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2012-10-15 Mtg 23 REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 575 REGULAR TOWN BOARD MEETING MTG. # 23 October 15, 2012 RES. 301-314 7:00 PM BOH 27-28 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS MIKE GENIER, CEMETERY SUPERINTENDENT MIKE SHAW,WASTEWATER DIRECTOR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 301,2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 15th day of October, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer,Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH WILLIAM BALDWIN SEPTIC VARIANCE APPLICATION PUBLICATION DATE: OCTOBER 5, 2012 NOTICE SHOWN REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 576 SUPERVISOR STEC-We set this at our last Town Board Meeting. It's for property located at 24 Joshua Rock Road in Queensbury up on Lake George and their seeking four variances for a new absorption field 72 feet from Lake George in lieu of 100, 73 feet from the well in lieu of 100, three feet from the property line in lieu of 10, and 12 feet from the dwelling in lieu of 20. So with that said I will open the public hearing and I see that Mr. MacElroy with the owner and I'll allow you guys to have your first comments and maybe some Q & A with the Town Board before we take some additional public comment. So the public hearing is open DENNIS MACELROY- Thank you. I am Dennis MacElroy with Environmental Design, representing Bill and Cheryl Baldwin the owners of this property at Joshua Rock Road. This is an old family property in Joshua's Rock compound. As you may know there's a number of different family owned properties that have actually passed through generations to different family members as this has. Bill and Cheryl purchased this property in the mid-sixties from Bill's grandmother. Originally it had been built around the turn of the century, around 1903. A year ago or so when Irene came through the area there was some tree damage, some blow down actually, they had damage to their camp as well. One of the things that happened is that one of tree uprooted and in its removal the tree company had come across what is the drywell or the leach field area of that existing system, and it got Bill concerned about the condition of it and the age of it. He had some repairs to that area done, the ground around it but again still concerned about the condition of the old system, no question about it. The house is served by an old metal septic tank right on the corner and then as the plan indicates the area of the leach field, which really turned out to be a laid up block drywell type of situation COUNCILMAN STROUGH- Is that the circle of stones MR. MACELROY- Correct, yeah it could be a cement block laid up or even rocks laid up to be a recipient of the effluent from the septic tank. We did test pits on the site, and a couple different areas we have constraints from the separation distance to the lake and from a drilled well that's on the property. So,that in combination with trying to satisfy or be as far from those different constraints, the well and the lake COUNCILMAN BREWER- Is the well cased Dennis? MR. MACELROY- Yes it is. I think at the last meeting Ron asked for some well information and I think that should have been passed on to everyone by email; the well log and the DEC data report on that particular well. It's forty feet of casing; the well is five hundred and fifty feet deep. Not unusual really in that east side of Lake George where the wells are deep and not a lot of great yield, but they have an active well that was 2003 I guess it was installed/drilled. So now we have an idea for a replacement wastewater system and it would be an Eljen system, the GSF (geotextile sand filter system), which we've done a lot of around the lake. It uses less of a footprint but it results in high levels of treatment before introduction into the soils. So that's what we feel is the best situation here. We've got that located where we had the best or the greatest amount of depth to rock. There's rock down there and it varies and we did go over in the area of the original field and that was shallow, it's really not, it's two to three feet down before you hit rock. There was a little bit more of a margin in the area that would have proposed the system; so that's what we're suggesting here but as a result, as you see on the plan, it does require a setback relief from the lake and from the well and the two others are relatively minor, the property line setback and the setback to the dwelling, as Dave Hatin indicated to me really may or may not be applicable because there is no basement to this house, and that's usually where he draws the line is whether there's a dwelling that requires a setback on what is normally a twenty foot setback. But, I added it in here since we're here. It was a little bit of a gray area SUPERVISOR STEC-Well, certainly I think just granting relief from that I think it's an easier thing to consider relief from something that is not a basement as opposed to a basement MR. MACELROY- Yeah, there's a crawl space in that area REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 577 SUPERVISOR STEC- I would agree that is of less concern that it would be if there was a basement MR. MACELROY- Yes, the two primary requests here are for the relief to the lake and we've kind of split the difference COUNCILMAN STROUGH- Well, the good news about the well, actually there two pieces of good news about the well, 1) it's up gradient and 2) it's kind of a mixed bag but it is bedrock. I'm going to assume that the bedrock follows the topography, which is that it slopes towards the water MR. MACELROY- Correct COUNCILMAN STROUGH- I was up there at the site today and are you ready for questions Dennis? MR. MACELROY- Yes COUNCILMAN STROUGH- Okay. And I like the E1jen geotextile sand filter two stage with pretreatment, and at least eljen's proclaiming that it has persistence to it. So, it all sounds good, the only thing I was just wondering since we are three and a half feet of soil above bedrock, if and you know how the house is and they just put the new interior of the new porch and the new post and new ceiling MR. MACELROY- Correct COUNCILMAN STROUGH- And they've got the stone patio, and then it slopes down right to the lake. Were you planning on bringing a little fill in and maybe doing two things MR. MACELROY- Leveling COUNCILMAN STROUGH- Leveling it and also giving us a little buffer to the bedrock MR. MACELROY- Correct, correct COUNCILMAN STROUGH- I assumed that you were and usually you have those little cut sheets where you showed, this time you didn't,but that's okay. That's perfect, that's the only thing that I said if he does that and acts that extra measure, not that, I think you did a good job engineering it, but with that extra measure of assurance I feel pretty good that this is a wholesome and good project. The other thing is that cedar shaped place that's not on here, what is that? WILLIAM BALDWIN, OWNER- That's the old ice house COUNCILMAN STROUGH- Oh, is that an old ice house? MR. BALDWIN- Yes COUNCILMAN STROUGH- You keeping that? MR. BALDWIN- Yeah COUNCILMAN STROUGH- Okay MR. BALDWIN- Well, we don't use it for an ice house anymore, but I have tools and things in there COUNCILMAN STROUGH- Yeah, okay well fine, it wasn't on here and I just wondered what it was and I figured it was some kind of just usage shed but it had a little history and that's even more interesting REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 578 SUPERVISOR STEC- Other questions from the Board? COUNCILMAN MONTESI- Dennis, I visited the site a week ago and I'm delighted to hear an Eljen system is going in. I would prefer it to be as far away from the well as possible even though we're down 50 feet with a casing and you've done that and I think with that sophisticated system even though it's in front and going to be closer to the lake I think it's going to serve us well. Certainly better than what we've got MR. MACELROY- Correct COUNCILMAN MONTESI- So,that's an improvement MR. MACELROY- Yeah. Just note that one of the reasons I put all of the trees, the significant trees on the plan, I did that deliberately so that you could see if you hadn't seen the site that there's significant vegetation there, the trees, significant white pines and what not, and the root system; and I think of the up take that then results from that as well. So that's another, I can't point to it in a regulation but in reality it's something that would assist in just the uptake and treatment of that effluent that is treated through the Eljen system but eventually into the native soil and works its way toward the lake. That's just the nature of things, the geology and geography of the situation COUNCILMAN MONTESI- One of the first times that I had, whenever we do a field study we are provided with name tag badges, and for the first time one of your neighbors wanted to know what I was doing there and SUPERVISOR STEC- They're looking out for you. Well, he can look shady, when he's not wearing a tie. Other questions from the Board. Okay, the public hearing is open if there's any members of the public that would like to address... Mr. Salvador JOHN SALVADOR- Good evening, my name is John Salvador for you record, I'm a resident in North Queensbury, not to far distant from this project. The project: this project is simply for a variance, it's got nothing to do with construction of anything. The SEQRA form identifies the project as a wastewater system, there's no wastewater system being approved here tonight. The proposed action is for a modification or an alteration; this is an entirely new project, a new septic system and a new leach field. This is not a modification of anything. Describe the project briefly: it's the installation of a replacement wastewater system, it is not,this is a variance. I noticed that the Baldwin's application was addressed to Mr. Hatin, the Town's Director of Building and Codes. Presumably, this Board has accepted Mr. Hatin's determination that this application is complete. The plan doesn't have any contours on it, there are no dimensions, these buildings are not dimensioned from the property lines. The variance is supported by this plan and the plan is based on a map reference, up in the upper left hand corner if you have your copy. That map reference is dated January 3, 1903 and is titled a map of a survey of the lands of Sharon Davies ... This map came into question at a previous application in this area, and as it was presented, it was challenged and determined to be a fraud. That map is a fraud, it is not stamped by Tom McCormack and he was not conducting surveys in 2003. That map was redone and another surveyor's put on it. Now I have a map, this is a snippet from that map that was dated January 3, 2003 but this was done in 1982. The title block is gone, don't know where it is. I have here however, a map I think the Baldwin's can use, it's a map of a survey of a parcel of land made for Mrs. Blanche Law. I believe that's their predecessor in title and maybe his grandmother, I don't know. But this was done in and last revised in 1956 and it has a stamp on it, and I don't know why this can't be used, okay. This was done by John VanDusen, the predecessors to VanDusen and Steves, it should be available. I will give them the copy I have here. But that reference is not true and should not stand. The application is made and Mr. MacElroy cover letter he talks about for modernization of the pre-existing septic system. What section of chapter 136 establishes the criteria to modernize a septic system, which shows no apparent signs of failure? In addition the application does not have a septic system certification as required pursuant to town code chapter REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 579 179, section 179-3-040 paragraph A5E. Said code requires that regardless of the use that applicants for development activities in a waterfront residential zoning district shall produce for an existing septic system, a professional engineer's certification attesting to the fact that the septic system is in compliance with existing standards and not causing pollution to the ground water. We don't have such a certification here and if we can't than there's maybe reason for this septic system to have been in a failed condition. The components of the existing septic system have been sited, they're on the map here, the steel septic tank is sited and a drywell seepage pit is sited. The drywell must be functioning all right; test pits in the area of the drywell show no ground water down to three feet. However, the 50 year old steel septic tank should be replaced. The replacement of a steel tank with that of concrete tanks is something Mr. Dave Hatin has approved repeatedly in our neighborhood without variance application. I've got two neighbors that put concrete septic tanks in place of steel tanks and they didn't need any variances, they just got a permit and did it. That would represent the minimum variance and least disturbance in this particular case. The proposed design is for a four bedroom dwelling whereas the Town Assessor's records show this 20 foot by 40 foot two story building to be harboring five bedrooms. This factor would require an increase in the infiltration capacity. In addition, a photograph in the Assessor's files shows an accessory structure close to the northwest corner of the building, about in the area where that steel tank is. Consideration should be given for whatever we do here, for decommissioning and removal of the old system, the tank and the field, removal of it and disposal of it. This was a condition we required for the San Souci if you remember. That was a condition they had. The date that this project is going to be put in, there should be a time specified. This is a problem we're getting into with the San Souci, they got a permit to do these great, marvelous, wonderful things, three and a half years have gone by and they still haven't done it, and there doesn't seem to be explanation why. So we should have a commitment when is this work going to be done. When do they need the variance?Also, are these permits transferrable, these variances transferable? SUPERVISOR STEC-Variances travel with the property MR. SALVADOR- How can the Town issue a variance request herein if such a grant may increase the risk of pollution?You have asked the applicant to sign a waiver holding the Town harmless from any potential pollution as a result of granting this variance. If that's the case, the variance shouldn't be granted, if there's the slightest chance of pollution of Lake George we should not be granting variances. We should find a way to do what we want to do without a variance. Now I submit that looking at this plan if they simply move this proposed location of the septic tank to the rear of the building, somewhat in the area of where the existing tank is. That would accomplish two things; they could take out the old tank, dispose of all the material and have a hole left to put the new tank in. They'd have all that area there where the existing field is; we want to remove that anyway because it is contaminated. We'd have all that area to put this system in and we wouldn't have to encroach on the lake. We don't have to worry about the well, that's encased and this location here to the north of the building wouldn't be any closer to the well. I think we are obligated to grant the minimum variance we have to. In this case there's no reason to grant any variance for anything other than that replacement of that septic tank. Everything else seems to be working all right. SUPERVISOR STEC- All right, thank you Mr. Salvador. Is there anyone else that would like to address the Board on this public hearing? Any further discussion from Town Board Members? COUNCILMAN MONTESI- Well,just to the question that Mr. Salvador raised, when will the work be done and will the old field and old tank be removed COUNCILMAN BREWER- I think it's a requirement of our code isn't it, to remove SUPERVISOR STEC- Dennis REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 580 MR. MACELROY- Thank you. It's the owner's intent to try to have the work done this season certainly, and if scheduling with contractors and what not then it would be in the spring. So if you would want to assign a date to it, I would say by June 1St of 2013. Typically in a situation like this the tank, the old septic tank would be dug up and removed, pumped, dug up and back filled. Now it's an old metal tank, it's probably paper thin and would probably be crushed and removed. So that's not a significant operation. Leach fields themselves are to my knowledge rarely removed when they can be left in place. Now if that became a condition I think certainly the owner would consider that. I don't find it necessary, it's something ... the areas contaminated. It's been the recipient of wastewater effluent over the years but that doesn't necessarily contaminate the soil, in time inactivity will help, let's say, remediate the soil. So there's not a requirement in your standards or any town standards that I know of that requires a leach field area to be removed. I won't say that it isn't done at times, particularly when you're building over that same area, but in that case we aren't proposing to do that so I would suggest that it just be left in place, with the one provision, if it's something that had any structural tank type effect where the top to a drywell or something could collapse, then that is something that should be filled in. So, as I'm thinking out loud here I guess I would say that we would, while the excavator is there, that we would excavate the top of it and then just backfill that so that there's no chance of a void being, but it's my understanding it's relatively shallow in the order MR. BALDWIN- It's shallow and it's constructed, it has two cast concrete slabs on top of it COUNCILMAN STROUGH- Is that the one that has the little pile of rocks on the top of it MR. BALDWIN-No,no,no. That's simply gray water from the kitchen sink COUNCILMAN STROUGH- Is that going to be eliminated? MR. MACELROY- Yes, all discharge will go to the new system COUNCILMAN STROUGH- When are you going to install it? MR. MACELROY- Well, ideally it would be this fall, this season before the winter close in, but it's a matter of getting this approval, and let me just clear another thing up here procedurally. What you have is a variance plan, it's not necessarily the design plan that then Dave Hatin's office gets and acts on. It's 90% of that, or that variance plan is 90% of the design plan. But, there's other information that we would provide on the design plan, which would go with the septic disposal permit application, what you have before you is a variance plan and a variance application. So there's more detailed information that maybe John is thinking is lacking COUNCILMAN BREWER- What detail would we get besides what we have? MR. MACELROY- Well, there would be more information about the design and details of the septic tank and details of the leach field area that John was referring to before COUNCILMAN STROUGH- Did you... five bedrooms or four MR. BALDWIN- The way I understood it, you've got to have a closet to have a bedroom. There is one small room that has no closet and we don't use it very much COUNCILMAN STROUGH- Well, you may want to go to the Assessor's Office and maybe get a reduction on your taxes MR. BALDWIN- Well, I just found out about that COUNCILMAN STROUGH- All right, its four bedroom MR. BALDWIN- Yes COUNCILMAN STROUGH- And how extensively are you planning on redoing the building? REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 581 MR. BALDWIN- We're not changing the building any COUNCILMAN STROUGH- I mean if you do change it someday, it's got to stay four bedrooms or less MR. BALDWIN-No, I understand that COUNCILMAN STROUGH- Okay MR. BALDWIN- We have no plans of remodeling COUNCILMAN STROUGH- Okay, okay thank you. Dennis, I'm sure you considered putting it to the north side MR. MACELROY- Yes we did test pits over there and it was just too shallow to bedrock COUNCILMAN STROUGH- Okay MR. MACERLY- To consider that in terms of where the proposed septic tank would be adjacent to the house. The reason we don't put it right back where the other one is is because it doesn't meet the 10 foot separation, that would have been another variance. We could put the tank closer to the house if that would, but it would involve another variance COUNCILMAN STROUGH- Yeah and if you put the infiltration field over there it's going to be even closer to the well MR. MACELROY- Correct, it's sort of splitting the difference of trying to be COUNCILMAN STROUGH- Yeah well like you said I think it's a good plan, especially when you're going to put in a little additional fill, giving us a little additional buffer, a little bit more filtration; and I still feel satisfied. I thought John brought up some very good points, but even after consideration of his points I think the system that you're proposing to us is probably the best SUPERVISOR STEC-Any other questions from the Board? Any other public comment?Mr. Salvador MR. SALVADOR- Thank you. The answer to Mr. Brewer's question is you will not see it again. You grant this variance tonight, the construction plans go before Mr. Hatin SUPERVISOR STEC- Right MR. SALVADOR- Doesn't need any variance nothing, got to get a building permit. The other thing is if this is considered new construction and it definitely is new, it's definitely new, every element of this is new; you need 200 foot setback from the lake. Mr. Strough, 200 COUNCILMAN STROUGH- Yeah, but this isn't new construction. The building is established MR. SALVADOR- This septic system is the subject COUNCILMAN STROUGH- Well yeah, but everybody's septic system is new every 20 years or so MR. SALVADOR- Well, you have to meet the new code COUNCILMAN STROUGH-No MR. SALVADOR-No, our poor lake, the poor lake COUNCILMAN STROUGH-No, we try to do the best job we can MR. SALVADOR- Mr. Brewer,you won't see it again REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 582 SUPERVISOR STEC-Any other public comment on this public hearing?All right I will close this public hearing and what does the Board want to do, I'll entertain a motion COUNCILMAN STROUGH- I'll introduce SUPERVISOR STEC- Bob, there's no SEQRA. Introduced by Councilman Strough, Seconded by Councilman Metivier, any discussion? Do we want to add the June 1St completion contingency? TOWN COUNSEL, ROBERT HAFNER- Sure. That seemed to be relevant to the Board SUPERVISOR STEC- John, do you want to add June 1St as a contingent condition COUNCILMAN STROUGH- Yes, that's fine SUPERVISOR STEC- Tony are you fine with that amendment. COUNCILMAN METIVIER-Yes SUPERVISOR STEC- Okay, so amend that to say to be completed by June 1St, 2013. Any other discussion, hearing none let's go ahead and vote. RESOLUTION APPROVING WILLIAM BALDWIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 27, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, William Baldwin filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new absorption field: 1. 72' from Lake George instead of the required 100' setback; 2. 73' from the well instead of the required 100' setback; 3. 3' from the property line instead of the required 10' setback; and 4. 12' from the dwelling instead of the required 20' setback; on property located at 24 Joshua Rock Road in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 583 WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on Monday, October 15th,2012, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of William Baldwin for variances from the Sewage Disposal Ordinance to install a new absorption field: 1. 72' from Lake George instead of the required 100' setback; 2. 73' from the well instead of the required 100' setback; 3. 3' from the property line instead of the required 10' setback; and 4. 12' from the dwelling instead of the required 20' setback; REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 584 on property located at 24 Joshua Rock Road in the Town of Queensbury and bearing Tax Map No.: 239.19-1-6, contingent upon the applicant digging up and removing the old tank, with such construction to be completed by June 1 st, 2013. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr.Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 28, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 15th day of October, 2012 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON YEAR 2012 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD,INC. RESOLUTION NO.: 302, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 585 SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with Town Law §184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2011, and WHEREAS, the Town and the Squad have negotiated terms for a new one (1) year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2012 Agreement for emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2012 emergency ambulance services Agreement between the Town of Queensbury and the North Queensbury Rescue Squad, Inc., on Monday,November 5th, 2012 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 586 NOES: None ABSENT: None RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS J.MC DONOUGH LAW OFFICE'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136— SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 303, 2012 INTRODUCED BY: Mr. Ronald Montesi 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, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) have applied to the Town Board for a variance/waiver from §136-44, as the McDonoughs have requested a continuing waiver and/or permanent relief from the Town's connection requirements to connect the Graycourt Motel and Law Office properties to the Town of Queensbury's Route 9 Sewer District for the reasons set forth in the McDonough's September 20t1i, 2012 letter and application presented at this meeting, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, November 5t1i, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 587 Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)'s sewer connection variance/waiver application concerning the properties delineated in the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.'s: 296.9-1-8 and 296.9-1-9), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the McDonoughs as required by law. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Stec, Mr. Metivier,Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF DANIEL W.BURTON AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO.: 304, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent wishes to fill a vacant Motor Equipment Operator (MEO) position due to the transfer of former MEO Scott Jarvis to the Town's Water Department, and REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 588 WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, and WHEREAS, funds for such position have been budgeted for in the 2012 Town Budget, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Daniel W. Burton to the full-time Union position of Motor Equipment Operator (MEO) in the Town's Highway Department effective on or about October 16 ', 2012, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Burton's successful completion of a pre-employment physical as required by Town Policy, drug and/or alcohol screening, any applicable Civil Service requirements, an eight (8) month probation period, and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that Mr. Burton shall be paid the hourly rate for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 589 Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr.Metivier,Mr. Montesi,Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM LOUIS AND KATHLEEN MAIOCCO RESOLUTION NO.: 305,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2) cemetery lots in the Pine View Cemetery to Louis and Kathleen Maiocco — Plot No.'s: 22A and 28D, Seneca Section, and WHEREAS, by letter dated October 3rd, 2012,the Cemetery Commission has recommended re-purchase of the lots and requests approval of the re-purchase from the Town Board, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of two (2) lots in the Pine View Cemetery from Louis and Kathleen Maiocco—Plot No.'s: 22A and 28D, Seneca Section, for the amount of$1,333.33, and REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 590 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Louis and Kathleen Maiocco and properly account for the sales in the Town's books and records. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2013 PRELIMINARY BUDGET RESOLUTION NO.: 306, 2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1,2013, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 591 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2013, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2013 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Thursday, November 8�', 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2013 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2013, which includes the REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 592 S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on Thursday, November 8th, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2013 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 17,382. TOWN CLERK 66,442. TOWN HIGHWAY SUPERINTENDENT 67,161. TOWN JUSTICES (2) 42,969. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Strough,Mr. Brewer, Mr. Stec,Mr.Metivier,Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN &FAMILY SERVICES RESOLUTION NO.: 307, 2012 REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 593 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) has advised the Queensbury Town Board that the Town is again eligible to apply for funds from the New York State Office of Children & Family Services (OCFS) relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a funding application in the amount of $3,000 for youth recreation programs eligible for matching reimbursement from OCFS through the Warren County Youth Bureau, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Director of Parks and Recreation to prepare the application for recreation funds from the New York State Office of Children & Family Services and the Town Supervisor to execute such funding application, and BE IT FURTHER, RESOLVED, that in the event that the Town does receive such recreation funds, the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.: 001-7110-4824(Recreation Programs)by the amount of$3,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 594 Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier,Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX,INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2012/2013 AND PROVISION OF 2012 STANDARD YEAR END SERVICES RESOLUTION NO.: 308, 2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2012/2013, and the 2012 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for a total estimated cost of$13,145, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 595 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2012/2013 and the 2012 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of $13,145, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of October, 2012 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR NEW REPLACEMENT TRACTOR FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 309, 2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 596 WHEREAS, in accordance with Resolution No.: 291,2012, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a new compact tractor to replace an obsolete 1987 Mitsubishi tractor in the Cemetery Department as set forth in bid specifications prepared by the Cemetery Superintendent and/or Purchasing Agent, and WHEREAS, on October 10t1i, 2012, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Town Cemetery Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the only and therefore lowest, responsible bidder, John Stokowski and Sons, Inc., for the amount of$13,407, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a new compact tractor for use by the Cemetery Department from the only and therefore lowest, responsible bidder, John Stokowski and Sons, Inc., for the amount of$13,407, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such tractor shall be from Misc. Equipment Account No.: 002-8810-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $13,407 from Health Insurance Account No.: 002-9040-8040 to Misc. Equipment Account No.: 002-8810-2001, amend the 2012 Town Budget, make any other adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 597 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec NOES: None ABSENT: None RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 310, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2012 Town Budget as follows: REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 598 From To Code Appropriation Code Appropriation $ 001-3120-1010 Wages 001-3120-4400 Misc. Contractual 250 001-1990-4400 Contingency 001-3510-4400 Misc. Contractual 1,750 001-1990-4400 Contingency 001-3510-4410 Fuel 2,000 001-3620-4090 Training 001-3410-4090 Training 310 001-3620-4090 Supplies 001-3410-4010 Supplies 210 040-9060-8060 Health Insurance 040-8310-4131 Town Counsel 7,500 Computer 040-8320-4300 Electricity 040-1680-2032 Software 3,700 Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec,Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF OCTOBER 16TH,2012 RESOLUTION NO.: 311,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October l lt1i, 2012 and a payment date of October 16th, 2012, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October 1 lth, 2012 and a payment date of October 16th,2012 totaling $320,133.90, and REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 599 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of October, 2012,by the following vote: AYES: Mr. Strough,Mr. Brewer, Mr. Stec,Mr.Metivier,Mr. Montesi NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) PLINEY TUCKER- Asked Councilman Brewer to check out the property at the corner of Pinewood and Corinth Road, it's beginning to look like a junkyard with all the cars. COUNCILMAN BREWER- Has looked into this before and even sent Mr. Hatin over there. Mr. Hatin made a visit and said everything was legal. There happens to be more than one family living there. When driving by tonight, noticed at least five or six cars out there; will put another call into Mr. Hatin regarding this matter. JOHN SALVADOR- Spoke regarding the situation with the San Souci's septic system. COUNCILMAN STROUGH- Asked Mr. Salvador if he submitted his concerns to Mr. Hatin? MR. SALVADOR- Yes COUNCILMAN STROUGH- Will speak with Mr. Hatin regarding this subject 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MELLON- The Supervisor's Report for Community Development/Building and Codes for the month of September on file in the Town Clerk's Office. 5.0 TOWN BOARD DISCUSSIONS REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 600 COUNCILMAN BREWER- Received an email from a concerned citizen regarding traffic issues on Sherman Avenue and Veterans Road. Will contact Highway Superintendent, Mike Travis concerning this. COUNCILMAN STROUGH- • Announced that Dr. Marilyn VanDyke recently received a proclamation from the Capital Regions Archives Committee. • Received three notices from the Senior Citizens. Recently they had a Gala and get together where they honored Frances Dean who was one of the original founders of the Queensbury Senior Citizens. • Every month the Queensbury Post sends out a newsletter and it has a monthly calendar. They are doing things every day. This Saturday, October 20th,here at the Activities Center, there will be an arts and crafts fair from 9am until 3pm. Also on November 3rd The Queensbury Senior Citizens will be a sponsoring a dinner dance at the Queensbury Hotel. Anyone 55 or older interested in becoming a member should call 761-8224. COUNCILMAN MONTESI- Spoke regarding and article in the Post Star about the new exit 19 diner that will be opening mid-November and will be employing approximately 50 people. COUNCILMAN METIVIER-Nothing to report SUPERVISOR STEC- • A reminder of the Town's website www.queensbury.net. There is a lot of information there. • Thanked Look TV and our sponsors for televising these meetings • Thanked the Department Heads and Budget Officer for all their hard work on the budget so far. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.312,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss a current litigation matter. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.313,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 601 SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Stec, Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES: None ABSENT: None No action taken during executive session. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 314,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 15th day of October, 2012, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully Submitted, Darleen M. Doughier Town Clerk Town of Queensbury