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2007-05-21 MTG22 1 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 TOWN BOARD MEETING MTG. #22 May 21, 2007 RES. 236-253 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER 1.0Presentation –Certificate of Appreciation Christopher Norton Supervisor Stec-Noted that Mr. Norton was not present will hold off on the presentation until Mr. Norton is present. 2.0Hearing 2.1Hearing-John Jarosz’s Application for Variance/Waiver Request from Sanitary Sewer Connection Requirement Concerning Gambles Bakery Property Located at 920 State Route 9 Supervisor Stec-We had set this a couple of weeks ago and we have done several of these over the last couple of years for the Route 9 Sewer District as businesses and other property owners tie in and look at their schedule and they try to pick the appropriate time. We have the ability to grant them a one year variance to delay their tie in and that is what this is about, as I have said always before they are still part of the district and they still pay as though they are connected to the district so there is not a financial burden on the district but there is certainly a timing advantage in a lot of these property cases. Mr. Jarosz is there anything you want to add to that? Mr. Jarosz-I am just asking for ninety days. Supervisor Stec-We will probably give you a year, that is our standard answer, but you think you only need ninety days so. Mr. Jarosz-By the end of the summer I hoping. Supervisor Stec-Any discussion by Town Board Members? (None) Hearing none I will close this hearing. RESOLUTION APPROVING JOHN JAROSZ’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE GAMBLES BAKERY PROPERTY LOCATED AT 920 STATE ROUTE 9 RESOLUTION NO.: 236, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary 2 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, John Jarosz applied to the Town Board for a variance/waiver from § Town Code 136-44 for an extension of the Town’s connection requirements to connect the Gambles Bakery property located at 920 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that he is obtaining a contractor to do the work and plans to connect to the Sewer District within 90 days and in the meantime the property has a properly functioning septic system, as more fully set forth in the Applicant’s application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on st Monday, May 21, 2007, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves John Jarosz’s application for a § variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers st required” and grants a one year extension of time or until May 21, 2008 in which to connect the Gambles Bakery property located at 920 State Route 9, Queensbury (Tax Map No.: 296.17-1-45) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, 3 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 3.0Correspondence 4.0Introduction Of Resolutions From the Floor None 5.0Privilege Of The Floor th Mr. John Salvador- 1. May 9 Crandall Library Meeting, no room on agenda for public comments, agenda done under the Board of Trustees of the Crandall Public Library not the Trustees of a District to which we pay taxes. Spoke of State Grant in the amount of $227,450. Trustee Caimano noted the money was in the bank. Contacted Assemblywomen’s Sayward local office and asked for a copy of the grant application there is none. Asked for evidence that they had received the money, there is none. This money is part of a State allocation to Libraries across the State it is a wish list. Asked that the Town Board find out if the money is in the bank. 2. Received Letter from Ms. Alter former Community Development Director indicating that a concern I had was being investigated, I have not received an answer, it was in regard to a speedies permit, wastewater Dunhams Bay Resort. Councilman Boor-Ms. Alter is no longer working for us, the Board has scheduled a meeting this Wednesday discussing how to move forward with that Department. Mr. Salvador-3. Presented photos to the Town Board at 192 Lake Parkway a septic disposal permit has been issued for the property and it has been issued for an alteration for a four bedroom unit. This is taking a system that was installed for a three bedrooms and we are altering it to accommodate four bedrooms. There is a violation of the spirit and intent of our wastewater code, the application is not complete. The application has two choices municipal or well the water is taken from the lake. It is not allowed to give residential building permits where the source of water is other than domestic or a proven well. 4. Requested a workshop on Crandall Library. Mr. Paul Schonewolf-239 Assembly Point Road Re: Fire Districts a. Councilman Strough, I read the articles about the fire districts in Rochester, the intent of that article was to talk about the competitive teams not about fire districts. Councilman Strough-It did talk about that but it also talked about many other things. I like to do research and find out as much as I can about a topic, I even advocated an article to the Post Star for a one district, district. I have changed my mind as I have done more research and I found out more about fire districts they are not what they appear to be. Mr. Schonewolf-b. Councilman Sanford, your analysis on your cost per call, there is no analysis on the effectiveness of a fire company that has anything to do with the cost per call. If a fire company did not have any calls they would be delighted. The number of calls means nothing. If you want to know the effectiveness of a fire company I will tell you. Fire Departments in the State of New York are evaluated by the Insurance Service 4 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 Organization, they are the ones that drive it they are the ones that tell us how good we are doing. Five criteria 1. Assessment of District 2. Location of the District and it geographic makeup 3. Man power and training 4. Apparatus available in the district 5. Municipal Water Supply Suggested that dry hydrants system be put in, in North Queensbury. The people in North Queensbury only have two problems, how much they pay for fire insurance and the fact that they over pay by almost a quarter million dollars in their fire tax which winds up in your district and others. Councilman Sanford-I was not talking effectiveness, I was talking efficiency. I took the number of calls that you went on EMS and FIRE, and divided it into the amount of money that we gave you for a budget. I also did it in terms of the audited expenses in both cases you were either the most expensive per call per capita or second most expensive per call per capita, I do not have the data in front of me. I made no other representations other than that. Mr. Schonewolf-The number of calls has nothing to do with the efficiency of the fire department. Councilman Strough-If putting more dry hydrants in North Lake George will help Lake George then we ought to get right on it. Supervisor Stec-They are not expensive we just need a plan, there is grant money available from Warren County Soil and Water and we need the Chief to give me a list of locations on property owners that would be willing to talk to us about it, the Chief knows this, the ball is in his court. Mr. Pliney Tucker-41 Division Road West Glens Falls EMS building is that within budget? Supervisor Stec-They have not asked us for anymore money, it is their project their budget. Mr. Tucker-Questioned the time of the Library Meeting. Supervisor Stec-four or four thirty. Councilman Sanford-This Wednesday they have a six o’clock ground breaking ceremony. Mr. Tucker-I would like to complement the City of Glens Falls on their Round About. Mr. Doug Auer-Questioned what the phone call was regarding the Soap Box Derby? Councilman Brewer-I had a conversation with Fran face to face, he had said they had gotten bed tax money previously and I said because of the situation you are in why aren’t you getting any this year? I initiated the contact with the Town Board and discussed it. Mr. Auer-I think that is illegal to do that ahead of time, you are looking for what a vote will be before venting this in public. Is that even legal? Supervisor Stec-That is completely legal. Mr. Auer-You as an elected official I have to say I can only characterize your actions as abhorrent as an elected official, I should think that Dan Stec as Town Supervisor would suggest that you take at the very least anger management or anger counseling. Mr. Scott Frasier-Route 9 L North Queensbury I found Mr. Brewer’s actions to be quite appropriate and good job Tim. 6.0Town Board Discussions 5 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 COUNCILMAN BOOR- 1. e-mail from Cleverdale a four yard dumpster has been left close to the road approximately a year will speak to the Highway Dept. tomorrow on that. 2. For you that have applications for zoning changes that have been in limbo for over two years, some of these not only complied with the former comprehensive land use plan and zoning but also lined up with what we believe the new plan will show. Res. 7.18 and 7.19 tonight will address two of those. I think several others will follow relatively quickly. 3. The Harrisena Church will be coming before us with a question in regard to zoning I want to help them out with this if I can. The Oneida Corners which includes the Grange a Church and the Warren County Historical Society Bldg. is going to be getting a distinct zoning, which will preserve its historical value, perhaps something similar for Harrisena Church property might be relevant. There maybe some other buildings in Town that have genuine historic value and I don’t want to leave them out of the formula when we do our CLUP. 4. The Town did receive a petition from North Queensbury to form a village which would be a combination of properties now currently in Queensbury and Fort Ann. We will review it for completeness although I think because of the way it was handled in the past I have to believe that they dotted all their I’s and crossed their T’s. This Board in the near future will be dealing with that application to form a village. Councilman Sanford-How does that tie into the fire district request? Councilman Boor-I cannot speak to what the intent is, I can tell the public that once a village is formed a fire district cannot be included partially or completely within that village, so it would have been beneficial for the fire district to have been formed first and then the village would be able to form without preventing North Queensbury Fire Dist. from coming later that is part of Article Eleven. COUNCILMAN SANFORD-1. I have been reading in the paper and I am concerned about the lack of accomplishments that has taken place on this Town Board and I think I speak for the entire Town Board in that I do not agree with that. Noted he met with a group of individuals from the Glen at Hiland Park and they were interested in issues being addressed by the Town, since the last election the Town has been addressing the following: 1. Increased concerns of development near wetlands, flood plains and controlling stormwater runoff 2. Need for wetland delineation of the Meadowbrook Corridor 3. Successful out come of preventing a Townhouse Development located on Bay Meadows Golf Course 4. Reviewed the evaluation on Meadowbrook, Garrison, North and Homer Avenue and the progress to replace the old culvert I believe two of the three commercial owners have agreed to move forward 5. Discussed the need to balance the concerns of residents with developers pushing for increased development on marginal lands, rapid growth, traffic, and school tax consequences of the growth and the need to preserve community character 6. Town finances with the support of certain Board Members the Town was able to save hundreds of thousands of dollars by re-evaluating health and P&C insurance arrangements as well as legal and engineering services. Many of these have not been reviewed for close to a decade 7. Discussed the two million dollar tax rebate 8. Discussed Fire Protection and importance of providing a safety net of protection to all the people of Queensbury 9. Addressed the need to move beyond the influence of special interests and that the Town has recently revised its Ethics Code 10. Since the last election the Town has been successful in preventing a hundred and seventy four apartment units from being constructed on property that was zoned PO and located on the corner of Bay and Blind Rock Road the applicant was highly politically connected. 11. Recreational Activities-need to determine decision criteria on how the town spends its Bed Tax Revenue. There is a desire for a walking lane along Meadowbrook Road, I support that proposition. In general the people were pleased with the progress and accomplishments that the Town has made since the last election. - COUNCILMAN JOHN STROUGH1. Memorial Day is Monday City of Glens Falls and Town of Queensbury The parade will begin in the City of Glens Falls at 10:00 A.M. preceding north up Glen Street to Crandall Park concluding with a remembrance ceremony. Grand Marshals – Sgt. Floyd Dumas and Lieutenant Robert Patch Key Note Speaker Stg. James Clark Theme – Preserving our Freedom Two Essay Winners 6 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 from Glens Falls High School and Queensbury High School will read with essays and there were also two winners of a poster contest. 2. Public Announcement – League of Women Voters is trying to make a come back in Warren County for more information contact Betty Monahan 3. Unveiling of the new Veterans Memorial Wall at the Peace and Victory Monument was on Saturday, very nice ceremony 4. Post Star Article –How a Community planned for High Tech Growth …the key is planning together all the municipalities, have to plan to maintain the quality of the community, noted bike trails was one of the key factors for enhancing quality of life. We have to start planning for growth of Luther Forest. 5. New York Fire Districts – articles from the computer, show that fire districts are not what they may appear to be, I know that North Queensbury would like to form a fire district and their arguments were kind of convincing until you start looking into it and then it starts to fall apart. We have five companies all part of one district. Noted that Governor Spitzer is looking into altering Fire Districts because there are some problems with fire districts. First Districts are responsible to only the five commissioners that run it and get elected into the position. Part of the problem is very few people vote in these elections. The more that I do research on fire districts the more I am discovering that you are opening a pandora’s box there are many communities that have gone to fire districts and are now regretting it. Only the New York State Legislature can undo it. Another Article – It said a lot of times the fire districts have done the opposite of consolidation, if we are advocating consolidating in terms of saving money fire districts do almost just the opposite. They add another layer of bureaucracy. We as the Town Board we control the costs of fire districts right now, we are responsible to you, if you do not like what we are doing you get to vote for us every two years. That means we have to answer to you. We do take a look at fire spending very seriously. We are doing a comprehensive analysis of our fire needs and we are also developing an apparatus assessment form to help us in making sure that when we buy an expensive apparatus that it is needed. I had the assessment department draw up all the exempted properties, fire protection exempted properties in the Town. Almost two hundred million dollars worth of fire protection exempted properties in the Town of Queensbury, which the vast majority is located in mid and southern Queensbury not in Northern Queensbury. There are a few in northern Queensbury don’t get me wrong but the lion share is elsewhere. If North Queensbury were to form it’s own fire district the airport, the municipal center and I could go on and on, it is more than the municipal center or the airport and North Queensbury if they form their own fire district wouldn’t have to pay for any of these fire exempt properties. That is great their taxes would go down but our taxes would go up. Now, North Queensbury helps to share that burden and I think that is right, I do not mind sharing my taxes that are created here and giving them a rebate on their County, most of those taxes are generated down here, I do not mind sharing, sharing is the name of the game. COUNCIMAN TIM BREWER-1. Re: Bike Trail We do have a bike trail planned and in process of our Main Street Corridor that hopefully will take us down to Feeder Canal which will take us down to the five combines. There are trails in our community and the Lake George Bike Trail as well and we are adding to them all the time. It is a very active sport in this area. 2. Ceremony for Armed Forces Day was held on May thth 19 at the Armory in Glens Falls … Every May 19 they want to continue to have this ceremony across the World in every time zone at 11:00 am trumpeters or buglers and wind instruments they will pay TAPS so that hopefully someday it will simultaneously connect. SUPERVISOR DANIEL STEC-1. Town Web site www.queensbury.net a lot of information on this site, minutes, agendas, etc. thanked Glens Falls National Bank and TV8 for televising our Town Board Meetings - 2. The Attorney for the East Lake George Village did serve at my office the petition and that copy went to the Town Clerk and is getting copied right now our Attorney will be looking at that. 7 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 3. Ceremony at Veterans Wall dedication over the weekend at Crandall Park it was wonderful to see that many people come out and respect our veterans and those that are currently serving. 4. Bouys are being placed in Lake George ... the location of placement is being worked on. 5. The Glen Lake Protective Association has been working with Councilman Boor and myself regarding a management district to take care of Glen Lake needs. Warren County Soil and Water along with the Town will be working on the Glen Lake out let dam. Noted there will also be a lot of stormwater work in the Glen Lake Area this year along with work on Route 9 that we received grant funding for, near the Enterprise Rental Car where Halfway Brook goes under Route 9, that is the single most polluted point source in Warren County, identified in a study and we are going to do a lot to help remedy that. 7.0RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE OFFICE OF REAL PROPERTY SERVICES IN CONNECTION WITH REAL PROPERTY TAX ADMINISTRATION TECHNOLOGY IMPROVEMENT GRANT PROGRAM RESOLUTION NO.: 237, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No. 414, 2006 the Queensbury Town Board authorized submission of an application for Real Property Tax Administration Technology Improvement Grant Program (RPTATIP) funds from the New York State Office of Real Property Services, in conjunction with the City of Glens Falls, to be used by the Town and City toward placing the Town and City’s assessment parcel level information and explanation of the assessment process on the respective Town and City websites, and WHEREAS, the grant application was submitted and the Town and City have been awarded the RPTATIP grant in the amount of $87,958.59, and WHEREAS, the City, as co-applicant, will be the entity receiving and administering such grant funds, and WHEREAS, the Town Board wishes to accept such grant funds and authorize execution of the RPTATIP Grant Acceptance Form and/or any necessary Grant Agreement and associated documentation and also authorize acceptance of the initial payment in the 8 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 amount of $39,478.94 to be used in accordance with the Grant Contract Appendix E, a copy of which is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $87,958.59 in Real Property Tax Administration Technology Improvement Grant Program (RPTATIP) funds from the New York State Office of Real Property Services, in conjunction with the City of Glens Falls, as set forth in the preambles above, and authorizes and directs the Town Supervisor and/or Town Assessor to execute the RPTATIP Grant Acceptance Form and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Town Board understands that the City of Glens Falls will receive and administer such grant funds on the City and Town’s behalf, all grant funds administered by the City will be in accordance with this Resolution and the City’s th Resolution of May 8, 2007, and all purchases made on the Town’s behalf will be made from such grant funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Fiscal Manager to take all other action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR SUPER SHOE RESOLUTION NO.: 238, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 9 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 WHEREAS, Super Shoe has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient th th merchant market from June 5through June 9, 2007 in the parking lot located at 1499 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2007 application depicts the same level of operations as approved with the applicant’s 2006 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Super Shoe (Applicant) to conduct a transient merchant market for 3-wheel conversions for motorcycles, in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Applicant must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 5 through June 9, 2007 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. The Applicant must comply with all regulations specified in Town Code §160-8. st Duly adopted this 21 day of May, 2007, by the following vote: 10 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CLAUDE WHITE AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. : 239, 2007 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. John Strough WHEREAS, the Town of Queensbury Landfill Equipment Operator has requested Town Board authorization to hire Claude White as a part-time Laborer to work at the Town Transfer Stations, and WHEREAS, funds for such position have been budgeted for in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th Landfill Equipment Operator to hire Claude White as a part-time Laborer effective May 8, 2007, and BE IT FURTHER, RESOLVED, that Mr. White shall be paid $12 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Landfill Equipment Operator and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of May, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough 11 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORER IN DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. :240, 2007 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Richard Sanford WHEREAS, the Town of Queensbury’s Facilities Manager has requested Town Board authorization to hire a temporary Laborer to work in the Building and Grounds Department until such time that a current employee who is out temporarily due to an unexpected illness, can return to work, WHEREAS, there are sufficient funds for such temporary position in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of a temporary Laborer to work in the Building and Grounds Department until such time as the Department’s full time employee returns to work, and BE IT FURTHER, RESOLVED, that such temporary Laborer shall be paid $12.00 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Fiscal Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. 12 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 Duly adopted this 21st day of May, 2007 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SCOTT JARVIS AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 241, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Highway Superintendent wishes to fill a vacant Motor Equipment Operator (MEO) position (due to the promotion of a former MEO), and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to an appointment, and WHEREAS, funds for such position have been budgeted for in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Scott Jarvis to the full-time Union position of Motor Equipment Operator (MEO) in the Town’s nd Highway Department effective on or about May 22, 2007, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Jarvis’ successful completion of a pre-employment physical as required by Town Policy, any applicable Civil Service requirements and an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Mr. Jarvis shall be paid the hourly rate for the MEO position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and 13 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or Town Fiscal Manager to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF MATTHEW FLEWELLING AS TEMPORARY LABORER IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :242, 2007 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Daniel Stec th WHEREAS, on April 16, 2007, by Resolution No.: 184, the Queensbury Town Board authorized the hiring of three (3) temporary Laborers to work for the summer for the Town’s Highway Department, and WHEREAS, funds for such positions have been budgeted for in the 2007 Town Budget, and WHEREAS, the Highway Superintendent has disclosed in writing to the Town Clerk and advised the Town Board that one of the three temporary Laborers is Matthew Flewelling, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Matthew Flewelling is the son of Richard Flewelling, an MEO in the Town Highway Department, 14 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Matthew Flewelling as a temporary Laborer to work approximately 18 weeks for the Town Highway Department commencing in May, 2007, and BE IT FURTHER, RESOLVED, that such temporary employee shall be paid $12 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Fiscal Manager and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN WATER DEPARTMENT RESOLUTION NO. :243, 2007 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire two (2) temporary Laborers to work during the summer for the Town’s Water Department, and 15 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 WHEREAS, funds for such positions have been budgeted for in the 2007 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Patrick Hughes and Justin Persutti as temporary Laborers to work during the summer for the Town Water Department commencing in May, 2007, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from Account No.: 40-8340-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Fiscal Manager and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION APPROVING REVISION TO LOAN AMOUNT IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM RESOLUTION NO.: 244, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and 16 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 WHEREAS, a single family property Case File # 5173 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, the Town of Queensbury has approved a HOME rehabilitation grant in the amount of twenty thousand dollars and no cents ($20,000.00), and a loan in the amount of two thousand five hundred seventy-five dollars and no cents ($2,575), and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is twenty three thousand six hundred fifty five dollars and no cents ($23,655.00) and is still the lowest acceptable cost, and WHEREAS, the owner has been approved to receive a grant for twenty thousand dollars and no cents ($20,000.00) through the HOME Program and is now eligible to receive three thousand six hundred fifty five dollars ($3,655.00) in a deferred loan through the Town Housing Rehabilitation Program, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a revised Loan for Case File #5173, Queensbury, New York, in the amount not to exceed three thousand six hundred fifty five dollars ($3,655.00) and authorizes and directs either the Town of Queensbury Town Supervisor or Executive Director of Community Development to execute a revised Loan Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Sanford-I support the grant programs they have been very helpful, however we made it clear that we wanted to keep within the thresholds that had been established this is a minor variance but since we made it clear this is the third or fourth one that we have had to deal with. Since it is a minor amount was due consideration given to going back to the homeowner and saying you are going to have to find the thousand dollars yourself rather than tacking it onto the loan. Maybe there is more of a commitment if there is some cost sharing on some of these rather than passing onto the Board. Councilman Brewer-I would think that probably that these loans were made on the idea that, that was all they could afford. Councilman Boor-On the revolving loan program is 17 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 there an amount in that, is that an actual account. Supervisor Stec-Yes. There is over a hundred thousand in the account. RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SUBMIT APPLICATION TO NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION 2007 EPF/2008 LWCF PARKS PROGRAM FOR DEVELOPMENT OF RUSH POND BICYCLE/PEDESTRIAN PATH RESOLUTION NO.: 245, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Comprehensive Land Use Plan, Open Space Vision and Plan, and Lakes to Locks Scenic Byway Program set forth publicly adopted goals and support for open space and recreational improvements, and WHEREAS, the Town of Queensbury wishes to submit an application for grant funds for the development of the Multi use Rush Pond Bicycle/Pedestrian Path in an amount not to exceed $500,000.00 from the New York State Office of Parks, Recreation & Historic Preservation, under the Environmental Protection Act of 1993 (EPF) and/or the Federal Land and Water Conservation Fund Act of 1965 (LWCF), and WHEREAS, it is also the Town’s responsibility to provide a dollar for dollar match for any EPF/LWCF funds received, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to file an application for funds from the New York State Office of Parks, Recreation & Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, or the Federal Land and Water Conservation Fund Act of 1965 in an amount not to exceed $500,000.00, and upon approval of such request, to enter into and execute a Project Agreement with the State for such financial assistance and if appropriate, a Conservation Easement/Preservation Covenant to the deed of the assisted property, and BE IT FURTHER, 18 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 RESOLVED, that the Town of Queensbury does hereby commit the matching funds to be raised from in-kind, land, non-cash donations of labor, materials, equipment, Town Force Account and general revenues of the Town and or other funding awards for Rush Pond Bicycle/Pedestrian Path development purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Senior Planner to take such other and further action necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY FRANK J. PARILLO RESOLUTION NO.: 246, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Frank J. Parillo previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the assessed value of property located on Route 9L, Dunham’s Bay (Tax Map No. 239.20-1-2) for the 2005 and 2006 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, the Lake George Central School District approves of the settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Frank J. Parillo, 19 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 concerning his property located on Route 9L, Dunham’s Bay (Tax Map No. 239.20-1-2) for the 2005 and 2006 assessment years in accordance with the following revised assessment value: Tax Year Current Assessment Revised Assessment 2005 $ 346,900.00 $ 261,400.00 2006 $ 346,900.00 $ 261,400.00 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Cooper Erving & Savage, LLP within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION RESCINDING RESOLUTION NO.: 195,2007 AND AUTHORIZING NEW SETTLEMENT TERMS CONCERNING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY WAL-MART RESOLUTION NO.: 247, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 20 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 th WHEREAS, on April 16, 2007, by Resolution No.: 195,2007, the Queensbury Town Board authorized settlement of pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years, and WHEREAS, since such time, there have been additional negotiations regarding the settlement and Town Counsel has advised that the settlement terms have changed, and WHEREAS, the Town Assessor has recommended such new settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that the proposed, new settlement terms are approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 195,2007 concerning settlement of pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years as follows. The two Petitions will be withdrawn with prejudice, provided that the assessment for the 2007 tax year be settled as follows: Tax Year Current Assessment Revised Assessment 2007 $ 12,788,000.00 $ 12,188,000.00 and BE IT FURTHER, RESOLVED, that the revised Assessment of $12,188,000 will remain in place throughout the next three (3) tax seasons (2007-2008, 2008-2009 and 2009-2010), on the 21 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 condition that there is no Town-wide re-evaluation and that there is no new construction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 “FIRE PREVENTION AND BUILDING CONSTRUCTION” RESOLUTION NO. 248, 2007 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.: ___ of 2007 to amend Queensbury Town Code Chapter 88 “Fire Prevention and Building Construction,” in accordance with recent changes to New York State Laws and Regulations related to the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the proposed action is a Type II action as set forth in 6 NYCRR 617.5(c)(19)- which provides that official acts of a ministerial nature, including the issuance of building permits, are predicated solely on the applicant's compliance or noncompliance with the relevant local building codes and as set forth in 6 NYCRR 22 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 617.5(c)(27) concerning adoption of regulations, policies, procedures and local legislative decisions in connection with any action on the Type II list, on which building permit review and issuance is listed as are local laws adopted concerning procedures for issuance and overseeing of such building permits, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th June 4, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. ___ of 2007 in the manner provided by law. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None Chapter 88 – Fire Prevention and Building Codes – June 2007 LOCAL LAW NO.: ___ OF 2007 A LOCAL LAW TO AMEND CHAPTER 88 “FIRE PREVENTION AND BUILDING CODE CONSTRUCTION” OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Intent. 23 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 This local law provides for updates and amendments to Chapter 88 of the Code of the Town of Queensbury, titled Fire Prevention and Building Code Construction. These updates are made in accordance with recent changes to New York State Laws and Regulations related to the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York (the Uniform Code). This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law and Chapter 88 of the Code of the Town of Queensbury. Section 2. Amendment to §88-3 of the Code of the Town of Queensbury. §88-3 shall now read: The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of the New York State Uniform Fire Prevention and Building and the State Energy Conservation Construction Code Code (henceforth collectively referred to as the "Building Code" or the “Uniform Code”), if any, and all subsequent amendments thereto. In the event of conflict between the Uniform Code and the Town Code, the more stringent standard shall apply. Section 3. Amendment to §88-7 of the Code of the Town of Queensbury. §88-7 shall now read: Director of Building and Code Enforcement. Except as otherwise provided by law, ordinance, rule or regulation, the Director of Building and Code Enforcement shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and receive, review, demolition of buildings, structures and appurtenances thereto, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications, and upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Temporary Certificates and Operating Permits, property 24 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law not specifically delegated as responsibilities of the Fire Marshal, except that the administration of the Zoning Ordinance shall be vested in the Zoning Administrator as herein provided. Further, the Director of Building and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under Town Law § 138. Section 4. Amendment to §88-8 of the Code of the Town of Queensbury. §88-8 shall be amended such that the current paragraph shall be subsection A, and new subsection B shall read: B. The chief of any fire department or volunteer fire company providing fire fighting services for a property within this Town shall promptly notify the Director of Building and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. Section 5. Amendment to §88-12(A) of the Code of the Town of Queensbury. The second sentence of §88-12(A) shall now read: In addition to the exemptions contained in 19 NYCRR §2103.3(a)(1), no permit shall be required for construction work which is not structural in nature and does not entail the installation of plumbing, heating or ventilation systems or components in addition to such systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as The exemption from the requirement to obtain a otherwise stated in this chapter. building permit for work in any category set forth herein shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. Section 6. Amendment to §88-12(B) of the Code of the Town of Queensbury. The following sentence shall be added after the first sentence in §88- 12(B): The forms shall require, at a minimum, that the following information be submitted: a description of the proposed work; the tax map number and the street address of the premises where the work is to be performed; the occupancy 25 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 classification of any affected building or structure; where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. Section 7. Amendment to §88-17(A) of the Code of the Town of Queensbury. §88-17(A) shall read: Fire Marshal Whenever the Director of Building and Code Enforcement, or Zoning Administrator has reasonable grounds to believe that the work on any building or structure is proceeding without a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or which fall under his respective jurisdiction, dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded. Section 8. Amendment to §88-17(B) of the Code of the Town of Queensbury. The following sentence shall be added after the last sentence of §88-17(B): The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator, as the case may be, shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, 26 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. Section 9. New §88-17(C) of the Code of the Town of Queensbury. There shall be a new §88-17(C) as follows: C. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision A or B of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. Section 10. Amendment to §88-18(A) of the Code of the Town of Queensbury. §88-18(A) shall read: A schedule of required inspections shall be made available to all applicants for which schedule shall require at a minimum, inspections upon the permits, following, where applicable: work site prior to the issuance of a Building Permit; footing and foundation; preparation for concrete slab; framing; plumbing, electrical and fire stopping, including underground and rough-in; fire resistant construction; fire resistant penetrations; solid fuel burning heating appliances, chimneys, flues or gas vents; Energy Code compliance; and a final inspection after all work authorized by the Building Permit has been completed, and at such other intervals as may be determined by the Director of Building and Code Enforcement and/or the Fire Marshal. Section 11. Amendment to §88-19(A) of the Code of the Town of Queensbury. §88-19(A) shall read: A certificate of occupancy shall be required for any building, structure or portion A certificate of occupancy shall include, at a thereof containing habitable space. minimum, the following: the Building Permit number, if any; the date of issuance of the Building Permit, if any; the name, address and tax map number of the property; if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate 27 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 of Occupancy is issued; the use and occupancy classification of the structure; the type of construction of the structure; the assembly occupant load of the structure, if any; if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; any special conditions imposed in connection with the issuance of the Building Permit; and the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance.” A certificate of compliance shall be required for any structure, building or portion thereof for which a certificate of occupancy is not provided. Section 12. New §88-23 of the Code of the Town of Queensbury. There shall be a new §88-23 as follows: §88-23 OPERATING PERMITS . A. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Queensbury. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. B. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Director of Building and Code 28 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 Enforcement and Fire Marshal . The application shall include such information as the Director of Building and Code Enforcement and Fire Marshal deems sufficient to permit a determination by the Code Enforcement and Fire Marshal that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Director of Building and Code Enforcement or Fire Marshal determine that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Director of Building and Code Enforcement or Fire Marshal , at the expense of the applicant. C. The Director of Building and Code Enforcement and/or the Fire Marshal or an inspector authorized by the Director of Building and Code Enforcement and/or the Fire Marshal shall inspect the subject premises prior to the issuance of an Operating Permit. D. In any circumstance in which more than one activity listed in subdivision (A) of this section is to be conducted at a location, the Director of Building and Code Enforcement and/or the Fire Marshal may require a separate Operating Permit for each such activity, or the Director of Building and Code Enforcement and/or the Fire Marshal may, in his or her discretion, issue a single Operating Permit to apply to all such activities. E. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued hereunder. An Operating Permit may be reissued or renewed upon application to the Director of Building and Code Enforcement and/or the Fire Marshal, payment of the applicable fee, and approval of such application by the Director of Building and Code Enforcement and/or the Fire Marshal. F. If the Director of Building and Code Enforcement and/or the Fire Marshal determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. G. The fee specified in or determined in accordance with the provisions set forth by resolution of the Town Board §88-14 of this Chapter must be paid at the time of submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. H. Nothing contained in this §88-23 shall be construed to authorize or permit an activity in a zoning district which is not authorized by Chapter 179 of the 29 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 Code of the Town of Queensbury, or any other applicable provision of the Code of the Town of Queensbury, or any other applicable local law, state or federal law or regulation. Section 13. New §88-24(D) of the Code of the Town of Queensbury. There shall be a new §88-24(D) as follows: D. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §88-17 (Stop Work Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in §88-17 (Stop Work Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law. Section 14. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 15. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. 30 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS TO QUEENSBURY CONSOLIDATED WATER DISTRICT – CONNECTOR ROAD WATER LINE RESOLUTION NO. 249, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by installing a new water main along a new Connector Road to be constructed between Luzerne Road and Main Street in the Town of Queensbury, which new water main will provide water service, fire protection and a redundant connection between the two existing 12” water lines on Main Street and Luzerne Road, all in accordance with Town Law Section 202-b, and WHEREAS, Barton & Loguidice, P.C., professional engineers, have prepared a Map and Plan concerning such proposed improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202- b(5), NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. The proposed improvements are: 31 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 (a)installation of approximately 1800 linear feet of new 8-inch ductile iron water main along the new Connector Road; and (b)installation of water valves at the connections to the existing water main. (c)installation of hydrants at approximately 800-foot intervals along the transmission mains. 2. The maximum amount proposed to be expended for such improvements is $121,200. 3. The cost of the improvements will be paid from the current funds in the 2007 operating budget of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one- or two- family home will not be increased. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, June 4, 2007 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. st Duly adopted this 21 day of June, 2007 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 32 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF MAY 21, 2007 RESOLUTION NO.: 250, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thnd presented as the Warrant with a run date of May 17, 2007 and a payment date of May 22, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thnd run date of May 17, 2007 and payment date of May 22, 2007 totaling $129,285.08, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES ON BAY ROAD FROM SINGLE FAMILY RESIDENTIAL ONE ACRE (SFR-1A) TO PROFESSIONAL OFFICE (PO) RESOLUTION NO.: 251, 2007 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request by Donna St. John to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 296.16-1- 33 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 13 located on Bay Road, Queensbury from Single Family Residential One Acre (SFR-1A) to Professional Office (PO), and WHEREAS, two properties immediately to the north of the referenced St. John property bearing Tax Map No.’s: 296-16-1-11 and 296.16.-1-12 are recommended by both the current 1998 Comprehensive Land Use Plan and the draft revised 2007 Comprehensive Land Use Plan for change of zoning to encourage office development, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, June 4, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties bearing Tax Map No’s: 296.16-1-11, 296.16-1-12, and 296.16-1-13 located on Bay Road, Queensbury would be rezoned from Single Family Residential One Acre (SFR-1A) to Professional Office (PO), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and 34 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES ON DIX AVENUE AND QUAKER ROAD FROM COMMERCIAL INDUSTRIAL ONE ACRE (CI-1A) TO HIGHWAY COMMERCIAL INTENSIVE (HC-INT) RESOLUTION NO.: 252, 2007 INTRODUCED BY : Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Warren Tire to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 303.19-1- 71 located on Dix Avenue and Quaker Road, Queensbury from Commercial Industrial One Acre (CI-1A) to Highway Commercial Intensive (HC-Int), and WHEREAS, two properties on the north side of the referenced property bearing Tax Map No.’s: 303.15-1-31 and 303.15-1-30 are surrounded on three sides by the subject property; and WHEREAS, the current 1998 Comprehensive Land Use Plan recommends large scale commercial uses in this neighborhood, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, in accordance with the recently adopted revised Town Ethics Code, elected Town Officials shall disclose campaign §14-5. Standards of conduct, “ contributions of $100 or more from a person or entity who is specifically and significantly affected, positively or adversely, by an action of the Town Board. 35 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 Such disclosure requirement applies to contributions made within the previous two years prior to the date of the relevant Town Board Resolution and shall be made through inclusion within the relevant Town Board Resolution ,” and the Town Supervisor has disclosed that Warren Tire contributed $500 to the Town Supervisor’s campaign fund in the summer of 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on th Monday, June 4, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties bearing Tax Map No’s: 303.19-1-71, 303.15-1-31 and 303.15-1-30 located on Dix Avenue and Quaker Road, Queensbury would be rezoned from Commercial Industrial One Acre (CI-1A) to Highway Commercial Intensive (HC-Int), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the proposed zoning change to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, 36 REGULAR TOWN BOARD MEETING 05-21-2007 MTG. #22 RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. st Duly adopted this 21 day of May, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 253, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. st Duly adopted this 21 day of May, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury