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2011-10-17 MTG#28 REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 884 REGULAR TOWN BOARD MEETING MTG# 28 TH OCTOBER 17, 2011 RES. 311-322 7:05 P.M. B.H. 32-33 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN RONALD MONTESI TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 311, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 17 day of October, 2011, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:Mr. Montesi PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KENDALL AND CAROLE MINGES’ PUBLICATION DATE: OCTOBER 7, 2011 PRESENT CAROL SCHODER, SCHODER RIVERS ASSOCITES AGENT AND MR. MINGES SUPERVISOR STEC-We set this public hearing a couple weeks ago the property is located at 161 Mannis Road in Queensbury. They are looking to place a replacement wastewater absorption system sixty feet from Mannis Pond also known as Mud Pond in lieu of a hundred feet. Ninety feet from the potable water well instead of a hundred feet and fifteen feet from the REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 885 house foundation in lieu of twenty feet. A wastewater drop manhole and septic tank three feet from the house foundation in lieu of ten feet so those are the variances that they are seeking from the Town. With that said, I will open the public hearing first if the Minges’ or their agent wants to address the board on behalf of what I’ve said that would be fine. PUBLIC HEARING OPENED CARL SCHODER, SCHODER RIVERS ASSOCIATES AGENT-If, I may, just a very quick history on it. The variances that are being sought as Supervisor Stec had said the purpose for this project started out with the repair of a retaining wall that is failing or pretty much has failed in front of the subject’s residence. The retaining wall is a stone laid up kind of a structure it has some very major cracking in it that is starting to rotate and move away. The nature of the site is such that there is very little room to do anything other than put another retaining wall back or a series of retaining walls back in the area where this one was. When we did our field review of existing conditions it became evident very quickly that a septic system of unknown characteristics and design if you will of an old system that was original with the building was located both behind the upper wall and immediately below the upper wall on a very steep slope. Again, no one really knows what is there, but it is very doubtful that it has ever complied with code. The purpose for the project then grew a bit because there was no other location on the site to put a replacement septic system should we remove this wall. The project was designed then to incorporate a septic system in with a terrace wall arrangement as per the drawings that I have given you. I can go into those in depth if you would like, but I don’t think it is necessary I would be more than happy to entertain questions on it. There are several mitigated measures that we are proposing for some of the variances that are being sought. Specifically there would be impermeable liner that would be placed between the proposed leach field. The leach field is a relatively high tech system called a Presby System, which is one of the ones that is approved by the Department of Health under the new seventy five (a) regulations as a gravelliest geo tech style type of a filter that does a very efficient job. We are using that type of a filter again with an impermeable liner to try and mitigate the sixty foot setback to the pond. Similarly we are going to be proposing an impermeable liner between the building and the septic tank. I am not totally convince that it really wouldn’t matter as far as the fifteen foot setback to the building line from the point of view of that variance and that the proposed septic system leach field is well lower than the building itself. With that relatively abbreviated summary I am open to any questions you folks might have of me. SUPERVISOR STEC-Any questions from the board before we take public comment? COUNCILMAN BREWER-The line going to beds is that going to be at the elevation of the bottom of the cellar? MR. SCHODER-The line going to the septic tank would be at the upper most level it is a terrace system. COUNCILMAN BREWER-Right. MR. SCHODER-The upper most level right adjacent to the building is where the septic tank would sit. There would a line that comes out that penetrates through the existing basement wall that would go to that septic tank. Then from there the waste would flow from the septic tank into a drop manhole if you will that would allow it then to drop down and come out at a reasonable rate of flow into the proposed Presby System, which would be at the lower level about nine feet below. SUPERVISOR STEC-I will open the public hearing if there are any members of the public that would like to comment on this public I would just ask that you raise your hand and I will call on folks one at a time. DR. THOMAS HUGHES-Before we come up to make individual comments it has been nice to be able to look at the back of this proposal board, but it would be very nice if you could let the rest of us in on what the propose plans are and perhaps mentioned the more details structures of your proposal to the rest of us. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 886 SUPERVISOR STEC-Is there anyone that would like to address the board this evening, I will call on people one at a time to the microphone. DR. THOMAS HUGHES-56 WINCOMA LANE ALSO OWNS PROPERTY AT 157 MANNIS ROAD-For clarification I think it would be very helpful if the populous here was educated as to the exact nature of this. Seeing the back of the board doesn’t give us any idea of really what we are talking about so I would actually ask the consultant to actually give a presentation to the actual audience and show us some of the details of your proposal. SUPERVISOR STEC-This proposal has been in front of and on file with the Town for quite some time now. The purpose of tonight’s meeting isn’t to have an informational let’s educate everyone about the issues. DR. HUGHES-I just got my letter a few days ago I am a physician very busy and I have been out of Town have not had access to that so I thought it would be very reasonable. One of the reasons I am here tonight is to learn more about this proposal, but seeing the back of the….hasn’t really helped me in anyway. Are you trying to tell me that this gentleman is not willing to…. SUPERVISOR STEC-I am sure he will answer specific…. COUNCILMAN BREWER-Even if he gave a five minute presentation to the people it is not going to… DR. HUGHES-Okay, all right very good. COUNCILMAN BREWER-I am saying he should Tom. DR. HUGHES-I don’t even know what he is proposing here all I got was a letter saying he is asking to me seems very scary unreasonable setback and some other concerns I guess, I will just go right through that. First of all I would like to start by saying who I am; I am Dr. Tom Hughes and our family has owned the property next to the Minges’ for almost sixty years not only the property next to him, but we also own the vast majority probably over ninety percent of what we now call Mud Pond or has always been called Mud Pond call it Mannis if you will. That period of time we have done nothing but try to maintain the pristine nature and integrity of that piece of property I think it is a very valuable asset we have been…trying to maintain this pristine nature. I am a little bit concerned about some of the things that may transpire because of this project. First of all regulations exist for a reason why do we have these regulations for the safety of the property and the environment. These setbacks are here for a reason I am assuming they placed these regulations based on evaluations