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2007-09-10 MTG39 REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 945 REGULAR TOWN BOARD MEETING MTG#39 SEPTEMBER 10, 2007 RES#391-411 7:00 P.M. B.H. 20-21 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DIRECTOR OF PARKS & RECREATION, STEVE LOVERING RECREATION PROGRAM SPECIALIST, LORI O’SHAUGHNESSY WASTEWATER DIRECTOR, MIKE SHAW PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR Supervisor Stec-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 391, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 10 day of September, 2007, by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING –SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT & ELIZABETH BIRCHENOUGH AGENT –GREGORY GIFFORD – APPLICANT ROBERT AND ELIZABETH BIRCHENOUGH PRESENT OPENED NOTICE SHOWN PUBLICATION DATE: AUGUST 31, 2007 SUPERVISOR STEC-Just to summarize we had set this three weeks ago. The property is located at 340 Cleverdale Road in the Town of Queensbury. The variances sought are a leach field five feet from the property line instead of ten feet. An effluent line three feet from the property line in lieu of ten foot. A leach field eight foot from the basement/garage instead of twenty foot. Two hundred and sixty feet linear feet of advantex leach field instead of the required five hundred and fifty for a conventional REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 946 system, which is set forth in Chapter 136 Tables 5 and 6. The board had asked the Town Engineer for some information on the advantex criteria he did provide some of that stuff I am not sure if all of our curiosities will be settled on that. That is what we set the public hearing, with that I will open the public hearing. If there are any members of the public or if the applicant wants to address the board first with their agent we usually start that way. DR. ROBERT BIRCHENOUGH, 340 Cleverdale Road, this is my wife Elizabeth. We bought the actually designer of the system here as well as the engineer of the system. I am going to actually have them talk about it since that was the main question from the previous meeting as to what the system does, how it works, and that sort of thing so I will just hand it over to them. GREG GIFFORD-I am a professional engineer in New York State and others. I have been helping the Birchenough’s with their work that they have been doing on their building for about a year now from a structural capacity when they were working in underneath their building. They asked me to get involved with the design of the septic system of a new septic system a replacement septic system. I brought in because of the site constraints that we had there we did some perk tests I found that it was beyond something that I wanted to get involved with so I hired Norm Schreib he is with Schreib Engineering. He again is a professional engineer in New York State and he is an expert having to do with the advantex system he is the guy to ask the questions maybe he wants to give you a little info first if you could hold some questions and then take it from there. COUNCILMAN BREWER-Maybe Dan he could explain to us how exactly the system works in comparison to a conventional system. SUPERVISOR STEC-Perhaps one other question I myself would have is if this is an approved system by the State or where is this as far as the State Department of Health stand as far as these sorts of systems. - MR. SCHREIBI am with Schreib Engineering, which is my company. I am a P.E. registered in the State and other States, too.I also happen to be Deputy Supervisor of my Town so I understand I am on the other side of the fence to sometimes. What it is basically is that all the lakes in the State are getting pressure from older homes being changed over and septic systems, which are failed. Because of the pressure that is on the lake this is nutrients going into the lake you have nutrients problems you have weed growth this is all basically due to failed septic systems. The conventional type septic system relies on the soil microbes in the soil they actually digest the effluent. The problem comes is that if you have a small site or bad soils, which around the lakes you do because you have mostly silt. What happens is you have high ground water you use the standard rules, which are set up, which is the perk test and a deep hole and you will find actually that groundwater surface seasonal high water is actually higher. So what you do even though it may perk right now it going to perk great in the spring it might be a little bit less. What you are faced with is that you are getting untreated effluent it is mixing with the groundwater flowing into the lake. One thing that has happened is that especially is these small lots where you have an impact with the lake with untreated effluent going in there is treat the effluent before you get there. There are a number of what we call basic black boxes out there that treat effluent. All these black boxes of treated effluent system have to meet NSF forty approval that is what the State has mandated if you are NSF forty approved you can use this type of equipment. One of your questions is; is it approved for use in the State, yes. We have a number of installations throughout the State. We have one up in Fort Ann, which is close. We have one in Keene Valley. The biggest project we are involved with is the EPA project in Skaneateles Lake. Skaneateles Lake is the drinking water source for the City of Syracuse. They take the lake water excuse me unfiltered chlorinate it and put it right into their system. We have four systems on Skaneateles Lake as part of the whole project with all systems, too. I actually have a set of results just to show the type of water quality we are getting out of it. If you are familiar or not familiar the way the regulations are set up is that if you have a treatment plant and you have thirty BOD (Biological Oxygen Demand) and thirty TSS (Total Suspended Soils) you can dump this water directly into waters of the State. You can get a SPEEDES Permit that would permit you to have a point REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 947 discharge. If you take a look at the results out of the Skaneateles Project and this is fifteen samples, which are taken quarterly so it about three and a half almost four years now they have been taking samples you will see the top indicates what the effluent coming in is with its BOD level. If you look at the final dispersal, you will see that we are in areas of below five so basically it is cleaned water. With these treatments types systems and this is the same type of system we are proposing in fact this is identical. This is an advantex textile filter system and a shallow low-pressure trench, which is exactly what, has been proposed here these are typically the type of results that we are going to get so we are going to be less than any SPEEDES type requirement. The size is determined basically since we are dealing with close to pure water we have to get rid of water the treatment is done in the box, which is controlled. Part of the advantex system, which is different than other technologies out there that this system is actually connected to the control panel through a phone line and actually is monitored twenty four seven remotely. Advantex is manufactured by Aranko Systems in Oregon distributors in Milton, Vermont so it goes to Oregon, then comes to Vermont, and is monitored twenty- four seven there are a number of different items it does. We can tell how much flow is going through it if there are any problems. We can get service people out to take of it. One of the other things that we do is in each local that we have systems we permit the governing body your CEO that we will actually give him a password and he can get on line and monitor the system. He can tell how much water they are putting through it if there is a problem we get an email that says you got a problem on this system. We can either remotely adjust things or we can be within twenty-four hours on site to actually take care of the system if there is a problem. We have a number of these systems throughout the State that are operating. We have I say ten to twelve in Sullivan County, Orange County, Westchester County, and Oneida County. We are up in Jefferson County on the St. Lawrence Sodus Bay, which is off Lake Ontario we have six units there. We are in the process right now in fact they are going to have groundbreaking next week in Columbia County just south of Albany we have three projects there. In Schodack, East Schodack, the Schodack Landing and the Village of Hillsdale. A twenty five thousand gallon a day system. A thirty five thousand gallon a day system to twenty eight thousand gallon a day system. They are using the same technology of advantex a much bigger unit to treat the effluent for the entire Town. COUNCILMAN BREWER-For the entire Town. MR. SCHREIB-The entire County. The Village of Hillsdale a hundred and fifty EDU’s. That includes the houses, restaurants, supermarkets they are collecting it all with what is called a step system. Everybody got a septic tank and pump force main to the treatment units thirty five thousand gallons a day. That is actually being ground broke next week I have to go down there to the groundbreaking. There is Irish Bay, which is on the south end of Lake George here. We just got approval from DEC and APA for use of the equipment on that project. There are a numbers of DEC projects that we are getting approvals for DOH projects these are mediations. The biggest thing about this equipment that it is a manageable system we know what the output is and we can put clean water out to the ground to be dispersed so you are not loading up the lakes with nutrients and basically contaminates pollutants. If you get weed growth in front of your place if you are on the lake it is because you’re septic system basically is failing. COUNCILMAN BOOR-That was going to be question. One of the criteria we tell people we held people fairly strictly to which their system is failing. If I am understanding you correctly, you are saying that there is…blooms or there is indications that this isn’t operating whatever you have now I don’t know what the system is that is currently there. MR. SCHREIB-Currently there it appears just the subsurface system that is there. This is throughout the lake when you get small lots in width it is a cumulative effect. COUNCILMAN BOOR-One other thing because this is new technology that this board is not familiar with. This obviously is also unusual from the perspective that there are two separate residences that will be on this are there dousing issue. In other words if both residences are using washing machines at the same time and washing dishes and stuff is there an issue with, I see you have a fifteen hundred gallon tank what kind of capacities REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 948 will it handle? Is that going to be adequate for full usage of both houses at the same time? MR. SCHREIB-Yes it is. The way it is setup and the State regulation requires that we have one-day storage of effluent there is one-day storage in there. Also part of that tank is eighty percent design flow, which is approximately four hundred, four hundred and fifty gallons that is used for processing then we also have what is called a surge capacity. As you know with places on the lake the weekends it surges up and then during the week it surges down we allow for surge capacity in there so that can build up. So you got the one day storage, which I think we are at five hundred and fifty gallons a day around four hundred gallons for one day storage that puts it around nine fifty so that leaves us close to sixty hundred gallons per surge, which is a good number to take care of the surge. The processor will process it at the same rate. It will store it in the tank then during the week it will process it and put out to the field so it is going at to the field it is a steady stream. COUNCILMAN SANFORD-How does it process it? I understand what you are saying you are saying you are treating it before it gets to the ground in large part I understand that. I guess my question is how are you treating it…. COUNCILMAN BOOR-Are you putting air into it. MR. SCHREIB-No, this is an aerobic system it doesn’t use air. What I am doing is passing out a brochure what there, is there is actually a pie as I mentioned before with a standard type trench type system. MR. GIFFORD-Open the front page the diagram there is one in the lower right hand corner. COUNCILMAN BOOR-You wouldn’t know that this looks very similar something that Dennis Mac Elroy put on Assembly Point this type of thing here. Are these separate units that there can be a bunch of these? MR. SCHREIB-There can be a bunch of these they are basically pods. COUNCILMAN BOOR-Right. They sit on the ground when they get no good anymore you replace them or no. MR. SCHREIB-No this is something different. As, I mentioned before when you are dealing with a standard in ground trench type system or even a raised bed you are using the soil as a media that’s where the microbes lives. The effluent comes in when you douse it the microbes eat it it goes down into the waters then out into the lake. This type of system it takes and pumps up to the pod the pod is the house that is where the microbes live so you are giving them a small bit of douse. It runs for about twenty seconds every half hour you are feeding the microbes and it is controlled feed. Microbes are such that if you over feed them they will grow if you don’t feed them enough they will starve they will start eating themselves so this is actually a time douse. Based on the research that Aranko has done I can give you any papers that you need they actually time douse and this feeds them. When it feeds it the effluent goes by the microbes they eat what they want it comes out the bottom by gravity goes to a splitter value, which is shown on the left side of the drawing of which two thirds go back into the tank one third goes out to the field. As, I said it runs twenty seconds every half hour it is constantly running but it is not twenty four hours a day it is only thirty seconds that it runs so it keeps dousing, dousing, dousing. COUNCILMAN SANFORD-It sounded like a Rid-X product that’s breaking it down or eating it up it works a lot faster. MR. SCHREIB-Rid-X is actually a bad name in my opinion, but we won’t go there. Basically, what it does it is feeding the microbes the microbes eat your effluent that’s how they clarify it. By running it through and time dousing you, control their growth and how much they are eating. Based on this pod is actually we rate it for the five hundred REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 949 and fifty it is actually six hundred and fifty gallons the pod itself we use up a thousand gallons. COUNCILMAN BREWER-How expensive is this compared to a conventional. MR. SCHREIB-You are looking at probably twice the cost two and a half times the cost than a conventional system. SUPERVISOR STEC-One of the variances you are looking from the design, which is the five hundred fifty foot for a conventional system. As somebody that is intimately familiar with this the designer of this particular system you are certain to say that two hundred and sixty linear feet of this advantex system is at least comparable if not superior to the five hundred and fifty foot of a conventional system. MR. SCHREIB-Once again a conventional system we are using the soil to do the treatment. In this, we are putting treated water out, which is based with water. If you went out and test in Lake George you would probably find BOD levels above zero and probably somewhere between zero and thirty. SUPERVISOR STEC-So the effluent from this system although a smaller linear foot is much cleaner than any conventional system? MR. SCHREIB-That’s correct. So what we have to do is we have to get enough area in order to disperse the liquid. In determining the length of each trench based on the soils out there when you put a liquid into that soil based on the seasonal high, you have a certain thickness of soil you can actually push all those liquids through. Using Darcy’s Law, I have calculations I can give you we determine what the maximum length can be and that’s the length you see for those soils based on that slope that’s how much we can push through all this water to that. That is why we have the length and the number of trenches and having an application rate of two this is a little over, two is no problem to handle it. SUPERVISOR STEC-We will take some public comment I am sure the board will want to ask questions as well. Is there anybody here tonight that would like to comment on this public hearing just raise you hand. MARIO HEPP-Queensbury-I just had a question pertaining to the discussion it is just for my own information. It sounds like a great system as far as I am concerned and the way the environmental picture is today anything could be advantageous to Lake George or any other body of water. The price, I think the gentlemen said almost twice the price of a conventional. Actually he will answer it I don’t want to turn around it sounds like to me like big charcoal filter. I mean, I am just a layman it is like a filtering system am I correct. COUNCILMAN BOOR-It is biological it is not particle. SUPERVISOR STEC-It is not physical. COUNCILMAN BOOR-It is not physical it is biological. MR. HEPP-You are adding an additive you call these…. COUNCILMAN BOOR-Little chompers. SUPERVISOR STEC-Bugs are going to eat it. MR. SCHREIB-Once you start putting your effluent the microbes start generating themselves. MR. HEPP-These microbes that are in this box this house. MR. SCHREIB-It is actually in your effluent. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 950 MR. HEPP-Enough said that’s enough I won’t go into it that’s why you are an engineer and I am not, I guess. Thank you. SUPERVISOR STEC-Is there any other member of the public that would like to ask any question. JAMES MOONEY-346 Cleverdale Road, directly north on Betsy Birchenough. I have known them for fifteen years. Dr. Birchenough and Betsy have both been active on the Lake George Association and Fund for Lake George. Bob has been actively involved on the boards actually he was directly involved with hiring Chris Devinsky so he is very concerned the lake if everybody was as concerned as he was we would not have any problems that’s all I really want to say. I am not concerned about it being a neighbor… SUPERVISOR STEC-That’s a good point. MR. MOONEY-They worry they call me over what is this what is that. I am a contractor they worry what is going into the lake what is that water doing believe me they are very concerned about the lake. MICHAEL MONN-I have a question for the engineer regarding the microbe system. SUPERVISOR STEC-Sir ask the board they will answer your question just address the board. MR. MONN-With the microbe system if you don’t have that constant flow of water every thirty minutes into those pods would the microbes starve and therefore you would have to replace the pods as I think he was saying I don’t quite understand it. SUPERVISOR STEC-You need to feed them enough, but not too much. We will make sure he gets the answer to that question. Thank you sir. BETSY BIRCHENOUGH-I just wanted to say that I did speak with our other neighbors the Tarrant’s today and they do support this. They are the ones that it actually affects it is closer to their property line. SUPERVISOR STEC-It is their property line we are talking about. MRS. BIRCHENOUGH-Right, exactly. SUPERVISOR STEC-That is handy to know. MRS. BIRCHENOUGH-She couldn’t come tonight I just wanted to pass that on. SUPERVISOR STEC-Thank you Betsy. Anyone else this evening about this public hearing. Do the engineers want to come back and maybe answer that question and maybe some of the board’s questions? SUPERVISOR STEC-What happens if they are gone for two weeks we are not sending anything new there as one gentlemen asked what happens with that whole cycle the thirty minutes. MR. SCHREIB-There is a control panel the control panel is actually microprocessor controlled. Part of the processing we actually calibrate the discharge to see how much is being put out to the field. When that decreases we are not putting anything out the microprocessor starts adjusting itself. Instead of going twenty seconds every half hour, we will go to an hour. Then it checks to see if there is still no flow going out then it keeps backing up. It will back off to a point that if they are gone for actually more than two weeks it will actually shut down. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 951 SUPERVISOR STEC-The idea is that you can go on vacation the system is designed to be controlled so that when you come back it senses that you are home it adjusts itself to the feed rate. MR. SCHREIB-Once you come back and start flushing the toilet the discharge pump works and then it comes back to speed. COUNCILMAN BOOR-Obviously you were talking all electronic going to Oregon and Vermont whatever. Assuming there is a long period of time where the resident isn’t there isn’t using comes back and starts using it grant it the system is producing effluent through it, but are you saying this ability to electronically monitor it will tell you it is actually doing what it is suppose to do. What if they are gone for three months microbes die they come back they are running water through it but there are no microbes left in there. MR. SCHREIB-Based on the NSF forty testing just to give you an idea. NSF forty testing is designed when you get the certification they hook up the unit they let it get acclimated for thirty days and then start taking readings because it takes about thirty days for most of the units to come up to speed. Aranko is a little bit different they said we want you to start monitoring from day one. In the first two weeks, this filter acts as a filter it takes out a lot of suspended cells and also cuts the BOD level down. After two weeks, it was up to full production in the thirty days and there is documented proof that basically they will come right back again even if they are dead. COUNCILMAN BOOR-Are there certain chemicals we should not put into the system like ammonias or Clorox, detergents how do microbes handle chemicals. MR. SCHREIB-Basically all the detergents the chemicals within reason cleaning products things that like there are enough through dilution. If you put five gallons of per chlorine down you are going to kill it, it is how you use the system. We outline it to people we actually give them a handbook on what to put down it. One of the biggest killers is latex paint. COUNCILMAN BOOR-I am glad you say that because a lot of people don’t understand that is terrible, terrible, even the fumes are worse than oil base and a lot of people don’t realize that either. That is what I was getting at if somehow they were killed by some kind of chemical thing that the system would tell you hey it is not working. MR. SCHREIB-The way it is set up with the system besides the remote monitoring also they have to have a maintenance agreement with Aranko. They come out once a year pop the tops check everything. What we found with most of these lake applications we are actually coming out twice a year. If the people are leaving, we will come at the beginning of the year and the end of year when they shut down. If they are shutting down, we will sense it and know it from how the system operates. We like to have them give us a call because all of a sudden, if we got no flow do we have a problem so we like to call. We come out basically once a year is mandated they make the swing when the service people come through they usually check them all coming down so they would be checking this probably twice a year. COUNCILMAN BOOR-The closest other unit to this area is where you said Ticonderoga. MR. SCHREIB-Up in Fort Ann, Pilot Knob. There is one up in Keene Valley and soon you are going to have a whole bunch of them down in the Village of Hillsdale and Schodack. COUNCILMAN SANFORD-Just a couple quick questions. I was reading this I don’t know if this or our engineer. SUPERVISOR STEC-Dan Ryan. COUNCILMAN BOOR-Dan Ryan. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 952 COUNCILMAN SANFORD-One of the things that they reference this paper is you should suggest…. COUNCILMAN BOOR-What page? COUNCILMAN SANFORD-The last page cold weather considerations. It makes sense because I believe this system doesn’t go to deep down. MR. SCHREIB-That’s correct. COUNCILMAN SANFORD-So, I guess obviously we are in a cold weather climate…. MR. SCHREIB-That’s correct. COUNCILMAN SANFORD-I don’t know if this is a year round residence or seasonal or what it will be. They also talk about ground shifting and heaving with frosting and things of this nature. I was wondering it seems to me reading this literature that in a warmer climate it would be more suitable than in a colder climate do you have any comments along those lines. MR. SCHREIB-Wastewater Technologies is the distributor and they are out of Milton they have all New England and New York as their territory. They have well over fifteen hundred systems in Vermont that are operating year round. Cold weather consideration they talk about basically is the top. If you take a look it is a big green top it is three and a half by seven feet it has two inches of installations. The microbes working generate their own heat okay so they are taking care of the insulation. Also the trenches they are buried down they are about ten to twelve inches below grade. They are doused all the lines are drained the treated effluent goes through the ground so cold weather is no problem. To be quite honest with you I have a system the same system in my house, I use it throughout, and I am out on Point Peninsula just west of Watertown, they get cold twenty-five below. SUPERVISOR STEC-It gets cold up there. MR. SCHREIB-It still works fine it still operates and I have no problem with it and I have had it for two years now in operation. COUNCILMAN SANFORD-I was just wondering it is a complicated system we have deep frost here and all that. MR. SCHREIB-One thing with the frost frost will only enter the ground if there is no insulated layer on top of the surface. If you have snow, if you have grass it insulates. If you have pavement it is going to….anything that crosses any pavement or anything, we always put things in a sleeve. All the back fill we call for specific back fill we use pea stone, sand for back fill that is in order to prevent the shifting. COUNCILMAN SANFORD-They mention that here. MR. SCHREIB-That is part of what our installation is. I think it is on the drawing we talk about what material uses the back fill. COUNCILMAN BOOR-What is the depth of soil for this system I know it is going to be clean when it comes out I am just curious. MR. SCHREIB-Say again. COUNCILMAN BOOR-The depth of soil. I know it is treated, but by the time it hits dirt it is fairly well treated how far is it to bedrock. MR. GIFFORD-Bedrock we didn’t find any. COUNCILMAN STROUGH-You got three test pits. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 953 COUNCILMAN BOOR-I actually didn’t pay so much attention to the test pit data I was more interested in the technology and the system we never dealt with it. COUNCILMAN BREWER-If you get this system approved your first cycle of reports are you forwarding them to our engineer to let us look at them. MR. SCHREIB-Anytime we do an inspection, site visit we send a copy to the regulating body we always send it, no matter what. COUNCILMAN BREWER-It is just nice to know to see how the system works. In the future is there is anyone else that wants to use the system maybe we suggest the system in a confined area. MR. SCHREIB-As, I said we could also put your regulatory body we can get them online they can actually remote any system that is within the Town they can take a look at. They can’t change any of the settings, but they will know how much flows are going through if there is any events as we call them if there is a problem. You will see all the notes of when the service was done, what was done of the system we do this with all the regulatory bodies we put it in there. SUPERVISOR STEC-Is there any other public comment on this public hearing. MIKE WILD, BLACKBERRY LANE, QUEENSBURY-Just a comment and suggestion. I have heard sometimes the board speaking with other applicants about shut off systems. This is a remotely sensed system I would wonder if there is an event where you would actually require them to shut off the source so if there is a problem it does not really pollute the lake it shuts off any kind of source water coming into the system. SUPERVISOR STEC-We will certainly ask, thank you. You are right we do usually ask that question. Is there any other public comment at this instance? MR. SCHREIB-I didn’t fully understand what….. SUPERVISOR STEC-On a holding tank we would normally have a shut off that would cut the water supply off to the whole tank this isn’t exactly that kind of system is that an applicable question. Where you got a water supply that is coming there is a problem with the system remotely it is sending information that there is a problem or whatever will it basically shut off the water. COUNCILMAN BOOR-It will allow water to back into the house. In other words it is not functioning it is full or it is not working you are still running that water down there. MR. SCHREIB-Is there municipal water out there. MR. GIFFORD-It is from the lake. MR. SCHREIB-Okay, it is from the lake we get this question asked all the time. You have a lake source in order to get that you have to have a pump you have to have electricity in order to get it. If the electricity is off the system you cannot get any water in you will not be able to get any water out. If you run into a case let’s say a pump goes down it is set up such that we are going to get an alarm that a pumps failed there is one day storage in there. One-day storage realistically okay is actually two days storage because it is based on a design flow you actually half of that is with normal usage. There is also a light and an audible alarm that goes off if anything goes down. COUNCILMAN BOOR-But not an automatic shut off to the water. MR. SCHREIB-No. COUNCILMAN BOOR-The only reason I can tell you that over on Hicks Road a year ago we had a situation where a gentlemen was on a conventional tank and leach field. A REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 954 toilet was running and it ran for days it obviously came to the surface and went into his neighbor’s yard if there had been a shut off on that that couldn’t have happened. On holding tanks, which we are very limited in our ability to grant they have to be seasonal or grandfathered in we typically always have a shut off for the water supply if the tank gets to the point where it can’t hold anymore. MR. SCHREIB-I don’t think they would object. Just to give you an example we had a case because we are monitoring this and what we do is set parameters in there. If you are, running five hundred and fifty gallons a day, which I think this one, is where were at approximately so we are going to be looking at two hundred and seventy five gallons realistically going out to the leach field. If a dispersal pump is running more, than the two seventy-five we get a flag and say you have a problem. To give you an example we had a contractor installed a concrete tank and we did not know it they actually the….off to one side it didn’t seal. We were putting two thousand gallons a days through the system we knew that it was going two thousand gallons we put our service people down there and said there is a problem You have two thousand gallons a day going through this system it turned out it was outside infiltration coming in. That’s one reason we use the fiberglass tank they are all pressured tested and hydro tested to make sure they don’t leak. The same thing if you had a leaky toilet and we find this all the time is that with standard houses you have you standard flows we look at that dispersal to see how much is going out. If you got more than should be going out you have a problem you call them up if you got a leaky toilet you have a seal that’s bad we call the homeowner and say, hey you got a problem. COUNCILMAN BOOR-As far as an administrative function with this phone number do you have backup phone numbers for neighbors or something or is that typical. What if, I forget your last name Birchenough what if he is in Florida, you go to call his residence, and he is not there. MR. SCHREIB-We come anyhow, it is all outside. The control panel is outside all the covers are outside we have permission it is part of the agreement that we can go on site. COUNCILMAN BOOR-Okay. For some reason I keep thinking he was living hundred miles away Watertown isn’t, but it seems like it. MR. SCHRIEB-Right. Our Service Center is in Milton, Vermont it is two and a half hours away to give you an example. One of the units done in Skaneateles Lake we got a message saying there was a problem they tried to readjust the flows and things there still was a problem. I went down from Watertown it turned out it was a burned out pump next day we had somebody there to recharge the pump it was up and running again the response time is quick we make sure of that. SUPERVISOR STEC-Other questions from the board. COUNCILMAN STROUGH-Yeah, I got a list. This system is designed for five bedrooms, but what bothers me with this is that it was designed for five bedrooms I am not disputing that it is more or less, but when we design these systems, we are assuming it is one unit this piece of property we have two units. You have two kitchens, two separate units one is an apartment it is less than point two seven acres less than three tenths of an acre and you have two units on it that bothers me. It bothers me for two reasons, one, I don’t think that the system that you are putting forward I am worried that it may not be designed for two separate units something with two kitchens. I, myself, would like to see that the manufacturer is comfortable with this because we have more than five bedrooms we have two separate units, okay. The traditional design assumes one unit, one kitchen etc, so then they come up with a flow unit a hundred and ten gallons per day one-half per person whatever. This is a little bit different situation so I am a little bit uncomfortable with that. MR. SCHREIB-Do you want me to address this? SUPERVISOR STEC-Hold on. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 955 COUNCILMAN STROUGH-The other thing is according to our Code we like to have a fifty percent reserve area I don’t see that anywhere on the plans. COUNCILMAN BOOR-That is for a leach field John. COUNCILMAN STROUGH-It is for a system that fails so that you will be able to replace at least part of the system is what it is for. COUNCILMAN BOOR-This is modular if I understand correctly this isn’t a soil born system. MR. SCHREIB-It does have leach after it comes out. COUNCILMAN STROUGH-The system is designed so if you have a failure you have another portion of your property where you can put a replacement system in or at least part of it that’s why we only ask for fifty percent replacement you have to show something. So, I would feel better if you showed me that if there was a replacement area on the property to meet Town Code. Yeah, and this is a little bit different system I am not saying it is bad because I kind of like some of the new designs this is intriguing, but it is high maintenance. Should the Birchenough’s sell to the new owners I am not so sure that the new owners would be as caring as the Birchenough’s so I am concerned about that. Anything that goes with the property goes with the property with the new owners as caring as the Birchenough’s appear to be. If there is a prolong power outage would that adversely affect this system. MR. SCHREIB-Oh, you want me to answer that. COUNCILMAN STROUGH-You go with that then work backwards. MR. SCHREIB-No it won’t. Once again, power outage you are not going to have any water coming in so you have nothing to put out the microbes are going to sit there and they are going to work naturally. In the tank it will be in the septic tank, it is still anaerobic there will not be any aerobic because it is not getting any effluent up to the microbes. COUNCILMAN STROUGH-Okay. Now how about the design of the system you admit that it was designed for five bedrooms. I am going to assume that additional consideration wasn’t given that we have two units here with two separate kitchens. Are there garbage disposal in either one of these units no because that would add to the burden of the system. Is there a hot tub, okay, but future owners should be altered to the fact that this system is not designed to take garbage disposal nor is it designed to take the added additional burden that even a hot tub would add this is strictly to five bedrooms. I would feel a whole lot better if the Department of Health reviewed this application seeing as its dynamic it’s new and the space on the property is so limited. SUPERVISOR STEC-The fifty percent area, which John mentioned that was the third part of his question is there room to include that or would you consider that. MR. SCHREIB-If we can just go back to the beginning about the… SUPERVISOR STEC-Your partner is trying to get your attention. MR.GIFFORD-I think maybe because there is an existing system there today that is in various states of upheaval that maybe the fifty percent expansion is where we are putting this system. If you think of it that way that, the existing system that was there for twenty- five years now has fifty percent we are using that now. COUNCILMAN STROUGH-Do you show the existing system. COUNCILMAN BOOR-That is not what they are referencing. SUPERVISOR STEC-Is the…removed completely the old leach field system. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 956 MR. GIFFORD-The old leach field what we can find of it is if you look where the I am looking at the site plan in the upper left where the unit is there is some shading underneath that it is kind of thirty foot square between the two buildings. We didn’t dig it all up, but that is what we got from sketches from previous owners and that kind of thing. Also that with these trenches now, which aren’t trenches they are like half shell sections, if you will, they are five foot on center twelve-inch diameter there is room if you had to go in…. COUNCILMAN BOOR-Put them in-between. MR. GIFFORD-Go in and place one in-between. COUNCILMAN BOOR-That is not an expensive part of the system. Couldn’t you just put I will call it a manifold although that’s not it another main line with the laterals off it not have it connected. MR. GIFFORD-As a backup. COUNCILMAN BOOR-Actually technically he is right, but technically, we require a fifty percent backup for leach fields, which is just about impossible on some of these lakes properties. With this system it almost seems like you could just stick those lateral pipes in that aren’t being used connect it to a main don’t hook it up. Then if this fails, you disconnect the one and hook it to the other. COUNCILMAN BREWER-The code doesn’t say you have to do it, it says you have to show the land. COUNCILMAN BOOR-I just think it might be easier to do it sense it is just material you are going to be digging that whole area up anyway. MR. GIFFORD-I have seen where systems have failed before and that is ultimately what they end up doing on this tight lots they do go between the existing trenches. COUNCILMAN BOOR-I am not overly concerned because of the….quality or whatever the final quality of this water this isn’t where the rubber hits the road so to speak you know in these one-inch pipes much before it gets there so. SUPERVISOR STEC-Are there other questions from the board? MR. SCHREIB-Could I just address a couple of these questions. First of all that was what I was told to design it for. Secondly, you are talking about the two kitchens. When we deal with these systems, we deal with applications rates to the textile filter fabric. The pod is designed for a thousand gallons a day. What it is actually designed for is based on organic loading how much organics you can actually put into it. I can supply you with the calculations of what the actual organic loading is permitted verses what you are going to have with the two kitchens it is something we deal with all the time what the proposed …..of the loading is. SUPERVISOR STEC-When you did those calculations the current configuration of the two kitchen units and the associated bedrooms this system was adequate according to your calculations. MR. SCHREIB-That is correct it is running at sixty percent of design that is where it is running right now. We use the same type of system in restaurants, schools; organic loading is what we really care about. COUNCILMAN BOOR-This is my last questions. MR. SCHREIB-Okay. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 957 COUNCILMAN BOOR-On the bottom of the first page. This document is a residential application is only for commercial application obviously there are two residences if there were fifty residences would it still be considered residential when does it become commercial. MR. SCHREIB-It becomes commercial actually, when you start combining the number of residences together. When we get the two residences together they still consider residential when you start putting three together we have done this on the lake. COUNCILMAN BOOR-Three is where it becomes commercial. MR. SCHREIB- Commercial and what that means is there is just another layer of quality assurance this is reviewed by Wastewater Technologies in Vermont to make sure it is in conformance. When you go to the next level commercial it actually goes to Oregon and gets reviewed it is just another layer of QAQC that is put into the product. SUPERVISOR STEC-Any other questions from the board. COUNCILMAN STROUGH-You say these pods have to have the two inches of installations for the colder climates MR. SCHREIB-They do, yes. COUNCILMAN STROUGH-I didn’t see that in the details I might have missed it. I am just saying I wanted to make sure that it was in the details. It sounds by the manufacturer instructions that the two inches of insulations are an optional item. COUNCILMAN BOOR-If you were in Florida, but I hear what you are saying. MR. SCHREIB-There is usually a note, which is on here and we do specify…. COUNCILMAN STROUGH-I will look for it quickly, but I will let you look. COUNCILMAN BOOR-Fiberglass insulators it is right in the center of twenty four-inch diagonal fiberglass insulated lid. COUNCILMAN STROUGH-Two concerns that remain, is it sounds good, sounds great. I would like to see a little more open space than point two seven acres. Since it is new, my comfort level would be a lot better if we had the New York State Board of Health give their stamp of approval on your system. I am a little bit cautious on giving an approval on something that may just be absolutely the best thing this is the first time this system has come before us. COUNCILMAN BOOR-Is this something that is reasonable. MR. SCHREIB-One of the other things that I do is I am an instructor for the on-site training network of Delhi University and we deal with DEC and DOH people. Jim Meacham, Tom….on a daily basis. The one thing that they stress is that Appendix 75 (A) rules, which they get involved in reviewing any system with is for new construction they are very adamant about that it is new construction. You can ask DOH to look at this feel free I have no problem with it. The fact is that they are very reluctant to look at what they call remediations. SUPERVISOR STEC-You have said earlier though that recently it was reviewed and approved by a couple of other… COUNCILMAN BOOR-Skaneateles. SUPERVISOR STEC-It was a State Agency, APA reviewed this where was that location. MR. SCHREIB-It is in Irish Bay that both DEC and APA…. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 958 SUPERVISOR STEC-A couple of State agencies have reviewed this and another application. MR. SCHREIB-DOH in Wayne County looked at. Oneida County, Onondaga County have reviewed this system given approvals for it. COUNCILMAN STROUGH-You would have made me feel a whole lot better if I saw those letters of approval in our little package here. MR. SCHREIB-I can get it for you. SUPERVISOR STEC-Assuming we even approve this we made that a condition of approval that you provide those for the file would you be willing to provide those. MR. SCHREIB-No problem. SUPERVISOR STEC-Again, as Councilman Strough pointed out this is the first time we have seen this particular design. We had started seeing some similar nonstandard new technology, which does not mean it is necessarily a bad thing, but it is new for us and none of us are in the business. MR. SCHREIB-I understand. As I said, the biggest thing is environmentally trying to keep the lakes clean the old rules that are out there …. COUNCILMAN BOOR-Sometimes it makes it difficult to do the right thing. SUPERVISOR STEC-Is there any other public comment on this public hearing. You have a letter you want to read the letter in now Karen, please. DEPUTY CLERK O’BRIEN-Letter from Sarah W. Wheeler & D. Billings Wheeler 83 Mason Road, Cleverdale also 147 Sunset Drive, Rutland, Vermont September 7, 2007 The Birchenough property has requested variances for a septic system that does not meet any of the required setbacks for the Town of Queensbury. This property has been in a renovation/construction phase for a year. The rest of us have to submit plans and receive pertinent permits BEFORE we can even make repairs to our homes. Why is this variance being requested NOW? The above property is overbuilt to begin with and has two residences on it, something that is no longer supposed to be permitted on Cleverdale. If there is not enough, land for adequate septic, then perhaps more land could be reclaimed by removal of one of the premises. The pollution of Lake George is supposed to take precedence over property owner’s selfish desires. If the limitations placed on septic construction are supposed to help keep the water safe and pure for drinking, then how can variances such as requested about be allowed? The fact that other property owners do not have septic systems that meet the specifications is no excuse for allowing additional variances, which deliberately break the town’s laws. We strongly protest the allowance of these extreme variance. Sincerely, Sarah W. Wheeler D. Billings Wheeler SUPERVISOR STEC-Again, is there any member of the public that would like to comment on this public hearing before I close it. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 959 COUNCILMAN STROUGH-Have you designed these for multiple units? MR. GIFFORD-Yes. COUNCILMAN STROUGH-Do you just use the bedroom formula. MR. SCHREIB-That’s correct the bedroom formula. If we have two separate units we use the same thing for apartment houses we use basically the bedroom formula. As, I said as stated that’s a design flow the actual use is half that it takes into account all the organic loadings that are coming in there so yes we do them. COUNCILMAN BOOR-Let me ask you another question. The third variance is a leach field eight feet from a basement garage instead of twenty-foot setbacks there is a basement in the garage. SUPERVISOR STEC-There is. COUNCILMAN BOOR-All right. I was going to suggest moving it for the lady that wrote this letter. If you could get more than five feet from the property, line move it more towards the foundation I was hoping it was a slap that is really a three story you have an apartment above a drive-in garage and then a cellar below the drive-in garage. MR. GIFFORD-Partial with the cellar the cellar is not a complete building. The other reason is we wanted to stay away from the sidewalk. We figured the sidewalk will be shoveled off and then you will get frost problem there potentially you would have frost problem there. COUNCILMAN BOOR-I was just questioning. MR. GIFFORD-So we wanted to stay out under the grass area. COUNCILMAN SANFORD-Where are we going with this? SUPERVISOR STEC-That was my next question, I think we have taken all the comment that we asked for several times. The desire of the board if the board is inclined to move forward with this I can close the public hearing and we can entertain a motion. COUNCILMAN BOOR-I will move it contingent on the letters. SUPERVISOR STEC-I will close this public hearing. PUBLIC HEARING CLOSED COUNCILMAN STROUGH-Should we also have when they submit the final plan show a fifty percent reserve area. COUNCILMAN BOOR-I think we, this we can just dig it up because it is tertiary quality. I don’t care it is open for discussion I don’t have a problem with it because the ground isn’t doing the filtering here. COUNCILMAN STROUGH-All right, all right. I have been in the same situation before where you held my feet to the fire Roger the code says I understand your argument. COUNCILMAN BOOR-Okay. COUNCILMAN STROUGH-This is a new system and possibly replacing it would be a matter of digging it up and putting the pods back in. This is completely new and that is one reason I am a little bit uncomfortable with it. COUNCILMAN BOOR-I can appreciate that. My understanding of this though is that the water that is going into that PVC is pretty darn clean. It is not like with an eljen REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 960 system with the bio-mat can get clog. It is not like you can poor soils below that don’t allow for it to leach. COUNCILMAN STROUGH-If there wasn’t a laundry list of things that could go wrong with this they wouldn’t be hooked up by phone to a maintenance department twenty four seven. COUNCILMAN SANFORD-Right. COUNCILMAN STROUGH-This has a laundry list of things that could go wrong with it as well. COUNCILMAN SANFORD-That’ right the other thing is by definition they can’t fail. If what they are representing, is the case that it is relatively clean water going into it because it is not going to have the agents to cause the clogging and the things that cause it to fail. There probably is some failure rate with these or your representation there has never been one of these that have had a problem that has failed. MR. SCHREIB-To be quite honest we have one in Olien, which is on a Nursing Home twenty thousand gallons a day we have problems with it. The reasons we have problems it is in a Nursing Homes they put the meds down it kills the bacteria we clean it out it comes back again. SUPERVISOR STEC-We have some other business tonight so let us try to expedite this. Let me help Karen and John I think we want to add I think in the last resolved this approval is contingent upon submission of letters of approval from help me list them. MR. SCHREIB-Wayne County, Onondaga County. SUPERVISOR STEC-I am particularly interested in the Irish Bay Road that was reviewed by APA. Mr. SCHREIB-I will try to get that. COUNCILMAN STROUGH-Could we get the Department of Health. SUPERVISOR STEC-I would like you to submit it as well to the Department of Health just to have their review. MR. SCHREIB-The Department of Health will not review it. SUPERVISOR STEC-They will not review it. My other question to try to help with what Councilman Strough mentioned is it possible Doctor to show on the plan a fifty percent that area. We kind of talked about it and said well it is only two hundred and sixty feet as opposed to five hundred, which means presumably there is another two hundred and ninety feet out there that might have been available. Could we show the fifty percent area on a sketch or is it physical not possible? MR. GIFFORD-We could put dash lines in-between the lines that are there and show that this would be the expansion area. SUPERVISOR STEC-That would satisfy me I am not sure it will satisfy John Strough. COUNCILMAN BOOR-Is it physically possible for solids to get into the one-inch pipe. MR. SCHREIB-No. COUNCILMAN BOOR-I didn’t think so. SUPERVISOR STEC-If you could put those two conditions in. DEPUTY CLERK O’BRIEN-Submittal of those letters. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 961 SUPERVISOR STEC-From those counties and APA for the Irish Bay one and submission of a drawing that shows an additional fifty percent reserve area is available. My understanding is you are going to show us something that shows in-between the lines you could replace. That I think it might not be perfect… COUNCILMAN STROUGH-How do we know the future owners you had mentioned you have to be careful you can’t pour paint down the sink a lot of people do. MR. SCHREIB-That is true of any system. COUNCILMAN STROUGH-Yeah, but this system seems to be particularly sensitive. MR. SCHREIB-It is as sensitive as any other system that is out there. COUNCILMAN STROUGH-The new owners of the house are going to get the rundown on this system. MR. SCHREIB-As a condition of your approval you are going to have in there that there must be a maintenance contract in effect at all times. COUNCILMAN BREWER-Let’s not rewrite the resolution three times. SUPERVISOR STEC-I am trying to make it simple Tim. This is it last swipe and then we are moving on assuming that Roger continues to move it and Tim agrees with the second. This resolved at the end submission of the letters, the fifty percent reserve area, and maintenance is required to be on file with the Town. Are you fine with that motion Roger? COUNCILMAN BOOR-I am fine with that. SUPERVISOR STEC-Tim are you fine seconding that. COUNCILMAN BREWER-As long as we vote right now. SUPERVISOR STEC-There is a motion and a second is there any other discussion, hearing none let us go ahead and vote. RESOLUTION APPROVING ROBERT AND ELIZABETH BIRCHENOUGH’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 20, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Robert and Elizabeth Birchenough filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install: 1.a leach field 5’ from a property line instead of the required 10’ setback; 2.the effluent line 3’ from a property line instead of the required 10’ setback; 3.a leach field 8’ from a basement/garage instead of the required 20’ setback; and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 962 4.260 LF of advantex leach field instead of the required 550’ for conventional system as set forth in Chapter 136 Tables 5 & 6; on property located at 340 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on Monday, September 10, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Robert and Elizabeth Birchenough for variances from the Sewage Disposal Ordinance to install: 1.a leach field 5’ from a property line instead of the required 10’ setback; 2.the effluent line 3’ from a property line instead of the required 10’ setback; 3.a leach field 8’ from a basement/garage instead of the required 20’ setback; and 4.260 LF of advantex leach field instead of the required 550’ for conventional system as set forth in Chapter 136 Tables 5 & 6; on property located at 340 Cleverdale Road in the Town of Queensbury and bearing Tax such approval to be contingent upon the submission of: Map No.: 226.12-1-71, 1.letters of approval from Wayne County, Onondaga County and the Irish Bay REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 963 letter that was reviewed by the Adirondack Park Agency; 2.a drawing showing an additional, available fifty-percent (50%) reserve area; and 3.a maintenance contract to be on file with the Town of Queensbury. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 21, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 10 day September, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None 2.0 HEARINGS HEARING – MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS MC DONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL THOMAS MC DONOUGH PRESENT HEARING OPENED NO PUBLIC COMMENT APPROVING RESOLUTION MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 392, 2007 REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 964 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) applied to the Local Board of Health for a § second variance/waiver from 136-44, as the McDonoughs requested an exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District as: connection with the lower Motel units must be constructed in a way to avoid destruction of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail excavation of over 500 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $52,500 to $88,000 - a financial hardship; current sewage disposal systems are in excellent working condition and are used two months per year at best so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office and Gift Shop separate from the Motel are open by appointment and have no regular employees other than the th owner and his daughter; all as more fully set delineated in the McDonough’s June 30, 2007 letter and application presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver th request on September 10, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board would not determines that the temporary granting of the variance/waiver be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 965 is b) the Town Board finds that the granting of the variance/waiver reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, approves RESOLVED, that the Queensbury Town Board hereby Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s application for a variance/waiver from Queensbury Town Code Chapter § grants 136, 136-44 “Connection to sewers required” and hereby the McDonoughs a one- th year extension of time or until September 10, 2008 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9- provided that if there is any 1-9) to the Town of Queensbury’s Route 9 Sewer District, change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the McDonoughs shall pay all charges due as if their properties were connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None HEARING – JEFFREY SCHWARTZ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE LA MIRAGE HAIR DESIGN PROPERTY LOCATED AT 980 STATE ROUTE 9 HEARING OPENED NO PUBLIC COMMENT APPROVING RESOLUTION JEFFREY SCHWARTZ’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 966 SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 980 STATE ROUTE 9 RESOLUTION NO.: 393, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Jeffrey Schwartz applied to the Town Board for a variance/waiver § from Town Code 136-44 for a second extension of the Town’s connection requirements to connect his property located at 980 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states the cost of connection to be $2,000 and the property’s current septic system is working properly, as more fully set forth in the Applicant’s August th 13, 2007 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on th September 10, 2007, NOW, THEREFORE, BE IT RESOLVED, that c) due to the nature of the variance/waiver request, the Queensbury Town Board would not determines that the temporary granting of the variance/waiver be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and is d) the Town Board finds that the granting of the variance/waiver reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, approves RESOLVED, that the Town Board hereby Jeffrey Schwartz’ application § for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 967 th grants sewers required” and a one year extension of time or until September 10, 2007 in which to connect his property located at 980 State Route 9, Queensbury (Tax Map No.: provided that if there 296.13-1-67) to the Town of Queensbury’s Route 9 Sewer District, is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver,and BE IT FURTHER, RESOLVED, that Mr. Schwartz shall pay all charges due as if his property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None 3.0 PRESENTATION SUPERVISOR STEC-We would like to briefly recognize a long tenure volunteer worker with the Queensbury Girls Hoopers Basketball Program Mr. Bruce Healy who after about fifteen years of doing so with the Town has decided to hang up his sneakers at least when it comes to Girls Spartan Hoopers Basketball Program. The Recreation Department and Commission felt strongly about making sure that his efforts over these past fifteen years were acknowledge by the Town and the Board. Presented Mr. Healy with a Plague from the Town Board. MR. LOVERING-Presented Mr. Healy with a Plague from the Recreation Commission. MR. HEALY-Thanked Board Members, Recreation Commission, and Recreation Department, parents, volunteers, coaching staff. 4.0 CORRESPONDENCE – Letter received from John Salvador, Jr. dated September 10, 2007 regarding Crandall Public Library District 2008 Preliminary Budget (on file Town Clerks Office) 5.0 INTRODUCTION OF RESOLUTION FROM THE FLOOR - NONE 6.0PRIVILEGE OF THE FLOOR KEVIN QUINN, 1652 STATE ROUTE 9, LAKE GEORGE-Spoke to the board regarding his situation with being brought to court with the Town of Queensbury’s Building Department and Dave Hatin. Asked why they are spending so much time and energy taking someone to court. Spoke to the board regarding the water issue by the REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 968 Town Landfill noted there is no water there, has properties in that area. There needs to be some kind of water whether dry hydrants or something of that sort. Thinks the Town of Queensbury could spend their money better in the sense of protecting the people. Asked the board to look at Mr. Hatin’s position. BETTY MONAHAN-Sunnyside, Queensbury. Spoke to the board regarding the North Queensbury Fire District noting the fire district is a small part of Ward One. We have the Million Dollar Half Mile, Glen Lake that have high assessments, Courthouse Estates and many others. Asked if anyone has done an evaluation a cost analysis what will happen to the fire taxes in the rest of the Town of Queensbury if the district goes forward. I think the rest of us not in Ward One, but all the residents and the commercials areas in Queensbury outside of the North Queensbury Fire District needs to know what the impact will be on them if this goes forward. SUPERVISOR STEC-Yes, a cost analysis of one sort has been done. I do recall if the entering assumption was you know what the assessment are and know what the current budgets are they didn’t change appreciably because of any district talk you are talking about a dime increase to the rest of the Town. This is not currently on the table you are asking a question as though we are about to take action on this this has been a dead issue for a couple months the number is about two hundred thousand. COUNCILMAN SANFORD-Spoke regarding the representations of what was formally discussed of the proposed district. COUNCILMAN STROUGH-Spoke regarding the landfill fire noted the volunteer fire departments deserve a pat on the back goes to show that we are one community. COUNCILMAN BOOR-There is other factors involved. Spoke regarding North Queensbury debt that it goes away in 2008. MRS. MONAHAN-Recommended the board to do a Resolution of Appreciation to all the fire departments including the ones outside of Queensbury they did a fantastic job at the fire at the transfer station. SUPERVISOR STEC-Thinks it is a great idea will do that at our next meeting. PAUL NAYLOR-15 DIVISION ROAD-Recommended the board buying a dump grinder so they do not have any more fires. JOAN BOVEE, LAKEVIEW DRIVE AND JOHN KARHINEN, DIXON ROAD-Spoke to the board proposing the idea of setting up a dog park in Queensbury noting they have laid out an area down at Big Boom Road that would be suitable for a dog park noting Clifton Park has a dog park. There would licensing or a permit for the dog park it would be a source of revenue for the Town. MS. BOVEE-Proposed this a couple of years ago proposing this given to the Recreation Department. SUPERVISOR STEC-I know they have done some looking at it not sure exactly where they stand with it if we can get names and addresses I will talk to Steve Lovering the next day or so. MS.BOVEE-Spoke with him on Friday was told it is not a priority with them, but it is a priority with a lot people because there are a lot of dog owners in Queensbury. They do not need to be monitored they need to be fenced the Clifton Park proposal is self explanatory and self contained. COUNCILMAN BREWER-How big of an area do you need. MS. BOVEE-A couple of acres at the most maybe one acre. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 969 COUNCILMAN STROUGH-Most parks are in urban situations where people just do not have the outdoor choices that we do in Queensbury asked if this would really work. MR. KARHINEN-Yes. There are more choices here, but there are a lot of locations in Queensbury where a person is not going to walk their dog on the road there is no sidewalk, no place to comfortable take the dog. COUNCILMAN BREWER-Hudson Pointe there is a hundred acres. COUNCILMAN STROUGH-Hovey’s Pond. MS. BOVEE-You cannot let your dog run. MIKE WILD, BLACKBERRY LANE-Asked if the board could explain the developing of a fix rate contract with the legal firm and is it really a good deal for us. It appears to me and others we have started an awful lot of legal actions that need to be funded. If the legal firms are losing money this year, they won’t next year. COUNCILMAN SANFORD-Spoke regarding the legal fees explained the process of how they got to where they are. MR. WILD-Questioned if there is any risk of quality of service being diminished. COUNCILMAN BOOR-May be correct does not know if we met that threshold yet. COUNCILMAN SANFORD-Have not met the threshold yet, but are knocking on it. The perception has been that will not be the case talk to us in three months I will let you know. MR. WILD-What you are saying you really have not guaranteed the savings this year. COUNCILMAN BOOR-We guaranteed the monetary savings. COUNCILMAN SANFORD-Receives every month from the accounting department bills that the law firm presents to the Town. Based on that trend the end of this month or October that two hundred thousand dollar on a bill for service basis will be met. Theoretically you will have a couple of months where they will not be compensated on an hourly basis because they will have hit up the two hundred thousand dollar cap. It hasn’t yet happen but we are just about there. MR. WILD-Asked if they have increased the number of cases this year as opposed to years in the past. SUPERVISOR STEC-No, a lot of it has to do with assessment cases and the fact that we went eleven years between revals. The bulk of the work is lingering assessment cases that are working their way through right now. MR. WILD-Assumes that the board feels this is a good deal for the Town both for this year as well as for long term. SUPERVISOR STEC-With what’s been said I agree that financially we know that with this firm, there are a few exceptions to that with this firm the way we used to do the bills we are probably on pace for a little below a typical year maybe a two sixty thousand year range, but are capped at two hundred. Financially there is no doubt in my mind we are looking at fifty to sixty thousand dollars we are going to spend less in checks to a law firm this year. The question I don’t have an answer for that either we will know at the end of the year. I understand your question are we going to suffer the quality of service…. COUNCILMAN BOOR-No, we are not going to because we won’t use a law firm that will charge us three hundred and fifty thousand. MR. WILD-Any firm will know what the Town has done. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 970 COUNCILMAN BOOR-That is why we won’t pay three hundred and fifty thousand. MR. WILD-This firm is going to be losing money this firm will be looking to recover some of that in future years. COUNCILMAN BOOR-It was an A typical amount of work that they did it was not a typical year there won’t be moving forward the Article 78’s are covered by Salerno Insurance. Thinks maybe looking at numbers and assuming them to be typical thinks it was a very A typical year as far as Article 7’s. COUNCILMAN SANFORD-Any law firm that does business with the Town of Queensbury has to do an assessment as to how badly they want this account or how much this account means to their practice. MR. WILD-Councilman Sanford mentioned the trend numbers were around two hundred and sixty two hundred eight thousand dollars a year. If you are running at the same level this is not an A typical year. SUPERVISOR STEC-It is a little lighter than the previous years. If the trend is, a little lighter as Roger and Richard both said it has to do with the Article 7’s. MR. WILD-Asked if they are prepared to manage this firm to make sure we are getting the level of service that we expect. SUPERVISOR STEC-It is my job the board’s job to manage that. MR. WILD-This is what we expect the board to do is to manage the process of how our money is being used. Just questioning and trying to understand to make sure that we aren’t going to get this uptake next year or following years because we were frivolous in terms of the amount of lawsuits we granted this year. COUNCILMAN BOOR-We are conservative by and large we understand that the public doesn’t like us wasting money. We understand that the public likes a large sales tax rebate we understand those things we are very conscientious of it. We try to be as tight as we can and still get quality. PLINEY TUCKER 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding Terri L. Ross the Assessor asked who she is. SUPERVISOR STEC-Is Deputy Real Property Tax person at Warren County has been there for about fifteen years. MR. TUCKER-Spoke to the board regarding the Connector Road the Emergency Building right across from it they dug a deep hole looks like it is for a retention pond. SUPERVISOR STEC-That is storm water retention. MR. TUCKER-Asked if that will get a fence around it. SUPERVISOR STEC-Will check into it should be secure most of them are. COUNCILMAN BREWER-Not necessarily. MR. TUCKER-This one should have one. Asked Supervisor Stec to ask regarding guardrails because it is close to the road. Spoke to the board regarding the zoning for Technical Park is it still under control of the Town of Queensbury. SUPERVISOR STEC-Nothing has change from when we signed this years ago. MR. TUCKER-You have the control. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 971 SUPERVISOR STEC-Yes it is right in the contract. MR. TUCKER-Spoke to board regarding article in paper. SUPERVISOR STEC-Explained the process regarding the Veterans Field Annexation. MR. TUCKER-Asked if they received the money regarding the deal on the road? SUPERVISOR STEC-It was invoiced a couple days after we signed the contract with Kubricky the Mayor acknowledge receiving this they are working on it. We sent the invoice it is due anytime. MR. TUCKER-Asked when they are going to blacktop. SUPERVISOR STEC-They want to blacktop next week. GEORGE RYAN, QUEENSBURY-Spoke to the board regarding his concern that he did not get a fair shake with the process he had to go through for him trying to get a site plan review. Asked if they could make some Town policy to make this process a little easier. COUNCILMAN BREWER-Asked why this should have to go to site plan. COUNCILMAN STROUGH-When they did the propose zoning this was taken care of, but it has not been adopted. COUNCILMAN BOOR-Some of us tried to get this done before the election noting it was a real concern that a lot of the legislation and a lot of the improvement to the zoning might get tossed. COUNCILMAN BREWER-Agrees there should be a way to do that without going through all of that. PETER BROTHERS-Spoke to the board regarding insurance and legal fees all of us would like to see competitive bidding. Any savings realized in the open competetive bidding hopes they don’t use those savings carelessly such as spending, which seems to be endless for more ball fields. Spoke to the board regarding the County sales tax moving it from seven to eight percent. Has been on record before being in opposition to this the reason is it is sort of like the bed tax this was brought on because the county leadership right now does not want to control spending requested that the Town Board adopt a resolution this evening opposing any increase in the sales tax for the county. SUPERVISOR STEC-This was a typographical error in the Post Star this Town Board did not say that the rebate was in jeopardy because of county spending it is in jeopardy if we cannot control town spending, which we do a pretty good job. COUNCILMAN SANFORD-When we leave money at the county what we are doing to the extent that we leave that sales tax money there is we are reducing the town’s obligation to the county. The county spending is going to affect your ultimate tax bill, but Dan is accurate independent of that. Any money that we leave there will benefit the taxpayers and that is why we have to reduce our spending if we spend less here it means we can leave more money at the county. COUNCILMAN BOOR-Understands the confusion noting it amazes him that people still thinks there is a Town tax in Queensbury believes the reason they believe this is that they pay their county tax the town building. MR. BROTHERS-Spoke to the board regarding the Crandall Library asked the board to put in the resolution to be open and accountable so residents have the full picture of what they are voting on. COUNCILMAN SANFORD-They have requested the Town Clerk to forward their proposal to the county. It is not coming in front of this board for a resolution as it stands REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 972 now. They are exercising their option to go direct to the county and not asking or requesting this board to approve their proposition to answer your question we are out of it. Whether or not it will present any legal implications for how they are proceedings, which is a deviation from past practices is really up for them to work out with the county. 7.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Saturday and Sunday, September 15 and 16 there will be rally on Bay Road for the Soap Box Derby. ? Thanked all the fire companies that took part in the four-day fire we had at the landfill. It was a large effort thanked all the people that were there that participated and is thankful that we have them. ? Reminded people to vote next Tuesday COUNCILMAN STROUGH ? Reminded board members about the Cable TV Franchise Contract negotiations ? Development of CEA zoning – worked out a draft for the CEA critical environmental area zone sent out last recent draft asking if we are ready to talk about this overwhelming response was yes from Planning Board, Zoning Board, Fund for Lake George, Lake George Association even members of this board are ready. To email Supervisor Stec regarding setting up a meeting ? Thanked the Town Board and the members who volunteered for the Beautification Committee appreciates the volunteerism and their time first meeting is tomorrow night ? House of Representative passed a bill offering a tax break for people that bicycle to work the benefit would be twenty dollars a month for employees who bike to work ? Campaign contributions noting he does not take any campaign contributions noting there have been some interesting articles in the Post Star. COUNCILMAN SANFORD ? Spoke to the board regarding the Groundwater and Drainage Study for the Garrison and North Road and Bay Road area of Queensbury prepared by Dan Ryan. He does give some recommendation, which he would like the Town Board to read and distribute to the Community Development Department as well as the board. ? Spoke with Town Attorney on the SEQRA on Meadowbrook. Dan Ryan is going to be doing another position paper on that urging him to hurry. Before we can proceed as discussed at the last Regular Meeting, we need to have his representations of the issues in order to form the basis for our decision. ? Fire Companies did a great job very impressed real cooperative effort shows how everyone can pull together and really handle something in an exceptional manner. ? Republican Primary in on the eightieth anyone who is eligible to vote encourage them to do so. COUNCILMAN BOOR ? Spoke to the board regarding the budget process asked the board to consider with some of the bed tax is about fifteen hundred dollars going to the library in North REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 973 Queensbury encourage the board to give them consideration and also Pals for Sunnyside. ? Spoke regarding the landfill fire they did a heck of a job coordinating the number of apparatuses hats off to them. ? Spoke regarding the North Queensbury Fire District he is not supporting the concept at this time noted when he takes his oath it is to protect the citizens of the Town his responsibility goes beyond the voters would be more than happy to meet with all the fire departments to come up with perhaps a better system. Thinks they should look at this in a comprehensive manner if we are going to move it at their direction other than fire protection district. ? Hopes that everyone votes in the primary noting it is an important one. SUPERVISOR STEC ? Thanked Glens Falls National Bank and TV8 for sponsoring the televising of our Town Board Meetings. ? Spoke regarding privilege of the floor noted it is good policy and good politics to let the public participate and speak directly to the board. However, the Town or any Town is not required to take public comment at the meetings we are required to take it at public hearings. The privilege of the floor is not required by law, but is something that is good practice, good policy and good politics. ? Reminded people about the Townof Queensbury website www.queensbury.net ? In addition to the Fire Companies, thanked the County DPW and especially wanted to thank the Town Highway Department regarding the landfill fire noted he witnessed at the site 21 companies fighting the fire how the fire chiefs worked so well together will do a resolution and letter on behalf of the Town. ? Spoke to the board regarding the fire companies being reimbursed for the foam chemicals noting Chip Mellon, Fire Chief Bay Ridge will be sending a letter asking help to recoup some of the expense noting he does not have a problem with this it was Town property that was on fire. We have a call into the insurance company to see if some of this might be covered under our insurance. Point is to recognize the fire companies for doing what they did it was Town property that was burning they did a great job. ? Spoke regarding the Attorney looking at the Cable TV Contract. ? Spoke regarding having a Special Workshop later in September have to pick up the zoning code discussion. ? The Tentative Budget will be complete. Last year it took, two workshop nights to go through and finalize this with department heads would like to do this later September early October to set a public hearing for early November.Personnel interviews that we put on hold for some of the downstairs positions we need to complete this. 8.0RESOLUTIONS RESOLUTION SETTING HEARING ON BASKET BARN OF LAKE GEORGE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1457 STATE ROUTE 9 RESOLUTION NO.: 394, 2007 REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 974 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Basket Barn of Lake George has applied to the Town Board for a § second variance/waiver from Town Code 136-44 for a second extension of the Town’s connection requirements to connect its property located at 1457 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that the building is not in use and will be on the market to sell, and the property’s current septic system is functioning properly, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th September 24, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Basket Barn of Lake George’s sewer connection variance/waiver application concerning its property located at 1457 State Route 9, Queensbury (Tax Map No.: 288.-1-57), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2008 RESOLUTION NO. 395, 2007 INTRODUCED BY: Mr. Richard Sanford REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 975 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2008 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 24, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2008 Central Queensbury Quaker Road Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2008 RESOLUTION NO. 396, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sewer District Benefit Tax Roll for 2008 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 24, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 976 Road, Queensbury to hear all interested parties and citizens concerning the proposed 2008 Route 9 Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 10 day of September, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2008 RESOLUTION NO. 397, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2008 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, September 24, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2008 South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 10 day of September, 2007, by the following vote: REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 977 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING GIS ADMINISTRATOR TO ATTEND NORTHEAST ARC GIS CONFERENCE RESOLUTION NO.: 398, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s GIS Administrator has requested Town Board authorization to attend the Northeast ARC GIS Conference in Burlington, Vermont thth from November 5 – 7, 2007 at an estimated cost of $623.50, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Community Development Department’s 2007 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the GIS Administrator to attend the Northeast ARC GIS Conference in Burlington, Vermont from thth November 5 – 7, 2007, and BE IT FURTHER, RESOLVED, that estimated expenses in an amount not to exceed $623.50 incurred by the GIS Administrator at the conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that such conference expenses shall be paid for from Account No.: 001-1680-4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conferences are proper Town charges. REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 978 th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE #5586IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 399, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #5586has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is four thousand eight hundred dollars and no cents ($4,800.00), and WHEREAS, Shelter Planning & Development, Inc. (Shelter Planning) has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 979 RESOLVED, that the Town of Queensbury approves a CDBG Grant for Case File #5586 in the amount not to exceed four thousand eight hundred dollars and no cents ($4,800.00) and authorizes and directs the Town Supervisor to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that compensation to be provided by the Town of Queensbury to Shelter Planning regarding this application will be negotiated by the Town and Shelter Planning at a later date. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN SANFORD-We discussed the administrative overhead for these programs at our last workshop. We paid two thousand dollars per case the argument was made that on small ones such as this that becomes a ridiculously high percentage of administrative load. I brought this up to Stu Baker today who spoke to Shelter Planning they wish to discuss this with us at a workshop. Spoke with other board members before this meeting including Tim he suggested that we do not hold this up we approve moving forward with it. SUPERVISOR STEC-If you want to add a final resolved. Resolved, that the Shelter Planning Compensation for this application is understood that it will negotiated with Shelter Planning at a later date. COUNCILMAN SANFORD-That’s what I would like. SUPERVISOR STEC-The next workshop on the seventeenth we will discuss this. Is this fine with both of you Richard and Tim? COUNCILMAN SANFORD-Yes. COUNCILMAN BREWER-Yes. SUPERVISOR STEC-Let’s goes ahead and vote. RESOLUTION APPROVING GRANT AWARDS AND A DEFERRED LOAN FOR CASE #5516IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 400, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 980 SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, the Town of Queensbury has also established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners’ cost of rehabilitation, and WHEREAS, a single family property Case File #5516has been determined to be eligible for rehabilitation grant assistance and a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is nineteen thousand four hundred fifty dollars and no cents ($19,450.00), and WHEREAS, Case File #5516 has previously been approved for a grant in the amount of four thousand six hundred dollars and no cents ($4,600.00) for installation of a new septic system for a total project cost of twenty four thousand fifty dollars and no cents ($24,050.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants and loan, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 981 RESOLVED, that the Town of Queensbury approves a CDBG Grant in the amount not to exceed nineteen thousand four hundred fifty dollars and no cents ($19,450.00) for Case File #5516, and BE IT FURTHER, RESOLVED, that the Town Board further approves a Rehabilitation Loan for Case File #5516 in an amount not to exceed four thousand fifty dollars and eighty cents ($4,050.80), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute Grant Award and Loan Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE COUNCILMAN STROUGH-Noted that the bid amount is wrong on the second page that this is a standard boiler plate resolution just change it in the resolution it is 19, 4000 we are approving for the grant. SUPERVISOR STEC-Is everyone fine with that? Any other discussion or corrections vote taken. RESOLUTION APPROVING GRANT AWARDS AND A DEFERRED LOAN FOR CASE #5518IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 401, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 982 WHEREAS, the Town has received grant funds from the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, the Town of Queensbury has also established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners’ cost of rehabilitation, and WHEREAS, a single family property Case File #5518has been determined to be eligible for rehabilitation grant assistance and a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty four thousand eight hundred dollars and no cents ($24,800.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants and loan, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a CDBG Grant in the amount not to exceed twenty thousand dollars and no cents ($20,000.00) for Case File #5518, and BE IT FURTHER, RESOLVED, that the Town Board further approves a Rehabilitation Loan for Case File #5518 in an amount not to exceed four thousand eight hundred dollars and no cents ($4,800.00), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 983 RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute Grant Award and Loan Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF THE HARTFORD LIFE INSURANCE COMPANY AND IBT TO CONTINUE AS ADMINISTRATOR FOR THE TOWN OF QUEENSBURY’S DEFERRED COMPENSATION PLAN RESOLUTION NO.: 402, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough , WHEREASon January 28, 2002, the Queensbury Town Board selected The Hartford Life Insurance Company and IBT as the Town of Queensbury’s Deferred Compensation Plan Administrators pursuant to §9003.2 of the Rules and Regulations of the New York State Deferred Compensation Board, and WHEREAS, in accordance with §9003.5(b) of the Rules and Regulations of the New York State Deferred Compensation Board, the Town of Queensbury may extend, in writing, by a vote duly taken, any contract or agreement entered into an administrative services agency for a period having a duration of one (1) year TWICE, upon the expiration of the initial term of such contract or agreement, and th WHEREAS, on Nov. 6, 2006, by Resolution No.: 528,2006, the Town Board elected to exercise the first of two extensions available upon expiration of the initial term of such contract between the Town and The Hartford, and th WHEREAS, on August 27, 2007, the Town’s Deferred Compensation Plan Committee met and made a recommendation that the Town Board exercise the second of two extensions available for a one year extension, and then, in early 2008, move forward with preparation of a Request for Proposals for the selection of an administrative services agency of the Town’s Deferred Compensation Plan, and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 984 WHEREAS, the Town Board finds it to be in the best interest of the Plan to extend the agreement with The Hartford Life Insurance Company and IBT for an additional period of one (1) year from the date of expiration of the first extension in order to preserve stability of the Plan’s administration, recordkeeping and account maintenance, while the Town of Queensbury begins the process of a Request for Proposals for prudent evaluation of competitive proposals in accordance with §9003.3 of the Rules and Regulations of the New York State Deferred Compensation Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby extends for a period of one year from its expiration date, with the administrator’s consent, the selection and agreement with The Hartford Life Insurance Company and IBT to act as the Town of Queensbury Deferred Compensation Plan Administrators, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Chairperson of the Town of Queensbury Deferred Compensation Committee to make, execute, and deliver all documents necessary to effectuate the contents of this Resolution. th Duly adopted this 10day of September, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING TOWN OF QUEENSBURY’S INCLUSION IN WARREN COUNTY DEPARTMENT OF PUBLIC WORKS’ BIDDING PROCESS FOR 2007/2008 UNLEADED FUEL AND HEATING FUEL RESOLUTION NO.:403, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 317,2006, the Queensbury Town Board authorized the Town of Queensbury to be included in the Warren County Department of Public Works’ advertisement for bids for 2006/2007 unleaded fuel and heating fuel, and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 985 WHEREAS, the Town’s Purchasing Agent has advised that the Town has the opportunity to again be part of Warren County’s bid process for the 2007/2008 term and has recommended that the Town be part of such process, and WHEREAS, the Town Board concurs with the Purchasing Agent’s recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury to be included in the Warren County Department of Public Works’ advertisement for bids for 2007/2008 unleaded fuel and heating fuel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to notify and forward a certified copy of this Resolution to the Warren County Department of Public Works so that the Town of Queensbury may be included on such bids and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF SCARIFIER FOR USE BY PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 404, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Parks and Recreation Department has money in its 2007 operating budget for the replacement of a 31 year old Smithco field scarifier, and REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 986 WHEREAS, the Town’s Recreation Commission and Parks and Recreation Director have advised the Town Board that they wish to purchase a scarifier for use by the Parks and Recreation Department, and WHEREAS, the Recreation Commission and Parks and Recreation Director received two (2) quotes for replacing the scarifier and the lowest received quote is in the amount of $6,500, and WHEREAS, the Recreation Commission and Parks and Recreation Director have requested Town Board approval for such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town’s Recreation Commission and Parks and Recreation Director’s purchase of a pre-owned scarifier from S.V. Moffet Co., Inc., for an amount not to exceed $6,500, to be paid for from Account No.: 001-7110-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 405, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Fiscal Manager and/or Accountant, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 987 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: From To Code Appropriation Code Appropriation $ General Fund 001-1220-4130 Supervisor Counsel Retainer 001-1430-4130 Personnel Counsel Retainer 5,000.00 001-1910-4200 Unallocated Insurance 001-1670-4030 Central Mailing Postage 7,500.00 001-1220-4130 Supervisor Counsel Retainer 001-3510-4130 Animal Control Counsel Ret 1,000.00 001-1220-4130 Supervisor Counsel Retainer 001-3620-4130 Bldg&Codes Counsel Ret 1,000.00 001-7020-1010 Recreation Wages 001-7020-4130 Recreation Counsel Ret 1,200.00 001-7110-2080 Parks Pool Equipment 001-7110-1020 Parks Overtime Wages 1,000.00 001-7110-2080 Parks Pool Equipment 001-7110-4110 Veh. Repair 1,000.00 001-7110-2070 Park Equipment 001-7110-4823 Parks Facility Repairs 750.00 001-7110-4991 Parks Lease/Rental 001-7110-4824 Recreation Programs 1,000.00 001-7020-1010 Recreation Wages 001-7020-4120 Recreation Printing 4,000.00 001-7020-4090 Recreation Training 001-7020-2010 Recreation Office Equipment 1,000.00 001-7020-1010 Recreation Wages 001-7110-4826 Recreation Programs 3,000.00 Waste Water 035-8130-4425 Sewage Treatment & Disposal 035-8120-4400 Misc. Contractual 275.00 th Duly adopted this 10 day of September, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF SEPTEMBER 10, 2007 RESOLUTION NO.: 406, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of September 6, 2007 and a payment date of th September 11, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of September 6, 2007 and payment date of September 11, 2007 totaling $949,272.08, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 988 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON NEW COST ESTIMATES IN CONNECTION WITH THE MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO. 407, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board met with representatives of Barton & Loguidice, P.C. (B&L) and R.K. Hite & Co., Inc. (Hite) at a Town Board Workshop on th August 13, 2007 to discuss continuance of services by B&L and Hite relating to the Town’s Main Street Infrastructure and Redevelopment Plan (Project), and WHEREAS, B&L has offered to provide needed additional engineering services related to such Project for an amount not to exceed $74,000.00 as delineated in a copy of th B&L’s letter to the Town Supervisor dated September 5, 2007 and presented at this meeting, and WHEREAS, B&L has estimated the costs to have utilities installed underground at $2,228,367 (plus $920,300 for easement acquisition by Hite as referenced below), some or all of which the Town may not be able to obtain reimbursement for, plus $1,665,000 for water and sewer, and WHEREAS, Hite has offered to provide additional utility right of way acquisition services related to such Project for an amount not to exceed $292,100, with an estimated cost for compensation to property owners of $628,200, as set forth in Hite’s revised proposal of July 19, 2007 presented at this meeting, and WHEREAS, the Town Board wishes to set a public hearing to obtain public comment concerning the foregoing proposals and estimates and the Project in general, REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 989 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th September 24, 2007, in order for B&L to give a presentation concerning the Project and the foregoing proposals and estimates, to hear all interested persons, and to consider proposed resolutions to proceed with the Project and to enter into contracts with B&L and Hite based on the above-described Proposals, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by law. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION ACCEPTING NAME OF PROPOSED ROAD (CURRENTLY REFERRED TO AS “CONNECTOR ROAD”) AS “MEDIA DRIVE” RESOLUTION NO.: 408, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury is currently building a new road (presently referred to as the “Connector Road”) located east of I-87 running between Main Street and Luzerne Road and wishes to establish a name for such Road, and WHEREAS, Tribune Media Inc. is developing a major professional office project on such Road and in early site selection discussions was offered an opportunity to suggest a proposed name for the Road for the Town’s consideration, and WHEREAS, Tribune Media Inc. has suggested that the Town name the Road “Media Drive,” and WHEREAS, the Town Highway Superintendent has advised that the name of “Media Drive” is not currently in use and therefore he has no objection to such name, REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 990 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the name of “Media Drive,” and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Media Drive,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 10 day of September, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT AT INTERSECTION OF WESTERN RESERVE AND WEST MOUNTAIN ROAD RESOLUTION NO.: 409, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr John Strough WHEREAS, the Queensbury Town Board wishes to arrange for placement of a street light at the intersection of Western Reserve and West Mountain Road in the Town of Queensbury, and WHEREAS, such light would be located outside the boundaries of any Town of Queensbury Lighting District, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 991 RESOLVED, that the Queensbury Town Board hereby approves installation of a high pressure sodium lamp at the corner of Western Reserve and West Mountain Road in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for such lighting shall be paid for from the appropriate General Fund Account as will be determined by the Town Fiscal Manager as such street light is not located within a Town of Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid Power Corporation and the Town Supervisor and/or Town Fiscal Manager to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION APPOINTING TERI L. ROSS AS TOWN ASSESSOR RESOLUTION NO. 410, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Assessor recently submitted her resignation, and WHEREAS, the New York State Real Property Tax Law §310 provides that the Town of Queensbury shall appoint an Assessor who shall serve a term of six years, and WHEREAS, the Queensbury Town Board posted availability for the vacant position, reviewed resumes, interviewed interested candidates and wishes to make an appointment to the position, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 992 RESOLVED, that the Queensbury Town Board hereby appoints Teri L. Ross as the Town Assessor an overtime exempt and Grade 9M position within the Town of th Queensbury’s Non-Union Position Grade Schedule, effective on or about October 15, 2007, subject to successful completion of a six (6) month probation period, a pre- employment physical as required by Town Policy and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that in accordance with New York State Real Property Tax Law §310, th such appointment shall be for a six (6) year term, such term to expire September 30, 2013, and BE IT FURTHER, RESOLVED, that Ms. Ross shall be paid an annual salary of $56,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Fiscal Manager to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 10 day of September, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:None DISCUSSION HELD COUNCILMAN BOOR-Spoke regarding the Macchio/Stranahan Lawsuit noting a request was made by the Stranahan Industries Attorney to present to the board their case much the same as Mr. Macchio presented encouraged the board in fairness to the Stanahan Industries that opportunity requested that this be at a televised meeting. For the record we are not here to hide anything, let the public see. 9.0ACTIONS OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR - NONE 10.0 EXECUTIVE SESSION - NONE RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 411, 2007 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-10-2007 MTG# 39 993 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 10 day of September, 2007, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury