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2012-02-27 Mtg 5 TOWN BOARD MEETING MTG. #5 FEBRUARY 27, 2012 RES. 83-96 7:00 p.m. LL#3 TOWN BOARD MEMBERS PRESENT SUPERV ISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI-Absent COUNCILMAN JOHN STROUGH-Absent COUNCILMAN TIM BREWER Town Counsel Bob Hafner Zoning Administrator Craig Brown PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER Supervisor Stec-Councilman Strough and Montesi are absent this evening they are out of town. 1.0 PUBLIC HEARING-Proposed Local Law of 2012 Amending Chapter 179 "Zoning" Of Queensbury Town Code to: (1) Change Zoning Of Certain Properties From "MS" to "O" And From "MS" to "N*3)Add Funeral Home As Allowed Use With Site Plan Review IN Zone And (3) Revise Provision Relating to Alternate Members Of Planning Board and Zoning Board of Appeals NOTICE OF PUBLICATION DATED: 02-10-2012 Supervisor Stec-There are three items that we are covering, the.third one is one that has.previously been included in our Zoning Code but however in one of our revisions it somehow got removed, so we needed to re-instate that. That is the language concerning our local rules on alternates for the Zoning Board and Planning Board to allow them to sit not only in conflict of interest cases but also to cover absences. That used to be part of the code several years ago and then somehow in a recent version it got removed. So we are going to re-institute that. Adding Funeral Home as an allowed use in the Commercial Light Industrial Zone. The third one, there is a handful of roperties and when the notice goes out or it was referenced in the newspaper referring to Luzerne Road, Luzerne Road of course is a pretty len by road in the Town so immediately a lot of people wondering where onMerne Road are we talking about. This is the eastern most end of Luzerne Road down near the VFW and the fire house on the east end of the road that we are considering changing the zoning from Main Street Zoning to an Office Zoning Some of them from a Main Street Zoning to a Neighborhood Residential Zoning. I think not significant changes as far as the character of any of those zone classifications but that would be the purpose of our public hearing this evening. Following that if we are going to move forward we will need our Attorney to walk us through this SEQRA Form and we did refer this to the Planning Board for recommendation as is provided for us as an option to Town Board in our Code and they did pass a resolution at the Planning Board recommending that we move forward with these proposed changes as well. Craig correct me if IF am wrong but this was referred to all the agencies it needed to and those that we needed to Bear back from we have heard back from and we are clear to opt to act on this tonight if we choose. Craig Brown-Zoning Administrator-That is correct. Supervisor Stec-With that said the public hearing is open if there are any members of the public that would like to comment on this public hearing just raise your hand and I will call on people. When you get to the microphone if you would state your name and address for the purpose of tte record, these microphones not only amplify but they do record. Mr. Salvador, good evening. Mr. John Salvador-Good evening Thank you for the opportunity to appear before this Board. Supervisor Stec-You are welcome. Mr. John Salvador-My name is John Salvador and god willing tomorrow to the day my wife and I will become thirty nine year residents of the Town of Queensbury residin now at 37 Alexy Lane in Nord-i Queensbury. I would like to speak to t ie issue of alternate members in this public hearing. This public hearing is being held in an attempt to correct one of several deficiencies uncovered in the Town's Zoning Ordinance, Chapter 179. These deficiencies were brought to the attention of the Town's Planning and Zoning Staff during the administrative appeal process related to a boat dock, boat house permit on Dunhams Bay. The particular deficiency I brought to the towns attention was the failure of the Town Code to elaborate the basis upon which alternate members of both the Planning and the Zoning Boards are allowed to substitute for a regular members of these town established boards. Town Law with respect to the Town Boards grant of authority to a point alternate members to both the Planning and the Zoning Board of Appeals is very specific as to the circumstance which much prevail before an alternate member may substitute for a regular member. The New York State Legislature by enactment of Section 4 of Chapter 137 of its 1998 sessions laws, authorize an amendment to Section 271 by the addition of a new subdivision 15 for purposes of approving alternate members to the Town's Planning Board. The law clearly states that the sole purpose to be served b the creation of these alternate members positions is un-ambiguously that of substituting for a member in the event that such member is unable to participate because of a conflict of interest. The same chapter 137 of the 1998 session laws enacts a Section 3 amending Town Law Article 16 Section 267, by adding a new Subdivision 11 for purposes of appointing alternate members to the Zoning Board of Appeals. The proviso restricting the alternate members participation, " in the event of a regular members having a conflict of interest ", is clearly stipulated. Pursuant to the same Chapter 137 Section 3 and 4, and paragraph b, alternate members who participate for a regular member because of a conflict of interest does so at the discretion of the respective Board Chairman. As I mentioned to our Town Board, in your Town Board meeting of January 23", I was awaiting information from the Town Zoning Administrator Mr. Brown, to substantiate why an alternate member was being seated for reasons other than a Board Member having a conflict of interest. The short version had something to do with the Municipal Home Rule Law authorizin by local law the changing or substituting of a State Statute. Having not receive anything more.specific I decided to research the Municipal Home Rule Law myself in anticipation of this hearing. Section 2 of Section 22 excuse me Subsection 2 of Section 22 of the Municipal Home Rule Law states that no local law shall supersede any provision of a State Statue except as authorized by the Constitution this Chapter and any other State Statue. I assume they are referring to the Chapter 843 of the Laws of 1963 which put Section 22 in place. Of course the Constitution they are referring to is the New York State Constitution. A Local Law changing or superseding any provision of a State Statue must specify the legislature chapter that is referenced to the session laws intended to be changed or superseded. Amendments being proposed to Town Code Section 179 -16-060 for the Planning Board are outlined in Section 3 of the proposed Local Law. A new subsection to Section 179-16 -060 lettered A is a repeat of the entire Section 179-16-060 with the exception that the last sentence is bein proposed for permanent repeal. Subsection A fails to have a subsection title and ails to include subdivision review and approval as one of the Planning Boards matters of first jurisdiction. New Subsection approval to site the authority such as Town Law or Municipal Home Law for the Town to; 1. Be mandated to appoint alternate members to the Planning Board. State Law says you may appoint alternate members, there is no shall included. 2. To provide for alternate members of the Planning Board to substitute for any regular member for an appropriate factor such as illness, vacation, or other absences. Section 4 of the roposed Local Law deals with amendments to Section 179-16-070 of the pQueensbury Town Code Chapter 179 pertaining to alternate members of the Zoning Board of Appeals in a manner similar to those for the Planning Board, that is shall appoint rather than may appoint and serve in case of other appropriate factors such as illness, vacation, and other absences. Before I continue to address the effect of the Municipal Homes Rule Law on this proposed Local Law I want to address the Town's imposed rule that alternate members are to be compensated only when they are actually asked to serve on the Board. Considering that alternate members are required to prepare for the regular scheduled meetings and are required to be in attendance at a regular schedule meeting before they may even be considered for appointment as a regular board member I would recommend that alternate members be compensated in a manner, equal to a regular member simply for showing up for the meeting. In this matter of towns amending State Law by Local Law, the Attorney General has opined that towns may in fact use their authority under the Municipal Home Rule Law to amend or supersede the town law to expand the circumstances under which an alternate member may be appointed to serve on a Board providing they properly follow the applicable procedure of the Municipal Home Rule Law, Section 22 for amending or superseding the Town Law. Under Municipal Home Rule Law Section 22 the Local Law must specify provision of State Law that is being amended or superseded. Failure to adhere substantially to this requirement may affect the validity of the local law. The Attorney General footnotes his opinion with a 1989 New York State Court of Appeals decision caption ...v Town of York Town and sited as 74NY2nd423. The Court of Appeals ruled in a very lengthy decision that; 1. The towns authority to amend or supersede town law can be exercised only upon substantial adherence to procedures set forth in Municipal Home Rule Law requiring the municipality invoking its supersession authority to state its intention with deftness and explicitness. Further under Section 2 of this Section 22 a law that affects the State at large is not subject to change by Local Law. Town Law is known as a general law and affects the State at large. That is Town Law is a general law defined in Article 9 of the New York State Constitution. In addition the high court also opined that "Municipal Home Rule Law Section 10 ants every local government the power to adopt and amend local laws related to its property provided that they are not inconsistent with the provisions of the constitution or any general law. Further the power of local governments to enact legislation governing land use is circumscribed by the legislature, as the Court of Appeals has stated. `Towns and other municipal authorities have no inherent power to enact or enforce zoning or land use regulations, they exercise such authority solely by legislative grant and in the absence of legislative delegation of power their actions are ultra-virus and void. A local law may be struck down as inconstant with State Law if it is found that the local law permits an action specifically prohibited by the State Law. What is prohibited by State Law is the use of alternate members for reasons other than conflict of interest. This proposed Local Law should be held in abeyance and the public hearing held open until it has been amended to reflect the legislative authority granted to the Town and expressed in Town Law Section 271.15 for the Planning Board and Section 267-11 for the Zoning Board. Both sections of Town Law stipulate that alternate members may sit on the Board as regular members only in cases where a regular member has an expressed conflict of interest and then only when the Chairman of the respective board asked them to do so. Thank you. Supervisor Stec-Thank you. Is there anyone else that would like to comment on this public hearing? Anyone, Yes, Sir. Mr. Edward Hermance-Good evening, my name is Edward Hermance the III am the owner of the properties in discussion of lots number 209.7-1-15, 22 and 23, there are three separate lots there. I guess I would like to know why they want to change this from light industrial to residential? It has been light industrial for over ten years now, I have been paying taxes on that, and Supervisor Stec-We are not changing any properties from light industrial Mr. Hermance-I do not understand why it is going to be changed to residential though? Supervisor Stec-But, you said it was light industrial and we are not changing any properties. Mr. Hermance-What is the current zoning for that Sir? Councilman Brewer-I think the property that you are talking about is Main Street Zone, it is a new zone that we created a few years ago Supervisor Stec-It was never industrial, or it has not been industrial in years. Councilman Brewer-No, it is not light industrial. Changing from a Main Street Zone which was essentially for Main Street but we had to come back from Main Street to a certain point, and the point was the number of feet that we chose. We had some people come forward and asked to have it rezoned and we just took a block of properties that made sense to do it to and we are changing it to Office Zone. Which essentially permits almost everything that's in the Supervisor Stec-Main Street Councilman Brewer-I do not have the table with me Craig, do you have a table for Main Street. Craig Brown-Zoning Administrator — I don't but the particular parcel that Mr. Hermance is talking about are three small residential, well they are parcels adjacent to the neighborhood residential zone. It is basically your side yard and those two smaller parcels at the end of that little dead end street. So, the majority of that neighborhood is residential, it is zoned neighborhood residential so the thought was is to be consistent with those properties in their current use as residential to make it easier to expand on those with a residential use if you wanted to in the future. Councilman Brewer-Otherwise the way it is now you would not be able to build a home on that piece of property without all kinds of problems. Mr. Hermance-So, I guess that is the question that I needed to know, I do not know how it is going to affect my property in a negative way value? Councilman Brewer-It is going to be in a positive way I believe because the Main Street you would not be able to put a home on the lot, you would have certain setbacks, where if we change to Office those particular sets backs and regulations go away. So, you are more, it is easier to use your property I should say. Mr. Hermance-Ok, but it connects, I uess my question is, it connects to, my Grandfather has got a building in the front, it was a second hand store he had open for about fifty years. I did not know for future use if that is going to affect that part of the property in a negative way? Councilman Brewer-How would it affect it you mean? Mr. Hermance-It connects to those properties and I did not know if like to combine them into one I do not know if Councilman Brewer-You could still do that. Unknown-The Holden Avenue side connects with that. Mr. Hermance-Yes. Well, I guess.that is what I, I just wanted to make sure that it is not going to affect my pro erty in a negative way, value wise, tax wise, you know I did not know what it it was going to put more restrictions on what I could do? Councilman Brewer-It is going to be less restrictions. Mr. Hermance-Less restrictions? Councilman Brewer-In the sense that if you wanted to build a home you would be able to, there are other things you are able to do now that you would not be able to do previously. Mr. Hermance-Previously, what was the classification of that? Supervisor Stec-Main Street Councilman Brewer-It was Main Street zone. Mr. Hermance-It was just Main Street Zone it wasn't, because I thought all through Holden Avenue was like Light Industrial Zone. Councilman Brewer-It may have been at one time but since we re-did Supervisor Stec-But it has been five years, six years Councilman Brewer-the Zoning it was five years ago it has been changed. Unknown-All of Holden Avenue Supervisor Stec-No Councilman Brewer-Not all of Holden Avenue, no,just the pieces that Supervisor Stec-Main Street did not exist five years ago, Main Street Zoning did not exist five or six years ago that is fairly new zoning. Unknown-What I am talking about is the second hand store adjoins this piece of property the three small pieces but one of them is on Holden Avenue, connects to the Second Hand Store so is that going to affect that Second Hand Store in the future if we wanted to reopen? We just want to make sure that is part of that Councilman Brewer-Is the store open now? Mr. Hermance-It is not open now. Unknown-No, it isn't. Councilman Brewer-How long has it been closed? Unknown-It has been closed a number of years. Councilman Brewer-So, if you wanted to reopen that store you would have to go through Site Plan if I am not correct please let me know Crai but you would have to go through a Site.Plan and it would be I presume an allowed use in the zone that we are putting it to. Craig Brown Zoning Administrator Neighborhood Residential does not allow commercial uses. Councilman Brewer-Well it would not allow it now either would it? Craig Brown Zoning Administrator-Main Street does allow for some retail uses and office uses, I mean it is a relatively small parcel all three of them I guess that is why we thought it is probably more beneficial to the property owner to zone it to neighborhood residential since that is what your use is. Your house is on the next parcel to the north on Holden so I guess the thought was just make it all residential so it is easier for you to use it residentially. Under the current Main Street Zoning if you wanted to put an addition on say.the south side toward Luzerne Road you could not do that because the property is zoned Main Street and it does not allow residential uses. So, the thought was dust make it easier for you to use your property residentially. Mr. Hermance-Residentially, but what about if we decide to commercially, because next door as you know there is Adirondack P&M and I think there are other businesses right next door connected to these and with my father's store there I just didn't know in the future how that is going to affect if we decide to, because that has been like a dream that I wanted to do, you know. Craig Brown Zoning Administrator-It is probably impossible to speculate on what could happen and what could be approved on the property but if the zoning changes from the current Main Street to Neighborhood Residential the ability to do commercial, retail, office, would not be an easy thin to do if you kept it as Main Street or change it to the Office Zone like the rest ofparcels that we are talking about tonight. It would be easier to do because it is an allowed use in that zone but the small size of the parcels would probably make it difficult to do. The fact that the second hand store has been closed for a number of years it is not an easy thing, to just, you know, plug it back in and turn the lights on. There is quite a bit of review that is necessary under the current code. Tf it changed to Neighborhood Residential you are able to use it residentially pretty easily. If you wanted to do a commercial use in the future you can always try and go through this rocess with this Town Board and come back and say I want to change it to the Office Zone which is right next door which is what we are changing the neighboring parcels to, because we have a use for it or we want to do something else with the property. There is always an opportunity to come and ask to change it to something else. Supervisor Stec-The way it is now you wouldn't if we make this change, if we do not make this change you will have great difficulty using it residentially. So, it is one of those, if you knew which way for sure it was goingg to go it would be easier to say push it the residential or push it the office. If you do not know then you would be struck for now with one and you could always come back and ask for the other if two, five, ten years from now you say, we would rather have the other. But, either way or if we do not do anything and we leave it Main Street you cannot have residential. Mr. Hermance-So, if I wanted to put a garage on that property I could not even do that? Craig Brown Zoning Administrator-Not in the Main Street Zoning. If you combined the parcels there might be a way to do something but there are three separate parcels now. You would have to combine them no matter what. Mr. Hermance-No matter what I have to combine them. Craig Brown Zoning Administrator-If you combine those parcels with your residential property it is very difficult if not impossible to have residential and a commercial or store retail, second hand store on the same property. Again, the thought was the small size of the parcels that probably will not support any significant commercial use just because they are so small and you know, parking and lighting and landscaping requirements you have to meet it would be easier to t'sitte have them as commercial properties. I do not know the properties in depth, I never been there and visited them, but Supervisor Stec-But, if this other property was going to become an active commercial property again you could always come back in and ask to combine these three into that property and change the zoning. Councilman Brewer-Right, you can always combine the three lots. Supervisor Stec-Anything you do if you head down that path you are going to be dealing with the town and the rocess and this would be an extra step in that process but it is not like gee ifpyou guess wrong tonight you are creating work for yourself Councilman Brewer-You are not. Supervisor Stec-you are going to end a having a process to go through anyways so I think if you came back in and said liey this other property is zoned commercial we got these three little properties that we want to combine on a project you got to deal with the town to go through the site plan review process anyways and if-we need to change the zoning as part of that means we do that fairly regularly so it would not be I do not think an extra burden. Mr. Hermance-That is what I am worrying about, I just want to make sure it is not going to be Supervisor Stec-You are going to have a hassle no matter what and I do not think that this is going to make your hassle significantly greater if you go that way. Now, if you decide tomorrow we want to build residential then it has got a lot easier on these properties that is where I think Craig said that is how they looked at this they chose to rezone them neighborhood residential as opposed to leaving them Main Street. Mr. Hermance-Now, on Holden Avenue where the second hand store is now, what is that zoned currently? Craig Brown Zoning Administrator-Is it the long slender parcel south of your house? Mr. Hermance-No, it is the store itself, it is on Holden, number 12 Holden. Unknown-A big storage building. Craig Brown Zoning Administrator-The west side of Holden Councilman Brewer-It is on the west side. Craig Brown Zoning Administrator-The west side of Holden Unknown-On the west side, yes. Craig Brown Zoning Administrator-Without seem a map, I am not sure I know the three parcels we are talking about it is a small sunny parcel of just north of what used to be Curtis Lumber Yard, it is that parcel and then two smaller parcels on that, is it Feld? Mr. Hermance-Yes. Craig Brown Zoning Administrator-That little dead end street, those two parcels and that long skinny one, those are the three we are talking about. If it is on a different parcel than those that is not being changed. Unknown-That long skinny parcel those are the parcels you are changing tonight, the ones that he has here. Mr. Hermance-Yes, the three. All three of them, right? Craig Brown Zoning Administrator-I do not know which one has the store on. Mr. Hermance-309.7-1-15 and 22 and 23 Craig Brown Zoning Administrator-The map does not have numbers on I can certainly show you on the map what the parcels are if you know which one has the building on it. Mr. Hermance-On the three open properties the three vacant lots they are just vacant but the building is connected to the skinny parcel on Holden. Craig Brown Zoning Administrator-It is a separate parcel though? Mr. Hermance-Separate parcel Craig Brown Zoning Administrator-It is not being considered to be changed tonight it is already Neighborhood Residential. Supervisor Stec-It is already Neighborhood Residential even though it used to have a store on it but it is zoned Neighborhood Residential. Craig Brown Zoning Administrator-There are only three parcel that need changed. Supervisor Stec-So, if you wanted to reopen that as a commercial you have got to go through a rezoning on that property and that property is not even on the list. So, if you want to head that way again whether it is these three parcels we are talking about tonight that main one is not on that list tonight so if you want to re-activate that in a commercial way you would have to come in and ask for a rezoning. Mr. Hermance-I understand, I was under the impression that, that was light industrial. Where does it stop, I mean Adirondack P&M on Holden? Councilman Brewer-Light Industrial, none of that is light industrial. Mr. Hermance-What is it Supervisor Stec-It is all Neighborhood Residential. Mr. Hermance-Even where Adirondack P&M is the old Curtis? Craig Brown Zoning Administrator-That is all Main Street, right now. Supervisor Stec-Right Councilman Brewer-Right. Mr. Hermance-That is all Main Street Craig Brown Zoning Administrator-That is zoned Main Street planned to go to Office. Mr. Hermance-Excuse me, say that again? Craig Brown Zoning dministrator-It is currently zoned Main Street and the plan is to change it to Office Zone the O Zone. Mr. Hermance-Ok. What is O Zone Craig Brown Zoning Administrator-It is Office Zone Mr. Hermance-Office Zone Craig Brown Zoning Administrator-The basic difference between the Main Street Zone and the Office Zone, the Office Zone allows more residential uses, it still allows for commercial and office and some retail but the Main Street Zoning does not allow any residential uses where the Office Zone does. Mr. Hermance-I do not really know enough about this I wish I could have talked to my Attorney just to see how it was going to affect us, but I guess as long as it not going to be more of a burden if we decide to do something different later, I just, I was under the impression that it was light industrial down through there. Craig Brown Zoning Administrator-There is no light industrial Unknown-At one time was it? Craig Brown Zoning Administrator-It might have been several years but it hasn't been light industrial for a long, long time. Mr. Hermance-So, right now it is Main Street where Adirondack P&M is, because that is a business though that is not just office? Councilman Brewer-Yea, but it is pre-existing we can still change a zone even though something is there, the zone could still change even though that business is still there it is ust apre-existing business in the zone now. So, when that gets changed to Office it might not be an allowed use but it is pre-existing so we have to allow them to stay. Mr. Hermance-The other thing is what about is it going to change taxes on that property? Supervisor Stec-No, it shouldn't the assessment doesn't change with the zone, that is a whole different ball of wax. We generally let you deal with the Assessor on that. But, I mean no, when zoning changes it can have an impact on the market but it does not impact the assessment that is a separate concern. Mr. Hermance-That it the other concern. .. Supervisor Stec-No, you are not going to get a note from the Assessor saying congratulations they dust changed your zoning and now you are going to pay more taxes that is not going to happen. Mr. Hermance-That is the other thing, I was just worried that be a decrease in the value of the property by doing that? Councilman Brewer-No. Supervisor Stec-You know you can always see the Assessor and say hey, what does this mean; you are welcome to that process. Mr. Hermance-Ok, this is my first time coming to the Town Board I just wanted to ask some questions. Supervisor Stec-Fair questions, it is your property, man. Mr. Hermance-Yes. Ok, I guess you answered all my questions. Supervisor Stec-We hope so. Mr. Hermance-All right, thank you. Supervisor Stec-Thank you Mr. Hermance. Anybody else like to comment on this public hearing? Seeing none I will close the public hearing, Bob if you want to walk us through SEQRA? Bob Hafner Town Counsel-Town Board you have the Long Form EAF in front of you and if you would just refresh yourself with Part I on the facts on there make sure that you had the chance to review them and that they are accurate then we will go to Part II and I will ask you those twenty questions. PART 2- SEQRA FORM LONG FORM 1. Will the Proposed action result in any physical change to the project site? NO 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological,formations, etc.) NO 3. Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 4. Will proposed action affect any non-protected existing or new body of water? NO 5. Will proposed action affect surface or groundwater quality or quantity? NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7. Will proposed action affect air quality? NO 8. Will proposed action affect any threatened or endangered species? NO 9. Will proposed action substantially affect non-threatened or non-endangered species? NO 10. Will the proposed action affect agricultural land resources? NO 11. Will Proposed Action affect aesthetic resources? NO 12. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14. Will proposed action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15. Will there be an effect to existing transportation systems? NO 16. Will proposed action affect the community's sources of fuel or energy supply? NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18. Will proposed action affect public health and safety? NO 19. Will proposed action affect the character of the existing community? NO 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 3 OF 2012 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO: (1) CHANGE ZONING OF CERTAIN PROPERTIES FROM "MS" TO "O" AND FROM "MS" TO "NR"; (2) ADD FUNERAL HOME AS ALLOWED USE WITH SITE PLAN REVIEW IN "CLI" ZONE AND (3) REVISE PROVISIONS RELATING TO ALTERNATE MEMBERS OF PLANNING BOARD AND ZONING BOARD OF APPEALS RESOLUTION NO. 839 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board is considering a request to amend the zoning designations for certain properties along Luzerne Road between Veterans Road and Holden Avenue as follows: (1)parcels 309.7-1-15,22 and 23 from Main Street(MS)to Neighborhood Residential(NR),and(2)parcels (a)309.7-1- 11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 from Main Street(MS)to Office(0).and WHEREAS, the Town Board is also considering a request to amend the Town Zoning Law to add "Funeral Home"to the list of allowable uses with Site Plan Review within the Commercial Light Industrial (CLI)Zone,and WHEREAS,the Town Board is also considering a request to amend Article 16, "Administration" of the Town Zoning Law to permit the use of alternate members by the Planning Board and Zoning Board of Appeals in circumstances other than a conflict of interest, and WHEREAS,the Town Board wishes to consider adoption of proposed Local Law No.: 3 of 2012 to amend Queensbun-Town Code Chapter 179 by amending the official Town Zoning Law and Map to reflect such changes as set forth above,and WHEREAS,before the Town Board may amend, supplement, change, or modify-its Zoning Law 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 Queensbun-Zoning Laws,and WHEREAS, by letter dated February 13, 2012, the Adirondack/Glens Falls Transportation Council, as an extension of the Lake George/Lake Champlain Regional Planning Board (LGLCRPB) staff, advised that the LGLCRPB had considered the proposal and determined that there would be no County impact, and WHEREAS, on or about February 21St, 2012 the Queensbury Planning Board considered and recommended approval of the proposal, and WHEREAS,the Adirondack Park Agency has also considered and approved the proposal, and WHEREAS,the Town Board duly conducted a public hearing,heard all interested parties and closed the public hearing concerning the proposal rezoning on Monday,February 27th,2012,and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning,and WHEREAS,the Town Board has considered the conditions and circumstances of the area affected by the rezoning, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2012 to as presented at this meeting,hereinafter referred to as the"legislation," NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby determines that the proposed legislation will not have anv significant adverse environmental impact and a SEQRA Negative Declaration is made, and the Town Clerk and/or Zoning Administrator are authorized and directed to file and publish a SEQRA Negative Declaration-Notice of Determination of Non-Significance with respect to the legislation,and BE IT FURTHER RESOLVED, that the Town Board hereby adopts Local Law No.: 3 of 2012 Amending Chapter 179 "Zoning" of Queensbury Town Code to: 1) amend the Queensbury Town Zoning Law and Map to rezone certain properties along Luzerne Road between Veterans Road and Holden Avenue as follows: (a) parcels 309.7-1-15, 22 and 23 from Main Street (MS)to Neighborhood Residential (NR), and(b)parcels (a) 309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 from Main Street (MS)to Office (0); 2) amend the Town Zoning Law to add"Funeral Home"to the list of allowable uses with Site Plan Review within the Commercial Light Industrial (CLI) Zone; and 3) amend Article 16, "Administration"of the Town Zoning Law to permit the use of alternate members by the Planning Board and Zoning Board of Appeals in circumstances other than a conflict of interest,and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law and the official Town Zoning Map,as amended,with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect upon such filing,and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a cop` of this Resolution and a cop` of the Local Law and Zoning Map to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Lake George/Lake Champlain Regional Planning Board in accordance with§179-15-080(D)of the Town Zoning Law,and BE IT FURTHER- RESOLVED,that this Resolution shall take effect immediately. Duly adopted this 27th day of February-,2012,by the following vote: AYES Mr. Metivier,Mr. Brewer,Mr. Stec NOES None ABSENT : Mr. Montesi,Mr. Strough Discussion held before vote: Supervisor Stec-I will just point out in answer to Mr. Salvador's concerns I know he had a cop` of the law because he quoted a lot of it back to us, Section 5 I think addresses what his concerns were on the subject of Municipal Home Rule Law, I will read it, it is just one sentence. This local law is adopted pursuant to Municipal Home Rule Law and specifically intended to supersede the provisions of Town Law Section 267-11 and 271-15 that restricts substitution of alternate members of Zoning Board of Appeals and Planning Board to instances of conflict of interest. I am not a Lawyer Bob,but if I was going to ask you to answer that question is that how you would have answered that? Town Counsel Hafner-That is exactly why that provision is in there. LOCAL LAW NO.: 3 OF 2012 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO: (1) CHANGE ZONING OF CERTAIN PROPERTIES FROM "MS" TO "O" AND FROM "MS" TO "NR"; (2) ADD FUNERAL HOME AS ALLOWED USE IN "CLI" ZONE AND (3) REVISE PROVISIONS RELATING TO ALTERNATE MEMBERS OF PLANNING BOARD AND ZONING BOARD OF APPEALS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. The zoning designation for properties referenced as tax map parcel numbers 309.7-1-15, 22 and 23 is changed from Main Street (MS) to Neighborhood Residential (NR); and the zoning designation for properties referenced as tax map parcel numbers (a) 309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 is changed from Main Street (MS) to Office (0). The Town of Queensbury's Town Zoning Map is hereby amended to reflect these zoning changes,and the Map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. SECTION 2. Table 4 entitled "Summary of Allowed Uses in Industrial Districts" of Queensbury Town Code Chapter 179, 'Zoning," is hereby amended to add Funeral Home as an allowed use with Site Plan Review in the Commercial Light Industrial Zone. SECTION 3. Section 179-16-060 of Queensbury Town Code Chapter 179 "Zoning," Article 16 "Administration" is hereby amended to read as follows: §179-16-060. Planning Board. A. Pursuant to §271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for site plan review and special use permits and referral jurisdiction on matters as set forth in this chapter. PuFseent to§271, S ubdivisien 15, of the Tr.wn Law, •. B. The Town Board shall appoint two (2) alternate nzenzbers of the Plannin- Board to substitute for any re-ular nrenrber in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate fleflber(s) shall be appointed by Resolution of the Town Board for a term of semen (7) years. The chairperson of the Plannin-Board flay desi,-hate an alternate nzenzber to substitute for a re-ular nzenzber whenever any re-ular nzenzber is unable to participate in an application or matter before the Board When possible, the chairperson shall alternate the substitution by the tivo (2) alternate ntentbers so that the alternate nrenrbers have approximately equal opportunities to serve on the Plannin-Board to the nraxinrunr extent possible When so desi,-nated, the alternate nzenzber shall possess all of the powers and responsibilities of such re-ular nzenzber. Such desk-nation shall be entered into the minutes of the initial Plannin- Board nzeetin,- at which the substitution is made All provisions relatin- to Board ntentber trainin- and continuin- education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate nzenzbers, with compensation provided to the alternate nzenzbers only for nzeetin,-s at which they actually serve on the Board. SECTION 4. Section 179-16-070 of Queensbury Town Code Chapter 179 "Zoning," Article 16 "Administration" is hereby amended to read as follows: §179-16-070. Zoning Board of Appeals. A. Pursuant to § 267 of the Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven members appointed by the Town Board in such manner and for such term as provided in the Town Law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter pursuant to Article 14 of this chapter (Appeals and Variances). Pursuant +„ the .,.,,,.,,duFe B. The Town Board shall appoint tivo (2) alternate nzenzbers of the Zonin,- Board of Appeals to substitute for any re-ular nrenrber in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate members) shall be appointed by Resolution of the Town Board for a term of semen (7) years. The chairperson of the Zonin,- Board of Appeals nzay desi,-hate an alternate nrenrber to substitute for a re-ular nrenrber whenever any re-ular nrenrber is unable to participate in an application or matter before the Board When possible, the chairperson shall alternate substitution by the tivo (2) alternate ntentbers so that the alternate nrenrbers have approximately equal opportunities to serve on the Zonin,- Board of Appeals to the nraxinrunr extent possible When so desk-nated, the alternate nzenzber shall possess all of the powers and responsibilities of such re-ular nzenzber. Such desk-nation shall be entered into the minutes of the initial Zonin,- Board of Appeals nzeetin,- at which the substitution is made All provisions reladn'- to Board nzenzber trainin- and continuin- education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate nzenzbers, with compensation provided to the alternate nzenzbers only for nzeetin,-s at which they actually serve on the Board SECTION 5. This Local Law is adopted pursuant to Municipal Home Rule Law and is specifically intended to supersede the provisions of Town Law ?a267(11) and §271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest. SECTION 6. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause,sentence, paragraph or part thereof. SECTION 7. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 8. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law§27. 2.0 RESOLUTIONS RESOLUTION APPOINTING GREG HEWLETT TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 84,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law,and WHEREAS, a vacancv exists on the Recreation Commission due to the retirement of former member Jack LaBombard,and WHEREAS, the Town Board interviewed candidates and wishes to appoint Greg Hewlett to the Recreation Commission, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Greg Hewlett to the Town of Queensbury Recreation Commission, such term to expire on December 31St,2018. Duly adopted this 27th day of February,2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS REGARDING IMPROVEMENTS AT THE TOWN'S RIDGE-JENKINSVILLE PARK RESOLUTION NO.: 85,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Recreation Commission and Director of Parks and Recreation wish to advertise for bids for improvements at the Town's Ridge/Jenkinsville Park, such improvements generally described as follows: 1. Construction of a one floor (slab on grade) metal building to serve as a maintenance and storage area for the Parks and Recreation Department; 2. Additional site work as deemed necessary or cost effective by the Recreation Commission and Town Board to include, but not limited to: connecting to existing septic system, fencing, grading, paving, security, etc.; and 3. Professional services for the above; as will be more clearly specified in bid specifications to be prepared by the Town's Director of Parks and Recreation, engineer and/or Town Purchasing Agent,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the improvements set forth in the preambles of this Resolution,and BE IT FURTHER RESOLVED,that upon receipt of bids,the Town Board further authorizes and directs the Purchasing Agent to open all such bids, read the same aloud and record the bids as is customarily done and present the bids to the Town Board. Duly adopted this 27th day of February,2012,by the following vote: AYES Mr. Brewer,Mr. Stec,Mr. Metivier NOES None ABSENT: Mr. Strough,Mr. Montesi RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT RESOLUTION NO.: 86,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbun- Town Board may authorize the sale of items which are no longer needed by the Town or obsolete,and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of vehicles and items from various Departments which are considered to be surplus,and WHEREAS, the Budget Officer advised the various Town Departments of the surplus vehicles and items and did not receive any requests from the Departments for such surplus vehicles and items and therefore has requested Town Board authorization to sell the surplus vehicles and items by using auction companies: 1)Auctions International,and 2)GovDeals,to dispose of such surplus property,and WHEREAS, the following is the list of surplus vehicles and items provided by the various Town Departments: Description Asset No. Serial Number Dept. 2000 Ford E250 Cargo Van 3759 IFTNE24LIYHB77001 Building&Grounds 1999 Jeep Cherokee 3694 1JFF68S4XL662670 Fire Marshal 2-Whelen Edge 9000 48"Light Bars 3694A Fire Marshal Power Master Gate Opener Building&Grounds MTD 321 Snow Blower 311-180-000/JI5082 Building&Grounds 4-Tokheim Fuel Pumps Building&Grounds Gas Boy Fuel System Pedestal Unit Building&Grounds Rolling Typing Table Parks&Recreation GE Under Counter Oven Unit-1987 Parks&Recreation Desk-Wood Grain Laminate Attorney's Office Credenza-Wood Grain Laminate Attorney's Office 3-Cloth Office Partitions Parks&Recreation Printer Table w/drawer Attorney's Office Rolling Computer Table Parks&Recreation Rolling Printer Stand Parks&Recreation Cube Black End Tables Building&Grounds 2-Desk Chair-Black Vinyl Parks&Recreation 3-Desk Chair-Cloth Parks&Recreation 5-Motorola Handheld 2-Way Radios Building&Codes 6-Motorola Mobile 2-Way Radios Building&Codes NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus vehicles and items that are no longer needed by the Town or obsolete as follows: Description Asset No. Serial Number Dept. 2000 Ford E250 Cargo Van 3759 IFTNE24LIYHB77001 Building&Grounds 1999 Jeep Cherokee 3694 1JFF68S4XL662670 Fire Marshal 2-Whelen Edge 9000 48"Light Bars 3694A Fire Marshal Power Master Gate Opener Building&Grounds MTD 321 Snow Blower 311-180-000/JI5082 Building&Grounds 4-Tokheim Fuel Pumps Building&Grounds Gas Boy Fuel System Pedestal Unit Building&Grounds Rolling Typing Table Parks&Recreation GE Under Counter Oven Unit-1987 Parks&Recreation Desk-Wood Grain Laminate Attorney's Office Credenza-Wood Grain Laminate Attorney's Office 3-Cloth Office Partitions Parks&Recreation Printer Table w/drawer Attorney's Office Rolling Computer Table Parks&Recreation Rolling Printer Stand Parks&Recreation Cube Black End Tables Building&Grounds 2-Desk Chair-Black Vinyl Parks&Recreation 3-Desk Chair-Cloth Parks&Recreation 5-Motorola Handheld 2-Way Radios Building&Codes 6-Motorola Mobile 2-Way Radios Building&Codes and BE IT FURTHER RESOLVED,that the Queensbury Town Board hereby authorizes and engagement of the services of auction companies Auctions International and GovDeals to sell/dispose of the surplus vehicles and items,and BE IT FURTHER RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue account(s)in accordance with the Queensbury Town Code and New York State Laws,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION AWARDING BID FOR PURCHASE OF NEW 3/4 TON 4X4 PICK-UP REPLACEMENT TRUCK FOR WATER DEPARTMENT RESOLUTION NO.87,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with Resolution No.: 63,2012,the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a new 3/4 ton 4x4 Pick-Up Truck to replace a 1997 truck in the Water Department as more clearly specified in bid specifications prepared by the Water Superintendent and/or Purchasing Agent,and WHEREAS,the Town will sell the 1997 truck by using an auction company(Auctions International or GovDeals)and any proceeds derived from such sale will be recorded in Water Fund 440,and WHEREAS,the Purchasing Agent and Water Superintendent have reviewed the submitted bids and recommended that the Town Board award the bid to Albany Dodge,Inc.,the lowest responsible bidder,and NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase of a new 3/4 ton 4x4 Pick-Up Truck from Albany Dodge, Inc., for an amount not to exceed $20,380.82, in accordance with New York State Contract No.: PC65018, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $20,380.82 from the unappropriated Fund Balance to Water Department Account No.: 040-8340-2020, and take any other actions necessary to provide for the truck purchase, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2012 by the following vote: AYES Mr. Stec,Mr. Metivier,Mr. Brewer NOES None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM JOHN AND VALERIE MORRISON RESOLUTION NO.: 88,2012 INTRODUCED BY : Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to John and Valerie Morrison—Plot No.: 12-A,Horicon Section,and WHEREAS, by Memorandum dated February 17th, 2012, the Cemetery Commission has recommended re-purchase of the lot and requests approval of the re-purchase from the Town Board, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of a lot in the Pine View Cemetery from John and Valerie Morrison — Plot No.: 12-A, Horicon Section,for the amount of$733.33,and BE IT FURTHER RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to John and Valerie Morrison and properly account for the sales in the Town's books and records. Duly adopted this 27th day of February,2012,by the following vote: AYES : Mr. Metivier,Mr. Brewer,Mr. Stec NOES : None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION AMENDING RESOLUTION NO.: 291, 2011 REGARDING DUATHLON RACES WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 89,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 291,2011 the Queensbury Town Board authorized USA Triathlon to conduct three (3) duathlon races to be held on April 29th, May 6h and May 13th 2012, such races to be held on a portion of Haviland Road from Bay Road to the north parking lot of Adirondack Community College(ACC), and WHEREAS, the race organizers have advised that the south entrance of Adirondack Community College will be closed during the timeframe of the duathlons and have therefore requested approval to change the race course(s) in order to use Haviland Road, past the north parking lot entrance of ACC, to Meadowbrook and Cronin Roads, and WHEREAS, the Town Highway Superintendent has approved such change and therefore the Town Board wishes to amend such Resolution accordingly, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby amends Resolution No.: 291,2011 such that it approves of the revised race course(s)as set forth in the preambles of this Resolution,and BE IT FURTHER RESOLVED,that the Town Board hereby affirms and ratifies Resolution No.: 291,2011 in all other respects. Duly adopted this 27th day of February,2012,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION ADOPTING TOWN OF QUEENSBURY MS4 STORMWATER MANAGEMENT PROGRAM PLAN RESOLUTION NO.: 90,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury is a regulated municipality under the New York State Department of Environmental Conservation Municipal Separate Storm Sewer System Program (MS4 Program), which regulations help to protect and improve the quality of public water bodies in more densely populated areas of the State, specifically focusing on stormwater runoff,and WHEREAS, to comply with New York State requirements, by Resolution No. 67,2009, the Town Board added Chapter 146,titled "Storm Sewer System Discharges, Activities and Connections"to the Town Code after conducting a SEQRA review and declaring a Negative Declaration with regard to the effects of Chapter 146,and WHEREAS, for the purpose of implementing Chapter 146, by Resolution No.: 191,2011,the Town Board accepted and authorized an MS4 Stormwater Management Services Proposal from the Warren County Soil and Water Conservation District (District), with such Proposal providing for, among other things, that the District assume the role of Queensbury's Stormwater Management Officer, to implement and enforce MS4 Program requirements within the Town,and WHEREAS, the District has presented the Town Board with an MS4 Stormwater Management Program Plan (Plan) dated February- 2012, which Plan outlines activities and measures that would be undertaken to address stormwater education, outreach and other implementation required under Chapter 146 of the Town Code and New York State law and regulations,and WHEREAS, the Town Board wishes to adopt such Plan to further its goal of protecting and improving water quality of lakes and streams within its MS4 area, NOW,THEREFORE, BE IT RESOLVED, that adoption of the proposed Plan is consistent with the Negative Declaration issued for the addition of Chapter 146 to the Queensbury Town Code, and the proposed Plan will not result in an` significant adverse environmental impacts, and the Town Board hereby affirms the SEQRA Negative Declaration issued for the addition of Town Code Chapter 146,and BE IT FURTHER RESOLVED, that the Queensbun-Town Board hereby adopts the February 2012 MS4 Stormwater Management Program Plan (Plan) prepared by the Warren Count` Soil & Water Conservation District (District) in substantially the form presented at this meeting, and authorizes and directs the Warren Count` Soil and Water Conservation District (District), as the Town's Stormwater Management Officer, to take all actions necessar- for the Town to implement such Plan,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Zoning Officer/Code Compliance Officer to take such other and further action as ma` be necessary to effectuate all terms of this Resolution. Duly adopted this 27th day of February-,2012,by the following vote: AYES Mr. Brewer,Mr. Stec,Mr. Metivier NOES None ABSENT : Mr. Strough,Mr. Montesi RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 91,2012 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery 7,100 Increase Appropriation 001-5132-4070 Bldg. Maint& Rep 7,100 001-1990-4400 Contingency 001-5132-4070 Bldg. Maint& Rep 2,500 Duly adopted this 27th day of February, 2012, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:Mr. Montesi, Mr. Strough RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.: 92,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbun� Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc.,in accordance with Agreements between each Rescue/Emergency Squad and the Town,and WHEREAS,the Town's Agreement with the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31,2011,and WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the existing agreements may continue during the interim period pending execution of a new Agreement,and WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current Agreement, which payments constituted advance payments on the new general emergency ambulance services 2012 Agreement,and WHEREAS, the Squad has indicated to the Town Board its preference and request to wait until April,2012 to negotiate a new Agreement and the Town Board agrees with such request,and WHEREAS, the Squad may face cash flow shortages before the new Agreement can be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreement, which after a new Agreement is entered into, will constitute advance payments on the 2012 agreement to the Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers for 1/12th of the 2012 Contract Amount(s) during March to the North Queensbury Rescue Squad (Squad) under the current Agreement, which payments will constitute advance payments on the new general emergency ambulance services 2012 Agreement if such Agreement is entered into, with the further understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER, RESOLVED,that should a new emergency ambulance services 2012 Agreement not be entered into by March 31St, 2012, then the Town Board authorizes the Town Supervisor to approve additional payment vouchers constituting 1/12th of the 2011 Contract Amount to the Squad during April, 2012, again with the understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2012,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Brewer NOES : None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 93,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc.,in accordance with Agreements between each Rescue/Emergency Squad and the Town,and WHEREAS, the Town's Agreement with the West Glens Falls Emergency Squad, Inc. (Squad) expired on December 31,2011,and WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the existing agreements may continue during the interim period pending execution of a new Agreement,and WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current Agreement, which payments constituted advance payments on the new general emergency ambulance services 2012 Agreement,and WHEREAS, the Town and Squad have not yet agreed upon terms for a new general emergency ambulance services 2012 Agreement,and WHEREAS, the Squad may face cash flow shortages before the new Agreement can be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreement, which after a new Agreement is entered into, will constitute advance payments on the 2012 agreement to the Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified,and WHEREAS, the Squad has not been responsive to budget direction from the Town Board's negotiating committee dating back to 2011, and therefore this will be the final 1/12th payment the Town Board will authorize to the Squad under the terms of the expired 2011 Agreement, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers for 1/121h of the 2012 Contract Amount(s) during March to the West Glens Falls Emergency Squad (Squad) under the current Agreement, which payments will constitute advance payments on the new general emergency ambulance services 2012 Agreement if such Agreement is entered into, with the further understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER, RESOLVED,that should a new 2012 emergency ambulance services Agreement not be entered into between the Town and Squad by March 31St, 2012, then there will be no further Town Board approvals of additional payment vouchers constituting 1/12th of the 2011 Contract Amount to the Squad, including no approvals of payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER RESOLVED, that the Town Board requests that the Squad to negotiate with the Town Board's negotiating team and, in order to protect Town residents' lives,the Town Board will explore other options to provide general emergency ambulance services for 2012 to be ready if by March 31St, 2012 there is no agreement on terms of a new 2012 Agreement,then, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2012,by the following vote: AYES Mr. Metivier,Mr. Brewer,Mr. Stec NOES None ABSENT: Mr. Montesi,Mr. Strough RESOLUTION AUTHORIZING COMMITMENT TO 10% MATCH FOR SOUTH QUEENSBURY BROWNFIELD OPPORTUNITY AREA PROJECT RESOLUTION NO.: 94,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 287,200 , the Queensbury Town Board authorized the Warren County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA) Program Grant Application,and WHEREAS,by Resolution No.: 74,20 10,the Town Board accepted $42,5 00 in grant funds from the New York State Department of State, authorized a Grant Agreement with the New York State Department of State, authorized establishment of the "BOA Program Grant Fund 4176," which established funding for expenses associated with the grant funds, and established initial appropriations and estimated revenues for Capital Project Fund#176 in the amount of$42,5 00 which will be funded from grant funds to be received by the Town through the New York State Department of State Brownfield Opportunity Areas Program, and WHEREAS, the Town Board, after thorough consideration, has determined that certain work as described in its application and attachments,herein called the"Project"is desirable,and WHEREAS, General Municipal Law §970-r authorizes State assistance to eligible parties for Brownfield Opportunity Areas Program Grants by means of a State Assistance Contract ("Contract")and the Town deems it to be in the public interest and benefit under this law to enter into a contract, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board: 1. is the representative authorized to act on behalf of all applicants in all matters related to State assistance under General Municipal Law §970-r for the Project and the Town Board authorizes and directs the Town Supervisor to sign and submit the application, execute the contract, request payment advances and reimbursements, redistribute contract reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in all matters related to the Project and State assistance, 2. agrees that it will complete the Project, 3. agrees that it will fund its portion of the Town's 10%share of the Project,and BE IT FURTHER RESOLVED,that this authorization shall take effect immediately,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Senior Planner and/or Budget Officer to take all actions necessary to effectuate all terms of this Resolution. Duly adopted this 27th day of February,2012,by the following vote: AYES Mr. Brewer,Mr. Stec,Mr. Metivier NOES None ABSENT Mr. Montesi,Mr. Strough RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF FEBRUARY 16TH AND FEBRUARY 28TH, 2012 RESOLUTION NO.: 95,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of February 16th and February 23rd, 2012 and payment dates of February 16th and February 28th,2012, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of February 16th and February 23rd, 2012 and payment dates of February 16th and February 28th, 2012 totaling $82,829.36 and$73 ,413.93, respectively, and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2012,by the following vote: AYES Mr. Brewer,Mr. Stec,Mr. Metivier NOES None ABSENT: Mr. Strough,Mr. Montesi 3.0 Privilege of the Floor (Limit 4 Minutes) Mr. Pliney Tucker-The last week or so in the newspaper you have been quoted as saying that under State Law government isn't required to furnish emergency service is that true? Supervisor Stec-That is true that I said that and it is a true statement. Mr. Tucker-Suppose the municipality wants to have the service can it be done? Supervisor Stec-We have been doing it for decades, yes it can be done. Mr. Tucker-It looks like the thing going on with the emergency squad may lead into something like them going on all around us here for years and I wonder if we shouldn't get the public involved and see what they want to do with this? Supervisor Stec-We are here.at least two Mondays every month. We have a public hearing every time we enter into a contact we take privilege of the floor we all return phone calls. The public expects us to live within the tax cap and this town has and this town will continue to do so. All these different fire companies and rescue squads just like the general fund,just like the lighting districts and sewer districts and the water districts they all have to combine together to comply with that law. When one doesn't, when one is higher that means everyone else has to be lower. That is the way the tax cap law is being implemented by the State. This year we were able to do that I suspect next year we will be able to do that but it is kind of hard to tell your employees, you are not getting a raise this year but we are going to give a rescue squad a fourteen percent increase, that is not going to happen. There is a reasonable way to resolve this and we are going to see if we cant find it. Mr. Tucker —You are going to keep the public informed? Councilman Brewer-Absolutely. Mr. John Salvador-Re: EMS Why doesn't the town consider privatization of EMS? Supervisor Stec-That is an option that is on the table. Mr. Salvador-I would recommend privatization. Spoke on State Pensions for EMS Supervisor Stec-Regarding State Pension, that claim we are not concerned with, that claim does not Bold any water they are not part of the pension program, the larger issue is going to be who gets what, how much money. Mr. Salvador-Re: Fort Ann Issue? Supervisor Stec-I have sent a letter to the new Supervisor ..when attending the Association of Towns attended a class regarding this- there is a certificate of need issue whether or not our rescue squad can routinely expected to cover another municipality provided that they address that, there is a process to go through to do that, once addressed by all means from what I learned tliere should be a contract between them and Fort Ann. I have not heard back regarding the letters that were sent to Fort Ann. Mr. Salvador-Fort Ann has a fire district, they have the boundary defined just a question of levying the tax. RE: Lake George Park Commission Grant ofa$15,000 to the Town for the preparation and implementation of the towns community Storm Water Management Plan within the Lake George Park- The grant funds are to be paid only upon completion of the project — questioned if Warren County Soil and Water Conservation will meet the criteria for reimbursement of the grant funding... 4.0 Communications NONE 5.0 Town Board Discussions Councilman Brewer Ward IV - no comment Councilman Anthony Metivier Ward I - no comment Supervisor Stec- Thanked Town Staff, the last week gives me a little reflection when I look at the frustration of not giving pay increases to the nonunion staff of the town and I know that there is a lot of nonunion staff that at the County of which I am the Chairman that haven't got an increase in years and then I have members of our Fire Company here, I thank them for all their service to our community over the years, I have five fire companies that have all kept their budget their contracts with the Town fairly easy, fairly compliant and fairly flat for the last few years . I have two of three rescue squads that also can, in fact the one rescue squad that we have a contract with they are in the middle of building expansion project.four hundred thousand dollar project and yet their contract is down in 2012 compared to 2011. How a rescue squad can build an buildin expansion and cut their budget, but then we have got one out o�eight that is insistent on a double digit increase in these economic times they must not be reading the newspaper. The Tax Cap is the law of the land and this town is going to abide by it, in raising theirs that means somebody else's would need to be cut I think that the town has been leading by example, in the water department, the highway department the general fund the planning department, the rec. department, for years with very flat and responsible budgets. I am going to be pretty firm and a pretty ifficult sell to deviate from that. I think I speak for at least for the two guys that are here, I think that we also have a pretty good feeling of the sentiment of the other two board members here. The five of us have not alwa s agreed on everything but I think on this we are pretty much oa like mind in this. We got a town to run and have the taxpayers interest to keep at heart and we have done a good job of it over the last ten years, no one is perfect but I think that we are ahead of the curve as far as representing our constituents and our taxpayers and doing what is right for the town and we will continue to do that. If that means that there is going to be hard feelings so be it but we will get this done. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 96.2012 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 27tH day of February, 2012 by the following vote: AYES: Mr. Metivier, Mr. Brewer, Mr. Stec NOE S: None ABSENT: Mr. Montesi, Mr. Strough Respectfully submitted Miss Darleen M. Dougher Town Clerk-Queensbury