of prior bad outcomes trying to set standards for these safeties. It seems to me that violating these just so somebody can have what they want shouldn’t be the burden of other landowners. One main question that I have is this is really a marshy wetland area. In my past experiences sitting before this board for similar requirements the distance to water is measured as distance to open water and not into marshy wetlands to which this property actually is part of, but also abuts a very significant amount of marsh land before you actually get to open water. Allowing a septic system to sit on the end of a marsh is very dangerous and to not call that wetland or water I think is extremely negligent. Part of the Department of Health’s responsibility here is to uphold these codes and maintain the integrity of our environment. I am very concerned about the possibility of basically placing a septic system on the edge of my swap in my pond. Some of the other concerns certainly would be the steep nature of that area that would drain directly down into that apparently I guess Mr. Strough you did a site visit maybe you can talk to the rest of us about what your feelings are later on. Another concern that I have is that there has been a long standing question of connection between Mud Pond and Glen Lake being underground or some type of connection of some nature I am not a geologist so I won’t go any further into that. If we turn Mud Pond into more than a Mud Pond, but a cesspool then we are also going to potentially be having a source of contamination for the entire lake. I think we have seen enough precedents in our local area including Lake George where e coli contamination has been a serious concern and a health risk to all. I am also very concerned that this residence has always in essence been a seasonal residence and now and certainly the plans are to turn this into a year round residence and drastically increase the septic load that has been present on that piece of property throughout certainly my entire existence for the nearly sixty years that we have been there. I think we have to really seriously look at the impact that this is going to have on this project. I am also concerned about monitoring the REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 887 quality of the water in Mud Pond and Glen Lake in association with this project. Who is going to be responsible for doing this if the Department of Health allows this to go through are they going to accept and follow through on water quality, maintenance? Then what happens if something does go wrong here who is responsible, who is liable is the Department of Health going to pay for this cleanup? It is a significant burden to be placing upon certainly the taxpayers, but certainly those of us who live in the area. I do have a number of concerns we have new systems blah, blah, blah we’ve all heard it before this is special lined permeable barrier yeah sure that’s until they break down in a year or two. So what’s going to happen in the future I am not sure that we can say all these systems are tried and true it might be state of the art how many things have we seen throughout history that are supposed to be state of the art and turn out to be bombs. I am not really sure I want to bank the integrity of my property on those outcomes. I am also concerned about setting precedence’s here look at the rest of our wetlands in the area including Glen Lake is somebody going to be allowed to place their septic system perhaps ten or twenty feet from the edge of a swap on the borders of Glen Lake whether it be the inlets or the outlet areas where there is a lot of swampy area around there. Are we going to now set this precedence and say, yeah we can sure we have this fancy system we can put it in right next to basically standing water that is in continuous connection with the larger bodies of water. I don’t think you can say that the swampy areas aren’t part of a lake you can’t say the swampy areas are not part of this pond. I don’t know what other solution is available that is not necessarily my responsibility or the responsibility of my neighbors to deal with that. It is very difficult unfortunately to sit up here in front of this board unfortunately in opposition to my long time friend and neighbor Ken Minges, but I also have a responsibility to represent the integrity of the properties that my family has owned for these sixty years and I want to continue to maintain the integrity the natural beauty of that area and I am very concerned that it is not going to happen here. COUNCILMAN STROUGH-You are right I did do a site visit there because I am usually very critical of proposed septic systems that are shoreline located that is why I did the extra measure of doing the site visit. I have to give Mr. Schroder credit the plans that he has prepared they exceed what we usually see very detailed plans. So between the plans and seeing the situation up there on what is being proposed I felt a hundred percent assured that we are going to have a working system I didn’t feel ninety or eighty and I felted that this was a workable system. Keep in mind where your house is and where Ken Minges is both are sitting on top on that ridge what Minges is proposing is stepping his hillside and the first step is going to be the holding tank and then the fluids will go into a manhole from the manhole go into as you mentioned the state of the art system. If you considered the vertical distance and then added the horizontal distance see we don’t do that when we say sixty feet we are taking horizontal distance. If you look at the hydrology where that water is going to go it would be much further so I took that into consideration, too because there is a vertical distance then a horizontal distance. DR. HUGHES-Before it gets to the leach field isn’t the leach field….. COUNCILMAN STROUGH-No from the leach field to Mud Pond I think that was your concern the Mud Pond wetland. It should be a concern you are right probably more of a concern should be Glen Lake, which this exceeds the distance from that which is good. I looked it over very thoroughly I think when all is said and done and if you have the chance to see what I’ve seen you might come to the same conclusion I feel you probably would, but you didn’t have that advantage I am sorry for that. COUNCILMAN BREWER-Would you like a set of plans to look at? DR. HUGHES-I would if you wouldn’t mind. What you should we are more concerned about Glen Lake are we discriminating between bodies of water do we have the ability to do that and is that part of your authority? COUNCILMAN STROUGH-I didn’t say that I thought it would contaminate Mud Pond, I said I feel assured a hundred percent it will not contaminate Mud Pond. I am also assured of the fact that it is some distance from Glen Lake. COUNCILMAN BREWER-How far away is it from Glen Lake? SUPERVISOR STEC-Sixty. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 888 COUNCILMAN STROUGH-No that’s Mud Pond it is over a hundred and that is a horizontal measurement. DR. HUGHES-It is not clear to me where the leach field is on the diagram here. COUNCILMAN BREWER-On the bottom tier Tom turn the page you will see the sheet C2. COUNCILMAN STROUGH-Turn the page and go to C2 you will see that it is going to be two tiered with new retaining walls. COUNCILMAN BREWER-The first tier will be the holding tank then a manhole that I asked about earlier. It will drop into the manhole go down to the leach fields and then go vertically towards I guess it’s over this property…. COUNCILMAN STROUGH-There is two seventy one foot lines. DR. HUGHES-Again, this does show in this one a fifty foot setback from open water that is also my concern. COUNCILMAN STROUGH-Again that is a horizontal measurement. DR. HUGHES-By the time it gets down to that level where the leach field is going to be still even that’s a horizontal John, you know it is still probably only about ten to twenty feet from the actual water the actual wetland water flows wherever it wants to flow. If you put septic ten feet from the edge of open water into a swamp you can’t tell me that you are going to be able to drink the water out of the pond or it is not going to affect the quality of that pond. One of the things I am very concerned about is this regulation that water isn’t water until it is open water this is a marsh it is an eco system as you know it is all connected you can’t separate them. COUNCILMAN STROUGH-I agree with you a hundred percent but what I said was I looked this over very thoroughly I am a hundred percent convinced this system will work without polluting the environment. DR. HUGHES-Do we have any assurances do we have any thoughts about water quality testing I think that is a very significant concern. I think to just give us….it’s going to be fine without being able to monitor that and test that and have some type of assurance that this is going to and truly not affect the environment. No offense none of us are that type of scientist myself probably more than you guys that would be my concern. Bascially Mud Pond is a petri dish and you are putting bacteria and other harmful things very close to this petri dish if you think it is not going to grow that could be a very fatal assumption. My concerns are okay even if we let this go how are we going to monitor it and who is going to bear the responsibility should this turn into a Love Canal or whatever if this system doesn’t uphold? Is it the landowner is it the Department of Health is it the board whose agreed for this. My question would be who is going to be responsible should this not turn out to be the miracle system that it is proposed to be? COUNCILMAN STROUGH-Well we don’t know if an earthquake is going to take us tomorrow Doctor. DR. HUGHES-This is more of an exact science. COUNCILMAN STROUGH-Look at the system it is state of the art it is designed very well especially given the criteria and the situation that they are in. Then should we monitor Mud Pond because of this particular project. If Mud Pond turns to the worse it is going to be this project that is causing that I don’t think that would be easy to ascertain it would be impossible to ascertain that we don’t even have a data base for Mud Pond so we couldn’t know what we are doing. Probably the worst thing is allowing development on Glen Lake like we have done…. DR. HUGHES-Don’t look at me. COUNCILMAN STROUGH-This house has been here much longer than anybody else’s aside it. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 889 COUNCILMAN METIVIER-This house was built in 1903 I believe it is a better system than what you have now it is an improvement. DR. HUGHES-Truly it is better than it was now, but also what has now served as a seasonal residence not a year round residence and again we are talking a totally different level of septic load here. COUNCILMAN METIVIER-You are also talking that we don’t know what is there now it was even stated that nobody knows. I mean you have an approved system stamped by an engineer that will work ten times better than what is there now so what’s to say that it is not going to improve the situation there. There are no guarantees in life we all know that, but you are guaranteed one thing this system is better than what is there you just have to keep that in mind. If we were approving a new subdivision I would see your concern this house has been there since 1903 or 1910 so is the system that old we don’t know. If the house has been there longer than others in the area isn’t it fair that we are able to do something to improve the situation what is the other option to do nothing at all? DR. HUGHES-Again, the other option is not my concern. COUNCILMAN METIVIER-It should be your concern because the other option is to do nothing. DR. HUGHES-It is to a degree, of course, it is my concern I wouldn’t be here tonight. It is my responsibility to take the downside of something like this. I think you are asking the neighbors in this area to assume a lot of the risk in this situation. Like, I said why do we have setbacks are we going to change the setback requirements for the remainder of Queensbury and any other area adjacent to a wetland now because of this? Basically that is what you are doing you are redefining the standard and by allowing this to go through is this Town ready for the consequences of your redefining the standard? COUNCILMAN METIVIER-We don’t redefine the standard that is why they are here tonight so we can review the standard and have a gentlemen who is capable of stamping it saying this will work in this situation. It is not cart blanche it goes through the process I am comfortable with it I think the rest of the board is, but you have to realize and I said this, this morning it is a better solution that what is there to do nothing at all would be a huge determent. COUNCILMAN BREWER-Would you be happy maybe not happy is not the word I want, but if we walked out of here tonight and we said no and you went home and everything was forgotten and left it as is would you feel any better than if we made him put a state of the art system in that was monitored it is not to say that we can’t have it monitored either we can. DR. HUGHES-Tim if this was your property wouldn’t you have similar concerns? COUNCILMAN BREWER-Absolutely I would. DR. HUGHES-What would you be willing to walk out with? COUNCILMAN BREWER-I don’t know that is not my option right now Tom. DR. HUGHES-Just because it is better than what is there doesn’t mean that it is necessarily adequate. COUNCILMAN METIVIER-What is the solution then you cannot do something that is what I am saying. You can’t block him from….. DR. HUGHES-It is not my responsibility to provide the solution the holding tanks and other things what else has been done? I guess that is the question that I put before the board what has been done in situations like this when setbacks were not deemed adequate? SUPERVISOR STEC-To that question, I can say in twelve years we have probably addressed more than a hundred variance requests a vast majority of them have gotten an approval. That is the history of the board throughout the Town that is why this process is here. If it was as simple REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 890 as that’s the standard then we wouldn’t have this process. We do have this process and it is common place to be used so that we take an individual look at each situation like Tony said if this was a brand new subdivision that was being proposed maybe the answer would be different than a hundred year old home lord know what’s in the ground so that is why there is a variance procedure for Town’s to afford themselves. COUNCILMAN STROUGH-If we had any doubts about this, this board has tended to go with a holding tank we have stood pretty firm on that because at least with a holding tank we know where it is. COUNCILMAN BREWER-Was that ever considered? SUPERVISOR STEC-Let’s not get into the conversation that’s not on the microphone let’s take public comment we will have the applicants agent come back and perhaps address some of this. DR. HUGHES-I will ask the question in essence I have brought this up what other options have been considered and what else is there just blindly giving a variance…. SUPERVISOR STEC-We blindly do nothing around here Doctor. DR. HUGHES-Yeah, sure. SUPERVISOR STEC-I would like to take some more public comment and then we will have the applicant’s agent come back. DR. HUGHES-Thank you. SUPERVISOR STEC-You’re welcome. DON VITTENGL-165 MANNIS ROAD, QUEENSBURY-I would like to propose a holding tank. When you have the word impermeable in there four or five times in describing this system I think that describes a holding tank so I propose that. I agree with everything that Dr. Hughes just stated I would like to go on record saying that. SUPERVISOR STEC-Is there any other public comment on this variance request? Mr. Schoder perhaps you can come back and we can talk about what some of the other alternatives might have been that you looked at or haven’t looked at. MR. SCHODER-From technical point of view the site offers many practical difficulties as far as steepness of slope as far as obviously separation distances that can be achieved to wetland areas, which is what that sixty foot separation is for. By the way the fifty foot separation that was quoted was to the retaining wall not to the leaching device. The sixty foot that Mr. Strough brought up before is the accurate number. Alternatives to the system by Department of Health the use of a holding tank is a consideration when there are no other practical means of addressing this including granting variances as long as mitigated measures are provided. The Department of Health for that matter would not as I’m sure you folks know allow a holding tank for instance for new construction it would only be allowed in the event of a replacement system again, if other means have been exhausted. You have a fairly expensive system that you are looking at here in deference to that exact requirement. As far as any location on the site there is none the site sits literally the house sits literally on top of a pinnacle if you will of a mound. Very steep slopes on all sides for that matter very steep slopes on the side that we are trying to work with here. The impermeable barriers that were talked about will be membrane barriers that will extend down sufficiently behind a retaining wall at the lowest tier such that the path of the water cannot be on a diagonal, but rather if there was indeed any path of water that it would have to hit the membrane drop down and then go over. Again, adding to your point Mr. Strough about the actual resistant of travel of the waste in the soil. This soil mass in this area is a relatively permeable soil mass it is lateral merian a glacier that relatively permeable soil mass is not conducive to lateral movement of that water it rather will go down more in a straight fashion than try and break out and flow toward either Mud Pond or for that matter toward Glen Lake. I guess as far as alternatives system there are no other conventional alternative systems other than a means of last resort it would be a holding tank, which again is discourage from the point of view of the DOH I think rightly so holding tanks are not without problems. The statement was REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 891 made you know where it is going yes that it true, but when the alarms fail etc. you also know where it is going when it comes out of the top of the tank and flows over the land. Holding tanks require maintenance of the part of the owner on a very routine basis if pumping doesn’t happen again if an alarm fails or something to that effect…. COUNCILMAN BREWER-Are there alarms on this? MR. SCHODER-This does not have an alarm it does not need an alarm it is a passive system. COUNCILMAN BREWER-You talk about alarms going off there isn’t any alarms going to go off. MR. SCHODER-For a holding tank is what I am saying in this scenario that is obviated you don’t need that it is one of the reasons why you try and shy away from systems that require maintenance and people watching it and people servicing it on a routine basis to get the waste out. As far as monitoring there was a question on monitoring I believe one of the board members mentioned that the system would be monitored to the extent that it would be pumped out on a regular basis. I am believing that Queensbury has a mandatory inspection do you I may be confusing Town’s? TOWN BOARD-No. COUNCILMAN STROUGH-We would like too. COUNCILMAN BREWER-We probably should. MR. SCHODER-At any rate the owner will be advised that he needs to inspect his septic system on an annual basis to pop the top on his septic tank to make sure that the material is within the tank is not building up a scum or sludge layer. SUPERVISOR STEC-Excuse me Mr. Schoder trying to listen to the concerns of the public and the sentiment of the board in having a great deal of experience in these kinds of discussions usually we do try to find a way to the maximum extent possible go beyond whatever the minimum is to try to gain as much comfort with everybody. Would the owner be opposed then to as a condition of approval to submitting proof of inspection or proof of annual maintenance to the system to the Town for the file? COUNCILMAN STROUGH-Annual. COUNCILMAN BREWER-Semiannual. SUPERVISOR STEC-He mentioned annual. COUNCILMAN STROUGH-It should be every three years. MR. SCHODER-Every three years would be reasonable for this. SUPERVISOR STEC-Fine. MR. SCHODER-That would be yes. SUPERVISOR STEC-Okay, sorry I didn’t see you Mr. Minges. COUNCILMAN METIVIER-Could you take it a step further and even require dye tests every three years or would that not work in this situation? MR. SCHODER-I really think that would probably be an overkill type of a situation to do a dye test. What you need is you need a normal inspection of the septic system look in the tank and you can look in that manhole you need to make sure that the ventilation system on the end of the Presby System hasn’t been occluded by birds nest or something to that affect because that system needs to stay aerobic that is why that system is as good as it is it is truly an aerobic treatment method. Those types of things can be checked it could be checked by an engineer it could be REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 892 checked by actually by a septic system installer. It is not something that you need to get a P.E. to get out there. SUPERVISOR STEC-I don’t think we would suggest that either you know some sort of proof of inspection. COUNCILMAN METIVIER-Could any water samples by taken now and then later down by Mud Pond? COUNCILMAN STROUGH-The problem with that is even you found contamination or an increase in contamination what is the source? COUNCILMAN METIVIER-I guess my point is this before the process starts before you do any work you have a sample. COUNCILMAN BREWER-As a baseline Tony? COUNCILMAN METIVIER-As a baseline. MR. SCHODER-A free sample as a baseline. COUNCILMAN METIVIER-I know it would be very complicated. MR. SCHODER-If there was something that was in place if there was a monitoring program that was in place on Mud Pond and on Glen Lake over an extended period of time that gave us the baseline data then I am not totally convinced that you would still have anything meaningful as far as saying, oh look the e. coli count went up in a sample of some other indicator and therefore Mr. Minges septic system is causing this. I think that it would be a point that would be very very difficult to prove. COUNCILMAN METIVIER-I don’t know if we ever could, but I am just saying if you had that baseline now let’s just say a bird wouldn’t fly by right before you take a sample anyways. MR. SCHODER-That is exactly the problem. It would be a very difficult type of a program to institute….. If the purpose of that monitoring program is to try and identify any one site as being a problem source without other evidence such as you are looking at breakthrough running down a pitch line or something to that effect, which is something readily achievable without the monitoring program you see that you know you have a problem I would question the value of it. COUNCILMAN METIVIER-How long do you think the system would last under good conditions? MR. SCHODER-All septic systems have a fine…life my sense would be that this system, the tank very long. The field itself probably looking at a thirty year horizon there about like a conventional septic system would have that would be a conservative statement on my part. Frankly the minimum design point for the design of this is three hundred gpd it’s a two bedroom house that is a hundred and fifty gallons per day per bedroom normal standards as you know is a hundred and thirty gallons per day per bedroom. There are new standard fixtures in this building therefore we are already conservative on what is going in. We are disallowing garbage grinders we are disallowing…. COUNCILMAN BREWER-That is always something you always had an issue with John is no grinder pumps, hot tubs. COUNCILMAN STROUGH-Hot tubs. SUPERVISOR STEC-That is a burden on the system. COUNCILMAN BREWER-Absolutely. SUPERVISOR STEC-Any other questions for the applicant while we got him here any other public comment, seeing none I will close the public hearing. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 893 PUBLIC HEARING CLOSED SUPERVISOR STEC-I think we were talking about if we wanted to go with approval we were going to add a condition three year inspection submit to the Town anyone want to make a motion. COUNCILMAN METIVIER-I’ll move it. SUPERVISOR STEC-Approve with that condition a second. COUNCILMAN STROUGH-I’ll second it. TOWN COUNSEL, HAFNER-With the resolved. SUPERVISOR STEC-Do you have one Bob? TOWN COUNSEL, HAFNER-Resolved, that this approval is contingent upon the property owner providing the Town with proof of inspection every three years. SUPERVISOR STEC-Any other discussion hearing none let’s go ahead and vote. RESOLUTION APPROVING KENDALL AND CAROLE MINGES’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 32, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Kendall and Carole Minges applied to the Local Board of Health for variances from Chapter 136 to install: A.a replacement wastewater absorption system: 1. 60’ from Mannis (Mud) Pond instead of the required 100’ setback; 2. 90’ from the potable water well instead of the required 100’ setback; and 3. 15’ from the house foundation instead of the required 20’ setback; and B a wastewater drop manhole and septic tank 3’ from the house foundation instead of the required 10’ setback; on property located at 161 Mannis 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 concerning the variance requests on th Monday, October 17, 2011, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 894 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 Kendall and Carole Minges for variances from the Sewage Disposal Ordinance to install: A. a replacement wastewater absorption system: 1. 60’ from Mannis (Mud) Pond instead of the required 100’ setback; 2. 90’ from the potable water well instead of the required 100’ setback; and 3. 15’ from the house foundation instead of the required 20’ setback; and B a wastewater drop manhole and septic tank 3’ from the house foundation instead of the required 10’ setback; on property located at 161 Mannis Road in the Town of Queensbury and bearing Tax Map No.: 289.18-1-6, and BE IT FURTHER, RESOLVED, that this approval is contingent upon the property owner providing the Town with proof of inspection every three (3) years. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 895 RESOLUTION NO. BOH 33, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 17 of October, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:Mr. Montesi 2.0 PUBLIC HEARING PUBLIC HEARING – 2012-2014 GENERAL EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. AND AUTHORIZING INCURENCE OF TAX FREE FINANCING/DEBT FOR BUILDING EXPANSION PUBLICATION DATE: SEPTEMBER 30, 2011 DOUG WILDERMUTH BAY RIDGE RESCUE SQUAD – DAN RYAN, VISION ENGINEERING SUPERVISOR STEC-We set this public hearing a few weeks ago and as the title suggested there are three things that we are looking to conduct this public hearing on and potentially accomplish this evening. It is actually very similar in what we did not too long ago with Queensbury Central in that the Bay Ridge Rescue Squads contract is in fact expiring at the end of this year so they are due for a new contract. Then also anytime any Fire Company or Rescue Squad wants to borrow any money of any amount including for boats they have it is in all their contracts they have to get Town Board approval and Town Board gives its approval in the form on Town Board resolutions. The third thing is for a public hearing requirement on this is if they want to take advantage of tax exempt financing they need a public hearing in order to do that as well. Tax exempt financing saves them and therefore the taxpayer money so it is typically to theirs and our advantage to seek tax exempt financing when they look to do a project like this. The Rescue Squad has come they have been talking to the board for a couple years now about this building expansion, although Councilman Montesi is not here tonight he certainly championed whittling down the size and the scope and therefore the cost of the building expansion. They have growing numbers, which is a good thing for the residents that they protect out there. The amount of debt that they are looking to borrow is four hundred and twenty eight thousand nine hundred and seventy one dollars. This agreement would be for the next three years 2012, 2013 and 2014. It continues to maintain the paid staffing at a hundred and eighty five thousand dollars for 2012 and then a hundred and eighty seven thousand five hundred for two thousand thirteen and a hundred and ninety for two thousand fourteen. It will maintain the 6:00 a.m.to 6:00 p.m staffing Monday through Friday, which we have enjoyed in recent years we didn’t always have that actually until we put in bill for service that has worked out extremely well I am pleased to report. Then lastly the most important thing and I am trying to turn to this in the contract the terms of their contract for the next three years the total dollar amount not including paid staffing, which I ran those numbers was a hundred and ninety two thousand four hundred and thirty five dollars for two thousand twelve, two hundred and four thousand one hundred thirty five dollars for two thousand thirteen and two hundred and four thousand one hundred and thirty five dollars for two thousand fourteen. The important thing here to point out is that the total over the next three years will actually be less than the total of their two thousand eleven budget. In these times when we are trying to limit the rate of increase they are coming in with a three year contract that is actually less than the current year contract and that does include the financing that they are proposing for the building expansion. They would get a building expansion and at the same time keep their total funding actually slightly down over the next three years. That is the highlights of REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 896 the three year contract and the amount they are looking to borrow for debt for their building expansion. With that said I will open the public hearing any comment and again when I call on people just raise your hand I will call on you on at a time. State your name and address for the record these microphones not only amplify, but they record for the purpose of the record. PUBLIC HEARING OPENED GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-I think the Town of Queensbury spends too much on fire and rescue. You have Queensbury Central they needed a new building now these guys need a new building its money see money do. They all come and want new building want new equipment it’s time to stop. Our fire equipment and emergency squad equipment is good the way it is I don’t believe they need it anymore than I believe Queensbury Central needed it. Thank you. SUPERVISOR STEC-Anybody else this evening, Mr. Tucker. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-A point of order there has been over the months discussions about Bay Ridge furnishing service in Washington County… SUPERVISOR STEC-That was North Queensbury not Bay Ridge. MR. TUCKER-North Queensbury? SUPERVISOR STEC-Yes. MR. TUCKER-I know Bay Ridge used to do it do they do it anymore? SUPERVISOR STEC-I am sure on a mutual aide basis, but I am not aware that it is a regular significant issue like it is in North Queensbury. MR. TUCKER-Thank you. SUPERVISOR STEC-Anybody else this evening that would like to comment on this public hearing, any board discussion? COUNCILMAN STROUGH-It might behoove the public to have Bay Ridge come up. SUPERVISOR STEC-Doug if you want to hit the highlights on anything I didn’t or Dan Ryan your Engineer. DOUG WILDERMUTH, BAY RIDGE RESCUE 1109 RIDGE ROAD, AND ALSO A RESIDENT OF 3 THISTLEWOOD DRIVE-I do have one small matter of concern. DAN RYAN, VISION ENGINEERING-Representing the Bay Ridge Rescue Squad for the building addition portion as you know if you have any particular questions related to that I would be happy to answer them. We did meet with the board previously and discussed the details of the project where the costs are derived from how we were able to save some costs through design and planning. I think the project speaks for itself it is certainly a small addition that would provide the minimum amenities that I think they need to facilitate the Town and continue to operate. MR. WILDERMUTH-To identify some of those minimum amenities you know for years the sixteen years that building has been there at least we’ve had countless volunteers cover the ambulance at night for free. As, I mentioned a couple of years ago at one of our banquets that the volunteer hours the worth of the volunteer is imaginable and one year, I think it was actually two years ago I guesstimated that within that year it was over six hundred thousand dollars worth of manpower alone that those volunteers brought in. Unfortunately we are a small building a growing agency were using couches and chairs that we are replacing on an annual basis to say thank you to these people that man our community and that is unfortunate because they deserve a bed they deserve their own bathroom. We don’t have that kind of facilities in this building hence the upgrade so that’s where it is basically coming from. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 897 SUPERVISOR STEC-We asked this in a workshop not long ago what has your membership number done in the last few years do you recall can you tell us you were at this many this many years ago and how many are you today number of volunteers? MR. WILDERMUTH-The number of active and the number on the record are two different things. SUPERVISOR STEC-Ball park. MR WILDERMUTH-I think it is conservatively safe to say that about four years ago we were about twenty to twenty five active members and now we are about forty. I think that is a nice steady incline to sustain what we need to do. SUPERVISOR STEC-In fact that is counter to the State and National trends for volunteerism. MR. WILDERMUTH-That is correct actually New York ranks last in all the fifty States in volunteerism if that is such a word. We are proud of our agency and what we have been doing in years past and the direction that we are going. COUNCILMAN METIVIER-You didn’t happen to bring a picture with you of the facility did you? MR. WILDERMUTH-No I did not. COUNCILMAN METIVIER-There are some people that are very confused with this and the building over on Bay Road I just want you to clarify you are on Ridge Road. MR. WILDERMUTH-Being a member of the Fire Department I have been told several times you guys have a Taj Mahal over there on Bay Road you don’t need to expand. I say, I agree as a Fire Department member, but as a volunteer of the Bay Ridge Rescue Squad over on Ridge Road. SUPERVISOR STEC-It’s a different building. I think you are right there are probably a lot of people that aren’t aware of that. COUNCILMAN METIVIER-I hear it all the time that you guys don’t need this because you have a beautiful building it was just built. The second question why don’t you use the building over on Bay? MR. WILDERMUTH-Use the Fire Department. COUNCILMAN METIVIER-Yeah. MR. WILDERMUTH-They are two different entirely different companies. COUNCILMAN METIVIER-I know I just want you to clarify. MR. WILDERMUTH-No problem. The Fire Department does provide excellent fire service and response to EMS calls to assist EMS, but they don’t have the ambulance the ambulance is part of the Rescue Squad and that gets there from the Ridge Road address entirely two different companies. COUNCILMAN METIVIER-Thank you. COUNCILMAN STROUGH-And this board does appreciate your volunteer efforts. We also have to represent the community and the dollars and cents this isn’t the first time you have been before us. Like, Dan had pointed out this is a downsized version and this board also wanted some assurances that we are going to get a budget from you for the next three years that is basically flat, which you gave us, which means that you are going to have to be pushing little pennies around to make sure everything fits. Evidently you have given the budget a real tough look and you are able to do that. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 898 MR. WILDERMUTH-That is where my level of concern comes in what I wanted to make sure that I mentioned to the board because although this budget we feel is realistic in listening to today’s economy as well as the concerns of the Town Board on behalf of the taxpayers we listened we made an effort to bring those down. With that, which is not exactly in here is that medical direction fee that we discussed in the past and that is a concern of mine. As of right now we’re okay, but when that ever does come that is going to be an issue. We touched on that in the last workshop that was one of my concerns that’s all. SUPERVISOR STEC-Thank you. Any other member of the public, seeing none I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2012 - 2014 GENERAL EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR BUILDING EXPANSION RESOLUTION NO.: 312, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the general emergency ambulance services Agreement (Agreement) currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) will expire on December 31, 2011, and WHEREAS, the Town and the Squad negotiated terms for a new three (3) year Agreement, and WHEREAS, the Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad presented to the Town Board a proposal to construct an expansion of its building at 1109 Ridge Road for a principal amount not to exceed $428,971 and its proposal to finance such expansion project through tax-exempt financing provided under §150(e) of the Internal Revenue Code of 1986, as amended, and WHEREAS, the Squad has negotiated with local banks to enter into a financing agreement for an amount not to exceed $428,971 for 20 years at a market rate expected to be approximately 1.98% for the first year and 2.98% for years 2-5, and this financing arrangement is intended to qualify as tax-exempt under §150(e) of the Internal Revenue Code of 1986 as amended, if tax-exempt financing is available, and, if not, non tax-exempt financing is estimated to be approximately 3.75%, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 899 WHEREAS, in accordance with §150(e)(3) and §147(f) of the Internal Revenue Code of 1986, as amended, the Squad requested that the Town Board conduct a public hearing to authorize approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements, and WHEREAS, the Town Board determined it to be in the best interest of the Squad and Town residents as required by the Internal Revenue Code to conduct a public hearing concerning the proposed expansion project, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town th Board scheduled and duly held a public hearing on Monday, October 17, 2011 concerning the proposed Agreement, and in accordance with §150(e)(3) and §147(f) of the Internal Revenue Code of 1986, as amended, the Town Board also conducted a public hearing to authorize approval of the financing and the Town Supervisor to execute approval of the financing to comply with the statutory requirements of the Squad’s proposal and tax-exempt financing as required by the Squad’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, and WHEREAS, the Town Board believes that the building expansion will help provide for better and additional ambulance services for the Town, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing the 2012-2014 Agreement, building expansion and the Squad’s corresponding incurrence of tax-exempt debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the general emergency ambulance services Agreement between the Town and the Bay Ridge Rescue Squad, Inc., (Squad) for the years 2012- 2014 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad’s proposal to construct an expansion of its building at 1109 Ridge Road for a principal amount not to exceed $428,971 and proposes to finance the expansion project through tax-exempt financing provided under §150(e) of the Internal Revenue Code of 1986, as amended, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $428,971 maximum amount in debt for such expansion, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 900 RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the 2012-2014 Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 17 day of October, 2011 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough NOES : Mr. Brewer ABSENT: Mr. Montesi 3.0 HEARING HEARING- KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT PROPERTY LOCATED AT 719 STATE ROUTE 9 MIKE VITTENGAL CARMAN MOTORS SUPERVISOR STEC-Again, we have been dealing with these a lot lately. We had a pretty lengthily discussion on where we are going in the future with these. This would be another one year delay to allow connection on the Route 9 Sewer District for this property. Is there anybody here representing the property owner or the applicant? MR. VITTENGAL-They did have a septic inspection as you know it was a carwash a rather extensive septic system in place. A single feedbox that feeds I believe seven separate tanks and leach fields so looking for a one year extension. SUPERVISOR STEC-I am not sure you are aware of the ongoing we’ve kind of been handing these out pretty free and easy for a long time now we are just trying to start to let people know that it may not continue a whole lot longer. Each property and each situation is unique just so that you know eyes wide open that if we say yes tonight don’t be too shocked in the future we start saying we really don’t want to hand these out anymore. COUNCILMAN BREWER-Do you anticipate you might hook up at some point or any plans? MR. VITTENGAL-I have to speak further with Mr. Ermiger, but at this point I signed a three year lease with him for the property. There is a single toilet in place with a single wash base at this point don’t anticipate anything further than that it is not going to be a carwash while I’m there it is a display lot. COUNCILMAN BREWER-I went by there today. COUNCILMAN METIVIER-How are things going for you by the way? MR. VITTENGAL-Going really well. SUPERVISOR STEC-Any other discussion or questions from board members, all right thanks I will entertain a motion. RESOLUTION APPROVING KENNETH ERMIGER’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 901 CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 719 STATE ROUTE 9, QUEENSBURY RESOLUTION NO.: 313, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Kenneth Ermiger applied to the Town Board for a variance/waiver from Town Code § 136-44.1 for an extension of the Town’s connection requirements to connect his property located at 719 State Route 9 (formerly a car wash) to the Town of Queensbury’s Route 9 Sewer District as set forth in his th September 9, 2011 application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to Mr. Ermiger and the Town th Board conducted a hearing concerning the variance/waiver request on Monday, October 17, 2011, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Kenneth Ermiger’s application for § a variance/waiver from Queensbury Town Code Chapter 136, 136-44.1 “Connection to sewers required” th and hereby grants Mr. Ermiger a one (1) year extension of time or until October 17, 2012 in which to connect his property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-42) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 902 is transferred, then the variance is terminated as well and the property must connect to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that Mr. Ermiger 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 Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of October, 2011 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT:Mr. Montesi 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SISTER CITIES COMMITTEE OF GLENS FALLS/WARREN COUNTY RESOLUTION NO.: 314, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for funding in the amount of $1,500 from the Sister Cities Committee of Glens Falls/Warren County to establish a Sister Cities Relationship between four (4) communities in Warren County, including the Town of Queensbury, and Saga City, Japan, and WHEREAS, such program involves the visitation of students and citizens, as well as the exchange of ideas and programs between the communities and Japan, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 903 WHEREAS, the Town Board wishes to provide funding to the Sisters Committee of Glens Falls/Warren County in the amount of $1,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Sisters Committee of Glens Falls/Warren County and authorizes the Agreement substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $1,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CONVENTION & VISITOR’S BUREAU RESOLUTION NO.: 315, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 243,2010, the Queensbury Town Board approved and authorized funding to the Lake George Regional Convention & Visitor’s Bureau (LGRCVB) and the Agreement between the Town and LGRCVB for tourism promotional and marketing campaign and consultation services th through June 30, 2011, and WHEREAS, the Town of Queensbury wishes to enter into a two (2) year Agreement with LGRCVB th for provision of such services through June 30, 2013 which services will continue to, in part, spotlight and showcase Queensbury businesses, and WHEREAS, such promotion and marketing services will promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 904 WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to LGRCVB in the amount of $17,500 per year (June 2011-June 2012; June 2012-June 2013) with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGRCVB has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Lake George Regional Convention & Visitor’s Bureau (LGRCVB) as delineated in the preambles of this Resolution and authorizes the Agreement between the Town and LGRCVB substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $17,500 per year (June 2011-June 2012; June 2012-June 2013) and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2012 PRELIMINARY BUDGET RESOLUTION NO.: 316, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1, 2012, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 905 WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2012, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2012 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, th RESOLVED, that the Town Board will conduct a public hearing on Monday, November 7, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town’s Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2012 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2012, which includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk’s Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on th Monday, November 7, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2012 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON (4) 17,382. TOWN CLERK 66,442. REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 906 TOWN HIGHWAY SUPERINTENDENT 67,161. TOWN JUSTICES (2) 42,969. th Duly adopted this 17 day of October, 2011, by the following vote: AYES :Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT:Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES OWNED BY GARY AND SUSAN HIGLEY AND CHARLES AND BARBARA SEELEY FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMERCIAL INTENSIVE (HC-INT) RESOLUTION NO.: 317, 2011 INTRODUCED BY : Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering a request by Gary and Susan Higley and Charles and Barbara Seeley to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 302.7-1-46, 47 and 50 and located south of Quaker Road and east of Glenwood Avenue, Queensbury from Medium Density Residential (MDR) to Commercial Intensive (HC-INT), and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2011 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Ordinance and Map to reflect such proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, st November 21, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2011 to amend the official Town of Queensbury Zoning Ordinance and Map whereby properties bearing Tax Map No.’s: 302.7-1-46, 47 and 50 owned by Gary and Susan Higley and Charles and Barbara Seeley would be rezoned from Medium Density Residential (MDR) to Commercial Intensive (HC-INT), and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 907 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TRAMPOLINE DESIGN RESOLUTION NO.: 318, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for funding from Trampoline Design for Trampoline Design’s creative development, design and production assistance services related to th developing the Town of Queensbury’s 250 Anniversary logo, flag pole banner, posters and brochures, for an amount of $4,500, and REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 908 th WHEREAS, Town’s 250 Anniversary celebration in 2012 will attract a significant number of people to the Town of Queensbury and general community, thereby serving as an economic development tool for tourism in Queensbury, Warren County and the surrounding area, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Trampoline Design in the amount of $4,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Trampoline Design has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Trampoline Design as set forth in this Resolution and authorizes the Agreement between the Town and Trampoline Design substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $4,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050- 6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY BICENTENNIAL 1813-2013 RESOLUTION NO.: 319, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 909 WHEREAS, the Town of Queensbury has received a request for funding from the Warren County Bicentennial 1813-2013 Citizen’s Advisory Committee (Bicentennial) toward the Bicentennial’s planning of its programs and memorabilia, for an amount of $1,000, and th WHEREAS, the Bicentennial’s 200 Anniversary celebration in 2013 will attract a significant number of people to the Town of Queensbury, Warren County and the general community, thereby serving as an economic development tool for tourism in Queensbury, Warren County and the surrounding area, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Bicentennial in the amount of $1,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the Bicentennial has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Warren County Bicentennial 1813-2013 Citizen’s Advisory Committee as set forth in this Resolution and authorizes the Agreement substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $1,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:Mr. Montesi RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 320, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 910 SECONDED BY: Mr. Tim Brewer 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 Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-9060-8060 Health Insurance 001-1620-4500 Heating Fuel 15,000 002-8810-4820 Uniforms 002-1650-4100 Telephone 500 Increase Revenue 001-0000-53820 Grant Revenue 4,000 Increase Appropriation 001-7110-4824 Rec Programs 4,000 th Duly adopted this 17 day of October, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION APPROVING AUDITS OF BILLS – THTH WARRANTS OF OCTOBER 13 AND OCTOBER 18, 2011 RESOLUTION NO.: 321, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as ththth Warrants with run dates of October 13, 2011 and payment dates of October 13 and October 18, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of ththth October 13 and payment dates of October 13 and October 18, 2011 totaling $44,358.67 and $739,763.69, respectively, and BE IT FURTHER, REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 911 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. AYES : Mr. Strough, Mr. Brewer, Mr.Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi 5.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR, NORTH QUEENSBURY-Spoke to the board regarding a recent Essex County Supreme Court decision concerning permitting jurisdiction of boathouses on the States navigable waterways referred to Lake George as a navigable waterway and the local government continually exercising its authority on the lakes navigable waters, which only border the Town of Queensbury. Spoke regarding the Warren County Supreme Court case since 2007 Hoffman V. Town of Queensbury, ZBA and Hoffman V. Town of Queensbury, Planning Board all without resolution to this date. Spoke regarding the renovation reconstruction of another Lake George boathouse this one located on Dunham Bay is scheduled for the Planning Board and Zoning Board to consider modifications to previously approve variance and site plans. Also spoke regarding the 1859 State Statue, which established not only the common Town of Bolton, Town of Queensbury municipal boundary, but all such boundaries throughout the State has made this information known to all concerned will continue with this these issues will be brought up again before these two boards.. 6.0 CORRESPONDENCE NONE 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? NONE COUNCILMAN STROUGH ? Spoke regarding the annual fall waste pickup people who have put out debris from the past tropical storm we have been around the Town about three times we are going to go stth around again. Fall pickup for the following Ward 4 October 31 – November 4. Ward thththth. 3 November 7 - November 11. Wards 1 and 2 November 14 – November 18 COUNCILMAN BREWER ? NONE SUPERVISOR STEC ? Thanked Look TV and sponsors ? www.queensbury.net RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 322, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING MTG#28 10-17-2011 912 SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 17 day of October, 2011, by the following vote: AYES: Mr. Brewer, MR. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT:Mr. Montesi RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN OF QUEENSBURY