Loading...
1998-07-20 REGULAR TOWN BOARD MEETING JULY 20,1998 7:00 p.m. MTG.#36 RES. 274-286 B.O.H. 35-36 LL#5 TOWN BOARD MEMBERS PRESENT SUPERVISOR FRED CHAMPAGNE COUNCILMAN RICHARD MERRILL COUNCILMAN THEODORE TURNER COUNCILMAN PLINEY TUCKER TOWN COUNSEL MARK SCHACHNER TOWN BOARD MEMBER ABSENT COUNCILMAN DOUGLAS IRISH PLEGE OF ALLEGIANCE LED BY SUPERVISOR CHAMPAGNE SUPERVISOR CHAMPAGNE-OPENED THE MEETING 1.0 PUBLIC HEARING NOTICE SHOWN PROPOSED LOCAL LAW 1998 RETIREMENT INCENTIVE PROGRAM SUPERVISOR CHAMPAGNE-Opened the public hearing on the 1998 Local Law for Retirement Incentive. Requested that the Controller Hess speak on this proposal. CONTROLLER HESS-For the past several years the State of New York has offered towns and other municipalities the option of offering a retirement incentive to employees who have ten years of service credit have reached age fifty five. The retirement incentive generally giving an employee an additional month of service credit for each year of service. What the board is looking to do here is pass legislation or pass a local law that would allow them to offer an incentive to employees that they deem eligible at some time in the future. The incentive would have a window some time later in the year it is expected it would probably be in the month of December allowing people to retire as late in the cycle, the 1998 cycle as possible. But, tonight's legislation is simply to enable to allow the board to consider offering it to eligible employees. SUPERVISOR CHAMPAGNE-Ok. Thank you. You have heard the proposed law anyone here like to speak for or against that law? Yes. Barbara. MS. BARBARA BENNETT -Barbara Bennett, just a question, ten year retirement mostly we have had twenty years, does this force the employee out? SUPERVISOR CHAMPAGNE-No, no this is optional. MS. BENNETT-The twenty years generally most businesses sort of pressure you into taking it. SUPERVISOR CHAMPAGNE-I do not know that, that's entirely the way it works out there today, but certainly there is pressure brought to bear at some point in the career of the individual when they reach a certain level that some businesses do, not all but some. MS. BENNETT -Technically they can either take a ten or twenty year retirement. SUPERVISOR CHAMPAGNE-In the Town? Town retirement plan you have to have ten years in, in order to have vested rights. So, the minimum is ten. MS. BENNETT -But you can stay for twenty. SUPERVISOR CHAMPAGNE-Stay for thirty stay for forty. CONTROLLER HESS-We have had people stay for well over thirty, yes. This is for the Board to offer this to an individual who would be considered eligible the Board would have to demonstrate that the town is going to save money on the replacement in one way or another. Either by restricting the position or by hiring someone at a lessor salary. But, whatever employees they offer it too, would be strictly optional on the employees part as to whether they would accept it or not. There is no, the only pressure is the financial incentive for additional service credit. MS. BENNETT-It is good to be able too if you haven't worked for the town all your life to be eligible at ten years, but it is hard if you find the town pressuring you not to stay twenty years but to retire so they can hire someone at a lessor salary. SUPERVISOR CHAMPAGNE-No, that is really not the case. The case is, for those people who would be going out sometime in the next two or three years in particular this gives them an additional three years, depending on the length of time you get here, you get one month for every one year you serve. CONTROLLER HESS-Yes. One month for every year. SUPERVISOR CHAMPAGNE-So, if someone has been here for up to thirty, up to three years there is a limit I think on that, max. CONTROLLER HESS-thirty six months. SUPERVISOR CHAMPAGNE-Thirty six months CONTROLLER HESS-but you had to be here thirty years to get that, but if somebody was here twenty years they would be an initial twenty months of service credit which is almost two years, which might raise their salary or might raise their retirement benefit about depending on what tier they are in about two thirty or one fifteenth. SUPERVISOR CHAMPAGNE-Anything from the Board? Ok. Hearing none close the public hearing and we will vote on the law. RESOLUTION TO ENACT LOCAL LAW NO.: 5 OF 1998 TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 34 ENTITLED, "1998 RETIREMENT INCENTIVE PROGRAM" WHICH CHPATER SHALL AUTHORIZE A RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYMENT EMPLOYEES OF THE TOWN OF QUEENSBURY RESOLUTION NO. 274. 1998 INTRODUCED BY: Mr. Richard Merrill WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury is desirous of enacting a Local Law to amend the Code of the Town of Queensbury by repealing existing Chapter 34 thereof entitled, "1997 Retirement Incentive Program" and replacing it with a new Chapter 34 entitled, "1998 Retirement Incentive Program," which Chapter shall authorize a retirement incentive program for eligible employees of the Town of Queensbury, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, a copy of said Local Law also having been previously given to the Town Board at the time the Resolution was adopted which set a date and time for a public hearing, and WHEREAS, on July 20th, 1998, a public hearing with regard to this Local Law was duly conducted, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby enacts the proposed Local Law to Amend the Code of the Town of Queensbury by repealing existing Chapter 34 thereof entitled, "1997 Retirement Incentive Program" and replacing it with a new Chapter 34 entitled, "1998 Retirement Incentive Program," to be known as Local Law No.: 5 of 1998, the same to be titled and contain such provisions as are set forth in a copy of the proposed Law presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby directed to file the said Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that said Local Law will take effect immediately and as soon as allowable under law. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish LOCAL LAW 5 OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING EXISTING CHAPTER 34 THEREOF, ENTITLED, "1997 RETIREMENT INCENTIVE PROGRAM" AND REPLACING IT WITH A NEW CHAPTER 34 ENTITLED, "1998 RETIREMENT INCENTIVE PROGRAM" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The Code of the Town of Queensbury is hereby amended by repealing the existing Chapter 34 thereof, entitled" 1997 Retirement Incentive Program," and replacing it with a new Chapter 34 entitled "1998 Retirement Incentive Program," to read as follows: ~34-1. Title. This Chapter shall be titled, "1998 Retirement Incentive Prograrn. " ~34-2. Statutory Authority. The authority for this Chapter is ~1O of the Municipal Home Rule Law and Chapter 47, Laws of 1998 of the New York State and Local Retirement System. ~34-3. Legislative History and Purpose. The New York State and Local Retirement Systems, pursuant to Chapter 47 of the Laws of 1998, made available a Retirement Incentive Program to local governments, public authorities and community colleges. This legislation permits employers that participate in the New York State and Local Employees' Retirement System to provide special retirement incentive benefits to their regular retirement plan members who are at least age 50 with ten years of service credit, or at least age 70 with at least five years service credit (not including incentive credit). Eligible employees participating in a special twenty-five year plan providing for retirement without regard to age are eligible to participate in the incentive program if they have earned twenty-five (25) years of service credit (including incentive service) necessary to retire prior to their effective date of retirement. Certain employees covered under Section 89-a, Section 89-b and Section 89-d may also be eligible for the incentive program. ~34-4. Enactment. The Town Board of the Town of Queensbury hereby elects to provide the retirement incentive program authorized by Chapter 47, Laws of 1998 to those employees deemed eligible by the Town Board. ~34-5. Commencement Date. The commencement date of the retirement incentive program shall be December 1, 1998. ~34-6. Open Period. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be thirty-one (31) days in length commencing on December 1, 1998. ~34-7. Value and Payment of Additional Retirement Benefits. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one (1) lump sum or in five (5) annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System and it shall be paid by the Town of Queensbury for each employee who receives the retirement benefits payable under this Local Law. SECTION 2. Severability . In the event that any provision of this law should be deemed invalid or illegal by a court oflaw, the remaining portions of the law shall be read to the extent possible, as if said provision was stricken therefrom and not a part thereof. SECTION 3. Effective Date. This Local Law shall take effect upon proper filing initially with the New York State Secretary of State and subsequently with the New York State and Local Retirement System (in accordance with the terms and provisions of the Municipal Home Rule Law of the State of New York). 2.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 275.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby convenes as the Queensbury Board of Health. Duly adopted this 20th day of July, 1998 by the following vote: AYES: Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Irish COUNCILMAN TUCKER-Re: Cook Sewer Variance, noted Mr. Cook has been trying since May to repair his septic system, sewage is leaking out, requested if this could be handled as an emergency. . . Town Board decided to go ahead with the public hearing... RESOLUTION TO SET PUBLIC HEARING ON APPLICATION FOR VARIANCE FROM SANITARY SEW AGE DISPOSAL ORDINANCE FOR WILLIAM COOK RESOLUTION NO.: 35.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, by law the Town Board of the Town of Queensbury is also the Local Board of Health for the Town of Queensbury and is authorized under Chapter 136 of the Town of Queensbury On-Site Sewage Disposal Ordinance to issue variances from the Ordinance, and WHEREAS, William Cook has applied to the Queensbury Local Board of Health for a variance from the Town of Queensbury On-Site Sewage Disposal Ordinance set forth in Chapter 136, Appendix A, such application requesting that there be an eighty-five feet (85') distance between the absorption field and the Hudson River in lieu of the required one-hundred feet (100') distance, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on August 3rd, 1998, at 7:00 p.m., at the Queensbury Activities Center, (reasonably accessible to persons with mobility impairment) 742 Bay Road, Queensbury to consider William Cook's application for a variance to allow an eighty-five feet (85') distance between the absorption field and the Hudson River in lieu of the required one-hundred feet (100') distance on property situated at 23 East Branch Drive, Queensbury and bearing Tax Map No.: 133-1-6 and at that time all persons interested will be heard, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing as required by law and also mail copies of the Notice to the adjoining neighbors located within five-hundred feet (500') of the subject property. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 36.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury here by adjourns its Board of Health Meeting and moves back into Regular Session. Duly adopted this 20th day of July, 1998 by the following vote: AYES: Mr. Tucker, Mr. Turner, Mr. Merrill, Mr. Champagne NOES: None ABSENT: Mr. Irish 3.0 CORRESPONDENCE NONE 4.0 TOWN COUNCILMANS COMMITTEE REPORTS COUNCILMAN TUCKER-Reported to the Board- Landfill: Jim Coughlin made a repair at the landfill at a washout up there, cost of repair $500.00 with his time etc. total cost $1100., will that come out of his budget? SUPERVISOR CHAMPAGNE-This was a repair that was done with the assistance ofMr. Naylor, that would come out of landfill closure money. . . Paul should be paid and some overtime for his people.. COUNCILMAN TUCKER-Landfill: Jim is out cleaning the roads he has the Warren County Summer Youth Program, working in the West end, Pilot Knob Road and Ridge Road. . . the County pays the wages of these kids and Jim furnishes the truck and foreman, that comes out of his fund to pickup the roads. 5.0 OPEN FORUM-RESOLUTIONS MS. BARBARA BENNETT-Resolution 6.3 Questioned what it was? WATER SUPT. RALPH VANDUSEN-The line item in our budget that is used for the water district to pay taxes back to the water district was insufficient to cover the expenses this year. . . there was surplus money in the account for Deputy Supt. ... MS. BENNETT -The Highway Supt. you want to change him from elected to appointed? SUPERVISOR CHAMPAGNE-We are setting a public hearing so that we can hear from the public on August 3rd. MS. BENNETT -Questioned if it was to be voted on that night? SUPERVISOR CHAMPAGNE-Not necessarily. MS. BENNETT -Questioned if this can be done without referring it to us? How did he get elected in the first place? COUNCILMAN TURNER-Noted there was never an appointed Highway Supt. he was always elected... State law made him elected... MS. BENNETT -Questioned how the town board can change it? COUNCIMLAN TUCKER-The law allows us to change it if the people want it changed. COUNCILMAN MERRILL-It will have to go to referendum. MS. BENNETT -Re: Town Board terms. COUNCILMAN MERRILL-This will also go to referendurn. This is a hearing to see if we want to put it on the ballot this fall. MR. JOHN SALVADOR-RES. 6.1 re: Jim Girard Landscape Maintenance - questioned what Complete means? Why wasn't this completed under the original contract? RECREATION DIRECTOR HARRY HANSEN-Noted there is a scope of work ..the original contractor failed to do the work.. SUPERVISOR CHAMPAGNE-The retainage will be kept and used to complete the project, there is more than needed in retainage to finish the project.. .$11,000. MR. SALVADOR-Questioned if the original contractor was removed from the site. COUNCILMAN TUCKER-He is not there. MR. SAL V ADOR-Re: 6.6 Questioned if this was a lot of work? COUNCILMAN TURNER-It is a couple of hydrants. WATER SUPT. VANDUSEN-This is a standard resolution written by the State...the work involves relocation of either three or four hydrants to permit installation of a sidewalk along Rt. 9 between Sweet Road and 149. New York State will have a contractor do the work at no expense to the Town. MR. JEREMY HAMMOND-Spoke about the Hudson River Park. . . questioned if any rules have been set for the park? SUPERVISOR CHAMP AGNE- The park is not open yet... RECREATION DIRECTOR HANSEN-Noted signs will be placed at the park, indicating places to park and what they can do. . . when the park is opened. MR. SALVADOR-Spoke about the Hudson River Park, no one should be using it until the work is completed. SUPERVISOR CHAMPAGNE-We will take a look at that. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPE MAINTENNANCE CORPORATION TO COMPLETE SITE WORK AT THE HUDSON RIVER PARK RESOLUTION NO. 276.98 MOTION WITHDRAWN INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill Discussion held: Councilman Tucker-Noted the other member of the recreation committee and myself would like to meet with the Recreation Commission before action is taken on this resolution. Councilman Turner and Councilman Merrill withdrew their motion. . . August 7th the Commission will meet. . . RESOLUTION AUTHORIZING HAROLD HANSEN TO CARRY OVER VACATION TIME RESOLUTION NO.: 276. 1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Harold Hansen, Director of Parks and Recreation, has requested that he be allowed to carry over up to ten vacation days past his hiring anniversary date, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes Harold Hansen to carry over up to ten vacation days past his hiring anniversary date, such vacation days to be utilized prior to December 31,1998. Duly adopted this 20th day of July, 1998 by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish Discussion held before vote: Board members unanimously requested that the resolution to changed to say "up to ten days" ... RESOLUTION TO AMEND 1998 BUDGET RESOLUTION NO.: 277. 1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, certain Town Departments have requested fund transfers for the 1998 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the funds be transferred and the 1998 Town Budget be amended as follows: WATER DEPARTMENT: FROM: TO: $ AMOUNT: 40-8310-1500 (Deputy Water Supt.) 40-1950-4400 (Property Taxes) $ 1,535. Duly adopted this 20th of July, 1998, by the following vote: AYES : Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION RESCINDING RESOLUTIONS 199 AND 203 OF 1998 FOR ENGINEERING AND SURVEYING SERVICES RESOLUTION NO.: 278.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, the Town Board of the Town of Queensbury previously adopted Resolutions #199 and #203 of 1998 which Resolutions engaged the services of Nace Engineering, P.c. for general engineering services and VanDusen and Steves, Land Surveyors for general surveying services respectively, and WHEREAS, the Town Board of the Town of Queensbury wishes to rescind these two Resolutions and instead engage these firms or any other firms for these services on a "project by project" basis, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby rescinds Resolutions #199 and #203 of 1998. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ENGAGEMENT OF VOLLMER ASSOCIATES FOR DEVELOPMENT AND IMPLEMENT A TION OF A TIMING-BASED SIGNAL COORDINATION PROGRAM FOR TRAFFIC SIGNALS ON QUAKER ROAD RESOLUTION NO.: 279.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the Advisory Committee for the Quaker Road Signal Coordination Project (the "Committee") recently solicited proposals from professional engineering firms for the purpose of developing and implementing a timing based signal coordination program for the traffic signals on Quaker Road in the Town of Queensbury, and WHEREAS, Christopher Round, Executive Director of Community Development and a member of the Committee, has advised the Queensbury Town Board that the Committee received and reviewed proposals and the Committee is now requesting authorization from the Warren County Board of Supervisors and Queensbury Town Board to engage the services of Vollmer Associates for a total amount of $43,950 with the County and Town each paying 50% of the total cost, or $21,975, and WHEREAS, Mr. Round has advised the Town Board that the Warren County Attorney will prepare an Intermunicipal Agreement for the program, said Agreement also to be in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs engagement of Vollmer Associates to develop and implement a timing based signal coordination program for the traffic signals on Quaker Road in the Town of Queensbury for a total amount of $43,950, with the understanding that Warren County and the Town of Queensbury will each pay 50% of the total cost or $21,975, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor to execute an Intermunicipal Agreement and any other forms or agreements in form approved by Town Counsel necessary to effectuate this Resolution. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION APPROVING RELOCATION AND REPLACEMENT OF WATER MAINS ALONG US. ROUTE 9 FROM SWEET ROAD TO ROUTE 149 AND AUTHORIZING MAINTENANCE OF THE RELOCATED AND REPLACED WATER MAINS BY THE TOWN OF QUEENSBURY RESOLUTION NO.: 280. 1998 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Pliney Tucker WHEREAS, the New York State Department of Transportation has planned a construction project identified by the State as: "US. Route 9: Sweet Road to Route 149, Town of Queensbury, Warren County," (the "Project"), and WHEREAS, as part of this construction, reconstruction and/or improvement Project, the State plans to construct, relocate and/or replace water main utilities and existing water mains along this portion of US. Route 9 pursuant to ~1O, Subdivision 24 of the State Highway Law, as shown on the Project's contract plans, and WHEREAS, Ralph VanDusen, Town Water Superintendent, has recommended that the Town Board of the Town of Queensbury adopt a Resolution approving the Project as the Project will have only a minor impact on the Town's existing water system, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the municipal utility project proposed by the New York State Department of Transportation known as "US. Route 9: Sweet Road to Route 149, Town of Queensbury, Warren County" to construct, relocate and/or replace water main utilities and existing water mains as more specifically described on the Project contract plans, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to maintain or cause to be maintained the relocated and replaced water mains and utilities described above and on the Project contract plans, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to transmit five (5) certified copies of this Town Board Resolution to the New York State Department of Transportation. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "HIGHWAY SUPERINTENDENT" RESOLUTION NO. 281.1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No.: _ of 1998 to Amend the Code of the Town of Queensbury by adding a new Chapter _ entitled, "Highway Superintendent," which Chapter shall provide for the changing from an elected Highway Superintendent to a Highway Superintendent appointed by the Town Board, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m. on August 3rd, 1998, to consider proposed Local Law No.: _ of 1998 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No.: _ of 1998 in the manner provided by law. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Champagne NOES Mr. Turner ABSENT Mr. Irish LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY TO ADD A NEW CHAPTER ENTITLED, "HIGHWAY SUPERINTENDENT." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. as follows: The Code of the Town of Queensbury is hereby amended by adding a new Chapter _ ~ -1. Title. This Chapter shall be titled "Highway Superintendent." ~ -2. Purpose. The purpose of this Chapter is to abolish the position of elected Highway Superintendent and create the position of an appointed Highway Superintendent appointed by the Town Board. ~_-3.Statutory Authority. This Chapter is authorized by ~1O of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law. ~_ -4. Highway Superintendent. The position of elected Highway Superintendent in the Town of Queensbury is abolished as of December 31, 1999. Beginning January 1, 2000, the Highway Superintendent shall be appointed by the Town Board. SECTION 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provisions and all other provisions shall remain in full force and effect. SECTION 3. Effective Date. This Local Law is subject to a mandatory referendum at the November 1998 general election. If approved by referendum, then this Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in ~23 and ~27 of the New York State Municipal Home Rule Law. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "TERMS OF OFFICE FOR TOWN BOARD MEMBERS" RESOLUTION NO. 282. 1998 INTRODUCED BY: Mr. Fred Champagne WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No.: _ of 1998 to amend the Code of the Town of Queensbury by adding a new Chapter _ entitled, "Terms of Office for Town Board Members," which Chapter shall provide for the extension of terms of office for Queensbury Town Board members from two (2) years in duration to four (4) years in duration, the four (4) year terms to be effective for Town Board members elected in November, 1999, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m. on August 3rd, 1998, to consider proposed Local Law No.: _ of 1998 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No.: _ of 1998 in the manner provided by law. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT Mr. Irish DISCUSSION HELD BEFORE VOTE: COUNCILMAN TUCKER-I want to make a comment first and this is just laying ground work for some thing else that is going to be coming along, this was on our survey in our Town paper and it got defeated I just want to make that point. COUNCILMAN TUCKER-Like Pliney said we had ninety eight people on a survey and it was split down the middle pretty much so I think I will vote for the public hearing and I will hear what they have to say then. LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY TO ADD A NEW CHAPTER ENTITLED, "TERMS OF OFFICE FOR TOWN BOARD MEMBERS." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. as follows: The Code of the Town of Queensbury is hereby amended by adding a new Chapter _ ~ -1. Title. This Chapter shall be titled "Terms of Office for Town Board Members." ~ -2. Purpose. The purpose of this Chapter is to provide for the extension of terms of office for Queensbury Town Board members from two (2) years in duration to four (4) years in duration, the four (4) year terms to be effective for Town Board members elected in November, 1999. ~_-3.Statutory Authority. This Chapter is authorized by ~1O of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law. ~ -4.Terms of Office for Town Board Members. The terms of office for Town Board members shall be four (4) years in duration, effective for Town Board members elected in November, 1999. SECTION 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provisions and all other provisions shall remain in full force and effect. SECTION 3. Effective Date. This Local Law is subject to a mandatory referendum at the November 1998 general election. If approved by referendum, then this Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in ~23 and ~27 of the New York Municipal Home Rule Law. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY ADDING A NEW CHAPTER ENTITLED, "TERM OF OFFICE FOR TOWN CLERK" RESOLUTION NO. 283.98 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No.: _ of 1998 to amend the Code of the Town of Queensbury by adding a new Chapter _ entitled, "Term of Office for Town Clerk," which Chapter shall provide for the extension of the term of office for the Queensbury Town Clerk from two (2) years in duration to four (4) years in duration, the four (4) year term to be effective for the Town Clerk elected in November, 1999, and WHEREAS, such legislation is authorized pursuant to ~ 10 of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York at 7:00 p.m. on August 3rd, 1998, to consider proposed Local Law No.: _ of 1998 and to hear all persons interested on the subject matter thereof concerning the same to take such action thereon as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby directed to publish and post the notice that has also been presented at this meeting concerning the proposed Local Law No.: _ of 1998 in the manner provided by law. Duly adopted this 20th day of July, 1998, by the following vote: AYES : Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES None ABSENT Mr. Irish LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY TO ADD A NEW CHAPTER ENTITLED, "TERM OF OFFICE FOR TOWN CLERK." BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. as follows: The Code of the Town of Queensbury is hereby amended by adding a new Chapter _ ~ -1. Title. This Chapter shall be titled "Term of Office for Town Clerk." ~ -2. Purpose. The purpose of this Chapter is to provide for the extension of the term of office for the Queensbury Town Clerk from two (2) years in duration to four (4) years in duration, the four (4) year term to be effective for the Town Clerk elected in November, 1999. ~_-3.Statutory Authority. This Chapter is authorized by ~1O of the New York State Municipal Home Rule Law and is subject to a mandatory referendum pursuant to ~23 of the Municipal Home Rule Law. ~ -4.Term of Office for Town Clerk. The term of office for the Town Clerk shall be four (4) years in duration, effective for the Town Clerk elected in November, 1999. SECTION 2. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provisions and all other provisions shall remain in full force and effect. SECTION 3. Effective Date. This Local Law is subject to a mandatory referendum at the November 1998 general election. If approved by referendum, then this Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in ~23 and ~27 of the New York State Municipal Home Rule Law. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _, 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING ARTICLE I OF CHAPTER 16 ENTITLED, "VOLUNTEER FIRE FIGHTER AWARDS" RESOLUTION NO. 284. 1998 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, Article I of Chapter 16 of the Code of the Town of Queensbury entitled, "Volunteer Fire Fighter Awards," provides a plan for the implementation of a Volunteer Fire Fighter Service Awards Program, and WHEREAS, it has been determined that Article I of Chapter 16 is not necessary for the implementation and administration of the Volunteer Fire Fighter Service Awards Program, and WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, a draft Local Law No.: _ of 1998 to amend the Code of the Town of Queensbury by repealing Article I of Chapter 16, and WHEREAS, the implementation and administration of a Volunteer Fire Fighter Service Award Program is authorized pursuant to Article ll-A of the General Municipal Law and is subject to a mandatory referendum, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at 7:00 p.m., on August 17th, 1998, to consider proposed Local Law No.: _, 1998 and to hear all persons interested on the subject matter and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES None ABSENT: Mr. Irish LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF QUEENSBURY BY REPEALING ARTICLE I OF CHAPTER 16 ENTITLED, "VOLUNTEER FIRE FIGHTER AWARDS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Purpose. Article I of Chapter 16 of the Code of the Town of Queensbury, "Volunteer Fire Fighter Awards," provides a plan for the administration of a Volunteer Fire Fighter Service Award Prograrn. However, it has been determined that Article I of Chapter 16 is not necessary for the administration and implementation of the Award Program and that repeal of Article I of Chapter 16 will make it easier and less cumbersome to adopt and implement amendments to the Award Program. Therefore, the purpose of this Local Law is to repeal Article I of Chapter 16. SECTION 2. Statutory Authority. This Local Law is authorized by ~1O of the New York Municipal Home Rule Law and Article 11- A of the General Municipal Law and is subject to a mandatory referendum pursuant to Article ll-A of the General Municipal Law. SECTION 3. The Code of the Town of Queensbury is hereby amended by repealing Article I of Chapter 16 thereof, entitled, "Volunteer Fire Fighter Awards." SECTION 4. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provisions and all other provisions shall remain in full force and effect. SECTION 5. Effective Date. This Local Law is subject to a mandatory referendum at the November 1998 general election. If approved by referendum, then this Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in ~23 and ~27 of the New York State Municipal Home Rule Law. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 1998 TO AMEND CHAPTER 179 OF THE QUEENSBURY TOWN CODE WNTITLED, "ZONING," SECTION '79-7 THEREOF, ENTITLED "DEFINITIONS AND WORD USAGE" AND SECTION 179-73.1 ENTITLED" TELECOMMUNICATIONS TOWERS" RESOLUTION NO.: 285.1998 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Merrill WHEREAS, at this meeting there has been presented for adoption by the Town Board of the Town of Queensbury, proposed Local Law No.: _ of 1998 to amend Chapter 179 of the Code of the Town of Queensbury entitled "Zoning," to amend ~ 179-7 thereof entitled, "Definitions and Word Usage" to add two definitions concerning telecommunication towers and to amend ~ 179-73.1 entitled, "Telecommunication Towers," to include a new provision for Zoning Administrator approval for shared use (co-location) of existing towers and outlining the administrative approval process, and WHEREAS, such legislation is authorized pursuant to the ~ 10 of the New York State Municipal Home Rule Law and Article 16 of the New York State Town Law, and WHEREAS, prior to adoption of said Local Law, it is necessary to conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7 :00 p.m. on August 17th, 1998 to consider the proposed Local Law No.: _ of 1998, hear all interested persons and take such action as is required or authorized by law, and BE IT FURTHER, RESOLVED AND ORDERED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. Duly adopted this 20th day of July, 1998, by the following vote: AYES Mr. Turner, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES None ABSENT: Mr. Irish DISCUSSION HELD BEFORE VOTE: Supervisor Champagne-What this is really about is so we can have co-existing communication satellites on the same tower. TOWN OF QUEENSBURY LOCAL LAW NO.: OF 1998 A LOCAL LAW TO AMEND CHAPTER 179 OF THE QUEENSBURY TOWN CODE ENTITLED, "ZONING" SECTION 179-7 THEREOF, ENTITLED, "DEFINITIONS AND WORD USAGE" AND SECTION 179- 73.1 ENTITLED "TELECOMMUNICATION TOWERS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 179, ~179-7 of the Code of the Town of Queensbury, entitled "Definitions and Word Usage," is hereby amended to add the following definitions: EXISTING TALL STRUCTURE - A structure over 50 feet in height measured at its tallest point which is existing on the date an application for placement of telecommunication equipment is submitted. CO-LOCATION - The siting and/or mountain of multiple antennas used by the same wireless communications services provider or by two or more competing providers on the same telecommunication tower. SECTION 2. read as follows: Section 179-73.1 of the Code of the Town of Queensbury is hereby amended to A. Enabling Authority. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans consistent with Town Law ~274-a and ~274-b which concern the placement and operation of telecommunication towers. B. Definitions. Chapter 179, ~179-7 of the Code of the Town of Queensbury, entitled "Definitions and Word Usage," is hereby amended to add the following two definitions as follows: Telecommunication Tower: A structure on which transmitting and/or receiving antenna are located. Antenna: A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio navigation, radio, television, wireless and microwave communications. The frequency of these waves generally range from 10 hertz to 300,000 megahertz. B. Purpose. The purpose of this Local Law and supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Queensbury, to provide standards for the safe provision of telecommunications consistent with applicable Federal and State regulations and to protect the natural features and aesthetic character of the Town of Queensbury. These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations. C. Designated Areas. Placement of telecommunications towers is restricted to certain areas within the Town of Queensbury. These areas are as follows: In any Light Industrial and Heavy Industrial Zone and on any property where a telecommunication towers or other tall structures (structures over 50' in height) exists. D. Application of Regulations: I.No transmission telecommunication tower shall hereafter be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to serve as a telecommunication tower, except after issuance of a zoning permit as per pursuant to ~ l79-105A(3) and demonstration of conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations. I.These regulations shall apply to all property described in ~179-73.l and indicated on the Town Zoning Map. 2. Exceptions to these regulations are limited to (i) new uses which are accessory to residential uses, and (ii) lawful or approved uses existing prior to December 15, 1997, the original effective date of these the Town's telecommunication towers regulations. 3. Where these regulations conflict with other laws and regulations of the Town of Queensbury, the more restrictive shall apply, except for tower height restrictions which are governed by these standards. E. Administrative Review of Applications for Shared Use of Existing Towers. At all times, co-location on use of existing towers shall be preferred to shared use of other existing tall structures or construction of new towers. Applications involving only erection of additional antennas and related equipment on an existing telecommunications tower shall not be subject to site plan review or a public hearing provided the application complies with the terms and conditions described below. For purposes of this sub-section E, "existing telecommunications tower" or "existing tower" shall mean a telecommunications tower in existence at the time an application for co-location is submitted to the Zoning Administrator. 1. Application - An applicant proposing to share use of an existing telecommunication tower shall submit the following to the Zoning Administrator: [a. A complete site plan review application.] b. Appendix B). A completed Visual Environmental Assessment Form Addendum (6 NYCRR 617.20 c. Documentation of intent from the owner of the existing tower to allow shared use. d. An engineer's report certifying that the proposed co-location will not diminish the structural integrity and safety of the existing tower or explaining what modifications, if any, would be required in order to certify to the above. e. A copy of the Federal Communication Commission (FCC) license for operation of the new equipment. f. The appropriate fee, which shall be the same as the fee required for a site plan review application. 2. Review - Upon receipt of a complete application, the Zoning Administrator shall promptly forward a copy of the engineer's report to the Town Consulting Engineer and shall review the application to determine if the proposal complies with the following terms and conditions: a. The existing tower shall be in compliance with any and all approvals previously granted. b. The proposed co-location shall not increase the height of the existing tower. c. The proposed co-location shall not cause any portion of the resulting structure to extend into a required setback. d. If the engineer's report submitted as part of the application found that the proposed co-location could diminish the structural safety of the existing tower, the applicant shall submit a revised proposal which includes the modifications described in the engineer's report. e. The proposed co-location shall not include any additional accessory structure or expansion of any existing accessory structure. f. existing tower more than The proposed co-location shall not increase the number of antennas on the (CHRIS ROUND TO FILL IN). g. The proposed co-location shall not involve removal of any existing vegetation. h. The proposed co-location shall not involve construction of any additional roads or parking, widening of existing roads or expansion of existing parking. If the Zoning Administrator finds that the application demonstrates compliance with the standards listed above and the Town Consulting Engineer either agrees with the finding of the engineer's report that the proposed co-location will not diminish the safety of the existing tower or determines that the revised proposal includes the required modifications described by the engineer's report, then the Zoning Administrator shall approve the proposal and issue a zoning permit. If the Zoning Administrator finds that the application does not demonstrate compliance or if the Town Consulting Engineer disagrees with the finding of the engineer's report or determines that the modifications described in the engineer's report are not included in the revised proposal, then the Zoning Administrator shall notify the applicant of the deficiency. The applicant may then submit a revised proposal or submit the proposal to the Planning Board for site plan review as described in sub-sections F and G below for shared use of an existing tall structure. F. Site Plan Review. Site Plan Review pursuant to Article V of Chapter 179 of the Town Code shall be required for placement of any antenna in or on an existing tall structure other than an existing telecommunication tower and for any construction of a new tower. 1. Site Plan - In addition to the requirements of Article V of Section 179, the following shall apply: a.General Requirements: All site plan applications shall show all existing and proposed structures and improvements including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation of the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any land or vegetation clearing required. a. Visual Impact Assessment: All site plan applications, whether involving location shared use of on an existing tall structure tower or construction of a new tower, shall include a visual impact assessment. This assessment shall include: i.Pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to State highways and other major roads and State and local parks. i.Assessment of alternative visual impact of the facility/structure designs and color schemes. i.Assessment of visual impact of the facility/structure, accessory buildings and overhead utility lines from abutting properties and streets. i.A completed Visual Environmental Assessment Form Addendum (6 NYCRR 617.20, Appendix B) (Visual EAF). c. Landscaping Plan: All site plan applications shall include a plan illustrating size, type, placement and quantity of existing vegetation to remain as well as vegetation to be added. The final landscaping plan will become part of the approved site plan. All new plantings shall be planted by a date specified by the Planning Board. Existing on-site vegetation shall be preserved to the maximum extent possible and no cutting of trees exceeding four (4) inches in diameter (measured at a height of four (4) feet off the ground) shall take place prior to Site Plan approval. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. The landscaping plan shall include deciduous or evergreen tree plantings which may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least ten feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berrn. 2. In addition to any fees provided for by ~ 179-102 of the Town Code, the applicant shall be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or technical review provided that the fees or costs reflect the actual costs to the Planning Board. This fee shall not exceed One Thousand Dollars ($1,000) without the consent of the applicant. G. Standards for Placement. New or modified antenna or telecommunication towers shall be placed according to the following priority: first, shared use of co-location on an existing tower; or second, placement of antennas or other telecommunication equipment in or on an existing tall structure located on a lot within the areas listed in ~ l79-73.1D; second, third, placement in or on an existing tall structure not located within the areas listed in ~ l79-73.1D; fourth, placement of a new tower on a lot where a telecommunication tower already exists; third, and fifth, placement of a new tower on a lot within the areas listed in ~ 179-73 .1D. Where shared use of existing towers or structures is are not proposed, the applicant must provide documentation of the inability to utilize an existing tower or structure. 1. Co-Location on Existing Telecommunication Towers. - Co-location of telecommunication equipment on existing telecommunication towers shall be the preferred placement mode and may be reviewed pursuant to the administrative review procedure set forth in paragraph F above. At the option of the applicant, an application for co-location on an existing telecommunication tower may be reviewed as a shared use of an existing tall structure as provided in paragraph H(2) below. 1. Shared Use of Existing Towers or Tall Structures. At all times, shared use of existing tall structures (for example, municipal water towers, multi-story buildings) and existing or approved towers, shall be preferred to the construction of new towers. In addition to the requirements of G above, an applicant proposing to share use of an existing tower or other tall structure shall be required to submit: a.A complete site plan review application. a.Documentation of intent from the owner of the existing facility to allow shared use. a.An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure or explaining what modifications, if any, would be required in order to certify to the above. a.A copy of the Federal Communications Commission (FCC) license for operation of the new equipment. 3. New Telecommunication Towers on Lots Already Containing a Tower. Construction of a new telecommunication tower on a lot already containing a telecommunication tower shall be given second third priority after co-location on an to sharing existing tower and shared use of an existing or other tall structure (see ~ 179-73. IF). The Planning Board may consider a new telecommunication tower on a lot already containing a telecommunication tower when: a. The applicant documents that co-location on an existing telecommunication tower or shared use of an existing tall structure tower is not practical. i. The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved telecommunication towers within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. ii. The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved telecommunication tower. Such documentation shall include written requests for shared use, expenses for shared use and an explanation consist of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and expenses for shared use shall be provided. b. The applicant submits a copy of the Federal Communications Commission (FCC) license for operation of the new equipment. 4. New Telecommunication Towers on Lots Not Already Containing a Tower. Construction of a new telecommunication tower on a lot not already containing a telecommunication tower shall be given fourth third priority after co-location on to sharing existing towers, shared use of existing or other tall structures and construction of or constructing a tower on a lot already containing a tower (see ~ 179-73. IF). The Planning Board may consider a new telecommunication tower on a lot not already containing a telecommunication tower when: a.The applicant documents that co-location on shared use of an existing telecommunication tower, or shared use of an existing other tall structures and or locating a the tower on a lot already having a telecommunication tower is are not practical. i.The applicant shall submit a report locating and inventorying all existing tall structures and existing or approved telecommunication towers within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. ii. The applicant shall document good faith efforts to secure shared use from the owner of each existing tall structure, existing or approved telecommunication tower and or lot already containing a telecommunication tower. Such documentation shall include written requests to each owner, estimated expenses and an explanation consist of the physical, technical and/or financial reasons why co-location on an existing telecommunication tower, shared use of an existing tall structure or location on a lot already containing a tower is not practical in each case. Written requests and expenses from each owner shall be provided. b. The applicant submits a copy of the Federal Communications Commission (FCC) license for operation of the new equipment. H. Setbacks. Telecommunication towers and antenna shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on-site substantially all ice- fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property. Setbacks shall apply to all tower parts including guy wire anchors and to any accessory facilities. I. Access and Parking. A road and parking shall be provided to assure adequate emergency and services access. Maximum use of existing roads, public or private, shall be made. Road construction shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than ten feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. 1. New Telecommunication Tower Design. Alternative designs shall be considered for all new telecommunication towers, including lattice and single pole structures. The design of all proposed new telecommunication towers shall comply with the following: 1. Any new tower shall be designed to accommodate future shared use by other telecommunications providers. 1. The maximum height of any new tower shall not exceed that which is necessary to provide service. 1. The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower. 1. Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. 1. No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to, company name, phone numbers, banners and streamers. 1. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding treeline unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements whenever possible. . 1. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. K. Authority to Impose Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower site plan. L. Removal Upon Abandonment. The applicant shall submit to the Planning Board a letter of intent committing the tower owner of a telecommunication tower or antenna and his/her successors in interest, to notify the Zoning Administrator within thirty (30) days of the discontinuance of use of the tower or any antenna affixed to a tower or other tall structure. This letter shall be filed with the Zoning Administrator prior to issuance of a building permit (assuming the telecommunication tower application is approved according to this section). Obsolete or unused towers, antennas and accessory structures shall be removed from any site within four (4) months of such notification. Failure to notify and/or to remove the obsolete or unused tower, antenna or accessory structure in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article Xv. M. Intermunicipal Notification for New Towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing telecommunications tower or existing tall structure or lot containing an existing telecommunication tower in a neighboring municipality be considered for shared use and to assist in the continued development of County 911 Services, the Board shall require that: LAn applicant who proposes a new telecommunication tower shall notify in writing the legislative body of each municipality that borders the Town of Queensbury and the Director of Warren County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project including, but not limited to, the height of the tower and its capacity for future shared use. 1.Documentation of this notification shall be submitted to the Board at the time of application. 2. An applicant who proposes a new telecommunication tower within the Adirondack Park shall notify in writing the Adirondack Park Agency. Notification shall include the exact location of the proposed tower and a general description of the project including, but not limited to, the height of the tower and its capacity for future shared use. 3. application. Documentation of this notification shall be submitted to the Planning Board at the time of N. Public Hearing and Notification of Nearby Landowners. Except for applications for co-location on an existing telecommunication tower reviewed pursuant to sub-section F above, a public hearing shall be held for all applications for location of a telecommunication tower or antenna. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within five hundred (500) feet of the property line of the parcel on which a tower or antenna is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower or antenna would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Board prior to the public hearing. O. Maintenance and/or Escrow Account. Prior to approval of any application, the Planning Board, at its sole discretion, may require the applicant and/or the owner to establish, prior to approval of any application, a maintenance and/or escrow account in an amount sufficient to cover the technical review, installation, maintenance, construction and removal of said the proposed telecommunications tower or antenna during its lifetime. The amount required shall be determined at the sole discretion of the Board, based upon the unique characteristics of the tower [or antenna] and the site. The applicant and/or owner shall cooperate with the Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application. Cost estimates may be reviewed by the Town Consulting Engineer at the Planning Board's discretion. SECTION 3. Severability . If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 4. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in ~27 of the Municipal Home Rule Law. RESOLUTION AUTHORIZING ADDITION OF WOOD POLE AND SPAN OF WIRE NEAR STREET LIGHT POLE #27 ALONG BIG BOOM ROAD IN THE TOWN OF QUEENSBURY RESOLUTION NO. 286.98 MOTION WITHDRAWN INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill DISCUSSION HELD: Councilman Tucker-I had conversations with Mr. Osborne over this and Pole #27 is fifty seven dollars and seventy five cents per year and I am uncomfortable with it because we are requesting that we put a light there on pole #27, they can't do it because it is loaded yet they want us to pay fifty seven dollars and seventy five cents for an additional pole to put a light on it, I do think, it may be legal and all that but I do not think it is fair. Noted there are several like that in the Town. Requested that more research be done.. Mr. Tucker and Mr. Merrill withdrew their motion. 7.0 PLANNED DISCUSSIONS 71. OLD BUSINESS A. EFC FUNDING PRESENTATION CONTROLLER HESS-Introduced Rick McCarthy, President of Environmental Capital the town fiscal advisor relating to the water plant expansion project refinancing that is undergoing with EFC. MR. RICK MCCARTHY -Reviewed the financing program. . . (on file) Financing done thorough the New York State Environmental Facilities Corp. total financing $11,883,200 .. .EFC financing offers a 33% interest rate subsidy for qualifying projects. This financing is part of a new "Drinking Water" program and is part of the second pool done by EFC. Interest rate is at 3.547%. total savings to the town $1,478,121.95. Will close on the financing on July 30th. Noted that it had been a pleasure to work with the Town and especially Henry who kept the process moving along. SUPERVISOR CHAMPAGNE-Thanked all who participated in the project. B. COMPREHENSIVE LAND USE SCHEDULE DIRECTOR OF COMMUNITY DEVELOPMENT -CHRIS ROUND-Schedule: internal draft to be completed July 23rd. , draft to printer by the end of July, set a special informational meeting on August 13th.. . afternoon hours and evening hours for residents to view the document and maps... short presentation at each session.. . requested that the Town Board Members attend the sessions. If additional information meetings are necessary they will be held. . .. will be advertised in the newspaper. . . C. CURTIS LUMBER COMPANY STOP SIGNS SUPERVISOR CHAMPAGNE-We pulled the resolution last time, there are concerns whether we should get into the business of putting stop signs on businesses, I have a problem with that, if you start putting stop signs in businesses you will be inundated with those kinds of requests, I would vote against that. . . COUNCILMAN TUCKER-I agree with you. Board members all agreed not to place stop signs on private property. D. CRONIN ROAD DRAINAGE UPDATE COUNCILMAN TURNER-As an update, VanDusen and Steves are working on it. Will pursue that. E. HALFWAY BROOK TRIBUTARY CLEANING UPDATE COUNCILMAN TURNER-We have permission from two of the landowners on the north side of Cronin Road to go ahead with the project. We have permission from Mr. Ouderkerk, and we have received a letter from Regency Park they are reviewing the application. Project could be started now. . . SUPERVISOR CHAMPAGNE-Noted the work will be a JTP A project, we are working through the County Job Training Partnership Act... the county will be responsible DIRECTOR ROUND-Re: Soil and Water Conservation Service, receive their grant funding, there is a planning committee on the Half Way Brook Corridor that will dovetail nicely with that project. SUIPERVISOR CHAMPAGNE-One hundred and twenty thousand dollars to bring someone in here to study an dengineer it and then upon completion that is about a two year study and upon completion of that there could be some sizable funds for the improvement of Halfway Brook and some of the drainage problems that we are suffering. F. COUNTY ROAD PLOWING (Hold until later in the meeting. G. LAKE GOERGE PARK COMMUNICATION MEETING COUNCILMAN MERRILL-Reviewed the meeting held July 7th attended by the Lake George Park Commission about the Lake George Park Commission at the North Queensbury Fire House. Issues brought out: Appointment of Commission Members, length of their terms, need for town representation, recognition of the need for uniform lake wide regulations such as speed, concern about inconsistent enforcement of the rules and concern about jurisdiction on shore and land issues; a general feeling it should be town wide responsibility to administer landuse. Need to eliminate overlapping responsibilities. H. AMTEX PROPOSAL SUPERVISOR CHAMPAGNE-Performance appraisal program, work and updating on job descriptions, and look at the Town Assessor being shared with Glens Falls..services to be provided for $6,500. Plus mileage. Board agreed to have a contract ready for the next meeting. F. COUNTY ROAD PLOWING (Brought back before the Board) SUPERVISOR CHAMPAGNE-Requested the Councilman Turner contact the Highway Supt. on the status of doing some of the County roads. . . COUNCILMAN TURNER-If we do them I want to make sure we are covered.. . noted the proposal was less money than we talked about last time. LANDFILL-C&D SUPERVISOR CHAMP AGNE- There has been some discussion regarding a proposal of a C&D site at the Ridge Road, talked with Dave Mountpleasant and he has given me the names of some engineers that have done some work and made applications, he would like an engineer on staff before he would speak to the Board, ready to proceed ahead with the application. . . suggested that the work be bid out. . . COUNCILMAN TUCKER-Requested that this discussion be held at a workshop session with Matt Steves and Jim Coughlin in attendance. Board agreed... 7.3 NEW BUSINESS A. 1999 BUDGET DEVELOPMENT SCHEDULE CONTROLLER HESS-Presented to the board the 1999 Budget Schedule... (on file) Board agreed to schedule. B. EMPLOYMENT OF RELATIVES OF TOWN EMPLOYEES SUPERVISOR CHAMPAGNE-read the following: "In the event that an immediate family member of an existing Town employee seeks to become employed by the town, such employment must be approved by the Town Board. It shall be the responsibility of the appropriate Department Head, if the Department Head recommends such employment, to get final approval of such employment from the Town Board. Immediate family members of existing employees may only be hired after the Town and/or the Department Head have made all reasonable efforts to publicize the availability of the position, including appropriate advertising. For the purposes of this policy, immediate family member shall be defined as the parent, child, spouse or sibling of any existing Town employee. This policy shall apply to hiring of any and all part -time, temporary and/or full-time or permanent employees of the Town." Noted a question was raised regarding significant others? TOWN COUNSEL SCHACHNER-I do not feel that it is necessary nor do I think it is appropriate because how do you define it? SUPERVISOR CHAMPAGNE-Requested a resolution on this to become part of the personnel Manuel. BOARD AGREED TO PROCEED. C. ZBA REQUEST FOR SET BACK PLOT SUREY BEFORE POURING CONCRETE Board agreed to have Community Development Director Chris Round prepare a resolution. D. NO DUMPING SIGNS AT TOWN LOT ON AVIATION ROAD AND HILLCREST DRIVE SUPERVISOR CHAMPAGNE-Noted that there has been dumping at the site of the Troopers Barracks ... COUNCILMAN TUCKER-Noted that this happens all over the town. BOARD AGREED TO PLACE SIGNS. E. LIGHT DUTY POLICY SUPERVISOR CHAMPAGNE-Will have a meeting with the Department Heads on their concerns, this could cut down on workmen's compo COUNCILMAN TURNER-Questioned some of the language, page 2 D.3. I do not think you can do that. SUPERVISOR CHAMPAGNE-The only reason for this is to reduce workmen's compensation to the Town. COUNCILMAN TURNER-Requested a survey of how many are out. COUNCILMAN TUCKER-Noted that an employee wanted to come back on light duty but there is no light duty policy. Employees wanted to come back on light duty so they could get time toward their retirement because when you are disability your pension time stops. SUPERVISOR CHAMPAGNE-Will wait for Department Head comments. 8.0 TOWN BOARD WORKSHOP CONTROLLER HESS-Received the 1997 Financial Reports, there are no surprises there the town is financially healthy and operating soundly, there are no significant comments. (copies given to the Town Board) 9.0 ATTORNEY MATTERS Town Counsel requested one matter for executive session. 10.0 OPEN FORUM MR. JEREMY HAMMOND-Noted that his grandfather wanted the Town Board to know that he loved the Town Newspaper... Thanked Mike Klein on the layout of the photos on the web page, would like to see something about the schooL.. Working on a project for a web page on the Town and School Board.. . Keep the public informed. SUPERVISOR CHAMPAGNE-Requested that Mr. Hammond contact his grandfather and see if he would write something up noting his approval of this newspaper, we will put it in the next issue. MR. JOHN SAL V ADOR-Re: North Queensbury Meeting on the Lake George Park Commission noted a couple of things have happened since the meeting 1. Mr. DeSantis announced that the Park Commission could be a little more understanding and pattern the variance procedure like the towns. 2. Town of Hague passed a resolution opposing the LGPC they want to bring this before the Warren County Board. . . this is the approach the Town of Queensbury should take. Reviewed Article 9 of the New York State Constitution.. . MS. MAGGIE STEWART-Member of the Lake George Park Commission - Brought the Board up to date on June 30th meeting.. . variance standards, we have a use variance, started a rule making process on Nov. 1 1998 to change the variance standards... also spoke about lake level ... accepted a final generic environmental impact statement for the storm water management program.. .re: marina and dock actions, voted to require an environmental impact statement to be prepared before considering the plan by lake George village Restaurant. To convert docks to a boat rental, para-sail and PWC marina... will meet with the Village of Lake George to discuss this. . . Town of Hague will be meeting with the Park Commission, we are in discussion...Town of Bolton and the Park Commission have met, we seem to have come to a meeting of the minds.. .at the meeting (North Qsby. Fire House) complaints seemed to be personal, not what is good or bad for the lake. . . I do feel we need better enforcement and more boats on the lake. Next Commission meeting July 29th at 10:00 am. here in Queensbury, law enforcement meets at 9:00a.m. SUPERVISOR CHAMPAGNE-Noted that there seems to be more listening going on, we need to build a better communications system here. COUNCILMAN MERRILL-I think your presentation is a big help and I hope that you will be a regular here, keep us up to date. SUPERVISOR CHAMPAGNE-If you would like a spot on the agenda just give us a call. MRS. BARBARA BENNETT -Since the State made the Highway Supt. job elective and you send it to referendum assuming the voters approve changing it to appointed will you then send the results of the election back to the State and wait for their stamp of approval? SUPERVISOR CHAMPAGNE-Once the referendum is voted to have an appointed Superintendent of Highways that would be forever until some other referendum comes along to change it, if that is possible and I do not know that. Legally we have the privilege and the right as a Board to move it to a public hearing and some of the public have been asking for this and we will see where it goes. MRS. BENNETT-When was the last time the town was re-assessed? COUNCILMAN TUCKER-1993 MRS. BENNETT -You are saying it is going to be done in a couple of years? SUPERVISOR CHAMPAGNE-All we are saying is that we are going to hire a part time data collector to do North Queensbury. MRS. BENNETT -Last time they botched the job, spoke about her own property... the assessors were out of the Capital Dist., the Capital Dist. is not the same economy as here... SUPERVISOR CHAMPAGNE-It would be my hope that if we do a re-assessment it be done internally. MRS. BENNETT-Suggested that we use assessors from Warren or Washington County... MR. TIM BREWER-Candlebury Drive - I asked for the result of the survey, it was 47 to 43 that the people did not want it.. . how important of an issue is it. COUNCILMAN MERRILL-No decision has been made we are opening it up to public comment. MR. BREWER-For what reason? COUNCILMAN MERRILL-Because some of the public has asked for it. MR. BREWER-A petition was brought up to the Town Board not necessarily this town board but there were members on this Town Board with four hundred and some odd names on it and this Town Board said it was not a legal petition so we are not going to do that. You have two different sets of standards you are saying forty seven people want to do something so lets do it but four hundred people want to do something and you say to hell with it. I do not think that is fair. COUNCILMAN TUCKER-What do you think we are doing illegal by bring this to a referendum. MR. BREWER-I did not say you were doing anything illegal, I am saying I was told that I was doing something illegal when I brought a petition with four hundred names on it and you personally said it was illegal because the document was not quite like the petition legally. COUNCILMAN TUCKER-I said it was not legal because you had people outside of Queensbury on the petition. . .. SUPERVISOR CHAMP AGNE- W e have a public hearing that is coming up. . . MR. SAL V ADOR-Re: Data Collector We see in the paper advertisements for Lake George Dunhams Bay 3 Cabins large home.. . rentals. .. these people do not operate under any kind oflegal entity, the Health Dept. , the Park Commission, the Town. We have the rental of residentially zoned property for commercial purposes. When you are doing weekly rentals you are in my business. I think that there is a zoning law against that... .Bay Road Sewer Corridor.. . received from the Town all the engineering reports that have been done on that ..O'Brien and Gere most recent report August 26, 1994 in which they show a phase I project up to Walker Lane would cost 2 million dollars that was considered to be not economically feasible. Noted ACC has not tied into the Meadowbrook Road Sewer Line... SUPERVISOR CHAMPAGNE-DEC has been very strongly pushing to have this occur. MR. SALVADOR-Discussed the report regarding rock excavation.. . being 20% of the construction cost of the project. . . spoke about dewatering at 15% of the construction cost. . . noted that the cost of these two items can be circumvented... SUPERVISOR CHAMPAGNE-We will take a look at it. COUNCILMAN TURNER-That two million dollars was to cover a much larger area... WARREN COUNTY SUPERVISOR DENNIS BROWER-Questioned if the pipe of rocks at the Hudson River Park was available? COUNCILMAN TUCKER-That belongs to the bridge people and is on Mr. DeSantis property. SUPERVISOR CHAMPAGNE-Noted there are rocks available it the Ridge road landfill site when they are declared surplus. . . MR. SAL V ADOR-Re: cleaning of Halfway Brook... noted he cleaned his own class A. Stream... SUPERVISOR CHAMPAGNE-Noted the town has a letter on file to go in the stream and do very light work... MR. SALVADOR-My point is this steam is not on public land, the stream through our property is maintained by us.. MR. JEREMY HAMMOND-Spoke about the Mill Stream... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 286.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Merrill RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Personnel, Litigation and Negotiations and Coles Woods. Duly adopted this 20th day of July, 1998 by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Irish RESOLUTION ADJOURNING MEETING RESOLUTION NO. 287.98 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Pliney Tucker RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its meeting. Duly adopted this 20th day of July, 1998 by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: Mr. Irish Respectfully submitted, Miss Darleen M. Dougher Town Clerk Queensbury