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2006-02-27 MTG7 Regular Town Board Meeting, 02-27-2006, Mtg #7 515 REGULAR TOWN BOARD MEETING Mtg #7 TH FEBRUARY 27, 2006 Res. 115-138 7:00 P.M. LL#1, 2006 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Jennifer Switzer, Budget Officer Marilyn Ryba, Executive Director of Community Development Mike Shaw, Director of Wastewater Bruce Ostrander, Superintendent of Water PRESS: Glens Falls Post Star, TV-8 SUPERVISOR STEC called meeting to order…. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER PUBLIC HEARING – Year 2006 West Glens Falls Emergency Squad, Inc. Ambulance Service Agreement Notice Shown 7:00 P.M. SUPERVISOR STEC-Okay, I’ll open this public hearing. The West Glens Falls Rescue Squad had a one year contract whereas the other two squads had signed on to a two year contract. So, the other two squads, Bay Ridge and North Queensbury continue to operate on a contract in their second year right now. So this is a new contract for West Glens Falls Emergency Rescue Squad Incorporated. It includes, the town right now as most people I think are aware of, includes funding for paid daytime service. Actually there’s a paid element for all three rescue squads, however the way that its structure financially the payroll services for all three squads actually flow through West Glens Falls EMS. So although there’s money included in their budget, it certainly isn’t all for their use but it’s also used in Bay Ridge and North Queensbury. In addition to that, the town and the squad have resolved the whole issue as far as how much funding is going to be in place for a new building which will hopefully start construction here this spring, so their new debt is factored in there as well. The town looks at the three, we break down a lot of the way we look at our emergency services to an operations budget, a debt budget and in this case additionally a paid daytime service portion of the budget. The operations budget for West Glens Falls EMS over last year is up approximately eight percent and Jen right now, what I’m trying to find right now is the number. MS. JENNIFER SWITZER, Budget Officer-It’s Exhibit A, it’s going to be the second to last page. COUNCILMAN SANFORD-Total two seventy-one one hundred. MS. SWITZER, Budget Officer-Operating Expenses are one sixty-five four hundred for 2006. Insurance, twenty-two thousand, Debt Service eighty-three thousand seven hundred for a total contract budget of two hundred seventy-one thousand one hundred. Regular Town Board Meeting, 02-27-2006, Mtg #7 516 SUPERVISOR STEC-Okay, so again, that’s a summary of where we are. Again, this is a one year contract with West Glens Falls Emergency Squad. The public hearing is open so if there’s any members of the public that would like to comment on this public hearing for this contract we just ask the you raise your hand, I’ll call on people, bring you to the microphone, ask you to state your name and address for the record and make any comments that you would like. Anybody? I’m not sure; I don’t see anyone from the squad. MS. SWITZER, Budget Officer-Dan, I did get a call late this afternoon from Sandy Boucher and she was not able to attend tonight. SUPERVISOR STEC-Okay and again, this is not a surprise, the town has been talking about this with the squad for a while and it’s been involved in a couple of workshops and we set the public hearing a couple of weeks ago for tonight. Is there any public comment at all or any questions about this proposed contract? Any Town Board comment or discussion? One more time. Is there any correspondence on this Caroline? DEPUTY TOWN CLERK BARBER-No. SUPERVISOR STEC-Anybody from the public on West Glens Falls Emergency Squad’s 2006 budget? Okay, I’ll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. FOR 2006 RESOLUTION NO.: 115, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., negotiated terms for a new one-year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement for emergency ambulance services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT Regular Town Board Meeting, 02-27-2006, Mtg #7 517 RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance service Agreement between the Town and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and directs the Town Supervisor, Budget Officer and Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None PUBLIC HEARING – Fire Protection Service Agreement For North Queensbury Volunteer Fire Company, Inc. For 2006 Notice Shown 7:05 P.M. SUPERVISOR STEC-Okay, the next five all have to do with the Fire Company contracts for this year. There’s always discussion as to length of contracts and what not for all five of these. What’s being proposed is a one year contract. The first one, the one that Caroline just read into the record is for North Queensbury Volunteer Fire Company Incorporated and again, it’s a one year contract. I believe the language in their contract is the same as it’s been in the past so really the only difference that we’re talking about is in the financial figures. The total contract amount is for three hundred thousand dollars which represents, the operations is a hundred and ten thousand eight-fifty. MS. SWITZER, Budget Officer-No, it’s a hundred and twenty-five thousand eight-fifty. SUPERVISOR STEC-Oh, I’m sorry, a hundred and twenty-five eight-fifty, same error I’m carrying forward which is up front an adopted contract last year of a hundred thirteen one seventy-two. With that, the public hearing is open, if there’s any members of the public that would like to comment, again North Queensbury’s Fire Contract for 2006. Again, we just ask that you raise your hand and I’ll call on people individually. COUNCILMAN SANFORD-Did you mention the total amount? COUNCILMAN BOOR-Did you mention the total amount on that? SUPERVISOR STEC-I did, three hundred thousand. COUNCILMAN SANFORD-Okay. SUPERVISOR STEC-It was the first number I through out. COUNCILMAN BOOR-Alright. Regular Town Board Meeting, 02-27-2006, Mtg #7 518 SUPERVISOR STEC-Any comments on North Queensbury’s proposed 2006 contract? Mr. Fraiser, we just ask that you come to the microphone and state your name and address for the record. MR. PETE FRASER-Pete Fraser, President of North Queensbury. MR. DAN DAVIES-Dan Davies, Assistant Chief North Queensbury. MR. FRASER, President-As per our previous negotiations with the town we stated in the contract that we were asking for three fifteen, as per your negotiations you cut us back to three hundred. At a previous meeting we asked for either three hundred and ten and the payment schedule or three hundred thousand payable up front and eliminate the payment schedule and we didn’t see that in the contract. SUPERVISOR STEC-I know what you’re talking about. Jennifer, we had, that’s something that we have the flexibility to discuss here tonight Bob is the payment schedule? Sure, it’s the total dollar amount that we’re less flexible on by law. MS. SWITZER, Budget Officer-Right. SUPERVISOR STEC-So what you’re suggesting again is the three hundred, the number that we proposed for tonight is three hundred thousand and you’re suggesting as opposed to three separate payments in the payment schedule that you talk about, is have it all up front, that’s what you’re asking the board to consider? MR. FRASER-Essentially. SUPERVISOR STEC-Okay. COUNCILMAN BREWER-Why would we, why would you want us to do that rather then the payments? MR. FRASER-To compensate for the interests that the town’s making on the money that we could have up front and we could have it in our accounts making that interest money. SUPERVISOR STEC-Any other, anything else at this time? COUNCILMAN BOOR-Geese, I wish you guys hadn’t gone first. MR. DAVIES-Well we also wanted to state for the record that the three hundred or the three fifteen, three fifteen is less then we proposed last year, we came in with a lower budget. SUPERVISOR STEC-You did. MR. FRASER-And we were chopped down by the town. SUPERVISOR STEC-You were. MR. FRASER-And as part of the compensation for taking a cut, we thought it would be in our best interests that, this is the way that it was done years ago, somehow it got changed over before my administration but we thought it would be some what of a equal ground. SUPERVISOR STEC-And just, I mean and I know that you probably recall this but for the public that might be interested, I know, again prior to my arrival here a few years ago that the town did change it to a payment schedule and I don’t know if that was a change, a significant change or not but I do know that the payment schedule had been put in place not necessarily saying that it’s been an issue for North Queensbury but the payment schedule is really to provide some checks and balances as we meet certain wickets during the contract year to make sure that we’re getting certain things from the rescue squad or the fire company, whatever they may be. You know, sometimes a financial carrot is a good motivator so that’s, I think that’s the rationale why that was put in there and I understand what you’re saying. I understand the interest question and the fact that you’re going to say Regular Town Board Meeting, 02-27-2006, Mtg #7 519 we’ve never had an issue with meeting our contractual obligations, and I’m sure that you’re saying and it’s probably accurate. MR. FRASER-Not that I know of Dan, I think we’ve always been pretty prompt. SUPERVISOR STEC-You have. No complaints here. Anything else right now? We’ll give you a chance to come back, I’m just thinking of the public. MR. FRASER-No I think those, that’s what we brought up previously and we didn’t see it addressed in the contract and that’s why we’re here tonight. SUPERVISOR STEC-Fair enough. Alright, thank you. Is there anyone else from the public that would like comment on the North Queensbury Fire Contract public hearing? Anybody at all? Yes, Mr. Carr. MR. EDWARD CARR-Edward Carr, Assistant Chief North Queensbury Fire. Just in regard to the payment schedule, that was approved by the town in 1994 for a lump sum payment for us because I believe you cut our contract because we have the lowest debt of any of the fire or rescue squad companies and one way that we have the lowest debt is we’ve negotiated loans with lump sum payments and in 1994 when we negotiated with then Evergreen Bank the town guaranteed us that they would still fund us up front and then they unilaterally changed that after the fact. So, that’s one of the reasons why we’d like to see the money up front. SUPERVISOR STEC-Thank you. Anybody else this evening, North Queensbury’s Fire 2006 Contract? Discussion from Town Board Members? Anybody from the public again? Alright, I’ll close the public hearing and entertain a motion. PUBLIC HEARING CLOSED 7:11 P.M. COUNCILMAN BOOR-Do we want to amend it as SUPERVISOR STEC-I’ll entertain a motion. COUNCILMAN BOOR-Alright, I’ll move that we amend the language such that they get the entire amount, I don’t know on what date we would want to do that. MS. SWITZER-That’s completely up to the Town Board. COUNCILMAN SANDFORD-I’ll second it for discussion, I think it’s worthy of some comments. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 116, 2006 WITHDRAWN INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford TOWN BOARD DISCUSSION: TOWN COUNSEL HAFNER-You have to pick a date after today but you could pick tomorrow. Regular Town Board Meeting, 02-27-2006, Mtg #7 520 COUNCILMAN STROUGH-They’ve already got one third. MS. SWITZER, Budget Officer-No, they’ve gotten two twelfths. COUNCILMAN STROUGH-When’s the next payment? SUPERVISOR STEC-The first payment is usually due in April, March, Jen? MS. SWITZER, Budget Officer-What we would do is, it would be divided into thirds. So, it would be one third less, the two twelfths they’ve already been paid that they would be receiving after signing the contract right now. And if you so decide, it would be the full amount less the two twelfths on whatever date you would like. COUNCILMAN STROUGH-What date do we usually issue, the one-twelfth, one-twelfth, one-twelfth? th MS. SWITZER, Budget Officer-That would be the first audit in March, March 6 when they would get the next twelfth. th COUNCILMAN STROUGH-So basically what we’re saying is that on or before March 6 the rest of what we owe them. SUPERVISOR STEC-Yes. COUNCILMAN SANDFORD-The concern I have is not so much with their request in terms of how the dollars work out, it’s consistency. I think if we do one lump payment with North Queensbury, what’s going to be the rationale not to do one lump payment for all the other fire companies. And while I appreciate their point of view because we were all present during the negotiations and I think they had a compelling argument for perhaps receiving greater then what we awarded, I don’t feel comfortable in going lump sum with one and then perhaps not agreeing to do so with the others and I think that any fire department would rather receive the lump sum simply because they then deposit and earn the interest. So, while I second this motion for discussion I really don’t support it. SUPERVISOR STEC-I agree and I don’t support it for the same reasons. Where we go from here as far as Roberts Rules, we could either vote on this or then come up with the next one or we can amend this one or we can withdraw this one. COUNCILMAN BOOR-Let me ask a question of our Budget Officer, is there any way that on the last payment which is, is that August? MS. SWITZER, Budget Officer-August. COUNCILMAN BOOR-August, can we, is it appropriate and would it be prudent to add interests that’s accrued on the amounts of the balances? MS. SWITZER, Budget Officer -I would say no because once again, you’re bringing up the same argument that’s going to come up with the other four fire companies. COUNCLMAN BOOR-No, what I’m saying is I don’t mind giving all of the companies the interest. MS. SWITZER, Budget Officer-I can tell you that part of the entire emergency fund budget is based upon cash flow and this past year, how we budgeted, I did not budget to lose all of this money up front so we would be decreasing our interest revenue that we would earn to support the entire emergency fund services. COUNCILMAN BOOR-Is there any other method that you can think of? MS. SWITZER, Budget Officer-There’s various ways of maybe not a hundred percent of it but increase the percentage, instead of a third, a third, do fifty percent and fifty percent. Regular Town Board Meeting, 02-27-2006, Mtg #7 521 COUNCILMAN BOOR-I guess I’m more interested in knowing how much you account for with regard to retaining interests for emergencies or for, is that actual operation? MS. SWITZER, Budget Officer-It’s the actual operations. TOWN COUNSEL HAFNER-The public hearing had three hundred thousand as the amount, if you include the interest that’s earned, that’s a higher number and you’d have to do a new public hearing, it’s just the way it’s written. SUPERVISOR STEC-What’s the pleasure of the board? COUNCILMAN BOOR-I’m going to probably withdraw it then because as I pointed out when they first came up, obviously every company is going to do this, I would do it… SUPERVISOR STEC-So are we withdrawing the motion? COUNCILMAN BOOR-Yes. SUPERVISOR STEC-Okay, and you withdraw your second? COUNCILMAN SANFORD-Yea. SUPERVISOR STEC-I’ll move this as written. COUNCILMAN BOOR-I’ll second it. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 116, 2006 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed Agreement, and Regular Town Board Meeting, 02-27-2006, Mtg #7 522 WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES : Mr. Brewer ABSENT: None PUBLIC HEARING – Fire Protection Service Agreement For Bay Ridge Volunteer Fire Company, Inc. for 2006 Notice Shown 7:20 P.M. SUPERVISOR STEC-Okay, our next fire company contract for 2006 is Bay Ridge. Bay Ridge, the number for this contract the grand total was three hundred and sixty-two thousand dollars which is down from last year’s total of three hundred and sixty-six three hundred and operations is actually down about point four percent from a hundred and eighty-four six seventy-five to a hundred, from a hundred and eighty-five three-fifty. So, it’s approximately a flat budget or actually slightly down. The public hearing is open, if there’s any members of the public that would like to comment on Bay Ridge’s proposed 2006 contract, we just ask you to raise your hands please. MR. JACK PERNA-Good evening, Jack Perna, Treasurer Bay Ridge Fire Company. MR. DOUG COONS-Doug Coons, Board of Director of Bay Ridge Fire Company. MR. PERNA, Treasurer-We didn’t receive your updated contract until the beginning of last week. Our attorney is out of town for two weeks so at present we’re unable to sign a contract tonight until we have attorney review and get through our process as far as that goes. SUPERVISOR STEC-Okay. Alright, any other questions? Alright, thank you both. Is there anyone else from the public that would like to comment on Bay Ridge’s proposed Regular Town Board Meeting, 02-27-2006, Mtg #7 523 2006 contract? Anybody at all? Any Town Board Member discussion or comment? Any correspondence Caroline? DEPUTY TOWN CLERK BARBER-No. SUPERVISOR STEC-Any other public comment? Alright, I’ll close this public hearing and entertain a motion. PUBLIC HEARING CLOSED 7:23 P.M. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE BAY RIDGE VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 117, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Bay Ridge Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting, 02-27-2006, Mtg #7 524 RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES : Mr. Brewer ABSENT: None PUBLIC HEARING – Fire Protection Service Agreement For Queensbury Central Volunteer Fire company, Inc. For 2006 7:24 P.M. SUPERVISOR STEC-Okay, I will open this public hearing. Queensbury Central 2006 contract, the proposed amount, five hundred and fifty-five thousand dollars which is up approximately, in operations approximately eight and a half percent from last year. Their operations portion of that five fifty-five is two hundred seventy-two thousand four eighty- seven. MS. SWITZER, Budget Officer-Two eighty-two four eighty-seven. SUPERVISOR STEC-I’m sorry, two eighty-two four eighty-seven. MS. SWITZER, Budget Officer-Mr. Brewer has your sheet. SUPERVISOR STEC-He does have my sheet, you gave him my sheet. MS. SWITZER, Budget Officer-Yes he does. COUNCILMAN BREWER-I stole it. SUPERVISOR STEC-You stole it, that’s fair enough. Alright, and last year’s operations was two fifty-five one sixty-five. So, the proposed amount is for five hundred fifty-five thousand dollars. In addition to the number, the town after review and after meeting with Queensbury Central did add additional, one additional sentence I believe was contract language referring to the use of their current restricted vehicle fund balance which runs approximately a hundred thousand dollars and the Town Board had decided that they want to put language in the contract that would require that balance be used to offset the amount financed for the previously approved tower truck that the Town Board approved last year in a resolution. So that is a language change that was communicated to the company and that’s the summary of this contract. If there’s any members of the public that would like to comment, again, sir? Mr. Goedert. MR. DICK GOEDERT-Dick Goedert, I’m the Assistant Secretary Queensbury Central. The only thing I would ask is that you keep the public hearing open and allow us to have one more negotiation session with you. Our president is sick tonight, he couldn’t be here and I think he sent a letter to each and everyone of you requesting that and hopefully you can leave it open and let us finalize our negotiations. SUPERVISOR STEC-Okay. Is there anyone else from the public that would like to comment on this public hearing, again 2006 contract for Queensbury Central Volunteer Fire Company? Any Town Board discussion or comment? We did receive Mr. Goedert, just for the purpose of the record, I did receive and I’m sure the Board did President Kasselbaum’s Regular Town Board Meeting, 02-27-2006, Mtg #7 525 letter and it did request basically what you asked us for tonight. We’ll see what the will of the Board is. John, were you going to say something? COUNCILMAN STROUGH-These are amendable, right? SUPERVISOR STEC-The contracts? COUNCILMAN BOOR-Not once we vote on them. SUPERVISOR STEC-Contracts are always amendable. I mean, you know three months from now we could always, I mean the will of the Board and the will of the company. COUNCILMAN STROUGH-But I mean, if we approve this tonight just for consistency purposes as Mr. Sanford points out and we sit down and talk with Queensbury and we agree that they have, you know argument, we could come back and amend it. SUPERVISOR STEC-That’s a true statement. COUNCILMAN STROUGH-If we don’t necessarily agree with them, then we leave it status quo. SUPERVISOR STEC-And there would be an offer on the table for them, you’re correct. SUPERVISOR STEC-Alright. TOWN COUNSEL HAFNER-And can I just clarify, if you make a substantial change the contract, you need to go through this process again. SUPERVISOR STEC-Right. TOWN COUNSEL HAFNER-If it’s not substantial, that’s within here. COUNCILMAN STROUGH-Well, I think know what part their talking about. TOWN COUNSEL HAFNER-The amount has to have public hearing. SUPERVISOR STEC-Correct. Is that the will of the Board? COUNCILMAN SANFORD-I’m not sure what the will of the Board is? SUPERVISOR STEC-I think John is suggesting that we, all due respect to the request that we got, he said, I don’t want to put words in your mouth but I’m thinking I’m hearing John suggesting that we consider closing public hearing, acting on this bearing in mind that if we do decide down the road that we want to entertain what Central’s asking us to entertain now, later that we in fact can do that and I agree, it’s entirely possible. But I think that’s what I heard you suggest. COUNCILMAN STROUGH-Well that’s what I was asking if those options were available to us. SUPERVISOR STEC-They are available to us. COUNCILMAN STROUGH-And then I would suggest that. COUNCILMAN BOOR-I would agree only because if we were to make the exception then I don’t know why anybody who would like to keep negotiating not make the same offer or ask the same questions so maybe we should vote on it but in writing tell them that they’re more then welcome to come in and discuss any issues that they, they feel that they’d like to change. COUNCILMAN STROUGH-And I’m willing to do that. Regular Town Board Meeting, 02-27-2006, Mtg #7 526 SUPERVISOR STEC-Anyone feel strongly in an opposite opinion on that? Alright, then I will close the public hearing and I will entertain a motion. PUBLIC HEARING CLOSED 7:28 P.M. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 118, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire protection Service Agreement between the Town and the Queensbury Central Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor, Town Regular Town Board Meeting, 02-27-2006, Mtg #7 527 Counsel and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer, Mr. Stec ABSENT: None PUBLIC HEARING – Fire Protection Service Agreement For South Queensbury Volunteer Fire company, Inc. For 2006 Notice Shown 7:30 P.M. SUPERVISOR STEC-Okay, South Queensbury had a busy day today, although I do see some of their leadership here, their chief and their past president and treasurer and I think I saw their president around. But anyways, they had a very busy day today, anyone that’s been driving around Dix Avenue today there was an ammonia spill that they had to evacuate a good part of that neighborhood for a good part of the day. The individual involved in the spill was burned and I guess there were two firefighters that needed some treatment and I did speak to Chief Lettus on the way here this evening and he did say that they are both doing well and back home so apparently their injuries were minor but we are thankful that they’re well. So, I know that they had a busy day today. South Queensbury Fire, by way of an update currently is operating under an old contract, they have been for the last sixteen months or fourteen months or so while we sorted out the difficulties involving some audit problems and there was some personal criminal issues to deal with that was separate from the company itself. The company also did undergo a management change; Chief Lettus, President Jason Waters and the new President Dave Jones have done a very good job speaking on behalf of myself and Jennifer who had been meeting on about a monthly basis as we move through this under different kind of level of scrutiny. They did a very good job for the last fourteen months but unlike the other companies, this isn’t really a renewal of what they had, it is a new contract, the contract language matches the other four companies’ language in the 2005 contract. I mean, they basically were operating although not under contractual obligation, they were operating for the last fourteen months as if they were underneath the provisions of that, under contract as far as the way that they conducted their business and from what Jennifer and I had been able to see they did do an admirable job with that. Now, with that said the dollar amount that the Town Board is proposing tonight is a hundred and eighty-five thousand dollars total, seventy-five thousand and fifty-eight dollars of that is operations. I don’t have a very good comparison to compare to for 2005 because again, we didn’t have a contract in 05 but I know that the one eighty-five number is comparable to what our total experience was for 05 as far as when we added up all the money that the town authorized throughout 05 for their operations, that the one eighty-five is in the ballpark of what they actually spent last year. So, that’s the update on South Queensbury. I’ll open the public hearing, if there’s any members of the public that would like to comment or ask any questions on this public hearing on South Queensbury’s contract, we just ask that you come forward, raise your hand and I’ll call on people. Anybody? Any Town Board Members like to comment or add anything? Any correspondence Caroline? DEPUTY TOWN CLERK BARBER-No. SUPERVISOR STEC-Once again, any members of the public like to comment on this public hearing? Okay, I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED 7:32 P.M. Regular Town Board Meeting, 02-27-2006, Mtg #7 528 RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 119, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the South Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: Regular Town Board Meeting, 02-27-2006, Mtg #7 529 AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Stec, Mr. Brewer ABSENT: None PUBLIC HEARING – Fire Protection Service Agreement For West Glens Falls Volunteer Fire Company, Inc. for 2006 Notice Shown 7:33 P.M. SUPERVISOR STEC-Okay, I’ll open this public hearing, this is the fifth of the five fire companies contract renewals. What is offered is another one year contract for a total of four hundred and thirty thousand dollars or approximately and I didn’t calculate the new number, approximately a ten percent increase in operations. Their operations number for this year would be, oh thank you Tim, thirteen percent increase in operations from two hundred and sixteen four thirty-eight last year to two forty-five two fifty-nine this year. The rest of it, again the contract language is the same as last year so its just a monetary difference and with that said, again the public hearing is open, if there’s any members of the public that would like to comment or ask any questions about this public hearing? Yes, in the back, we just ask that you please come forward, state your name and address for the record please. MR. SCOTT NUSSBAUM-Scott Naussbaum, President West Glens Falls Fire. MR. BOB DUNN-Bob Dunn, Vice President West Glens Falls Fire. Actually, we were thinking that we’d like to go along the same lines as Queensbury Central just requested. We th understood that when we met with you on the 13 that the public hearing would be extended until a different date. We didn’t get our answer back on what the new contract was for I believe three days after that meeting, we haven’t had a chance to meet with all the directors yet and go over the budget figures and decide whether or not we can accept that or not. So we were going to ask for an extension on the public hearing tonight also. SUPERVISOR STEC-Anything else? MR. DUNN, Vice President-We did have some prepared remarks for tonight but we’d actually like to hold them for, if you’re going to extend the public hearing which it doesn’t appear that you’re going to. COUNCILMAN STROUGH-I don’t believe we extended the public hearing for Queensbury Central. MR. DUNN, Vice President -Right but it was stated at the last Town Board Meeting that if th we met again with you on the 13 that the public hearing would have to be held off to another date other then tonight. MR. NUSSBAUM, President-If the numbers have changed. MR. DUNN, Vice President-If the numbers have changed, right. MR. NUSSBAUM, President-Which they did. SUPERVISOR STEC-They went up ten thousand dollars. MR. DUNN, Vice President-Right. MR. NUSSBAUM, President-Still that means that the numbers changed so the hearing date should be changed also. th SUPERVISOR STEC-We set a public hearing on the 13 for tonight, that’s all I know that we committed to. Regular Town Board Meeting, 02-27-2006, Mtg #7 530 MR. NUSSBAUM, President-I believe that Mr. Sanford was the one that brought it up, that you would have to change the date of the public hearing if the numbers had changed. Since th the numbers had changed for us and Central, the 27 would have been out. COUNCILMAN SANFORD-I don’t recall that. MR. NUSSBAUM, President-Asking the question. COUNCILMAN SANFORD-That should be a matter of fact whether or not by changing those numbers if automatically invalidates the public hearing. Mr. Hafner? MS. SWITZER, Budget Officer-There was another that was addressed, you approved a th resolution for that to go out to be posted publicly, the Town Clerk did that on the 13 so we th met our deadline, our time line for the 27. If you had not done it on that night, yes in fact you would have to extend that. SUPERVISOR STEC-I think I could shed some light to bring some clarity here to this th misunderstanding. We met with you in a workshop on the 13, at the tail end of that workshop the Town Board did vote again to set, with the new number the public hearing. thth So we passed a second resolution, we had passed on the 7 or the 6 of February and that was the one that you said, well if we change the numbers, that night after you left and after we conducted the rest of our business towards the tale end of our open meeting we did pass another resolution that’s what Jennifer is referring to, to change the numbers for your contract and for Centrals’. So, the longest short of it is we are in accordance with the law and the procedure of how we can conduct the public hearing tonight, I guess is what the short answer is. MR. DUNN, Vice President-We just weren’t aware of that. SUPERVISOR STEC-I understand, I understand. MR. DUNN, Vice President-I’d like to read a prepared statement we have then for you. First of all, we’d like to thank Councilman Sanford for his efforts and other Board Members in their attempts to make a realistic look at our needs. We would however like to remind you that we will be back this summer with our hat in our hand due to a lack of funding. We also support Councilman Sanford’s linear slope tax approach and had advocated for the exact same thing in the last two years by requesting multiple year contracts and purchasing items over fewer years. All of these requests were turned down. We also asked for three year contracts budgets over the last two years in a row. These were agreed upon and discussed but then dismissed both times. We also have been asked for a five year capital plan and replacement plan for vehicles; we don’t know what the point of this is when we have one year contracts. How many corporations survive on a year to year basis without the ability of strategic planning? Is this the way the town is run with no future forecasting and no reserve? We also agree with Councilman Sanford again, this late start every year for the last several, causes problems with the tax rates. It doesn’t foster planning; this is why we have requested specific language in our contracts for earlier start in negotiations with specific duties but it was turned down. We don’t feel that a failure to plan on the board’s part should constitute any emergencies on our part which seems to be just what is happening. It’s not appropriate to compare Fire Company to Fire Company especially since we all have different needs yet that is happening time and again. We should take out the several MMA reports that have been done over the last few years and let the people of the town know what we really need once and for all. Our needs have not been met; this is evidence as we’ve used our fund raising dollars to cover costs that rightfully should have been covered under the contract terms. And why haven’t the terms and conditions of the contract language been open for discussion? Early negotiations would have allowed for this, we feel we’ve been bullied again and not even allowed to discuss items that were normally allowed in any contract discussion. We’d like to apologize in advance to the following organizations if we are unable to support their activities again in our hall this year due to a lack of funds. These organizations include the Warren County DPW, Warren County EMS Captains Association and Warren County Fire Coordinator, Queens Victoria Grant, Queensbury Little League, South Glens Falls Pop Warner, American Red Cross, Glens Falls Hospital Mammogram Van, Cub Scouts Pack 16 & 17, Brownies and Daisy’s of Regular Town Board Meeting, 02-27-2006, Mtg #7 531 the Girls Scouts and Mothers and Daughters, Warren County City ARC, West Glens Falls Chapel, Hope Community Church, Hudson Pointe Homeowners Association, any voting for the primary and general elections and anyone else that may have a need for our requested hall. That’s the end of our statement. SUPERVISOR STEC-Thank you. MR. NUSSBAUM, President-I have a question. Mr. Strough you asked how come the contracts weren’t the same and you were told it was just formatting and I believe that to be true. There is a different paragraph in one contract that none of the others have and if you are striving to maintain them as all the same, I’d like you to take a careful look at all of them to see that they’re not all the same and that there is a paragraph in one contract that allows for them to open negotiations up to renegotiate certain terms and conditions for a mortgage I believe. So, I’d like to know why he was told that they are all the same, that it was a formatting the reason it was run onto a different paragraph, to another page, it’s not correct. We don’t all have the same contract. Anybody have an answer for that? COUNCILMAN BOOR-Well you’re going to have to be a little more specific, I mean MR. NUSSBAUM, President-Take a look at the contracts and read them for yourselves. COUNCILMAN BOOR-Well, I mean, you pointed out, I’ve got them all right here if you point it out, we’ll look at it right now Scott. MR. NUSSBAUM, President-The very last paragraph COUNCILMAN BOOR-In which contract? MR. NUSSBAUM, President-Of Queensbury Central’s contract. COUNCILMAN BOOR-Oh well, there you go. COUNCILMAN SANFORD-Under the assumption that you’re correct; it was merely a mistake on our part. We believe them to be identical MR. NUSSBAUM, President-You wouldn’t know it but the other individuals in this room who are on this committee time and time again do know it. COUNCILMAN BREWER-Do know what Scott? COUNCILMAN BOOR-Is it like page 12? I mean MR. NUSSBAUM, President-That there’s a different paragraph, that there’s a different paragraph for negotiations. SUPERVISOR STEC-I’ll offer an explanation because I did look into this after that meeting and what happened was in last year’s Queensbury Central contract the board negotiated with Queensbury Central a requirement that they refinance their mortgage. COUNCILMAN BREWER-Right. SUPERVISOR STEC-And so they agreed to do that and so that sentence was unique to their contract and their contract only. In preparing the 2006 contracts the same sentence was held over accidentally in Central’s contract about requiring them to refinance their mortgage. I believe that the contract that we sent to Central indicated that we, the one that where we changed the language on them saying you will use your restricted fund, when we made that change, I had Pam also remove that other sentence because it was in there. That is what happened. It is very simple. There was an explanation. COUNCILMAN BOOR-It is not in this copy. These are probably newer than what you got Scott, that is all I am saying. Regular Town Board Meeting, 02-27-2006, Mtg #7 532 COUNCILMAN STROUGH-Everybody said it was a formatting thing. MR. NUSSBAUM-It is not a sentence it is a paragraph and it happen in more than one year though. It is just a point. COUNCILMAN STROUGH-Everybody said it was a formatting thing, there you go. MR. NUSSBAUM-It is just a point, I am trying to make. SUPERVISOR STEC-To be thorough though there were no changes made between ‘05 and ‘06 contract for anybody that was the problem there should have been one other than the dates. COUNCILMAN STROUGH-But there was a difference in contract. COUNCILMAN SANFORD-John was right. SUPERVISOR STEC-That is not right, that was not what was asked. MR. NUSSBAUM-The point I am trying to make is that we have asked on more than one occasion for contract language to be open we agree with you on the contract language to be open to start sooner, the sooner you start with specific duties, we could have sat down had all this discussion in place, linier slope everybody have the tax rate in mind you could have better planning in place and gone forward. As far as your discussion earlier with interest we are being taxed at two separate rates fire and ems. If we are being taxed at two separate rates the money is coming in at two separate rates the money should be expensed at two separate rates. If you are gaining interest on one account that that money is being taxed at two separate rates I would like to know how it is being expensed at one rate and if it is not being expensed at one rate and you are getting interest at one rate. BUDGET OFFICER SWITZER-We are getting interest at one rate I suggest you call the local State Comptroller Office 793-0057 I have had this conversation with them as many times as you have brought it up, it is legal under the law not just you MR. NUSSBAUM-I have not brought it up. BUDGET OFFICER SWITZER-It is legal under the law this is how this was set up Scott MR. NUSSBAUM-I have not finished my question. BUDGET OFFICER SWITZER-I am just going to tell you that’s MR. NUSSBAUM-Have I finished my question? BUDGET OFFICER SWITZER-Go ahead. MR. NUSSBAUM-No I haven’t. BUDGET OFFICER SWITZER-Go ahead. MR. NUSSBAUM-Like he got cut off the other night. I have not finished my question. BUDGET OFFICER SWITZER-Again, go ahead. SUPERVISOR STEC-Please finish your question. MR. NUSSBAUM-You are getting interest at one rate on the one account, we are talking thththrd about getting payments the 12 the 12 the 12 or a 3 if you are going to pay out that money it should be paid out at two separate rates. Even if the money is coming into one account with one interest rate. So, what we are asking for is an accounting of how the money is being paid out to us at the two separate rates. That is all we would like to know, and what is left over at the end of the year and where is that money going to us. That is Regular Town Board Meeting, 02-27-2006, Mtg #7 533 what we would like to know. If you are planning on having x amount of dollars at reserve at the end of the year and the interest is accrued on that total amount how do we know what the break out is of what is ours and what is ems. BUDGET OFFICER SWITZER-Ok, first of all there is no what is yours and what is ems. It is emergency services fund you are under contract with the Town of Queensbury, therefore the money that you get is for fire protection for the district that you are in. The rest of the money that the Town gets from taxes that we earn from interest is for the entire emergency services fund budget. We are audited on an annual basis and those audits are available in the Town Clerk’s Office. I would suggest that you get a copy from the Town Clerk. SUPERVISOR STEC-Is there any other public comment this evening from you two gentlemen or any one else? Anybody else in the public? Any other Town Board Member comments. COUNCILMAN SANFORD-Well, just a quick comment that I agree with a number of things that they said and I would encourage that the fire companies and this board begin discussing financial arrangements for 2007 as early as perhaps June because this exercise was a time consuming exercise and here it is now knocking on March and they are just resolving it. So, we do have to accelerate it you have to get in ahead of the .. and if we do need to make adjustments we will have ample time to do it concerning tax rates and things of that nature. BUDGET OFFICER SWITZER-I just want to point out if you do want to meet earlier with them right now their contract stipulate that they get budgets to us in July th COUNCILMAN BOOR-July 15. BUDGET OFFICER SWITZER-Right, COUNCILMAN BREWER-When did we get those budgets, Jennifer? BUDGET OFFICER SWITZER-We got them in September, September and October it was varying times during the fall that we got those. COUNCILMAN BREWER-So, we will just have to make it a point to start in July BUDGET OFFICER SWITZER-My point is that if you want that to be changed then you have to address that in this contract right now. SUPERVISOR STEC-I think our contract is adequate we need to make sure that everyone’s playing by the contract. Any other public comment on this public hearing? Mr. Frasier. MR. FRASIER-North Queensbury Fire I think one point I want to bring up right now was that now might be a good time for you guys to look at districts, to eliminate a lot of this problem with the Town Board in dealing with the Fire Companies like the rest of New York State as they have gone to districts that might be a good time right now that, take a look at it and see what you deal with and go from there. Thank you. SUPERVISOR STEC-Thank you Mr. Frasier, thank you. Any other public comments on this public hearing? Mr. Schonewolf MR. PAUL SCHONEWOLF-Director of North Queensbury. After listening to whatever we have spent on this the two things that you talked about the most were interest and when budgets are due. If these people were a fire districts that question would not come up. th Budgets are due September 20 it is State Law, correct? And tax payments are due to the st fire districts January 31 or when the money is paid, is that correct? There is your answer, lets stop fooling around. SUPERVISOR STEC-That will be a conversation that we certainly will have later this year, but not tonight. Any other comment on this public hearing? Ok. I will close this public hearing. Regular Town Board Meeting, 02-27-2006, Mtg #7 534 PUBLIC HEARING CLOSED 7:50 P.M. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2006 RESOLUTION NO.: 120, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the West Glens Falls Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor, Town Regular Town Board Meeting, 02-27-2006, Mtg #7 535 Counsel and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer, Mr. Stec ABSENT: None SUPERVISOR STEC-All six of these contracts the five fire contracts and the one rescue squad contract all they all passed, Pam will print them tomorrow and I will sign them by close of business tomorrow. They will be ready for your corresponding Presidents to come and pick up and sign at your leisure. BUDGET OFFICER SWITZER-Once we get a signed contract basically I need about a days time to turn a check around for them for the balance. COUNCILMAN STROUGH-While many of the volunteers are here I want to thank you for opening your fire houses and manning them for twenty four hours and offering food for those people who are suffering as a result of the power outage. I as one Town Board Member would like to speak for the community and thank you for that. SUPERVISOR STEC-I was going to say I am sure the whole Board seconds those sentiments and I am glad you are still here and rather than waiting until Town Board discussions since you are still here and we have you all here and you are all in a great mood we do want to thank you all for the efforts. I know that all five companies were ran ragged that entire four day event in particular Friday and Saturday last, and I know that North Queensbury in particular for the geography and just the amount of wind blow that you had that you probably took it the hardest although there was power outages through out the entire town. Not only were you out there where we needed you but you also opened your fire stations to people that might have needed it in the cold weather. I know that they appreciated it so on behalf of them as well we thank you all. COUNCILMAN BOOR-Yes, I was going to be during Town Board discussion I had a little bit of a diatribe that I was going to essentially say the same thing, but since it has been put out there now I would like to also thank the Fire Departments. I did have the opportunity to go to North Queensbury and I think the thing that struck me the most I got a little tour of the area and you know as a resident you drive around and you see the trees down and you see the power lines down and that is the visual impression that you have. But, I think the real destruction and the real damage and the real pain and suffering is much greater than the visual, it is the elderly, it is the young going for extended periods of time without power, without electricity. It is people who are living essentially in their most expensive asset and the clock is ticking with regards with frozen pipes. There were huge blocks without power and as much as every fire department did a great job North Q, I cannot say enough you know with the jockeying the generators from house to house firing these people up I am sure that the dollar savings would be very hard to figure out but it would be excessive I am sure and the fact that the station was open more than 24 hours open I think four days they were serving hot meals just an admiral effort. That is not to diminish any other fire company because I know I saw the Mellons driving out when Sunnyside was out, one thing about this storm was its ability to knock out isolated areas and a lot of them so I think that’s what made it one of the worst ones we have had because it wasn’t just a main power line down where they had to work on the one power line fire up and get it all back it was sporadic, it was everywhere. It was all over the place, and I think from National Grid standpoint I am sure they did not know which way to go it would have been very confusing and I think it is going to create an interesting argument when they continue to fight us on bearing underground cables on Main Street. I think that is the direction we need to move in. I would hate to assess what the actual dollar cost of this storm was; I bet it is a lot more than what it would cost to bury cables on Main Street. I am hoping in the future residents also will start putting Regular Town Board Meeting, 02-27-2006, Mtg #7 536 pressure on Nation Grid to reconsider their stance. We need to look to the future and what is really going to save us money here is that continuing to maintain these over head power lines or doing what just about every other State is doing and they are starting to put them underground. Out west it is all underground. So, I am hoping that this will provide an example whereby they can re-think what they are doing. SUPERVISOR STEC-Just to finish my thoughts on the power outage for everyone, you hit the nail on the head it was not just a single main line that was down that took out big chunks of people, it was dozens and dozens throughout the Town and throughout the many county area that were without. Little pockets, people on one side of the street had power, half a dozen homes on the other side of the street didn’t, it was little pockets like that. There were at one point thirty-six crews in Queensbury running around from National Grid trying to restore power, they were working double shifts. Their argument will be, is thirty-six enough. How efficient are you at the tale end of a double shift and working outdoors and whatnot. I know that Senator Little and Assemblywoman Sayward have pressured National Grid. I do have a meeting scheduled with them, National Grid and other County Supervisors later next week to discuss exactly these concerns. We want to make sure that from the county’s end; certainly I think our emergency services had it covered but from the county government end from the National Grid end, was everything that could have or should have been done, done. I think those questions are going to be asked, they’ve been asked already and I think there will be more follow up next week. That aside, the rescue squads and the fire companies in particular did us all proud and we appreciate what you did. COUNILMAN SANFORD-Okay I’ll weigh in, I might as well. This was an extraordinary storm and I think it was great the way that so many agencies and companies came together to take care of this emergency including National Grid, Verizon, the fire, the town, etcetera. I was out of power for going on four days, it went out Friday at noon and came back Monday at noon and I had six broken poles down in my neighborhood. I’ve got to tell you, I was a little bit concerned and upset when I started reading all the finger pointing because I was watching those crews working, the poles coming in, being put up and I think they did a great job and you’ve got to understand, this wasn’t a thunderstorm that took this out, this was one heck of a storm and you’ve got to expect that this kind of thing is going to happen from time to time and I think everybody did a great job in trying to restore and help people. I think there’s been a bit too much made about National Grid but that’s my own personal opinion. CONTINUED PUBLIC HEARING – Proposed Local Law To Amend Queensbury Town Code Chapter 179 “Zoning” to Amend Language Concerning The Purpose And Establishment Of Professional Office Zones And The Amendment Of Town Code Tables 1, 2, And 4 Concerning Such Zones Notice Shown 7:55 P.M. SUPERVISOR STEC-Okay, this public hearing is following a lengthy public hearing that rd was left opened. The Town Board took public hearing comment on January 23, about two and a quarter hours worth. Caroline, was that your’s or was that Karen’s? DEPUTY TOWN CLERK BARBER-That was Karen’s meeting. SUPERVISOR STEC-So Jennifer, I think you can expect to see a workers comp claim filed for Carpal Tunnel for poor Karen O’Brien who had to type it all verbatim. But anyways, we’ve taken a lot of public comment on this already. We do have recommendations back from the County Planning Board of no county impact and from the Town Planning Board recommending that we enact this. So we have all the information that we are statutorily required in order to act, I believe that the Town Board is prepared to act this evening. But what we’re looking, the public hearing is still open, if there’s any members that want to comment, we would, I would personally prefer that we’re looking for new information and not a rehashing of a two hour public hearing that we had a few weeks ago but certainly anyone that feels that they need to be heard, we’re going to hear you. So with that, the public hearing is still open and if there’s any members that want to comment on this public hearing, I just ask that you raise your hand, we’ll call on you one at a time, will receive your comment and when we’re done, we’ll Regular Town Board Meeting, 02-27-2006, Mtg #7 537 likely close the public hearing and take action. So, with that said, is there anyone that would like to comment on this public hearing this evening? Miss Sonnabend. MISS KATHLEEN SONNABEND-55 Cedar Court I am glad to see this finally come to a vote, I think this has taken up everyone’s time for far too long. The intent of the community leaders who created this comprehensive land use plan and the zoning code is well known. When they said professional office shall be located in the first one thousand feet they did not mean residential. Probably the reason that a lot of developers and their attorneys figured that they could put residential in that professional office zone is because of the language in referring to it as professional offices with a residential look. They were referring to the offices across from ACC. A lot of doctors and dentists and therapists and if you look in that neighborhood it looks like a residential neighborhood, it is very attractive it is not at all unpleasant to drive by there. The zoning really is clear but since so many people don’t want to accept it as being clear I think this clarification of the professional office zone is very important. In addition to passing this clarification I would urge you to consider thinking about a moratorium both on subdivision, residential subdivision development as well as a moratorium in the professional office zone. We have got the PORC, SUPERVISOR STEC-Planning Ordinance Review Committee MISS SONNABEND-Thank you. I know that they do not like being called pork. Working for months now, many months with cost of consultants, numerous workshops and meetings countless hours for the public as well as the planning people. I would really like to see them have a chance to get their work done. They are looking very carefully, and thoroughly at how development should occur in Queensbury. The best places for light industrial, professional office, residential etc. I would sure like to see them have a chance to get that done before we are left with very little land left to develop. We are very fortunate to be in a part of the State that is growing so quickly and has demand for people wanting to live here and work here. I do not think we have to be in a rush to fill up every single square inch especially with the Nano Tech Park coming in down in Malta. I would also encourage us to consider thinking about the original language relating to our village center. For years planners have been talking about making the village center more of a quaint kind of setting. Where the strengths of Queensbury are encouraged, where our open spaces our trees, our mountains our vistas instead of just filling up every space with large commercial and office buildings. It would be nice not to see large story buildings or leveling of land and getting rid of the terrain and a lot of the trees to try to maintain us as Queensbury instead of making us turn out to look like another Clifton Park. Thank you. DEPUTY SUPERVISOR BREWER-I guess in Dan’s absence is there anyone else that would like to comment? No? Yes? MR. BOB VOLMAN-Gurney Lane I do not want to rehash some of this stuff but I would like to make one statement. I would urge you to vote yes on this wording change proposed for professional office zoning. At a previous Board Meeting I presented a petition with more than one hundred and fifty signatures requesting that the change be made. I think in light of the confusion caused recently regarding the proposal to put ninety four townhouse apartments on a property at the corner of Gurney Lane and West Mountain Road this wording change is necessary. If you will recall the owner of this property had requested a fourteen unit subdivision on a sixteen acre plot of land that was zoned one acre residential. The Board refused this as I understand it on the grounds that this property was going to be rezoned professional office, and again at the request of the Town, not the landowner. The reason given for this change was that the Town wanted to increase the tax base that professional offices would provide. As I understand it professional offices generate tax income that requires, or excuse me, as I understand it professional offices generate tax income because they only require thirty seven cents of services for every tax dollar they pay as opposed to a dollar sixty seven in services required for each tax dollar derived from residential use. My numbers might be a little off but I think I am in the general ball park on that. It does not make much sense to rezone property to increase the tax base and then turn around and allow an even bigger drain on tax dollars i.e. ninety-four units vs. fourteen units to be built in its place. The Regular Town Board Meeting, 02-27-2006, Mtg #7 538 current wording is ambiguous it is unfair to the developer who expends money to develop plans that he feels is appropriate and it is unfair to the Planning Board which is trying to interpret the law. Therefore I think it is most appropriate that this wording change be made to clarify the meaning of this zoning category. Thank you. DEPUTY SUPERVISOR BREWER-Is there anyone else? Board Members? Close it? COUNCILMAN SANFORD-You might as well. DEPUTY SUPERVISOR BREWER-Okay, we’ll close the Public Hearing. PUBLIC HEARING CLOSED 8:05 P.M. DEPUTY SUPERVISOR BREWER-Comments from Board Members? COUNCILMAN SANFORD-At this point in time I think we have had a lot to say, I am speaking for myself here, but I am anxious to move it to a vote. COUNCILMAN BOOR-Same here. COUNCILMAN STROUGH-Same here, we’ve said a lot, two years, I think the public is DEPUTY SUPERVISOR BREWER-And I’ll just have one short little comment. I agree we’ve all said a lot and we’ve had a lot of discussion and heated discussion at that. My only comment is that this particular zone encompasses three different areas of the town. It has been my feeling and my thoughts and I’ve said it publicly, that we ought to let the PORC Committee look at this, come up with a reasonable number whether it be, there’s some lots that are in this PO Zone that aren’t a thousand feet deep, so I do not know how you can restrict something to a thousand feet. Having said that, I would just as soon get this over as well. COUNCILMAN SANFORD-Well, you are in charge. EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA-I just wanted to go through a number of the technical things for the benefit of the record and for the public. A recommendation was received from the Town Planning Board and from Warren County we received that information, it was no impact from the County and then a motion to recommend approval by the Town Planning Board. I also wanted to mention that before those referral due dates that the long form environmental assessment form was completed, we had some internal discussions and felt it was a more conservative approach and a better approach to go through that process. One of the things that the Town Board does need to do is you do need to declare the SEQRA Type and go through that environmental assessment form. What has happened in the past is the petition for zone change questions have been asked and reviewed after that SEQRA form is complete and then the vote is taken. There’s no requirement that you do that, I know it’s been discussed quite a bit, it’s really up to the Board but the requirement definitely is for the SEQRA. DEPUTY TOWN CLERK BARBER read the following into the record: Queensbury Partners 2 River Chase Drive Rensselaer, NY 12144 Dear Mrs. Ryba: Queensbury Partners presently has Site Plan Application 56-2004 for residential development of a 34± acre parcel located at the corner of Bay and Blind Rock Road and has made two separate presentations concerning same. The Town is now considering amending its Zoning Ordinance with respect to the Regular Town Board Meeting, 02-27-2006, Mtg #7 539 Professional Office (PO) zone which may disallow residential development at this site. We have asked the owner of the site, our Seller, not to submit a Protest Petition as we believe such action would be disadvantageous to all concerned. We will be amending our Application in the very near future but will commit to the Planning Board by this letter that such Amended Application will be for development solely of office space along the Bay Road frontage. This would allow the Town additional time to consider permitted uses for the remainder of the site. We ask the Town Board defer consideration of any amendment of its current Zoning Ordinance in light of our commitment to develop solely office space along the Bay Road frontage of this site. We understand that the Town is undertaking a review of its Master Plan with a goal of adopting zoning changes in the fall of 2006. We are willing to wait for these changes before submitting any proposals for the development of the balance of this site. By copy of this letter to Town Clerk, Darleen Dougher, we submit same as public comment for the Public Hearing regarding the proposed amendment to the Town’s Zoning Ordinance (Chapter 179) for the Professional Office (PO) zone and Tables 1, 2 and 4. It is our understanding that the Public Hearing on this issue will be opened for comment on Monday, February 27, 2006 during the Town Board meeting. We are hopeful that we can work together in achieving a result which will be beneficial to all concerned. Very truly yours, /s/ Queensbury Partners Neil S. Swingruber (letter on file in Town Clerk’s Office) MS. RYBA, Executive Director of Community Development led the Town Board through the following: FULL ENVIRONMENTAL ASSESSMENT FORM, PART II IMPACT ON LAND NO 1. Will the proposed action result in physical change to the project site: Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more then 1 year or involve more than one phase or stage. Regular Town Board Meeting, 02-27-2006, Mtg #7 540 Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, NO dunes, geological formations, etc.) Specific land forms: IMPACT ON WATER NO 3. Will proposed action affect any water body designated as protected? Examples that would apply Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body Construction in a designated freshwater or tidal wetland. Other impacts: NO 4. Will proposed action affect any non-protected existing or new body of water? Examples that would apply A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: NO 5. Will proposed action affect surface or groundwater quality or quantity? Examples that would apply Proposed action will require a discharge permit. Proposed action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Regular Town Board Meeting, 02-27-2006, Mtg #7 541 Proposed action would use water in excess of 20,000 gallons per day. Proposed action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed action will allow residential uses in areas without water and/or sewer services. Proposed action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts:. NO 6. Will proposed action alter drainage flow or patterns, or surface water runoff? Examples that would apply Proposed action would change flood water flows. Proposed action may cause substantial erosion. Proposed action is incompatible with existing drainage patterns. Proposed action will allow development in a designated floodway. Other impacts: IMPACT ON AIR NO 7. Will proposed action affect air quality? Examples that would apply Proposed action will induce 1,000 or more vehicle trips in any given hour. Proposed action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS NO 8. Will proposed action affect any threatened or endangered species? Examples that would apply Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Regular Town Board Meeting, 02-27-2006, Mtg #7 542 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 9. Will proposed action substantially affect non-threatened or non-endangered species? NO Examples that would apply Proposed action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES NO 10. Will the proposed action affect agricultural land resources? Examples that would apply The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) Other impacts: IMPACT ON AESTHETIC RESOURCES NO 11. Will proposed action affect aesthetic resources? Examples that would apply Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: Regular Town Board Meeting, 02-27-2006, Mtg #7 543 IMPACT ON HISTORIC AND ARCHAEOLOCIAL RESOURCES 12. Will proposed action impact any site or structure of historic, pre-historic or NO paleontological importance? Examples that would apply Proposed action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed action affect the quantity or quality of existing or future open spaces or NO recreational opportunities? Examples that would apply The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical NO environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14 (g)? List the environmental characteristics that caused the designation of the CEA. IMPACT ON TRANSPORTATION NO 15. Will there be an effect to existing transportation systems? Examples that would apply Alteration of present patterns of movement of people and/or goods. Proposed action will result in major traffic problems. Other impacts: IMPACT ON ENERGY NO 16. Will proposed action affect the community's sources of fuel or energy supply? Examples that would apply Proposed action will cause a greater than 5% increase in the use of any form of energy in the municipality. Regular Town Board Meeting, 02-27-2006, Mtg #7 544 Proposed action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO Examples that would apply Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Proposed action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed action will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON PUBLIC HEALTH NO 18. Will proposed action affect public health and safety? Examples that would apply Proposed action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. Proposed action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD NO 19. Will proposed action affect the character of the existing community? Examples that would apply The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Regular Town Board Meeting, 02-27-2006, Mtg #7 545 Proposed action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed action will set an important precedent for future projects. Proposed action will create or eliminate employment. Other impacts: 20.Is there, or is there likely to be, public controversy related to potential adverse NO environmental impacts? RESOLUTION ENACTING LOCAL LAW NO.: 1OF 2006 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO AMEND LANGUAGE CONCERNING THE PURPOSE AND ESTABLISHMENT OF PROFESSIONAL OFFICE (PO) ZONES AND THE AMENDMENT OF TOWN CODE TABLES 1, 2 AND 4 CONCERNING SUCH ZONES RESOLUTION NO.: 121, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2006 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to: § 1)amend language in Town Code 179-3-040 entitled “Purpose and establishment of zoning districts,” concerning the purpose and establishment of the Professional Office (PO) Zone; 2)amend Town Code Use Tables 1 and 2 to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 3)amend Town Code Use Tables 1 and 2 to require all non-residential uses within the PO Zone to be sited only within 1,000 feet of Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 4)amend Town Code Use Table 2 to provide that personal service businesses are allowed as accessory and subordinate to a professional office and that any service facilities shall be located/housed within the professional office building; Regular Town Board Meeting, 02-27-2006, Mtg #7 546 and 5)amend Town Code Use Table 4 to clarify the density for multi-family dwelling units and clarify the floor area ratio requirements for office uses; and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, and rd WHEREAS, the Town Board duly held public hearings on January 23 and th February 27, 2006 and heard all interested persons, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing the Long Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Long Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a SEQRA Negative Declaration and authorizes and directs the Town Clerk’s Office and/or Community Development Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2006 as presented at this meeting to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to: § 1)amend language in Town Code 179-3-040 entitled “Purpose and establishment Regular Town Board Meeting, 02-27-2006, Mtg #7 547 of zoning districts,” concerning the purpose and establishment of the Professional Office (PO) Zone; 2)amend the Town Code Use Tables 1 and 2 to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 3)amend the Town Code Use Tables 1 and 2 to require all non-residential uses within the PO Zone to be sited only within 1,000 feet of Bay Road, Sherman Avenue, Western Avenue or West Mountain Road; 4)amend Town Code Use Table 2 to provide that personal service businesses are allowed as accessory and subordinate to a professional office and that any service facilities shall be located/housed within the professional office building; and 5)amend the Town Code Use Table 4 to clarify the density for multi-family dwelling units and clarify the floor area ratio requirements for office uses; and BE IT FURTHER, RESOLVED, that this Local Law shall be effective immediately and shall apply to all property in the Town’s Professional Office Zone other than any project which has received all necessary approvals and for which actual construction has already substantially commenced prior to this Local Law’s effective date, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Boor NOES : Mr. Brewer, Mr. Stec ABSENT : None LOCAL LAW NO.: 1 OF 2006 Regular Town Board Meeting, 02-27-2006, Mtg #7 548 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO MAKE REVISIONS TO THE PROFESSIONAL OFFICE (PO) ZONE AND TABLES 1, 2 AND 4 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: § SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” 179-3-040 entitled "Purpose and establishment of zoning districts" is hereby amended as follows: § 179-3-040. Purpose and establishment of zoning districts. D.Other Districts. (1)Mixed Use MU. The MU District encompasses areas where mixed residential and commercial uses are encouraged. By mixing uses, the Town hopes to restore the vitality and vibrancy of these urban neighborhoods. The purpose of this zone is further to allow for a transition in a manner which permits the widening of the West Main Street arterial route, encourages safe traffic patterns, an aesthetically pleasing environment and safe pedestrian circulation. (2) Professional Office PO. The PO District encompasses areas where professional offices are encouraged. These are located along arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to see development of high quality offices where structures and facilities are constructed with particular attention to detail including but not limited to architecture, lighting, landscaping, signs, streetscape, public amenities, and pedestrian connections. The PO District can function as a transition zone protecting residential zones from more intensive commercial uses, while providing convenient professional services to residential neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with adjoining uses and to minimize any negative impacts on adjoining land uses. It is the intent of the PO District to locate residential uses setback a minimum of 1,000 feet from roadways as outlined in the dimensional tables and behind professional offices. It is further the intent to locate all non-residential uses only within 1,000 feet of roadways. SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” Table 1 entitled "Summary of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local Law, to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road and all non-residential uses shall be sited only within 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or West Mountain Road. SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” Table 2 entitled "Summary of Allowed Uses in Commercial Districts" is hereby amended as attached and made part of this Local Law, to require setbacks for residential uses within the PO Zone to be sited a minimum of 1,000 feet from Bay Road, Sherman Avenue, Western Avenue or allonly West Mountain Road, professional office/office buildings shall be located within 1,000 feet of the arterial roadway, personal service businesses are allowed as accessory and Regular Town Board Meeting, 02-27-2006, Mtg #7 549 subordinate to a professional office and any personal service facilities shall be located/housed within the professional office building. SECTION 4. Queensbury Town Code Chapter 179, “Zoning,” Table 4 entitled "Summary of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local Law, to clarify the allowed density for multi-family dwelling units and clarify the floor area ratio requirements for office uses. SECTION 5. 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 6. 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 7. The provisions of this Local Law shall be applicable to all properties in the Professional Office Zone, including any for which applications are currently pending, unless all necessary approvals have been obtained and actual project construction has been substantially commenced. 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. CORRESPONDENCE DEPUTY TOWN CLERK BARBER noted that two letters from Peter Brothers were received and filed in the Town Clerk’s Office and copies were distributed to the Town Board Members. Also received and filed in the Town Clerk’s Office the Annual Report for 2005 from Town Historian. INTRODUCTION OF RESOLUTIONS FROM THE FLOOR – NONE PRIVILEGE OF THE FLOOR 8:15 P.M. MR. JOHN SALVADOR-Would like to support Mr. Sanford’s comments concerning the work that the utility companies performed during the recent power outage… Would like to comment on the areas of planning and zoning which deals primarily in North Queensbury, noting there’s a wrath of projects coming through the Zoning Board of Appeals and the Planning Board. These are projects that are billed as either renovations, remodeling, call it what you will but it’s nothing more then new construction. We have developers, their agents who parade a project past these boards that involves the knock down of the complete living area, the structure retaining only the foundation and we’ve got to come to grips with this. Noted that he has written to Zoning Administrator Craig Brown looking for interpretations on some of these matters, the letter was dated January th 19 and noted that he has not received an answer yet. The Town Board has been copied on that as well as others including the Seaboyer project. That project is bizarre, it’s been mischaracterized by the Planning Staff, it’s been misinterpreted by the ZBA and it’s moving forward and it’s a sin. Take an in-depth look at this and if there’s one ordinance that we need addressed in this town and it’s not a part of the Planning Ordinance and Review Committee agenda, it’s the waste disposal, sanitary and sewer ordinance. Regular Town Board Meeting, 02-27-2006, Mtg #7 550 COUNCILMAN BOOR-Both of the cases that you’ve sited are very relevant, of huge concern to me too. One we haven’t had to deal with yet, and the other one we granted a variance which I would love to take back because it was mischaracterized to us as to what their intent was and clearly they’ve gone in a direction it was very counter to how they portrayed what their project was all about. I’m in the process of recommending and I’ve talked with Mr. Abbate who is the Chairman of the Zoning Board and Mr. Vollaro who is the Chairman of the Planning Board that in the future I want to make sure that when this Board acts as a Board of Health that the minutes of that meeting and that portion of that meeting are directed to both chairmen’s. I think it’s imperative that they have a very clear understanding of why we granted a variance and what we were told when we granted it… MR. SALVADOR-The waste disposal ordinance variance that you refer to Mr. Boor was misrepresented, it had nothing to do with what their future plans were… COUNCILMAN BOOR-I’m appreciative of that and I’m not happy about it. MR. SALVADOR-The codes are clear, it’s the interpretation. MR. RICHARD LINKE, 214 Gurney Lane-Referred to the issue involving the land at Gurney Lane and West Mountain Road, noted that a number of citizens were talking about the idea of keeping that green space and questioned how one would go about the process of getting that idea rolling or is this already being considered. COUNCILMAN STROUGH-We’d all love to see that preserved as woods but there are other properties closer to Rush Pond that some of us are investigating, looking at buying developing rights or maybe buying the property outright and they’re more sensitive then this one. MR. LINKE-I’m asking is this in process to be considered? SUPERVISOR STEC-No. MR. LINKE-There was an awful lot of people who would like to see this happen so how do the people come before the board with this request? SUPERVISOR STEC-Just like you are right now or letters or petitions. COUNCILMAN BOOR-And as we go through the process of rewriting the Comprehensive Land Use Plan and the zoning, there are a lot of meetings and input is taken there and certain locations of town have been identified. So that process, we’re in a time frame where we’re doing the very thing you’re asking, we’re just not doing it for the particular property you’re interested in but that doesn’t mean something can’t be looked at on that property. COUNCILMAN STROUGH-Agreeing with what Roger said, but I’m also trying to put a note of realism here, we can only do so much, we can’t buy every single piece of property that people would like us to buy. I would like to but that’s not realistic and it’s not going to happen. MR. LINKE-That I would disagree with, for you to say that this is not going to happen. I’m just looking for, where do I send a proposal, to the Town Board, to the Planning Board? SUPERVISOR STEC-Communicate it to your Town Board, the Town Board is the body that is authorized to purchase property. COUNCILMAN STROUGH-Also suggested attending the Saratoga Associates Meeting on the town community planning process of updating the Town of Queensbury’s Comprehensive Plan and Zoning Regulations being held this Saturday at ACC, the Scoville Center, there will be ample opportunity at the meeting to express your thoughts Regular Town Board Meeting, 02-27-2006, Mtg #7 551 and feelings about these preliminary plan ideas and the town’s future. What happens is, nobody shows up. MR. LINKE-Where does this get announced? COUNCILMAN STROUGH-It’s on the website. MS. RYBA, Executive Director of Community Development-There’s a flyer right there on the table. SUPERVISOR STEC-It’s been in the newspaper. MS. RYBA, Executive Director of Community Development-For the public, first off the flyers are available making that announcement. Secondly, the Town Board in July 2003 did adopt an Open Space Vision Plan and Map and that does outline quite a bit in terms of, and there was an extensive public participation process there, of some of the priorities and the desires of the community. SUPERVISOR STEC-I’ll also point out in addition to adopting an Open Space Plan in 2003 which was as you pointed out very well attended by the public, the Town Board, I can’t remember the year created the Queensbury Land Conservancy which is a private non-for-profit that we created, the Town does enter into a contract for services with them to provide them some operating funds. However they are non-profit and they can also be contacted and they have the authority to acquire and purchase properties. I know that they usually prefer to receive donated properties however if you can talk them into buying one and there’s interest and people want to contribute funding to the Land Conservancy, that’s another option beyond taxpayer money for projects such as these. Mr. Tucker, before you start your five minutes, I do have good news. Bob Hafner did receive from the attorneys of National Grid a proposed deed for the two properties that you’ve been asking about for several years. He did receive them, he reviewed them and he had some questions which he communicated back to them today. MR. PLINEY TUCKER, 41 Division Road-By authorization from the Town Clerk, I attended a meeting called by Harry Guthiel with Moreau State Park and I asked three questions. One, do you have any money to do any of the stuff you’re talking about and they went into a long spiel about the budget process and when they got all done I asked, do you have any money to do any of this and they don’t. They’re updating the master plan, we had a master plan put together in 1998, 1999 and in that master plan it included a boat launch at the bottom of Hartman Hill, right next door to where all the PCB’s were removed. I asked why we couldn’t get the boat launch put in and the answer I got from the gentleman who was in charge was, we don’t own the property. COUNCILMAN BREWER-Is that where they fenced it in about three or four years ago? MR. TUCKER-Yes. COUNCILMAN BREWER-All the PCB’s aren’t out of there as I understand it. MR. TUCKER-No, they’re not, the gentleman explained to me that they didn’t own the property because of the PCB’s and that National Grid owns the property and now I’m not too sure that this piece that we’ve been working on might not be contaminated with PCB’s, it’s all in the same entire piece. So, that’s what came out of this meeting, that and seven or eight people I guess trying to hang onto their job. The next question, Dan when will you be able to talk in public about this problem with South Queensbury? SUPERVISOR STEC-I think it’s mostly resolved. We authorized a contract this evening. The criminal thing has worked its way through the courts, there’s been a conviction and a sentence handed out. There was a grand jury report; I got the indication at the sentencing that Judge Hall when the time was appropriate he was going to consider releasing the grand jury report. As far as the company itself, we authorized the contract for 2006 with them today… Regular Town Board Meeting, 02-27-2006, Mtg #7 552 MR. TUCKER-What’s been bothering me, and you’ve been quoted several times in the paper about it, a hundred and fifteen thousand dollars missing and no way to trace it. SUPERVISOR STEC-That’s about the sum of it. There’s a hundred and fifteen thousand dollars over a three year period, that could not be properly accounted for and I want to make sure that we’re clear on that, that is not to suggest or to say that all a hundred and fifteen thousand of it was criminally handled. MR. TUCKER-Or any of it. SUPERVISOR STEC-Well, apparently some of it because there is a felony conviction now, a very small part of that hundred and fifteen thousand but most of the rest of it, they don’t know. MR. TUCKER-The auditor found this problem. SUPERVISOR STEC-Right, this is all in the auditor’s report. MS. SWITZER, Budget Officer-There’s a copy of that audit on file in the Clerk’s Office, it’s a public document and it allows the various areas and the concerns. COUNCILMAN BREWER-Pliney, I feel confident that a large majority of it is sloppy bookkeeping. SUPERVISOR STEC-I would agree. MR. TUCKER-Was that money that the town paid the fire company for services or is it money that they earned on the side which you have no control over? SUPERVISOR STEC-No, no that was contractual money, originated as town money. MR. TUCKER-It’s hard for me to visualize there’s no paper trail. Why can’t they find this thing? COUNCILMAN BOOR-Pliney, it’s not what they found, it’s what they didn’t find, that’s the issue and its old history and it doesn’t do any good to rehash it. It was in the courts, it was settled. MR. EDWARD CARR, Woodchuck Hill Road-When I was treasurer of North Queensbury Fire Company in 1995 I think the town contract required all of the fire companies to switch over to a unified budget and more or less a computerized accounting. We’ve also for as many years as I’ve been a member of the fire company submitted independent audits to the town and if there’s a hundred and fifteen thousand dollars missing over three years time, it’s not South Queensbury, it’s the Town Board that’s not doing their job because it’s up to you gentlemen to see where the money’s going and if there’s a problem one year, that’s when you’re supposed to cut it off. I know your positions are taxing and maybe this is a time we might better switch to commissioners. MR. GEORGE RYAN, 955 State Route 149-I heard you all talk about the storm and I had intensive storm damage, one of the reasons why they got the power back on, they didn’t have to get building permits. So here I am sitting with these buildings of mine damaged, I’ve been to the Town Hall and I made an appointment to talk to Craig Brown, it’s been five days and I still have to give him time. But if you were to uphold those same rules for the private individuals like you do for them, I think we’d get a lot more done. I see your roof’s fixed, I don’t know if you had to get a permit but there was somebody up there repairing your roof. MR. SCOTT FRAISER, Route 9L-Referred to the power outage, noting they were out of power for five days, from Friday morning to Tuesday evening. We had people in that fire house twenty-four hours a day and it was open to the public. The ladies from Friday noon time were serving hot meals and the figures that I got, there was well over a Regular Town Board Meeting, 02-27-2006, Mtg #7 553 thousand meals to people in the community. We had nice hot dinners, there was a good variety and probably the cost to us up there that were not looking for would probably come close to the interest that we could have gotten on the money that we had asked for before but I thought they did a good job. Some of the fire guys were out at two and three in the morning gassing up generators for people so it was literally a twenty-four hour a day operation up there, it was a great team effort on behalf of the whole crew up there. I thank you guys for coming up and taking the tour. COUNCILMAN BOOR-Thank you for doing your job, it was above and beyond. SUPERVISOR STEC-Thank you for all your effort, we appreciate it greatly. MS. KATHLEEN SONNABEND-I’ve heard great things about what the fire departments did also and it was great knowing that if my power had been out for a long time, I had a place to go. I do have a question about the fire school that was mentioned in the paper last week, apparently it’s being proposed for the ACC campus and I’m just wondering what we know about that and if we have any say in where this fire school gets placed. If we’re talking about a five story cinderblock building with fire and maybe vehicles set on fire, I’m not sure that this is really the part of town that we really want to see it in, it sounds like something that’s more appropriate for an industrial area. What do we know about this? SUPERVISOR STEC-It’s a county project, it’s been in the work for a couple of decades. MS. SONNABEND-But not at ACC. SUPERVISOR STEC-Yes, actually. The best two people if you’re looking for information is to ask the Chairman of the Fire Prevention Committee which is Supervisor Bill VanNess or Marv Lemery who is the Warren County Fire Coordinator. Those are the two people that know more about this then anybody. MS. SONNABEND-I would say to the board to be proactive about this rather then sit back, wait until it’s forced upon us. COUNCILMAN SANFORD-I would suggest that we be more proactive then wait until they have a proposal. I’ve been getting a number of calls on it, perhaps we should arrange a discussion with the community college and talk to them and get a better understanding on where they’re heading with this and whether or not they’ve thought it through in terms of what location makes the best sense for this kind of an activity… MS. SONNABEND-Whose really the driving force behind this? SUPERVISOR STEC-Warren and Washington County… You need to talk to the Fire Service Committee. MR. GEORGE DRELLOS, 27 Fox Hollow Lane-This is a question for Dan and Tim, I noticed that you voted no on the fire budgets and if I’m not mistaken you voted no on all of them. SUPERVISOR STEC-Tim voted no on all of them, I voted no on three of them. MR. DRELLOS-Okay, is there something in these contracts that you guys don’t like? I mean, why did these three vote yes and you two voted no? COUNCILMAN BREWER-These three decided what money went where, in essence that’s what happened. I just disagreed on how they came up with the dollar amounts and where the dollar amounts went. MR. DRELLOS-So it’s the money. COUNCILMAN BREWER-Absolutely it is. Regular Town Board Meeting, 02-27-2006, Mtg #7 554 SUPERVISOR STEC-For me, my concern was on two of them it was the money, on one of them it was a little more complicated. The language hasn’t changed from year to year, I just think it’s a level of funding that some of us are comfortable with, I don’t want to speak for anyone else but I’ll speak for myself, the funding levels were my main concern. MR. PETER BROTHERS-Would like to give special thanks to the people in the North Queensbury Fire Department, Rescue, they did a great job last weekend and certainly helped our family out especially a lot and it’s greatly appreciated… On this subject, with regard fire companies I hope we can get some resolution, hope that the Board considers his suggestion in regard to the fire company…. Should mention with regard to fire companies and this has been brought up in the past with regard to the shortage of volunteers, we’ve seen this in the paper not only locally but in the national papers as well, myself would be in favor of a property tax exemption for volunteers… With regard to zoning, my letter was mentioned earlier, the Barrington Devine property on Assembly Point, necessary to bring up because it has been a sore point for a lot of people with the way that things are progressing. When people decide to demolish their own parcels and build new ones, that’s fine, that’s an individual’s decision, no problem with it, we even renovated our place. But at the same time, the way the state law is it impacts other people, we were very careful in our own situation to try to take measures where it wouldn’t impact other people. Unfortunately the types of people in many regards that we’re getting now are just coming in here and just bulldozing their places and coming in here and trying to ramrod things down our throats and we have to subsidize their improvements. And specifically the Barrington Devine, they hire well connected real estate attorney who is able to just forcefully, shove things down people’s throats and the rest of the people in the immediate community have to subsidize the approval that is granted. Unfortunately people are often of course loath to challenge such an individual for fear of retaliation or retribution. These same individuals their concerns are then ignored and their treated as radicals for raising legitimate concerns and I think that this is something that needs very serious discussion moving forward because we are going to see more of this…. Regarding the proposed Authority Dan, based on information that we know about Authorities, they operate in secrecy, notorious for bad fiscal management, how do you feel about an Authority being created here to shift the debt of the Civic Center from Glens Falls onto Warren County property owners? SUPERVISOR STEC-I’ve never been accused of being quick to subsidize the City of Glens Falls with Queensbury taxpayer money. I’ve got a pretty strong track record on that that I’ve actually been criticized for but with that said, the devils in the details of what legislation is drafted and asked for and passed by the legislature if it is drafted. I can tell you that from what I’ve seen so far, a lot of the points that you raised in your letter to the editor today were inaccurate, as a matter of fact I was at the County today and there was a lot of people that took great exception to them. There was an open public meeting last Thursday on it that wasn’t well attended by people and perhaps understandably so but in any event we’re at the very beginning of a process that’s a long way from being done, there’s still more details to be worked out before I can fully sign on board. But with that said, the draft legislation that went out prohibits the use of general fund money and it only authorizes but does not require the use of occupancy tax money. So the County Board still has full control over what if any occupancy tax funds could be used for an Authority but no general fund money can be used for the Authority. There are issues with Authorities out there, some are good and some are bad and I don’t know enough about the several hundred of them that are in New York State to pass judgment on all of them but again, it’s still in its early stages. MR. BROTHERS-With regard to sending it on for legislative approval, I think is a huge mistake until the public gets to discuss it or the representatives involved were to talk with their constituents, ask them how they feel about it instead of just liberally just spending our taxpayer dollars without any accountability. MR. DAVE STRAINER, 1124 Ridge Road-I was at that public hearing last Friday at ten o’clock, to have public hearings in the day time when the majority of the public who pay their taxes work and can’t go, to me kind of defeats the purpose but that’s my personal th feelings… I saw with great interest in the Post Star in February 13 that there was a stigma placed on renters and I’ll read what your quote was Dan. “I know there are a lot Regular Town Board Meeting, 02-27-2006, Mtg #7 555 of people that say a lot of negative things about people who rent and that bothers me as a human being, it bothers me that people are that way that they’re so class conscience” and I can’t agree with you more. This is the first time that you’re probably ever going to hear it Dan but I agree with you totally; to be that way towards renters is an awful thing… A couple of comments on the fire tower, for one thing the price tag, one point seven million was extremely high I thought but I think the thing that bothered me most about it was the fact that, and I agree, they do need a training center. It is much easier to learn to interior tact and stuff from a training center, it’s a much safer environment but when I read it, it stated that they were going to use theatrical smoke and they weren’t going to use real fire and I was under the belief that staying with the state courses for the beginning fire fighters, that they had to take two classes where they fought a real fire, had to be in that real kind of situation. Then I read that we’re going to spend one point seven million, it’s the EMS and Fire Building, now I thought we were just spending one point five million dollars for an EMS training facility at West Glens Falls and then the next thing I read is we’re going to build another one up here, it’s kind of a little too much and not needed. But anyways, the whole thing that I thought the fire training center was going to have real fires so these people could be involved in real situations and to just do theatrical smoke, they can do that in their stations. To just have classes, they can do that in their stations. I mean, we’ve got some very nice fire houses… Last comment is on the Authority, I don’t take it quite like Mr. Brothers but the one thing that bothered me with it was the type of people that they were looking to put on to the board. We’ve got a banker and an accountant, we haven’t talked about putting people that actually bring events here, people that actually work in that industry, we’ve kind of totally left them out and it makes no sense to me…. TOWN BOARD DISCUSSIONS 9:10 P.M. COUNCILMAN BOOR-Would like to recommend that TV-8 put the www.queensbury.net right on the screen to avoid the Supervisor having to do it for every meeting. SUPERVISOR STEC-You’re right and it was recommended to me also that we put the date of the meeting on the screen too. COUNCILMAN BOOR-Would like to state that National Grid did do a great job, great effort, just think that in the future I’d like to see the infrastructure go in where it can’t be damaged as easily… The other thing I wanted to bring up, Dan and I had talked in his office with Mike Shaw who is a head of Wastewater for the Town of Queensbury and Bob Hafner our attorney, doing a Map, Plan and Report for Surrey Fields with regards to this property here and running back and I wanted to inform the rest of the Board that that was something that we would be considering and Mike would be authorized to choose the engineer… On another matter, I think we don’t have enough workshops. There are four resolutions that we’re to vote on tonight, 6.3, 6.11, 6.15 and 6.19 that I would have loved to have some discussions with, I’ve got a lot of questions I’d like to ask. SUPERVISOR STEC-You’re right, we usually have two workshops a month and because of the holidays in January and February, we’ve had one each so it does make it difficult but not impossible. COUNCILMAN SANFORD-Noted that he’s received a number of calls from concerned citizens about their neighborhoods and the aesthetics, it comes down to aesthetics. I think over time a number of neighborhoods in this town have gone down hill. I inquired of the town as to what could be done and after going that route for a week or so, I kind of concluded based on what I received from Mr. Brown, not a whole lot, the response I got was there’s no law against being a slob. Well perhaps we should look at laws to try and improve our neighborhoods; I’m going to asking Marilyn’s department to do some research on this. I think what we need to do as a Board is go beyond and look at what other communities are doing to try to preserve the aesthetics… In the same lines, a lady called me up, her husband unfortunately is suffering from a cancer and there’s a person in the neighborhood who owns a tractor trailer and starts it up regularly and the fumes bother a number of the people who live near this person. I called on that one as well and Regular Town Board Meeting, 02-27-2006, Mtg #7 556 the answer was, unless we catch them in the act, there’s not much we can do. Well, you could certainly knock on the door and you can talk to the person about it. I think Queensbury has to deal in a very real way with enforceability and I don’t know if we have or not up till now. I know it was also an issue on isolated cases when I was on the Planning Board. I’m not trying to use this as a reprimand but trying to merely encourage that we all come together and we try to address some of these issues. We are in affluent town, probably the most affluent town in the County of Warren and I think we have an obligation to our taxpayers to address some of these issues… MS. RYBA, Executive Director of Community Development-I’d be happy to sit down with you and talk about a few things. th COUNCILMAN SANFORD-Another issue, a letter here dated January 17 from Mr. John Salvador regarding an appeal for his Foil request which were denied by this Town Board presumably sometime last year because I wasn’t on the board when it took place. I’d like to make sure that we, in a very prompt matter perhaps this next Board Meeting schedule a public hearing or whatever so we can address this appeal and resolve it one way or another. Does that request go to you Dan? SUPERVISOR STEC-Yes, I’m going to need a copy of that. COUNCILMAN STROUGH-Gave an update regarding the senior’s events for the upcoming month… Would like to thank Marilyn Ryba for bringing the summary with the slide show, Building Walking Back Into Our Communities, glad you gave us feedback on that and reviewed check list of how walk able your community is… Questioned status of county’s project of West Mountain Road? SUPERVISOR STEC-It’s still on hold from last year. COUNCILMAN STROUGH-Let’s keep it on hold for a while. COUNCILMAN BREWER-Just a couple of quick things, previous to the snow storm we had I got a call about brush. The Highway Department was out picking up brush throughout the whole town, there was no particular schedule they were out scouring the town. For those residents that have branches down from the last storm that we had, it’s almost impossible to put out now because they’re buried in snow but when that snow goes away, they will be around picking them up… At our next workshop, I’d like to talk about the lighting district extensions that have been put off… Lastly, I was on the phone with NIMO or National Grid, Mike McCarthy, John Murphy and both of them were very helpful. I had residents over in Ward 4 that were without power and Ward 3, they were very helpful. The poles over there are unique, they’re in everybody’s backyards so they were hard to get at but they did manage to get over there and fix them… Along with all the thanks for North Queensbury, Bay Ridge, West Glens Falls also had their fire house open, they all did and I just want to mention and make sure that we didn’t forget any of the fire companies or the emergency squads. SUPERVISOR STEC-Regarding the power outage, again is thirty-six crews in town a reasonable number, I sure don’t know. I know that there are people asking those questions and I’m going to find out but I do know that the thirty-six crews that were working we’re working their tail off and they did a great job. I am personally satisfied also with the communication that I had with the leadership of National Grid as far as keeping me updating as to what their status was and where they thought they were going as well as our Highway Department. I think we almost overlooked, I know none of us meant to the Highway Department and Rick Missita, there were some roads that were closed and they had to go in there once the power was safe to go and do their thing to reopen roads… Noted www.queensbury.net, a lot available on that website… Announced the upcoming Comprehensive Land Use Plan meeting scheduled for Saturday th March 4, Scoville Learning Center at ACC from 9:30 to noon… I do want to say that it is not practical nor in my opinion is it wise for any municipality to try to address solving a controversial land use problem by buying the property. We’ve been asked to do it before, I wouldn’t say we’ve never done it before but certainly other municipalities have found themselves in trouble by taking properties off the tax rolls. I don’t think that that Regular Town Board Meeting, 02-27-2006, Mtg #7 557 will be an issue any time soon in Queensbury but certainly as other members of the board have pointed out, it’s very difficult to say we’re going to buy the property that’s in your backyard and not in somebody else’s and you set dangerous precedent when you do these things. It’s not a decision to enter into lightly; it’s not to say that we won’t ever do it or that we shouldn’t do it if it’s an appropriate fit… Would like to thank TV-8 and Glens Falls National Bank for sponsoring our televised Town Board Meetings… Would like to thank Jennifer for all her patience with the Town Board over the last few months as we meandered through yet another iteration of fire contracts. I appreciate Jennifer’s vigilance and crunching the numbers… The last thing I want to say, if I’ve said it once I’ve said it a couple dozen times, if there are questions with items on the agenda, these agendas are placed in Town Board Member’s boxes by the close of business Thursday afternoon, if there are questions, the staff, myself but in particular the Department Heads are all ready, willing and certainly more then qualified to answer them in advance of these meetings especially when we do have difficulty scheduling workshops. So, if there’s going to be a problem, just in the future COUNCILMAN BOOR-Dan, these weren’t there Thursday, just so you know. SUPERVISOR STEC-I was told they were there Thursday. I was told they’re there every Thursday. COUNCILMAN BOOR-They weren’t there, I picked it up Friday. SUPERVISOR STEC-Caroline is nodding her head it was Thursday. COUNCILMAN BOOR-I picked it up Friday from Pam in her office. SUPERVISOR STEC-I don’t mean to be argumentative about one meeting either. COUNCILMAN BOOR-Well don’t say that they’re there on Thursday when they’re not. SUPERVISOR STEC-Well my experience is they’ve been there on Thursday. COUNCILMAN BOOR-Well I pick them up and I picked it up on Friday at one in the afternoon. SUPERVISOR STEC-In any event, over the weekend or today there are opportunities to call me and I didn’t get any calls from any Board Members about any item. With that said, let’s go ahead and move onto resolutions. RESOLUTUIONS 10:00 P.M. RESOLUTION APPROVING YEAR 2005 SERVICE AWARD PROGRAM RECORDS FOR WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 122, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2005 Standard Year End Administration Services for the Town’s Volunteer Fire Companies Service Award Program, and Regular Town Board Meeting, 02-27-2006, Mtg #7 558 WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Fire Company’s Year 2005 Service Award Program Records, and WHEREAS, the Town Supervisor’s Office has received and reviewed the records from the West Glens Falls Volunteer Fire Company, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2005 Volunteer Fire Company Service Award Program Records for the West Glens Falls Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF LAUREN CARR TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 123, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Lauren Carr to work part-time for the Department as a Water Safety Instructor Aide, and Regular Town Board Meeting, 02-27-2006, Mtg #7 559 WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Lauren Carr is the daughter of Elise Carr, a Town employee, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Lauren Carr to work for the Town’s Department of Parks and Recreation as a part- st time Water Safety Instructor Aide effective March 1, 2006 at the rate of pay of $6.85 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Parks and Recreation, Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN HOVEY POND PARK IMPROVEMENT PROJECT #146 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #64 RESOLUTION NO.: 124, 2006 PULLED INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer DISCUSSION HELD: COUNCILMAN SANFORD-I’ll introduce it for discussion purposes. I would like to table this for a workshop where you could meet with us and have a more detailed discussion rather then doing it tonight. I spoke with you today was it? MR. STEVE LOVERING, Director of Parks and Recreation-Yes. th COUNCILMAN SANFORD-I did receive this dated the 13 it was from you addressed to Jennifer and I’m not saying its necessarily not good value but I was concerned that we have three particular projects here with forty thousand dollars of landscape architecture service all being awarded to Jim Miller of Miller Associates without competitively pricing these out and again, it could very well be there’s good value there but it’s something I want to have a and I think a workshop would be the more appropriate time to discuss this but I think that when you have that kind of magnitude especially in terms of Regular Town Board Meeting, 02-27-2006, Mtg #7 560 the amount of these engineering services visa via the other costs associated with the project. In the case of the Gurney Lane one, professional services to Miller would have been sixteen thousand whereas the site work and the new park structures associated with that project are thirty-eight thousand four hundred. So, you’re talking about a huge percentage of professional services in terms of total project costs. And again, I don’t think I want to bog down this meeting, I would rather hear from you at a workshop and I think we’re going to probably have one next week. SUPERVISOR STEC-No we have a regular meeting next week. COUNCILMAN BOOR-We could have a special one. COUNCILMAN SANFORD-Yea. MR. LOVERING, Director of Parks and Recreation-If I could just clarify one thing, in terming the professional services all going to Jim Miller that’s not correct. The professional services numbers that I’ve used are merely estimates and it’s not all going to one firm Jim Miller. Professional services could be surveying, could be any kind of things that need to be engineered or also landscape architect. So, it’s not all going to Jim Miller per se, these are things that we have a good idea what the cost is but there’s also some things built in there that we don’t know that might pop up, surveying services, surveying can be very expensive. If something is being built it needs to be engineered, if we need to get special specs before it’s built, those things are kind of built in there. But it is actually an estimate, it’s not a hundred percent this is what it’s going to cost you for professional services. COUNCILMAN SANFORD-Again, two things that I thought I had mentioned to you and I thought you were agreeable to show up at a workshop to go over it. I wanted to have a better understanding of just what was being done even though this was helpful. And then two, I did want to specifically focus in on, on how the town, not just in your case but in general awards projects and makes expenditures of professional services. As I mentioned to you, I’ve been on the Planning Board for four years preceding this and there’s a familiar cast of characters that come in front of the Planning Board often, they also seem to be doing a lot of business with the town as well and I just want to make sure that we’re giving other companies the opportunity to be competitive and to perhaps get some of this business as well. MR. LOVERING, Director of Parks and Recreation-I would be more then happy to come to a workshop meeting. SUPERVISOR STEC-Today you indicated timeliness of actions in particular of Hovey Pond, is this going to cause, I mean if we don’t act on this tonight, I don’t see us acting th on this unless we act in a special workshop, until the 20. MR. LOVERING, Director of Parks and Recreation-If you don’t act on it then the time table in order to go out to bid and start a construction period will obviously be delayed, I’m not sure when the next meeting is but until we have approval and have the funding and the project accounts set up, we can’t go out for bid and start construction. COUNCILMAN BREWER-Is this not recreation money or are you using town funds? MR. LOVERING, Director of Parks and Recreation-This particular bunch of money I’m requesting from CIP, the Commission is requesting from CIP funds. COUNCILMAN BREWER-Why would they use CIP rather then their own funds? MR. LOVERING, Director of Parks and Recreation-The balance in the Recreation Assessment Fund is about a hundred and forty-three thousand. COUNCILMAN BREWER-Yea, we did take a big bite out of that last year. Regular Town Board Meeting, 02-27-2006, Mtg #7 561 COUNCILMAN BOOR-I think it’s probably going to be something I like and when I used to sit in on the Recreation Committee Meetings I would know what you guys were doing all the time. In this instance, it’s the first I’ve seen of it and I would have just liked to have seen some maps or some ideas of what you were doing…. I just want to have a better understanding of what we’re doing; I think it’s a good project I just MR. LOVERING, Director of Parks and Recreation-I’m a little new to this process. COUNCILMAN BREWER-Is this amendable to everybody if we were to go ahead and th set the timing into gear, Steve could come in on the 13. SUPERVISOR STEC-That’s our next regularly scheduled workshop. COUNCILMAN BOOR-We can have a special workshop. COUNCILMAN BREWER-Or before that, it doesn’t matter. COUNCILMAN SANFORD-We can set it at a special workshop. COUNCILMAN BOOR-Yea lets just have a special workshop. COUNCILMAN SANFORD-I think we need one. COUNCILMAN BOOR-There’s four total on here I’d like to talk about in a workshop. COUNCILMAN SANFORD-I think a special workshop would make sense. COUNCILMAN BREWER-Let’s name the four resolutions and get them pulled off the agenda if that’s what they’re going to do. COUNCILMAN BOOR-6.3, 6.11, 6.15 & 6.19. COUNCILMAN BREWER-Not 6.4? COUNCILMAN SANFORD-Yea 6.4 as well… 6.11 is an important one we have to talk about, probably sooner rather then later too. SUPERVISOR STEC-6.11 is very vanilla, I can explain that. COUNCILMAN SANFORD-Well it’s not. COUNCILMAN BOOR-It’s not, I had an hour long conversation with Bill Montfort and it’s not. COUNCILMAN STROUGH-Steve, it might not be a bad idea for in the future when they do projects and I do attend some of your meetings when I can, so I probably am more familiar with what you’re doing and it’s great things but having a presentation to the public at the same time to the Town Board in the future for some of these is probably good. It’s good for the Park and Recreation to show your efforts and the commission and their efforts in which you work together and what you’re doing for the community, I think it’s a good thing to air that. What you’re planning on for Hovey Pond and what you’ve done up at Jenkinsville and what you’re planning on doing up at Gurney Lane are all great projects and I think that the public would be as proud of you as I am. COUNCILMAN BREWER-So we’re talking about pulling 6.3, 6.4, 6.11 and 6.15. COUNCILMAN BOOR-And 6.19. MR. LOVERING, Director of Parks and Recreation-If I could just interject something on 6.4 which is the resolution for Gurney Lane, there are some things in there that are critical that we do need the money for and that is pool repairs. Filters, a hundred and Regular Town Board Meeting, 02-27-2006, Mtg #7 562 twenty filters had to be pulled and have to be sent off to a company to be repaired and remanufactured, that’s going to take a couple of months to do. COUNCILMAN BOOR-I didn’t have a problem with that one, just so you know. MR. LOVERING, Director of Parks and Recreation-I thought you said 6.4 you wanted to pull. COUNCILMAN BOOR-No, I don’t have a problem with that. COUNCILMAN BREWER-Well somebody said 6.4 COUNCILMAN BOOR-6.3, 6.11, 6.15 and 6.19. COUNCILMAN BREWER-Why do you want to pull 6.19? COUNCILMAN BOOR-I want to talk about it. COUNCILMAN BREWER-How much do you want to talk about it? I mean, can’t we have discussion tonight about it? COUNCILMAN SANFORD-Listen, I think we’re over due for a workshop. COUNCILMAN BREWER-Understood, this is a street light, what can you talk about, it’s a street light. COUNCILMAN SANFORD-They’re not all of the same priority Tim but again, if you know we’re all of the agreement that we’re overdue for a workshop and if we can schedule a workshop maybe even later this week. COUNCILMAN BREWER-You know, I’m dead set against 6.19, it’s a street light for god’s sake, its safety. What do you need to talk about? COUNCILMAN BOOR-I’ll tell you in the workshop. COUNCILMAN STROUGH-Steve is up here and this is totally unrelated if you don’t mind and Steve has requested that we consider 6.4 because it specifically talks about repairs that need to be done on the Gurney Lane pool and not much else. COUNCILMAN BOOR-We’re doing that one tonight. COUNCILMAN STROUGH-Okay. COUNCILMAN BOOR-We’re not pulling that, tabling that on. COUNCILMAN STROUGH-Well it wasn’t made clear. SUPERVISOR STEC-We have a motion and a second on 6.3. COUNCILMAN STROUGH-6.3, I think we have agreed to table that. SUPERVISOR STEC-Let me recap where you’ve brought us. COUNCILMAN STROUGH-Not me. SUPERVISOR STEC-We have a motion and second on 6.3, if the mover and the seconder want to remove their motion and their second, that is the correct procedural thing. COUNCILMAN SANFORD-Yea, I’m the one who made the motion for discussion and I do want it to go to workshop so I will withdraw it. Regular Town Board Meeting, 02-27-2006, Mtg #7 563 SUPERVISOR STEC-Just as a Roberts Rules Of Order tidbit, a tabling motion does not authorize discussions so if we wanted to table these, you make a motion and a second to table them, there is no discussion and then we vote on tabling them and we would have saved everybody ten minutes of their life tonight. COUNCILMAN BOOR-Well, I thought it was important that we have a discussion on why it’s important that this be discussed in workshop. SUPERVISOR STEC-I’m one hundred percent with Tim that I don’t see the town coming to an end on a street light that the Highway Superintendent is recommending that we install on Sherman Avenue. COUNCILMAN SANFORD-We’re talking right now COUNCILMAN BOOR-Let’s stay on 6.3 COUNCILMAN SANFORD-Stay on 6.3. COUNCILMAN BOOR-6.3 Dan, we’re on 6.3. SUPERVISOR STEC-Alright so we’re on 6.3 again. If you want to make a tabling motion, make a tabling motion. COUNCILMAN STROUGH-No but did you know COUNCILMAN BOOR-We’re pulling it. We’re pulling it, Dan. COUNCILMAN STROUGH-Did you know what 6.3 consisted of? SUPERVISOR STEC-Yes. COUNCILMAN STROUGH-Okay well you knew but you didn’t share it with any of us so okay. SUPERVISOR STEC-Again, make a phone call. COUNCILMAN BREWER-You’ve got the resolutions to read. SUPERVISOR STEC-an email, a courier pigeon. COUNCILMAN STROUGH-I made five phone calls to you, I never got one of them returned. SUPERVISOR STEC-Not in the last week. COUNCILMAN STROUGH-I’ve given up. SUPERVISOR STEC-Well you’re going to have to try again. COUNCILMAN BREWER-Call Steve, it’s his resolution. COUNCILMAN SANFORD-I did call Steve. COUNCILMAN BOOR-We did. COUNCILMAN SANFORD-I called Steve and I told him I thought we’d want to have workshop discussion, he didn’t seem to have a problem with it today and I also went into some detail as to why I thought it was appropriate to do that and went into the concern with the professional services. SUPERVISOR STEC-Alright, unless there’s an objection, I’ll pull 6.3 Regular Town Board Meeting, 02-27-2006, Mtg #7 564 COUNCILMAN BOOR-Thank you. SUPERVISOR STEC-6.4 MR. LOVERING, Director of Parks and Recreation-And the workshop is going to be when? SUPERVISOR STEC-To be determined. RESOLUTION AUTHORIZING GURNEY LANE RECREATION AREA EXPANSION AND IMPROVEMENT PROJECT #157 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #64 RESOLUTION NO.: 124, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Capital Improvement Plan (CIP) Fund No. 64 for future capital projects, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $54,400 for specific capital improvements and certain items of equipment for the Gurney Lane Recreation Area Expansion and Improvement Project to consist of: 1.development of a Park Master Plan; 2.reparation and upgrading of pool (pool resurfacing/filter repairs); 3.construction of shade structures for pool patrons; 4.construction of second pavilion for rental usage; and 5.professional services for all of the above; and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Gurney Lane Recreation Area Expansion and Improvement Project and authorizes expenditures in the total amount of $54,400 for the work described in the preambles of this Resolution, and Regular Town Board Meeting, 02-27-2006, Mtg #7 565 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the establishment of a separate capital project fund for such Project – Gurney Lane Recreation Area Project Fund No.: 157, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 64 in the amount of $54,400 to fund such Project, such funds to be placed into the Capital Project Fund No.: 157 to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital improvement fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Expense Account No.’s: 157-7110-4403 in the amount of $16,000 – Professional Services; and 157-7110-2899 in the amount of $38,400 – Capital Construction; and estimated revenues in Account No.: 157-0146-5031 in the amount of $54,400, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Gurney Lane Recreation Area Expansion and Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 27 day of February, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None Regular Town Board Meeting, 02-27-2006, Mtg #7 566 ABSENT : None DISCUSSION BEFORE VOTE: COUNCILMAN SANFORD-I see in this one there’s professional services in the amount of thirty-eight thousand four hundred dollars, a rather specific number. Do you know off the top of your head whose being paid the thirty-eight four hundred? MR. LOVERING, Director of Parks and Recreation-Professional Service is sixteen thousand for Gurney Lane, that’s for the development of master COUNCILMAN SANFORD-Oh, oh okay I’m reading, I’m reading COUNCILMAN BOOR-Capital Construction. COUNCILMAN SANFORD-Okay, who is the professional services for sixteen thousand for? MR. LOVERING, Director of Parks and Recreation-The professional services, the only thing that’s been allotted so far is forty-eight hundred dollars for Jim Miller to come up with a master plan and then the rest of the money is set aside for surveying work and any kind of engineering work that may or may not need to be done in the future in order to implement the master plan that he develops. COUNCILMAN SANFORD-So Mr. Miller is the go-to guy. MS. SWITZER, Budget Officer-Can I just interject something here. SUPERVISOR STEC-Go ahead, please. MS. SWITZER, Budget Officer-Maybe it will make this whole process a little bit more understandable. This is actually just setting the budget; it’s not actually awarding anything to anyone. So the first step in order for the monies to be expended or to be set up in this account, this is the first step. So where Steve may have a good idea of, not even a good idea, a fairly good idea of how much this will cost nothing has been awarded to anyone. So, I don’t know if that helps in any of these discussions. COUNCILMAN BREWER-That was my point with the previous resolution, if we set the public hearing we can still do that before the public hearing we can have the workshop, all it does is set things in motion. COUNCILMAN SANFORD-Alright, 6.3 has already been decided Tim. COUNCILMAN BREWER-Understood but COUNCILMAN SANFORD-6.4, I appreciate that but the same question only what Jennifer is saying gives partial explanation, good enough explanation for us to move forward. Again, it begs the question, you’re utilizing Mr. Miller and I don’t know if you’re competitively pricing any of this. MR. LOVERING, Director of Parks and Recreation-Well the bid that he put in or the quote that he gave us is under the five thousand dollar threshold for going out to bid for professional services so since it didn’t reach the five thousand dollar limit we weren’t required to go out for competitive bid so that was not done. (vote taken) RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE Regular Town Board Meeting, 02-27-2006, Mtg #7 567 TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SUPERVISOR STEC-Alright there is one correction that I think we need to make before we can properly consider this. Under item number one, the first one the Tee Hill Road and Country Colony Road, it is Country Colony Road there is no upper or lower. This should be properly described as the western intersection of Country Colony Road, not upper Country Colony Road. COUNCILMAN BREWER-I’ll introduce the resolution with that correction Dan. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 125, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding stop intersections at the following locations: 1.a three-way stop intersection at the intersection of Tee Hill Road and Western Intersection of Country Colony Road; th 2.a four-waystop intersection at the intersection of Caroline and 5 Streets; and 3.a four-way stop intersection at the intersection of Hudson Pointe Boulevard and Hyde Court; and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT Regular Town Board Meeting, 02-27-2006, Mtg #7 568 RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th on Monday, March 20, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING REBUILD OF #4 HIGH LIFT WATER PUMP VARIABLE FREQUENCY DRIVE AT WATER DEPARTMENT RESOLUTION NO.: 126, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and th WHEREAS, by Memorandum to the Town Board dated February 16, 2006, the Town’s Water Superintendent advised that during 2005’s emergency replacement of the #3 high lift transformer at the Water Treatment Plant, it was discovered that all of the Water Department’s remaining low lift and high lift drives should be scheduled for rebuild, and WHEREAS, the Water Superintendent has received a quote from Robicon to rebuild the #4 high lift pump variable frequency drive at the Robicon facility and install it at the Queensbury Water Department for an amount not to exceed $29,986., and such cost is included in the 2006 Town Budget, NOW, THEREFORE, BE IT Regular Town Board Meeting, 02-27-2006, Mtg #7 569 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the repair of the #4 high lift pump variable frequency drive at the Robicon facility and install it at the Queensbury Water Department as delineated in this Resolution for an amount not to exceed $29,986., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment be made from Account No.: 40-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING HEARING ON C.J. BECKOS AND GEORGIA BECKOS-WOOD’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING THE MONTCALM RESTAURANT PROPERTY LOCATED AT 1415 STATE ROUTE 9 RESOLUTION NO.: 127, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, C. J. Beckos and Georgia Beckos-Wood (Applicants) have applied to § one year the Town Board for a variance/waiver from Town Code 136-44 for an extension Regular Town Board Meeting, 02-27-2006, Mtg #7 570 of the Town’s connection requirements to connect their Montcalm Restaurant property to the Town of Queensbury’s Route 9 Sewer District, as the Applicants state that there is a change of use issue pending on the property, the current sewage disposal system is working fine and it is regularly maintained, as more fully set forth in the Applicants’ application presented at this meeting, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board will hold a hearing on March 20, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider C. J. Beckos and Georgia Beckos-Wood’s sewer connection variance/waiver 1415 State Route 9 application concerning the Montcalm Restaurant property located at , Queensbury (Tax Map No.’s: 288.-1-52 and 288.-1-53), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicants required by law. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None DISCUSSION BEFORE VOTE: SUPERVISOR STEC-Eighteen months. COUNCILMAN BOOR-Yea, it just, is there a reason why? COUNCILMAN STROUGH-Well change of use. SUPERVISOR STEC-I think yes but I mean it’s usually, I think it has to be one or two years. COUNCILMAN BOOR-Yea and I didn’t know if we did eighteen months. COUNCILMAN STROUGH-Do we know what the change in use is going to be, that’s what I thought your question was going to be. COUNCILMAN BOOR-No, that it’s eighteen months. Unless that’s when they, they actually have a time frame that they’re going to be working in. COUNCILMAN BREWER-So do you want to make it a year or two years? COUNCILMAN BOOR-No, I just want to make sure that we can do that and I’m sure we can. Regular Town Board Meeting, 02-27-2006, Mtg #7 571 SUPERVISOR STEC-Well I’m not sure that we can, that is exactly my question. I think we’re required to pick one or two years. COUNCILMAN SANFORD-I go with twelve months. SUPERVISOR STEC-Right, why don’t we change that if the mover and the seconder are fine with amending that to a one year extension? COUNCILMAN BOOR-That’s fine, yes. COUNCILMAN BREWER-They can always come back. SUPERVISOR STEC-Okay, we’re going to change that eighteen months to one year. Town Board agreed. (vote taken) RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2006 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179, “ZONING” ARTICLE 16 ENTITLED, "ADMINISTRATION" RESOLUTION NO.: 128, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 67, 2000, the Queensbury Town Board enacted Local Law No. 1 of 2000 which Local Law created alternate member positions for the Planning Board and Zoning Board of Appeals so that an alternate member may substitute for a regular member in the event of a conflict of interest or other factor such as illness, vacation or other absences, and WHEREAS, such legislation was authorized in accordance with New York State Municipal Home Rule Law §10 and was specifically intended to supersede the provisions of §§ Town Law 267(11) and 271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest, and WHEREAS, the Town Clerk has advised that such Local Law was duly filed with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that by such filing, the Local Law took effect immediately, and WHEREAS, the Town Clerk has further advised that such Local Law No. 1 of 2000 was inadvertently omitted from the Queensbury Town Code when the current Zoning Law was adopted, and Regular Town Board Meeting, 02-27-2006, Mtg #7 572 WHEREAS, the Town Board wishes to reaffirm such Local Law No. 1 of 2000, but to do so, the Town Board must adopt a new Local Law, and WHEREAS, the Town Board therefore wishes to set a public hearing concerning adoption of Local Law No.: ____ of 2006 to amend Queensbury Town Code Chapter 179, Article 16 entitled, “Administration,” which Local Law shall reaffirm and readopt a Local Law to create alternate member positions for the Planning Board and Zoning Board of Appeals, 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 March 20, 2006, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___, 2006 presented at this meeting, 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 2006 in the manner provided by law. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION APPOINTING TANYA BRUNO AS ALTERNATE MEMBER ON QUEENSBURY PLANNING BOARD RESOLUTION NO.: 129, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and Regular Town Board Meeting, 02-27-2006, Mtg #7 573 WHEREAS, a vacancy for an alternate member position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Tanya Bruno as such alternate member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Tanya Bruno to serve as an alternate member of the Queensbury Planning Board until such term expires on December 31, 2012. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Stec, Mr. Brewer ABSENT: None TOWN BOARD DISCUSSION BEFORE AND DURING VOTE: SUPERVISOR STEC-The Town Board in a very lengthy workshop a few weeks ago interviewed Planning Board, Zoning Board and Rec Commission candidates and we filled all the vacancies except for the second Planning Board Alternate and I believe Tanya Bruno is in the room this evening and she has a strong background certainly. (vote taken) COUNCILMAN BREWER-I will qualify my vote by saying I do agree you have a strong background but I think timing is everything and I think the timing of this appointment is not quite right, so I’m going to say no. COUNCILMAN STROUGH-I say we’re lucky to have somebody like you on the board. COUNCILMAN BOOR-Yes. RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF COMPUTEL CONSULTANTS TO CABLE FRANCHISE FEES RESOLUTION NO.: 130, 2006 PULLED INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor DISCUSSION HELD: COUNCILMAN STROUGH-Now have we been paid this year’s cable franchise fees that we’re entitled to, have we been paid by the cable company? MS. SWITZER, Budget Officer-We just actually received a check today for the remainder of 2005. So we have not received anything for 2006 which is not unusual. Regular Town Board Meeting, 02-27-2006, Mtg #7 574 COUNCILMAN STROUGH-According to the contract, off hand do you know Jen, if you don’t know when is that payment due to the town? MS. SWITZER, Budget Officer-We receive three payments a year and the next payment, we will not get until I believe it’s May of 2006. COUNCILMAN STROUGH-Okay, my question is this, we’re hiring a consulting agency to take a look at our cable franchise fees and we know that we’re going to get paid or we should be getting paid again by the cable company of March 2006, next month. Just what are they entitled to since we expect to get paid so they won’t get what we’re already going to get. COUNCILMAN BREWER-Well it says in their contract, they will John. MS. SWITZER, Budget Officer-Basically what they’re looking for is any discrepancies in what we should have got and what we got. If there are no discrepancies, they get paid nothing. COUNCILMAN BREWER-Yea but it does say in here Jennifer that they will also whenever possible obtain past due payments, I hope they don’t get half of that. COUNCILMAN STROUGH-That’s exactly MS. SWITZER, Budget Officer-They would receive fifty percent of the past due payments as well. COUNCILMAN BREWER-Well then I would say let’s not go into this contract because if they’re going to pay us and I don’t mean to steal his thunder but if they’re going to pay us in May half of their contract agreement and these people think they’re going half of it by sending a letter to them, that’s crazy for us to agree with that. COUNCILMAN STROUGH-Yea, I’ve got to agree. COUNCILMAN SANFORD-I don’t think that’s the intent but I hear what you guys are saying. COUNCILMAN BREWER-No, I don’t think it’s the intent either but let’s … COUNCILMAN STROUGH-It’s not made clear. See what I’m saying, I don’t want them to get half of something that we’re already going to get anyway. COUNCILMAN BREWER-Exactly. MS. SWITZER, Budget Officer-Right but I think first of all we have to figure out what constitutes past due. COUNCILMAN BREWER-Well if it was due in January, it’s past due. COUNCILMAN STROUGH-I don’t mind hiring them for things that we may not have gotten paid for but I don’t want to share what we’re already going to get and we know we’re already going to get with these people. COUNCILMAN BREWER-Can we clarify that? MS. SWITZER, Budget Officer-I can have Bob Hafner look at this and we can clarify that. COUNCILMAN BOOR-Have they in the past received that? MS. SWITZER, Budget Officer-This is a, this was a standard contract that we received from them, we had additional language added to it but what they have in there for past due is Regular Town Board Meeting, 02-27-2006, Mtg #7 575 COUNCILMAN SANFORD-Well you know what, when we have our workshop Jennifer, if you could go back in time, if it’s not going to be too laborious, I’d be interested in knowing just how much they’ve collected under this contract because when I read it I just thought it was a no-brainer, I said what it means is they’re going to be playing around with the margins. In other words, eighty some odd percent of what we’re entitled to get, we’re going to get and then we’re going to have an audit and there will be a disputed amount and they’ll get fifty percent of the disputed amount. It will be very revealing if you go back in time and find out that Mr. Strough and even worse, Mr. Brewer have a valid point here and they’re getting something like fifty percent of the total take. Town Board motions were withdrawn and resolution was pulled. COUNCILMAN STROUGH spoke regarding Resolution 6.11, ‘Resolution Authorizing Agreement With Warren County Board Of Elections In Accordance With New York State Election Law §3-226 Regarding Care, Custody And Control Of Voting Machines And Appliances And Equipment Relating To Or Used In The conduct Of Elections’, Town Board held brief discussion and it was agreed to pull for further review… RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO TH CONDUCT 20 ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO.: 130, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Adirondack Runners Club has requested authorization from the th Queensbury Town Board to conduct its 20 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club th EVENT : 20 Annual Shamrock Shuffle Road Race th, DATE : Sunday, March 19 2006 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of th proof of insurance from the Adirondack Runners Club to conduct the 20 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and Regular Town Board Meeting, 02-27-2006, Mtg #7 576 BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST MOUNTAIN SKI CENTER ON MARCH 10, 2006 RESOLUTION NO.: 131, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Alonzo Fireworks Display, Inc., on behalf of West Enterprises, has requested permission to conduct a fireworks display as follows: SPONSOR: West Enterprises PLACE: West Mountain Ski Center DATE: Friday, March 10, 2006 thth RAIN DATE(S): March 11 and March 12, 2006 TIME: 10:00 P.M. (approx.) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the § Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks permit to Alonzo Fireworks Display, Inc., on behalf of West Enterprises, subject to the following conditions: 1.An application for permit be filed which sets forth: Regular Town Board Meeting, 02-27-2006, Mtg #7 577 A. The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display. B. The date and time of day at which the display is to be held. C. The exact location planned for the display. D. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks. E. The number and kind of fireworks to be discharged. F. The manner and place of storage of such fireworks prior to the display. G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. 2. Proof of insurance be received which demonstrates insurance coverage through an insurance company licensed in the State of New York, and that the Town of Queensbury is named as an additional insured and that the insurance coverage contain a hold harmless clause which shall protect the Town of Queensbury; 3. Inspections and approval must be made by the Queensbury Fire Marshal and the Chief of the West Glens Falls Volunteer Fire Company, Inc., 4. Clean-up of the area must be completed by 10:00 a.m., the following day, and all debris must be cleaned up including all unexploded shells, and BE IT FURTHER, RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in accordance with New York State Penal Law §405, provide: the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one Regular Town Board Meeting, 02-27-2006, Mtg #7 578 hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby (nearly) as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguisher of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT TO ATTEND 2006 AMERICAN PLANNING ASSOCIATION CONFERENCE RESOLUTION NO.: 132, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Executive Director of Community Development has requested authorization to attend the 2006 American Planning Association (APA) National Planning Conference, and WHEREAS, the Queensbury Town Board has authorized allocation of funds for conference expenses within the Planning Department’s 2006 budget, and Regular Town Board Meeting, 02-27-2006, Mtg #7 579 WHEREAS, in accordance with Town Policy the Queensbury Town Board must authorize out-of-state travel by Town employees, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Executive Director of Community Development to attend the 2006 American Planning Association Conference to be held in San Antonio, Texas in April, 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes an increase in the meal allowance(s) for such conference from $47 to $51 per day in accordance with the Town’s Employee Handbook which provides that the Town Board may authorize an increase in meal allowances when the meal allowances are anticipated to be more expensive than the usual amount, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges and that all expenses shall be paid for from the appropriate Town Account. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : Mr. Sanford ABSENT: None DISCUSSION HELD: COUNCILMAN BOOR-Yea I wanted to talk with Marilyn about what it’s going to be, who’s going to be in charge and things like that. MS. RYBA, Executive Director of Community Development-I did attach to a memo the courses involved. This is the same conference that’s been approved every year for the last seven years by the Town Board for either the director or a planning staff member to attend. COUNCILMAN BOOR-And Stuart went to San Francisco last year, is that correct? MS. RYBA, Executive Director of Community Development-Last year, correct and it’s sponsored by the American Planning Association and the American Institute of Certified Planners, it’s their National Conference. COUNCILMAN SANFORD-A couple of comments, again I was not on the board when the budget was approved but I think we’re all trying to make efforts to be financially prudent and I’m not saying that there isn’t some benefit here but as I look historically over the last Regular Town Board Meeting, 02-27-2006, Mtg #7 580 few years at the Planning Development Unit, there’s been a number of tasks which there hasn’t been the capability to do in house and in addition to the costs associated with this conference, there’s also the added costs of a person being out of the office, the leader of the office being out and the associated salary and benefits associated with that. And so you add it all up and you’re probably talking about amount of money over four thousand dollars and you do do it every year, I do have concerns and again, I guess I’ll address those concerns in more detail this cycle around but and again, is this the biggest bang for the buck and I am looking at it for some of the fiscal concerns that I have. So in a way I wanted to have a more detailed discussion with it, it seems like it’s a historical thing or a routine thing that every year somebody goes away, Stuart went to San Francisco and you’re going to San Antonio and it’s not an insignificant amount of money. So, I’m a little bit concerned especially when we’re hiring Saratoga Associates at I thought a hundred and twenty-five thousand dollars, I think it might be a hundred and thirty thousand dollars. MS. RYBA, Executive Director of Community Development-Actually it is more, that’s correct, we did do an amendment for publishing costs. COUNCILMAN SANFORD-Well we could argue that some of that work could have been done in-house and then the same with the Karner Blue Butterfly Study which I was very upset about with because we paid CT Male a pretty good chunk of change for that and never got a product. MS. RYBA, Executive Director of Community Development-Actually that I’ve discussed with Supervisor to put on for an agenda workshop and CT Male is prepared to discuss the next steps. COUNCILMAN BOOR-I don’t want to get off the topic but when you say discuss next steps, not more work they’re going to do for money is it? MS. RYBA, Executive Director of Community Development-Well they have a contract and there is some things that are outlined in that contract, I think they’re eager to finish it, I think that there were a number of priorities that are set for me by the Town Board for example and the GIS build-out study was one that had to be focused on. There are any number of things that come up, I won’t go into too much detail there, other then to say that you know a lot of my priorities are set from day to day and I’m eager to get it completed. COUNCILMAN STROUGH-But also Marilyn, I was on the Karner Blue Butterfly Committee and one of the reasons why it’s been postponed is because New York State has said that they’re going to come out with their management plan which has to serve as a base or at least some kind of a direction for all towns to go in and to my knowledge they’ve been delaying it and delaying it and delaying it and delaying it and we can’t really complete ours unless they have completed theirs. MS. RYBA, Executive Director of Community Development-Well there are different aspects and that’s what we need to talk about in the workshop to what degree you want to go. (vote taken) RESOLUTION TO AMEND 2006 BUDGET – EMPLOYEE SALARY TRANSFERS RESOLUTION NO.: 133, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec Regular Town Board Meeting, 02-27-2006, Mtg #7 581 WHEREAS, the attached 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, and WHEREAS, the Queensbury Town Board has set the Year 2006 employee salaries and so appropriations need to be adjusted accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: 2006 BUDGET ADJUSTMENTS NON-UNION FULL-TIME EMPLOYEES FROM ACCOUNT TO ACCOUNT 001-1990-1010 75,002 001-1110 1010 4,559 001-1315 1010 4,355 001-1330 1010 2,177 001-1355 1010 7,070 001-1410 1010 2,619 001-1420 1010 1,543 001-1460 1010 5,175 001-1620 1010 1,648 001-1680 1010 6,955 001-3410 1010 4,176 001-3620 1010 12,541 001-5010 1010 4,123 001-7020 1010 3,446 001-7620 1010 1,227 001-8010 1010 6,314 001-8020 1010 7,074 TOTAL 75,002 TOTAL 75,002 002-1990-1010 1,500 002-8810 1010 1,500 032-1990-1010 2,110 032-8110 1010 2,110 040-1990-1010 7,879 040-8310 1010 6,137 040-8340 1010 1,742 TOTAL 7,879 TOTAL 7,879 th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None Regular Town Board Meeting, 02-27-2006, Mtg #7 582 (Councilman Boor left meeting room) RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 134, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached 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 Budget Officer’s Office to take all action necessary to transfer funds and amend the 2005 Town Budget as follows: WASTEWATER: FROM: TO: $ AMOUNT: 032-1680-2031 032-8110-1830 855.01 (Computer Hardware) (Wastewater Director) 032-8120-4440 032-8120-1400-0002 42.41 (Sewer Line Maint.) (Laborer OT) 032-8120-4440 032-8120-1470-0002 52.03 (Sewer Line Maint.) (Working Foreman - OT) th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Stec, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Boor RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 135, 2005 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer Regular Town Board Meeting, 02-27-2006, Mtg #7 583 WHEREAS, the attached 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 Budget Officer’s Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: CEMETERY: FROM: TO: $ AMOUNT: 002-9060-8060 002-8810-4070 5,000 th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Boor (Councilman Boor returned to meeting room after introduction of following resolution) RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON SHERMAN AVENUE RESOLUTION NO.: 136, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Highway Superintendent has recommended that the Town Board arrange for placement of a street light on Sherman Avenue near the new Sports Dome due to public safety concerns as it is now a dangerous part of a Town highway maintained by the Town with the aid of the State or County, and WHEREAS, the Town Board concurs with the Highway Superintendent’s recommendation and therefore wishes to arrange for placement of a street light on National Grid Pole #54 on Sherman Avenue near the Sports Dome in the Town of Queensbury, and WHEREAS, such light would be located outside the boundaries of any Town of , Queensbury Lighting Districtand Regular Town Board Meeting, 02-27-2006, Mtg #7 584 WHEREAS, in accordance with New York State Highway Law §327, the initial action for such a light is a proposal for submission to the New York State Commissioner of Transportation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the area of Sherman Avenues described above is a dangerous portion of a Town road and authorizes and directs the Town Supervisor to submit a proposal to the New York State Commissioner of Transportation seeking approval for lighting the area as described below, and BE IT FURTHER, RESOLVED, that the proposed lighting shall consist of the installation of one (1) 250 watt high pressure sodium lamp on National Grid Pole #54 on Sherman Avenue in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for such lighting shall be paid for from the appropriate General Fund Accountas will be determined by the Town’s Budget Officer as such street light is not located within a Town of Queensbury Lighting District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to make all necessary installation arrangements with National Grid and the Town Supervisor and/or Budget Officer to take any other action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the lighting of a portion of Sherman Avenue as described above, which approval is contingent upon obtaining approval of the lighting from the New York State Commissioner of Transportation and shall not take effect until such approval is received by the Town. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Regular Town Board Meeting, 02-27-2006, Mtg #7 585 NOES : None ABSENT: None DISCUSSION HELD: COUNCILMAN BREWER-I don’t know what the problem with this is. SUPERVISOR STEC-I don’t know either but my question is, is this district issue where this is outside of a district? COUNCILMAN BREWER-It is. COUNCILMAN SANFORD-How much are we talking about? COUNCILMAN BREWER-We’re talking about twenty bucks a month if it’s that. COUNCILMAN SANFORD-The light itself. COUNCILMAN BREWER-The light is probably about a hundred and fifty bucks. COUNCILMAN SANFORD-It’s no big deal, the reason I had a concern about it was that when this went in front of the Planning Board I know if it involved a traffic light or something along those lines, we would address it with the applicant and it would be factored into the project approval and yet as I understand the need for this light is, is pretty much exclusively because of the sport dorm. COUNCILMAN BREWER-No, not necessarily. I got calls from residents over in that area, there’s a rise in the road which indicates that there’s a dip in the road. When you come up that rise, you can not see coming from the west. The residents asked about a light. I went to the attorney’s office to find out if it’s in a lighting district; it’s not in the lighting district. I went to the Highway Superintendent and told him the story, he said we should have a light there, it’s dangerous, you can not see so Rick indicated that he would send a letter. COUNCILMAN SANFORD-He does and he says the dome on Sherman Avenue, that’s how I COUNCILMAN BREWER-I think he more so used that as a location for it and the high point of the road. COUNCILMAN SANFORD-Okay well it’s not a material amount of money and if it is going to contribute as safety, I just wanted to get that clarified. COUNCILMAN BREWER-All you got to do is ask. (vote taken) RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF FEBRUARY 27, 2006 RESOLUTION NO.: 137, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Regular Town Board Meeting, 02-27-2006, Mtg #7 586 WHEREAS, the Queensbury Town Board wishes to approve the audit of bills rd presented as the Warrant with a run date of February 23, 2006 and a payment due date of th February 28, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a rdth run date of February 23, 2006 and payment due date of February 28, 2006 and totaling $508,158.57, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of February, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION TO ADJOURN MEETING RESOLUTION NO.: 138, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns it’s Regular Town Board Meeting. th Duly adopted this 27 day of February, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None No further action taken. Regular Town Board Meeting, 02-27-2006, Mtg #7 587 RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY