Loading...
2005-07-11- MTG 32 REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 528 REGULAR TOWN BOARD MEETING MTG#32 TH JULY 11, 2005 B.H. 18-19 7:00 P.M. RES#323-342 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, RALPH VAN DUSEN WASTEWATER DIRECTOR, MIKE SHAW DIRECTOR OF COMMUNITY DEVELOPMENT, MARILYN RYBA BUDGET OFFICER, JENNIFER SWITZER ZONING ADMINISTRATOR, CRAIG BROWN DIRECTOR OF BUILDING & CODES, DAVE HATIN SUPERINTENDENT OF CEMETERIES, MIKE GENIER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER SUPERVISOR STEC-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 323, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 11, day of July, 2005 by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DORIE TUCKER NOTICE SHOWN OPENED: 7:02 P.M. PRESENT AGENT TOM CENTER, NACE ENGINEERING MR. CENTER-We are seeking a variance to place a replacement septic system seventy six feet from the owners well and one foot from the front property line. Her existing REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 529 system has failed. She will be maintaining the use of the existing septic tank and that’s the project in a nutshell. SUPERVISOR STEC-I’ll open the public hearing. I’ll ask before we call on the public if there are any questions board members have of the applicant agent’s at this time? COUNCILMAN STROUGH-Did Ms Tucker ever have her well tested? MR. CENTER-I do not know. I know she has no problem with it as of right now the system has failed and they haven’t experienced any problems with the existing well. The existing system is closer to her well as it stands. MR. STROUGH-It’s sand and loom fairly good perk rate then? MR. CENTER-Yes. MR. STROUGH-That’s about the maximum distance that you are going to be able to put it anywhere. It is going to be under a driveway, right? MR. CENTER-No, sir. The driveway is to the right of the house. MR. STROUGH-Okay, because it’s not drawn on the plans. What, I put down here was it is at least a hundred feet away from neighbor’s wells? MR. CENTER-Yes, sir. MR. STROUGH-That’s all the questions, I had. Thank you. COUNCILMAN TURNER-Where’s the other field? MR. CENTER-As you can see the kind of clouded area it is somewhere in there the exact location isn’t known. What we’re surmising Mr. Sweet and myself it is properly a drywell that has failed created a layer that doesn’t allow it to perk out the outside layer of the stone. When he does install the new field he may be into some of that drywell he will remove it and bring in good material to replace it and dispose of the material in a proper manner. SUPERVISOR STEC-Any other questions from the board right now? COUNCILMAN BREWER-In looking at the map you show the well location is greater than a hundred feet is there a well in that arc somewhere or near there? MR. CENTER-There is no well in those arcs. COUNCILMAN BREWER-Outside of it how far? MR. CENTER-The wells are outside they are well more than a hundred feet. COUNCILMAN BREWER-My question would be if you slide this looking at the map again, if you slide it to the left you would be further away from your well and you wouldn’t have a problem with a hundred feet to the left is that possible? MR. CENTER-The further away we get from the existing septic tank the deeper the system goes. We have to maintain thirty inches of cover to the bottom of the stone. COUNCILMAN BREWER-The bedrock is higher there? MR. CENTER-No, that’s standard detail for the absorption trenches its thirty inches. The further we move away from the existing septic tank the more pitch we have to add to the line, which puts the end lines deeper and makes the absorption field go deeper into the ground so we’re trying to avoid further distance. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 530 COUNCILMAN BREWER-It would get you a hundred feet away from the well what would be… MR. CENTER-I don’t think it would get us a hundred feet from the well. COUNCILMAN BREWER-It would get you eighty feet or ninety, I bet. You have twenty feet between…. MR. CENTER-We can go ten more feet. COUNCILMAN BREWER-To where the telephone pole is if you were to slide that over to the telephone pole does that give you another twenty feet? MR. CENTER-Yes, but it also adds pitch to the end of the line, which brings it down deeper. The State standard in the handbook that’s the standard in the book thirty inches to the bottom of the stone that ‘s a maximum. The system does rely of some evaporation that’s why they want to…. COUNCILMAN BREWER-So what you are telling me is that you can’t move it then? MR. CENTER-If I move it further away I’m not sure we’re already down…. COUNCILMAN BREWER-I don’t understand why you have to go deeper. MR. CENTER-It’s because of pitch. As you come out of the tank you have to pitch the line so you can get positive flow to the distribution box. MR. STROUGH-The pitch has to be a minimum of one inch for every running foot. MR. CENTER-Correct. MR. STROUGH-So for eight feet that would be one inch. MR. CENTER-The tank is already down fairly deep. MR. STROUGH-You might have to go down another inch. MR. CENTER-That’s only the line out to the field. The more you move it in that direction we’re already probably close to the maximum thirty inch for the stone. COUNCILMAN BREWER-Let me put it to you this way Tom. If, I said to you tonight or this board said to you tonight move that twenty feet could you do it? MR. CENTER-If that’s your wishes we can move it to twenty feet. If we’re deeper than thirty inches then I would need the okay from that from the Building Inspector also. COUNCILMAN BOOR-Is the issue raising the septic tank in order to keep the pitch and move it? MR. CENTER-Very difficult to raise an existing septic tank. COUNCILMAN BOOR-I’ve done it on mine and it is difficult. Only a few contractors will do it because they don’t want to…. MR. CENTER-There is a very good possibility you could also break the tank. COUNCILMAN BOOR-I can go either way on this. You could move it if you raise the tank and there is an expense associated with it and a potential to have to completly replace the tank. MR. CENTER-Certainly if you feel that we need to move it closer to the property line we can do that. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 531 COUNCILMAN BREWER-I’m not saying you have to just looking at this drawing it just appears to me that if you need to be a hundred feet away you could easily do it. I didn’t know the problem with moving the tank that you would have a risk. The cost associated is not as severe as if the well was contaminated in my mind. COUNCILMAN BOOR-Is the well lined? MR. CENTER-I don’t know exactly. COUNCILMAN BOOR-That would be something I would want to know probably. Certainly if its not lined I would probably say move it as far as away as possible even if you have to raise the tank. If it’s lined six one half a dozen of the other, but without knowing that I don’t know if it’s appropriate to make a decision without knowing that. We’re essentially looking at a twenty five percent reduction. I would be more comfortable if I knew the well was lined. COUNCILMAN STROUGH-How old is the well do you know Tom? MR. CENTER-Mrs. Tucker purchased the house it dates back I believe into the fifties, sixties. COUNCILMAN BREWER-It’s probably not lined. COUNCILMAN STROUGH-They put casings on the wells even in the fifties and sixties. MR. CENTER-It may very well have a casing I don’t know enough information; I don’t have enough information about the well to answer those questions. SUPERVISOR STEC-The public hearing is open. If there are any members of the public that would like to come and ask any questions or express any concerns about this septic variance just raise your hand I’ll call on people? NO PUBLIC COMMENT SUPERVISOR STEC-We will go back to the board members for now. Tom, I’m hearing I don’t think people are too concerned about seventy six, but obviously anything closer to a hundred is better. We understand there are issues and cost involved. Again, there is a marginal benefit depending on whether the wells lined or not lined. Certainly anything more that can be done from seventy six I think would make everyone more comfortable. I’m not saying that seventy six couldn’t be done tonight…you heard that too; I’m just trying to summarize that. I don’t know where the board stand if we want to encourage moving it maybe not the whole twenty four feet obviously, but something less than that it would make us feel better that’s it’s a little farther from the well. COUNCILMAN BOOR-Is that a thousand gallon tank? MR. CENTER-Yes, sir. COUNCILMAN STROUGH-Given the soil conditions here and the other limitations there is a structure between the well and the filtration bed. Tom is right it will present certain logistics, problems given that the septic tank is already set at a certain height. Moving the filtration bed will make it close to the neighbor’s property then there is the issue of a telephone pole there that’s going to be an issue. MR. CENTER-There is a guide wire in there, too. I’m not exactly positive how close it is to the property line there is a guide wire in there. We can maximize the distance in the field get it as far over as we can and maintain as close to the thirty inches we will certainly do that in the field. SUPERVISOR STEC-The issue is that we don’t know does that mean eighty four feet or ninety four feet. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 532 MR. CENTER-It will be greater than seventy six. SUPERVISOR STEC-You are saying a minimum of seventy six. MR. CENTER-A minimum of seventy six and we’ll work with…. SUPERVISOR STEC-We would be granting him seventy six, but the understanding could be he could try and make it as close to a hundred as possible. MR. CENTER-If we stay within the ten feet of the side setback we won’t require another variance, which we won’t have to come and redo it again. COUNCILMAN BREWER-The ten foot doesn’t bother me. MR. CENTER-Or if we can go as close as we need to if we can grant that conditional tonight we can go as close as we can to that property line and maximize the distance from the well and keeping within the thirty inches. TOWN COUNSEL HAFNER-The first part. The second part if you are moving it closer to the neighbors we didn’t notice that. COUNCILMAN BOOR-Another variance might be required. SUPERVISOR STEC-Without moving it closer than one foot from the property line. MR. CENTER-It would be ten feet. COUNCILMAN BOOR-There are two property lines then Dan, and we didn’t notice the other one. SUPERVISOR STEC-Agreed. MR. CENTER-If I can go up to the ten foot line move it as close to that ten foot line or at that ten foot line without encroaching inside of the ten feet of the property line. COUNCILMAN BOOR-I would also ask that make sure that the well is lined. If it’s not that is running a big risk. They require a hundred feet from a line well so if it’s not lined. SUPERVISOR STEC-Are we prepared to make a motion? Are there any questions or comments from the public before I close the public hearing? Seeing none I will close the public hearing. PUBLIC HEARING CLOSED TOWN COUNSEL HAFNER-I heard one thing that sounded like it’s a contingency and that is contingent upon the well being lined. If that’s something that you all want I think that needs to be added to the resolved. The other portion about that he might go further than seventy six feet that he is going to go to where it works, it seems to me that what we have is necessary because that’s the closet he could go is seventy six, he could go eighty four or eighty nine. This would be then the flexibility, but he could go seventy six feet. SUPERVISOR STEC-Are we going to add a condition Bob? Are you going to propose a condition for us? TOWN COUNSEL HAFNER-If that’s what you all want. COUNCILMAN BOOR-I’m the only one that’s…. SUPERVISOR STEC-I feel better in doing that. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 533 COUNCILMAN BREWER-I have a concern about if he can move it away from that well further than that’s all the better if he can’t, he can’t. I really don’t have a problem with the seventy six feet. COUNCILMAN BOOR-What about the lined well if it’s not lined I don’t know what difference the distance means makes, you know. COUNCILMAN BREWER-If it’s not lined would you be comfortable at seventy six feet? COUNCILMAN BOOR-Not really, then I would definitely want it farther away. COUNCILMAN BREWER-The right thing to do then is to make sure that’s it’s lined before we grant the approval. COUNCILMAN BOOR-That’s what I’m trying to add. TOWN COUNSEL HAFNER-We can add it as a contingent. COUNCILMAN BREWER-If its not lined he has to come back? TOWN COUNSEL HAFNER-It’s contingent upon that. If it isn’t lined then he is not going to be able to put it in. Dave enforces these things. SUPERVISOR STEC-You can add that if that makes legal sense and technical sense to add that. COUNCILMAN BREWER-Think about what we’re doing if it’s not lined then he can’t have a septic system. SUPERVISOR STEC-Then he comes back. TOWN COUNSEL HAFNER-He has to come back. COUNCILMAN BREWER-He is going to propose the same thing. COUNCILMAN BOOR-No, he can line the well. It comes down to nobody wants to inconvenience anybody it is a board of health. COUNCILMAN BREWER-I agree. COUNCILMAN TURNER-Tom where is the pump to the well is it in the cellar? MR. CENTER-Pardon me? COUNCILMAN TURNER-Where is the pump for the well? MR. CENTER-Its gravity flow. I’m sorry the pump for the well. I believe it’s in the well. COUNCILMAN STROUGH-Then it’s got to be cased. COUNCILMAN BOOR-Then it’s probably lined. COUNCILMAN TURNER-Then there is a case. MR. CENTER-There probably is. COUNCILMAN BOOR-I’m guessing, I think it probably is lined. I just think it’s appropriate since you don’t…. MR. CENTER-I know it’s not a dug well it does have a cap on it, it is there. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 534 COUNCILMAN BREWER-Then that’s fine with me Roger. SUPERVISOR STEC-I’ll entertain a motion. COUNCILMAN BOOR-I’ll move it with the contingent that if it’s lined then seventy six feet is okay, but further is better. COUNCILMAN BREWER-I’ll second it. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR DORIE TUCKER RESOLUTION NO.: BOH 18, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Dorie Tucker has filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to place a leech field 76’ from her well instead of the required 100’setback and 1’ from the property line instead of the required 10’ setback on property located at 18 Hall 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 July 11, 2005, 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, it is felt 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 applicant; and REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 535 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Dorie Tucker for variances from the Sewage Disposal Ordinance to place a leech field 76’ from her well instead of the required 100’setback and 1’ from the property line instead of the required 10’ setback, such approvals being contingent upon the well being lined, on property located at 18 Hall Road in the Town of Queensbury, bearing Tax Map No.: 289.11-1-44. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 19, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 11 day of July, 2005, by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None HEARINGS HEARING – UNSAFE STRUCTURE – EDWARD MURRAY – 17 LUZERNE ROAD PRESENT EDWARD MURRAY, DIRECTOR OF BUILDING & CODES, DAVE HATIN DIRECTOR OF BUILDING & CODES, MR. HATIN-This is the old Led Foot Express building in front of Podnorszki Nursery. Mr. Murray the owner of the building did contact myself and Supervisor Stec last week. Mr. Murray is here tonight would like to address the board based on a letter he wrote to the Supervisor. I think at this time I’ll turn it over to him so he can explain the situation. SUPERVISOR STEC-Mr. Murray would you like to join us at the microphone. Again, I th did receive dated July 7 and it said here that it was copied to all Town Board Members so hopefully everyone did in fact get a copy, but I have a copy if people don’t. th MR. MURRAY-The date July 7 was the date that this came to my knowledge. I see a rd letter here, which Mr. Hatin gave me, dated May 23, which I understand was sent registered mail to my name, but a company called Velocity Express who were my tenant REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 536 in the building. They’ve been the tenant for fifteen years the lease expired in July. July st 1, I got physical control of the building. We’ve been litigating with them about a year for back rent and they are responsible for the repairs. They were supposed to render this building back to me in the same condition that I leased it to them fifteen years ago. Through the process of the lawsuit they have actually during the discovery period said, yes we’ve assumed responsibility for this lease. Yes, it’s our responsibility, but we haven’t come to any conclusion with them as to when they are going to pay to do this. Their builder and structural engineer was out last week or about ten days ago had been given the opportunity to inspect the building. We have not gotten anything back from them through my Attorney yet saying, yes we concur that the building is a total loss tear it down and we’ll pay for it. I’m kind of between a rock and a hard place. Obviously, I don’t want to tear the building down I don’t have the means to tear it down myself. If it were to be torn down whether it would open the door for them to come back and say, oh we could have fixed this building we’re not paying to have it torn down and replaced. I guess, what I’m saying I need a little more time to come back to the Town Board with what’s going on. We should know within the next week or two although they have been really dragging their feet. The thirty day deadline I just tonight saw the resolution as brought before us really doesn’t give me enough time. What, I would ask is that I’d be allowed to come back to the Town Board in thirty days with some definitive information as to where I stand with my litigation. What, I did do over the weekend is I went and boarded up the portion of the building that was opened that had collapsed so that nobody can get inside it. I also hired Joe Podnorszki he is going to do it as soon as he can to just cut all the bush and grass around it so it doesn’t look like such an eyesore. I guess is what I’m coming here is to ask for a little more time. This only came to my attention not rd May 23 when the letter was sent, but just last week. SUPERVISOR STEC-Let me ask Dave a question here. What was done in the intermediate as an intermediate step so far what else would need to be done in order for you to say, all right this is safe enough now where its not a hazard and it will buy the thirty days if the board wants to give thirty days? DIRECTOR BUILDING & CODES, MR. HATIN-Obviously securing the structure eliminates the immediate hazard to anybody who enters the property? SUPERVISOR STEC-So it is safe right now the most important thing I’m asking is right now it is safe? DIRECTOR OF BUILDING & CODES, MR. HATIN-Right. The bigger problem is what the building is going through as it sits there. That is basically there is mold, mildew, the roof leaks, water damage is occurring every time it rains, every time it snows in winter time so the building is deteriorating as it sits nothing to say it won’t collapse further so I don’t think you want to let it sit there for a long period of time. SUPERVISOR STEC-In your opinion is thirty days reasonable? DIRECTOR OF BUILDING & CODES, MR. HATIN-I think thirty days is enough time for Mr. Murray to figure out what he is going to do with the building. At that time we should have some type of resolution, I would hope. COUNCILMAN BREWER-Make it for? th SUPERVISOR STEC-August 15 would be the closet. MR. MURRAY-I have no disagreement with the fact that most, if not all of the building has to be torn down. It’s just the part that I went in and boarded up if there is not enough left to reconstruct. It’s just a matter of me finding somebody with a backhoe to pull it down. I have a demolition permit, which I haven’t filled out because I’m not sure of how to answer the questions. I don’t think there is any asbestos there. If I hire somebody with one of these big dumpsters I don’t know where he is going to put the material so I really can’t answer these questions. I do want to work I’m not trying to run away and hide from the scene. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 537 SUPERVISOR STEC-We appreciate that MR. MURRAY-I will certainly work with Dave…. SUPERVISOR STEC-Mr. Murray I was surprised frankly because we don’t often see when we start chasing down a property like this that you sought us out within minutes, hours of finally it catching up to you. In these situations sometimes it does take a while for us to find somebody. You did run up down right away and you’ve been very direct about hey, you are looking to cooperate we certainly appreciate it. th COUNCILMAN STROUGH-I for one would be willing to table this until August 15, I think that’s reasonable. SUPERVISOR STEC-Is everyone in agreement on that. COUNCILMAN BREWER-I think that’s reasonable. COUNCILMAN TURNER-Yeah. SUPERVISOR STEC-We’re going to pull this tonight and tabled it to the fifteenth. COUNCILMAN BREWER-Why don’t we have some kind of resolution that this will th happen by August 15? th MR. MURRAY-I will be back here for sure on August 15. TOWN COUNSEL, HAFNER-We will just bring this resolution back on the fifteenth. SUPERVISOR STEC- A lot of the questions that you have that you mentioned tonight about demolition that is something that Code Enforcement Dave can certainly help you th, with that’s right up his alley. We will table this one if necessary until August 15 Dave will let us know. If it’s all taken care of and under control then we won’t see you at all. COUNCILMAN BOOR-Certainly notify us as soon as possible then we won’t put it on the agenda if we don’t have to. Thank you. HEARING UNSAFE STRUCTURE – ALAN PERKINS 52 HOWARD STREET PRESENT DIRECTOR OF BUILDING & CODES, DAVE HATIN DIRECTOR OF BUILDING & CODES, MR. HATIN-I had no contact with the owner or any representative of the owner. As of last week, I visited the property it was unsecured you could gain access to the mobile home. There is a strong animal smell from the inside assuming some type of cats or dogs. From what, I could see from the doorway the place was pretty much trashed inside. It is going to be a matter of you authorizing me I guess at the end of a certain time frame to remove it. In the meantime I’ll get prices to see what that would cost. SUPERVISOR STEC-The resolution that we have before us after conducting tonight’s th hearing is that we would be giving the owner until August 15 to complete the removal th process by five o’clock p.m. August 15. You’ve been trying for some time to track down the owner with no success? DIRECTOR OF BUILDING & CODES, MR. HATIN-There is actually a bench warrant issued out of Queensbury Court right now because of his failure to appear in court on a court summons. SUPERVISOR STEC-The resolution just so that everyone is clear 52 Howard Street they would be ordered to begin removal immediately and complete the removal by five ‘clock th p.m. August 15, this is based on our Health Officers input as well as Dave Hatin our Code Enforcement input, Dave do you have anything else to add? REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 538 DIRECTOR BUILDING & CODES, MR. HATIN-Typically, I think Counsel recommended that we seek a Supreme Court Action before we were to physically remove th this from the property. It would have to come back to you after August 15 or on that date. SUPERVISOR STEC-Understood. COUNCILMAN BREWER-What about securing until the fifteenth so that nobody could get in there? COUNCILMAN BOOR-Do we have the authority to do that? DIRECTOR BUILDING & CODES, MR. HATIN-I think you can authorize that. TOWN COUNSEL HAFNER-In the second resolve it says, if the structure is not removed by then the Town Board authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to remove the structure. COUNCILMAN BOOR-That’s by then. SUPERVISOR STEC-That doesn’t address the first question. TOWN COUNSEL, HAFNER-I was going to add a second part to that. I was going to say and/or secure the building for safety. SUPERVISOR STEC-The board says they want it secured tomorrow. COUNCILMAN BOOR-Not the fifteenth. COUNCILMAN BREWER-Sooner than later. COUNCILMAN BOOR-And can we do that? TOWN COUNSEL HAFNER-You as a Town Board find that there is an immediate health risk or safety risk. COUNCILMAN BOOR-Just from the number of kids playing in the area. TOWN COUNSEL, HAFNER-That’s the type of information that we need on the record. COUNCILMAN BOOR-I was there today there was like a lot of kids playing in the area. If the thing is wide open definitely we want to have it so that can’t get inside. COUNCILMAN BREWER-I think we need to secure it. SUPERVISOR STEC-Bob this is what I would suggest. In the second resolve to make the additions that you did up to and including Supreme Court Action. Then, I think you need to insert another resolve right after that one saying that the Code Enforcement is directed to take action necessary to secure the structure and make it safe due to children playing in the area at its earliest convenience. COUNCILMAN BOOR-What’s going to be entailed to secure it? DIRECTOR OF BUILDING & CODES, MR. HATIN-We can take care of that it’s not a problem. TOWN COUNSEL HAFNER-You have authority to do so if you find there is a safety thing children playing in the area is exactly what this is for. RESOLUTION ORDERING REMOVAL OF UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY ALAN PERKINS AND LOCATED AT 52 HOWARD STREET REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 539 RESOLUTION NO. 324, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a structure on property owned by Alan Perkins located at 52 Howard Street in the Town of Queensbury (Tax Map No.: 301.20-1-32.2) and found that the building is generally in disrepair, unusable and unsafe, and WHEREAS, the Director has advised the Town Board that he has been unable to contact Mr. Perkins and a Town Court action has been initiated, and WHEREAS, the Town’s Health Officer has advised the Town by letter dated June th 7, 2005 that there is a significant amount of mold and mildew in the building and therefore in his opinion the property is also a public health hazard, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to remove the structure, and th WHEREAS, on June 20, 2005, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and th WHEREAS, the Town Board held a hearing concerning this property on July 11, 2005 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Alan Perkins to immediately begin removal of the structure located at 52 Howard Street in the Town of th Queensbury and complete the removal process by 5:00 p.m., August 15, 2005, and BE IT FURTHER, RESOLVED, that the Town Board further orders that if Mr. Perkins does not th remove the structure by August 15, 2005, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make all necessary arrangements to secure the structure, i.e., board it up and make it safe for children playing in the area, at the Director’s earliest convenience, and REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 540 BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the removal, including legal expenses, if necessary. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None CORRESPONDENCE DEPUTY CLERK O’BRIEN-The Town Clerks Monthly Report for June on file Town Clerks Office and the Landfill Monthly Report for June on file Town Clerks Office. WARREN COUNTY SUPERVISOR REPORT – SUPERVISOR MIKE BARODY SUPERVISOR BARODY-Spoke to the board regarding the following topics. Tourism- ththst Travel Expo will be held August 29, 30, and 31. This is a great opportunity for us to showcase Queensbury, Glens Falls, and greater Warren County area to all of the tour operators so we can see more of the type of events that you have seen with the buses at the Civic Center. One coming is the Fire Chief’s Conference. On Thursday a meeting will be held of the Executive Host Committee for the Fire Chief’s Conference to begin preparation for next years meeting. Events of this size there is at least a whole year preparation of work that goes into planning a successful event like this. Spoke to the board regarding making some decisions on where we’re going with tourism and what kind of commitment we want to continue to have in this area as it relates to having a Conference Center of some kind for Warren County. If we want to continue to bring events of this nature in the area we have to have the vendor set up for them and vendor space for them. Occupancy Tax-Final total for the occupancy tax collected for 2004. As reported by the Treasurer we collected $2,597,871.00 for 2004. There are 259 businesses that are registered and paying the occupancy tax. As we continue to grow events and bring more people to the area that number will continue to grow. Informational Technology-Have made great strides this year hired some very talented people saved hundred of thousand of dollars in various areas because of the upgrade up technology at the County level sees this as a five year process. Looking to redevelop the County website asked for people to visit the website any suggestion emails them in. Property Taxes-Overdue taxes every County handles them differently. In Warren County try not to take any properties that they don’t have to taking a look at this process to see if we’re bending over to far. There are seventy six people that are making installments payments on different various pieces of property of those there are twenty one currently in default. Councilman Boor-Questioned how many commercial, how many residential? Supervisor Barody-Waiting for the breakdown will bring back in the next report. Two things we should look at further commercial and private property how much we’re owed. Social th Services-Press conference to be held July 13, at the County Building to announce Operation Clean Sweep. This is project between Social Services and Kate Hogan’s Office. Putting together team there will be an investigation to combat fraud in the Medicaid area. This is a base year for charging the counties on a go forward basis Medicaid matching money. We are really trying to make sure that we have just the people in the system that deserves the service. Hired some additional staff to work the cases this year further Operation Clean Sweep is going to take it a step further where we need to. Currently have five cases that are ready for prosecution and forty cases that are REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 541 on going with investigation Warren County Health Department-The Division of Public Health received a perfect survey with no deficiencies noting this is very hard to achieve noting very proud of these folks. Presented picture to board regarding the newly mounted Air Shark at the Airport this was given to us was completely restored. On th August 19 there will be a dedication at the Airport. Pictures presented to board regarding the devastation from storms on County Roads. This Wednesday follow-up DPW meeting to see what the schedule is for the rest of the year. Supervisor Stec and Mr. Bardoy will be there committed to see that the Queensbury projects receive all the attention they need. Supervisor Stec-Supervisor Barody took feedback back to the DPW noting they do intend to keep the schedule on the bike lanes on the West Mountain Road and Corinth Road. Councilman Boor-Questioned if Mr. Barody received phone calls from people along Lake George that have considered the new proposed Village? Mr. Barody hasn’t gotten a lot feedback on this issue. Councilman Boor-Surprised that the approach hasn’t been at the County level with the Queensbury Supervisors. If one of the things being sought is a proportional scale of sales tax based on property value that would be a County issue. Supervisor Stec-Has heard from a half of dozen people. The majority of the information he has received has come from the newspaper. Has taken the initiative asked Town Counsel to look at the legal issues. Budget Officer, Jennifer Swtizer and Joan Parsons from the County are working on this to make sure we have an accurate financial picture. Tomorrow will have a conversation with the County Attorney to make sure that the County Attorney is starting to think about this. Supervisor Barody-Will make sure we kick up the interest in this area. PRIVILEGE OF THE FLOOR LEO RIGBY-WILLOW ROAD- Spoke to the board regarding his concern with the situation of the dam at Butler Storage Reservoir on the Watershed property regarding the severe leaks in the dam. If the dam were to go Butler Brook would severely flood noting this runs around Bonner Drive runs into Rush Pond. This is Glens Falls property it falls along the lines with being addressed with Glens Falls asked the board for help in addressing this matter. COUNCILMAN STROUGH-Noted two years ago the City did an engineering review of these kinds of things doesn’t know what happened to this. COUNCILMAN BOOR-There is a lot of earth sections that aren’t looking very good. MR. RIGBY-If you go up higher to Butler Reservoir there are issues there as well. SUPERVISOR STEC-Will look into this. MR. RIGBY-Now would be a good time to address issues particularly with what has happened at Hadlock Pond. Asked the status of the litigation with Glens Falls regarding the LC10A-to LC-42 acres? SUPERVISOR STEC-That is the meeting that took place a couple weeks ago. The City did agree to hold off in pursuing their litigation in hopes that the middle ground would be reached. There is no time line anymore as to when this might happen. The idea is as long as the two municipalities are content that we are moving in a direction towards some sort of resolution to it that the City will set aside litigation. This started two weeks ago it will continue to grow in scope and composition in the next couple of months. COUNCILMAN BOOR-It is PR-42, Parkland Recreation. The LC we never went through it was dropped. ATTORNEY BRUCE LIPINSKI-Law Firm of Bartlett, Pontiff, Stewart and Rhodes- Presenting Mr. Frank Parillo. Spoke to the board regarding the Town is considering litigation against Mr. Parillo over a matter involving some of his property on Bay Road. Mr. Parillo had a number of acres on Bay Road he wanted to sell one parcel with a house on it, but in order to do that you have to meet the forty two acre zoning. Obtained a letter from Craig Brown allowing for a lot configuration. We obtained a permit from the APA to allow it as well. Then proceeded to sell the parcel noting a problem has arisen because REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 542 part of the condition of Mr. Brown’s reconfiguration letter was that the remainder of Mr. Parillo’s parcel was to be merged into land across Bay Road. We attempted to do this with tax mapping. Received some assurances that would occur filed a merger deed then the County decided not to merge those parcels. As far as we’re concerned the parcels are merged and it’s all one lot. The only problem is it doesn’t show that from the tax map. We have made a number of efforts to resolve this with Mr. Brown we think it can be resolved. John Lapper spoke with Bob Hafner today regarding possible ways of resolving this. Asked that the board hold off on the litigation for sixty days they can sort this out and get this matter resolved. TOWN COUNSEL, HAFNER-Spoke with John he said we could try and have a meeting to resolve this before the next Town Board meeting, which will be two weeks. SUPERVISOR STEC-Informally polled the board if the board would be agreeable noting it sounds like two weeks is reasonable to most of us. To pull this from tonight’s agenda having that meeting maybe resolving this or maybe not if we can’t then bring the same resolution back in two weeks for consideration. COUNCILMAN BREWER-Asked Counsel if he thinks this can be resolved without the board being there? TOWN COUNSEL HAFNER-Believes he can. It was clear from the people he talked to that if we can’t resolve it before the next meeting to a way that is satisfactory to the board and Craig and Marilyn I’m to bring back the resolution that we have tonight for you to face in two weeks. Recommended giving time to work with Bruce and John to try and resolve this. SUPERVISOR STEC-We would prefer to resolve this without litigation. (Resolution pulled) PLINEY TUCKER, 41 DIVISION ROAD-Questioned the resolution regarding Mr. Parillo, part of the litigation on the Towns side do they go for recovery of the cost of taking these cases to Supreme Court? TOWN COUNSEL, HAFNER-When we can, we do usually. The rule is in the United States that each side pays for their own litigation costs unless there is some contract or something that awards it otherwise. MR. TUCKER-Questioned the $500,000 that was received from the State for underground utilities if this was going to the County or Town or Niagara Mohawk. SUPERVISOR STEC-Not prepared to answer that question it wouldn’t be going to a private entity. It would be coming to the County it might be a pass through it wouldn’t go directly from the State to Niagara Mohawk. MR. TUCKER-These funds come from the County and the County passes them on. Noted the situation on the Corinth Road the utilities are underground there are a lot of people who will have to come up with a couple thousand dollars to put the power under to their houses? SUPERVISOR STEC-Specifically these grants they pay to make that connection. A homeowner on Main Street isn’t going to have to pay a couple thousand dollars to tie in underground, it is allowed under the grant. MR. TUCKER-Asked the status of the Niagara Mohawk property? TOWN COUNSEL, HAFNER-We did receive some maps that we had asked for and some questions have arisen. MR. TUCKER-Questioned the meeting with the bank regarding the Library financing, questioned if the public would have input on this? REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 543 SUPERVISOR STEC-The Town Board at the next Workshop Meeting on the eighteenth will be discussing this. The three municipalities have to agree on the same method noting he sent the Mayor a letter that there will be a meeting on the eighteenth. The Library would like to have an answer shortly after the eighteenth. I will call Harry Gutheil. The three municipalities need to make our own decisions get them to the library and then kind of coordinate amongst the three of us which way we are going to go. Staff will do research on that this week and discuss it with the Town Board next Monday night. MR. TUCKER-Will the public be informed? SUPERVISOR STEC-Workshops are opened to the public. No action will be taken in the workshop. There will be plenty of opportunity to make sure the public is informed. JAMES GOODSPEED, 32 PINION PINE, QUEENSBURY-Questioned if Big Butler is Halfway Brook? SUPERVISOR STEC-That is Halfway Brook. MR. GOODSPEED-Where is the water coming from that? SUPERVISOR STEC-It is coming from the Keenan Reservoir, which is another reservoir that also has a dam. There is the Keenan, Wilkey… COUNCILMAN BOOR-They all go in there. SUPERVISOR STEC-They actually do drain under West Mountain Road and down towards Rush Pond not into Halfway Brook. There is actually three Butler’s. There is Big Butler, Little Butler, and Butler intake. Butler intake is where the pipe comes and goes down to that little chlorination building next to Prospect School on Aviation Road. It actually does pipe it down Aviation Road, but the natural flow of that would be down under West Mountain Road and then down along Shallow Creek and Bonner Drive then into Rush Pond. The Halfway Brook is coming from the Wilkey Reservoir. The Wilkey Reservoir is located closer towards Fuller Road. There is a Wilkey intake, which is up near Thunderbird Drive and Easy Street. It flows from Wilkey down to the Wilkey intake and then down behind Easy Street near the snowmobile trail parking lot. Then that goes onto the eight hundred and eighty eight acres of PR-42 zoning between Peggy Ann and Potter Road so that’s Halfway Brook there. MR. GOODSPEED-Questioned if the water initially comes from Big Butler to Wilkey? SUPERVISOR STEC-They are two separate drainages. MR. GOODSPEED-Concerned with this issue. If you have ever seen the water in Halfway Brook when it’s released or when there is a lot of water there are hundred of homes there that could have a real problem. Thanked Supervisor Stec and Councilman Strough, encouraged the other board members to sign on to the fact of what they are doing with Corinth Road, West Mountain Road, and Rush Pond. Thinks it is great for recreation and life safety issue with runners, bikers, and walkers. SUPERVISOR STEC-The long term version is that all of this gets link together at one point that you would have a very large bike and pedestrian loop. TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Thanked Bay Ridge and North Queensbury Fire Departments for allowing people to use the fire stations as shelters. COUNCILMAN STROUGH-Spoke to the board regarding telecommunications issues. SUPERVISOR STEC-Forwarded information to Counsel from Time Warner regarding the buyout. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 544 COUNCILMAN STROUGH-Spoke to the board regarding the National Night Out in Crandall Park, Glens Falls. It will be a crime prevention public awareness event. To be nd held August 2, from 4:00 p.m. to 9:00 p.m., will be opened to the public Spoke to the board regarding complaint received regarding a Tree Service Company working on Aviation Road at 6:30 a.m. constituent asked the Town to make a law restricting the hours of this type of activity. Made plea to companies like this that six o’clock in the morning might be deemed unreasonable by some people especially in a residential area. COUNCILMAN BOOR-Should be careful in cases like this especially if there is an emergency situation. COUNCILMAN STROUGH-Spoke to the board regarding the Warren County Economic Development Corporation plans to go ahead and apply for a Brown Field Opportunity Grant. Most of the conversation focused on the Ciba-Geigy site and how we would like to developed it. Read magazine where another community was developing a site similar to what we have with Ciba-Geigy and they are going to market it as a Nanotechnology Center. We might be able to benefit by marketing this as a Nanotechnology Center. The Luther Forest Campus they are predicting they will have their first operation up and going by 2008. Spoke with someone from the State asked him about the highway improvement program that is going from the Northway into Luther Forest only thing needed is the Governor’s signature. Spoke to the board regarding the Queensbury Senior Citizens Events, noted that Eleanor Oudekerk is the President. If interested in joining contact Kathleen Kathe at 761-8224. Thanked Supervisor Stec for sending letter to the AGFTC. Spoke to the board regarding his attendance at Queensbury Recreation Commission Meeting. They will be upgrading Hovey Pond they have a Master Plan they will be pursuing this in phases. Ridge/Jenkensville paving and parking lot is completed. Tennis and basketball court surfaces have been paved and inspected. Hudson Pointe Nature Preserve. Asked if the bridge has been delivered? COUNCILMAN BREWER-Not yet. Mr. Hansen has assured me he would let me know the day they do it. SUPERVISOR STEC-Spoke to the board regarding Hovey Pond. One of the improvements that are going to be taken place this week is the addition to the Boardwalk. For the next three days they will be out there working on improving and adding on to the Boardwalk. COUNCILMAN TURNER-Highway was supposed to start paving program today. Highway spends in each Ward a hundred thousand dollars a year for paving noted his concern with the price increase with petroleum what it will do with the paving program. COUNCILMAN BOOR-Kudos to Bay Ridge and North Queensbury Fire Departments regarding the Hadlock Pond issue. Thanked Highway Superintendent, Rick Missita and Deputy Highway Superintendent Mike Travis for stripping Jenkensville Park. SUPERVISOR STEC-Spoke with the board regarding the Town’s website, www.queensbury.net Thanked TV 8 and Glens Falls National Bank for televising the meetings. Spoke to the board regarding the realignment of Meadowbrook Road noting the property owners have come to terms, which clears the hurdle for realigning the northern end of Meadowbrook where it intersects with Haviland Road. This would bring the intersection approximately three hundred feet further to the east greatly increasing sight distances so you will have a straight away in both directions. RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :325, 2005 REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 545 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire three (3) temporary Laborers to work for the summer for the Town’s Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Thomas Esford, Tyrone Bapp and Norman Wilcox as temporary Laborers to work 18 weeks this summer for the Town Highway Department commencing on or about July th 12, 2005, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in Town Board Resolution No.: 610,2004 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING HEARING ON SUTTON’S MARKET PLACE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 326, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 546 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, Sutton’s Market Place (Sutton’s) has applied to the Local Board of § Health for a variance/waiver from 136-44, as Sutton’s has requested a two-year exemption from the Town’s connection requirements to connect Sutton’s Furniture Store, Toy Cottage and residential house properties to the Town of Queensbury’s Route 9 Sewer District, as neither the Furniture Store nor Toy Cottage offers facilities to the public and Sutton’s feels the current one-person facility in each building is for employee use only, making water usage very minimal, each building has its own 1,000 gallon, properly functioning and well- maintained septic tank, and so it would not be cost effective to connect to the Town of Queensbury, and the residential building is located at least 1,500’ from the sanitary main and has a properly installed and fully operational system in back of the house, all as more th fully set delineated in Sutton’s June 17, 2005 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold st a hearing on August 1, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Sutton’s Market Place’s sewer connection variance/waiver application concerning the properties delineated in the preambles of this Resolution and located at 1066 State Route 9, Queensbury (Tax Map No.: 296.9-1-10), and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to Sutton’s Market Place as required by law. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 547 COUNCILMAN STROUGH-I’m not comfortable giving a permanent extension to something like this times change, owner change recommended a five year waiver. After five years we will reconsider either five years or a change of use whatever occurs first. DIRECTOR OF WASTEWATER, MIKE SHAW-I think you will see a number of these in the next month and a half. Some people haven’t completed their connections to the th date we had the original date as September 8, they had a year from that period to th connect which would be September 8, 2005. After the hearing it is up to the board to decide on how to handle this. The people need to understand that they full charges as they are connected. They will not only pay the bonding charge the mortgage they also pay the O & M charge as they are connected if the board does decide to give them a year extension or whatever. The only thing they are saving is the connection charge the piping. COUNCILMAN STROUGH-Asked if there is a significant issue if we give Sutton’s what they are requesting or a three year or five year waiver? DIRECTOR OF WASTEWATER, MR. SHAW-It doesn’t hurt us at all because they are going to be paying as if they were connected even the O & M charge. In Sutton’s case some the buildings on the parcel are connected already. SUPERVISOR STEC-Questioned the options for the time of waiver they can grant? TOWN COUNSEL HAFNER-The Town Code has two options. One is for the Town Board to grant a short term up to two years exemption there are certain things you have to meet for that. Second that is a permanent one. DIRECTOR OF WASTEWATER, MR. SHAW-The only time we did a permanent one was in the original Quaker Road Sewer District years ago where some of the parcels are connected into the City. TOWN COUNSEL, HAFNER-It’s unusual, but like Mike said there is no harm to the Town because they are still paying the sewer district charges. You could change the Code. SUPERVISOR STEC-Is there anything in the current code that would prevent us from renewing it every two years forever? DIRECTOR OF WASTEWATER, MR. SHAW-You might want to put a stipulation in there in John’s case he is saying, what if tomorrow morning this turns out to be something else on this property. COUNCILMAN BOOR-If we could tie it to a use change, which might indicate the septic they are actually using isn’t going to handle this new usage. We’re going to mandate that with the usage change with the public using this you will now hook up. TOWN COUNSEL HAFNER-You can do that. COUNCILMAN STROUGH-We have either two years or if there is a change of ownership or use they would come before us again. WASTEWATER DIRECTOR, MR. SHAW-If they currently have a septic system and it fails they shouldn’t be allowed to reconnect to the septic. COUNCILMAN STROUGH-It is almost seems like we need to draw up a resolution that addresses all of this. TOWN COUNSEL, HAFNER-This is only setting the public hearing. You guys give us input we can make sure that your resolution in two weeks deals with your concerns. SUPERVISOR STEC-We could limit it two years, tie it to a failure, or change of use. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 548 TOWN COUNSEL HAFNER-The Town Code says they can come back during that two year period and ask for another extension so they can keep doing it. WASTEWATER DIRECTOR, MR. SHAW-Recommended treating them all the same to keep track of them, board in agreement. TOWN COUNSEL HAFNER-The Notice of Hearing has to be changed to two year exemption. RESOLUTION SETTING HEARING ON THE GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 327, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Great Escape Theme Park, LLC (Great Escape) has applied to the § Local Board of Health for a variance/waiver from 136-44, as the Great Escape has requested an extension of time until May 2007 (2007 Season) in which to complete the connection of Great Escape owned properties to the Town of Queensbury’s Route 9 Sewer District, as the Great Escape is presently undergoing a multi-phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer District and a majority of the new sewer installation involves routing new sewer collection main around, through and between existing buildings, facilities, buried utilities and sensitive natural features, with such sewering requiring construction in excess of 8,000 feet of collection sewer to serve approximately 60 separate facilities, as more fully set delineated in Jarrett- st Martin Engineers, PLLC’s June 1, 2005 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold st a hearing on August 1, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Great Escape’s sewer connection variance/waiver application concerning its properties located at: REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 549 1. The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12-1-4); 2. Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61); 3. Martha’s Ice Cream & Motel, 1133 State Route 9, Queensbury (Tax Map No.: 295.12-1-3); and 4. The Great Escape Theme Park, LLC, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20); and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Great Escape as required by law. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED CAPITAL PROJECT - DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS ON NORTH SIDE OF FORT AMHERST ROAD AND FOR SIDEWALK REPAIRS IN BROADACRES NEIGHBORHOOD RESOLUTION NO.: 328, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board authorized the bidding for design and construction services of curbs and sidewalks on the north side of Fort Amherst Road in the Town of Queensbury, more specifically as follows: approximately 1,550’ (±) of curbs on Fort Amherst Road; and 1) approximately 1,617’(±) of sidewalks on Fort Amherst Road; 2) and REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 550 WHEREAS, the Town Board also authorized the bidding for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood more specifically as follows: approximately 278’ x 5’ (±) of sidewalks on Coolidge Avenue; and 1) approximately 437’ x 5’ (±) of sidewalks on Broadacres Road; and 2) approximately 348’ x 5’ (±) of sidewalks on Luzerne Place; and 3) approximately 494’ x 5’ (±) of sidewalks on Pershing Road; and 4) approximately 625’ x 5’ (±) of sidewalks on Ashley Place; 5) and WHEREAS, the Town Purchasing Agent and Town Deputy Highway Superintendent duly followed the proper procedures for bidding such work on behalf of the Town and the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent and Deputy Highway Superintendent advised the Town Board that A.J. Catalfamo Construction Company, Inc. (Catalfamo) was the lowest responsible bidder for both projects, and WHEREAS, the amount Catalfamo submitted for the design and construction services of curbs and sidewalks on the north side of Fort Amherst Road is proposed to be for an amount not to exceed $30,457.50 for the approximately 1,550 (±) of curb line replacement, and for an amount not to exceed $38,808 for the approximately 1,617’ of sidewalk replacement, and WHEREAS, the amount Catalfamo submitted for the repair of approximately 2,182’ (±) of individual sidewalks in the Broadacres Neighborhood is proposed to be for an amount not to exceed $54,331.80, and WHEREAS, such proposed repairs/replacement are to be part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, 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 July 25, 2005 to hear all interested persons and take any necessary action provided by law REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 551 concerning establishment and funding of the proposed capital project for the repairs/replacement of curbs and sidewalks on Fort Amherst Road and the Broadacres neighborhood as delineated in the preambles of this Resolution, 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 concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED REPLACEMENT OF POWER PAK 2 RETORT REFRACTORY AT PINEVIEW CEMETERY CAPITAL PROJECT RESOLUTION NO.: 329, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Cemetery Superintendent has advised the Town Board that it is necessary to replace the Power Pak 2 Retort Refractory at Pineview Cemetery (Project) as discussed in a Town Board workshop and set forth in the Cemetery nd Superintendent’s March 2, 2005 Memorandum to the Town Board, and WHEREAS, such proposed Project shall not exceed the amount of $18,533 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 552 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 July 25, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment of any required capital reserve account and the funding of the proposed replacement of the Power Pak 2 Retort Refractory at the Pineview Cemetery Capital Project, 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 concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT : None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED PURCHASE OF ACCOUNTING SOFTWARE FROM MUNIS RESOLUTION NO.: 330, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has received a request from the Town’s Budget Officer to purchase new Accounting Software to replace the current software as discussed in a Town Board workshop and set forth in numerous memos from the Budget Officer, and WHEREAS, such proposed purchase shall not exceed the amount of $165,000 and is requested to be a part of the Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town’s recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 553 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 July 25, 2005 to hear all interested persons and take any necessary action provided by law concerning establishment of any necessary capital reserve account and the funding of the proposed purchase of new accounting software from MUNIS, 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 concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF COST CONTROL ASSOCIATES TO AUDIT UTILITY BILLS RESOLUTION NO.: 331 , 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to engage the services of a consultant to audit the Town’s electric, natural gas and telephone utilities as previous audits have resulted in significant recovery of past over-billings as well as reductions in ongoing utility billings, and WHEREAS, in the past the Town Board has engaged the services of Cost Control Associates to perform these auditing services and have been very pleased with its services, and WHEREAS, Cost Control Associates will be compensated for its services from refunds received by the Town and future utility savings in a fashion similar to the previous contract with them, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 554 RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the auditing services of Cost Control Associates and further authorizes and directs the Town Supervisor to sign an agreement in form satisfactory to the Town Supervisor, Town Budget Officer and Town Counsel, with the costs of the auditing services to be paid for from recovery of past utility over-billings as well as reductions in ongoing billings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO HIGH LIFT WATER PUMP VARIABLE FREQUENCY DRIVE RESOLUTION NO.: 332, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town’s Water Superintendent has advised that one of the Town’s variable frequency drives for a high lift water pump was damaged during a momentary electrical power fluctuation and the pump is one of two that is essential to the Town’s Water Treatment Plant Operation and without such pump, the Town cannot meet the demands of its water customers, and WHEREAS, the cost of such needed emergency repairs by the manufacturer will cost approximately $37,000, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 555 RESOLVED, that the Queensbury Town Board hereby determines that the repair of this pump is an emergency repair needed to provide water to the Town’s residents and certain neighboring municipalities, and such repairs should be made as soon as possible, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the repair of one of the Town’s variable frequency drives for a high lift water pump as delineated in this Resolution, in an amount not to exceed $37,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment be made through the transfer of $37,000 in funds from Capital Construction Account No.: 40-8340- 2899 to Plant Maintenance Account No.: 40-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, transfer funds and/or take any action necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 AND INCREASE IN CONTRACT COST AND PAYMENT TO TRINITY CONSTRUCTION, INC. IN CONNECTION WITH WATER MAIN REPLACEMENT ALONG BAY ROAD AND INSTALLATION OF WATER MAIN CONNECTOR AT COUNTRY CLUB ROAD AND WINCREST DRIVE PROJECT RESOLUTION NO.: 333, 2005 INTRODUCED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 556 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 169.2004, the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (CT Male) for design phase, contract administration phase, construction observation and easement preparation services in connection with the Bay Road Water Main Replacement Project, and WHEREAS, by Resolution No.: 489,2004, the Town Board authorized engagement of C.T. Male for additional design services and preparation of engineer’s report for an additional connection between the water main on Country Club Road and the water main on Wincrest Drive, and WHEREAS, by Resolution No.: 49,2005, the Town Board authorized such additional improvements to the Queensbury Consolidated Water District, and WHEREAS, by Resolution No.: 156,2005, the Queensbury Town Board accepted and awarded the bid for construction of the Bay Road Water Main Replacement Project Contract No. 1 – General Construction for the Water Transmission System Improvements Project from the lowest responsible bidder, Trinity Construction, Inc., for an amount not to exceed $336,593, and WHEREAS, by such Resolution the Town Board also authorized and directed the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract in the total amount not exceeding $20,000 that he deemed necessary or appropriate, and WHEREAS, the Water Superintendent has advised the Town Board that he has executed Change Order No. 1 in connection with the Project for the amount of $19,750, and WHEREAS, the Water Superintendent has further advised that an additional Change Order No. 2 is needed in this Project to cover additional rock excavation on Bay Road, additional blacktop replacement above the original estimated quantities listed in the contract and all remaining contract payment items that were over and under the estimated quantity not previously covered by Change Order No. 1, and WHEREAS, Town Board approval is required for Change Order No. 2 as it is in the amount of $34,364.79, and WHEREAS, the Town Board wishes to authorize Change Order No. 2, and REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 557 WHEREAS, the total cost of the Project will not exceed the original estimated maximum cost of the Project as detailed in the Map, Plan and Report and Public Hearing Order (Resolution No.: 42,2005), NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Change Order No. 2 and the $34,364.79 increase in spending for work required under Bay Road Water Main Replacement Project Contract No. 1 – General Construction for the Water Transmission System Improvements Project payable to Trinity Construction, Inc., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment in connection with Change Order No. 2 in the amount not to exceed $34,364.79 shall be made through the transfer of $34,364.79 in funds from Capital Construction Account No.: 40- 8340-2899 to Capital Construction Account No.: 147-8340-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, transfer funds and/or take any action necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Water Superintendent to execute Change Order No. 2 and further authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer and/or Town Counsel to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2005, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 558 RESOLUTION ADOPTING RULES AND REGULATIONS CONCERNING SHORT-TERM OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT RESOLUTION NO.: 334, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 291 of 2002, the Queensbury Town Board enacted Ordinance No.: 1 of 2002 entitled, “Ordinance Restricting Outdoor Water Use in the Shore Colony Water District,” (Ordinance), and WHEREAS, under Town Law §198(3)(c), the Town Board has the power to adopt ordinances, rules and regulations for operation of the Water District and use of water within the Water District, and WHEREAS, under the Ordinance at §1, use of water for outdoor purposes, including but limited to, lawn and garden watering, car washing, swimming pool and pond filling, and filling of decorative fountains is permitted only through the use of a handheld hose actually held in a person’s hand, and WHEREAS, the Town of Queensbury Water Department has represented to the Town Board that there are occasions when, without compromising the water supply available for the water district, the Town may wish to allow Water District users to use automatic watering systems (i.e., sprinklers) or other water delivery systems for short periods of time and with appropriate restrictions in place, and WHEREAS, the Town Board has determined that it is appropriate to allow such short-term agreements provided that the Water District user reimburse the Water District for the value of the water used, and WHEREAS, the Town’s Water Department is able to calculate, based upon the prior year’s cost for operation of the Water District and the volume of water to be drawn and the time over which it will be drawn, the fair value to the Water District of any water used, NOW THEREFORE BE IT REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 559 RESOLVED, that the following rules and regulations shall hereafter apply to the Shore Colony Water District (Water District): 1. In the event that a water user in the Water District wishes to use water for an outdoor purpose, for example, lawn and garden watering, car washing, pool or pond filling, or the filling of decorative fountains, by a method other than a hand-held hose actually in a person’s hand, such user may make a request to the Town of Queensbury Water Department for an agreement allowing such use. 2. The Town of Queensbury Water Department shall determine: A. whether sufficient water supplies are available to allow the request without negatively impacting the remaining properties within the Water District; and B. that the requestor has no outstanding fines for violations of the Ordinance and that the requestor is current on payment of Water District charges; 3. The Water Department is then empowered to enter into an agreement with the water user allowing the short-term use of water by such means as the Water Department, in its absolute discretion, shall deem reasonable subject to the following terms and conditions: A. such water usage shall occur only during off-peak usage hours; B. no such agreement shall have a term of greater than 15 days; C. such agreement shall require that the Water District user reimburse the Water District for the fair value of the water as calculated by the Water Department; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Water Superintendent and/or Deputy Water Superintendent to sign such agreements and take all such actions necessary to effectuate this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 560 RESOLVED, that the Town Board determines that in all regards Ordinance No. 1 of 2002 remains in full force and effect, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Water Department to provide notice of the newly adopted rules and regulations to all Shore Colony Water District users. th Duly adopted this 11 day of July, 2005 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 335, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1620-4070-23 001-1620-2001 100. (Maint. Service & Supplies) (Misc. Equipment) th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 561 RESOLUTION NO.: 336, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thth presented as the Abstract with a run date of July 7, 2005 and a pay date of July 12, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of July 7, 2005 and pay date of July 12, 2005 numbering 25-265300 through 25- 311200 and totaling $195,436.64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SEEKING LEAD AGENCY STATUS AND SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY THE MICHAEL’S GROUP, LLC AND BAY MEADOWS CORP. RESOLUTION NO.: 337, 2005 INTRODUCED BY : Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by The Michael’s Group, LLC and Bay Meadows Corp. to amend the Town Zoning Ordinance and Map to rezone property/modify the Planned Unit Development at properties bearing REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 562 Tax Map No.’s: 296.16-1-2.1; 2.2; 2.3; 3.1 and 3.2, located on Cronin Road, Queensbury, New York, 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, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on st Monday, August 1, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the request by The Michael’s Group, LLC and Bay Meadows Corp., to amend the Town Zoning Ordinance and Map to modify the Planned Unit Development at properties bearing Tax Map No.’s: 296.16-1- 2.1; 2.2; 2.3; 3.1 and 3.2 located on Cronin Road, Queensbury, New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA review of this Project and authorizes and directs the Town Clerk and/or Executive Director of Community Development to send a copy of the Long Environmental Assessment Form Part I and certified copy of this Resolution to any and all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law including, but not limited to, the Warren County Planning Board, stating the Town Board’s intention to be declared Lead Agency and notifying the involved agencies of this rezoning application, and BE IT FURTHER, RESOLVED, that the Town Board hereby refers such rezoning request to the Warren County Planning Board for its advisory recommendation in accordance with General Municipal Law §239-m and directs the Community Development Department to take all actions necessary to effect such referral, and BE IT FURTHER, 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 the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 563 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 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 11 day of July, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE EXECUTIVE DIRECTOR, MS . RYBA-Change in both resolutions parcel number should be 2.1. COUNCILMAN STROUGH-The 2005 contract on page 3, it says each townhouse unit will be on a separate subdivided, subdivided lot. Are we dealing with a subdivided, subdivided lot, thinks it’s just a typo. EXECUTIVE DIRECTOR, RYBA-Originally it was going to be senior housing multi- family rental units. Now the proposal is for townhouse development, which would be single family townhouse development, which is on its own lot. COUNCILMAN BREWER-They just own the footprint. COUNCILMAN STROUGH-In referring to the townhouses on the seventy acre lot it says zero permeability, doesn’t think it’s accurate. EXECUTIVE DIRECTOR, RYBA-When we do the staff notes we will go through all of these items. COUNCILMAN STROUGH-With the zero permeability they are saying that footprint of the building will be basically the lot yet they show landscaping. Asked what they would do if someone wanted to extend their deck? In theory they would be extending beyond their property line, noting he has an issue with this. Looked for the Conservation Easement noting it is no where. EXECUTIVE DIRECTOR RYBA-Correct. Typically you do your PUD Agreement; in fact the ones from the earlier PUD took quite a while to put together. Typically you do it after the PUD is approved, knows it is a concern with a number of Town Board members REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 564 this is another thing staff will be discussing with the applicant to put together. It is certainly something the Town Board can require. COUNCILMAN STROUGH-I even made a list for them at the meeting to make sure we we’re all clear on everything and the Conservation Easement was repeated several times. COUNCILMAN BOOR-Spoke with Stuart Baker and Marilyn Ryba regarding this issue noting it has come to his attention that the Golf Course is being marketed for sale. Didn’t want someone buying this looking at the underlying zoning and densities thinking they could come before the board and put more apartments on it. COUNCILMAN STROUGH-That’s why we need the Conservation Easement. COUNCILMAN BREWER-Can we ask for that before we give them approval? TOWN COUNSEL HAFNER-It is a discretionary act by you. That was one of your conditions as I understand. COUNCILMAN BOOR-Spoke with the realtor made it very clear that this board is in agreement on the fact that we want a Conservation Easement or something. COUNCILMAN BREWER-Let them know we are not going to do anything not even going to hear them until we get this. COUNCILMAN STROUGH-All in agreement here. COUNCILMAN BOOR-Agree. COUNCILMAN STROUGH-Generally agreement we are not even going to considered this until we see that drawn up into the contract. SUPERVISOR STEC-Thinks it’s fair. COUNCILMAN STROUGH-You are talking about the other sixty seven point five acres that aren’t going to be developed that are part of the Golf Course. We are going to get the Conservation Easement on the sixty seven point five acres. If the SEQRA appendix page 21 is correct. Reviewed the old contract Queensbury Partners Planned Unit Development Agreement, page 3, paragraph 7, it refers to deed restrictions. That was an agreement that got approved and agreed upon asked if the deed restrictions were filed or do they still exist? COUNCILMAN BREWER-Probably not because they never did it. EXECUTIVE DIRECTOR, RYBA-It’s worth asking that question. COUNCILMAN STROUGH-There was an addendum to the 2002 Queensbury Partners Planned Unit Development Agreement, which was made October 22, 2002. The addendum to the agreement says, page 1, that the owner and developer will also provide the Town with an easement across contiguous property for the purpose of insuring public access. This was not in the new agreement would like to see it in there. The Feasibility Study will need to be updated before it goes to the Planning Board because they still refer to the old plan. When they did the Feasibility Study they used a multiplier of .693 and they used the same multiplier for single family homes this was determining school aged children. They used that local multiplier of .693 for single family homes, duplexes, townhouses and apartments and they justified that you can. Found this interesting recently a developer came before one of the board’s and argued that their apartments were going to not be contributing a certain number of students to the school system that their apartments would be less. Think we need to go with standardized figures. SUPERVISOR STEC-What is the will of the board? REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 565 COUNCILMAN BREWER-Send them a letter saying, if we don’t get the Conservation Easement we are not going to hear it. SUPERVISOR STEC-We do have two back to back board meetings recommended st moving this to August 1, giving them time to get things together. COUNCILMAN BREWER-We can set it for the first and require that the easement be given to us the twenty-fifth. COUNCILMAN STROUGH-Would this interfere with this going before the Planning Board? EXECUTIVE DIRECTOR RYBA-It will go to a Planning Board Meeting in August, but if you wait it will be September. Following resolutions were passed. RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY THE MICHAEL’S GROUP, LLC AND BAY MEADOWS CORP. TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 338, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, The Michael’s Group, LLC and Bay Meadows Corp., have submitted an application to the Queensbury Town Clerk’s Office for modification of a Planned Unit Development/rezoning of certain properties and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, the Queensbury Town Board forwards all applications for rezoning and zoning amendments to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-020 of the Town Zoning Ordinance, and following such recommendations, the Queensbury Town Board reviews the rezoning applications and takes such other actions as it deems necessary and proper, and WHEREAS, the Town Board understands that the reason for this rezoning request is to modify the Planned Unit Development (PUD) at the subject properties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to submit the following application to the Queensbury Planning Board for its advisory report and recommendation: APPLICATION OF : The Michaels’ Group, LLC and Bay Meadows Corp., REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 566 TAX MAP NO: : 2 96.16-1-2.1; 2.2; 2.3; 3.1 and 3.2 LOCATION OF PROPERTY : Cronin Road, Queensbury, New York APPLICATION FOR : Modification to the PUD and BE IT FURTHER, RESOLVED, that upon receiving the Queensbury Planning Board’s recommendation, the Town Board will set a public hearing on this rezoning application. th Duly adopted this 11 day of July, 2005, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES IN MEADOW LANE AREA RESOLUTION NO. 339, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (District) in accordance with New York Town Law, and WHEREAS, the Town Board wishes to maintain and improve the District’s water transmission facilities by replacing existing water mains in the Meadow Lane area east of § Meadowbrook Road and west of Route 9L in accordance with Town Law 202-b, and WHEREAS, by Resolution No. 101, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains on Meadow Lane, Meadow Drive and Meadow View Road in the Town of Queensbury (Meadow Lane Water Replacement Project), and WHEREAS, C. T. Male Associates, P.C., professional engineers, have prepared a Map and Plan concerning the proposed water transmission system improvements together REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 567 with an estimate of the cost of such improvements and such Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is located partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements consist of the replacement of existing water mains in the Meadow Lane area east of Meadowbrook Road and west of Route 9L with approximately 5,870 lineal feet of 8” ductile iron pipe along Meadow Lane, Meadow Drive and Meadow View Road. The lengths of pipe on each road are 1,895’, 2,355’ and 1,620’ respectively. 2. The maximum amount proposed to be expended for such improvements is $1,027,500. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one- or two-family home will not be increased. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, July 25, 2005 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 568 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. th Duly adopted this 11 day of July, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None ATTORNEY MATTERS NONE SUPERVISOR STEC-Two items for Executive Session. There is a medical leave request for an employee. The other item is an update on the Glens Falls Watershed Litigation. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 340, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to discuss a medical leave request and Glens Falls Watershed Litigation. th Duly adopted this 11 day of July, 2005, by the following vote: Ayes: Mr.Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 341, 2005 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 Executive Session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 11 day of July, 2005, by the following vote: Ayes: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None REGULAR TOWN BOARD MEETING 07-11-2005 MTG 32 569 RESOLUTION ADJOURNING REGULAR QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 342, 2005 INTRODUCED BY: Mt. Tim Brewer 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 11 day of July, 2005, by the following vote: Ayes: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor Noes: None Absent:None Meeting Adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury