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2007-01-29 SP MTG4 110 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 SPECIAL TOWN BOARD MEETING MTG.#4 JANUARY 29, 2007 RES. 71 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER Members of Queensbury Central Fire Company, West Glens Falls Fire Co. and North Queensbury Fire Co. Members of the Queensbury Ethics Board Supervisor Stec-Opened the Meeting. Asked for a moment of silence in memory of Assemblywoman Sayward’s son who was killed in an accident this past Saturday. Councilman Sanford- Next Workshop have presentation from Kyle York Hudson River PCB’s -also requested an agenda item, how the Board will set agenda’s moving forward. Supervisor Stec-Noted Mr. York will be on the agenda at the next workshop and we may discuss agenda items at this meeting if there is time. DISCUSSION: QUEENSBURY CENTRAL FIRE COMPANY BUDGET Supervisor Stec-2006 Contract was $555,000 our budget was a four percent increase in operations and with debt we budgeted $620,920 for 2007 you requested $703,000. Noted th if a number can be agreed upon the Public Hearing will be February 26 with checks thth being ready on February 28. On February 5 there will be a resolution authorizing the second twelfth. Councilman Sanford-I have explained how I have taken 2005 audited statement and adjusted it so that it reflects true cash expenditures I have come up with a number. Explained how he came up with his proposed budget figure of $563,305. Representative of Queensbury Central-Would like you to take the $563,305.00 and add in the $103,000 and that would be a good starting figure. There are unique purchases that are included in the $703,000 we believe that there needs to be a manpower study in terms of volunteerism – we are just shy of seventeen hundred calls this year – that is $15,000 for the study. Supervisor Stec-If we decide to do the study it would be town wide out side of your budget. Representative of Queensbury Central-We had put $25,000 in the budget to do an expansion of the garage. Spoke in the future a needed expansion for storage. We need to seal coat at Station One and door opener replacements at both sites at $13,400. Also replacement of tables and chairs in meeting hall at $10,936. That would be $64,000 of unique expenses if those were taken out there would be a base budget of $640,000. Supervisor Stec-The town had a base of $621,000. for Queensbury Central. Councilman Sanford-Asked if there was a policy regarding debt? Representative of Queensbury Central-Our policy is has always been to avoid debt. 111 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Representative of Queensbury Central-We have $113,000 in the vehicle fund, our fund raising as of the end of the year was $45,000. in our operating budget we ride to a certain degree on the seat of your pants from year to year until we get our contact. Councilman Sanford-Noted he would like to know the cash flow. If you are going to be making expenditures of a non operational nature that isn’t debt service we just need to know the complexion of it and know if there is anything that you have on your balance sheet that can satisfy some of those acquisitions. Councilman Brewer-The fund raising money is off limits to us, it is your money, but the hundred and thirteen thousand I do not know why we couldn’t use on the truck or whatever. Councilman Boor-I agree with you. Representative of Queensbury Central-There is a cash issue that we have in our budget this year there was cash associated with the financing of the tower truck and it started in st July 1. there is sixty four thousand approximate, that is sitting in the bank and at the end of the year, it is ready to be applied against debt. Our contract says we can apply it against debt. Do we put the sixty four thousand toward the tower truck or do we put it toward the debt on 315 do we put it toward the debt on the mortgage? Supervisor Stec-The contract doesn’t say, but common sense is pay off the higher one. Councilman Brewer-Questioned if the sale of 319 was put onto the purchase of 315? Representative of Queensbury Central-Yes. Regarding the tower when we sell the truck our intention is the proceeds of that will be used to reduce the debt, to reduce the largest interest. Our intention with Truck Fund is to eventually replace our brush truck. Councilman Brewer-I would rather you have you put the improvements into your building and buy the chairs from the truck fund. Supervisor Stec-Ten percent is on the high side for operational for me. Representative of Queensbury Central-Call volume 2004 = 1,074 2005 = 1,203 2006 = 1,674 Supervisor Stec-The manpower study is not something that we would expect you to pay for, in regard to the garage expansion $25,000, 13,400 for seal coat and door openers and tables and chairs at $11,000 sums up to $49,400. Do we want to allow you to use vehicle fund to cover those items outside your contract, if we did that your base comes to 640,000, we had a number at 621,000 do we want to negotiate between? Councilman Brewer-Questioned the communications budget, what is being purchased? Representative of Queensbury Central-We have computers in the trucks, replacement of portables and radios, and pagers it is a rotation basis. Councilman Strough-They take care of high dynamics of this town, Quaker Road, Route 9 really generates the sales tax that runs this town. Board agreed to use the truck fund for garage expansion, seal coat, door openers and tables and chairs. Supervisor Stec-We will move forward with that, at $49,400. from the truck fund. Discussion held regarding man power issues and response times… we need an expert to evaluate the situation. Board agreed to base of $630,000 plus the $49,400 from the vehicle fund. Resolution will be to set the public hearing. 112 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 DISCUSSION: WEST GLENS FALLS FIRE COMPANY BUDGET Representative of West Glens Falls Fire Co.-Presented to the Board a change in their purchasing policy. Supervisor Stec-Your 2006 contract was $430,000 the town budgeted $438,584 for 2007…noted 4% was tacked on to operations….your requested budget was $457,309. Representative of West Glens Falls Fire Co.-Noted error in requested budget it should have been $462,809. The $27,820. which is not reflected anywhere that is for gear at the last meeting we were going to add into the budget, this is the balance for the rest of the year, so that would be added into the new proposal going forward which is part of the 506,000. otherwise we would be $478,903. Noted some items went up some went down. Down in Office equipment, office supplies, up in professional fees, up in small equipment, telephone and utilities we have taken big hits on those that had to come up, the gas and oil went a 150% over our budget in 2005 and 06 that is why that went up. Vehicle expense, we have taken a hit on that, that has gone up, EMS supplies we have not had that before we are asking for $3,000. and $27,820. which is for the gear. Salary eliminated for treasurer. Councilman Sanford-Re: insurance questioned why from 2006 to 2007 there is no 25% reduction? Representative of West Glens Falls Fire Co.-From our standpoint with insurance we have been working with the same company for a long time they are good to us making sure that they pay out on the claims timely they investigate our stuff properly where possible they give us the benefit of the doubt first and they follow up. Councilman Sanford-I did my own research and I understand the normality of your premiums they make sense to me. Questioned if there was money in the truck fund? Representative of West Glens Falls Fire Co.-We have $40,000. we want to use for the gear of $27,820. twenty sets. Councilman Brewer-Why don’t we use the total of $40,000 to buy as many as we can? Representative of West Glens Falls Fire Co.-Then we would only need ten sets for next year. Supervisor Stec-The only thing I would caution is that five or seven years from now unless you phase them in you will be in the same spot to get them all at once. Representative of West Glens Falls Fire Co.- In 2008 we would start a phase of five or six every year automatic. We will back out the $27,820. we are down to $478,903. West Glens Falls Fire Co. and the Town Board agreed to use the vehicle fund for the purchase of the gear. Supervisor Stec-We are now at a 20% increase in operations. Representative of West Glens Falls Fire Co.-From 06-07 there is a deference of 11% and that is with everything. Councilman Sanford-Reviewed his proposal of $445,000. Representative of West Glens Falls Fire Co.-Spoke on Attorney Fees if the districts are not going to happen this year we can cut back $4,000. 113 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Supervisor Stec-Noted the debt number we have been using over the last several years was $157,741. Representative of West Glens Falls Fire Co.-Operations is at $288,142. Councilman Sanford-Using the $40,000 for gear and building improvements and a contract amount of $450,000. The 2006 contract was $430,000. Councilman Sanford-Reviewed the 2005 end of year cash balance questioned what the cash balance was in 2006. Representative of West Glens Falls Fire Co.-We had a hold over year 2005 where we switched accounting from the middle of the year to the end of the year and we used the money to pay down the debt. That is why we went from 441 to 430. Some of the money that was in the bank has to sit in the bank because we never get our check to pay our January and February mortgage on time. Supervisor Stec-Councilman Sanford has floated a figure of $450,000 where does the Town Board sit on that number? Councilman Sanford-Of the 40,000 in the truck fund, use $27,800. for gear and the rest would be applied to other cash flow needs. Councilman Brewer-We will be back to where we started from next year, we will be at a point of twenty thousand dollars again. Supervisor Stec-Use the $40,000 gear and building improvements. Representative of West Glens Falls Fire Co.-Single year agreements is ridiculous. Three year contract with a clause to get out. Councilman Strough-The truck fund is the one thing that takes the extremes out of this budget modulation it is something that is inevitable something that you should plan for is the truck purchases and especially with interest rates going up. It is going to end up costing the taxpayer more money in the long run, I believe, by getting rid of the vehicle funds. Forget using the truck fund, let’s add another twenty thousand dollars to your budget above what it was last year. Councilman Sanford-Spoke about catch up for West Glens Falls Fire…suggested budgeted amount at $450,000. Representative of West Glens Falls Fire Co.-Noted fund raising money has carried the company for many years, that money is gone. Bottom line is $462,809. also using the truck fund. Councilman Brewer-Do we have a deal at $455,000? Representative of West Glens Falls Fire Co.-If we can agree on $455,000 plus the $40,000 truck fund, it is going to be tight we may be back asking during the year for something else. Councilman Strough-I was not happy with the $450,000 or using the truck fund. Supervisor Stec-I think $450,000 is plenty. Councilman Strough-$455,000 and no use of the fund balance. Representative of West Glens Falls Fire Co.- Number of runs. 2006 245 EMS 13 Structure 58 Landing zones 3575.75 man hours. Total calls up 10% from 05 to 06 Board agreed to go to public hearing at $450,000 plus $40,000 truck fund…. 114 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 DISCUSSION: NORTH QUEENSBURY FIRE COMPANY CONTRACT Supervisor Stec-Budgeted amount of $315,000 If the Town Board creates a fire district for North Queensbury this year that we want you to repay the truck payments that we made in 06 and 07 plus or minus $80,000. I think that there was some concerns about adding it in without having a face to face on it or exactly how that $80,000 was to be repaid. Representative of North Queensbury Fire Co.-We think 2006 is a done deal, 2007 we drew up in the event that a North Queensbury Fire District is formed and the Fire Company will pay the Town the funds the Town gave the Fire Company in 2007 that was to be used for Capital Equipment acquisitions. The re-payment amount shall be pro-rated to the date that the Fire District approval is granted by the Town Board and adoption of such final order by the Town Board is certified. Re-payment shall be made payable within a hundred and twenty days after the organizational meeting of the North Queensbury Fire District. I do not see how you can go into 2006. Councilman Boor-Questioned the pro-rata. There is no vehicle that has been purchased. They are not pro-rated until they are used. Councilman Sanford-If you form a fire district then it is the fire districts responsibility to purchase their equipment. Why should the taxpayers of the collective town be contributing to a reserve fund for you when in fact you have not made the acquisition? Representative of North Queensbury Fire Co.-There are a couple of things that we do have to clean up, if a fire district is formed we will be under the discretion of the Town Clerk, they will be handling a lot of the work so we will be delayed for no one can go out and get the money ; number 2 we will have an attorney look at exactly the wording it might not be the fire district paying you, it might be a fire company that is paying you, because a fire district will not have money. Supervisor Stec-Once the district is formed, the Company would be paying back whatever number we land on. Councilman Sanford-Another thing we could do is just not make the contribution toward the truck fund until after it is resolved one way or the other whether there is a district. Supervisor Stec-The forty thousand did not go into a restricted vehicle fund last year, it showed up in their operations. Councilman Sanford-When you had debt the town took care of it, now you do not have debt and you want us to pay you cash in lieu of having debt why does that make sense? Representative of North Queensbury Fire Co.-Why should you pay more for something when you do not have to by saving for it today. Councilman Sanford-To do business with you I am, I am paying more than I have to because basically you do not have a debt and we are giving you money as if you do have a debt. Representative of North Queensbury Fire Co.-We are being penalized for being fiscally responsible. Councilman Boor-I think we are in agreement that 2006 you keep. In 2007 I do not think we will give it to you until we see where this is going. 115 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Councilman Brewer-Let our Attorneys draw up the contract to say if there is a district formed we do not give them the money if there isn’t the third payment we give them the forty thousand. Supervisor Stec-I will e-mail our Attorney tomorrow and I will copy the Town Board Members. Representative of North Queensbury Fire Co.-We would also like to request that the contract payment schedule that was agreed upon by the Town Board in 1994 as far as our mortgage payment is concerned. Supervisor Stec-We give you a third, a third a third. Representative of North Queensbury Fire Co.-Not according to what the Town Board said in 1994. The mortgage is paid in one payment a year, and that saves interest, that is made early in the year so that eighty thousand one hundred and some odd dollars is paid then. In 1994 when that was organized with the Town Board we will make the one shot to you in the beginning to make the payment. Supervisor Stec-When did it change to the way we are doing it now? Representative of North Queensbury Fire Co.-I cannot answer that. Supervisor Stec-We standardized these contracts about three years ago so they are boiler plate. DISCUSSION: ETHICS CODE AND MEMBERSHIP Introduction of Members of the Ethic Board - Paul Abess, Dick Merrill, Kathleen Irion, Tom Haley, Gordon Ostrander Supervisor Stec-Noted of the five member ethics board only two are in unexpired terms Gordon Ostrander and Paul Abess We tabled the resolution to reappoint the three that had expired in December. Membership criteria-four town board members need to agree to appoint. Would like to see the Ethics Board make some recommendations to the Town Board on Membership and strengthening the Ethics Code. Chairman of the Ethics Board Paul Abess-We deal on average two complaints a year. The five of us have been working together for a number of years and work well as a team, we feel we all have something to contribute I think we are all very ethical and all very capable. We meet quarterly, and everything is working well. We were surprised when we understood that the Board wanted to make some changes and it was bothersome to us because the interest in changing came when there was a decision involving a Board Member, between two Board Members. We try to keep politics out of it we do not look at the politics and we try to avoid the politics but we thought we were put in a precarious position by having one Board Member file a complaint against another Board Member. The leverage that we have in resolving and getting people to go along with our decision really is in the fact that it does not go public if they agree to whatever the resolution is that the Ethics Board decides. When it already goes to the public and it is already been open to the public and at an open Board Meeting that puts us, it brings politics into it and that is really what I related to Dan I was not happy with the way. I do not think the system that we have the Code and the procedures that we have really work when you get a Board Member having a conflict with another Board Member. I want to see some changes in that. I thought it was better in that situation to bring both the Board Members in, right a way and have them both say exactly what was going on and get an opinion from the Ethics Board. I really think the purpose of this Ethics Board isn’t to resolve spats between Board Members the purpose is to represent the public. When the public has a problem with an official I think that is really what our purpose is, so they have a voice it is not really to resolved differences between Board Members. We are a lot more comfortable with that and we kind of feel that we are being dragged in to this political process. I think that is what a lot of this dissatisfaction stems from the fact now that 116 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 maybe I think the interest in making some changes in it. I think it is a good idea to make changes and to review how things are going, but I think a wiser way to do it is to bring the Chairperson in or some board members and say how are things going what should be changed, we are not happy with this what can we do about this. It is a difficult thing to do because an Ethics Board works better when it is really not open to a lot of supervision because, again the only leverage that we have is that it going public, if a decision is made that somebody is doing something that is unethical. Generally in the decision involving John and Tim I think I really think we did a good job with that one but I think we didn’t do a good job with that one because we were not at full strength because one Board Member accused himself, another Board Member had a death in the family, We had two other major complaints that we were working on that involved a lot of investigation and I think what we really messed up on that particular one was I think we should have said, because I think Tim used the decision as something against John but we really did not intend it to be that way we really meant it to be that what John was doing, what the complaint was we did not think it rose to being unethical. But we should have said that right up front that should have been the first thing we said in the decision. We did think it gave the appearance to some people that may give the appearance to some people and that is really what we should have said and we did not think it rose to the standards of being unethical but it does give the appearance to people that it could be unethical. Councilman Sanford-I hope that you don’t think that the reason that we are having this discussion tonight is because of a single compliant that was filed to this board. That is not the case. Councilman Boor-There is no complaints. Councilman Sanford-What I think some of us are concerned with is the perception of the constitution of the ethics board and the desire to have it be perceived as being totally as objective as possible. To me perception can be more important than reality at least in terms of how the public looks at things. I think you are all very honorable people. If you have people on the Board that have had a very active political careers or are active in a particular party on the committee and what have you. If part and parcel of many of the ethical issues that people are grappling with deal with politics by definition then to keep that squeaky clean perception is problematic. In the perfect world if only people were totally A political that would be good from the perception point of view, I do not believe that is the case. Despite the fact that you may conduct your business in a very honorable way presents problems. Representative of the Ethics Board-You appeared before us. Councilman Sanford-That is right, I thought you people treated me very appropriately. I was charged with a really bogus, it went public first and I met with you guys and you wrote a very nice letter saying you thought it was politically motivated and it was inappropriate and there was no basis to it. I think you are all very honorable people here but the perception is also something that has to be dealt with. We are not talking about you as people because I really applaud the fact that you did not get caught up in that. Representative of the Ethics Board-Have you received any complaints regarding that perception, has someone said to you what is with these people are all republican committee members or they ran for office or … Councilman Boor-I think the issue that made it problematic is I believe that two people on the Ethics Committee wrote political letters endorsing Mr. Strough’s opponent, not only did you write letters but they were factually very incorrect. That is when I said this was not good because both of these guys are on the Ethics Board. Representative of the Ethics Board-So, we as citizens cannot express our views? Councilman Boor-You can express all the views you want but if you are going to be on an Ethics Board and you are going to write a letter and you are going to make false statements about somebody on the Board and then that person has to go before you I think there might be a problem with that. Do you not see it that way. 117 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Representative of the Ethics Board-There are five on the Board we all have different thinking one person does not run that board. Councilman Boor-People have said isn’t that guy on the Ethics Board. Representative of the Ethics Board-I think that does create a problem if you are expressing political opinions about a certain person and that person does have to comes before the Ethics Board. Councilman Boor-To avoid those kinds of things, no one is trying to slam anybody we are talking about the question was asked has anybody ever said anything? Yes, people have, people have said I cannot believe that they would write that letter. Supervisor Stec-You have two cases a year, how often does a political figure become, is it usually something other than that? Representative of the Ethics Board-Yes. Supervisor Stec-Noted that he had a very positive experience with you all as well I thought you handled the situation very well and that was six years ago. If we run into an issue on the Town Board where you say I have a direct financial issue in that, and I need to recluse myself I guess perhaps instead of throwing the baby out with the bath water that 1. it does not happen that often 2. when it does certainly someone ought to recluse themselves if that is the case or perhaps one of the things we should say is if you are a member of the Ethics Board while you are an Ethics Board member you need to refrain from public politics. If you are on any Board there are certain rights and privileges that you may need to sacrifice or give us in order to serve on that Board. There is a solution here. My experience with the five of you as an Ethics Board was also very positive but perception is an issue. Councilman Brewer-I would make a recommendation that the work that John has done give it to the Ethics Board and let them look at it and talk about it with or without you or two people on the Town Board maybe there can be some good out of it maybe there is not. Councilman Strough-I thought the Town Board should talk about this first, and certainly I welcome the input of the Ethics Committee. What I am offering is characteristic of what most towns already have, the Town of New Paltz, Clifton Park, Saratoga and many others, so insure an impartial and dispassionate membership. No member of the Ethics Board shall have any direct or substantial financial interest in any work or business or official action by the town. We currently do not have that, we have a problem with that. Should not have endorsed, supported, opposed or worked on behalf of any candidate or measure of any Town of Queensbury election. Seek public office or have been a candidate for public office. Hold office in any political party or political committee or be a member of any organization or association organized primarily for the purpose of influencing legislation or decisions of public agencies. Hold any other office or employment either state or local government or have a direct familial relationship with a town employee. Now is there anything there that is unreasonable? Supervisor Stec-I do not understand how a past candidate for public office, I am sure exactly what is meant by the fourth bullet because what are we talking about here, we are talking the holding of office in any political party, now does that mean any committee member or an officer, I am also going off from what you said in the draft code language. We have got people that are past candidate, past Board Member, past candidate, committee members, I am not arguing against any of this I just want to make sure I understand. Councilman Strough-First of all this is meant for Town Board discussion and it is a draft. I do not think that somebody that is on a particular political committee can be dispassionate if you are dealing with somebody that is otherwise. 118 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Representative of the Ethics Board-I disagree with you. Representative of the Ethics Board- I think it might be difficult for some of you to understand or believe that when we go into the Ethics Committee Meeting the politics does not come with us. Councilman Strough-Why do other towns have this language in their Code of Ethics? Representative of the Ethics Board-I do not know, we did not make the regulations. We went by the Code that was given to us. Representative of the Ethics Board-There are some good points that you have, those towns are much larger than our town aren’t they, don’t they have a lot more people to choose from? Councilman Strough-What is wrong with requesting that and lets keep in mind we want impartial and dispassionate people. Councilman Sanford-Gave a comparison, that of jury selection. You may check your political affiliation at the door but you have that political affiliation. Representative of Ethics Board-Didn’t we prove that we are ethical when you came, we listened to what you said. Councilman Sanford-I had a very as I said before to a degree that you can have positive experience going before an Ethics Board I actually enjoyed myself. You did a great, great job, it is not about you. Representative of Ethics Board-Revision is a good idea what you are looking at here is five people that have been doing a good job and they are seeing that these rules are all of a sudden if you revise them, they are no longer considered ethical. Councilman Sanford-They can think of themselves as being very ethical but perhaps not appropriate people to serve on the Board. It comes down to again whether you are or are not just people it comes down to whether or not there is a perception of something that could be inappropriate. You not only have a strong political beliefs you exercise them through letters to the editor encouraging certain things and certain persuasions, that shows to me a bias. Representative of Ethics Board-Tell us we cannot do that in the future, I have no problem with that. Supervisor Stec-I had looked at what we had before and then we changed it from a unanimous vote of the Town Board that basically when it was unanimous any Town Board member for any or no reason at all could veto membership. I would suggest our four or maybe going back to five might be a good idea. For the Planning Board and Zoning Board we have alternates and maybe we say we have a five member board and two alternates and when there are conflicts or whatever they go out and the alternate goes in. Councilman Strough-I think the strongest Ethics Law of any was they required that none of the Ethics Board Members were members at the same time of a political party of a membership of an organization that is organized primarily for the purpose of influencing legislation or decisions of public agencies. Councilman Brewer-If you are a member of a committee you don’t influence legislation really. Councilman Strough-You are supporting one candidate over another. Committee people are more passionate than your regular person, they are more likely to vote straight Republican or Democrat or straight Libertarian or straight Green Party ok because they are a member of the committee. They are making the phone calls vote for this candidate; 119 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 they are the ones putting the signs on the lawn that is passionate about politics. I am not saying that is wrong, that is fine but to be a member of the Ethics Board at the same time is wrong. Representative of the Ethics Board-Suggested a change in stages, their terms have expired and we do not have this put together yet, the fact that those whose terms are expired have been doing a good job so there is not an immediate need to change but I think the direction you are going is a good direction we need to get there. I think it is too abrupt to all of a sudden change it and those people that have been volunteering and serving to the best of their ability and thinking they are doing a good job and just be out I do not think that is appropriate either. Maybe it would be good to do a shortened term to stage in the finalized. Councilman Strough-The problem is we are coming into an election cycle where the passion really increases. Councilman Boor-It is unfortunate that this Board was taken advantage of several times for political reasons. People will use you. Councilman Sanford-If you accuse somebody of unethical behavior it sticks with a lot of people my case is a perfect case, the paper was writing articles about it, without even giving me phone call to consult and I went in front of you people and explained everything to you we had a nice discussion. Councilman Boor-The damage is done. Councilman Sanford-You are targets to be utilize that way. Representative of the Ethics Board-Maybe not maybe we can write that into the Code. Councilman Strough-Other persons had heard about your decision regarding me prior to me hearing about it. Not only that but a member of this Ethics Committee I was told by a good source, said you know what we are going to work twice as hard to get rid of that Strough. We should not be in the positions where this could be a possibility that is why these other towns have this. You should not have members on your Ethics Committee that are also members of a political organization; they are just too passionate about their politics to be on an Ethics Commission. The Town Code says due process requires that an individual accused of a potential ethics violation is entitled to a hearing before you render a decision. Representative of the Ethics Board-First off you were not convicted. Councilman Strough-This whole discussion shows you that politics and Ethics don’t mix well. Councilman Sanford-My frame of reference isn’t about you people as individual people it is about the policy that the Town adopts. Councilman Boor-I think the issue is can we improve the method by which we appoint and the criteria upon which you operate. Councilman Sanford-Is it a simple majority that appoints the Board? Councilman Boor-It is a supermajority. Supervisor Stec- It used to be five until two years ago. I am recommending it go back to five. Councilman Sanford-If it goes back to five we are never going to appoint anybody. Councilman Boor-I think we will. 120 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Councilman Brewer-John said this was still draft? Supervisor Stec-We can include that in the draft. Councilman Strough-This is a hybrid of the current code. The current code is in black. In the blue is what I suggested previously, but I did not melt them together. I took what I liked and melted them in for the sake of discussion then I added some red this weekend. Councilman Brewer-Everyone at this table get a copy of that and all review it. Councilman Sanford-Noted that there were some things that need to be run by the Attorney. You talk in terms of ethical conduct for people who are contracting with the Town and I am wondering from a legal perspective if we have any real jurisdiction over behavior of third party contractors. Councilman Strough-It is just an expectation. The proper operation of the Town Government requires that its officers, employees, consultants, and service providers be independent, impartial, objective, .. and reasonable to the people of the Town of Queensbury. That public office should not be used for public gain that public officers, employees, consultants, service providers maintain the highest standards of integrity and discharge faithfully their duties of office regardless of personal consideration. Supervisor Stec-There is always room for improvement everywhere. Councilman Strough-There is not a mandate on the service provider, it is saying we have the expectation that they are of the highest ethical .. I think you will find the discussion of service provider is appropriate. Councilman Sanford-I want to make sure before we go too far with it we have our Attorneys look it over. Councilman Strough-Before we hand it to the Attorneys we as the Town Board need to go through it. Councilman Brewer-Would like it placed on the agenda in two weeks. Supervisor Stec-In the interim start working on it. We do not have a quorum of our current Ethics Board if it is possible to remedy I would like us remedy. We talked a great deal about political activity and I suppose you could make an argument that four out of our five people at the table here have been politically active at some point but I would hardly say that Kathleen’s level of activity has risen to the point where she couldn’t serve on the Ethics Board and that way they could constitute a quorum. Is the Board in the interim willing to appoint her? Representative of the Ethic Board-I do not want to operate with three though. Supervisor Stec-I do not want to operate in the long term with three. Councilman Sanford-Lets put this on the agenda for two weeks and work it through and at that point in time we will see where we go. Board agreed. DISCUSSION: LIGHTING DISTRICTS Councilman Brewer-asked that this be discussed at the next workshop. DISCUSSION: Agenda 121 SPECIAL TOWN BOARD MEETING 01-29-2007 MTG. #4 Councilman Sanford-Proposed that the Town Supervisor take the lead role in preparing the agenda, requesting that the agenda be e-mailed to the Councilmen on Wednesday, Councilmen have until Friday to ask for additions or deletions… Supervisor Stec-Any Board Member or any representative of an organization that says I like this on an agenda or I would like to appear before the Town Board they call me I get the information and usually I do, first in first out. Spoke on order of agenda items, if someone is out of town try to get them on first, or if there is a conflict, if they are early enough I can schedule them first. If I know we have a lot of people coming, I try to get all non town employees out of here and internal toward the tail end. I make a best guess on the length of the agenda, and how urgent is the item, if it can be moved two weeks I move it. If any board member says I do not want an item on the agenda because I am not going to be there, or I want it moved two weeks it is moved. Councilman Sanford-One of my concerns is I do not want outside people to be invited and then have to show up and then be deleted, we have to avoid that. If I have something that I think is very important in terms of priority to be discussed I do not necessarily want it unduly subordinated. We have to incorporate what we have learned recently from our legal analysis that our Attorney did, It does not acknowledge agendas as having a lot of legal authority. We have to work together to develop a process where we are comfortable and we can have an exchange of information. Supervisor Stec-I inherited this process from I observed Dennis do it for four years, and with the exception, we are going to run into some things that no one really wants to discuss and we are going to argue about that, I think generally speaking 99% of the time you guys say can you get this on the agenda - we get it on the agenda. I do not think it is broken. Let’s give it a chance if we run into problems again … Councilman Sanford-I am willing to do that. RESOLUTION ADJOURNING TOWN BOARD RESOLUTION NO. 71, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 29 day of January, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury