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2010-12-06 MTG #45 1 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 REGULAR TOWN BOARD MEETING MTG # 45 December 6, 2010 RES. 383-402 7:00 P.M. BOH: 33-34 LL: 13 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DAVE HATIN, DIRECTOR OF BUILDING AND CODES PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH Supervisor Stec asked everyone to pause for a moment of silence to recognize a longtime employee of the Town, Jim Coughlin who passed away recently. SUPERVISOR STEC-Opened Meeting 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 383, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 6th day of December, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH NOTICE SHOWN PUBLICATION DATE: November 19, 2010 PUBLIC HEARING SANITARY SEWAGE DISPOSAL VARIANCE OF JAMES AND LILLIAN CONWAY SUPERVISOR STEC- We set this public hearing at our last Regular Town Board Meeting. This property is located at 32 Nacy Road in Queensbury. They are seeking a variance to be eighty two feet from a neighboring well in lieu of the hundred foot setback and three foot from a property 2 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 line in lieu of the ten foot setback. If the Conway’s or an agent of the Conway’s is here tonight I’ll let you come and perhaps add to that. Correct me if I was wrong, and certainly answers some Board questions and I’ll take some public comment. TOM HUTCHINS- Good evening, I’m Tom Hutchins, I do business as Hutchins Engineering in Queensbury. With me is James Conway, applicant and owner of 32 Nacy Road. The Conway’s have a vision to upgrade their property. Presently, it’s a quarter acre parcel, it’s their primary residence. There are a couple of fundamental obstacles for the Conway’s that they would like to overcome; one of which is the location of the existing residence relative to Nacy Road and where they park their cars. Vertically it’s over twenty feet from car to back door, so they’ve got thirty three steps each way from back door to parking area. We’ve laid out a proposed rebuild of the residence which takes a thirteen hundred square foot residence, replaces it with a nine hundred and ninety square foot residence; both concepts would be basement and main floor only. With the replacement concept we’re able to take the residence and move it further from the lake, tighten up on setbacks and reduce the vertical distance to about nine feet; which is something they could live with. Obviously, it is a relatively small parcel, the first issue we want to overcome is wastewater. We cannot lay out a wastewater system that is wholly compliant with all setbacks when we look at the lake, property lines and the adjoining properties water supplies and their water supply. The replacement concept does allow us to get them a more compliant water supply which would be located toward the lake, that concept doesn’t work without the replacement because we wouldn’t be able to get a … to do that. With that we’re seeking eighteen feet of relief from the hundred foot setback to a neighbors well. The neighbor’s aware of the project and they have signed on the application and I believe we’ve done as close as we can do realistically to come to a compliant system on this. Jim, do you have anything to add? JAMES CONWAY- As Tom mentioned, we are just looking to, you know, we bought the property in 2002, we moved up here in 2009 as a primary residence and we’re looking to make it a more permanent thing. As we move up in age we’d like to make it a more permanent residence. COUNCILMAN MONTESI- Thirty three steps is, I had a question for you. The three foot, I looked at the property and you’re doing a lot of stuff that’s “green”; a smaller footprint, a smaller house, away from the lake. Where was the three foot from the property line next door, what was that? Was it the same guy that has the well? MR. HUTCHINS- Yes MR. CONWAY- Yeah, and what is the replacement absorption bed is going right in the location that the present seepage pit is in. The absorption bed has a larger footprint than the seepage pit. There may be a portion of the seepage pit that’s under a drive area, there’s also a well on the property to the south. So, what we tried to do is push the absorption bed as far into that property corner as we were comfortable with and we think three feet was the, in order to leave a little bit of space for their parking area, that’s where the three feet came from. COUNCILMAN MONTESI- And you wouldn’t want to park on top of that. MR. HUTCHINS- We would not want to park on it, no. SUPERVISOR STEC- Other questions from the Board before we take public comment? COUNCILMAN STROUGH- Yes, I was up there yesterday, currently, where you’re proposing you’re absorption bed is gravel and where obviously people park, occasionally at least. I see your two cars are over towards the storage building or the garage. This proposal is going to use up some of your parking space, that’s your choice, and that’s not bad but to allow cars to park over an absorption bed can ruin the absorption bed. What do you propose to do to prevent that from happening? MR. HUTCHINS- We propose a rail fence around COUNCILMAN STROUGH- That would work. Okay, I see what looks like something surrounding it but in the notation. MR. HUTCHINS- It would be a rail fence along that edge to outline. 3 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 COUNCILMAN STROUGH- Okay, now you also have your walkway to get down to your place and that’s okay. The walkway’s fine it’s just somehow establishing a fence there that prevents people from parking on it. MR. CONWAY- Right, absolutely COUNCILMAN STROUGH- Okay SUPERVISOR STEC- All right, I’ll open the public hearing, if there are any members of the public that would like to comment or ask any questions just raise your hand and I’ll call on folks one at a time. These microphones not only amplify but they record for the purpose of the record. Is there anyone that would like to address this public hearing? Alright, I’ll close the public hearing. Is there anymore discussion for the applicant with the Town Board? COUNCILMAN STROUGH- Just that, can we just get some kind of assurance that there is going to be a split rail fence. SUPERVISOR STEC- We can add it as a condition of approval. COUNCILMAN STROUGH- With the intension of preventing car parking. SUPERVISOR STEC- I would suggest that we include that in a motion to approve, that’s a condition on a split rail fence of some sort around the absorption bed area. COUNCILMAN STROUGH- All right, I’ll move it with that amendment. SUPERVISOR STEC- Moved with amendment seconded by Ron. Did you catch that Rose? DEPUTY CLERK, MELLON- Yes SUPERVISOR STEC- Okay, discussion by Town Board Members? Okay, let’s go ahead and vote please. RESOLUTION APPROVING JAMES AND LILLIAN CONWAY’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 33, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, James and Lillian Conway filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a leaching system to be located: 1.82’ from a neighboring well in lieu of the required 100’ setback; and 2.3’ from a property line in lieu of the required 10’ setback; on property located at 32 Nacy Road in the Town of Queensbury, and 4 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 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 th variance request on Monday, December 6, 2010, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and 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 James and Lillian Conway’s application for variances from the Sewage Disposal Ordinance to install a leaching system: 1.82’ from a neighboring well instead of the required 100’ setback; and 2.3’ from a property line instead of the required 10’ setback; contingent upon the applicants’ installation of a split-rail fence around the absorption field to prevent car parking, on property located at 32 Nacy Road in the Town of Queensbury and bearing Tax Map No.: 289.6-1-32. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH 5 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLUTION NO. BOH 34, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 6th day of December, 2010 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0 PUBLIC HEARINGS NOTICE SHOWN PUBLICATION DATE: November 19, 2010 2010-2011 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. AND PURCHASE OF EMS FLY CAR SUPERVISOR STEC- Okay, again we had set this not too long ago. All three of our rescue squads’ contracts had expired at the end of 2009, about a month ago we renewed a one year contract with West Glens Falls and for one year for the balance of 2010 and then we set a public hearing for West and for Bay Ridge EMS for our meeting two weeks from tonight. The Bay Ridge contract will be for two years, 2010 and 2011. So, we’re in the process of catching up and wrapping up these EMS agreements; in the meantime the contracts do allow us to continue funding these companies while we’re in between contracts and we’ve done that in the past numerous times with fire and EMS companies; again, that’s the case here. So, on the table for us tonight is a two year agreement with North Queensbury Rescue Squad for the balance of 2010 and then moving forward to 2011. I’d say the highlights that are in here as far as anything out of the ordinary, the Highway Department is going to be authorized by contract to provide paving of the Rescue Squad’s parking lot next year. The Highway Superintendent has estimated that it will cost seven thousand dollars; that is part of the consideration for the contract for next year. Likewise, we have negotiated the other two squads have paid staffing. Our paid staffing and bill for service program go hand and hand and they basically came into being at about the same time and the one pays for the other. We certainly couldn’t do some of the things that we’re doing in a department of paid staffing without having the bill for service. But, we try to allocate the resources the best we can, which is always a struggle because we are trying to make sure there’s fairness. While we have three squads they certainly don’t have equal call volumes and they certainly don’t have equal sizes of protection areas. That’s not to say that if you happen to live in a smaller squad district that you think you should have less coverage. So, we’ve always struggled with that but where we are right now is Bay Ridge and West each have a full crew on seven days a week, six in the morning to six at night, three hundred and sixty five days out of the year. North Queensbury has not had that, predominately their call volume tends to fluctuate with the transient population, the vacation or the second home population in the summertime and so they’ve had more coverage in the summertime than they have throughout the rest of the year. They have not, historically, had the same amount of coverage as the other two squads. We are going to be increasing their paid staffing coverage for 2011. I’ll describe it in a second but the other thing is that the expectations that all three squads are going to continue to coordinate closely with each other to cover when there is multiple calls in a given service area. They generally do a really good job at that already, but the recognition from all three squads is going to be there is going to be more staffing available at North Queensbury. Keep that in mind and don’t be afraid to use that resource. 6 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 COUNCILMAN MONTESI- They said they will pull them down to one forty nine. SUPERVISOR STEC- They more around as there’s a call, they tend to shift where that ambulance might be located so that their poised for a second call. In 2010 they had an ALS Tech., one person on call, on duty twelve hour shifts, six in the morning to six at night, three hundred and thirty three days out of the year, and in addition to that sixty four days out of the year in the summer months they had a second person on there for a good chunk of the summer months also for that twelve hour shift. In 2011 they’re going to have an ALS Tech. twelve hours a day every day of the year. In addition to that, there will be a BLS person on for the twelve hour shift a hundred and twenty five days out of the year; and again centered mainly around where their calls are, which is in the summer months up there. We are dramatically increasing the amount of paid staffing that will be available in North Queensbury. Again, it’s good for the entire Town and that resource does need to be shared, I mean operationally. It was in the title but they are replacing a fifteen year old fly car with a 2011 Chevy Tahoe for a price not to exceed just under forty nine thousand dollars and it’s a five year loan at six and a half percent. That vehicle would be fully outfitted at that price. With that said that’s the preamble of in general what we’re looking to do tonight, that’s what the public hearing is on. If there’s any members of the public that would like to comment I’m going to go ahead and open the public hearing right now and take any public comment that we might have on this particular contract. Mr. Salvador JOHN SALVADOR- Good evening gentlemen of the Board, my name is John Salvador. My wife and I are currently residents in the North Queensbury Rescue Squad service area and have been so for nearly thirty eight years. As such, we recognize the need for reliable and cost effective emergency ambulance service. The Town Boards responsibility to provide the same, utilizing assessments raised in the form of a levy on the real property in the Town. The top story, which came out of an early November workshop meeting announced Councilman Metivier’s concerns that the contract payments for the services of the North Queensbury Rescue Squad seem to be escalating to unreasonable proportions. By way of emphasis, that top story mentioned the annual contract amounts of one hundred and seventy six thousand plus for 2009, one hundred and ninety thousand eight hundred for 2010 and two hundred and thirty five thousand for 2011. What has been overlooked is that as recently as 2005 the contract amount was as little as sixty five thousand dollars, 2006 it was a hundred and two thousand, 2007 ninety six thousand and in 2008 a hundred and seventy thousand. From 2005 to the present day the North Queensbury Rescue Squad’s contract amount has escalated some four hundred percent. This should be real cause for concern. The issue to be heard tonight deals with the most cost effective way to deliver the emergency ambulance service. What has taken so long to finalize the 2010 budget? Is there a short explanation for this tardiness? SUPERVISOR STEC- We’ve been busy doing other things John. MR. SALVADOR- Who’s been busy? SUPERVISOR STEC- The Town Board, I have MR. SALVADOR- How about the Rescue Squad? SUPERVISOR STEC- The Rescue Squad has done everything we’ve asked. MR. SALVADOR- Okay. With regard to the resolutions before you tonight, I would like to first address the issue and the continued need for a fly car. Quite frankly, is the fly car absolutely necessary now that we have paid daytime service? The proposal to purchase a forty eight thousand nine hundred dollar 2011 Chevrolet Tahoe, financed over five years at six point five percent will end up costing about sixty five thousand dollars; twenty five thousand of it for interest. If in fact there is a continued need for a fly car why not finance with Ballston Spa National Bank where the volunteer fire company was getting three and a half percent loans? Or better yet, use the hundred and twenty nine thousand dollars from the 2009 fund balance that the emergency squad is holding. There doesn’t seem to be any interest being earned on that money either. I thought that’s what fund balances were for. Like all other emergency service organizations in Town the North Queensbury Rescue Squad treats depreciation as an operating expense activity. 7 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- John, I’m going to interrupt you right there because I know that you sent us a letter as you did talk about this a couple of weeks ago and I know that Barbara Tierney sent you a letter; she put it in the mail today, so you didn’t receive it yet. She put it in the mail to day and she included in it a written response to your questions about depreciation from Loftus Ross, the audit firm, the CPA firm that we use. In short, it says what we said before, we are not giving them money for depreciation, that isn’t how it works but they do need to provide an accounting of the depreciation. There’s no money changing hands on depreciation, but it does show up when the CPA firm does their audit. That letter will come to you in the next couple of days, I imagine you’ll get it. COUNCILMAN MONTESI- John, just a question, you said that they had a hundred and twenty nine thousand dollar fund balance that’s not earning interest. You know that factually? MR. SALVADOR- Yeah, I have their nine ninety IRS report. COUNCILMAN MONTESI- So is it in a checking account? MR. SALVADOR- I don’t know where it is. The nine ninety doesn’t tell us where it is. COUNCILMAN MONTESI- But it doesn’t necessarily mean that their not earning interest on it. MR. SALVADOR- There’s no interest being reported. COUNCILMAN MONTESI- Oh, okay MR. SALVADOR- Okay. My concern here is that the fifty thousand dollar plus non cash cost cannot be added with expenses in items for which invoices have been issued. The thing that’s going on here with using depreciation as a cost expense, you’re adding apples and oranges. You’re taking all other expenses that are supported by the delivery of an invoice, the approval of that delivery, the issuance of a check to someone, the passing of that check, excuse me, the taking of that money out of a cash account, passing that check through the bank, getting it back and reconciling everything. That doesn’t happen with depreciation, how can you include it with those other items? That’s the point. I’d like to talk about insurance. SUPERVISOR STEC- Go ahead MR. SALVADOR- The proposed contract budget shows at exhibit A, a non-operating expense item totally fifteen thousand dollars for insurance. This must be the premium required to satisfy the contract provisions of paragraph eleven. Included in paragraph eleven is the following provision, “the above insurance may be obtained directly by the Emergency Squad or by the Town on behalf of the Emergency Squad, either separately or as a part of an aggregate group policy obtained by the Town on behalf of all Town Fire Companies and Emergency Squads. Regardless of the manner in which the insurance for the Emergency Squad is obtained, the Town will ultimately be responsible for funding the premiums for such insurance, either by making payment directly to the insurance company on behalf of the Emergency Squad or by including in its payment to the Emergency Squad the amount of the premium paid by the Emergency Squad, whichever method is selected by the Town Budget Officer. I’m not sure who the Budget Officer is? SUPERVISOR STEC- Barbara Tierney MR. SALVADOR- Well, she carries the title of SUPERVISOR STEC- Budget Officer COUNCILMAN BREWER- Right MR. SALVADOR- They are addressing her as the Fiscal Manager. COUNCILMAN BREWER- Who is SUPERVISOR STEC- She is? Who is addressing her 8 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 MR. SALVADOR- The Audit Firm SUPERVISOR STEC- No one at the Town is calling her, she’s the Budget Officer MR. SALVADOR- Okay, in any case whichever method is selected by the Budget Officer, the audit statements for the eight emergency services companies show that the total cost of their insurance premium is in the order of a hundred and sixty five thousand dollars. Do we have any idea of the magnitude of the claims that have been, do we have a record? SUPERVISOR STEC- Off hand I don’t COUNCILMAN MONTESI- I will say this though John, we asked each one of the, we have a guy that we think is pretty well qualified in insurance, and Tony that’s his livelihood, and we asked him to look into a group policy with fire companies and EMS. I have to admit that some of them were a little reluctant to do that but the investigation that Tony did. COUNCILMAN METIVIER- Was basically that, and we’ve spoken to you about this before, that it can’t be done the way we’d like it to be done, where we group everything together. Each fire company and EMS is their own separate entity. So, if we were one district we could do it but because we’re not we can’t. What we did encourage them to do was to shop the rates with three carriers each year to get the price down which they are pursuing for 2011. Unfortunately, we only were able to do this in 2010 after the renewals went out. So, they are shopping their rates and hopefully we can save some money. COUNCILMAN MONTESI- I think Bay Ridge saved in excess of ten thousand dollars, their Rescue Squad. SUPERVISOR STEC- Bay Ridge Rescue is saving a lot of money by bidding. COUNCILMAN MONTESI- By shopping around. MR. SALVADOR- Their the lowest SUPERVISOR STEC- Bay Ridge? MR. SALVADOR- Yeah, nine thousand nine hundred and seventy eight dollars. COUNCILMAN METIVIER- I think what happened when word got out that we told these guys that they need to shop it the carriers in question became a little bit more aggressive with their pricing. MR. SALVADOR- Okay, if that’s the case why is this paragraph in the contract. COUNCILMAN METIVIER- Because SUPERVISOR STEC- Because it provides for this. COUNCILMAN METIVIER- Yeah, there’s two reasons for that, one it’s a checks and balances to make sure that their insurance premiums are paid. So, at the end of the day the Town’s ultimately paying that premium, so we can either pay it ourselves to be sure that the premium is paid just like when money is put into an escrow for a homeowners account; the bank knows for sure that their protected, so is the Town. So, you can do it that way or if North Queensbury comes back and says our premium is paid we can show you the invoice receipt then, it’s a checks and balances is what it is. MR. SALVADOR- I understand each of the companies has different areas, exposures, equipment, I understand that but that can all be recognized by the insurance agent. SUPERVISOR STEC- There are eight individual companies. MR. SALVADOR- That’s okay 9 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 COUNCILMAN METIVIER- I agree the premiums are high. MR. SALVADOR- Its one individual town. COUNCILMAN BREWER- It sounds like it could be done John but it’s like eight different businesses all together that do the same thing. COUNCILMAN METIVIER- Yeah, believe me John, I’ve worked on this until, I’ve exhausted every avenue. We’re doing the best we can with it. We’re starting to save some money, hopefully it will show in 2011-2012. MR. SALVADOR- Okay, new subject, paragraph four in the contract I’d like to read it into your record. “This agreement shall not be deemed exclusive and the Emergency Squad may use its ambulance, equipment, and personnel for ambulance service to persons not covered by this agreement, and also for the purpose of taking part in mutual aid responses, conventions, parades, meetings, and schools of instruction, both within and without the Town of Queensbury”. While the equipment is off on these activities what kind of coverage are the citizens getting? SUPERVISOR STEC- Well, we’ve got two other rescue squads and we’ve got mutual aid in place with all these. I mean, how would they ever get training John? How would they ever take an ambulance out to get it serviced, ever? MR. SALVADOR- Service I can understand. SUPERVISOR STEC- How would they respond to a disaster on one forty nine in Fort Ann? There’s people, I’m too young to remember this but I’ve heard the stories about the Town was on fire and they had to get the permission of the Mayor of Glens Falls to let the fire truck go into Queensbury. Okay, so this paragraph, which has been here in the eleven years since I’ve been here has been in every contract, allows for all of that. MR. SALVADOR- I understand. Let me continue. “Further, nothing contained herein shall prevent the Emergency Squad from contracting with other municipalities to provide ambulance service and to enter into contracts or otherwise bill those municipalities for the service provided, so long as copies of any contracts proposed to be entered into by the Emergency Squad are delivered to the Queensbury Town Clerk and authorized by Resolution of the Queensbury Town Board. However, the Emergency Squad shall not bill Town residents for its services nor for emergency services provided within the Town of Queensbury, except as permitted by a Resolution of the Town Board”. As I mentioned I have copies of the Emergency Squads form nine ninety, that’s their Internal Revenue Tax Report. There’s a question there that says organizations prime exempt purpose, this is what they say: the organization provides emergency medical and ambulance services. Emergency medical services include but are not limited to stretcher service and oxygen. The organization provides these services in the geographic area of the northern portion of Queensbury, Warren County, New York and the Kattskill Bay and Pilot Knob areas of the Town of Fort Ann, Washington County, New York. I don’t see in their report that they have any other source of revenue other than their contract from the Town of Queensbury. Now, the Town of Fort Ann, Kattskill Bay, Pilot Knob areas has some pretty heavy exposure. There’s the YMCA camp, you’ve got kids that are in the handicap sailing business, handicap sailing, you’ve probably read about that in the paper, there’s a Town beach, and there’s a lot of residents there, vacation homes, year around residents. They are getting a service and I’ve got to say we’re paying for it and it’s not fair. I think they should have a contract for this. The Town of Fort Ann has no hope of supplying service, it’s not like they could do it if, you know, there just miles away, miles. I feel that we’re being short changed here. SUPERVISOR STEC- Anything else, John? MR. SALVADOR- Yes. As I said, I have their nine ninety. Their required to report their revenue to the IRS and there are basically two categories of revenue that you can choose from. The first one, contributions, gifts, grants and similar amounts received. The second is entitled program service revenue including government fees and contracts. Now you would think that the contract that you have with that Emergency Squad would be in this second category, program service revenue including government fees and contract. But, contrary to what we might think they have included it in contributions, gifts, grants and similar amounts received. That’s totally improper. 10 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 Number one, this Town cannot make a contribution, you don’t have the authority to make grants but you do have the authority to enter into a contract for service. COUNCILMAN BREWER- That’s exactly what we do. SUPERVISOR STEC- That’s what we’re here for tonight. MR. SALVADOR- That’s right, but they are not declaring that income as such on their IRS form. I don’t know why this is done, I don’t know why. COUNCILMAN BREWER- Why don’t you ask them? MR. SALVADOR- Ask your Auditor, you’re Auditor prepares this. SUPERVISOR STEC-We asked our Auditor about the last thing you asked about. MR. SALVADOR- Yeah SUPERVISOR STEC- Which was depreciation; he told us you were wrong. I will call him tomorrow and I’ll ask him this question we’ll see if you’re right or wrong. MR. SALVADOR-I refer you to article eight section one of the State Constitution. No county, city, town, village or school district shall give or loan any money or property to or in aid of any individual or private corporation or association or private undertaking. These are SUPERVISOR STEC- John, no rescue squad is getting a penny from the Town that isn’t in the contract. We’re not giving anyone any gifts. MR. SALVADOR- I understand that, because you can’t, not because you don’t want to. SUPERVISOR STEC- And we don’t COUNCILMAN BREWER- Right, yeah right SUPERVISOR STEC- Anything else? MR. SALVADOR- What can we do about the fly car? SUPERVISOR STEC- We are going to take some more public comment here John. MR. SALVADOR- I think, there was a time when we didn’t have this coverage that we have now, what do we call it paid? COUNCILMAN BREWER- Paid service MR. SALVADOR- Paid service, no it’s um SUPERVISOR STEC- Paid staff MR. SALVADOR- Staff COUNCILMAN BREWER- Paid staff, essentially that’s what it is. MR. SALVADOR- Yeah, there was a time when we didn’t have that. COUNCILMAN BREWER- Right MR. SALVADOR- And so we needed the fly car, but now we have coverage at the station, there’s someone there all the time. I wonder if this fly car in the winter time is it garaged. It’s out there some place parked. I just wonder the utility, if we don’t have. 11 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- They got fifteen years out of the last one John. So, you’re right I don’t think it’s getting thirty or forty thousand miles a year. MR. SALVADOR- Yeah, but that’s not the point it’s do we have the coverage in another way now? If we have it in another way then we don’t need the fly car. I think we have the coverage, there are people at the station that I’m sure those vehicles are exercised every shift. They can respond and they are centrally located. The fly car could be at this end of the Town and the problem is up a Chingacook and that doesn’t serve a purpose. Also, the Town of Fort Ann, I think we should come to grips with that, it’s a tidy sum. Thank you SUPERVISOR STEC- Thank you, is there anyone else that would like to comment on this public hearing? Seeing none I will close the public hearing. COUNCILMAN METIVIER- Can I ask about the Fort Ann SUPERVISOR STEC- You can, Denyse is back there. Denyse, do you want to come to the microphone maybe and answer a question or two the Board might have? Thanks Denyse. Denyse Christensen, for you Rose just in case. Fort Ann, obviously they’re not sending ambulance over there, I’m not sure what Pilot Knob’s Fire’s capabilities are as far as patient care goes. You run about a hundred and fifty calls total a year, give or take. DENYSE CHRISTENSEN- A hundred and seventy about. SUPERVISOR STEC- How many, how many might be on the Fort Ann side of things up there, ball park? MRS. CHRISTENSEN- Oh boy, probably maybe twenty a year. SUPERVISOR STEC- Okay MRS. CHRISTENSEN- We use Pilot Knob Fire Company as drivers, if we’re in their district they need a driver. Most all of them have CPR, basic first-aid. There was a time when a third of our squad lived in the Pilot Knob district. We have approached Fort Ann in the past several times and we’re still trying to work on that. I’d also like to address the fly car as considered a first response vehicle. Granted we have paid staffing, hopefully we will have it seven days a week. That vehicle is used if there’s nobody there to drive the ambulance at that specific point, the tech that’s on call can take the fly car and start treating the patient, then when the driver shows up they bring the rig to the call. We are talking about patient care, whether it’s in Pilot Knob, wherever. SUPERVISOR STEC- Tony, does answer your question? COUNCILMAN METIVIER- Well, I guess, John raised an excellent issue with the fact that we don’t have a contract with Washington County, apparently we never have and I have to ask the question why not? If we’re providing service for a county other than ours, it’s out of our tax payers money, why isn’t there some kind of reimbursement from Fort Ann or Washington County? MRS. CHRISTENSEN- We’ve always had a kind of a gentlemen’s hand shake and that’s about it. COUNCILMAN METIVIER- You know, honestly, that doesn’t seem right when we’re paying the bill. There should be a gentlemen’s hand shake with some money attached to it I would think. MRS. CHRISTENSEN- Right and we can work on that. COUNCILMAN METIVIER- I honestly, that’s an issue that we need to look into. MRS. CHRISTENSEN- All right, let me ask you another question, do we just ignore all those people, I mean I realize that but 12 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 COUNCILMAN METIVIER- I’m not, you know what this happened at the meeting too where everything that I said got turned around. I’m asking a legitimate question here and I’m not saying anything about patient care. SUPERVISOR STEC- Right, let me COUNCILMAN METIVIER- I’m asking the question why we don’t have something in place. SUPERVISOR STEC- Let me interrupt and elaborate on what Councilman Metivier is saying because we do get this a lot, the flag waving and the motherhood and apple pie, we get it. Some of us have been here a long time, we don’t need the speech, we also have a business to run and there’s dollars attached and involved. God bless everything you do, when we need it done we’re thankful for it but we need to do it in a business-like manner and right now we are talking about the business of EMS. I think it is a fair question to ask, money questions. I, and I’m sure the taxpayers in general, not to pick on North Queensbury EMS, it’s true for all the fire companies and rescue squads. I resent the inference that anytime we ask about dollars that we somehow aren’t worried about the safety and job that needs to be done. We get that, but we have fiduciary responsibility as the elected officials of the Town to make sure that we’re asking these kinds of questions. We’ve got every right to ask them. MRS. CHRISTENSEN- Right, I realize that. COUNCILMAN MONTESI- Have you ever approached the Village and said, or the Town and said, here’s a cost, we think you owe us ten thousand dollars? MRS. CHRISTENSEN- No, not like that. We’ve approached the head of their EMS in years past. SUPERVISOR STEC- You need to deal with their Town Board like you deal with our Town Board, say we’re providing a service to you and you need to try to negotiate a dollar amount of that might be worth. It might not be worth half the contract, it might now be worth twenty percent of the contract, but it’s probably worth ten or twenty thousand dollars COUNCILMAN MONTESI- I know that at one point we had some concerns when Fort Ann would bring prisoners to Bay Ridge and then we would take them from Bay Ridge to the Hospital. We were providing a service, why did we do that? Well it was a long reach for Fort Ann and if they had one ambulance and it was that far out of reach so it was kind of a gentlemanly thing for us to do to provide better patient care so that they wouldn’t be without an ambulance. This is kind of a different thing, shame on you for not being a little more aggressive. I mean you beat us up, go beat them up. SUPERVISOR STEC- Well put MRS. CHRISTENSEN- Yeah, and SUPERVISOR STEC- We’re encouraging you to have a conversation of Fort Ann, the Town Government of Fort Ann, like you do us. You can have a contract with them just make sure it doesn’t violate you’re contract with us; but, I mean do I get excited twenty call out of a hundred and seventy? You know, twenty calls every year for ten years, they ought to have a little skin in the game. They ought not be getting it for nothing. MRS. CHRISTENSEN- They should, right COUNCILMAN BREWER- When our residents are paying. SUPERVISOR STEC- Right, I mean year to year is it a lot of money we’re talking about, no but what’s right is right. So, I mean I would encourage you, I would strongly recommend that you do that before your next contract expires to have that kind of dialogue. I’m sure Maury Thompson will go over to Fort Ann and report on it. COUNCILMAN METIVIER- Good, it will get the ball rolling. 13 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 MRS. CHRISTENSEN- And we are working on our insurance also. COUNCILMAN METIVIER- Okay SUPERVISOR STEC- Any other questions from Board Members? COUNCILMAN MONTESI- So, the answer is that your fly car is a first responder. MRS. CHRISTENSEN- Right, which all fly cars are, that’s what they’re used for. It was termed fly car years ago and it’s actually a first response vehicle. COUNCILMAN STROUGH- I just have one question, the hundred and twenty nine thousand in a separate account is that nine ninety. MRS. CHRISTENSEN- I don’t have any idea what he’s talking about. COUNCILMAN BREWER- Can you find out and report back to us. MRS. CHRISTENSEN- I’d be glad to. SUPERVISOR STEC- Or talk to Barbara, talk to Leo Rigby or somebody. MRS. CHRISTENSEN- Yeah SUPERVISOR STEC- And say, why did you do it this way? He may, hopefully, have a good answer. I suppose it’s possible that he made a mistake. MRS. CHRISTENSEN- Right, because we give them all of the information and they take it from there. COUNCILMAN BREWER- Okay SUPERVISOR STEC- Right, well he prepares it not you. MRS. CHRISTENSEN- Right, exactly. SUPERVISOR STEC- But, it’s important that it’s correct. MRS. CHRISTENSEN- Okay, I will do that SUPERVISOR STEC- All right, any other questions for Denyse? Thanks Denyse MRS. CHRISTENSEN- Thank you. SUPERVISOR STEC- Any other public comment on this contract? All right, I will close this public hearing and entertain any discussion or motion the Board might have. COUNCILMAN METIVIER- What kind of guarantees will we have in place for the next contract that they’ve at least spoken to Washington County? SUPERVISOR STEC- We can add it right into the contract, a requirement of the contract if you wanted to or we can put it right in the resolution. It might be easier to add it to the resolution, say add a resolve, I would suggest Tony and Rose if you want to kind of just add a resolve right at the end, say resolved that the Town Board hereby also requires that the North Queensbury Rescue Squad enter into dialogue with the Town of Fort Ann regarding. COUNCILMAN MONTESI- Town Board SUPERVISOR STEC- Town of Fort Ann Town Board regarding a contract for services in that the Rescue Squad periodically report back to the Town of Queensbury periodically in 2011. Does that work for you Tony? 14 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 COUNCILMAN METIVIER- That’s good. COUNCILMAN BREWER- No, they should report back, yeah I’m sorry, you’re right, you’re right. SUPERVISOR STEC- That’s what … COUNCILMAN BREWER- 2011 SUPERVISOR STEC- All right, any, will somebody make a motion; moved by Councilman Montesi, seconded by Councilman Metivier. Discussion? Hearing none, let’s go ahead and vote. RESOLUTION APPROVING YEAR 2010-2011 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. AND PURCHASE OF EMS FLY CAR RESOLUTION NO.: 384, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2009, and WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for general emergency ambulance services, and WHEREAS, the Squad also wishes to replace its current Fly Car (a 1995 Chevrolet Suburban) and purchase a 2011 Chevrolet Tahoe for the approximate purchase price not to exceed $48,953 by financing such purchase with Glens Falls National Bank and Trust Company, Inc., over five (5) years at 6.5%, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town, and 15 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement for emergency ambulance services and the proposed vehicle purchase, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance services Agreement between the Town and the North Queensbury Rescue Squad, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Squad’s purchase of a 2011 Chevrolet Tahoe for the approximate purchase price not to exceed $48,953 by financing such purchase with Glens Falls National Bank and Trust Company, Inc., over five (5) years at 6.5%, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Squad to enter into a dialogue with the Fort Ann Town Board regarding a contract for services and that the Squad report back to the Town Board periodically during 2011 regarding such dialogue, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: Mr. Brewer ABSENT: None 3.0 HEARING ORDERING AND SECURING OR DEMOLITION OF UNSAFE STRUCTURE OWNED BY DANIEL AND TAMMY CREEDEN AND LOCATED AT 29 FAWN LANE, QUEENSBURY 16 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- All right, and Dave Hatin is here if we’ve got any questions for him. He provided up with several pictures that were taken. There’s a fire that was at 29 Fawn Lane a few weeks ago and it severely damaged the structure and it needs to come down. I haven’t heard an update from Dave in the last twenty four hours if anything different has happened. But, it needs to come down and I guess there’s some ownership and finger pointing going back and forth between the lenders and the insurance people and what not. In the meantime though, we want to make sure that this gets resolved, and looking into it, just in case somebody says why are they giving them that much time, the minimum amount of time that our attorneys say that we can give was, I’m looking for where it says thirty days, but the work has to be done by January 21, 2011. So, that’s more than thirty days. Dave do you have COUNCILMAN BREWER- I thought the time started ticking. COUNCILMAN METIVIER- When we say yes to this? SUPERVISOR STEC- When we say yes to this. COUNCILMAN BREWER- I thought the time issue the last time we talked about this? DAVE HATIN, DIRECTOR OF BUILDING AND CODES- What the resolution says is that they have to start within thirty days and finish within sixty. SUPERVISOR STEC- Gotcha DIRECTOR OF BUILDING AND CODES, HATIN- We need to start a time clock that’s why I want to start it now because it is a long period of time. SUPERVISOR STEC- And we are hopeful that they are going to resolve this, right Dave? DIRECTOR OF BUILDING AND CODES, HATIN- Hopefully SUPERVISOR STEC- I mean there is still a little finger pointing of who’s in charge the bank or the insurance company DIRECTOR OF BUILDING AND CODES, HATIN- It’s a very complicated situation with the whole property and financing and insurance, so this kind of starts the time frame so if they don’t nd follow through with it by January 22 we can start our course of action. COUNCILMAN MONTESI- I know this doesn’t happen often but is it something that you encounter when you have to condemn a building that the bank and the insurance company, maybe even the ownership is always in question. DIRECTOR OF BUILDING AND CODES, HATIN- No, this is an unusual circumstance here, very unusual circumstance. It’s a very complicated circumstance, which I really don’t want to go into right now. COUNCILMAN MONTESI- Yeah DIRECTOR OF BUILDING AND CODES, HATIN- I would be happy to discuss it with you privately. COUNCILMAN MONTESI- Okay st SUPERVISOR STEC- And then this would give them until 5:00pm on January 21 to have the demolition completed and if it’s not finished by then, then it does authorize the Director of Building and Codes to make whatever arrangements to demolish the building. Any questions for Dave or anything from Dave? COUNCILMAN BREWER- No 17 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- All right, Rose, are the owners or anybody representing the owners here for this hearing? Okay. Introduced by Councilman Brewer, seconded by Councilman Metivier RESOLUTION ORDERING DEMOLITION OF UNSAFE STRUCTURE OWNED BY DANIEL AND TAMMY CREEDEN AND LOCATED AT 29 FAWN LANE, QUEENSBURY RESOLUTION NO.: 385, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a home owned by Daniel and Tammy Creeden that was damaged by fire on th November 8, 2010, located at 29 Fawn Lane in the Town of Queensbury (Tax Map No.: 301.18- 1-72) and found that the structure is collapsing and presents a hazard to anyone who should enter the property and the structure is generally in disrepair, unusable and unsafe, and WHEREAS, the Director provided the report of his findings in writing to the Town Board and recommended that the structure be demolished, and WHEREAS, the Director advised the Queensbury Town Board that in his opinion, since the structure is dangerous and unsafe to the general public, he therefore would like the Town Board to take immediate action to order the demolition of such structure and remove it from the property in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, and nd WHEREAS, on Monday, November 22, 2010, the Town Board declared the structure on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on Monday, th December 6, 2010 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Daniel and Tammy Creeden to immediately demolish the structure located at 29 Fawn Lane in the Town of Queensbury (Tax st Map No.: 301.18-1-72) and complete such work by 5:00 p.m., January 21, 2011, and BE IT FURTHER, 18 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 st RESOLVED, that if the structure is not demolished by January 21, 2011, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to demolish the structure, and BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal, including legal expenses, if necessary. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 4.0 PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES) LISA ADAMSON- Spoke to the Board regarding storm water runoff issues on Lake Parkway. She is concerned about this runoff and possible pesticides flowing into the Lake. Presented the Board with pictures taken prior to the storm last week; they were expecting to have more pictures of the road right after the big storm on Wednesday or Thursday but the individual with those pictures was not at the meeting. She asked the Board to go up there after a rain storm to see what is happening. COUNCILMAN METIVIER- Suggested some possible solutions so that the water doesn’t collect on the road. This is going to be a costly project but will be in contact with Dave Decker regarding possibly getting some grant money to fix this problem. MS. ADAMSON- Asked the Board if they could speak to homeowners about the use of pesticides on their lawns. COUNCILMAN STROUGH- Explained that the Town’s Attorney’s are looking over a draft proposal of pesticide and fertilizer restrictions. COUNC ILMAN MONTESI- Will speak with his fellow Board Members of the Warren County Soil and Water regarding funding for this. LORRAINE RUFFING- Confirmed what Ms. Adamson said regarding the condition of Assembly Point Road. Also spoke of a situation on Bay Parkway concerning the granting of a septic variance to Edward Mastoloni; which was brought before the Board on approximately two years ago. This septic was going to serve two houses. At that time there were extensive discussions concerning a culvert that runs under Bay Parkway onto the Mastoloni property and then empties into a very shallow bay. Over the last couple of years that bay has suffered in terms of the condition of the bay that it has become very mushy and there is a lot of plant growth. Referred to the minutes of that meeting where the Board stated that they wanted to have some control over this culvert where there was discussion to improve or replace it. The septic variance was closed subject to two conditions or two easements, one that the Town would have control over the culvert to improve it and then there were restrictions on the septic system itself. Since that time, as you feared, a hole has opened up in the Bay Parkway Road, right on top of the 19 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 culvert. Respectfully requests that the Board look into repairing and maintaining that culvert. She is in hopes that it can be maintained in such a way that there wouldn’t be such a heavy nutrient load going into the Lake. Explained that culvert does drain on wetlands; which is on Otyokwa property. COUNCILMAN BREWER- We never ended up getting that easement. SUPERVISOR STEC- The Highway Superintendent didn’t want it. COUNCILMAN METIVIER- That wasn’t Mr. Mastoloni’s fault; the Town didn’t want to take the easement. Explained that the culvert does not drain into the Lake. MS. RUFFING- It does drain into the Lake and she has the pictures to prove it. COUNCILMAN BREWER- That’s why the Highway Superintendent didn’t want the easement, he didn’t want the problem with owning the culvert pipe all the way down to the Lake. COUNCILMAN METIVIER- What was proposed was to fix the culvert from Otyokwa under the road and stop it on the other side. MS. RUFFING- No, then it’s going to flood Mastoloni’s property COUNCILMAN METIVIER- Not if it’s done properly with a catch basin in with a filter. SUPERVISOR STEC- Asked Councilman Metivier to talk to Dan Ryan and Mike Travis about a solution for this that’s feasible. DONALD KREBS- Spoke to the Board regarding protecting the Lake. Concerned that they are not doing what is necessary; putting a burm along the east side of Assembly Point will only create hazardous conditions in the winter time because it will back the water up across the road. He suggested putting in storm sewers on the west side of that road and if necessary pump the water to a different location. Also spoke to the Board regarding a situation at 44 Russell Harris Road which was also brought to the attention of the Zoning Administrator and has yet to be addressed. If we don’t protect the Lake we are going to lose a huge amount of economic value. GEORGE DRELLOS- Questioned the Board regarding the resolution concerning instituting the use of credit cards at the Town. SUPERVISOR STEC- Explained that the credit card holder will be charged a fee by the credit card company. The Town cannot legally incur those fees. GARY RANDALL- Spoke regarding the Main Street project and the underground utilities. Asked the Board it those large structures along Main Street are permanent? SUPERVISOR STEC- Explained that the reason for the easements was for a place for these transformers. MR. RANDALL- Questioned when mailboxes can be put back up? COUNCILMAN BREWER- The Post Office makes that decision. MR. RANDALL- The contractors are doing a fantastic job. It really looks great. PETER BROTHERS- Read an article Post Star concerning the expansion of the Bay Ridge Rescue Squad. Instead of spending more money on an addition would be possible for the Rescue Squad and Fire Company to share a building? SUPERVISOR STEC- No decision has been made on a building expansion. Encouraged th Mr. Brothers to ask that question at the public hearing on December 20. PLINEY TUCKER- Questioned Supervisor Stec regarding Paul Dusek’s position at the County. 20 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- Explained Mr. Dusek’s position as County Administrator and County Attorney. MR. TUCKER- Questioned the Board regarding the temporary portable vehicle coverage’s, do they have to meet setbacks? SUPERVISOR STEC- Will look into this with the Zoning Administrator. MR. TUCKER- Questioned resolution 5.16- Resolution Enacting Local Law of 2010 to Amend Queensbury Town Code by Repealing Existing Chapter 140 “Signs” and Replacing it with New Chapter 140 “Signs” and Adopting Revised Building and Codes Fee Schedule. How much are the fees going up? SUPERVISOR STEC- I can’t remember the amounts. Our fees have not changed in ten years so Mr. Hatin did a comparison with three or four other towns in the area and found out that our fees are about twenty percent lower than most of them. JOHN SALVADOR- Spoke regarding Paul Schonewolf’s letter to the Editor in the Lake George Mirror concerning creation of fire districts. Also spoke to the Board about the codification of the zoning ordinance. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY’S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2010 RESOLUTION NO.: 386, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements, and WHEREAS, the Town Board has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town’s financial statements for the fiscal year ending December 31, 2010 at a cost not to exceed $19,900 as more specifically set forth in its letter th dated November 8, 2010, NOW, THEREFORE, BE IT 21 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack & Company, CPA’s to provide auditing services to the Town of Queensbury for the year ending December 31, 2010 for an amount not to exceed $19,900 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT STATEMENTS OF CASH RECEIPTS AND DISBURSEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2010 RESOLUTION NO.: 387, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Cusack & Company, CPA’s (Cusack) Cusack has offered to audit the Town’s statements of cash receipts and disbursements for the fiscal year ending December 31, 2010 for the Town of Queensbury Town Courts, and two other departments as will be determined by management, of the Town of Queensbury for the year ended December 31, 2010 at a cost ranging from $3,200 to $3,750 for each department audit as more specifically set forth in Cusack’s letter- th form proposal dated November 8, 2010 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement Cusack & Company, CPA’s to provide cash receipts and disbursement auditing services to the Town of Queensbury for the year ending December 31, 2010 as described in the preambles of this Resolution at a cost ranging from $3,200 to $3,750 for each department audit as more specifically set forth in 22 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 th its letter-form proposal dated November 8, 2010 to be paid for from the appropriate account(s) as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the letter-form proposal and the Town Supervisor and/or Town Budget Officer to sign any other documentation and take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION REAPPOINTING PAUL DAVIDSON TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.: 388, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the term of Board of Assessment Review Member Paul Davidson recently expired and Mr. Davidson has expressed interest in being reappointed to the Board for a new five (5) year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Paul Davidson to serve as th a member of the Queensbury Board of Assessment Review with his term to expire September 30, 2015 in accordance with New York State Real Property Tax Law §523. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi 23 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6234IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 389, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6234 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceedtwenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5)years from the completion of the rehabilitation, NOW, THEREFORE, BE IT 24 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) for Case File #6234, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT WITH WELLCHOICE, INC. / WELLPOINT HOLDING CORP. FOR PROVISION OF ADMINISTRATIVE SERVICES FOR RETIREE DRUG SUBSIDY PROGRAM ADMINISTERED BY CENTERS FOR MEDICARE AND MEDICAID SERVICES RESOLUTION NO.: 390, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by prior Resolutions, the Queensbury Town Board authorized Agreements between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint), to provide services related to the Town’s participation in the retiree drug subsidy program administered by the Centers for Medicare and Medicaid Services, and WHEREAS, the Town of Queensbury has been satisfied with WellPoint’s services and therefore wishes to enter into a similar Agreement for 2011, and WHEREAS, a proposed letter-form Agreement dated November 12, 2010 between the Town and WellPoint is presented at this meeting, NOW, THEREFORE, BE IT 25 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town of Queensbury and Wellchoice, Inc., now known as WellPoint Holding Corp. (WellPoint) to provide administrative services for the retiree drug subsidy for the year 2011 as set forth in the letter-form Agreement dated November 12, 2010 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such letter-form Agreement substantially in the form presented at this meeting and any other needed documentation and the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING TRANSFER FROM HIGHWAY RESERVE FUND #62 TO HIGHWAY OPERATING ACCOUNT TO FUND REPAIRS TO HIGHWAY GARAGE FLOOR DRAINAGE SYSTEM RESOLUTION NO.: 391, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Facilities Manager has requested Town Board approval for a transfer of funds in the amount of $9,370 from the Highway Reserve Fund #62 to the Highway Operating Account No.: 001-5132-4070 to fund repairs to the Highway Garage floor drainage system, and WHEREAS, the Town Board is authorized to withdraw and expend funds from the Highway Reserve Fund subject to permissive referendum, NOW, THEREFORE, BE IT 26 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of funds in the amount of $9,370 from the Highway Garage Reserve Fund #62 to the Highway Operating Account No.: 001-5132-4070 to fund repairs to the Highway Garage floor drainage system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Facilities Manager to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 6 day of December, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING JEFF AURELIA SCHOLARSHIP FUND 5K ROAD RACE RESOLUTION NO.: 392, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Jeff Aurelia Scholarship Fund has requested authorization from the Queensbury Town Board to conduct a 5k road race to benefit the Jeff Aurelia Scholarship Fund as follows: 27 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SPONSOR : Jeff Aurelia Scholarship Fund EVENT : 5k Road Race st DATE : Saturday, January 1, 2011 TIME : 10:00 a.m. – 11:30 a.m. (approximately) PLACE : Beginning on Sherman Avenue and ending on Quade Street (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Jeff Aurelia Scholarship Fund to conduct a 5k Road Race partially within the Town of Queensbury to benefit the st Jeff Aurelia Scholarship Fund on Saturday, January 1, 2011 subject to the Town’s receipt of proof of insurance from the Jeff Aurelia Scholarship Fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 393, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and 28 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a stop intersection at the intersection of Heron Hollow and Hillman Roads, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing on th Monday, December 20, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2010-2011 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 394, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) expired on December 31, 2009, and 29 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, as provided in the Agreement dated January 1, 2008, the Town has continued to make monthly payments to the Squad for their services under such Agreement until a new Agreement is authorized, and WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2010-2011 Agreement for emergency ambulance services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town of Queensbury and th the Bay Ridge Rescue Squad, Inc., on Monday, December 20, 2010 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2011 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 395, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and 30 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, the Agreement currently in effect between the Town and the West Glens Falls Emergency Squad, Inc., will expire on December 31, 2010, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2011 Agreement for general emergency ambulance services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town of Queensbury and th the West Glens Falls Emergency Squad, Inc., on Monday, December 20, 2010 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC. - COMMUNITY ACTION AGENCY RESOLUTION NO.: 396, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury duly advertised for bids for the Transportation Services for the Queensbury Senior Citizens for the year 2011, and WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has offered to provide such Transportation Services for the amount of $22,000, and 31 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, the Town’s Purchasing Agent has recommended that the Town Board award the bid to the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency, the only and therefore lowest, responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for the Transportation Services for the Queensbury Senior Citizens for the year 2011 to the Warren- Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of $22,000 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Accountant and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GOVERNMENT PAYMENT SERVICE, INC. REGARDING USE OF CREDIT OR DEBIT CARDS FOR PAYMENT OF AMOUNTS PAYABLE TO THE TOWN OF QUEENSBURY, INCLUDING PAYMENTS RECEIVED AS RECEIVER OF TAXES AND QUEENSBURY TOWN CLERK AT THE TOWN OF QUEENSBURY RESOLUTION NO.: 397, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is considering entering into agreements with a financing agency or credit card issuer to allow payment of taxes, water and sewer bills, recreation fees and other amounts received by the Queensbury Town Clerk on behalf of the Town of Queensbury owed to the Town by credit card, debit card, both in person and on-line, and WHEREAS, the Queensbury Town Clerk and the Director of Parks and Recreation wish to enter into such agreements, and 32 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 WHEREAS, Government Payment Service, Inc. (GPS) has developed a service for the purpose of processing payments by credit or debit card for fines, charges, surcharges and fees and has submitted proposed Agreements to the Town whereby GPS would process such payments owed to the Town made by credit or debit card, both in person and on-line, and WHEREAS, Town Counsel has reviewed the proposed Agreements and has determined that such Agreements are in accordance with the Town’s internal procurement policies and procedures, and WHEREAS, the Town Board believes it to be in the public interest to authorize such Agreements substantially in the form presented to the Queensbury Town Clerk and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Agreements between the Town of Queensbury and Government Payment Service, Inc., Power Pay and/or Value Payment Systems, LLC providing for the payment of taxes, recreation fees, water bills, sewer bills, dog licenses, hunting and fishing licenses, copies, late penalty fees and other amounts to be received by the Queensbury Town Clerk on behalf of the Town of Queensbury, in form acceptable to the Town Supervisor, Town Clerk and Town Counsel, and BE IT FURTHER, RESOLVED, that any underlying debt or obligation to the Town is not discharged or satisfied until the Town actually unconditionally receives the funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreements and authorizes and directs the Town Supervisor, Town Clerk, Director of Parks and Recreation and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 33 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 398, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2010 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-1010 Contingency 001-1110-1020 Court O/T 1,000 001-1990-4400 Contingency 001-1410-4420 Codification Svcs 2,000 001-9060-8060 Health Insurance 001-1420-4131 Litigation 35,000 001-1990-1010 Contingency 001-8010-1010 Wages 17,000 001-1990-1010 Contingency 001-8020-1010 Wages 22,000 002-5110-1010 Wages 002-5110-4620 Paving Materials 15,000 005-9040-8040-4980 WC Insurance 005-3410-4415-4980 Emergency Svc Contract 17,200 005-0000-0909-4981 Fund Balance 005-3410-4418-4981 Emergency Svc Contract 77,700 030-0000-0909 Fund Balance 030-8110-4130 Town Counsel Retainer 50 032-8120-4300 Electricity 032-8120-2899 Capital Construction 500 035-8120-4300 Electricity 035-1650-4100 Communication 70 035-8120-4300 Electricity 035-8110-4130 Town Counsel Retainer 50 036-8120-4300 Electricity 036-1650-4100 Communication 50 047-8330-4400 Misc. Contractual 047-8340-4400 Misc. Contractual 500 th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6241IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 399, 2010 34 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6241 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceedtwenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5)years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) for Case File #6241, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other 35 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF DECEMBER 7, 2010 RESOLUTION NO.: 400, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a ndth Warrant with a run date of December 2, 2010 and payment date of December 7, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run ndth date of December 2, 2010 and payment date of December 7, 2010 totaling $2,095,206.28, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ENACTING LOCAL LAW NO. 13 OF 2010 TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 140 “SIGNS” AND REPLACING IT WITH A NEW CHAPTER 140 “SIGNS” AND ADOPTING REVISED BUILDING AND CODES FEE SCHEDULE 36 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 RESOLUTION NO.: 401, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 13 of 2010 to repeal current Queensbury Town Code Chapter 140 entitled “Signs,” and replace it with a new Chapter 140 entitled “Signs,” and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed revised Sign Code prior to adoption, and WHEREAS, the Town of Queensbury amendments, as embodied in the proposed revised Sign Code, comply with and are a furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and th WHEREAS, on or about November 19, 2010 the Adirondack Park Agency considered the proposed Local Law, did not make any recommendations for changes or revisions to the proposed Local Law, and approved its adoption by the Town as submitted to the Agency, and WHEREAS, by Resolution No.: 346,2010, the Town Board determined that this action would not have a significant adverse impact on the environment, declared a Negative Declaration under SEQRA and authorized the filing of a SEQRA Negative Declaration - Notice of Determination of Non-Significance, and WHEREAS, the Town Board duly held a public hearing on the proposed Local Law on th Monday, October 18, 2010 and heard all interested persons, and WHEREAS, no substantive changes or revisions have been made in the proposed Local Law as a result of review by the Adirondack Park Agency or the Public Hearing held by the Town Board, and the proposed Local Law is in form approved by Town Counsel, and WHEREAS, the Town Board also wishes to consider adoption of the Building and Codes Fee Schedule for the Town of Queensbury as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 13 of 2010 to repeal current Queensbury Town Chapter 140 entitled "Signs" and replace it with a new Chapter 140 entitled “Signs”, and 37 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the Local Law to the Adirondack Park Agency and to any other person or party as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board further adopts the Building and Codes Fee Schedule for the Town of Queensbury as presented at this meeting, and BE IT FURTHER, RESOLVED, that such Building and Codes Fee Schedule shall become effective as of st January 1, 2011, 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 upon filing with the Secretary of State. th Duly adopted this 6 day of December, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None LOCAL LAW NO.: 13 OF 2010 A LOCAL LAW REPEALING AND REPLACING TOWN OF QUEENSBURY CHAPTER 140 “SIGNS” BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Authority – This Local Law is adopted in accordance with New York Town Law Article 16 and the Municipal Home Rule Law. Section 2. Amendment of Chapter 140 “Signs” – Chapter 140 of the Queensbury Town Code, entitled “Signs” is hereby repealed in its entirety and replaced by the attached Chapter 140 entitled, “Signs.” The provisions of this Chapter are severable. If any Article, section, subdivision or provision of this Chapter shall be invalid, such invalidity shall apply only to the Article, section, 38 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 subdivision or provision adjudged invalid, and the rest of this Chapter shall remain valid and effective. Chapter 140: SIGNS § 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 practical 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 beauty, natural beauty and aesthetic appeal of designated areas and to provide a more enjoyable and pleasing community. § 140-2. Definitions. A. Words not defined in this chapter shall have their meaning as defined in Article 2 of the Chapter 179 of the Code of the Town of Queensbury. B. 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 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 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).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. FRONT — In reference to a building or structure, the outer surface of a building or structure which is visible from any private or public street, highway or public way. 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. PERSON — A person, firm, partnership, association, corporation, company, institution or organization of any kind. PROPERTY LINE - 39 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 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 — That portion of a lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line. 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. 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 and is intended to attract attention or propose a commercial transaction. SIGN, CHANGEABLE COPY – A sign constructed or designed to allow for periodic changes of copy, and for which the copy is changed not more than once each twenty- four (24) hour period. SIGN, DIGITAL OR ELECTRONIC -- Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. Includes the following two types: a. Fixed Message Electronic Signs: Signs whose basic informational content has been pre-programmed to include only certain types of information projections, such as time, temperature, predictable traffic conditions or other events subject to prior programming. b. Computer controlled variable message electronic signs: Signs whose information content can be changed or altered by means of computer-driven electronic impulses. SIGN, DOUBLE-FACED — A sign designed to be viewed from two directions and which at no point is thicker than 24 inches measured from the exterior surface of each face and the two faces of the sign are either parallel or the angle between them is 30º or less. SIGN, FLASHING — An illuminated sign in which the artificial lighting is not maintained in a stationary or constant intensity. SIGN, FREESTANDING — A sign not attached to any building, but permanently affixed, by any means, in or upon the ground. SIGN, HUMAN - - A human sign is a sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product. A person dressed in costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product shall also be construed as a human sign. SIGN, ILLUMINATED — Any sign illuminated by electricity, gas or any other artificial lighting. SIGN, MONUMENT - - A free-standing sign, supported by columns and a base, which is placed on or at ground level, and not attached to any building wall, fence or other structure. 40 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SIGN, PORTABLE — 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. SIGN, PROJECTING — A sign which is attached to the building wall and which extends more than 15 inches from the surface of such wall, or a sign which is perpendicular to the surface of such wall. SIGN, ROOF — A sign erected upon a roof or parapet of a building or structure. SIGN, TEMPORARY— A sign used for the purpose of short-term advertising limited to 60days. SIGN , WALL— 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 15 inches from the face of such wall. SIGN, WINDOW — 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. SIGN STRUCTURE — The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides where the angle formed between any of the sides or the projections thereof exceeds 30º, each side shall be considered a separate sign structure. SIGN SURFACE 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 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 25 feet horizontal and 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. ZONING ADMINISTRATOR – The appointed Town official who is responsible for overseeing and coordinating the administration of this chapter, Chapter 179 and Chapter A183 of the Code of the Town of Queensbury. ZONING DISTRICT – The particular area of the Town as established and depicted on the official Town Zoning Map for which particular regulations governing the area, height, use of buildings or use of land, and other regulations relating to development or maintenance of existing uses or structures, are uniformly applied in that area. § 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 square feet. 41 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 D. Transportation signs, including bus stops, etc., not to exceed two 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. a 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 nonilluminated, not to exceed four 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 square feet per face. Business names or personal names shall be allowed, not to include advertising messages. A maximum height of six feet shall be allowed, except that, where required for public safety and/or by permission of enforcement officers, a maximum height of 10 feet may be allowed. H. "Warning," "Private Drive," "Posted" or "No Trespassing" signs, not to exceed two 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 snack or beverage machines, not to exceed two square feet. J. On-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 nonilluminated. (1) LC, PR, RR, WR, MDR, NR and PUD zoning districts: one sign per owner and one sign per broker, each sign not to exceed six square feet. (2) MS, O, RC, NC, CI, CM, ESC, CLI and HI zoning districts: one sign, not to exceed 50 square feet. Setbacks from all property lines shall be a minimum of 15 feet. (3) Signs shall be removed by three days after the sale, lease or rental of the premises. L. Project signs, nonilluminated, 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 sign not to exceed 50 square feet in surface area, to be removed upon completion of the project but not to be in place longer than two years. Setbacks from all property lines shall be a minimum of 15 feet. M. One double-faced freestanding sign and one single-faced attached sign for professional offices (physician, dentist, architect, engineer, surveyor or lawyer) and permitted home occupations, not to exceed two 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 square foot. O. Lawn signs identifying residents, not to exceed one square foot of surface area, or two square feet if double-faced. Signs are to be nonilluminated except by a light which is an integral part of a lamppost, if used as a support, with no advertising message thereon. 42 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 P. Private-owner merchandise sale signs for garage sales and auctions, not to exceed four square feet, for a period not to exceed seven 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) Temporary signs shall be permitted for a period not to exceed 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 Zoning Administrator. 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. (2) The sign must be removed upon expiration of the permit. Upon failure of the permit holder to remove the sign, the Zoning Administrator will issue a written notice directing that the sign be removed within 24 hours. Failure to comply with this notice within 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 32 square feet in area. (2) Temporary freestanding signs shall be limited to 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 inches from the surface of the wall to which they are attached. (2) Temporary freestanding signs must be placed a minimum of 15 feet from the front property line. In instances where the front property line cannot be determined, the following setbacks shall apply: (a) Forty feet from the center line of a two-lane road. 43 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 (b) Forty-five feet from the center line of roads with three or more lanes. E. Number of temporary sign permits allowed: (1) Five temporary sign permits per applicant for a total of 60 days per calendar year. (2) Only one active, temporary sign permit per applicant. § 140-5. General standards and regulations. The following regulations shall apply to all signs: A. Any advertising signs that are located on property where the goods or services mentioned on the sign are not available are not permitted, except billboards or signs permitted under §140-4(B)(3) or §140-6(B)(5). 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 shall be allowed. No bare lamps or bare bulbs on a string shall . be allowed. All exterior sign lighting shall be downcast with cut-off fixtures 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. Signs known as digital billboards, electronic display panels and similar LED digital advertising displays shall be prohibited. 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 required setback orpublic right-of-way. D. Signs using red, yellow or green lights shall not be placed within 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. Human signs shall be prohibited. I. No projecting sign shall be erected or maintained from the face of a building a distance of more than four feet. J. Any advertising which uses a series of two or more signs placed along a street or highway, carrying a single advertising message or theme, part of which is contained on each sign, shall be prohibited. K. All signs and parts thereof shall be stationary and shall not be allowed to move or 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. 44 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 L. 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 20% of the area of said window. M. Only one sign designating credit cards acceptable at any one premises may be displayed. Such sign shall be no more than twosquare feet in area. Said sign area shall not be computed as part of allowable sign footage. N. 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. O. Signs which project above any roof ridgeline or parapet line shall not be permitted. Signs, other than permitted projecting signs, which change the profile of the building shall not be permitted. P. 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. Q. A wall sign shall not project more than 15 inches from the face of the building wall nor extend beyond the outer edge of the wall to which it is attached. R. Advertising panels shall meet the following requirements: (1) No new advertising panels shall be constructed or erected. (2) Expansion of existing advertising panels is prohibited. (3) Advertising panels that have not shown advertising for an existing business or event for over one (1) year shall be discontinued and removed. (4) Standard outdoor advertising panels may be continued and maintained in any commercial or industrial zoning district, but they may not be double- decked or over 20 feet in height, and they shall employ only lights emitting a light of constant intensity. § 140-6. Signs for which permits are required; number; regulations. A. General. No sign or other device for advertising purposes 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 of freestanding signs. The setback for freestanding signs shall be a minimum distance of 15 feet from any property line. (2) Size. 45 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 (a) Freestanding signs. The surface area of one side shall not exceed 45 square feet at a fifteen-foot setback or 60 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 20% of the area of the wall or roof to which such sign is attached or up to 30 square feet, whichever is less. 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 at a distance of at least 100 linear feet from the front property line are permitted to have a wall sign or a permitted roof sign of up to 100 square feet. Buildings with more than 100 feet of setback from the front property line will be permitted an additional 10 square feet of sign surface for each 10 additional feet of setback to a maximum sign size of 200square 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)[1] above. (3) Placement and number. (a) Freestanding signs shall be allowed in commercial or industrial zoning districts only, except as provided for in this chapter. (b) Signs attached to or painted on buildings shall be allowed in commercial or industrial zoning districts only, except as provided for in this chapter. (c) A business located on a parcel of property shall be granted a permit for two signs: one freestanding, double-faced sign and one sign attached to a building (wall sign or permitted roof sign) or two signs attached to a building. A building on a street corner lot or contiguous to two streets shall be allowed two building signs and one freestanding sign. Where a building is situated on a corner lot, one wall sign will be allowed on each side of the building facing a public street. Only one 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- 3G. 46 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 [2] Signs allowed within a business complex shall comply with the following size and dimensions: [a] Double-sided, freestanding signs shall be limited to 45 square feet in area at a setback of 15 linear feet and 60 square feet in area at a setback of 25 feet. Maximum height shall not exceed the requirements outlined in §140-6 (B)(4). [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 80 linear feet from the front property line, the wall or roof sign area shall be limited to 100 square feet. Linear setback distances of greater than 80 linear feet from the front property line shall be permitted an additional 10 square feet of sign area for each 10 additional feet of setback distance, up to a maximum, limit of 200 square feet. [c] Directional signs shall be limited to four 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 square feet. The maximum height shall be limited to 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 15 feet from any property line. [b] Wall/roof signs shall not project above the roof ridgeline 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 only 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 freestanding sign per entrance accessing a different public right-of-way. [b] One 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 inches in height. (e) Hotels, motels, golf clubs, ski areas, boat storage, amusement centers and other substantial facilities in all zoning districts shall be permitted two signs of 50 square feet maximum each. 47 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 (f) Roadside stands in all zoning districts shall be permitted two signs: one for identification and one for current products for sale, each sign not to exceed 32 square feet. (g) Apartment complexes in all zoning districts shall be permitted one sign for each entrance on a different street or highway, each sign not to exceed 32 square feet. (4) Height. (a) No freestanding sign shall exceed a height greater than the following: [1] LC, PR, RR, WR, MDR, NR, MS and PUD zoning districts: 12 feet. [2] RC, NC, CI, CM, ESC, CLI and HI zoning districts: 20 feet. [3] O zoning district: 6 feet (b) The height of such signs shall be measured from the original grade level in the immediate area of the sign 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 zoning district, provided that such signs do not exceed 10 square feet of area per location, not to exceed a total of 40 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 Zoning Administrator. (d) Such signs shall be limited to arterial and collector streets. (e) Such signs shall also comply with §140-12 of this Chapter. § 140-7. Standards for specified zoning districts A. Main Street zoning district 1. Wall signs. Signs above individual establishments shall be centered above each respective shop front. If an awning is present, signs shall be two (2) feet above the awning. For size limitations, see §140-6(B)(2)(6). 2. Hanging or projecting signs. a. Shall be placed perpendicular to the wall, and should be located above the establishment entrance doorway. b. Shall not extend below the bottom of the lintel, nor above the top of the upper bay on multi-story buildings. c. The lowest point of any projecting sign must be eight (8) feet above any pedestrian walkway. 48 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 d. Bracket designs shall be integrally planned, detailed and highly ornamental in nature. Brackets shall be consistent throughout their use on any individual building. 3. Window signs. Window signs are encouraged, subject to the following: a. Lettering on street level storefront glass shall be no more than eight (8) inches high and obscure no more than twenty percent (20%) of the glass area. b. Temporary signs advertising specific products or services may be placed behind the storefront glass, limited to six (6) square feet or fifteen percent (15%) of the glass area, whichever is less. 4. Awnings: Awnings shall be subject to the standards noted in §179-7- 070(E)(4) of the Code of the Town of Queensbury. 5. Sign on upper floors a. Businesses on upper floors are permitted two (2) signs: one on the edge of an awning or canopy, and one (1) painted on the window in separate letters on a clear background no more than six (6) inches high 6. Materials. a. All signs shall be made of durable materials. b. Wood, metal stone, brick or similar traditional sign materials are recommended. c. Resin or composite materials that give the appearance of traditional materials may also be used. 7. Lighting: If the sign is to be illuminated, it must utilize exterior downcast cutoff illumination. 8. Prohibited: a. Translucent or back-lit signs, canopies or awnings b. Paper displays and posters attached to windows are not permissible without Town Board approval. c. Changeable copy signs. d. Individual letter signs not installed to appear flush-mounted, or with exposed raceways containing electrical transformers or similar components are prohibited. e. Signs that extend above the principle roof line at the top of the building façade. 9. Planning Board review: Individual signs are subject to Planning Board review as part of any required site plan review application. B. Office zoning district 1. Freestanding signs a. Monument style required 49 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 b. Height shall not exceed six (6) feet c. Design, color and appearance shall be Adirondack or rural in appearance and shall compliment the architectural style of the building 2. Building or entry signs a. One building or entry sign (not both) is allowed per building b. Building mounted or entry signage will be limited to two (2) square foot (or less) per tenant. c. Entry signage may have identification on both sides of sign. 3. Lighting: All signs shall use exterior downcast illumination. 4. Planning Board review: Individual signs are subject to Planning Board review as part of any required site plan review application. § 140-8. Signs within the Lake George Park or Adirondack Park 1. Signs proposed for properties within the Lake George Park shall also be comply with the requirements of 6NYCRR Part 646-7, which is administered by the Lake George Park Commission. 2. Signs proposed for Class A or Class B Regional Projects within the Adirondack Park, and not also within the Lake George Park, shall be subject to the sign standards contained in 9NYCRR in Appendix Q-3 of the Adirondack Park Agency Rules and Regulations. § 140-9. 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, subject to the limitations of Section 140-10 below. § 140-10. Nonconforming signs. A nonconforming sign is a sign which is in conflict with the provisions of this chapter. Except for any sign for which a variance was previously granted, any sign in existence on the effective date of this Chapter and made non-conforming by the provisions of this Chapter shall be brought into conformity in all respects with the provisions of this chapter or shall be removed within 5 years of such effective date. § 140-11. Permit procedure; fees. A. Application for permit. Application for the permit shall be made in writing, in duplicate upon forms prescribed and provided by the Zoning Administrator 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 50 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 relation to nearby buildings, structures, lot boundaries and any private or public streets or highways; and any other information deemed necessary by the Zoning Administrator. (4) Written consent of the owner or lesser 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. Fees provided for by this chapter shall be paid upon the submission of petitions, applications and appeals, in such amount or amounts as shall be established by the Town Board from time to time by resolution and which are incorporated into this chapter by reference. Said fees will be posted in the Building Department on the official Building and Codes Fee Schedule. C. Issuance of permit. It shall be the duty of the Zoning Administrator, 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 Zoning Administrator shall issue a permit for the erection of the proposed sign. If the sign authorized under such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed once, within 30 days from the expiration thereof, for good cause shown, for an additional six months, upon payment of an additional fee as noted on the official Schedule of Fees for the Town of Queensbury. § 140-12. Construction and maintenance. All signs in the Town shall meet the following requirements: A. 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. B. Wind pressure requirements. All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area. C. General maintenance. The Director of Building and Code Enforcement shall require proper maintenance of all signs and shall inspect every sign within 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 D. All illuminated signs shall be inspected and certified by an appropriate electrical inspection agency under Chapter 80 of the Code of the Town of Queensbury, Electrical Standards, if they do not bear the Underwriters Laboratories, Inc., label. § 140-13. Penalties for offenses. A. Penalty 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 51 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 and shall be liable for a fine of not more than three (3) times the maximum established fee for a sign permit in accordance with Section 140-11(B) at the time the violation is discovered 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 Zoning Administrator 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 30 days after written notification from the Zoning Administrator, after which period the Zoning Administrator 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 signs. If the Zoning Administrator 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 30 days after such notice, the Zoning Administrator 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 Zoning Administrator may cause any sign or structure of a sign which is an immediate peril to persons or property to be removed upon notice to the property owner, with the expenses charged to the owner. § 140-14. Enforcement. A. This chapter shall be enforced by the Zoning Administrator 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 Zoning Administrator 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 there for. When the Zoning Administrator 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 Zoning Administrator. The Zoning Administrator 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. B. In addition to the Town of Queensbury officers and/or employees authorized, expressly or by implication, to administer and enforce this chapter, the Code Compliance Officer, Director of Building and Code Enforcement, Zoning Administrator and Fire Marshal for the Town of Queensbury are expressly delegated the duty and responsibility to administer and enforce the provisions of this chapter. 52 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 C. Violations enforced. Whenever a violation of this chapter or the terms and conditions of any permit or approval issued under this chapter occurs, the Zoning Administrator or authorized designee may, at his own initiative, enforce compliance and order that the violation be remedied. In addition, any person, a Town official or board may file a complaint requesting enforcement action by the Zoning Administrator or authorized designee. All such complaints shall be made in writing to the Zoning Administrator or authorized designee, who shall properly record such complaint and timely investigate and report findings thereon to the Town Board. The Zoning Administrator or authorized designee shall have authority to serve an order to cease or remove a violation (otherwise known as a "stop-work order" or "order to remedy"), or to issue a summons, or take any such enforcement action authorized by law upon any person owning, leasing, controlling or managing any building, structure, or land on which a sign violating the provisions of this Chapter is located. D. Remedies for Offenses 1. Criminal offense. Any person owning, leasing, managing or otherwise controlling any building, structure, premises or land where a violation of this chapter occurs and any person who commits or assists in the commission of any violation of this chapter who, after being served with an order to cease (stop-work order) or remove such violation (order to remedy), fails to comply with such order within 10 days after such service may be found guilty of an offense and subject to a fine as authorized in §268 of the Town Law. Every such person shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purpose of this article. The Zoning Administrator or authorized designee has the authority under this chapter and the Town Law to prosecute any such violations in the Town of Queensbury Justice Court or other court of competent jurisdiction. 2. Civil offense. In addition to the penalties in Subsection A above, any person who violates any provision of this chapter shall, for every such violation, forfeit and pay a civil penalty of not more than three (3) times the maximum established fee for a sign permit in accordance with §140-11(B) per violation. When a violation of any of the provisions is continuous, each day thereof shall automatically constitute a separate and distinct violation subjecting the offender to an additional civil penalty without the necessity for any further notice, order or other action by the Zoning Administrator or authorized designee. The Zoning Administrator or authorized designee has the authority under this chapter to commence a civil action in order to collect the civil penalty or penalties imposed pursuant to this section in the Town of Queensbury Justice Court or other court of competent jurisdiction, provided the Town Board consents to same. To the extent that this provision is inconsistent with the Town Law of the State of New York, Chapter 62 of the Consolidated Laws, Article 16, §268, the Town Board of the Town of Queensbury hereby declares its intent to supersede said section of the Town Law, pursuant to its home rule powers under the Municipal Home Rule Law, Article 2, §10 et seq., of the Consolidated Laws of the State of New York. 3. The methods of enforcement as set forth in Subsections 1 and 2 above, as well as subsection E below, are not exclusive and may be utilized together, alternatively, repeatedly or in any combination thereof until compliance is obtained and the violation is abated. Abatement of the violation does not preclude the exaction of a penalty, fine or collection of attorney's fees and costs and such other relief a court may order. E. Alternative remedies. In case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed in any approval, permit or certificate of compliance, in addition to the remedies herein provided, the Town may, by resolution of the Town Board, institute any appropriate action or proceedings for injunctive or other relief to prevent, restrain, correct or abate 53 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. As part of such action, the Town may request from the court an order that requires the violator to reimburse the Town for the costs, including the attorney fees, incurred with respect to the action for injunctive relief. F. Enforcement orders. 1. The Town Board for the Town of Queensbury herein grants the Zoning Administrator and authorized designees or other administrative officials named in 140-15(B) the enforcement responsibility of immediately terminating or prohibiting the continuance of any actions which are in violation of this chapter by posting a stop-work order or order to remedy on the premises wherein the violation has occurred. 2. The stop-work order or order to remedy shall serve notice to the owner, occupant, builder, developer, agent and/or any other individual or business on the premises that all such actions specified on the stop-work order or order to remedy must be terminated, abated, or remedied immediately or within such time specified in such order. 3. Relief from the stop-work order or order to remedy can be realized as follows: a. If all provisions of this chapter, together with other conditions specified by the Zoning Administrator, are met and no violation exists. b. Appeal to, and subsequent decision or order from, the Zoning Board of Appeals, that, pursuant to its appellate authority as specified in Article 14, reverses, voids, or otherwise modifies the order appealed from. G. Misrepresentation. Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant shall be void. This section shall not be construed to affect the remedies available to the Town elsewhere in this article. H. Complaints.Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be filed in writing with the Zoning Administrator or authorized designee, who may require such complaint to be in writing. The Zoning Administrator or authorized designee shall investigate the complaint and take such action as is appropriate in his/her discretion. The Zoning Administrator shall keep records of all complaints made and the results of any investigations conducted. § 140-15. Appeals. A. An appeal to the Zoning Board of Appeals from a ruling of the Zoning Administrator, authorized designee or other administrative officials named in §140-15(B) may be taken by a person aggrieved by filing with the Zoning Administrator 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 therefore 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 is 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 Zoning Administrator 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 54 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 the Board of Appeals or by the Supreme Court on application on notice to the Zoning Administrator 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 hear each appeal within 60 days of filing thereof. The decision of the Board of Appeals shall be 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 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 ten days prior to the date thereof and shall, at least five 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 Zoning Administrator: the Zoning Administrator, 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 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. § 140-16. Variances. A. 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. 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. B. In making its determination whether to grant a sign variance, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3. Whether the requested sign variance is substantial; 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 55 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. C. The Board of Appeals, in granting any area variance, shall grant the minimum variance that it shall deem necessary, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. D. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or grant with conditions shall not be effective until 30 days after such notice to the Agency. If, within such thirty day period, the Agency determines that such variance involves the provisions of the Adirondack Land Use and Development Plan as approved in the local land use program, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance. § 140-17. 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. § 140-18. Main Street Corridor Project exemption. [Added 1-26-2009 by L.L. No. 1-2009] A. For purposes of this section, "Main Street Corridor Project" shall mean the widening of and installation of underground infrastructure along Warren County Route 28 from Exit 18 of the Adirondack Northway (NYS Route I-87) to the City of Glens Falls municipal boundary. B. Any sign which is lawfully in existence on the effective date of this section and which is required to be relocated as a result of the Main Street Corridor Project shall be required to obtain a permit under this chapter if it is relocated pursuant to this § 140-18. C. If a sign is required to be relocated because the land on which it is located has been conveyed to or acquired by the Town of Queensbury or Warren County for purposes of the Main Street Corridor Project, the existing sign may be moved or replaced in a new location by a new sign of the same size, type, text and appearance. The new location shall be a location which is in compliance with this chapter and any prior Town approval or, if compliance is not possible, a location which the Zoning Administrator determines to be most nearly in compliance. Any prior Town approval shall be deemed to be amended to allow the new location authorized by the Zoning Administrator. D. If an existing sign becomes noncompliant with this chapter or any applicable municipal permit as a result of the transfer of adjacent land to the Town of Queensbury or Warren County for purposes of the Main Street Corridor Project, the sign may be relocated as described in Subsection C or may continue in its current location. If the sign is replaced in the future, it shall be relocated as provided in Subsection C. E. Relocation of any sign pursuant to this section must be accomplished within two years after the final acceptance date shown on the Final Acceptance of Locally Administered Federal Aid Project form relating to the Main Street Corridor Project. 56 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 Section 3. Severability – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4.Repealer – All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. As stated in Section 2, this Local Law is specifically intended to supersede the provisions of the current Town of Queensbury Chapter 140. Section 5.Effective Date – This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 6.0 CORRESPONDENCE DEPUTY CLERK MELLON- We have the Supervisor’s Report for Community Development/Building and Codes for the month of October on file in the Town Clerk’s Office. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER (WARD 4)- Questioned the Board members regarding the plans for Main Street, have found some discrepancies with them COUNCILMAN STROUGH (WARD 3)- ? Spoke of an article in the Post Star that Don Lehmann wrote about Queensbury being rated safest in the region. Our crime rate is the lowest of any of three hundred and forty seven nationally that were surveyed by a Washington D.C. based company that produces reference material. ? Warren County is gearing up for its bicentennial ? Read in the Lake George Association Newsletter about buffers. Happy to report that not only are people accepting buffers but they are taking pride in who has the nicest looking buffer. ? This month’s newsletter for the Queensbury Senior Citizens is loaded with activities. They also do a lot of great things for the community such as donations of money and items to the Glens Falls Family Services Association Food Pantry, they co-sponsor “be a santa” to the senior program, they collect items that are delivered to our troops in Iraq and Afghanistan, they knit, purchase and deliver hats, scarves and mittens to Queensbury Elementary Students every year, they sponsor two families for an adopt a family holiday program, they give theme baskets to the Hospital Guild basket fundraiser; and they give two achievement award scholarships for local high school seniors. They do so much good for the community. Anyone fifty five or older interested in joining should call 761-8224. COUNCILMAN MONTESI (WARD 2)- Spoke of the concerns addressed earlier regarding Assembly Point Road. Dave Wick from Warren County Soil and Water is working on a proposal to repave the road that runs along Million Dollar Beach with permeable asphalt. This maybe something we can look into for Assembly Point. COUNCILMAN METIVIER (WARD 1)- ? The Hillman Road Drainage Project is done as far the storm drains are concerned. Unfortunately, the plant closed so they haven’t been able to pave, it will have to be paved in the spring. ? Referred to issues on Assembly Point. An easy and quick solution to most of the problems with and on Lake George is that we still use pesticides and fertilizers with phosphorus and the fact that there are still failed septic systems up on the Lake, Lake Sunnyside and Glen Lake. We really need to look and address these issues first and foremost. 57 REGULAR TOWN BOARD MEETING 12-06-2010 MTG #45 SUPERVISOR STEC- ? Pointed out the Town’s website: www.queensbury.net ? Thanked TV8 and its sponsors for televising these meetings. ? Thanked the Queensbury Senior Citizens for the invite to their luncheon. This is a wonderful organization and we appreciate what they do for their fellow seniors in the Town of Queensbury. ? Thanked the Elks for inviting him as their guest speaker. Yesterday they held their annual remembrance ceremony for their departed members. They do a nice job with the ceremony and felt privileged to be a part of it. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 402, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury