that area is zoned one acre. The issue here is this property that's being built on that's a hundred by a hundred and fifty which number one does not meet the zoning. Number two, we have a serious problem with the already existing well and the aquifer. I sympathize with you I fully understand where you are coming from and I understand where Mrs. Cleveland is, but in reality we just can't continue to set up situations here in this Town that's going to continue to cause problems in the future. Those houses there are tight there is no question about it. To add to that same level of confinement with septic, I mean if we had water over there different world. MR. RAINBOW-How do folks draw from the lake and not have it contaminated? What do they do with their water supply they put in a UV system right? SUPERVISOR CHAMPAGNE-I have no idea, I don't know. MR. RAINBOW-I'm building a house on Glen Lake also in the Town of Queensbury it was a tight lot. Our plan was we proposed to the Town we put in a UV system a ultraviolet system which takes out all the contaminates that you draw into the house. If I put in a UV system here so that the water supply being drawn in will not be contaminated will that satisfy the board? COUNCILMAN IRISH-No because you are drawing into her house uncontaminated. Their septic could still contaminate her well and in turn contaminate the aquifer and contaminate everybody else's well. That's the problem not that you are too close to your own septic or the well is in the wrong place. The well is too close to the neighbors septic, the proposed well. ATTORNEY LUDEMANN-I understand what you are saying. We're just asking for something that's not as severe as what the neighbors already have and her lot is bigger than most of theirs. SUPERVISOR CHAMPAGNE-Anyone else from the public? Anything more from the board? Are we ready to vote, whoops I've got another one back there. WES BISHOP-I live at 146 Sunnyside North. This has probably already been said I just got here late. I'm very concerned about the size of the lot and how crowded it is with the aquifer up there and the fact that there are a lot of septic systems all over the place, and wells, and what the impact of this may have on the neighborhood. SUPERVISOR CHAMPAGNE-Where do you live in relationship to this map could you identify that? MR. BISHOP-I'm two houses down from Bean. I also own the property right next door to the Bean's. On the other side of the street it would be the next one over. There is a house there also with two septic systems up in the back one for my house on the lake side and also for the house that's over there. SUPERVISOR CHAMPAGNE-Okay, thank you. Anyone else? JEANETTE HANSEN, 144 SUNNYSIDE NORTH, which is kitty corner it would be the southern corner to Mrs. Cleveland's lot you know where that would be? SUPERVISOR CHAMPAGNE-Yes, I'm sorry. MRS. HANSEN-The lots are small they are basically forty by a hundred or double lots. I'm sort of not worried because I would figure that this new property would be developed properly and it really would be safer than it already is. There are a few neighbors that do draw water from the lake and it is contaminated so they basically have the UV system, I have one by reverse osmoses because my well is contaminated also which is in front of my property. SUPERVISOR CHAMPAGNE-How deep is that well? MRS. HANSEN-It is at least a hundred. I had it tested twice within a year it was very bad. I know Mr. Bean's septic is sideways to mine I'm not sure how many feet from that, but it is in front of his yard too which is near the road. I just figured it would be nice if we could all have a new septic dug and put in properly like Mrs. Cleveland's is going to be. I have no objection to it. Thank you. SUPERVISOR CHAMPAGNE-Anyone else? PUBLIC HEARING CLOSED 8:00 P.M. RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF ROYAL CLASSIC HOMES RESOLUTION NO.: 50.99 (DEFEATED) INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, Royal Classic Homes previously filed an application for two (2) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health grant variances to allow the applicant's well to be located 65' and 75' from two (2) neighboring absorption fields instead of the required 100' setbacks on property owned by Carol Cleveland and located on Sunnyside Road North, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on September 20th, 1999, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and that the variances granted are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves the application of Royal Classic Homes for two (2) variances from the Sewage Disposal Ordinance to allow a well to be located 65' and 75' from two (2) neighboring absorption fields instead of the required 100' setbacks on property owned by Carol Cleveland and located on Sunnyside Road North, Queensbury and bearing Tax Map No.: 50-1-20. Duly adopted this 20th day of September, 1999, by the following vote: AYES: None NOES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne ABSENT:Mr. Turner DISCUSSION HELD BEFORE VOTE: COUNCILMAN MERRILL-Noted his concern is there is a contamination problem that has been identified. Second is the variance requested is significant noted he is voting no. COUNCILMAN IRISH-Noted he was voting no for the same reasons. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 51. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Turner CORRESPONDENCE NONE TOWN COUNCILMEN'S COMMITTEE REPORTS INDUSTRIAL PARK SEWER - WARREN COUNTY REGIONAL ECONOMIC DEVELOPMENT CORP., WARREN ROSENTHAL, PRESIDENT, MR. PAUL MC PHILLIPS CHARIMAN OF DEVELOPMENT CORPORATION PRESENT SUPERVISOR CHAMP AGNE- The Warren County Regional Economic Development Corporation has prepared some plans for funding a sewer system through the Industrial Park located on County Line Road, partly in Queensbury, and partly in Kingsbury. MR. ROSENTHAL-Noted what the board has before them is a request to put into their FY 2000 budget $75,000 towards the construction of a sewer force main from the IDA Industrial Park, the Queensbury, Kingsbury town line down County Line Road or Queensbury Avenue, across the Nimo right-a-way connecting to the City of Glens Falls manllOle at Dix Avenue. This project is designed to address not only an existing failed system that serves the IDA Park, but it is to allow for further industrial development on the east side of Queensbury which would provide a positive economic benefit to the community. They have secured most of the funding they need to do the project asked the board to contribute financially and make this project a reality. This project has been discussed off and on for about ten years. The original treatment plant that was built to serve the IDA Park was actually really never intended to be a permanent solution. Thinks it is very important that the Town have balance growth between commercial, residential, industrial growth to not only provide the quality jobs for local residents, but also enable the taxing jurisdiction to keep their tax rates at a reasonable level otherwise the burden will fall on the residents particularly in the case of school taxes. Noted there is very little inventory of industrial zoned land that is ready to be built on in the Town of Queensbury. A lot of the land is either not suitable or doesn't have any structure to it. This project would enable us to develop at least seventy five acres in Queensbury for industrial purposes and potentially some additional acres as well. Thinks it would have great economic benefit to the community. COUNCILMAN IRISH-Questioned is there a commitment from QEDC? MR. ROSENTHAL-The QEDC board has basically said, it was unanimous they have agreed to commit their $75,000 towards the project. They are in the process of submitting a proposed budget to the board and in the budget there will be a line item. COUNCILMAN IRISH-Can pencil them in on the bottom for commitments? MR. ROSENTHAL-Right. Basically down to the last step. Noted the actual capital charges still have to be computed there may be ultimately some slight variations of these numbers. You can't determine exactly what your capital charges are going to be until you define what the sewer district is, expect these will be close. COUNCILMAN IRISH-Questioned the start date on this assuming everything is lined up for funding? MR. ROSENTHAL-The next step is authorizing a Feasibility Study to be conducted which would actually then determine the boundaries of the sewer district and what the expected capital charges would be. Pointed out there will be no residents in this sewer district this sewer district is being created strictly for industrial purposes only there will not even be any commercial. SUPERVISOR CHAMPAGNE-Asked if it has to be? MR. ROSENTHAL-That is the intent. COUNCILMAN IRISH-Questioned what happens if somebody wants to move in? MR. ROSENTHAL-If somebody wants to petition into the district would welcome them, but are not going to... .... COUNCILMAN MERRILL-If you have a residence there you would not be automatically in the district? MR. ROSENTHAL-Correct. It will be designed to by-pass them. However, if a resident who is bordering the district says they like to be in they can certainly become part of the district. The next step is doing a Feasibility Study when the numbers come back and everyone is comfortable with those numbers then at that point you would pass a resolution actually starting the process of creating the district. Noted the Town of Queensbury will be taking the lead on this in the creation of the district. What is likely to happen is once the sewer district is formed then the sewer district would issue bonds. COUNCILMAN IRISH-Questioned if they are looking for $75,000 plus the Town pays for the feasibility study or is that part of the $75,000? DEPUTY W ASTEW ATER SUPERINTENDENT, MR. SHAW-In order to move forward the Town of Queensbury would have to hire an engineer to do a Map, Plan, and Report. COUNCILMAN IRISH-Is this included in the $75,000 or is that over and above? DEPUTY WASTEWATER SUPERINTENDENT, MR. SHAW-Doesn't believe that is Tom Jarrett was the original engineer on that. MR. ROSENTHAL-He has a pretty hefty figure in there for engineering, administration and legal of almost $300,000. Doesn't know if the $291,000 actually includes money to prepare the map, plan or not and do the feasibility study. SUPERVISOR CHAMP AGNE- The Feasibility Study is the Map, Plan, and Report, right? MR. ROSENTHAL-It is preliminary leading up, too. DEPUTY WASTEWATER SUPERINTENDENT, MR. SHAW-The numbers are coming in with Warren's help here as far as soliciting revenues from different organization it is looking to be a possible do project. At that point would go to the Town Board look to the Town Board to hire an engineering firm do supply a Map, Plan, and Report. MR. ROSENTHAL-At that point is reimbursable. The only thing that is not reimbursable maybe is just the preliminary. Once you authorize the resolution then anything after that is reimbursable. SUPERVISOR CHAMPAGNE-Town of Queensbury if we agree will write this project a check for $75,000 that's our contribution. When we go into this project asked if they have 1.7 million in the bank to pay for it as a capital expense, doesn't understand where the bonding is coming from? MR. ROSENTHAL-Noted they have not quite two hundred thousand dollars, you have existing customers and future customers $86,000 each. SUPERVISOR CHAMPAGNE-Would you bond for the existing customers, too? MR. ROSENTHAL-It would make the most sense to bond those improvements. It would be a very reasonable capital charge. SUPERVISOR CHAMPAGNE-The future customer that you are identifying would be the new development in Kingsbury, Phase II. The only other new customer would be the Silver Bow property. MR. ROSENTHAL-And any other properties that we decide to include in the sewer district. SUPERVISOR CHAMPAGNE-The bonding of that could very well be the eight six plus eighty six times two, right. Everything else is basically up front money. IDA claims they are going to up front the money. MR. ROSENTHAL-That's not a for sure yet. For the purpose of the Town of Queensbury that is not going to make a difference. They could either pay for it up front or bond it, doesn't have any affect on the bottom line. COUNCILMAN TUCKER-Thought that most of this money has already been allocated? SUPERVISOR CHAMPAGNE-The six hundred has already been approved. The three hundred has been approved. The IDA has committed understands Kingsbury has made a commitment. MR. ROSENTHAL-Yes. SUPERVISOR CHAMPAGNE-Warren County has made a commitment. The only outstanding ones are Queensbury, QEDC, for final and Washington County we don't know where they are at this stage. COUNCILMAN TUCKER-Questioned if Washington County is going to benefit from this if they don't come in? MR. ROSENTHAL-Kingsbury is going to directly benefit, but Kingsbury has actually agree to budget a hundred thousand dollars towards this project. SUPERVISOR CHAMPAGNE-Noted this is one of the real true blooded regional effort that he has seen in economic development noting this is a must do. Doesn't see economic development here in this community progressing unless we put some product out there that we can market and right now we don't have it. COUNCILMAN TUCKER-Questioned who owns the Silver Bow property? MR. ROSENTHAL-The Warren County. COUNCILMAN TUCKER-Questioned if they have committed this to this sewer district? MR. ROSENTHAL-Yes. COUNCILMAN TUCKER-Questioned how many acres? MR. ROSENTHAL-Seventy three and a half. COUNCILMAN TUCKER-Questioned what QEDC has in mind besides backing this project? SUPERVISOR CHAMP AGNE- Their strategies are still in the process of being finalized. Should have received a budget proposal as part of your budget. COUNCILMAN TUCKER-Noted he did, but it is very preliminary. SUPERVISOR CHAMPAGNE-They are asking to sit down with the board and begin to finalize some of these numbers and to put a plan in place that matches this. Not going to tell you that they are a hundred percent committed, but there is reason to believe the QEDC will do a portion of this. MR. ROSENTHAL-Noted it seemed clear that the QEDC board felt strongly that one of the major issues for the Town was lack of infrastructure and lack of ready to build sites. They felt that one of their primary roles would be to try to address that problem. COUNCILMAN TUCKER-Noted if they could guarantee him that they are not going to have to come up with the $75,000 until this is all together he'll agree. MR. ROSENTHAL-Need to be able to tell the Federal and State Government that we have the commitment's to cover the total project cost, but don't need all the money in our hands today in order to get started. COUNCILMAN MERRILL-Thinks the potential here is tremendous, have to up front money to make it happen. Thinks their proportional share is relatively small for the benefit we stand to derive long term. MR. ROSENTHAL-This is a good opportunity to develop an area of the Town that would be appropriate for this type of use. COUNCILMAN TUCKER-Questioned if the land is already zoned for what they want to do with it? SUPERVISOR CHAMPAGNE-Silver Bow is SFR one acre that would have to be rezoned by the Town. MR. ROSENTHAL-The Town Land Use Plan does point to that area for industrial uses. The whole eastern corridor of Queensbury is basically designated in the land use plan as one for industrial. COUNCILMAN TUCKER-Questioned if the Bow property is the only one that isn't? SUPERVISOR CHAMPAGNE-Have been looking at Earltown and there is some issues with that property that hopefully we can mitigate at least to some extent. MR. ROSENTHAL-You get a small amount of acreage out of Earltown maybe some other properties the Airport. COUNCILMAN IRISH-Noted under Federal Law you can do a one for one swap for wetlands, so Earltown is not really off the table. CONTROLLER, MR. HESS-Asked the board before they take any affirmative action on something like this it is worth the Town Controller looking over. Agrees with Fred's assessment it is almost impossible to accurately measure what this is going to mean in twenty years, but is not impossible to determine best case worse case and develop a probability table for those points in between. SUPERVISOR CHAMPAGNE-Tonight was a presentation for the full board to get an understanding of where he's been, where's he's at, and where we believe we need to go. Now that we have that we need to go back to counsel to make sure that what we're doing here is full proof and need to make sure from a financial position. COUNCILMAN MERRILL-Would like to see Henry pursue pay back on this. MR. MC PHILLIPS-Questioned if there would be a time frame on when they would come to some type of resolution? MR. ROSENTHAL-In order for us to move forward we need to proceed with some kind of preliminary map, plan we need some kind of authorization to proceed on that. SUPERVISOR CHAMPAGNE-The proper approach would be for Henry to take a look at this information for you to sit down with Henry once he gets whatever questions he has, look for answers. I think at that point we also need to talk to the counsel and need to make sure we're on the right track in terms of how we proceed from the releasing of the funds and the legality that goes with that. Once we've accomplished that then we should be ready with a resolution to move forward. Asked if this could be done within the next few weeks. CONTROLLER, MR. HESS-Noted it may be a short process from his behalf. MR. ROSENTHAL-Not looking for a resolution because we're not ready for a resolution yet will probably have to do joint resolutions. Looking for conceptual approval to put the money in next years budget. Asking for consensus among the board today. SUPERVISOR CHAMPAGNE-Henry needs to put the numbers together, we need to take a look at this years budget, next years budget. Noted the issue tonight is that he believes this is a doable project and will support it. COUNCILMAN MERRILL-Noted he supports it, wants to make sure it is legal and they do it properly. COUNCILMAN IRISH-Noted he thinks everybody is of the same mind. OPEN FORUM RESOLUTIONS JOHN SALVADOR-Spoke to the board regarding the sidewalk repair and maintenance policy. Questioned if each taxpayer would pay for the sidewalk care and maintenance regardless of whether or not there is a sidewalk? SUPERVISOR CHAMPAGNE-Funds to fund the project for year 2000 will come out of the general fund. MR. SALVADOR-Questioned why all of the taxpayers should pay for something they are deriving no benefit from? SUPERVISOR CHAMPAGNE-In order for the Town to get a handle on this and continue to work towards resolving the problem noted it makes sense to move forward under these terms. Thinks it is a reasonable approach until we get it ironed out in making sure we have it under control in order to move forward possibly in some other fashion, possibly a district, not saying that it can't happen. MR. SALVADOR-Spoke to the board regarding the prior meeting regarding sidewalks. TOWN COUNSEL, SCHACHNER-It was a public hearing on a propose local law. MR. SALVADOR-Asked if there has been a public hearing on this subject? COUNCILMAN MERRILL-It is a policy statement that says that we shall clear them in a reasonable manner. MR. SALVADOR-It is not confined to just next year. COUNCILMAN MERRILL-The general policy doesn't say who pays for it noting it is not the purpose of this resolution. MR. SALVADOR-Noted this will cost all of us money, should it cost all of us money or should it be a benefit that those people who have sidewalks pay for it? SUPERVISOR CHAMP AGNE- This was a force put upon us. JENNIFER CORNELL, TWICWOOD-Questioned if the policy states anything about maintaining the lawn on the side of the sidewalks? SUPERVISOR CHAMPAGNE-The policy is strictly clearing and cleaning sidewalks. As far as the landscape is concerned it is the property owner who will maintain it. BARBARA BENNETT-Spoke to the board regarding groups coming in asking for sidewalks. The problem where private owners are concerned is the sidewalk may be on their property and be of no benefit, but a liability to them. People who do not live on that road, but on the side roads want the sidewalks for their children and so forth to walk on. Asked if there should be approval to put sidewalks on property from the property owner. SUPERVISOR CHAMPAGNE-This is part of the federal aid that the State gets for improving roads. In order to get the federal aid there are certain requirements and mandates to go along with that. One of which is the Handicapped and Disadvantage Act which definitely requires sidewalks that is how they got there. This law that is in effect right now deals primarily with State and County roads they dump the liability and responsibility on the Town. The Town can then take it dump it down to the private homeowner if that's what they choose to do. We went through that scenario and the board decided that was not what we wanted to do. Surveyed twenty one or two different communities quite like Queensbury throughout the State of New York with highways quite like Route 9, we are very unlike other communities throughout the State that are suffering from this same condition, trying to come up with the best scenario or solution that will take this to where ever it has to go. TIM BREWER, CANDLEBERRY DRIVE-Questioned why couldn't they close the sidewalks on one side and plow one side instead of doing both? SUPERVISOR CHAMPAGNE-Noted in some areas there are sidewalks on the right side then it shifts off to the left side where you have no sidewalk on the right side. COUNCILMAN TUCKER-If you take any money out of the general fund to do anything for sidewalks noted it should be done for everyone that has sidewalks. MR. BREWER-Close the sidewalks let the State do it. COUNCILMAN IRISH-Questioned if the Highway Department can abandoned the sidewalks? TOWN COUNSEL, SCHACHNER-You can't just pick the sidewalks. SUPERVISOR CHAMPAGNE-They treat a sidewalk just as they do a highway. TOWN COUNSEL, SCHACHNER-Not abandoned the road, only the sidewalk doesn't think so. COUNCILMAN IRISH-Doesn't think they should be plowed at all. KATHLEEN SALVADOR-Questioned the cost of this? SUPERVISOR CHAMP AGNE- To buy two caterpillar track units with plows, snowblowers, sanding machines they are about $75,000 to $90,000 each. It has been projected that it would be times two. Then you add to that depending on where you are going to truck it. Are we going to take it to our pit or take it to the back side of the municipal center? Now we're looking at mileage and trucking and staff time, truck drivers, flagman. Now that hundred and fifty for the initial cost is probably up where now to another $100,000 so you are $225,000 to $250.000 those are the numbers that we're looking at. What we're looking at in this policy that we are trying to put in place the Town has three Bobcats have been told this is the machine that could do the job. Looking for a way to keep our costs within limits let look at the first year and see how serious it gets. MRS. SALVADOR-How many miles does this sidewalk cover? SUPERVISOR CHAMP AGNE- Twelve. MRS. SALVADOR-Questioned if this is going to be a line item in the budget? SUPERVISOR CHAMPAGNE-There is a sidewalk budget in the budget there will be additional dollars to accommodate that. MRS. SALVADOR-Questioned if there is a winter with not much snow and don't use the money that is allocated will there be an accounting of what has been used? SUPERVISOR CHAMPAGNE-Absolutely. MRS. SALVADOR-Questioned who carries the liability on all of this? SUPERVISOR CHAMPAGNE-The Town. CONTROLLER, MR. HESS-The Town will carry liability insurance for it who will be liable will determined after the incident. FERN HALL, QUEENSBURY-Questioned what would happen if the board didn't do anything, what is the penalty? COUNCILMAN MERRILL-Concern is the liability the Town would face. MRS. HALL-You will cover it with the liability you are carry insurance. COUNCILMAN MERRILL-Then we would be at fault for not clearing the sidewalk. COUNCILMAN IRISH-You don't have to have a special policy saying you are going to clear the sidewalk basically it only identified County and State roads. MRS. HALL-Thinks the board is setting a dangerous precedent by doing something the first year. Questioned if they would hold back future money? SUPERVISOR CHAMPAGNE-Possibility. COUNCILMAN MERRILL-Noted he has a problem saying, we as a Town Board are going to violate the law. COUNCILMAN TUCKER-Questioned if they are setting up the possibility of establishing a taxing district that is not legal? TOWN COUNSEL, SCHACHNER-Doesn't think the policy sets up that possibility. Thinks the policy is just a very generic policy that was requested by the Highway Committee. Understood that the principal purpose of proposing the policy for the boards consideration tonight was to alleve the fears of the numerous constituent's who came to the public hearing at the previous meeting concerned that they would bear individual responsibility for clearing the snow from the sidewalk in front of their properties. COUNCILMAN MERRILL-Correct. It is to clarify that position and also it is written very loose it says, a fair and reasonable time. COUNCILMAN TUCKER-Questioned if you go out and spend ten dollars is the Division of Audit and Control going to tell us we're spending money illegal? TOWN COUNSEL, SCHACHNER-Doesn't believe so. COUNCILMAN MERRILL-If we created a district it would be subject to permissive referendum. COUNCILMAN IRISH-Recommended having the prisoners clean the sidewalks. YON LINDEL-Questioned if this is a policy are the people who own the property adjacent to it responsible? SUPERVISOR CHAMPAGNE-No. MR. LINDEL-Noted he has a problem with many laws that are illegal laws questioned why the State did this in this manner? SUPERVISOR CHAMPAGNE-Haven't gone to court to test that law. Hopes this will be brought to the Association of Towns next year to the State DOT. MR. LINDEL-Recommended not making a policy and looking at the legal ramifications first. MR. SALVADOR-Spoke to the board regarding the life of the equipment noting it really makes it only $20,000 a year with labor cost on top of it maybe another $30,000 a year. Questioned if they looked at a taxing district confined to the property owners abutting the highway what it would cost? Questioned how the sidewalks are taken care of on Town roads? SUPERVISOR CHAMPAGNE-We don't. MR. SALVADOR-Questioned if the property owner is responsible? SUPERVISOR CHAMPAGNE-Yes. MR. SALVADOR-Through a local law? SUPERVISOR CHAMPAGNE-No. MR. SALVADOR-How are they responsible? SUPERVISOR CHAMPAGNE-Those who choose to shovel, shovel. MR. SALVADOR-This would not amount to much of a tax on the abutting property owner. COUNCILMAN MERRILL-Need to look into this. RESOLUTIONS RESOLUTION AUTHORIZING DAVID HATIN TO USE FIVE VACATION DAYS AND FIVE DAYS OF P AID LEAVE TO ATTEND SCHOOL IN MONTOUR FALLS RESOLUTION NO.: 306.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, David Hatin, Director of Building and Codes Enforcement, has requested Town Board approval to use five (5) vacation days and five (5) days of paid educational leave to attend a school in Montour Falls beginning October 18th, 1999, and WHEREAS, the Town Controller's Office has confirmed that Mr. Hatin does have vacation leave time available, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes David Hatin to use five (5) vacation days and five (5) days of paid education leave to attend a school in Montour Falls beginning October 18th, 1999. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING PLACEMENT OF PROPOSITIONS REGARDING CRANDALL PUBLIC LIBRARY DISTRICT ON BALLOT RESOLUTION NO.: 307.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION DENIED SECONDED BY: Mr. Fred Champagne WHEREAS, the Laws of 1992, Chapter 456 authorized the establishment of the Crandall Public Library District for the City of Glens Falls in Warren County, the Town of Moreau in Saratoga County and the Town of Queensbury in Warren County, and WHEREAS, this legislation provides and the Board of Trustees of Crandall Public Library has authorized that the propositions relating to the Crandall Public Library District be placed on the ballot at the General Election to be held on November 2nd, 1999, and WHEREAS, the propositions to be determined are as follows: 1. Whether the annual budget for 2000 as proposed by the Board of Trustees of the Crandall Public Library shall be approved or disapproved; and 2. The election of one trustee from the Town of Queensbury to the Crandall Public Library District Board; and WHEREAS, the Crandall Public Library Board of Trustees has requested that the Town of Queensbury adopt a Resolution authorizing placement of the propositions concerning these issues on the ballot of the November 2nd, 1999 General Election for the voters' approval or disapproval, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves and authorizes the following two (2) propositions pertaining to the Crandall Public Library District and requests that they be placed on the ballot in all Town of Queensbury voting locations on the General Election Day, Tuesday, November 2nd, 1999: [l] BUDGET The proposed 2000 budget of the Crandall Public Library District is $1,733,684.80 to be partially funded by the municipalities comprising the District. The share of the proposed budget to be raised by an ad valorem assessment upon the real property within the Town of Queensbury is $511,129.29. Shall the proposed budget be approved? [2] TRUSTEES TO BE ELECTED For a vacancy upon the Board of Trustees of the Crandall Public Library District representing the Town of Queensbury to serve a term of five (5) years. Vote for one: Paul Buchman and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to transmit a certified copy of the text of these two (2) propositions to the Board of Elections or other appropriate officials. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Merrill, Mr. Champagne NOES: Mr. Irish, Mr. Tucker ABSENT:Mr. Turner RESOLUTION REAFFIRMING TOWN BOARD RESOLUTION NO.: 295,93 REGARDING PURCHASE OF CEMETERY LOT FROM NORA MARY SOWRA Y RESOLUTION NO.: 308.99 INTRODUCED BY : Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, by Queensbury Town Board Resolution No.: 295,93, the Town Board approved the Cemetery Commission's purchase of a cemetery lot in the Pine View Cemetery from Nora Mary Sowray for the amount of $400, and WHEREAS, Mrs. Sowray's daughter has advised the Cemetery Commission that her mother is deceased and she cannot find any record of Mrs. Sowray receiving the $400 payment from the Town, and WHEREAS, the Cemetery Superintendent has confirmed that there is no record of the Town issuing the $400 to Mrs. Sowray, and WHEREAS, the Cemetery Commission has recommended that the Town Board adopt a Resolution authorizing payment to Mrs. Sowray's daughter, Mrs. Richard Meincke, for the previously authorized amount of $400, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby reaffirms Resolution No.: 295,93 authorizing the purchase of a Pine View Cemetery lot from Nora Mary Sowray for the amount of $400, such check to be issued to Mrs. Sowray's daughter, Mrs. Richard Meincke as Mrs. Sowray is deceased, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby further authorizes and directs the Cemetery Superintendent to arrange for the payment to Mrs. Meincke and proper accounting of the sale in the Town's books and records. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC., ALLOWING PLACEMENT OF UNCLAIMED STRAY DOGS IN NO-KILL SHELTER RESOLUTION NO. 309.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, in accordance with Chapter 73 of the Queensbury Town Code or Article 7 of the New York State Agriculture and Markets Law, licensed and unlicensed dogs within the Town of Queensbury that, among other things, run at large and/or cause physical harm to persons and damage to property are currently impounded in the Glens Falls Animal Hospital and euthanized if not claimed or adopted, and WHEREAS, the Town wishes to enter into an agreement with SPCA of Upstate New York, Inc., (SPCA) authorizing the Town to place suitable dogs seized within the Town that are unclaimed from the Glens Falls Animal Hospital in the SPCA's No-Kill shelter, and WHEREAS, a proposed agreement between the Town and the SPCA has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves and authorizes the agreement with the SPCA of Upstate New York, Inc., presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreement on behalf of the Town of Queensbury and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION APPOINTING ROBERT COMEAU AS FULL-TIME SCHOOL TRAFFIC OFFICER AND JOANNE TOUSSAINT AS SUBSTITUTE SCHOOL TRAFFIC OFFICER RESOLUTION NO. 310.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, a vacant School Traffic Officer (Crossing Guard) position exists within the Town of Queensbury, and WHEREAS, the Town Board wishes to appoint someone to this full-time position, as well as appoint a substitute, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Robert Comeau as full-time School Traffic Officer (Crossing Guard) and Joanne Toussaint as a substitute for the position, effective September 8th, 1999 at the current rate of pay for the School Traffic Officer (Crossing Guard) position to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Controller's Office to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Turner RESOLUTION AUTHORIZING WATER SERVICE TO TWO (2) RESIDENTS LOCATED OUTSIDE OF THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 311.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, two (2) Town residents, Barbara Hillis of 790 Bay Road and Nancy Hillis of 784 Bay Road, have requested water service from the Water District although their properties are located outside of the Water District, and WHEREAS, a water line exists in front of the residents' properties and the property across the street from the residents is located within the Water District, and WHEREAS, the Town of Queensbury's past practice is to grant water service to residents outside of the Water District until the next time that the Town extends the Water District, at which time the residents' properties will become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize Agreements for the supply of water to these residents in accordance with Town Law Section 198(3)(b), and WHEREAS, the proposed Agreements for the supply of water are in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to Barbara Hillis and Nancy Hillis until the Town Board approves the next Water District extension, at which time the residents' properties will become part of the Consolidated Water District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the residents and signing the Agreements for the supply of water in accordance with Town Law Section 198(3)(b), to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES :Noes ABSENT:Mr. Turner RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 312.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the transfer of funds and the amendment of the 1999 Town Budget as follows: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-1620-1400 (Payroll) 01-1620-4155 (Temp. Pers. Serv.) 4,000 Duly adopted this 20th of September, 1999, by the following vote: AYES : Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES : None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ACCEPTANCE OF HUDSON POINTE NATURE PRESERVE FROM OPEN SPACE INSTITUTE RESOLUTION NO.: 313.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by Town Board Resolution No.: 205.95, the Town Board of the Town of Queensbury authorized the Hudson Pointe P.UD. Conservation Area Agreement between the Town, Hudson Pointe, Inc., and the Open Space Institute concerning the preservation and maintenance of a conservation area known as the Hudson Pointe Nature Preserve (Preserve) located within the Hudson Pointe development by the Open Space Institute (OSI), and WHEREAS, in accordance with the Agreement, OSI purchased the 83.5 acre area and developed a nature preserve with trails on the property, and WHEREAS, as part of the Agreement, OSI was to develop the property and then after a three year period, relinquish control of the property to another party, and if OSI could not find such party, the Town of Queensbury would take title to the property, and WHEREAS, OSI has advised that it has not found a third party to take title to the property and therefore OSI is prepared to convey title to the Preserve to the Town of Queensbury subject to a Conservation Easement which would restrict the property to outdoor recreational uses, and WHEREAS, the Town Recreation Commission has evaluated the Preserve and feels that it will be an outstanding addition to the Town's park system, and WHEREAS, the Town Board understands that by accepting the Preserve, the Town Department of Parks and Recreation will be responsible for the maintenance and up-keep of the Preserve, and WHEREAS, the Town Board agrees that the Preserve will benefit Town residents and therefore the Board wishes to authorize the transfer of the Preserve from OSI to the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves and accepts the transfer of the 83.5 acre parcel known as the Hudson Pointe Nature Preserve located within the Hudson Pointe development (Tax Map No.: 148-1-2.3) from the Open Space Institute to the Town of Queensbury in accordance with the Hudson Pointe P.UD. Conservation Area Agreement authorized by Town Board Resolution No.: 205,95, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to Town Counsel, Deed, Real Property Transfer Report and Capital Gains Affidavit and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPAIR AND REPAINTING OF WEST MOUNTAIN RESERVOIR TANK AND SOUTH QUEENSBURY STANDPIPE RESOLUTION NO.: 314.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, by Town Board Resolution No.: 151.99, the Town Board authorized engagement of the engineering services of C. T. Male Associates, P. C. to evaluate the Town's water tank maintenance needs, prepare the necessary bid documents and inspect the maintenance work, and WHEREAS, C. T. Male has evaluated the water tank maintenance needs and has presented the Town's Water Superintendent and Purchasing Manager with bid documents and specifications to advertise for bids for the repair and repainting of the West Mountain Reservoir Tank and South Queensbury Standpipe, and WHEREAS, Section 103 of the General Municipal Law requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Purchasing Manager to publish an advertisement for bids for the repair and repainting of the West Mountain Reservoir Tank and South Queensbury Standpipe, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Purchasing Manager to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board of the Town of Queensbury. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF PAUL CUSHING TO PROVIDE ENGINEERING SERVICES IN CONNECTION WITH ADDITION TO WATER DEPARTMENT MAINTENANCE GARAGE RESOLUTION NO.: 315.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury's Water Superintendent requested proposals for engineering services in connection with a proposed addition to the Water Department's maintenance garage, and WHEREAS, the Water Superintendent and Purchasing Manager reviewed all responses received and have recommended that the Town Board engage the services of Paul Cushing for the following amounts of: 1. $11,500 for Phase 1 - Design and Development of Plans and Specifications for Contractor's Bidding; 2. $ 2,500 for Phase 2 - Bidding Process and Review; Recommendation to the Town; and 3. $ 5,000 (not to exceed) for Phase 3 - Project Administration and Observation as delineated in Paul Cushing's proposal dated August 30th, 1999, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Paul Cushing to provide engineering services in connection with the addition to the Town Water Department's maintenance garage for the amounts specified above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Controller's Office to establish any necessary account or make any necessary budget transfers to pay for these engineering services, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Water Superintendent and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO.6 RESOLUTION NO. 316.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as the Central Queensbury Quaker Road Sewer District Extension No.6, and WHEREAS, Everest Enterprises, LLC, (the Developer) has agreed to make all necessary improvements and pay all the costs of such extension, and WHEREAS, a Map, Plan and Report has been prepared by Haanen Jenkin & Hutchins, LLC, engineers licensed by the State of New York, regarding the proposed extension to the existing Central Queensbury Quaker Road Sewer District to serve the Ponderosa Restaurant and an 80 unit Sleep Inn Hotel to be constructed by the Developer located along Route 9 just north of the Ponderosa Restaurant, Queensbury, such area consisting of parcels bearing Tax Map No.'s: 71-2-2 and 71-2-14.2 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer district extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed sewer extension in accordance with Town Law Article 12A and consolidate it with the Central Queensbury Quaker Road Sewer District in accordance with Town Law Section 206-a, and WHEREAS, the Town Board considered the establishment of the extension in accordance with the provisions of the State Environmental Quality Review Act and adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board also adopted a Resolution approving the extension of the District subject to permissive referendum, and WHEREAS, in the Resolution approving the extension, the extension was referred to as Extension NO.5 and the Deputy Director of Wastewater has since advised that the extension is actually the sixth extension of the Central Queensbury Quaker Road Sewer District and so this extension should be referred to as Extension No.6, and WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with Subdivision 4, Town Law Section 209-e establishes that no petition was filed requesting a referendum, and WHEREAS, State Comptroller approval is not necessary, and WHEREAS, the Town wishes to adopt a Final Order extending the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, IT IS ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that: I.The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient. 2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk's Office; 3.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension NO.6 to the Central Queensbury Quaker Road Sewer District as it has been described in the Map, Plan and Report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 4.The extension benefits all property and property owners within the extension; 5.All benefited property and property owners are included within the limits of the extension; 6.In accordance with Section 206-a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established, as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended; IT IS FURTHER, ORDERED, that: I.The Central Queensbury Quaker Road Sewer District Extension NO.6 to the Central Queensbury Quaker Road Sewer District be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the Map, Plan and Report and construction of the improvement may proceed and service provided and subject to the following: A. of Health; the obtaining of any necessary permits or approvals from the New York State Department B. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Central Queensbury Quaker Road Sewer District Extension NO.6 to the Central Queensbury Quaker Road Sewer District are as follows: All that piece or parcel ofland, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side of NYS Route 9 and southerly of Sweet Road and being further bounded and described as follows: Beginning at a point in the easterly line ofNYS Route 9 at the division line oflands N/F ofVW. Weeks (occupied by Gambles Bakery) to the north and lands ofD&C Management Associates, Inc. to the south and runs thence along said division line S870-36"-30"E 234.86' to a point in the easterly line of the aforesaid VW. Weeks, thence along said easterly line N060-58'-30"W 100.0' to a point in the southerly line of Sweet Road; thence along said southerly line S870-36'-30"E 75.70' to a point in the westerly line oflands N/F of George and Donald Weeks; thence along said westerly line S060-51 '-OO"E 200.0' to a point in the southerly line of the aforesaid George and Donald Weeks; thence along said southerly line S870-36'-30"E 208.0' to a point in the westerly line of Montray Road; thence along said westerly and northerly lines of Montray Road the following five courses S060-51 '-OO"E 153.80' to a point; thence S060-08'-30"E 305.43' to a point of curvature; thence on a curve to the right of radius 204.90', a distance of 156.70' to a point of compound curvature; thence continuing on a curve to the right of radius 315.0' a distance of 321. 94' to a point of tangency and N830-46'-00"W 84.70' of D'Angelo; thence along said easterly and northerly line of said D'Angelo the following two courses N060-14'-00"E 250.0' to a point and N830-46'-00"W 217.80' to a point in the easterly line ofNYS Route 9; thence along said easterly line the following three courses N080- 22'-1O"E 176.10' to a point; thence NOl o-13'-OO"E 266.58' to a point and N060-20'-30"W 123.93' to the point or place of beginning, containing 8.85:1: acres ofland. ALL THAT TRACT, PIECE OR PARCEL OF LAND, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side ofNYS Route No.9, southerly of Sweet Road and being further bounded and described as follows: Beginning at a point in the easterly line of NYS Route NO.9 at the division line oflands N/F of Y. W. Weeks (occupied by "Gambles Bakery") to the north and lands ofD&C Management to the south, and runs thence easterly along said division line S870-36'-30"E, 234.86' to a point in the easterly line of the aforesaid Y.W. Weeks; thence along said easterly line N060-58'-30"W, 100.0' to point in the southerly line of Sweet Road; thence along said southerly line S870-36'-30"E, 75.70' to a point in the westerly line oflands N/F George Weeks and Donald Weeks; thence along said westerly line S-060-51 '-OO"E, 200.0' to a point of intersection of the southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing southerly through lands ofD&C Management S060-51'-00"E, 285.0' to a point in the northerly line of the Ponderosa Restaurant; thence along said northerly line N830-46'-00"W, 349.34' to a point in the easterly line ofNYS Route No.9; thence along said easterly line the following two courses NOl o-13'-OO"E, 234.19' to a point and N060-20'-30"W, 123.93' to the point or place of beginning, containing 2.90:1: acres of land. The above described parcel is subject to two easements along the southerly line of the above described parcel. Easement Along Southerly Line of Lot NO.1 Beginning at a point in the easterly line ofNYS Route NO.9 where it is intersected by the northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line ofNYS Route NO.9 NO! 0_13'_ OO"E, 15.06' to a point; thence easterly and southerly through lands previously described (2.90:1: acres), S830-46'-00"E, 347.17' to a point and S060-51'-00"E, 15.40' to a point in the northerly line of the Ponderosa Restaurant parcel; thence along said northerly line N830-46'-00"W, 349.34' to the point or place of beginning. Being a 15' wide easement entirely within Lot #1 Parcel. A 30 x 30 Easement to the Town of Queensbury Beginning at a point in the easterly line ofNYS Route No.9, said point being distant the following two courses from the division line oflands N/F ofY.W. Weeks to the north (occupied by "Gambles Bakery") and lands ofD&C Management to the south S060-20'-30"E, 123.93' to a point and SOIO-13'-OO"W, 211.66' to the point of beginning and runs thence the following three (3) courses through lands of the aforesaid Kapoor S830-46'-00"E, 30.0' to a point; thence SOIO-13'-OO"W, 30.12' to a point; thence N830-46'-00"W to a point in the easterly line ofNYS Route No.9, thence along said easterly line NOIO-13'-OO"E, 30.12' to the point or place of beginning, containing 0.026:1: acres ofland. 3. The improvements to be included and made a part of the extension shall be as more specifically set forth in the Map, Plan and Report prepared by Haanen Jenkin & Hutchins, LLC, and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook -up; 4. All proposed construction shall be installed and paid for by the Developer (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications, and under competent engineering supervision; 5. The maximum amount proposed to be expended for these improvements will be approximately $37,500, plus a one time buy-in fee estimated to be $1.35 per gallon of average daily flow, which in this case is $5,400. Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of Queensbury or the Central Queensbury Quaker Road Sewer District for the proposed extension. The areas or properties that comprise the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service will pay the cost for engineering, installation of the sewer pipe and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Central Queensbury Quaker Road Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Central Queensbury Quaker Road Sewer District; 7. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Central Queensbury Quaker Road District, the Developer being completely responsible for the same, as well as the charge payable to the City at the time of the initial connection of the extension; 8. In accordance with Town Law Section 206-a, it is in the public interest to assess all expenses of the district, including all extensions included heretofore or hereafter established, as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended. 9. Expenses incurred after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Central Queensbury Quaker Road Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and is available for public inspection; and BE IT FURTHER, ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk's Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:Mr. Turner RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR GEORGE KOUBA RESOLUTION NO.: 317.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, in accordance with Section 113-12 of the Queensbury Town Code, the Town Board of the Town of Queensbury is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, George Kouba has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace his mobile home located at 78 Montray Road #3, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on October 4th, 1999 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the application by George Kouba for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit on property situated at 78 Montray Road #3, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting, post the Notice on the Town Clerk's bulletin board and mail the Notice to the Town Planning Board Chairman, at least ten (10) days prior to the hearing. Duly adopted this 20th day of September, 1999, by the following vote: AYES: Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES: None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF ALVEY AND COTE, LTD., TO PROVIDE APPRAISAL IN CONNECTION WITH ARTICLE 7 ASSESSMENT PROCEEDING RESOLUTION NO.: 318.99 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, John and Kathleen Salvador have commenced Article 7 Real Property Tax Assessment Proceedings against the Town of Queensbury concerning property located at Dunham's Bay Lodge, 2999 State Route 9L, Queensbury (Tax Map No.'s: 10.-1-17.1; 4-1-9 and 4-1-11) for the 1996 through 1999 tax years, and WHEREAS, the Town is required to file an appraisal with the Warren County Supreme Court, and WHEREAS, the Town Assessor has recommended that the Town Board engage the services of Alvey and Cote, Ltd., to provide the appraisal for the approximate amount of $2,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the engagement of Alvey and Cote, Ltd., to furnish a Court-ready appraisal in connection with Article 7 Real Property Tax Assessment Proceedings commenced by John and Kathleen Salvador concerning property located at Dunham's Bay Lodge, 2999 State Route 9L, Queensbury for the 1996 through 1999 tax years for an approximate cost of $2,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Assessor and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION AUTHORIZING ENGAGEMENT OF CHAZEN ENGINEERING & LAND SURVEYING, CO., P.c. TO PROVIDE PROFESSIONAL SERVICES CONCERNING DRAINAGE ISSUE AT CLARK STREET/RESERVOIR DRIVE INTERSECTION RESOLUTION NO.: 319.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Town of Queensbury's Director of Community Development requested proposals from professional engineering firms to provide planning, surveying, design and construction documentation services to address drainage issues at the Clark Street and Reservoir Drive intersection located in Reservoir Park, Queensbury, and WHEREAS. Mr. Round has recommended that the Town Board authorize engagement of Chazen Engineering & Land Surveying Co., P.c. (Chazen) to provide these services for the estimated amount of $4,750 as delineated in their proposal dated July 8th, 1999, and WHEREAS, the Purchasing Manager has reviewed Chazen's proposal and concurs with the Executive Director's recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Chazen Engineering & Land Surveying Co., P.C. to provide planning, surveying, design and construction documentation services to address drainage issues at the Clark Street and Reservoir Drive intersection located in Reservoir Park, Queensbury for the estimated total amount of $4,750 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Director of Community Development and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT:Mr. Turner RESOLUTION ENACTING SIDEWALK CARE AND MAINTENANCE POLICY RESOLUTION NO. 320.99 INTRODUCED BY: Mr. Douglas Irish MOTION WITHDRAWN WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-Questioned if it would be better not to have a policy for the moment? SUPERVISOR CHAMPAGNE-Noted it is his opinion we need to have something on the books. COUNCILMAN MERRILL-In formulating this we used the term reasonable time and manner which is very subjective. SUPERVISOR CHAMPAGNE-Asked if the board would be in jeopardy down the road? TOWN COUNSEL, SCHACHNER-I understood the purpose of this is not to protect us against the State, but to alleviate the concerns expressed by the constituent's that came to the public hearing on the propose local law and did not what they, themselves to be responsible. I did not understand this policy to be proposed to somehow alleviate any obligation as seen by the State. Doesn't believes the policy serves to protect us against any claim by the State. COUNCILMAN IRISH-Noted he doesn't think this alleviates any business owner or any property owners concerns. We were talking about a local law that had to go through a public hearing this doesn't have anything to do with the local law. Noted he would withdraw his motion if the board doesn't want to go forward with this. COUNCILMAN TUCKER-Noted he thinks it can de done without it. COUNCILMAN MERRILL-I'll support withdrawing it. COUNCILMAN IRISH-I'll withdraw my motion. COUNCILMAN TUCKER-I'll withdraw the second. RESOLUTION AUTHORIZING REPAIR AND INSTALLATION OF EMERGENCY GENERATOR FOR QUEENSBURY ACTIVITIES CENTER RESOLUTION NO.: 320.99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, recent power outages have affected certain buildings on Town property and therefore the Town Supervisor has directed the Town's Facilities Manager to solicit quotes from various contractors for the repair and installation of an emergency generator currently located on Town property, and WHEREAS, the Town Supervisor has directed that the repair and installation work be considered on an emergency basis, and WHEREAS, the Facilities Manager received verbal quotes for the emergency generator repair and installation work and has recommended that the Town Board authorize engagement of four (4) contractors to perform their respective portions of the work as follows: 1. Southworth-Milton, Inc. - Furnish Generator Parts - $ 1,500. 2. Catalfamo Construction - Creation of Concrete Pad 3. Russ-L-Electric - All Electrical Wiring 4. Kinsley Power Systems - Generator Start-Up Service - $ 600. - $ 3,500. - $ 1,200. TOTAL:- $ 6,800. and WHEREAS, the Purchasing Manager concurs with the Facilities Manager's recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of the contractors listed above to perform their respective portions of the emergency generator repair and installation work for the estimated total amount of $6,800 to be transferred from the Town's Contingency Fund and paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Facilities Manager and/or Town Supervisor to execute any forms or agreements in form approved by Town Counsel and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of September, 1999, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Irish, Mr. Champagne NOES None ABSENT:Mr. Turner PLANNED DISCUSSIONS COUNCILMAN IRISH-Spoke to the board regarding a phone call received from Yon Lindal asking for information from his file, noted he asked Mr. Lindal to speak at the meeting to address his concerns. YON LINDAL, QUEENSBURY-Spoke to the board regarding his concerns with the Code Enforcement Office relating to junk vehicles on his property. Noted his concern with a letter he received from the Code Enforcement Office condenming his house that was in a fire, noting his house was never condenmed, noting his civil rights have been denied by the Town and Mr. Hatin noted all he wants is to be left alone. SUPERVISOR CHAMPAGNE-He has had conversations with Mr. Merrill relative to the complaint. Noting he is not prepared to move in any direction with this other than to listen. COUNCILMAN IRISH-Noted his concern with the letter that was sent to the insurance company first and not the board. EXECUTIVE DIRECTOR, MR. ROUND-Doesn't know if it was or wasn't the case. SUPERVISOR CHAMPAGNE-Needs to get more information as to what legal grounds does a code enforcement officer have concerning an unsafe structure and getting board approval. EXECUTIVE DIRECTOR, MR. ROUND-Will check to see what the proper procedure is. TOWN BOARD WORKSHOP CONTROLLER, MR. HESS-Spoke to the board regarding copy of Supervisors Tentative Appropriations Budget. The appropriations have been published the revenue estimates are being put together this week. Friday is the day it will be filed with the Clerk and the following board meeting the Clerk will turn the budget over to the Town Board officially. Need to set up workshops noting budget has to be published on November 4th. After further discussion it was the decision of the Town Board to set a workshop for September 27th, 1999 at 6:30 p.m to review Supervisors cuts, QEDC and Warren County Economic Development, salary information. COUNCILMAN IRISH-Questioned the time frame on the revised engineering report from Chazen regarding Kiley Lane and Willow? EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT -It has been completed. Highway Department has received it COUNCILMAN MERRILL-They will be working on it sometime late September. COUNCILMAN TUCKER-Spoke to the board regarding Stonebridge Road in his Ward noting the Highway Department only paved half of it. Asked Councilman Merrill to find out if they will be coming back to finish it. ATTORNEY MATTERS: NONE OPEN FORUM 10: 10 P.M. DENNIS BROWER, QUEENSBURY-Asked if there was a formal emergency plan noting his concern with an ice storm in the winter and Niagara Mohawk. SUPERVISOR CHAMPAGNE-Yes, MR. BROWER-Asked if the schools could be used as evacuation shelters in mid winter? SUPERVISOR CHAMPAGNE-Yes. The County takes over control once an emergency has been declared the Sheriffs Office has one hundred percent jurisdiction. MR. BROWER-Suggested the board consider picking up limbs that blew down during the storm, asked if the board had control over that? SUPERVISOR CHAMPAGNE-Can make a request. It was done back in 1996 or 1997... .... COUNCILMAN TUCKER-Noted the process really got misused people were sawing trees down and putting them out there. MR BROWER-Asked if they could have a time period set aside at the Ridge Road Landfill where they could deposit debris like that at no charge? COUNCILMAN TUCKER-Town Board have passed laws that it is illegal to bury all that stuff. COUNCILMAN MERRILL-There are private haulers that will take it. JIM UNDERWOOD, TOWN OF QUEENSBURY-Spoke to the board noting he is on the board for Friends of Coles Wood asked the board for help in cleaning up the woods due to the damage from the storm on the Queensbury side. SUPERVISOR CHAMPAGNE-Have to talk to counsel. TOWN COUNSEL, SCHACHNER-Municipalities are allowed to share services. BARBARA BENNETT, QUEENSBURY-Spoke to the board regarding the resolution for the sidewalk questioned if it was pulled. SUPERVISOR CHAMPAGNE-Never came to a vote. MRS BENNETT -Spoke to the board regarding Crandall Library not being on the ballot noting enough is enough. Recommended having a through street off Bay Road to help with the balloon festival or accidents for the future. MR. SALVADOR-Echoed Mrs. Bennett's sentiments regarding Crandall Library noting in seven years it has doubled it is getting out of hand, it is like another school district for which we have no control over. COUNCILMAN MERRILL-Let the public vote on it. COUNCILMAN IRISH-Noted he thinks you should let them vote on two things. Either vote the budget or vote to withdraw from the district. MR. SALVADOR-Questioned if a deal could be worked out with Resource Recovery Facility regarding the fallen trees. COUNCILMAN TUCKER-It is not built to burn wood, built to handle trash. MR. SALVADOR-Spoke to the board regarding the power outage noting he was disappointed the right-a- ways aren't being maintained that's the problem. Spoke to the board regarding the hearings concerning wastewater noting the missing element is the accumulative impact of putting a wastewater management system in. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 321. 99 INTRODUCED BY: Mr. Douglas Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss issues dealing with the 1999 retirement incentive, non union salaries, part-time wage schedules. Duly adopted this 20th day of September, 1999, by the following vote: Ayes: Mr. Merrill, Mr. Irish, Mr. Tucker, Mr. Champagne Noes: None AbsentMr. Turner RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 322.99 INTRODUCED BY: Mr. Richard Merrill WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Fred Champagne RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 20th day of September, 1999, by the following vote: Ayes: Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne Noes: None AbsentMr. Turner No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury