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2000-08-21 REGULAR TOWN BOARD MEETING AUGUST 21, 2000 6:30 P.M. Mtg # 36 Res. # 335-356 BOH Res. # 27-28 LL # 9, 2000 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Rick Missita, Highway Superintendent Mike Travis, Deputy Highway Superintendent Ralph VanDusen, Water & Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Marilyn Ryba, Senior Planner Dave Hatin, Director of Building & Codes Henry Hess, Comptroller PRESS: Glens Falls RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 335, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury adjourns from Regular Session and enters Executive Session to discuss a personnel matter. Duly adopted this 21st of August, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION TO RECONVENE RESOLUTION NO.: 336, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 21st of August, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT: None REGULAR SESSION 7:10 P.M. Supervisor Brower called meeting to order. . . . RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 337, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 21st day of August, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT: None Board Of Health PUBLIC HEARING - SEWER VARIANCE - CULVER & RICCIO NOTICE SHOWN 7:10 PM. SUPERVISOR BROWER-We have a public hearing on a sewer variance for Culver and Riccio. Is there anyone in the audience to speak on behalf of this application? Dave would you like to give us a little background or do they have an engineer here as well? DAVE HATIN, DIRECTOR OF BUILDING & CODES-Mrs. Culver is also here. SUPERVISOR BROWER-Mrs. Culver is here as well? If you'd like to join Dave, come forward please Mrs. Culver. MR. HATIN, DIRECTOR OF BUILDING & CODES-What you have before you tonight is a request by Mrs. Culver and Mr. Riccio to place three one thousand gallon holding tanks behind her residence on the Sunnyside North Road side. If you recall last month you turned down their request to put a system behind the house in the same location, roughly the same location. So they have approached you now for holding tanks. COUNCILMAN TURNER-Question Dave. Is this, the old system failed or isn't MR. HATIN, DIRECTOR OF BUILDING & CODES-Yes. Well, it's failing. I have a letter here from Jay Sweet that states that it's failing. If you'd like to put that on file. COUNCILMAN TURNER-Yea. MR. HATIN, DIRECTOR OF BUILDING & CODES-I asked him for that today to document that it is. SUPERVISOR BROWER-And Ted and I have been to the site and we realized your options are limited. COUNCILMAN TURNER-We looked at it and really couldn't see any, no, nothing on the surface. MR. HATIN, DIRECTOR OF BUILDING & CODES-I can read this if you want, from Jay Sweet. COUNCILMAN TURNER-Yea, if you would please. MR. HATIN, DIRECTOR OF BUILDING & CODES-It says, it's to Robert Riccio, I've pumped the septic tank out three times in the last thirty days. The overflow tanks are not working or the leach bed. COUNCILMAN TURNER-Okay. SUPERVISOR BROWER-Thank you, Dave. MR. HATIN, DIRECTOR OF BUILDING & CODES-And that's signed by Jay Sweet, Queensbury Sewer Service. SUPERVISOR BROWER-Mrs. Riccio, do you have anything to add to what Mr. Hatin has indicated. MRS. CULVER-No, just that we're trying to, you know, make it right and follow all the guidelines that you know, are printed in your procedure for doing, you know, upgrading the sewer. SUPERVISOR BROWER-Yes, and you understand what our concerns were about your neighbor that had a well fifty feet from your property? MRS. CULVER-Right, which is SUPERVISOR BROWER-We were just concerned that we might, you know, it may, as remote as it may be, I don't know, we've got to be careful, you know, very careful in these instances. MRS. CULVER-Right, well the septic has always been there and that's where he put his well, but I realize that it doesn't work the other way around, you know, that it has to be a certain number of feet and he had the right to deny it. So, that's why we're proceeding with the holding tanks and he had no problems with holding tanks. That's what he thought we were doing when we talked to him on the phone and his wife signed the variance. He was under the impression that we were asking for holding tanks. SUPERVISOR BROWER-Okay, thank you very much. Dave, do you have anything else to add? MR. HATIN, DIRECTOR OF BUILDING & CODES-No. It's pretty straight forward. You have the plan in front of you that shows the layout. They're asking for side line setback variances and a variance to the dwelling itself which is a partial crawl space and part of the tanks will be above that crawl space. SUPERVISOR BROWER-Any, well before I ask board members for any comment or questions, I'd like to see if there's any input from the public at this time? Mr. Salvador. MR. JOHN SALVADOR-My name is John Salvador. I believe you have a letter from Dave Hatin? COUNCILMAN MARTIN-That's correct. SUPERVISOR BROWER-Yes. MR. SALVADOR-The second paragraph of that letter is what Mr. Hatin is using to support his recommendation that holding tanks be used to solve this problem. It reads page 56 of the Individual Residential Wastewater Treatment Systems Design Handbook does allow the use of holding tanks when no other alternative exists for replacement of existing failed systems. I submit that Dave is not properly interrupting that design handbook. The design handbook SUPERVISOR BROWER-Well, I'd like to just hold you up there for a second, John, and ask Mr. Schachner what his opinion is on this? TOWN COUNSEL SCHACHNER-I don't know what Mr. Salvador is going to say but I can tell you that Mr. Salvador is engaged in a several years long debate with the town as to when, in his opinion the New York State Department of Health and the New York Sanitation Code allow holding tanks and when they don't. I would just quote to you from a letter addressed to myself from the New York State Department of Health District Director which says, in part, I'm only going to read one sentence of it, 'when an existing subsurface wastewater treatment system fails and site conditions are unsuitable for construction of a replacement system, local officials, that's you, may authorize installation of a holding tank to address the problem'. I believe, although I don't know this for sure but Mr. Hatin is obviously present, regardless of his reference to page 56 of the Individual Residential Wastewater Treatment Systems Design, I believe it's Mr. Hatin's opinion that the existing subsurface wastewater treatment system has failed. Or more accurately, I believe it's the contractor's, Mr. Sweet's opinion that it's failed and I think Mr. Hatin has no reason to disbelieve that opinion, and that conditions are unsuitable for construction of a replacement system. If those facts are true, then it would seem that you have the authority if you wish to authorize a holding tank. SUPERVISOR BROWER-Mr. Salvador? MR. SALVADOR-Is that the letter that was written by Brian Fear (?) concerning our holding tank? TOWN COUNSEL SCHACHNER-Mr. Supervisor, do you want us to field those questions? This is a public hearing, he's making comments, it's up to you? Totally up to you. MR. SALVADOR-Well, I know, you just read one part of the letter. I'll continue. SUPERVISOR BROWER-Please. MR. SALVADOR-The, we know Appendix 7 5a Wastewater Treatment Standards for individual households is the determining factor here. Appendix 75a has been written and put into the New York State's Codes, Rules and Regulations by the health department dealing with wastewater treatment standards for individual household systems. This recognizes a statewide policy and it has been developed as a result of the recommendations of the Public Health Council. The last sentence, the last sentence in Section 75a reads, holding tanks are not acceptable for long term use on year round residences. Now the crux of this issue is year round residents. I don't think the health department, I don't think anyone disagrees that for a seasonal use, limited use, a holding tank is a suitable solution for a failed system. I don't argue with that. But this application has been made for year round use. It's, if you have the application in front of you. SUPERVISOR BROWER-Yes. MR. SALVADOR-Okay and I think that's where we're mis-interpreting the code. Also, the design manual that Dave Hatin refers to, the first sentence talks about new construction. They are not allowed for new construction and by definition in the building code, the New York State Unified Building Code defines new construction and any work done on a drainage system of which a septic system is a part, is defined as new construction. So, number one a failed system has to be worked on, it's automatically new construction, that's in the building code. I'd like to go on here. That design manual also says that it, that holding tanks deemed acceptable for long term use on year round residents. A synonym for deemed is decree, is decree. Now, the other thing that the design manual mentions and that we're tending to overlook is that they recommend a wastewater management district where you have numerous holding tanks, that is holding tanks in seasonal use. Not a year round use, seasonal use. Now, we don't have a management district and I believe that absent a management district or a move in the direction of a management district not only for this neighborhood, not only for this neighborhood but our neighborhood in North Queensbury. You should not approve this. You should not continue to approve these. Now, this town was on it's way to such a concept as far back as 1968 when we developed our first zoning ordinance. We talked about registering seasonal dwellings for this very reason. In 1984, the Federal EP A came out with an environmental impact statement which covered central Queensbury as well because that was part of the Warren County Sewer District and they recommended small local cluster treating systems but with a management district. The Lake George Park Commission wrote wastewater regulations and what did we do? This town volunteered the services of it's staff to inspect some nine hundred systems in North Queensbury and spare the residents the forty dollar charge that the Park Commission was going to charge us. Again, entering into the field of a management district. And to this day we're still talking about a management district in North Queensbury, at least and I think that's what this town has to get on with. We can put these holding tanks in but they've got to be supervised. The health department if you read their design manual, it's not expected that the individual homeowner is going to pay the maintenance and take care of the supervision of a holding tank. It's too easy to circumvent the controls and that's the feeling of the health department, you read that in the design manual. So, my recommendation is that you give serious, serious consideration and organize a management district. You've got the staff, you've got the people all over the place. It wouldn't be too hard to do. The town did it with the Lake George Park Commission Wastewater Regs. SUPERVISOR BROWER-Thank you, Mr. Salvador. Would anyone else care to address the board at this time, either for or against the petition? Being none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:23 P.M. Supervisor Brower-Does the board members have any input? Councilman Brewer-How many bedrooms in the house? Mrs. Culver-Well there is only one bedroom but we have an office which is called a bedroom. So, I think it's, legally a two bedroom house. Councilman Martin-How long has the house been there? Mrs. Culver-I think it has been, well I don't know. I just moved there last year. I would say twenty-five years at least. Councilman Martin-Okay. Councilman Brewer-The reason that I asked how many bedrooms cause in the, you've got three tanks, you can't have any more then three bedrooms in the house, if you ever were to expand. Is that right, Dave? Mr. Hatin, Director of Building & Codes-Yea it would be, governed by the three thousand would be the limiting factor. Councilman Brewer-Do we have any way to trip this signal if they apply for building permits to expand the house. Mr. Hatin, Director of Building & Codes-Well, they're in a waterfront district so once they do, we have to find out what the system is and if it conforms to the regulations for a three bedroom system. Councilman Brewer-Okay, that was the only concern I had. Supervisor Brower-Any other comments from board members? Councilman Martin-Well, I just want to put something to bed here from my perspective. I've heard already, I've been on the board about six months, I've heard already umpteen number of times about this sewer business. About, you know, us approving holding tanks according to state law and it's comparison to that. I just want to put on the record from my perspective, I am in agreement with the staff and the attorney. So, therefore, any future comments regarding that issue will fall on these deaf ears. I just want that to be clear. Supervisor Brower-Thank you, Mr. Martin. In light of that, do I hear a motion from any board member? RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF KAREN CULVER AND ROBERT RICCIO BOARD OF HEALTH RESOLUTION NO.: 27, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Daniel Stec WHEREAS, Karen Culver and Robert Riccio previously filed an application for three (3) variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance as follows: 12. (136-11(B) of the Town Code requires applicants to obtain a variance for all holding tanks and the applicants have requested a variance to allow a holding tank; 13. The applicants have requested a variance to locate the proposed holding tank six inches (6") from the dwelling rather than the required ten feet (10') setback; and 14. The applicants have requested a variance to locate the proposed holding tank five feet (5') from the property line rather than the required ten feet (10') setback; concerning their property located at 124 Sunnyside North, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance requests on August 21st, 2000, 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 l.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 are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Karen Culver and Robert Riccio for three (3) variances from the Sewage Disposal Ordinance to allow 5. Ms. Culver and Mr. Riccio to have a holding tank; 6. Ms. Culver and Mr. Riccio to locate the holding tank six inches (6") from the dwelling rather than the required ten feet (10') setback; 7. Ms. Culver and Mr. Riccio to locate the holding tank five feet (5') from the property line rather than the required ten feet (10') setback; on property situated at 124 Sunnyside North, Queensbury and bearing Tax Map No.: 50-1-84. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Councilman Martin-With that being said, I do think the point is well taken about a management district. I do think that we should aggressively pursue that as an option for long term addressment of the sewer system especially in the lakefront area. I think that is a real option for us and I don't mean to diminish the importance of that as an option. I do think that is very important. Board of Health Correspondence Deputy Town Clerk Barber read the following letter into the record: To: Town Board From: David Hatin, Director of Building & Codes Re: Inquiry as to possible septic problems at the Baybrook Apartments, off Walker Lane On August 16, 2000, I received a call from John Salvador who stated he was called by other parties of a possible problem with the sewage disposal system at the Baybrook Apartments. Mr. Salvador stated that he decided to take a ride down to the site and look at the site, and stated that he was very concerned about the condition of the site. I advised Mr. Salvador at the time that if there was a problem with the site, that the parties involved should be calling me not him. I also told Mr. Salvador that I have been stopping about every two weeks to check on the fields to make sure that there were no further erosion problems or blowouts of the septic fields to ensure that these sewage disposal systems were performing as they were originally designed. After Mr. Salvador's conversation, I contacted Rich Schermerhorn, owner of the project, as well as Tom Nace, the engineer who designed the sewage disposal system. At two o'clock on August 16th, I met with Tom Nace and Darren Walter who represented Rich Schermerhorn, who was unavailable to attend the meeting. The first concern was that there was a possible sewage pump station failure which allowed raw sewage to leach onto the ground. We examined the pump stations between building's four and six for any raw sewage on the ground and found none. However, the week before, a pump did fail in the pump station, and the alarm was triggered because the pump had failed. Mr. Schermerhorn was notified of the alarm. Upon examining the pit, they found a pump motor that had shorted out, and that motor was replaced and the pump station was put back in 100 % working order. It should be noted for the record that this pump station has dual alternating pumps. Even though the one pump had failed, the second pump did run as needed to keep the level in the pump station down. It also should be noted for the record that in the case that both pumps were to fail. There are three 1,000 gallon holding tanks attached to the pump station, as back up holding capacity. The system functioned as it should in a failure, and there was no sewage back up in the pump station or onto the ground. It should also be noted that all pump contents are in a locked box and not accessible to any tenant or children. Next, we examined the sewage disposal field and the hill around the sewage disposal field. We walked the entire field and found no blowouts, no sewage depositing on the ground, and no wet areas which would be evidence where sewage is coming to the surface. We also examined the erosion that you can see from the parking lot. The erosion channels that were there have been there since approximately the middle of June and have not deteriorated any further. In fact, areas that were re-seeded and re-graded have stabilized and no erosion has occurred in those areas. There is a deposit of sand and soil in the rear of building nine, which has been there since my first visit in the middle of June. I've been checking this field about every two weeks since the middle of June, and no further erosion has taken place in the areas that were re-seeded and hayed, or the areas where erosion had occurred and the soils have been stabilized. It should also be noted for the record that we had a heavy thunderstorm the night before this inspection, and there was no new soils deposited at the base of the hill. There was no movement found of any soils around the fill or the toe of the hill, in the area of the sewage disposal system. My reason for asking for this letter to be read into the record is to make it public knowledge that I have conducted regular inspections of this field since the original complaints were received back in mid June. It should also be noted that this system was reviewed by our Town Engineers and inspected by Tom Nace and this Department. Mr. Nace also certified to the New York State Department of Environmental Conservation to obtain a SPDES Permit that the systems were installed according to the plans (see attached letter). Please note that Mr. Schermerhorn has addressed any problems which have been brought to his attention immediately upon notification. (letter with attachment on file in the Town Clerk's Office) RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 28, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Queensbury Board of Health hereby adjourns from session and the Town Board of the Town of Queensbury hereby enters Regular Session. Duly adopted this 21st of August, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Regular Session 7:32 p.m. PUBLIC HEARING - PROPOSED LOCAL LAW - "SIGNS" NOTICE SHOWN 7:32 P.M. SUPERVISOR BROWER-Would you be kind enough to identify that, Caroline. DEPUTY TOWN CLERK BARBER-Yes, "Resolution Enacting Local Law, To Amend Queensbury Town Code By Repealing Existing Chapter 140 Entitled, "Signs" And Replacing It With A New Chapter 140, Entitled, "Signs". SUPERVISOR BROWER-Is there anyone that would like to comment on this particular public hearing notice? Mr. Salvador. MR. JOHN SALVADOR-Only if Mr. Martin will assure me that his ears are not deaf. COUNCILMAN MARTIN-Yea. MR. SALVADOR-Okay. COUNCILMAN MARTIN-I hear quite well. Too well sometimes. MR. SAL V ADOR-Mr. Supervisor, could you please give us some background as to why this local law, this comes about? SUPERVISOR BROWER-Yes. Matter off act, I will defer that question to our attorney, Mark Schachner and Mark can explain it very adeptly, I'm sure. TOWN COUNSEL SCHACHNER-The proposed local law comes about because of a court decision that was issued a month or so ago in response to a challenge to a particular portion of the sign ordinance that was brought by a billboard company and a former political candidate that resulted in a court decision that may have knocked the entire sign ordinance. Although, that's not crystal clear at this time and there is still further court proceedings in the case. We thought it best to proceed and simply enact a new, or recommend enactment of a new local law that is essentially the same sign ordinance as before absent any section that particularly deals with political signage. So now, for lack of a better term, all signs would be treated the same. MR. SALVADOR-So, the litigation is still ongoing? TOWN COUNSEL SCHACHNER-Again, it's a public hearing and a comment, do you want to get into a question, answer session? It's up to you all? SUPERVISOR BROWER-If you'd like to answer the question, sure. TOWN COUNSEL SCHACHNER-It's up to you all. SUPERVISOR BROWER-Please. COUNCILMAN BREWER-Go ahead, get it over with. TOWN COUNSEL SCHACHNER-There's not a yes no answer to that and I'm reluctant to get into a debate because it's hard for me to explain it simply because the town is not represented by me or my law firm in this case. It's represented by it's insurance defense counsel, that's an Albany law firm that I've had a lot of trouble, quite honestly getting straight answers from and solid communications from. I spoke with the partner in charge of the litigation case today only about four o'clock or so today and he was still a little sketchy on the exact status of it. I can tell you that there is a motion to re-argue, at least one issue or a portion of the case that he tells me is being sent in the mail tomorrow to the court. So, I guess I'm going to say yes, there's a portion of the litigation that you could consider ongoing. MR. SALVADOR-And how about the subject of damages? TOWN COUNSEL SCHACHNER-If you mean MR. SALVADOR-The five hundred thousand dollars? TOWN COUNSEL SCHACHNER-The court did not award any damages against the town whatsoever and nobody is, as far as we know, nobody is appealing that or asking to re-argue that issue. So, there's no monetary exposure. MR. SALVADOR-But it could come up depending on your, the courts granting a re-argument, that's still open. TOWN COUNSEL SCHACHNER-Well, that's your opinion. That's not my opinion because nobody is asking the court for that, to re-argue that point. When request to re-argue cases are made to court, generally the court, if they grant the request at all, limits the re-argument to only what the request is made about. Nobody has nor has anyone said they will request to re-argue the issue of financial damages. SUPERVISOR BROWER-And I must tell you, Mr. Salvador, I was thrilled to death that there were no financial damages. MR. SALVADOR - Well, the case is still open. In any case, whether or not you're going to repeal this in lieu of the Judge's decision which I think equates to a nullity in any case, if a Judge has determined your code to be unconstitutionally vague, isn't that and in of itself, a nullity? COUNCILMAN BREWER-We're not reconsidering the same ordinance. MR. SALVADOR-No, I'm saying, you don't have to repeal, the Judge has done it for you. COUNCILMAN STEC-Correct. MR. SALVADOR-Okay, so you don't have to repeal this ordinance. COUNCILMAN STEC-So now we have no ordinance which is why we have this tonight. Now, we will have an ordinance. TOWN COUNSEL SCHACHNER-Yea, I wouldn't lead to that conclusion and I wouldn't agree with Mr. Salvador's assertion that we don't need to repeal this. I can't tell you that that certainly, as we sit here today, that it's necessarily the case therefore it's our suggestion that it include the language repealing the existing law. If there is no existing law and it doesn't need to be repealed, there's no harm done in doing that. But if there is, then you don't want to have two on the books, you want to have one. So, I would caution the board not to necessarily agree with Mr. Salvador's assertion and our recommendation remains what I said it was. SUPERVISOR BROWER-Thank you. MR. SALVADOR-Okay, I'd like to comment then on your enacting a new chapter 140 and that would be based on the fact that this new chapter 140 does not contain any reference to or any regulation concerning political signs. SUPERVISOR BROWER-Correct. MR. SALVADOR-Okay. This to me just enhances the vagueness issue. It would not be complete without some addressing the issue of political signs and I think it would be highly discriminatory. I mean, what can we expect tomorrow? Proliferation of political signs in the town? Could that happen? SUPERVISOR BROWER-It won't happen tomorrow most likely but it could happen in the future. COUNCILMAN MARTIN-Well, no. TOWN COUNSEL SCHACHNER-Can I COUNCILMAN MARTIN-No, this is not COUNCILMAN STEC- They're treated the same as every other sign now. TOWN COUNSEL SCHACHNER-Right, there's a provision SUPERVISOR BROWER-They'll be treated like the rest of the signs in our ordinance. COUNCILMAN MARTIN-There's a general term in here called temporary sign, it is defined. COUNCILMAN BREWER-And that's what political signs are. COUNCILMAN MARTIN-There's standards for it, there's general provisions as to how they're regulated and all that and I would, any sign that's up for a short term nature and irregardless of what it says is covered. So we have it covered. Next issue. TOWN COUNSEL SCHACHNER-And that's exactly correct and again, that's why I would caution the board not to agree with the assertion made by the public commentator because in fact, it's not correct. Mr. Martin is a hundred percent correct, it's not the case that there could be a proliferation tomorrow because what we know longer do is separately treat political signage. But it's not the case as the commentator suggests, that we're not regulating political signs in any way. COUNCILMAN MARTIN-We do in fact have a better code. COUNCILMAN STEC-Clearer code. MR. SALVADOR-So now political signs are temporary signs? COUNCILMAN BREWER-They always were, weren't they? COUNCILMAN MARTIN-Yea, by there nature. MR. SAL V ADOR-A special kind of temporary sign. COUNCILMAN MARTIN-Not special they're just temporary signs. MR. SALVADOR-Okay. COUNCILMAN BREWER-No, when I got mine, I just went and got a sign permit and said what I'm going to do. COUNCILMAN MARTIN-We're not, they're not special cause we start treating them specially, that's what we got in trouble for. They're just like any other sign, any other temporary sign. MR. SALVADOR-Okay. All right, I would like to get on with the thing I'd really like to talk about. As you're enacting local laws, I think you understand that local government has an obligation to reflect the plans and programs of federal and state agencies. You are in affect here tonight, enacting a local law concerning signs like one never existed before. Like one never existed before. Okay? This is particularly true when state agencies have preempted the local government's action. What I'm getting to here is that we have a state agency that has preempted this town in the arena of signs, advertising signs and it's the Lake George Park Commission. The Lake George Park Commission got a legislative grant of power in 1962 to develop a sign ordinance and we have that in effect today in North Queensbury in the Lake George Park and that sign ordinance is not addressed in our ordinance, in our town ordinance and this leads to a lot of misunderstandings. It leads to a lot of conflicts in enforcement and it's fitting tonight that a former conservation officer is in the audience had occasion in 1976 to site us for violations to this ordinance I'm speaking of. I won't mention any names but a close blood relative of his could very likely vote on this issue tonight. But in any case COUNCILMAN STEC-Hi Dad. MR. SAL V ADOR-I didn't mention any names. COUNCILMAN STEC-I mean Mr. Stec. MR. SALVADOR-But in any case, the Lake George Park Commission has a sign ordinance. It's in affect, it's been in affect since 1962 and it is not recognized in our town code and I believe without at least nodding to it, without at least reflecting the requirements of the park commission. COUNCILMAN BREWER-Did the previous ordinance we had address that issue? COUNCILMAN MARTIN-No. COUNCILMAN BREWER-Why didn't he say anything then? MR. SALVADOR-Its been a failure of that ordinance since the beginning. I mentioned this to Mr. Martin when we served together on the town's Comprehensive Planning Committee that it was necessary to recognize this. The, it's an obligation we have. The Town of Lake George as you probably know has thrown up there hands. They've given up on enforcing the sign ordinance in the Town of Lake George simply because the park commission would not give up their jurisdiction and so they said, you enforce it. And I'll tell you, nobody knows what to do up there. So, I believe in order for this new local law to be complete, it should in some way in shape or manner include a reference to or at least incorporate the requirements of the Lake George Park Commission. Now, on the issue of vagueness, on the issue of vagueness the Lake George Park Commission has been given a legislative grant of power to regulate advertising structures and devices in said park. The vagueness is with the term device. You know, as well as anyone, an advertising device can be something other then a sign and this is where we ran into trouble with Mr. Stec. We were sited for things we didn't even realize were signs, you know but the park commission regulations say anything that advertises a product or a service and so we were faced with taking a lot of on premises signs down because they advertise a service and they can be seen from the road or the lake, another criteria. So, if that's going to be the case with the park commission, I think it should apply to everyone in the Lake George Park, at least in the Town of Queensbury. So, absent that, these regulations are not complete and they don't, they don't address the needs to reflect other agency plans and programs. SUPERVISOR BROWER-Thank you Mr. Salvador. MR. SALV ADOR-I have a copy of Subchapter 646-7, that's their sign ordinance. SUPERVISOR BROWER-Would anyone else care to speak at this public hearing on the proposed sign ordinance for the Town of Queensbury? Being none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:44 p.m. RESOLUTION ENACTING LOCAL LAW NO.9 OF 2000 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 140 ENTITLED, "SIGNS" AND REPLACING IT WITH A NEW CHAPTER 140, ENTITLED, "SIGNS" RESOLUTION NO.: 338, 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 9 of 2000 to amend the Queensbury Town Code by repealing the existing Chapter 140 entitled "Signs," and replacing it with a new Chapter 140 entitled "Signs," which Local Law shall define the rules and regulations concerning the erection of signs within the Town of Queensbury, and WHEREAS, the Town duly held a public hearing on August 21st, 2000 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board of hereby enacts Local Law No.: 9 of 2000 to amend the Queensbury Town Code by repealing the existing Chapter 140 entitled, "Signs," and replacing it with a new Chapter 140 entitled, "Signs," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Supervisor Brower-Any comments by board members? Councilman Martin-Any SEQRA on this, needed or? Town Counsel Schachner-I'm not sure this qualifies as an action, to be honest. Councilman Martin-Okay, I was just wondering. Okay, as long as it was looked at. Councilman Brewer-I thought that too but I thought there was Councilman Stec-I have a question for counsel, though? Our sign ordinance does any way nullify, prohibit, effect the Lake George Park sign ordinance? Town Counsel Schachner-No effect. Councilman Stec-So a reference is not necessary? Town Counsel Schachner-Reference is not necessary and as long as Councilman Stec-Right, just because we don't reference another law doesn't mean that you're not, you're not subject to it. Town Counsel Schachner-That is correct. Councilman Stec-All right, so. Town Counsel Schachner-I didn't say nullify, I say no effect, correct. Councilman Stec-Right. No effect. Town Counsel Schachner-Correct. Councilman Martin-And as a practical matter, there's few commercial business in along the Lake George area that wouldn't even be affected by such. (vote taken) LOCAL LAW NO.: 9 OF 2000 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 140 ENTITLED, "SIGNS" AND REPLACING IT WITH A NEW CHAPTER 140 ENTITLED, "SIGNS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by repealing existing Chapter 140 entitled, "Signs" and replacing it with a new Chapter 140 entitled "Signs" to read as follows: SIGNS Chapter 140 ~ 140-1. Purpose and intent. ~ 140-2. Definitions. ~140-3. Signs allowed without permit. ~140-4. Temporary signs. ~140-5. General standards and regulations. ~ 140-6. Signs for which permits are required; number; regulations. ~ 140-7. Previous sign permit approvals and fees. ~ 140-8. Nonconforming signs. ~ 140-9. Permit procedure; fees. ~ 140-10. Construction and maintenance. ~ 140-II.Penalties for offenses. ~ 140-12.Enforcement. ~ 140-13.Appeals. ~ 140-14.Variances. ~ 140-15 .Interpretation. ~ 140-1. Purpose and intent. The purpose of this Chapter is to promote and protect the public health, welfare and safety by regulating existing and proposed advertising, outdoor advertising signs and signs of all types. It is intended to provide for maximum visibility, to prevent unreasonable distraction of operators of motor vehicles, to prevent confusion with regard to traffic lights, signs or signals, to promote maximum safety, comfort and well being of the users of the highways, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve the scenic and natural beauty of designated areas and to provide a more enjoyable and pleasing community. ~ 140-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: ADVERTISING PANELS -- A sign relating to a product, service, activity, business or establishment that is not on the premises on which the sign is located, or a freestanding sign larger than one hundred fifty (150) square feet and commonly called a "billboard." APPLICANT -- An individual, tenant and/or property owner requesting a sign or temporary sign permit. BUSINESS COMPLEX -- Three (3) or more businesses and/or offices conducted on the same lot. COLLECTOR STREET -- A street which serves or is designed to serve as a traffic-way for a neighborhood or as a feeder to a major street. DIRECTOR OF BUILDING AND CODE ENFORCEMENT -- The Director of Building and Code Enforcement of the Town of Queensbury or his duly authorized assistant(s). DOUBLE-FACED SIGN -- A sign designed to be viewed from two (2) directions and which at no point is thicker than twenty-four (24) inches measured from the exterior surface of each face and the two (2) faces of the sign are either parallel or the angle between them is thirty degrees (300) or less. ERECT -- To build, construct, alter, display, relocate, attach, hang, place, suspend or affix any sign, and also includes the painting of signs on exterior walls. FLASHING SIGN -- An illuminated sign in which the artificial lighting is not maintained in a stationary or constant intensity. FREEST ANDING SIGN -- A sign not attached to any building, but permanently affixed by any means, in or upon the ground. FRONT or FACE -- The outer surface of a building which is visible from any private or public street or highway. ILLUMINATED SIGN -- Any sign illuminated by electricity, gas or any other artificial lighting. LIGHTING DEVICE -- Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign. MAJOR STREET -- A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas. MARQUEE or CANOPY -- These shall be considered roof structures. MINOR STREET -- A street intended to serve primarily as an access to abutting properties. PERSON -- A person, firm, partnership, association, corporation, company, institution or organization of any kind. PORTABLE SIGN -- A sign (whether on its own trailer, wheels or otherwise) designed to be movable and not structurally attached to the ground, a building, structure or any other sign. PROJECTING SIGN -- A sign which is attached to the building wall and which extends more than fifteen (15) inches from the face of such wall, and a sign which is perpendicular to the face of such wall. PROPERTY LINE: A. FRONT PROPERTY LINE -- The line separating the property from the boundary of the highway or right -of-way upon which the property abuts. B. FRONT PROPERTY LINE OF CORNER LOT -- The line facing the wider of the two streets abutting the lot, unless they are equal, in which event the front property line may be established on either street. C. REAR PROPERTY LINE -- The property line opposite to and the most distant from the front property line. D. SIDE PROPERTY LINE -- Any property line other than a front or rear property line. ROOF SIGN -- A sign erected upon a roof or parapet of a building or structure. SIGN -- A name, identification, display, announcement, declaration, device, demonstration or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure or parcel of property and which directs attention to an object, product, place, person, activity, institution, organization or business. SIGN STRUCTURE -- The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two (2) or more sides where the angle formed between any of the sides or the projections thereof exceeds thirty degrees (300) each side shall be considered a separate "sign structure." SIGN SURF ACE OR AREA -- The entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display. The structure supporting a sign shall not be included unless the structure is designed in a way to form an integral background for the display. Only one (1) face of a double-faced sign shall be included as surface or area of such a sign. STANDARD OUTDOOR ADVERTISING PANELS -- An advertising panel structure, approximately twenty-five (25) feet horizontal and twelve (12) feet vertical, used for the posting or painting of advertising or public service copy. STREET -- A public way which affords the principal means of access to abutting property, including a(n) avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley. TEMPORARY SIGN -- The surface used for the purpose of short-term advertising limited to thirty (30) days. WALL SIGN -- A sign which is attached to the wall of a building, with the face in the plane parallel to such wall and not extending more than fifteen (15) inches from the face of such wall. WINDOW SIGN -- A sign maintained in or painted upon a window or which is inside a structure not in or on a window but visible from a parking lot or roadway. ZONE -- The zones created by the Town of Queensbury. ~140-3. Signs allowed without permit. The following signs are permitted without a permit, provided that such signs comply with the general regulations of this Chapter: A. Signs posted by governmental agencies or required by governmental law, order or regulations. B. Signs incidental to the legal process. C.Historical tablets, memorial plaques or emblems installed by governmental agencies or religious or recognized nonprofit organizations, not to exceed six (6) square feet. D.Transportation signs, including bus stops, etc., not to exceed two (2) square feet. E.Flags or emblems of religious, educational or governmental organizations or individuals, flown from supports of the buildings or grounds being occupied by the organization or an individual. F. Signs necessary for the identification, operation or production of public utility. G.On-premises directional and/or instructional signs for the convenience of the general public, identifying public parking areas, loading zones, entrances and exits, self-service areas and similar signs, internally illuminated or non-illuminated, not to exceed four (4) square feet. Where a portion of a sign is text required by law or regulation, the total area may be increased to maximum of six (6) square feet per face. Business names or personal names shall be allowed, not to include advertising messages. A maximum height of six (6) feet shall be allowed, except that, where required for public safety and/or by order of enforcement officers, a maximum height often (10) feet may be allowed. H. "Warning," "Private Drive," "Posted" or "No Trespassing" signs, not to exceed two (2) square feet in surface area. I. Signs which are an integral part and advertise only the contents of vending machines and which are located within the profile of such vending machines, such as gasoline pumps and milk machines, not to exceed two (2) square feet. lOn-premises signs which are not visible from any public street or adjoining and abutting properties. K.Signs advertising the sale, lease or rental of the premises upon which the sign is located, to be non- illuminated. (1)R Zones: one (1) sign per owner and one (1) sign per broker, each sign not to exceed six (6) square feet. (2)C or M Zones: one (I) sign, not to exceed fifty (50) square feet. Setbacks from all property lines shall be a minimum of fifteen (15) feet. (3)Signs shall be removed by three (3) days after the sale, lease or rental of the premises. L.Project signs, non-illuminated, denoting the developer, architect, engineer, subcontractors or contractor on the premises where construction, repair or renovation is in progress. Each project shall be permitted one (1) sign not to exceed fifty (50) square feet in surface area, to be removed upon completion of project but not to be in place longer than two (2) years. Setbacks from all property lines shall be a minimum of fifteen (15) feet. M.One (1) double-faced freestanding sign and one (1) single-faced attached sign for professional offices (physician, dentist, architect, engineer, surveyor or lawyer) and permitted home occupations, not to exceed two (2) square feet of surface area per face, stating name and vocation only. N.Name and number plates identifying residents, mounted on a house, apartment or mailbox, not to exceed one (1) square foot. O.Lawn signs identifying residents, notto exceed one (1) square foot of surface area, or two (2) square feet if double-faced. Signs are to be non-illuminated except by a light which is an integral part of a lamp-post, if used as a support, with no advertising message thereon. P.Private-owner merchandise sale signs for garage sales and auctions, not to exceed four (4) square feet, for a period not to exceed seven (7) days. Q.Price signs required on gasoline pumps by New York State or federal law, not to exceed the minimum requirements established by said state or federal laws. ~140-4. Temporary signs. A. General provisions. (1)All temporary signs shall be granted a permit or permits for a period not to exceed sixty (60) days per calendar year, provided that such signs are not attached to fences, trees, utility poles, rocks or other such parts of a natural landscape, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public. Temporary sign permit applications shall be available from the Office of the Director of Building and Codes. The application must be signed by the property owner or his/her authorized agent and the proper fee and deposit must be paid at the time of application submission (see ~140-4F, Fees for temporary sign permit). (2)The sign must be removed upon expiration of the permit. Upon failure of the permit holder to remove the sign, the Director of Building and Code Enforcement will issue a written notice directing that the sign be removed within twenty-four (24) hours. Failure to comply with this notice within twenty-four (24) hours shall result in forfeiture of the cash deposit. (3)All regulations as listed in ~ 140-5, General standards and regulations, shall apply to temporary signs. (4 )The following temporary signs are prohibited: (a)A-frame style of a temporary nature. (b) Portable signs. B. Types of temporary signs allowed. (1)Temporary wall signs. (2)Temporary, double-sided, freestanding signs. (3)Off-premises, temporary signs with property owner approval. C. Sizes of temporary signs allowed. (1)Temporary wall signs shall be limited to thirty-two (32) square feet in area. (2)Temporary freestanding signs shall be limited to sixteen (16) square feet in area. D. Placement of temporary signs allowed. (1)Temporary wall signs must be placed flush against the wall of a building and may not project more than four (4) inches from the surface of the wall to which it is attached. (2)Temporary freestanding signs must be placed a minimum of fifteen (15) feet from the front property line. In instances where the front property line cannot be determined, the following setbacks shall apply: (a)F orty (40) feet from the center line of a two-lane road. (b)Forty-five (45) feet from the center line of roads with three (3) or more lanes. E. Number of temporary sign permits allowed. (1)Five (5) temporary sign permits per applicant for a maximum of sixty (60) days per calendar year. (2)Only one (1) active, temporary sign permit per applicant. F.Fees for temporary sign permit. A fee often dollars ($10.) per twelve-calendar-day period shall be paid upon the issuance of a permit for such sign, and a cash deposit of fifty dollars ($50.) shall be deposited with the Director of Building and Codes to ensure removal of such sign or signs at the expiration of the permit. If the number of signs is ten (10) or more, the cash deposit shall be one hundred dollars ($100.). ~140-5. General standards and regulations. The following regulations shall apply to all signs: AAny advertising signs that are located on property where the goods or services mentioned on the sign are not available are not permitted, except billboards. B.Illumination. All illuminated signs shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent sequences or moving lights. No bare lamps, bare bulbs or fluorescent tubes over forty (40) watts shall be allowed. No bare lamps or bare bulbs on a string shall be allowed. The provisions of this subsection shall not be applied so as to prohibit a sign changing to show time or temperature. No sign shall use reflective material which sparkles or glitters. C.Hazard or nuisance. No sign or illumination therefrom shall be so placed as to be a hazard to traffic or the public generally or as to be a nuisance or annoyance to the residents or occupants of any other building or premises, nor shall any sign project into any public right-of-way. D.Signs using red, yellow or green lights shall not be placed within one hundred (100) feet of traffic control signals. E. Signs or advertising matter of an indecent or obscene nature shall be prohibited. F.No misleading advertising shall be allowed. G.Signs using wording such as "stop," "look," "danger" or words of a similar nature which may tend to confuse, mislead or resemble any governmental or duly authorized sign shall be prohibited. H.No projecting sign shall be erected or maintained from the face of a building a distance of more than four (4) feet. I.Any advertising which uses a series of two (2) or more signs placed along a street or highway, carrying a single advertising message, part of which is contained on each sign, shall be prohibited. lAll signs and parts thereof shall be stationary and shall not be allowed to simulate movement. Flags, banners, pinwheels, posters, balloons, streamers, searchlights or other similar fluttering, moving or revolving devices for the purpose of advertising or attracting attention shall be prohibited, except as may be permitted under ~140-4, Temporary signs. K.No permanent sign erected or maintained in the window of a building and visible from any public or private street or highway shall occupy more than twenty-five percent (25%) of the area of said window. L.Only one (1) sign designating credit cards acceptable at anyone (1) premises may be displayed. Such sign shall be no more than six (6) square feet in area. Said sign area shall not be computed as part of allowable sign footage. M.Portable signs shall not be allowed. Vehicles parked on the street or in locations on private property which have attached thereto or suspended therefrom any advertising sign shall not be allowed. This subsection shall not apply to permanent business identification on vehicles. N. Signs which project above any roof ridge line or parapet line shall not be permitted. Signs which change the profile of the building shall not be permitted. O.The text on each sign shall be limited to the following: (1 )The name or assumed name of the owner of the property on which it is located. (2)The principal business or businesses conducted on the property. (3)A brief indication of the products or services available. (4)(No) vacancy. (5)Price information. P.A wall sign shall not project more than fifteen (15) inches from the face of the building wall nor extend beyond the outer edge of the wall to which it is attached. Q.Advertising panels shall meet the following requirements: (1)No new advertising panels shall be constructed. (2)All advertising panels shall be standard outdoor advertising panels except that those now located between six hundred sixty (660) and one thousand five hundred (1,500) feet from and visible from the Northway right-of-way may remain the existing size. (3)Standard outdoor advertising panels may be continued and maintained in any C or M Zone, but they may not be double-decked or over twenty-five (25) feet in height, and they shall empty only lights emitting a light of constant intensity. ~ 140-6. Signs for which permits are required; number; regulations. AGeneral. No sign or other device for advertising purpose shall be erected, established, constructed, reconstructed, enlarged, extended, moved or structurally altered after the effective date of this Chapter without application for and issuance of a permit, except as provided for by this Chapter. B. Setback size, placement and number, height and off-premises directional sign limitations of permitted SIgnS. (1 ) Setback. (a)Freestanding signs. The setback for freestanding signs shall be a minimum distance of fifteen (15) feet from any property line. (2) Size. (a)Freestanding signs. The surface area of one (1) side shall not exceed fifty (50) square feet at a fifteen- foot setback or sixty-four (64) square feet at a twenty-five-foot setback. (b) Signs attached to buildings (wall signs and permitted roof signs). [1] The surface area of signs attached to any building shall not exceed twenty-five percent (25%) of the area of the wall or roofto which such sign is attached. A minimum area of thirty (30) square feet shall be allowed in any case. The size of wall signs and permitted roof signs will be further regulated by the distance of the building from the front property line. Buildings which are located within or at a distance of one hundred (100) linear feet from the front property line are permitted to have a wall sign or a permitted roof sign of up to one hundred (100) square feet. Buildings with more than one hundred (100) feet of setback from the front property line will be permitted an additional ten (10) square feet of sign surface for each ten (10) additional feet of setback to a maximum sign size of three hundred (300) square feet. A shopping center with a group of stores or sales or service buildings shall not be eligible for this permit. [2] In order for a roof sign to be permitted, there must be compliance with all other provisions of this Chapter. If a roof sign is permitted under this Chapter with respect to a particular building or structure, only either a roof sign or a wall sign shall be allowed, not both, and the total permitted surface area of either such roof sign or wall sign shall be as set forth in Subsection B(2)(b)[I] above. (3) Placement and number. (a)Freestanding signs shall be allowed in C and M Zones only, except as provided for in this Chapter. (b) Signs attached to buildings shall be allowed in C and M Zones only, except as provided for in this Chapter. (c) A business located on a parcel of property shall be granted a permit for two (2) signs: one (1) freestanding, double-faced sign and one (1) sign attached to a building (wall sign or permitted roof sign) or two (2) signs attached to a building. A building on a street corner lot or contiguous to two (2) streets shall be allowed two (2) building signs and one (1) freestanding sign. Where a building is situated on a corner lot, one (1) wall sign will be allowed on each side of the building facing a public street. Only one (1) freestanding sign will be permitted in these circumstances. (d)Business complex. The following regulations shall apply specifically to a business complex. These regulations supersede other provisions of this Chapter. [1] No signs other than the following types of signs shall be allowed within a business complex: [a] Freestanding signs. [b ] Wall/roof signs. [c] On-premises directional signs, as described in ~ 140-30. [2] Signs allowed within a business complex shall comply with the following size and dimensions: [a] Double-sided, freestanding signs shall be limited to fifty (50) square feet in area at a setback of fifteen (15) linear feet and sixty-four (64) square feet in area at a setback of twenty-five (25) feet. Maximum height shall be twenty-five (25) feet. [b] Wall/roof signs shall be regulated by the distance of the wall or roof on which the sign is to be placed to the front property line. At a distance of up to one hundred (100) linear feet from the front property line, the wall or roof sign area shall be limited to one hundred (100) square feet. Linear setback distances of greater than one hundred (100) linear feet from the front property line shall be permitted an additional ten (10) square feet of sign area for each ten (10) additional feet of setback distance. In any case, wall signs shall not exceed twenty-five percent (25%) of the area of the wall or roofto which they are attached. [c] Directional signs shall be limited to four (4) square feet in area. When a portion of a sign is text required by law or regulation, the total area may be increased to a maximum of six (6) square feet. Maximum height shall be limited to ten (10) feet. [3] Placement of signs within a business complex shall be regulated as follows: [a] A freestanding sign may be placed at each entrance accessing a different public right-of-way. Freestanding signs shall be placed a minimum of fifteen (15) feet from the front property line. In entrances where the front property line cannot be determined, the following setbacks shall apply: (i) Forty (40) feet from the center line of a two-lane road. (ii) Forty-five (45) feet from the center line of a road with three (3) or more lanes. [b] Wall/roof signs shall not project above the roof ridge line or parapet line of the building to which they are attached. Wall/roof signs shall not alter or expand the profile of the building to which they are attached. [c] Directional signs shall be placed at points of ingress or egress to the business complex. Placement of directional signs shall not adversely affect vehicular or pedestrian traffic safety or flow. [4] The number of business complex signs shall not exceed the following criteria: [a] One (1) freestanding sign per entrance accessing a different public right-of-way. [b] One (1) wall sign per occupant of the business complex. [5] Other provisions. Lettering and/or logos on freestanding signs for business complexes shall be a minimum of six (6) inches in height. (e )Hotels, motels, golf clubs, ski areas, boat storage, amusement centers and other substantial facilities in all zones shall be permitted two (2) signs of fifty (50) square feet maximum each. (f)Roadside stands in all zones shall be permitted two (2) signs: one (1) for identification and one (1) for current products for sale, each sign not to exceed thirty-two (32) square feet. (g) Apartment complexes in all zones shall be permitted one (I) sign for each entrance on a different street or highway, each sign not to exceed fifty (50) square feet. Apartment complexes shall also be permitted one (1) sign, to include changeable text, not to exceed six (6) square feet. (4) Height. (a)No freestanding sign shall exceed a height greater than the following: [1] R Zones: twelve (12) feet. [2] C and M Zones: twenty-five (25) feet. (b )The height of such signs shall be measured from grade level or entry level of the building or structure, whichever is lower, and shall include supporting structures. (5) Off-premises directional sign. (a) Signs for the convenience of the general public and for the purpose of directing persons to a business, activity, service or community facility may be erected in any zone, provided that such sign does not exceed ten (10) square feet of area per establishment, not to exceed a total of one hundred (100) square feet. (b)Text shall be limited to name or identification; arrow or direction; and distance. Advertising messages shall be prohibited. (c)Permits for such signs shall be subject to the approval of the Town Planning Board. (d) Such signs shall be limited to major and collector streets. ~ 140-7. Previous sign permit approvals and fees. All sign permit approvals and fees previously issued and collected by the Town of Queensbury under any previous Sign Ordinance shall be deemed valid, binding and in full force and effect. ~ 140-8. Nonconforming signs. A nonconforming sign is a sign which is in conflict with the provisions of this Chapter. Such sign or signs in existence on the effective date of this Chapter shall be brought into conformity in all respects with the provisions of this Chapter or shall be removed within sixty (60) days of such effective date. ~ 140-9. Permit procedure; fees. AApplication for permit. Application for the permit shall be made in writing, in duplicate upon forms prescribed and provided by the Director of Building and Code Enforcement and shall contain the following information: (1 )The name, address and telephone number of the applicant and the owner of the premises. (2)The location of the building, structure or land to which or upon which the sign is to be erected. (3)A detailed drawing or plan, to scale, showing the area (size) and the lettering and/or pictorial matter composing the sign; a description of the construction details of the sign; the method of illumination, if any; the location of the sign on any building, structure or land and its position in relation to nearby buildings, structures, lot boundaries and any private or public streets or highways; and any other information deemed necessary by the Director of Building and Code Enforcement. (4)Written consent of the owner or lessor of the building, structure or land to which or on which the sign is to be erected, in the event that the applicant is not the owner thereof. (5)A change of copy requires a permit, except in the case of any changeable copy sign. B. Fees. (1)A fee shall be paid to the Director of Building and Code Enforcement for each sign permit issued as set forth in the following schedule: (a) Temporary sign or group of identical signs: fee often dollars ($10.) and deposit of fifty dollars ($50.); for ten (10) signs or more, deposit of one hundred dollars ($100.). (b )All others: fee of two dollars ($2.) per square foot of sign area. (2)Where work for which a permit is required by this Chapter is started or proceeded with prior to obtaining a permit therefor, the fees specified in the fee schedule shall be doubled but the payment of such double fees shall not relieve any persons from fully complying with the requirements of this Chapter in the execution of the work nor from the penalties prescribed in this Chapter. C.Issuance of permit. It shall be the duty of the Director of Building and Code Enforcement, upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the applications and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this Chapter and other laws and ordinances of the Town of Queensbury and that the necessary fee has been paid, the Director of Building and Code Enforcement shall, within seven (7) days, issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six (6) months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed once, within thirty (30) days from the expiration thereof, for good cause shown for an additional six (6) months, upon payment of an additional fee of five dollars ($5.). ~ 140-10. Construction and maintenance. All signs in the Town shall meet the following requirements: AAll signs installed in the town after the effective date of this Chapter shall have attached to them a nameplate giving the sign permit number and the name and address of the owner, person or corporation responsible for the general requirements and maintenance as outlined in the Chapter. B.Internally illuminated signs. Such signs shall be constructed in conformance with the Standards for Electric Signs (UL 48) of Underwriters Laboratories, Inc., and bear the label of the Underwriters Laboratories, Inc. C. Wind pressure requirements. All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area. D. General maintenance. The Director of Building and Code Enforcement shall require proper maintenance of all signs and shall inspect every sign within thirty (30) days after it is erected. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair, in safe condition and in a proper state of preservation. E.All illuminated signs shall be inspected and certified by an appropriate electrical inspection agency under Chapter 80, Electrical Standards, if it does not bear the Underwriters Laboratories, Inc., label. ~ 140-II.Penalties for offenses. APenalty for failure to apply for sign permit. Any person who proceeds to erect, re-erect, construct or structurally alter any sign without first applying for and obtaining the necessary permit shall be considered in violation of this Chapter and shall be liable for a fine of not more than two hundred fifty dollars ($250.) or imprisonment for a term not exceeding fifteen (15) days, or both, for each offense. Each day that the violation is permitted to exist shall constitute a separate offense. B.Penalty for failure to comply with Chapter. In case of a violation of this Chapter, the Town and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate proceedings to prevent unlawful erection, construction, reconstruction or alteration of any sign. C.Penalty for failure to maintain. The Director of Building and Code Enforcement may order the removal of any sign that is not maintained in accordance with this Chapter. D . Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold shall be taken down and removed by the owner, agent or person having beneficial use of such building, structure or lot upon which such a sign is located, within a period of thirty (30) days after written notification from the Director of Building and Code Enforcement, after which period the Director of Building and Code Enforcement is hereby authorized to cause removal of such sign, and any expenses incidental thereto shall be chargeable to the owner of the buildings, structure or lot upon which the sign is located. E.Unsafe and unlawful signs. If the Director of Building and Code Enforcement shall find that any sign or other advertising structure regulated herein is unsafe, insecure, a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this Chapter or any other ordinance, law or statute, he shall give written notice to the owner of the sign and/or property thereof. If the owner fails to alter the structure so as to comply with such ordinance, law or statute, and/or remove such sign or structure, whichever is applicable, within thirty (30) days after such notice, the Director of Building and Code Enforcement shall be authorized to cause removal of such sign, and any expenses incidental thereto shall be chargeable to the owner of such sign and/or premises upon which the sign is located. The Director of Building and Code Enforcement may cause any sign or structure of a sign which is an immediate peril to persons or property to be removed summarily and without notice, with the expenses charged to the owner. ~ 140-12.Enforcement. This Chapter shall be enforced by the Director of Building and Code Enforcement or his duly authorized assistant(s), who shall be appointed by the Town Board. No permits for signs shall be issued by him, except where all of the provisions of this Chapter have been complied with. It shall be the duty of the Director of Building and Code Enforcement to issue a sign permit, provided that he is satisfied that the sign conforms in all respects with the requirements of this Chapter and that all other reviews and actions, if any, called for in this Chapter have been complied with and all necessary approvals secured therefor. When the Director of Building and Code Enforcement is not satisfied that the applicant's proposed sign will meet the requirements of this Chapter, he shall refuse to issue a sign permit, and the applicant may appeal to the Board of Appeals for a reversal of the decision of the Director of Building and Code Enforcement. The Director of Building and Code Enforcement shall further have the power to revoke permits issued if it shall appear at any time that the application or accompanying material is in any respect false or misleading or that the work being done is differing materially from what is called for on the application filed with him. ~ 140-13.Appeals. AAn appeal to the Board of Appeals from a ruling of the administrative officer administering any portion of this Chapter may be taken by a person aggrieved by filing with the Director of Building and Code Enforcement from whose action the appeal is taken and with the Board of Appeals by filing with the Secretary thereof a notice of appeal specifying the grounds therefor in the form set forth herein. All such appeals shall be in writing and shall refer to the specific provisions of this Chapter setting forth exactly the interpretation that it claimed and such other information as shall be deemed appropriate and proper by the Zoning Board of Appeals. An appeal shall stay all proceedings and furtherance of the action appealed from, unless the Director of Building and Code Enforcement certifies for the Board of Appeals after notice of such appeal shall have been filed, that by reason of the fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board of Appeals or by the Supreme Court on application on notice to the Director of Building and Code Enforcement and on due cause shown. B.All decisions from the Board of Appeals are subject to Court review in accordance with the applicable laws of the State of New York. C.The Board of Appeals shall decide each appeal within sixty (60) days of filing thereof. After hearing the appeal, the decision of the Board of Appeals shall be immediately filed in its office and shall become a public record. The Board of Appeals may, in conformity with the provisions of this Chapter, reverse, affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or make any such order, requirement, decision or determination as may be necessary in accordance with the provisions hereof. Unless otherwise specified by the Board of Appeals, a decision on any appeal or request for a variance shall expire in the event that the applicant fails to obtain any necessary permit or comply with the conditions of such authorized permit within six (6) months from the date of authorization thereof. D. The Board of Appeals shall fix such a reasonable time for the hearing of an appeal or other matter referred to it and give the public notice thereof by the publication of the same in the official paper of the notice of the meeting at least five (5) days prior to the date thereof and shall, at least five (5) days before such hearing, mail notice thereof to the following officials, persons and owners of properties involved and in accordance with the requirements of ~267, Article 16, Chapter 62, of the Consolidated Laws of the State of New York (Town Law ~267): (1)When appealing the action of the Director of Building and Code Enforcement: the Director, the appellant and also the applicant, if the appellant is an aggrieved person other than the applicant. (2)In the case of a variance, all owners of property within five hundred (500) feet of the nearest line of the property for which the variance or other special relief is sought, and to such other property owners as the Chairman of the Board of Appeals may direct. ~ 140-14.Variances. The Board of Appeals may vary or alter or adapt the strict application of any of the requirements of this Chapter in the case of exceptional physical conditions, whereby such strict application would result in substantial difficulty or unnecessary hardship that would deprive the owner of a sign or the reasonable use of the same. No variance in the strict application of the provisions of this Chapter shall be granted by the Board of Appeals unless it finds that there are special circumstances or conditions applying to the land or a sign and not applying generally to land or signs in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of such sign or land, where the variance would otherwise be in general harmony with restrictions established for the area, and where it shall find that the request made is the minimum variance that will accomplish the necessary objectives intended and that the granting of the variance will be in general harmony with the general purpose and intent of this Chapter and with the Master Plan of the Town of Queensbury and will not be otherwise injurious to the neighborhood or detrimental to the public welfare. ~ 140-15 .Interpretation. The Board of Appeals shall, upon appeal from a decision by an administrative official, decide any question involving the interpretation of any provision of this Chapter, including a determination as to the exact location of any district boundary if there is any uncertainty with respect thereto. SECTION 2. Severability . As also set forth in Queensbury Town Code ~ 1- 5, if any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 3. Effective Date. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law ~27. PUBLIC HEARING - PROPOSED SOUTH QUEENSBURY SEWER DISTRICT NOTICE SHOWN 7:45 p.m. SUPERVISOR BROWER-This next public hearing references the South Queensbury, Queensbury Avenue Sewer District. This is a sewer district proposed to handle the existing Warren County Industrial Park near the airport as well as the existing Washington County Industrial Park and the future Washington County Industrial Park along with lands in, owned by Forest Enterprises which encompass some of the lands previously owned by Earltown Corporation. It also encompasses North Country Imports, the auto dealer and other properties along that route. That being the case, I'd ask if there's anyone that would like to address the Town Board at this time on these issues. Being none, yes Ma'am, please. MS. PAT JAMESON, Ridge Road-I'm Pat Jameson, I live on Ridge Road and I want to know where the route of the sewer district? SUPERVISOR BROWER-Well, Mike would you care to, Mike Shaw is here from Wastewater Department, would you like to address this question please, Mike? MIKE SHAW, DEPUTY DIRECTOR OF WASTEWATER-Okay, could your repeat your question. MS. JAMESON-I want to know the route the sewer is going to take from the Industrial Park to where it ends. MR. SHAW, DEPUTY DIRECTOR OF W ASTEW A TER- The route you're requesting or talking about is going to go from the airport, the existing airport east or south along Queensbury Avenue okay to aNIMO right-of-way and across the NIMO right-of-way crossing Quaker Road to Apollo Drive into the City of Glens Falls. It won't affect Ridge Road at all. MS. JAMESON-I wanted to know was it going to affect Dix Avenue? It's not going as far south as Dix Avenue? MR. SHAW, DEPUTY DIRECTOR OF WASTEWATER-No, it won't affect Dix Avenue either. Dix Avenue will not be in the sewer district. Is there a particular parcel that you were interested in having in the sewer district? MS. JAMESON-Well, I thought originally it was either going to go all the way down Quaker Road to Dix Avenue or all the way down Quaker Road to Boulevard, was my understanding and then to Ciba Geigy. SUPERVISOR BROWER-No, it's cutting across the NIMO right-of-way to Queensbury Avenue and then proceeding. MS. JAMESON-Yea, but originally, originally wasn't it going to go SUPERVISOR BROWER-No, there was some discussions of a proposed alternate route but COUNCILMAN MARTIN-Many years ago that was. SUPERVISOR BROWER-That was a while ago, yea. COUNCILMAN BREWER-Mike, do you want this map to show her? MS. JAMESON-And another thing, when you're having a hearing, why don't you put up a map ahead of time, for any hearing? Some towns require it up nine o'clock in the morning so that people can check during the day if they have questions. COUNCILMAN MARTIN-That's a good idea. SUPERVISOR BROWER-That's actually a good idea. MS. JAMESON-I've asked you before. I'm asking you again. SUPERVISOR BROWER-Thank you. MS. JAMESON-Any hearing, it will save people coming up and asking, wasting time right now. COUNCILMAN MARTIN-It's not wasting time but that's still a good point. MS. JAMESON-Well, and another thing, while I'm up here, why don't you put names on that table? COUNCILMAN BREWER-We don't want anybody to know who they are? MS. JAMESON-Oh, that's what I thought. COUNCILMAN STEC-Especially the guy the beard. MS. JAMESON-That's why I asked you. Do you think you could have signs put there then we'd know whose listening to us? COUNCILMAN MARTIN-We used to have Town Counsel and Planning. SUPERVISOR BROWER-Certainly. MS. JAMESON-Okay, very good. SUPERVISOR BROWER-Certainly. MS. JAMESON-Thank you. COUNCILMAN STEC- That's a good idea. SUPERVISOR BROWER-Thank you very much. COUNCILMAN BREWER-Take it out of the Comptroller's budget. SUPERVISOR BROWER-Thank you Mike. Would anyone else like to address the Town Board on this issue at this time? Yes, Ma'am. SUE NASSIVERA, Queensbury Avenue-I'm Sue Nassivera, I live on Queensbury Avenue. Will the residents on Queensbury Avenue be involved in this at all? SUPERVISOR BROWER-No. MS. NASSIVERA-I assume in the future. SUPERVISOR BROWER-No, unless they requested to be part of the project, they wouldn't be included in the district and it is a force main district so it's not necessarily a gravity feed sewer like some of our sewers in town. MS. NASSIVERA-Okay. Will the residents be charged for the districts since we live there? SUPERVISOR BROWER-No. COUNCILMAN TURNER-No. SUPERVISOR BROWER-No. No, you will not. COUNCILMAN STEC-She's happy, all right. SUPERVISOR BROWER-Actually, well, that's another subject. At this time, anyone else care to address the board, at this time? Being none, I will close the public hearing. PUBLIC HEARING CLOSED 7:50 p.m. Supervisor Brower-I'll ask the town for any input or comments, questions, whatever. Councilman Turner-This related to the Comptroller's request for additional information? Supervisor Brower-Yes. Councilman Turner-It is? Supervisor Brower-Well, yes before we Councilman Turner-Before we go ahead? Supervisor Brower-Yes. Councilman Turner-Okay. Town Counsel Schachner-I didn't hear what Ted asked but from our perspective, just so the board knows, we're likely to recommend another public hearing when the map, plan and report are amended. Councilman Turner-Yea. Supervisor Brower-Right, okay. Town Counsel Schachner-That might be what you asked, I didn't hear, sorry. Councilman Turner-Yea. Supervisor Brower-I thought we would need one as well. Town Counsel Schachner-That's our opinion, just so that everybody knows, we're going to recommend another public hearing when the map, plan and report are amended. Councilman Turner-Yea, when it's done. Supervisor Brower-So, we probably shouldn't take any action on this at this time, right? Town Counsel Schachner-You can't take any action. There's no action to be taken yet. Supervisor Brower-Okay, great. OPEN FORUM Mr. Joe Fusco, 67 Cedar Court, President of the Cedar Court Homeowner's Association spoke to the board regarding the recent difficulties that occurred with their septic tank pump out program at Cedar Court noting that three septic tanks constructed by the Michael's Group at the western end of the development were buried four and a half to five and a halffeet below grade. It was necessary to bring in a backhoe to gain access for a simple pump out procedure. Because of this, an extensive amount of unavoidable damage was done to the lawns and landscaping but more importantly, the additional costs associated with the heavy equipment and the operator, additional labor, our decision to install risers for extensions for future pump outs, reseeding and upset homeowners whose lawns were torn up and could have been avoided by responsible and reasonable construction practices. What should have cost our association approximately five to six hundred dollars for these three pump outs, cost us over thirty-six hundred dollars. Incidentally, we will be seeking a remedy for these costs in another venue. . .. In a related matter, none of the as-built drawings turned over to us showing location of septic tanks were accurate. .. In several instances where the drawings showed the location to be in the front of the house, the actual location of the septic tank was in the rear of the house. Where the drawing showed the location to be at the left of the driveway, the actual location was to the far right of a second unit driveway. In one instance the access cover and tank were located directly under the driveway, lantern and shrubs. These are the same drawings that are on file with the Town of Queensbury Building Department and approved by the Zoning Administrator at the time. If you feel as we do, that all this additional expense and aggravation could have been avoided with codes that specified something to the affect that access covers to septic tanks should be no lower then eighteen, twenty, twenty-two, whatever inches below the finish grade, then we would request that the codes be reviewed and revised. Councilman Martin noted that the as-built drawings are usually certified by a surveyor. .. the Building Inspector is simply going to go out and make sure it's installed to function and according to code but the as- built drawing is put in our file and certified by a surveyor. Supervisor Brower-Do they typically check out septic tanks? Councilman Martin-No, they're not going to locate a septic tank on an as-built drawing because it's obviously below grade and covered and therefore they can't see it. Councilman Brewer-But how do they know the septic system is ten feet away from the house if they don't go and inspect it? Mr. Fusco-My discussion with Dave Hatin, I was told that, what they did, the Michael's Group did not violate any codes of the Town of Queensbury and that's why I'm here tonight, if they didn't violate any codes, what do we as homeowner's have, what protection do we have of builders who decide to bury a tank five feet and maybe there's a legitimate reason for burying a tank five and a halffeet deep. Councilman Martin-Yea, I could see that but there should have been risers put on. Mr. Fusco-But there should have been extensions and risers and what we're saying is, maybe the code should say something simply to the effect that a tank that is buried that deep, should have an access cover that's no less than twenty inches, eighteen inches below the surface... Concerned about the Michael's Group getting an awful lot of attention in this town with buildings and construction projects. Councilman Martin-That particular system over there though is somewhat unique as I recall because there is a centralized leach bed in one part of that project that services the septic needs of that entire project. Mr. Fusco-We had problems with that for a year and a half that have been resolved and the Michael's Group did contribute some money to get that problem resolved but they're washing their hands of this. Councilman Martin-I'm just speaking to the design and I think as I recall there is a couple of pump stations maybe in that system. Mr. Fusco-One pump station. Councilman Martin-One pump station to get it and that's why you maybe seeing unusual septic tank depths to get that system to flow right. Councilman Brewer-Do we have standards, Chris as far as the depth of them? Chris Round, Executive Director of Community Development-Typically, there's minimum depths, minimum coverages but not maximum coverages. Councilman Martin-Would you be opposed to coming in and spending a little more time on this topic with us? Mr. Fusco-Absolutely not. Councilman Martin-What I'm thinking is to invite them in for a workshop session with us, there's been a weakness pointed out and I think we should address it. Town Board agreed. Barbara Bennett, Queensbury suggested that rather then just reading the resolution titles, to give a brief explanation. Bill Stapleton, 183 Assembly Point Road questioned whether the results are back from CT Male? Mr. Round, Executive Director of Community Development noted that they're not completed with their work. Mr. Stapleton thanked Laura Moore for providing the print out of the entire Assembly Point Road with the roads. . . Noted concern about the environmental impact of the road on the lake. .. Recommended an open forum meeting with all the involved agencies which could include the residents of the area. .. Spoke with the neighbors that were present at the previous meeting who were against the relocation of the road and asked them what their objections were... They had three, one being if the road were moved it would create a special taxation district. Two, it would create hazardous traffic problems that didn't exist before such as the creation of a highway behind our homes that could lead to compromising safety of children, ecetera. Three, they would lose the use of the road as a pedestrian and bicycle type way, as a recreational path... Recommended the existing road be strictly for pedestrian and bicycles and the road for traffic take another route. .. Questioned whether the neighbors could be notified when the report from CT Male comes through.. . Mr. Round, Executive Director noted that he would do a mailing... Mr. Neil La Vigne, 119 Mt. View Lane spoke on behalf of his neighbor to the board regarding the possibility of having his neighbor's large dead tree, which he believes is in the town's right -of-way taken down by the town's highway department... concerned for the safety of the young children... Questioned whether the highway department could research as to who owns the tree so that they could arrange for it to be taken down.. Rick Missita, Highway Superintendent noted that he'll send a foreman over first thing in the morning to look at it and if it's in the right -of-way and something that can be taken down, we'll take it down if it's that dangerous. Mr. Peter Thomas, 179 Assembly Pointe Road referred to the Assembly Point Road situation and noted the he spoke to a gentleman who is evaluating the affect of the new federal waste water management on towns and how it will affect towns in the state... He told us that there would probably be no federal monies available to us considering the real estate around the lake. .. That we would, in the next couple of years have to rectify these wastewater management systems under this federal mandate. .. He recommended contacted a Mr. Valentine, an engineer at DEC who will come out and assist the town, look at the situation and make recommendations. .. We asked them to come out and they said that it would have be requested by the town. . .. Just wanted to make it known that this service is available. . . Councilman Martin-Is this stormwater, off of surface water runoff? Mr. Thomas-Yes. Councilman Martin-Okay, because you said wastewater. Mr. Thomas-No, this is stormwater. Councilman Martin-Is this at the Regional Office in Warrensburg? Mr. Thomas-Yes. Councilman Martin-Thank you, we'll give them a call. Mr. John Salvador noted, with regard to Assembly Point Road, the Lake George Park Commission has entered into a Memorandum of Understanding with DOT... (shared with the board pictures of the dry hydrant testing) Noted, the North Queensbury Fire Company is very pleased with their ability to draft water. .. Recommended the Highway Department provide snow removal for the hydrant. Councilman Martin noted that the Highway Department does not take care of the snow removal for hydrants ... Supervisor Brower recommended contacted North Queensbury Fire Company for their assistance with the hydrants. Mr. Salvador referred to the recent generous donation from Charlie Wood to the library construction process and questioned whether it would be reflected in the referendum that the public votes on? Councilman Brewer noted, yes it is. Mr. Pliney Tucker, Division Road, Queensbury referred to Resolution 5.12 and questioned the reason for the change in the Pilot Agreement. Supervisor Brower noted that the school indicated that they didn't believe they had been properly represented in the negotiations. .. we have been approached by Mr. Paltrowitz, the attorney for the school who asked if we could revisit this. .. we listened to their argument and we felt that they were asking for a reasonable amount so we agreed to agree. Mr. Tucker questioned whether the school district is happy with this? Supervisor Brower noted that they're pleased with this. Mr. Tucker questioned what the difference is from the original proposal and whether it was public knowledge? Supervisor Brower noted that he didn't have it in front of him but that it was public knowledge and could get the information for him Mr. George Stec, Butler Pond Road, Queensbury noted that he was pleased to see Resolution 5.5. .. His personal observation of the sitting board is a great board, that compliment they compliment one another. . . Referred to the closure of Fuller Road and noted that he was against it, still is against it and would like to see that road opened, the case go to court and tried on it's merits... Would like to see the Queensbury Recreation Department get more involved to find a means to expand the recreational environment to include French Mountain and West Mountain to accommodate the mountain bikers, hikers and photographers. .. Spoke regarding the snowmobile death last winter and the need to provide more trails. . . Referred to the A TV law and recommended a similar requirement where operators of snowmobiles obtain written permission from landowners before entering their property. Mrs. Betty Monahan noted support in reference to Mr. Stec's comments regarding the issue of snowmobiles, that they should have the same requirements as the operators of the ATV's... Mr. La Vigne referred to snowmobile accident death, noted that he went to the accident scene and there was no way he could have seen the chain, it was buried under the snow... recommended gates or fences. Ms. Natalie Powers, II Highland Avenue noted that people ride snowmobiles through her property and cross Dix Avenue. .. support the idea of them obtaining permission of the property owners. OPEN FORUM CLOSED RESOLUTIONS 9:00 p.m. RESOLUTION AUTHORIZING ENGAGEMENT OF JARRETT-MARTIN, LLP TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATING TO PROPOSED CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 339,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 449.99, the Queensbury Town Board authorized engagement of Jarrett-Martin, LLP to prepare a map, plan and report in connection with the proposed creation of the South Queensbury - Queensbury Avenue sewer district, and WHEREAS, the Wastewater Director has advised that it will be necessary for Jarrett-Martin, LLP to provide additional engineering services outside of the scope of services authorized by Resolution No.: 449.99, and WHEREAS, Jarrett-Martin, LLP has offered to provide the additional engineering services for an amount not to exceed $7,000 as delineated in its August 15th proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Jarrett-Martin, LLP to provide additional engineering services in connection with the proposed creation of the South Queensbury - Queensbury Avenue sewer district as delineated in its August 15th proposal presented at this meeting for an amount not to exceed $7,000 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director and/or Town Supervisor to execute any documentation and take such action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING SECOND AMENDMENT TO INTERMUNICIPAL AGREEMENT WITH TOWN OF MOREAU FOR SALE OF WATER RESOLUTION NO.: 340, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, by Resolution No. 's: 78 and 146 of 2000, the Town Board approved an amendment to the Intermunicipal Agreement to extend the termination date in the Agreement, and WHEREAS, the Town Boards of Queensbury and Moreau wish to again extend the termination date and such modification is reasonable and acceptable to the Town Board, and WHEREAS, the Towns of Queensbury and Moreau wish to amend the Intermunicipal Agreement accordingly, and WHEREAS, a copy of the proposed Second Amendment to Intermunicipal Agreement has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Second Amendment to Intermunicipal Agreement with the Town of Moreau, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Second Amendment to Intermunicipal Agreement in form approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING WATER SERVICE TO BETTY DAYTON - RESIDENT LOCATED OUTSIDE OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 341, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, Town resident Betty Dayton of 68 Round Pond Road has requested water service from the Water District although her property is located outside of the Water District, and WHEREAS, a water line exists in front of the resident's property and the property across the street from the resident is located within the Water District, and WHEREAS, the Town of Queensbury's past practice is to grant water service to residents outside of the Water District until the next time that the Town extends the Water District, at which time the residents' properties will become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize an Agreement for the supply of water to Ms. Dayton in accordance with Town Law ~198(3)(b), and WHEREAS, the proposed Agreement for the supply of water is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to Betty Dayton until the Town Board approves the next Water District extension, at which time the resident's property will become part of the Consolidated Water District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the resident and signing the Agreement for the supply of water in accordance with Town Law ~198(3)(b), to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #121 - SIDEWALK CONSTRUCTION CAPITAL PROJECT RESOLUTION NO.: 342,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board plans to construct certain new sidewalks in the Town of Queensbury, beginning with the construction of sidewalks in the vicinity of Burke Drive, Queensbury, and WHEREAS, the Town Board wishes to establish a Capital Project Fund to fund the construction of sidewalks, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as "Queensbury Sidewalk Construction Capital Project Fund #121," which Fund will establish funding for the construction of sidewalks within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations for the new Capital Project Fund #121 in the amount of $45,000 and further authorizes a budget amendment, transferring appropriations from Sidewalks, Misc. Contractual Account No.: 01-5410-4100 to Transfer to Capital Project Account No.: 01-9950-9000 in the amount of $31,000 and a budget amendment, transferring appropriations from Contingency Account No.: 01-1990-4400 to Transfer to Capital Project Account No.: 01-9950-9000 in the amount of $14,000 into the new Capital Project Fund #121, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller's Office to transfer funds, amend the 2000 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE RESOLUTION NO.: 343,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Solid Waste Facilities Operator wishes to advertise for bids for the furnishing of all materials and performing all work necessary for the collection and disposal of household hazardous waste in connection with the Town's Hazardous Waste Day to be conducted on Saturday, May 12th, 2001 as described in bid specifications presented at this meeting, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the furnishing of all materials and performing all work necessary for the collection and disposal of household hazardous waste in connection with the Town's Hazardous Waste Day to be conducted on Saturday, May 12th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Supervisor Brower-We want to thank the Environmental Committee members and particularly Mr. Stec for bringing this to our attention. Councilman Martin-This is a great service. Supervisor Brower-This will occur Saturday May 12th in 2001, it will be a day where you can bring hazardous household chemicals to town hall and we will handle the disposal of, utilizing a special company. Councilman Brewer-Maybe you ought to announce that we're going to get some money back from the state. Supervisor Brower-That's right, fifty percent of the cost of the program will be reimbursable by New York State to encourage municipalities to handle hazardous waste in a special fashion. (vote taken) RESOLUTION AUTHORIZING PAYMENT TO VAN DUSEN & STEVES LAND SURVEYORS, LLC FOR ADDITIONAL SERVICES INCURRED IN CONNECTION WITH PROPERTY LINE AND TOPOGRAPHICAL SURVEY ALONG BURKE DRIVE RESOLUTION NO.: 344,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 227,2000, the Queensbury Town Board authorized engagement of the services of VanDusen & Steves Land Surveyors, LLC to provide a property line and topographical survey of a 50 foot wide corridor along Burke Drive for an amount not to exceed $2,750.00, and WHEREAS, the Executive Director of Community Development has advised that as a result of a project modification requested by the Town Board, VanDusen & Steves performed additional work in connection with this project, thus incurring additional expenses in the amount of $1,152.23, or a total of $3,902.23, and WHEREAS, the Town Board wishes to authorize the additional payment to VanDusen & Steves for its additional work incurred in connection with this project, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes payment to Van Dusen & Steves Land Surveyors, LLC in the total amount of $3,902.23 for the provision of the surveying services described in Resolution No. 227,2000 and this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any vouchers or documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT GLENS FALLS COUNTRY CLUB RESOLUTION NO.: 345, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Empire State Fireworks Mfg. Co., Inc. has requested permission to conduct a fireworks display as follows: SPONSOR: Donohue/Lyons Wedding Party PLACE: Glens Falls Country Club, Round Pond Road, Queensbury, NY September 2nd, 2000 8:45 P.M. (approx.) DATE: TIME: NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk, in accordance with New York State Penal Law (405, to issue a fireworks permit to Empire State Fireworks Mfg. Co., Inc., subject to the following conditions: l.An application for permit be filed which sets forth: A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the Queensbury Central Volunteer Fire Co., Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law ~405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO TOWN OF QUEENSBURY EMPLOYEE HANDBOOK BY ADDING NEW SECTION 1018 - "SUPPORT OF CHARITIES" AND APPOINTING DIANE HERALD AS EMPLOYEE COORDINATOR FOR TRI -COUNTY UNITED WAY'S YEAR 2000 ANNUAL FUNDRAISING CAMPAIGN RESOLUTION NO.: 346,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to adopt an amendment to its Employee Handbook by adding a new Section 1018 entitled, "Support of Charities," which new section will help facilitate voluntary charitable contributions and involvement of Town employees, including employees' voluntary financial support of the Tri-County United Way, and WHEREAS, the Town Board wishes to appoint Town employee Diane Herald as its Employee Coordinator for the Tri-County United Way's Year 2000 Annual Fundraising Campaign, WHEREAS, the proposed new section, "Support of Charities" is in form approved by the Town Board and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the amendment to its Employee Handbook by adding a new Section 1018 entitled, "Support of Charities," to read as follows: SUPPORT OF CHARITIES The Town of Queensbury recognizes its responsibility as 'good neighbor' with area residents, businesses and organizations contributing to quality of life for all our citizens. Although limited by resources and State laws as to the financial support it can contribute to worthy causes, the Town wishes to facilitate the voluntary charitable contributions and involvement of its employees. Employees are given reasonable latitude in representing authentic local charities to their fellow employees on the job site. As long as charitable activities are not excessive and do not interfere with any employee's job performance, in the judgment of Department Managers and the Town Supervisor, modest fundraising via sale of small items, solicitation of contributions and recruiting for participation in charitable activities is permissible in the workplace. In addition, the Town of Queensbury will facilitate employees' voluntary financial support of Tri-County United Way by affording employees the option of contributing through weekly payroll deduction. The Town Supervisor may approve annual on-site presentations by United Way staff and volunteers, during business hours, to inform employees about the various charities and organizations supported by the United Way. Although encouraged to contribute to and participate in charitable activities of their own choosing, employees may in no way be imposed upon by fellow employees, managers, or elected officials to support the United Way or any other charity. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of this amendment to all Town employees and amend the Employee Handbook accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further appoints Diane Herald as its Employee Coordinator for the Tri-County United Way's Year 2000 Annual Fundraising Campaign and authorizes and directs Ms. Herald to take any such action necessary to effectuate the terms of her appointment. Duly adopted this 21st day of August, 2000 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Henry Hess, Comptroller gave brief explanation and purpose of resolution. (vote taken) (Councilman Brewer left meeting room) RESOLUTION ADDING "BIRCHFIELD DRIVE" TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 347,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Birchfield Drive" to its list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Birchfield Drive" to its list of private driveways and roads in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying Birchfield Drive, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR "THE MEADOWS" NEW PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 348, 2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering an application by Queensbury Partners, L.P. for a new Planned Unit Development (PUD) entitled, "The Meadows" on property bearing Tax Map No. 's: 60-2-5 and 60-2-10 and located at the Bay Meadows Golf Course, Cronin Road, Queensbury, and WHEREAS, on or about January 24th, 2000, the Town Board adopted a Resolution authorizing submission of the PUD application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about February 15th, 2000, the Queensbury Planning Board reviewed the proposed Sketch Plan for the 97 Unit "Senior Housing" development, found that the Plan meets the objectives of PUD's as outlined in Town Code ~ 179-57C( 4) and adopted a Resolution requesting that the Town Board consider the PUD redistricting, and WHEREAS, on or about February 9th, 2000, the Warren County Planning Board did not have a quorum present, resulting in default approval in accordance with General Municipal Law for failure to take action within 30 days, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map to create a PUD District, it must hold a public hearing in accordance with the provisions of Town Law ~264 and ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, the Town Board held a public hearing on or about April 3rd, 2000, and WHEREAS, the Town Board and Queensbury Partners, L.P., have mutually agreed to extend the time period for the Town Board to render a decision in accordance with Town of Queensbury Zoning Law ~ 179-57D(3), and WHEREAS, the Town Board asked to extend such time period to receive Recreation Commission recommendations concerning the dedication of a portion of lands and/or recreation fees in accordance with Town Zoning Laws, among other items, and WHEREAS, the time delay of such extension warrants that a public hearing should be re-noticed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 11th, 2000 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed application by Queensbury Partners, L.P. for a new Planned Unit Development (PUD) entitled, "The Meadows" on property bearing Tax Map No. 's: 60-2-5 and 60-2-10 and located at the Bay Meadows Golf Course, Cronin Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk 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 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be designated as a PUD District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk 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 ~264 and ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that this proposed action is subject to SEQRA review and the Board wishes to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the PUD Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING CONSENT AGREEMENT IN CONNECTION WITH PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE GLEN AT HILAND MEADOWS, INC., THE GLENS FALLS HOME, INC., LTC (EDDY) INC., AND BEECHWOOD INC. D/B/A EDDY PROPERTY SERVICES RESOLUTION NO.: 349,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 2.99 the Queensbury Town Board entered into a PILOT Agreement between the Town of Queensbury, The Glens Falls Home, Inc., LTC (Eddy), Inc., Beechwood, Inc., d/b/a Eddy Property Services and The Glen at Hiland Meadows and WHEREAS, the PILOT Agreement provided, among other things, that allocation of taxes would be as detailed therein, and WHEREAS, the parties to the PILOT Agreement wish to amend the PILOT Agreement to allow for the revision of the allocation of taxes among the Town of Queensbury, Warren County and the Queensbury Union Free School District during the period of Industrial Development Agency financing, and WHEREAS, a copy of a draft Consent Agreement which would allocate such PILOT payments among the taxing authorities has been presented at this meeting and the Town Board has determined that such Consent Agreement would be in the best interests of the Town and its residents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of a Consent Agreement amending the allocation of payments among the taxing authorities concerning the PILOT Agreement between the Town of Queensbury, The Glens Falls Home, Inc., LTC (Eddy), Inc., Beechwood, Inc., d/b/a Eddy Property Services and The Glen at Hiland Meadows substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Consent Agreement in form approved by Town Counsel and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Martin, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY QUAKER VILLAGE DEVELOPMENT CORPORATION (APPLEBEE'S) RESOLUTION NO.: 350,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Quaker Village Development Corporation (Applebee's) has commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury for the 2000-2001 assessment year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed this case with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of settlement of the pending Article 7 case against the Town of Queensbury by the Quaker Village Development Corporation (Applebee's) for the 2000-2001 tax year in accordance with the following revised assessment value: Parcel - Tax Map No.: Tax Year: Revised Assessment Applebee's Restaurant 255 Quaker Road Queensbury, New York 12804 59-1-14.2 2000-2001 $ 725,000 and BE IT FURTHER, RESOLVED, that there shall be no refunds paid to Quaker Village Development Corporation (Applebee's) as a result of this settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brower NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY W AL-MART STORES, INC. RESOLUTION NO.: 351,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Wal-Mart Stores, Inc. has commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for the 1999-2000 and 2000-2001 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed these cases with Town Counsel, and WHEREAS, the Queensbury Union Free School District has been informed of the proposed settlement and the School District has advised that it has no objection, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of settlement of the pending Article 7 cases against the Town of Queensbury by Wal-Mart Stores, Inc. for the 1999-2000 and 2000-2001 tax years in accordance with the following revised assessment values: Parcel - Tax Map No.: Tax Year: Revised Assessment Wal-Mart Stores, Inc. State Route 9 Queensbury, New York 12804 71.-1-3.2 1999-2000 2000-2001 $6,486,600 $6)00,000 and BE IT FURTHER, RESOLVED, that there shall be no refunds paid to Wal-Mart Stores, Inc. as a result of this settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer (Councilman Brewer re-entered meeting room) RESOLUTION RE-APPOINTING PAUL DAVIDSON AND DR. CHARLES HAUSER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 352,2000 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with applicable New York State law, and WHEREAS, the terms of Board of Assessment Review Members Paul Davidson and Dr. Charles Hauser will expire on September 30th and both members have expressed interest in being re-appointed to the Board for new five year terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Paul Davidson and Dr. Charles Hauser to serve as members of the Queensbury Board of Assessment Review with terms to expire September 30th, 2005. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Stec, Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPROVING FINANCING OF YEAR 2000 VEHICLE PURCHASES WITH EVERGREEN BANK RESOLUTION NO.: 353,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 's: 126 and 200 of 2000, the Queensbury Town Board authorized the Town's purchasing of its Year 2000 vehicles from the Central Fleet Internal Service Fund, and WHEREAS, the Town Comptroller has requested Town Board approval of financing for these vehicles with Evergreen Bank for the total amount of $236,500 as delineated in his August 17th, 2000 Memorandum presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves the financing of its Year 2000 vehicles totaling $236,500 with Evergreen Bank in accordance with Evergreen Bank's Loan Commitment dated July 26th, 2000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Clerk to execute loan documents in form to be approved by Town Counsel for the purchase of the vehicles and to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000, by the following vote: AYES Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: None Ms. Marilyn Ryba, Senior Planner gave overview of the following resolution and proposed said resolution for the board's consideration. Town Board held discussion, amended said resolution, proposed and adopted the following resolution: RESOLUTION AUTHORIZING LOCAL WATERFRONT REVITALIZATION PROGRAM GRANT APPLICATION TO BE SUBMITTED BY TOWN OF MOREAU ON BEHALF OF HUDSON RIVER COMMUNITIES INCLUDING TOWN OF QUEENSBURY RESOLUTION NO.: 354,2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Senior Planner has advised the Town Board that she recently met with the Town of Moreau Town Supervisor who advised that the New York Department of State is now accepting applications from eligible communities to compete for Local Waterfront Revitalization Program funds, and WHEREAS, the purpose of the grant application is to develop a Local Waterfront Master Plan for the Hudson River including those communities bordering the Town of Moreau along both sides of the river, including the Town of Queensbury and the Town of Moreau has hired a grant writer to develop the grant application, and WHEREAS, Goal 9 of the Town of Queensbury 1998 Comprehensive Land Use Plan is to "Pursue Regional Cooperation," and WHEREAS, the Town of Moreau Supervisor has requested letters from surrounding communities in support of the Local Waterfront Revitalization Program grant application, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the Town of Moreau's submission of a New York Department of State Local Waterfront Revitalization Program Grant Application under the 1996 Clean Water/Clean Air Bond Act and Environmental Protection Fund (EPF) for a 50/50 matching grant for the preparation of a Local Waterfront Revitalization Program Master Plan for the Hudson River, including the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a combination of matching funds and in-kind services not to exceed the amount of $10,000 should the grant funds be awarded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21st day of August, 2000 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION APPOINTING PAMELA STODDARD AS FULL-TIME ASSIST ANT TO ASSESSOR RESOLUTION NO.: 355,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized the hiring of Pamela Stoddard as part-time Assistant to the Assessor, and WHEREAS, the Town Assessor has requested Town Board authorization to appoint Ms. Stoddard to the position on a full-time basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Pamela Stoddard to the position of Assistant to the Assessor on a full-time basis effective August 28th, 2000 subject to any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mrs. Stoddard shall be paid the hourly salary of $12.63, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Supervisor and/or Town Comptroller's office to complete any forms necessary to effectuate this Resolution. Duly adopted this 21st day of August, 2000 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES None ABSENT: None TOWN COUNCILMEN'S CONCERNS 9:50 p.m. Supervisor Brower noted that the free tire day authorized by the Town Board held this past Saturday was very successful, approximately three thousand two hundred fifty tires received between the two transfer stations. .. I found out Friday at the county board meeting that there is a possibility that the expense that we have incurred through the tire disposal may be partially reimbursable through the state because of this West Nile Virus, they may rebate fifty percent of the expense. Mr. Hess, Comptroller gave update regarding the proposed Joint Water and Sewer Authority Board and the meeting held with the firm assisting the town... Mr. Chris Round, Executive Director gave update regarding the Land Conservation Trust, the Zoning Ordinance, the Twicwood noise data collection, the Great Escape DEIS Public Hearing and the Main Street Project. Supervisor Brower noted that the Town Board has to address a solution to the Queensbury Sewer project for the main corridor. .. we have to identify a solution that we feel is best for the corridor. A lot of engineering has been done already and I think we'll have to invite the engineers to come back in the near future, probably next month and maybe review some of their findings and some of the recommendations that they had made, some of the alternatives that we have to date.... The agreement I have with the county, in principal is that Lake George, Bolton and Hague are moving ahead with their sewer system upgrades and by the time their done, they'll go into construction some time next year. I've committed this board to having a solution for Queensbury because if not, they're going to go ahead and try to use the remaining money for their second phase as opposed to having Queensbury utilize any of it... I thought we'd have Bill come meet with our board in a workshop session and the engineer at the same time, I think that would be appropriate. Town Board held discussion regarding plans for the corridor. Mr. Round, Executive Director updated the board regarding the town's action against the McDermott's motorcycle track. . . Councilman Stec requested resolution prepared for next board meeting regarding the speed limit request by Prospect School... Questioned the status regarding the easement issue for Burke Drive. Mr. Round, Executive Director noted that he spoke with Jim Miller, the engineer today and was told that he would have something for us shortly on that design amendment. Councilman Turner noted that the Town Board needs to establish whose going to take care of the sidewalks this winter, needs to be addressed soon... Councilman Brewer agreed and recommended discussion for first meeting in September. . . RESOLUTION TO ADJOURN MEETING RESOLUTION NO.: 356, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 21st day of August, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY