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2007-02-26 MTG7 1 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 REGULAR TOWN BOARD MEETING MTG. #7 FEBRUARY 26, 2007 RES. 95-115 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH 1.0PUBLIC HEARINGS 1.1PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. 2007 NOTICE SHOWN PUBLICATION DATE 2-16-2007 Supervisor Stec-The pubic hearing is open the Town Board concluded our Fire negotiations last month, set the public hearing three weeks ago for this evening, we have got three fire public hearings and actually an amendment for South Queensbury so a fourth tonight. The first one is North Queensbury and their total by the contract for this year would be $315,000 . These are all one year contacts. With that said is there any member of the public that would like to comment on the North Queensbury Fire Contract? Anyone at all? Any Board Member comments? All right I will close the public hearing and entertain a motion. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2007 RESOLUTION NO.: 95, 2007 INTRODUCED BY: Mr. Roger Boor 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 North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and 2 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 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, 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 Fiscal Manager and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2PUBLIC HEARING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. FOR 2007 NOTICE SHOWN PUBLICATION DATE: 2-16-2007 Supervisor Stec-I will open the public hearing this is for Queensbury Central and again a one year budget, contract and a total $630,000 dollars and that does reflect the additional debt because of the purchase of the new tower vehicle. So, again that is $630,000 the public hearing is open. If there are any members of the public that would like to comment? Any comments from Board Members? I will close the public hearing and entertain a motion. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND 3 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. FOR 2007 RESOLUTION NO.: 96, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, 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 Fiscal Manager and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor 4 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 NOES : None ABSENT: None 1.3PUBLIC HEARING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2007 NOTICE SHOWN PUBLICATION DATE: 02-1-2007 Supervisor Stec-This is also a one year contract with West Glens Falls Fire Company for a total of $450,000 any comments from the public, the public hearing is open. Mr. Nussbaum-Good evening. I just wanted to say that on behalf of the Fire Company this is the first copy of the contract that I have got, so if you are telling me that this is pretty much the same as what we had last year no changes to it? Supervisor Stec-It is. Mr. Nussbaum-The fire company will be signing the contract I guess you could say under duress or under protest nothing was open up for negotiations as far as our language goes all we did was sit and talk about money. There are still several items in here that we are not happy about, but I guess we have no choice. Also the amount of money that we discussed and is discussed in here I just wanted to make sure you guys realize that it is still not going to be enough and that we will be back to discuss other things with you as far as fees for items that are coming up. We did have recently a compressor that went down so if that is going to have to be replaced we are looking at totally not having enough money in the budget. I wanted to make sure that you are all aware of where we are now. Councilman Brewer-How much was the compressor? Mr. Nussbaum-I have no idea, right now I do not know if it is going to be the compressor is going to be replaced or what? Councilman Brewer-Compressor for? Mr. Nussbaum-Station II it runs everything all the trucks and everything. Couldn’t get one of the engines out the other night because there was no air in it, we had to sit and run it up. Councilman Brewer-What is it like, I am just asking, because I do not know. Mr. Nussbuam-Aircompressor. Councilman Brewer-I understand that. Five horse, ten horse? Mr. Nussbaum-I do not know the specs on it yet, it was replaced I want to say two years ago, so, I do not know what happened to it but it was running constantly and the only way to shut it down was actually to kill power to the whole station. So, something went really wrong in there. I just wanted to make sure that everybody is aware of where we are with everything. So, if you have any questions or anything. 5 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-Is there anyone else that would like to comment this evening on this public hearing regarding West Glens Falls Fire’s contract? Any Board Member comments? All right I will close the public hearing and entertain a motion. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2007 RESOLUTION NO.: 97, 2007 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 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, 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 6 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Fiscal Manager and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Sanford NOES : Mr. Stec ABSENT: None 1.4PUBLIC HEARING CONCERNING PURCHASE OF RADIOS AND RADIO FREQUENCY BY SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT NOTICE SHOWN PUBLICATION DATE: 2-16-2007 Supervisor Stec-I will open this public hearing we did adopt a contract for South Queensbury back in January and that contract was signed however at the time and in advance we were aware that there was an issue regarding the radio’s and radio frequencies that needed to be addressed, a one time issue with the radio’s and this amendment would be an additional $8,500 dollars to their 2007 contract. Again a one year contract. So, the public hearing is open if anyone would like to comment on this public hearing? Councilman Brewer-Is there anybody here from South Q? Supervisor Stec-I thought I saw somebody, no, I guess not. Is there any member of the public that would like to comment? Any Board Member comments? Councilman Brewer-I just had a question about the maybe some other company or some other officer in the company would know about the, when they buy this frequency is that forever, is it does anybody know, Joe maybe do you know? Supervisor Stec-If you would come to the microphone please, Chief? Chief-I am certainly not here to answer for South Queensbury. Supervisor Stec-Understood. Chief-Just to pass on the information that I may have that maybe useful to you. I believe what they did is the purchase of a license which is required by FCC other than a maintenance fee I believe it is every three years a small fee of I think it is hundred or a hundred and seventy five dollars over that period of time to maintain that license, I believe that is what they are looking at. Councilman Brewer-That is basically what he said that they had to do is buy the license, whatever but I did not know whether it was a one time shot every three years you had to pay fifteen hundred bucks or whatever. Chief-Right, I believe the initial expense is what they are incurring here and I believe that it is going to be a small maintenance item thereafter. 7 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Councilman Brewer-Ok. Thank you very much. Supervisor Stec-Thanks, Chief. Any other comments from the public? Any Board Member comments? All right I will close this public hearing and entertain a motion. RESOLUTION AUTHORIZING PURCHASE OF RADIOS AND RADIO FREQUENCY BY SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 98, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the South Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company wishes to purchase new radios and a radio frequency, and WHEREAS, this purchase will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Fire Company received a quote for such purchase for an amount not to exceed $8,500, and th WHEREAS, on Monday, February 26, 2007, the Town Board held a public hearing concerning this matter and the corresponding amendment to the Fire Company’s Fire Protection Agreement, and the Town Board heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to facilitate continued provision of necessary fire protection services to the Town, NOW, THEREFORE, BE IT 8 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 RESOLVED, that the Queensbury Town Board hereby approves the estimated $8,500 increase in the South Queensbury Volunteer Fire Company, Inc.’s budget for the Fire Company’s purchase of new radios and a radio frequency and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire protection services for the year 2007 by an additional $8,500 and correspondingly authorizes an amendment to the Fire Company’s Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Department to take all action necessary to provide for such $8,500 and amend the 2007 Town Budget as may be necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 26 day of February, 2007 by the following vote: AYES : Mr. Brewer, Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Stec ABSENT: None Supervisor Stec-That concludes the four fire hearings, those contracts will be ready for signature by Wednesday. 1.5PUBLIC HEARING AUTHORIZING WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 AND INCREASE IN CAPITAL PROJECT FUND #138 FOR IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK AND AUTHORIZING ENGAGEMENT OF MILLER ASSOCIATES 9 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 NOTICE SHOWN PUBLICATION DATE: 02-16-2007 Supervisor Stec-I will open the public hearing and this is for improvements to Ridge/Jenkinsville and I do not know who wants to speak for the Rec. Commission tonight, do you Mr. Conboy? I will let you explain the project to the Board again and the public, while you are making your way to the microphone the public hearing is open and any time we spend money from our capital reserve fund we are required by our procedures to have a public hearing and the dollar amount that Mr. Conboy is going to explain for the improvements at Ridge/Jenkinsville is for not to exceed total of $976,000 dollars. Mr. Conboy if you want to take over and maybe just give us a brief intro of what we are going to be doing there and we will continue to take public comment. Commissioner Conboy-I wasn’t really planning on giving a summary of the project, we have posted information about it on the internet and did place the ads in the Post Star and the Chronicle as requested, basically describing the project it is the next phase of the 2004 Master Plan that was created for Ridge/Jenkinsville Park and the plan is calling for it is really two phases; first would be a design and a site planning phase where we hire a landscape architect and that firm works with the Town the Rec Department and the Town Board to come up with a site plan. Once that plan is created and agreed upon then we go into the construction phase where we put plans out to bid and hire a construction firm to complete the improvements. Just as far as the scope of the work what we anticipate is in 2007 coming up with a plan for the southern portion of the Ridge/Jenkinsville Park. The Master Plan calls for six multi use athletic fields some parking areas a pavilion a small or field house for bathrooms and irrigation type equipment, pumps and the sort and additionally a walking path, but that is a conceptual plan. The final plan and the site plan will be determined through this process that we are proposing that we hire a landscape architect to take us through himself. The idea is then to commence construction around June time frame so that we can complete it by around September, give the grass some time to grow and have the fields available to play sometime in May, 2008. Councilman Sanford-Quick question, I am a little confused, I was under the understanding based on our workshop discussion that we had that some of us at the Board were comfortable moving forward provided that it was three fields not what you just said. Commissioner Conboy-I did not make that clear in my comments. The plan, we want it to develop a site plan for the whole southern portion of the field, the park, that includes six fields, but only go ahead with construction of three of them in 2007. Councilman Sanford-The other comment that you made what is somewhat concerning is I felt that the amount of expenditure was somewhat nailed down and the way that at least I interpreted what you just said was, phase I you are going to bring in the architect and then phase II you are going to price it and scope it out. I thought that scoping was pretty well done and I thought what we were talking about was less than a million dollars for the whole thing. Is there uncertainty there in terms of the cost estimates at this point? Commissioner Conboy-We have estimates the estimate $976,000 was based on an estimate we got, we got from a professional landscape architect but we will not know the actual cost until we put the construction out to bid. So, you know for example we did estimate an amount for professional services and we did get bids recently for the design work and at one point we estimated fifty five thousand the bid that came in at around thirty thousand for that. Councilman Sanford-To what degree are we putting the cart in front of the horse here on this? In other words if we do not really know what the cost is shouldn’t we know that before we move forward, because I felt at least, maybe it was my error but I felt it was pretty good certainty that we could do the three fields do the infrastructure associated with the three fields, handle the consultant costs throughout the process and bring it all in at this nine hundred and seventy some odd thousand dollar figure. If we authorize what is in front of us tonight and it turns out that you are off and it is greater cost that may very 10 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 well influence at least my inclination to want to move forward with this. So, if we don’t know, let me know that we don’t know, if we know I am more comfortable with it. Commissioner Conboy-We do not know for sure and we have designed it in two phases the design phase which we do have a cost on that we have a bid and would like to go forward with that once the total amount is approved, and then the idea once the actual site plan is created and we go out to bid then we will understand the construction costs and then come back to the Town Board to approve the hiring of the firm at that amount. Councilman Boor-And that sounds good and I believe that is how we typically do it, I am just reading the eighth Whereas, we are authorizing the expenditure not just the setting up of the account but the actual expenditure of it. If I am hearing you correctly you are saying that we still have an option of authorizing expenditure assuming if we like or don’t like the bids that come in. When I read this it looks like once we authorize this we have no more say whether we like it or not. Supervisor Stec-Well the Board, let me jump in there, I mean, maybe I am wrong but my understanding was exactly to your concern was that this authorizes you go to send these out to bid, but there will be a resolution required by the Town Board to grant, to award them. So, we will have another bite at the apple. Councilman Boor-I guess it is the expenditures, I do not mind setting up the fund for that amount with the assumption that, that amount will be spent but this says. Supervisor Stec-I understand what you are saying and Councilman Boor-And maybe that is typical I just don’t remember it worded that way. Supervisor Stec-I know exactly what you are saying and Councilman Sanford-I am concerned about posturing here to some degree, I think the mind set of the whole Town Board was $976,000 brings this project in we talked about the phase II which is to put a couple of additional at least a couple of additional fields in, we weren’t completely comfortable with that, because that would have brought it up to I think a million and a half or in that neighborhood. So, when we talked about it I thought that we were dealing with some certainty that what we were talking about it here. I do not want to give a green light only to find out that nine hundred and seventy six thousand turns out to be one point one million or something along those lines. Wouldn’t it have perhaps be more prudent to nail this down ahead of time? I guess that is my question. That is what I thought we had done. Supervisor Stec-I think we have, I think we did, I think we are there. Councilman Boor-I do not have a problem with it, it is just the expenditure part of this is a little bit concerning but if. Councilman Brewer-I do not think you can really nail it down though Richard exactly until you get the bids. That is guessing from what conversations you have had with .. Councilman Boor-What if the prices come in where it is $976,000 for one field Councilman Brewer-We say no. Councilman Boor-We have authorized the expenditure. Councilman Brewer-Change the language. Supervisor Stec-Well, let me make a suggestion, in that Whereas that you are talking about Roger Councilman Boor-…set up the account. 11 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-Well, I was going to say how about this, because I think the expenditure word might be, need to be in there maybe we can address your concern by adding other language. How about Whereas, the Town Board wishes to authorize the withdrawal and expenditure of monies from fund number 64 in the amount of $976,000 for the supplemental park project, bids subject to Town Board approval. Councilman Boor-That is fine. Supervisor Stec-That way it covers it. I think that this says that but I think this is better. Councilman Boor-I just want to make sure. Supervisor Stec-I think we are on the same page .. the bids would have to be authorized by the Town Board in any event anyways so this I think clarifies that. Commissioner Conboy-My understanding was that the Town Board needed to approve the contract that we ultimately award. Supervisor Stec-We award the bid, you will make a recommendation just as you did tonight with the next resolution behind this one. Commissioner Joe Fusco-I live at 67 Cedar Court in Queensbury I am also a member of the Rec Commission. What we did was to get rough estimates as to what the possible cost might be, so we are asking you to release that amount not to exceed that amount of money. Supervisor Stec-This resolution in my opinion and our intention is I believe and I think this does that. Commissioner Fusco-Suppose as Councilman Sanford says that the costs come in more, what is the Rec Commission going to do, our option is to then go back and be able to reduce the project somewhat so that we do not go over that particular amount. Supervisor Stec-Again, in concert and agreement with the Town Board who authorized it, we can say, at that point we can say forget it we are going to reject these bids. Then the money is still in the account, the project account it hasn’t left it has not been spent it is still Town money it has not been awarded to anyone and if there is a surprise in the bids that is what would happen. We have done that before. Councilman Boor-The other thing, this comes up quite often and it is an unfortunate aspect of public domain, public we are telling anybody that is watching this knows what we are willing to spend. Supervisor Stec –That is why it is important, right , emphasis not to exceed. Councilman Boor-We have to be a little bit careful when we put words, go ahead and spend it. You guys may in your infinite wisdom, I mean that politely, might say hey you know one field is worth $976,000 dollars and Supervisor Stec-We may disagree Councilman Boor- the rest of us might say we would like to get three out of that. So, anybody that might bid on this gets to watch this they see how much we are willing spend so we would like to get what we discussed at the workshop for that amount of money, that is what we are really pushing for. Commissioner Fusco-Contractors are not stupid either you have the option of rejecting all of those bids if they come in too high. Councilman Boor-Say that again.. Commissioner Fusco-You have the right to reject those bids. 12 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Councilman Boor-Thank you. Councilman Brewer-We have the obligation to if they are too high. Supervisor Stec-Tim or Joe anything else on the project or anything that we have talked about so far? Commissioner Conboy-I just wanted to reiterate the Commission has put a lot of thought into this that we considered a lot of different options as far as projects in 2007 and the Commission felt this project deserved basically came to the top of the priority list. We believe that there is a need for these fields for a variety of reasons and hopefully we have explained to you already and that we believe that we have developed a plan that helps meet that need and does it with, in recognizing that we want to be cost conscious and responsible on how we spend taxpayer dollars here. So, we think this project has the, came in, really benefits the Queensbury Youth and organized sports programs for many years to come and we request that you act quickly on it. We would like to reach our goal of getting some fields available for play in 2008 and if you keep things moving along we can do that. That is about it. Commissioner Fusco-I would just invite the Town Board to go up there any night during the summer and see the number of youngsters and adults that are using that facility. Councilman Boor-I can go out my back door and go like this, Joe. Supervisor Stec-All right thanks gents. Anybody else on the public comment on this, Mr. Rahill. Mr. Bernard Rahill-Bernard Rahill 37 Wincrest Drive, Queensbury I am a supporter of recreation and recreational facilities in Queensbury and have been for a long time. At the same time I think that is, very frequently there is a great deal of scrutiny of recreation specifically because recreation is not considered very important to most of the people in not only our community but in all communities. I think of developments and golf courses and doing things for themselves and making money on business in a Town rather than providing recreational infrastructure for children. In this case I have spoken to the Board before and asked that you have the Recreation Commission make a presentation to the Town on all the recreational facilities in Queensbury so that people are more aware of what is going on and also I have asked you that the Water Dept. make a presentation on the Water Department and what is going on in the Water Dept. and they Highway Department etc. If we do that we have more transparency. We have just seen a number of presentations with regard to the fire companies and yet there really isn’t very much transparency we did not have people coming up here and saying this is what we are doing here, there and everywhere. I think people should be educated in this community. With regard to this project I do not know what is going on in Ward IV I do not know what is going on in Ward II we have not been told what is going on in other locations in Queensbury. So, we have this little place in Jenkinsville and I am not knocking the project at all what I am saying is we should have a clear vision of what is going on in the whole recreation department when somebody comes forward to ask for money and when someone comes forward to ask for money for the fire company we should have a clear vision of what is going on in the fire companies, not just you behind the doors but I think if we have a television set here and we have a meeting there should be people representing themselves before the public. I do not think they should be afraid to do that. Thank you very much, gentlemen. Supervisor Stec-Thank you Mr. Rahill. Councilman Sanford-Well, Bernie, just one comment just to do justice to your thoughts. We have these televised meetings and they typically alternate and then we have workshop in between them so typically we have two of these televised meetings a month and we have two workshops. At the workshop using the fire companies as an example there were some lengthy discussions that took place they are not televised they are held at the Supervisor’s conference room but they are legally a public meeting. The public is 13 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 welcome and encouraged to attend and the level of perhaps transparency or detail that you are referencing may very well have taken place during those discussions it is just that they are not on television. So, it begs the question as to whether of not since legally a workshop is not at all different than this meeting tonight whether or not is makes sense to maybe have more of these televised meetings and not have the workshop but we like the idea of the workshop being a less formal way in which to discuss at length the types of things that you are talking about that the public needs to know. Unfortunately in order for the public to reap the benefits of that they have to show up in person because it is not televised. I just wanted to let you know that. Mr. Rahill-When I was at the last workshop and there was an item on the Hudson River which is a very, very serious matter and there are a number of other items and I understand what you are talking about, but at the same time I think that perhaps in terms of leadership if you feel that somebody is going to make a request for money they should present themselves to the public and educate the public. I am not knocking what you are doing I am knocking what anybody is doing I am just asking that the public be educated because it is our responsibility to make sure that people participate in the democracy of Queensbury. You are not going to be participatory democracy if you do not have something which is going on above board on the table and people are understand exactly what is going on and they are educated. That is all I am saying. Councilman Sanford-On behalf of the Rec Committee at the workshop when they presented this they did a very detailed through job and entertained all of our questions regarding what they were hoping to do and I thought it was a very productive exchange and I appreciate it. In the absence of knowing what that discussion was tonight it may look like a superficial review but at the workshop we got into some pretty detailed discussions about the scoping about phasing and everything else and I think it was handled in a satisfactory manner. It is difficult to televise everything and I have an appreciation for what you are saying in terms of public awareness but some times the practicality gets in the way. Mr. Rahill-Well, did you talk about Ward IV and the recreational facilities at Ward IV at that meeting? Councilman Sanford-We may very well have because as you know there are some very nice facilities over in Ward IV with Hudson Pointe and those types of things and they probably were referenced. It is comprehensive thing and I am not disagreeing with you that the public perhaps you get a micro overview of all the recreational amenities that Town has to offer, however in regards to this particular proposal for Jenkinsville Park it was discussed in my opinion in a satisfactory and a comprehensive manner. That is all. Supervisor Stec-Bernie if I could jump in as well, unlike other departments and unlike the town as a whole up until fourteen months ago. The Rec Commission still publishes a, is it simi-annual or is it more frequently than that? It is twice a year winter and a summer a pretty hefty brochure that spells out all their programs and the availability in great detail and gives an update of where they are going. So, they do provide that, it goes out to every town and every home in Queensbury so there is an effort a communication that has been occurring here. Queensbury is the only Town in Warren County that televises any meeting, we are the only Town that regularly meets more than once a month in fact we meet four times a month and we are a larger town and it stands to reason but, I think anyone in this room would be very challenged to find a municipality that is more transparent anywhere in New York State than the Town of Queensbury is. Councilman Boor-Also by law we supply annually a water report, you had mentioned the water and we by law have to send our rates for the different districts and stuff and on there is certainly numbers that you can call if you have questions. I can appreciate wanting to have this type of format and being able to open it up for any kind conversation that you want to have whether it be the Rec Commission, the Water Department any of the departments but it is from a practical standpoint its not always that easy. Unless there is a compelling reason I think we do as good as we can as the projects come along. Mr. Rahill-Ok, thank you very much gentlemen. 14 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-Thank you, Mr. Rahill Councilman Strough-There has been a request to have some of the workshop meetings in this room which is something that we may consider in the future. Supervisor Stec-Anybody else like to comment this evening on this public hearing? Mr. Tucker Mr. Pliney Tucker-Pliney Tucker, 41 Division Road, West Glens Falls, Queensbury My first question where did the nine hundred and sum thousand dollars come from? Supervisor Stec-The Rec Commission prepared, their estimate to the Town Board and that was the workshop that we discussed this for little over an hour I do believe with them. Mr. Tucker-No, I mean where is money, where did the money come from? Supervisor Stec-Where's the money coming from, from the Capital Reserve, from the Town’s Capital Reserve Fund. Mr. Tucker-Where did they get, come to get in the Capital Reserve? Supervisor Stec-Years ago the Town set up Councilman Boor-Dennis Brower I.. it has been sitting there that long just so you know. Supervisor Stec-There is about two point three million dollars in the Capital Reserve more or less right now. So, this would clean out almost half of it. Councilman Brewer-It came from the General Fund. Supervisor Stec-It originally came from the General Fund. It was fund balance. Unknown-It is Recreation Fees. Supervisor Stec-No it isn’t. Councilman Boor-Not even close, you kidding? Supervisor Stec-This came from the General Fund, it was fund balance. Councilman Boor-$976,000 worth of Recreation Fees? Supervisor Stec-That is the answer to your question. Mr. Tucker-General Fund Surplus, sales tax whatever. Supervisor Stec-More or less, yes. Mr. Tucker-Ok. I am going back aways, but maybe it was because the Recreation Department did not have that kind of money they got now, but every year we had four parks in the Town, major parks and every year there was something done in each one of them. At budget time I requested eleven thousand plus for lease on land that Finch Pruyn owns next to the Hudson River Park and there is a ten acre strip that is boxed in by the river and by the park that serves as a community dump and Carl DeSantis owns it. It is about a ten acre plot. I was wondering if we could find money enough in this fund that you got to lease that piece of property from Finch Pruyn and start negotiations with Mr. DeSantis to see what he wants for the ten acres and then we can go in and clean it up. It is a dump, they cross the park land to get to it. Councilman Brewer-Shouldn’t we have Mr. DeSantis clean it up and then buy it? 15 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Councilman Boor-That discussion would be more appropriate at another time, wouldn’t it? Supervisor Stec-That is a little off subject. Councilman Boor-You ought to bring that up from privilege of the floor this is a public hearing on Jenkinsville. I would be happy to talk about it later, I think it is a good topic, I just don’t think it is in line with what we are talking about here. Mr. Tucker-Well, I just wanted to bring it up because I am amazed there was money taken out of Hudson River Fund went to the park up there and now we are going to spend another nine hundred. The Hudson River Park is the poor mans Lake George on our end of town and it gets a lot of use, a lot of good use. Councilman Brewer-It certainly does. Supervisor Stec-Thank you, Mr. Tucker. Anybody else this evening on this public hearing? Yes, Maam Ms. Pat Wells-I am Pat Wells, I live in Jenkinsville and maybe I am not in the right place now that I am hearing about workshops, but I called last week the Recreation Dept. and asked in particular what this resolution was about the young lady who answered the phone told me everyone was on vacation and could not give me answers that is why I am here tonight. I would like to ask three questions and maybe you cannot answer them, maybe I still have to get my answers from them. Number one I would like assurance that there will be no lights at that park. I live in that neighborhood its close, we do not mind the park we like the park but we do not need it twenty four hours a day. My second question is where will the field house be located that they are talking about? At what part of the southern..is there a map somewhere a plot? Supervisor Stec-There is a map and I am hoping that we have the map with us. Ms. Wells-That would be good. My third question is, the impact of traffic on our poor little road and I don’t want a bigger road, but people come out of there pretty quick. Is there going to be another exit area, is there going to be something done in regards to increasing the usage of this? We are now going to have an increase in cars and traffic and we have a lot of walkers a lot of kids a lot of dogs. Supervisor Stec-Our Director of Parks and Rec has placed in front of you and perhaps when you are done taking a glance at it we can get it up there and maybe the camera can get a shot of it. Director Lovering-(using map) this is an overview of the Master Plan that was completed in 2002 and here is the proposed site of the field house facility which would include irrigation. Ms. Wells-OK, so this is the barn the current gravel parking and you are going to put this into here. Director Lovering-New roadway, parking and you would come in, these are the roads. Ms. Wells-Multi use fields, right, so that answers that question. Supervisor Stec-Put that on the easel, and Steve the question about lights, I think you gave us that answer and I can’t remember off the top of my head if there was. Councilman Boor-Is that a north/south orientation there? Director Lovering-Yes, North is here, Jenkinsville Road, here. Councilman Boor-Just so the public knows, so that it is. 16 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Director Lovering-As far as the lights go we held sort of a neighborhood meeting back in 2002 when we were talking about the first expansion project which was the fixing of the fields increasing the fences for the soft ball fields, fixing the drainage problems doing the parking lot, at that neighborhood meeting it was pretty clear from the people that attended that they did not want lights. They did not lights for softball, they did not want lights for anything else. So, to answer you question I do not foresee lights going up there. If lights were going to go in it probably for our purposes would make the most sense to put them on the softball fields and not out here. Supervisor Stec-Steve, the answer, let me try to get an answer here, what we are considering tonight does it fund lights or does it not fund lights. Director Lovering-Lights are not in this proposal what so ever. Ms. Wells-Ok, Thank you. Then my third question is the impact on the traffic with the safety, has anybody done a study about double the number of cars that is going to be on our road? Director Lovering-We have not done a traffic study to see the number of cars, what is good about this park now is the fact that there are two entrances and two exits if you will, when everything lets out there are two exits out onto Jenkinsville Road so you have some cars going up and catching 149, you have a lot of cars going down Jenkinsville, so it is not like there is one road in and one road out, there is only one entrance to the park one exit. What we are talking about here is creating a second complete entrance so people aren’t going to have to come in one bottle neck entrance and then get over to the fields we are talking about a whole new entrance. So, when these cars are leaving and if there are activities over here you have got two means of egress and then you have got Ms. Wells-I am not concerned about that, I am concerned about them coming out of there and heading south in particular on Jenkinsville Road. At seven o’clock I cannot get out of my driveway I am stuck and that is with the current fields and I do not have any problem with the park, I am just asking have you thought about what the traffic is going to do with my neighborhood? Director Lovering-Have I thought about the traffic, I do not think that the traffic is going to be significantly more than what it already is, what we are talking about, these fields are already being used. Ms. Wells-Not to that proportion, but yes. Director Lovering-Well not to this proportion but is it going to add fifty percent more cars, probably not, we are talking about fixing up and adding three fields in this area, there are already three fields being used now. They are being used by lots of different organizations so the number of car should not increase drastically but what you want to look at is the fields that are going to be played on are going to be ..a major factor going to be improved. Councilman Sanford-Steve could you point out maybe with your finger for the public awareness, that maps shows I think six fields which was the original idea but what we are looking for tonight is considering merely three. I am not sure you have identified which three is so could you point them out? Director Lovering-The three fields have not been identified yet, we think that they might be these three fields here but that is going to be part of the process of a site plan. This is the Master Plan of the entire park facility. This section is already done obviously the softball fields the next phase was adding a basketball court and tennis courts, so this takes into account everything that we would like to do over a period of time. We have identified six fields we are not proposing that six fields be put in at this time, we are proposing that three fields be put in. When you are doing a Master Plan you want to try to project out as far ahead as you can so we have identified space for three additional fields if use warrants and we have also identified another active area if it warrants. 17 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-I apologize Steve, I don’t think I properly introduced you, Steve Lovering is the Town’s Director of Parks and Recreation. He works for the Rec Commission and the Town Board. Councilman Strough-Steve, do we have to do a SEQRA form for this expansion? Director Lovering-We should not have to do one, typically what we have done is the Board would pass a resolution declaring it not be done. Again that that would be the case with this, it has been the case with the softball fields and without exception the Landscape architect … Supervisor Stec-Thank you Steve. Councilman Boor-But your concern is definitely understood don’t think that this was a way, if they do these three and there is a marked increase in traffic speaking only for myself I would insist on a SEQRA for any remaining work that gets done out there to make sure that the road can handle the traffic the way it works I would certainly support that. Ms. Wells-Thank you and keep our speed limits down there. Councilman Boor-It is a tricky little road too. Supervisor Stec-It is, thank you, is there anyone else that would like to comment on this public hearing. Dr. Hoffman Dr. Mark Hoffman-Mark Hoffman, Fox Hollow Lane On a peripheral note in reference to what Bernie was talking about I acknowledge that the Town is much more transparent than it had been in the past and that these workshops are more accessible to the general public but I would comment that I have been to some workshops where there is maybe twenty, thirty people sitting out in the hallway and cannot get in because it is in a very limited space. So, I would like to see certainly if you see that there is an agenda coming up that is going to be well attended it would be nice to move it to a better forum. Supervisor Stec-That is what we have tried to do historically. Dr. Hoffman-On this issue I did, I didn’t realize the proposal was presented in detail on the web site. I read very briefly about it in the Post Star a few weeks ago and they came up with a number of $1.3 million so I was glad to see that we are looking at a lower figure although I have to say when we are talking about $976,000 we are more or less talking about a million dollars so that is still a lot of money to spend on ball fields. You, know this is a park that we already own it is not like we have to go out and buy the property or anything. Again, I am fully, I support recreation in this town whole heartedly I was a volunteer coach for many years with the Rec Department for Soccer and Basketball when my kids were younger and I think we need to make investments of this kind. Personally my concern is that I am not sure this is really the vision that I would like to see for recreation in town. I personally would rather then seeing one or two or three Cadillac type parks with very fancy ball fields and so forth I would rather see a net work of multiple neighborhood parks that are within walking distance of the bulk of the populations so kids can get there. They are not dependent on being chauffeured constantly by their parents. I think that is important not only from an environmental standpoint and addressing this woman’s concern about traffic and cars and so forth it would be nice if we had parks spread around town so the kids could actually walk there. It is good not only from a planning perspective but I think it is also good from a psychological and developmental perspective to allow kids to go out and do things on their own without being chauffeured by their parents and without necessarily being in a highly structured supervised setting where they can learn how to interact with other kids in an unsupervised setting, learn how to negotiate get together pickup games deal with inter personnel problems as them come up without constantly having adults breathing down their necks. I also think they would be more heavily used if kids got in the habit of going outside the door and going out to play instead of being constantly dependent on 18 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 being driven to their recreational opportunities. So, yes, I am fully supportive of recreational programs but I get a little concerned when we are talking about a million dollars which it sounds like we are depleting about half of the towns reserve fund for this one project. It sounds like a lot of money and I am just not sure that we want to throw this amount of resource into this type of Cadillac type project. Also, recognizing that it is only half of the project its you know you are only building three ball fields for a million dollars. It seems like a huge amount of resources. Thanks. Supervisor Stec-Doctor, I am not sure you are aware of this but I have been asked this question or remarks similar to yours have been made by you and otherS in the past and it has been awhile since I looked so my number might not be exactly right but within one or two I think the last time I was in Steve’s office and I asked him to give me a list of all the towns parks and recreational facilities and this does not include the two hundred acre Queensbury School District Campus but just the Town owned or leased property I think you and many others may be surprised to know and I will take this opportunities venue in the spirit of what Mr. Rahill was suggesting for to try to inform our public. The Town has twenty three parks and recreation facilities through out the town totaling of eight hundred and fifty acres. I do not think a lot of people know that, I do not mean to pick on you but certainly I think a lot of people probably be surprised to find that we have almost two dozen of these parks that the Town maintains aside from anything else that may be privately or done by the school district. Steve does that number sound right about twenty three? Director Lovering-Yes. I want to point out that, that number represents parcelS that cannot be developed have no plans for being developed, green space, there are pieces of property that are under the Commissions list. Supervisor Stec-We certainly will not develop them all simultaneously we could not afford to do that and I do not think the public would support that but over time that is where we are. Dr. Hoffman-That is great to hear, I would like to see on a map exactly where they are and more detail on that. Supervisor Stec-He has got a map in his office. Director Lovering-I have a map in my office and many of them are identified on the web site. Supervisor Stec-Thank you Doctor. Councilman Strough-I will add to what Mr. Hoffman you do not need to, you can sit down, but more off road pedestrian and bicycle connections I would agree with. More neighborhood parks would be nice and but in addition to that and I know what you said is true it would be nice to have the unsupervised socialization aspect and that does go on not everything is supervised and some parents maybe want it more supervised and others less, but what I hear because I deal with teenagers all the time is a need for more soccer, more Lacrosse, and more field hockey especially with the girls sports. Especially with the girls lacrosse which is probably I think one of the fastest growing teenage sports in the Country. What I think the Parks and Recreation Commission and Department are trying to do here is get ready for this explosion that is here. It looks like it is going to be even more forthcoming so I applaud them for that. The terrain here is kind of unique it is very difficult but they are established here, so to create these fields is going to be fairly expensive I will agree with you the expense bothered all of us up here. So, we talked to the Commission and Steve Lovering at length very critically. For the most part the almost million dollars does include making this geography so that the first three fields that go in but it is also enabling the expansion to three more fields so that is one reason why it is so expensive. Councilman Sanford-Just one additional comment though, I do believe that Mark is correct in that this is going to be a very highly structured recreational activity for leagues and for organized recreation it is certainly not going to facilitate a neighborhood or 19 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 informal activities almost my definition and apparently the Rec Committee has represented to us their belief that there is a demand and a need for that, but I do have an appreciation for what he had to say about, there is not going to be a lot of informal utilization of these things. I see them being utilized by bus loads or organized groups of people in a league coming to utilize these fields. It is not going to be a bunch of kids getting together and saying lets go do an activity that is not what I see happening here. Director Lovering-If I could just point out I think primarily you are correct, that these fields will be used in a structured organized way but I will also say that not all of them are used that way because if you go over there and I will just give you an example many times in the summer time there are kids over there playing on the softball field all day long and I think you are going to find that if you develop these fields that now you are giving them a place for kids to go and play after school pickup. The fields out there now are not good and if you improve them I bet you will find that you will have more pickup games and that goes for any of our parks too. Once you start to make some investments and improvements you call attention to it you are going to get more kids going out there, even though they play two nights a week with soccer I bet they will come over there to play informally with friends after school as well. Supervisor Stec-Thank you Steve, is there any other member of the public that would like to comment? Yes, Sir. Mr. Bob Lightfoote-9 Hillcrest Avenue I am on the Board of the Adirondack Soccer Club. The soccer club is been in existence twenty years and we have played at Jenkinsville for at least a dozen years. It is our home field. I think the, one thing that I have found over the last few years with teams that come up to Jenkinsville is that they feel that the fields are in very, very poor condition especially vs for example Town of Moreau, Town of Wilton, etc they have beautiful pool table type fields for their kids. We have an unimproved cow pasture. I think first of all this thing has been promised for at least seven or eight years it has been in the budget for at least three, 2004. So, we waited a long time. My own kids are grown and gone now, I coached twelve years on those fields, six for the town Rec. Department, and six for the Adirondack Soccer Club. On one hand we are happy to have a place to actually play on the other hand we are kind of laughed at as Country Bumpkins for the fields that we use. I think you have to look at the fact that yes we are spending money but you are also improving a town asset and making it a much more valuable. So, in the long run it is just investing in what you already own, so I think it is a good thing in that regard. Our older teams now have to play up in Lake George at the Lake George Town Park in the one field that they have because our own fields are just not adequate. I am sorry to have to say that but it is a problem so I really hope that this long promised renovation of the fields takes place whether it is three or six we would be happy to start with three. That is not a problem. The bathrooms are another issues we have porta potties and especially if you have the girls teams up there it is kind of a problem I think. When we go to other fields they have bathrooms, ours does not. So, that is part of the nine hundred thousand I think is an important part as well. As far as pickup games and things like that our club is much more structured than that and I think for liability reasons the Town wouldn’t want just totally unsupervised stuff going on there. So, I think you need to look at the fact that organized groups use the fields now and will want to continue to use, not just us but the Lacrosse players and field hockey players and you know whatever comes down the pike next I think as far as youth recreation. It is an important asset and it should be improved. That is all I have to say, thank you. Supervisor Stec-Thank you, Sir. Anybody else this evening? Mr. Rahill, again. Go ahead Maam Ms. Rita Hawkins-Rita Hawkins, 92 Master Common North I started the Adirondack Girls Lacrosse League will Bill Wright and you know my daughter has been involved in soccer programs for many years and there is just really is a tremendous need now being involved in this league you really see when you are working with other programs like soccer and what not that there is a tremendous need for quality fields. I agree that it is definitely an improvement of what we already have and it improves the community and the assets within the community. So, I think it is a worthwhile project to go forward with. So, I just wanted to put my opinion in there. 20 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-Thank you very much. Mr. Rahill Mr. Bernard Rahill-I just like to mention that I, as I said before I have been very much in favor of recreation in Queensbury every since I lived here. I would like to mention also that perhaps when Dr. Hoffman spoke and I think he is in favor of recreation also, he said so, you should be aware of the fact that I have written two articles on recreation in Queensbury and one of the things that Dr. Hoffman is right on the mark is that children need the opportunity to be out on their own and to ..their energies in parks. Those parks should be open to them so that they can have free time and not structured all the time. I am not knocking structured play, but I think it is very, very important psychologically and physically for children to develop in an environment in which they have an opportunity to use that and I have been a proponent to that for a long time. I will not talk to that issue right now but if you would like to discuss it with me in the future I would be more than happy to discuss it with you. Thank you very much gentlemen. Supervisor Stec-Thank you Bernie. Is there anyone else that would like to address this public hearing tonight? Mr. Brothers Mr. Peter Brothers-I just wanted to add a few words regarding the proposal here. I concur a lot with Dr. Hoffman was referring to earlier and just wanted to elaborate that a million dollars is a lot of money a lot of taxpayers money. I think we need to be very conscientious of the allocation of those kinds of funds. Now, at the same time I say that I do agree that children should have a good place to be able to recreate. It seems to me that this town in comparison with others and I do not want you to be on average with every other town, lower standards but it just seems to me that you do have quite a few recreation facilities already and there are going to be more facilities being built in the Town of Fort Ann this is privately financed, private enterprise. I do not know all the details but I think this ought to be taken into consideration as well. Now, that aside, this next bit of information is unrelated to this specific hearing but it is related to an open public hearing regarding the Comprehensive Land Use Plan that has been open for a while now and I would like to comment on that a little bit. Regarding this proposed changes in the comprehensive plan I would like to mention that I do think that we need to see more emphasis on commercial development in the Town bringing things that may draw people. Maybe go down to Saratoga for instance you might see a Barnes and Nobles or Borders Books and Music something to that avail and other things that could draw people also commercial property that they, the facility there the organizations they create jobs it seems that we have gone too far in the direction of rubber stamping apartments throughout the community involved everyone in here, I think I can safely say including myself. I have lived in apartments it is how you get started but at the same time we know the impact on the school system and I feel that this is part of a larger issue when we are considering at the County level there is proposed thirty million dollar social services building or that is at least the figure, I do not know if that is going to be figure at that end, but that is the figure that has been talked about. When you are proposing more of these apartments and in the community sometimes the situations that occur where people in need you need to help out those individuals and that of course requires an expansion of the social services department in the County. I think that is a serious concern. Also, I have mentioned before and I will mention it again an elaborate that up on the lake the waterfront specifically I feel that the development that is going on is not in the lakes best interest long term. I was on Cleverdale, yesterday across from Mason Road and I see two huge houses being built that are full scale build out if ever there was such a thing. Since it is all septic up there you wonder where they are putting the leach field and stuff is probably going to be running right into the lake because you do not have to be an engineer to think where are they going to put this thing. This is also happening on Assembly Point with a project on Lake Parkway that I have mentioned before. Now, at the same time I have been very specific saying that I do not want to take away somebody’s property rights the right to develop their property at the same time I think we really need to take a serious look at this and with regard to the development concerns I wish you would take this into consideration when you are evaluating this plan. Thank you. 21 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-Thank you. Is there any other public comment on this or any other public hearing? All right any other Town Board comments? Councilman Boor-The only thing Dan what was the change you made are we going to amend that Whereas? Supervisor Stec-That was in the eighth Whereas, bid subject right before the last comma there, bid subject to Town Board approval. And I assume that if we move this that will be with that amendment, who ever moves and seconds it. Councilman Brewer-Where is that now? Supervisor Stec-The second page, the fourth Whereas down on the second page, $976 for the supplemental park, bids subject to Town Board approval, that reemphasis what our intent and practices has been but it might make it more clear. Councilman Sanford-You have to go to the Resolve too, Dan Supervisor Stec-You are right, we should go to the Resolved Councilman Sanford-The second one down from the top of the page do the same thing. Supervisor Stec-That is a good idea. For the work described in the preambles of this Resolution, bids subject to Town Board Approval. That is a good catch. Councilman Boor-I move it as Supervisor Stec-Let me close the public hearing first, any more takers before I close the public hearing. All right I will close the public hearing and entertain a motion authorizing the Capital Reserve Fund as amended. RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 AND INCREASE IN CAPITAL PROJECT FUND #138 FOR IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 99, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, by Resolution No.: 416,2003 the Town Board authorized establishment of Capital Project Fund #138 to fund expenses associated with parking lot improvements, design and expansion of softball fields and replacement of fencing at the Ridge/Jenkinsville Park and the Town Board authorized funding for such Capital Project Fund #138 in the amount of $95,670 and such funds were transferred into such Fund #138 from Hudson River Park Capital Project Fund #107, and 22 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 WHEREAS, by Resolution No.: 210,2004 the Queensbury Town Board authorized a supplemental Ridge/Jenkinsville Park Project and additional expenditures in the amount of $413,266 and funds were transferred from Capital Improvement Plan Reserve Fund #64 to Fund #138 to fund such supplemental Project, and WHEREAS, the Town’s Director of Parks and Recreation and the Town’s Recreation Commission have presented to the Town Board proposed improvements to the Ridge/Jenkinsville Park as follows: 1.creation of three (3) multi-use (soccer, lacrosse, field hockey, etc.,) irrigated, athletic fields; 2.construction of a field house containing bathrooms, irrigation equipment/controls and storage space for maintenance equipment and ancillary field gear (goal netting, flags, signage, etc.,); 3.construction of a paved access road and paved parking; 4.construction of walkways, fencing and landscaping; and 5.professional services for all of the above; and WHEREAS, based on the Director of Parks and Recreation and Recreation Commission’s input, the Town Board wishes to supplement Capital Project Fund #138 as more specifically set forth in a Project Outline from the Director of Parks and Recreation previously submitted to the Town Board, and WHEREAS, the additional project costs for the supplemental Park Project is estimated to be in the amount of $976,000, and WHEREAS, the total for the Ridge/Jenkinsville Park Project Account Fund #138 after the CIP fund allocation and Resolution No.’s 416,2003 and 210,2004 will be $1,484,936.00, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund #64 in the amount of $976,000 for the supplemental Park Project, bids subject to Town Board Approval, 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, and WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project or increase in any specific Capital 23 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Project listed on the CIP and the Town Board scheduled and duly held a public hearing on th Monday, February 26, 2007 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the supplemental Ridge/Jenkinsville Park 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 the Town Board hereby authorizes and directs the supplemental Ridge/Jenkinsville Park Project and authorizes additional expenditures in the amount of $976,000 for the work described in the preambles of this Resolution, bids subject to Town Board Approval, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs a transfer from Capital Improvement Plan Reserve Fund #64 in the amount of $976,000 to fund such supplemental Project, such funds to be placed into the Ridge/Jenkinsville Park Capital Project Fund #138 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 Reserve Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to take all action necessary to establish additional appropriations and estimated revenues as necessary for Capital Project Fund #138 in the additional amount of $976,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Fiscal Manager and/or Accountant to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: ? Revenue Account No.: 138-0000-55031 (Interfund Revenue) – $976,000 ? Expense Account No.: 138-7110-4403 (Engineer/Surveyor) – $ 36,000 ? Expense Account No.: 138-7110-2899 (Capital Construction) - $940,000 and 24 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Fiscal Manager and/or Accountant to amend the 2007 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, 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 26 day of February, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT : None Discussion held during vote: Councilman Brewer voted yes with the proviso that I would encourage the Rec Commission to advertise and solicit input from anybody that you possibly can so that more people involved you will end up with a better project I think. RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER ASSOCIATES TO PROVIDE ARCHITECTURAL AND DESIGN SERVICES CONCERNING ATHLETIC FIELD IMPROVEMENTS AT THE TOWN OF QUEENSBURY RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 100, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Recreation Commission requested proposals from landscape architecture firms to provide architectural and design services at the Ridge/Jenkinsville Park site, and 25 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 WHEREAS, proposals were received and reviewed by the Town Recreation Commission and the Town’s Director of Parks and Recreation, and WHEREAS, Miller Associates submitted a proposal in the amount of $29,900 and it too was reviewed by the Town’s Recreation Commission and Director of Parks and Recreation, and WHEREAS, Miller Associates’ proposal was the lowest submitted bid proposal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Miller Associates to perform all necessary architectural and design services in order to complete the following at the Ridge/Jenkinsville Park: 6.creation of three (3) multi-use (soccer, lacrosse, field hockey, etc.,) irrigated, athletic fields; 7.construction of a field house containing bathrooms, irrigation equipment/controls and storage space for maintenance equipment and ancillary field gear (goal netting, flags, signage, etc.,); 8.construction of a paved access road and paved parking; 9.construction of walkways, fencing and landscaping; and 10.professional services for all of the above; for an amount not to exceed the lump sum fee amount of $29,900 as recommended by the Town Recreation Commission, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from the Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110- 4403, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: 26 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-You did put this out to bid and you did get three bids and by a wide margin this is the low bid and you are recommending that to the Town Board. In your $976 number that we hate to remind every contractor that will hear this or read it in tomorrows newspaper but part of that was the professional service misc. fifty five, this is that whole fifty five or are you anticipating more in addition to the twenty nine nine? Director Lovering-The fifty five was an estimate on what it could be for this. Supervisor Stec-So we are already under budget. Councilman Sanford-Could you please take a minute and explain to me how you see the differential between the twenty nine thousand nine hundred that Miller has proposed vs almost hundred and three four ninety that another engineering firm came in with. That is a huge spread what is the explanation. Director Lovering-I would attribute it to two things, 1. the other two firms are very large firms and do projects all over the State and out of State, Miller Assoc. is a small firm and 2. Miller Assoc. has already done a lot of the work that other firms would have to catch up on so he is able to provide more of a discount for those kinds of things. Councilman Sanford-I want to make sure all three bidders were of the same frame of mind when they did bid on it in terms of what they were bidding on in terms of scope. 2.0CORRESPONDENCE 2.1Queensbury Resident Petition to The Queensbury Town Board We, the undersigned citizens and residents of the town of Queensbury, respectfully, but vehemently and intensely protest the manner in which the Town Board awarded the town’s insurance coverage for 2007, not to the lowest bidder and a proven insurance agency, but to the highest bidder and an unknown Long Island based agency. As citizens of Queensbury, we are very concerned with the local taxes we are asked to pay and with good representative government. This unexplained action on the part of the Board ignores the principles of competitive bidding and most certainly is not in the best interests of Queensbury citizens from a fiscal standpoint nor a representative one. Therefore, we ask the Town Board, by this petition, to immediately: 1-Explain fully and publicly how and why this seeming travesty of representative government has happened and 2-Rescind and recast your vote for the lowest insurance bidder as required by law. (60 signatures) 3.0INTRODUCTION OF RESOLUTION FROM THE FLOOR NONE 4.0PRIVILEGE OF THE FLOOR PRESENTATION HEALTHY HEART Ms. Kathy Varney-Project Coordinator for the Warren Washington County Health Heart Program – introduced Jody Brynes Director In 2004 the San Fransico Dept. of Health created a healthy development measurement tool and it is used to create an environment that protects and promotes health, with the Healthy Heart we are obviously interested in that. This health impact assessment is comprised of twenty seven indicators and these 27 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 indicators are used so it becomes more accountable more evident based and more health oriented for planning and policy making. John Strough’s Rush Pond pedestrian bicycle plan incorporates four of those indicators. It preserves and protects the health of the natural habitats, it decreases motor vehicle trips and miles traveled, it improves accessibility, beauty, cleanliness of public spaces and it increases parks, open spaces and recreational facilities. As the Town of Queensbury faces multiple and compelling interests in land use development health considerations cannot be left off the scales. I am confident that this board will move forward with the Rush Pond plan and adopt zoning and polities that strike the right balance among social, economic and environmental interest. I brought with me the University of Albany Dept. of Geography and Planning have put together a model on planning and for bicycling and pedestrian and within that guide they have a resolution for a town to adopt on bicycle and pedestrian policies which is really a community infra-structure which includes having language in there for cyclist and pedestrians. There is also a model zoning law for pedestrian facilities, regulations which is really more comprehensive than just talking about sidewalks but talking about cross walks accessibility and maintenance. There is a model zoning law for bicycle parking so we are not just talking about having parking for cars but parking for bicycles as well and multi families and commercial developments. A model for law for showers and lockers in businesses for employees will have an opportunity to walk or bike to work rather than just drive. Lastly information on paved shoulders and ADA guidelines. (provided documents to the Town Board) Congratulated Councilman Strough and the Board for working toward a healthier Queensbury. Ms. Jody Brynes-It is our honor tonight to present John Strough with a Health Heart program award congratulating and thanking him for his efforts in the Rush Pond Pedestrian and Bicycle path. The Health Heart Program is a New York State Department of Health grant funded program with two main goals. We are looking to enhance our citizens physical activities and help them make better food choices. Recent research is strongly stating that enhancing the physical environment is really one of the most effective ways to get people moving. Why is it important to increase foot and peddle activity, well obesity, diabetes, cancer, heart disease and pollution to name just a few. We especially like to highlight that many provisions were made for different types of activities and the people with handicapped accessibility were taken into account also. John’s tireless efforts to see this path completion strongly represents our grants goals and we would once again commend you for your dedication to this process. (presented award to Councilman Strough) Councilman Strough-Thank you very much. Supervisor Stec-Anyone else this evening? Mr. Rahill Mr. Bernard Rahill-37 Wincrest Dr. Questioned the presentation of Kyle York at the last workshop meeting. Councilman Sanford-I understand that Dan was going to pursue it with our Counsel regarding CAC which was formed and in place but no one knew anything about. Supervisor Stec-Noted he gave the information to Town Counsel for review. Mr. Rahill-Spoke on the pool of PCB’s in the middle of the river which was not going to affect anything, my sense was that had to be supervised very carefully. It has not been looked at as carefully as it should have been in the past. There are lobbyists that don’t want the cleaning up of PCB’s in certain areas because it affects their corporations financially. These are very serious matters. Councilman Boor-One things that struck me at that meeting was it almost appears that yes, this area that is above our water treatment plant that has PCB’s in it has expanded but I am guessing that the powers that be who ever the CAC group is are waiting for the dewatering plant for the GE project to be established at which time they may give serious consideration to removal of the PCB’s above our water treatment plant. I think the dewatering is an expensive aspect of the process of cleaning the river and it maybe one of the issues where they are just waiting for an opportunity to arise relative to where they 28 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 can put the spoils of a dredging project. This CAC is out there and we as elected officials in the Town of Queensbury have no idea who they are and they have never come forward. I am interested in doing a follow up on this. Mr. Rahill-This is very important it is our Town. Councilman Sanford-Given the presentation if I heard correctly Mr. York’s point was that DEC and in this case Niagara Mohawk had an interest in going further and addressing the issues but received a strong message from locals that there was a greater interest not to move in that direction. We do not know enough about it to make a judgment on what is really happening here, it is concerning that we do not know who the players are. Supervisor Stec-Anyone else who would like to address the Board? Dr. Mark Hoffman-Fox Hollow Lane - Congratulated Councilman Strough on his award tonight from the Health Heart program. Maybe we need to start planning for how we are going to provide safe pedestrian, bicycle access to the Ridge /Jenkinsville Park. Mrs. Jane Alexy-I am Jane Alexy from Overlook Drive Queensbury – What happens now when you have heard the petition for the insurance for Queensbury? Councilman Boor-We signed a contract. Supervisor Stec-I can explain the legal realities are that, that petition is more political in nature than it is legal. We have moved forward and entered into a contact and that is done. I lot of this has been discussed in the past. Unlike other petitions nominating petitions or certain other petitions involving regulations this is a petition just I assume people are just communicating their opinion or their position to the Town Board, legally is has no bearing on what has happened or what will happen. Ms. Alexy-Just a few minutes ago you were talking about putting bids out and taking the lowest bidder, you had bids with four insurance companies and instead of the lowest bidder you took the highest bidder. Supervisor Stec-No not the highest. Ms. Alexy-I thought Long Island was seven thousand more than Councilman Strough-A lot of times when people learn what actually happened and they learn the facts they see gee I did not know that I wouldn’t have signed that petition had I learned the facts. Ms. Alexy-The only thing is we haven’t really heard the facts and this is why the petition was circulated because in business people usually take the lowest bidder and they all bid on the same things. I understand the Long Island Firm had extras in that, that Cool and Hughes and TD Bank North didn’t have in their bids and yet you give it to Long Island. Being a native of Glens Falls born and raised in this area, I believe that when we put out bids we should try to buy locally. The Hyde’s that made their money here they made their money in Glens Falls they didn’t make it in Saratoga, or Long Island or any other place why can’t we stay in our own area. We have insurance companies here and it just seems like you are going a little too far. Councilman Strough-I have many insurance people who are local people call me up and say listen if I knew this bidding process was going to be honest because it has not been in over a decade they would have bid on it and they were local people, it has not been honest at least that is what they told me. They said if this is honest in the future we will bid on that and we will get their business. So, if you talk to some of the other local insurance people they will give you a whole different version of the story then what you probably have heard and been exposed it. 29 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Ms. Alexy-I think it is sour grapes too, John because these people have been sitting on the side lines all these years, thirty years and let Cool take the bid. Councilman Strough-Go back and read 1995’s Post Star there as an editorial on the Cool Insurance Agency and how things were not being done above board and how things were not being done ethically, and how some local insurance companies were being cut out of this. It is not sour grapes it has a long history, Jane. Councilman Sanford-One of the compelling reasons was whether or not we had been paying more than we should have in the past with Cool. Cool denies it and some people on this Board support Cool on that saying it was a soft market that resulted in a twenty five percent or seventy some odd thousand dollar reduction from 2005 and 2006 to the renewal quote in 2007 when we went to bid with the RFP. I have maintained that, that is not the truth. Recently I foiled from Warren County what they have been paying for property and casualty and insurance and their premiums for 2005 to 2006 went up and from 2006 to 2007 also went up 3 ½ percent. No reduction of twenty five percent no soft market at Warren County. It raises some very interesting questions? Our consultant made the statement that we were not served properly by Cool that they had been over charging us and quite honestly I do not care to do business if that is the case and I believe it to be the case. I am not sure representation that you and the other people that signed that petition received but keep in mind, if someone is over charging the Town to the extent of a hundred and fifty thousand dollars over the last two years, I am going to think twice before I want to do business with them when for no really explainable reason they come in with a twenty five percent reduction to become competitive. Warren County has property and casualty insurance and the town Supervisor here who defends Cool he is also a County Supervisor and I have sent to the local papers what I received in my foil request and I can give you a copy of it, come up and get it when you are done, and you can look at the numbers I want to know how you can reconcile the County going up in premiums and the Town going down 25% when it is the same kind of business. It is for property automobile and liability, it just doesn’t pass the test. The real issue here is not as the papers have portrayed it, it is not about proper etiquetteand getting along and being friendly and asking nicely to behave and everything else, this is about honest and responsible government and special interest should not subordinate the fiduciary responsibly that elected officials have to the taxpayers of Queensbury. I am proud of how we handled this RFP and I have think we have beaten this horse to death. But, it keeps coming back and when it comes back I am not just going to sit here and accept it I have to speak up for the process which I believe was handled in a very above board and appropriate manner. Ms. Alexy-Well, if Cool was such a bad company why were they allowed to even bid on the package then. Councilman Sanford-We didn’t know, Councilman Boor-We did not know who was bidding on it, that was what the consultant determines. The information as somebody who perhaps signed this thing, I can only wonder what you were told when you signed this. I think you were very much mislead, you heard one side. I got to tell you I am in business for myself I am a contractor I have contracted I have worked for contractors when I lose a job I don’t run a full page ad bashing the person because they didn’t give me the job. I mean, it speaks for professionalism it speaks to value for the Town and when you talk about apples and oranges have you seen the coverage’s, have you seen our policies have you seen what is in the Salarno coverage that wasn’t in the Cool coverage? Have you seen the analysis that says that we were not properly insured for certain events, have you seen the language that says we had incredibly high deductibles for minor events that we would have paid under Cool that are now covered under Salarno? If you really take the time and read the documents it is very straight forward not hard to understand. But, when somebody comes to your door and they inflame you with all the rhetoric that I can only imagine what they said, you do yourself a disservice when you come here and present without having the facts. If I were you I really want to have both policies I would want to understand the situation before I came out so strongly supportive of one side or the other. As just one 30 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Board Member we did a lot of reading and studying on everything that we got on this, we pretty much understand what took place. Ms. Alexy-I think the mistake was then that the Board did not come out and say something because Cool had in their ad originally that came out on that Sunday I was shocked when I read it, that you three gentlemen who accepted this bid as I understand it, were requested to go before Cool and tell them what was wrong and nobody appeared. That was in the ad Councilman Boor-You have to understand, that was in the ad, you hit it on the head it was an ad, it wasn’t facts, it was an ad, it was a paid for article Ms. Alexy-They were defending their Councilman Boor-It wasn’t a reporter that went out and studied it and printed fact it was an ad. It was one side the side they wanted you to read. Ms. Alexy-The Board sat there and didn’t say anything about it. Councilman Boor-How can you make that statement? On what basis do you make that statement? Councilman Sanford-We have been talking about this for months, and we have been saying the same thing time and time and time again. I have been saying it to the papers, both papers and you know what, they do not want to print it. They all received a copy of that foil that I just handed to you, which showed that there is no market softness in the Warren County property and casualty insurance. I covered it with a letter sent it to the Chronicle sent it to three different individuals at the Post Star and not a word was printed. I have numerous conversations on this, they do not want to deal with this, you could ask them why they do not want to deal with it. Councilman Strough-And not only that if you look at the ad they said, there is a lot of misinformation in that ad from Cool. One of them said that their home base was in Queensbury, go to their Web site their home base is in Latham. But aside from that remember the newspaper articles I referenced before I am going to give you more specifics, anybody wants to check this out, this has got a long history here. This is an nd October 22 1997 Post Star headline, Champagne’s War Chest lined with Town Vendor Money, vendors is like people bid out services like insurance, it goes on there is an article th on it, ok, this is January 6 1995 Post Star, headline, Insurer complains about bid process. I will read the first line I will not read the whole article; one of the agents who bid for Queensbury’s insurance contract is upset at what he sees as favoritism toward the agency that has been selling the Town coverage for years and guess who that was. Guess who bid on it and you know what they said, they bid on it and they said Cool was told their bid so Cool underbid them. The article is right there. Supervisor Stec-That was twelve years ago. Councilman Strough-But, I am saying this has a long history. Councilman Boor-It wasn’t like it just happened. Councilman Brewer-Everything here… Supervisor Stec-It wasn’t six weeks ago either that is my point. th Councilman Strough-January 8 1995 Post Star, here is the title Tight rules for buying services, this is after a lot of this crap that has been noticed by the Post Star. Decisions by local governments to spend thousand of your tax dollars on so called professional services are open to influence by political connections, personnel friendships and tradition. It is time that stopped. According the State Law professional services such as insurance coverage and legal work aren’t subject to the same form of competitive bidding process that covers major purchases and construction projects. This lack of competitive 31 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 bidding makes the hiring for professional services ripe for corruption. Under a section of the State General Municipal Law governments are required by the State to write their own procurement policies for purchases not covered by competitive bidding. That is one thing we are working, we didn’t have a procurement policy but we are going to work on one and we are going to put a stop to this. Ms. Alexy-I understand the Long Island Firm has three or four things more.. Councilman Strough-They had the best coverage. We had three people to chose from. Ok. Cool Ms. Alexy-But don’t you specify when Councilman Strough-Salarno and Hughes. Hughes did not make the coverage. Ms. Alexy-Excuse me, but don’t you specify when you put out a bid what coverage you want? Councilman Strough-They don’t all come back with the same thing. Ms. Alexy-Then they are not bidding on the same thing. Councilman Boor-Because some, look it, there are different underwriters for different companies, certain underwriters will have different deductibles, Hughes wasn’t allowed to even bid on it in the final analysis because they could not have an underwriter write a million dollar policy on sexual harassment and political, I forget what the phrase is. Supervisor Stec- Public Officials. Councilman Boor-Public Officials, they didn’t have an underwriter that could do it so they dropped out of the bid process. Because they couldn’t do it. Councilman Strough-And guess what only one company, one came in with the coverage that we requested. Guess what company that was. Only one. Supervisor Stec-That is not true John, Councilman Boor-Yes, it is. Councilman Strough-Yes, it is. Supervisor Stec-No, it is not. Councilman Strough-You had to make a phone call to Cool to get them to change that policy. Supervisor Stec-No, John, I did not make a phone call to Cool on that Councilman Strough-You had Joan Watkins do it. Supervisor Stec-No, no, no, John, the consultant made that phone call, the consultant. Councilman Strough-Only one company had. Supervisor Stec-We could have picked from any of those four, any of those four. Councilman Boor-No Supervisor Stec-There were four, we could have Councilman Boor-No we couldn’t, Hughes dropped out. 32 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Supervisor Stec-They didn’t drop out Roger. Councilman Boor-They couldn’t do the million dollar coverage. Supervisor Stec-It was up to us whether or not that was material or not, and I am not saying we made the wrong decision but if we said you know what we really do want to go here no one dropped out, all four of them were on the table the whole time. Councilman Boor-Incorrect. Councilman Brewer-Bank North dropped out. Supervisor Stec-That is the truth. Councilman Brewer-Guys we have been beating this thing to death for ever Councilman Boor-Well, I didn’t know a petition was going to come after the fact. Councilman Brewer-I didn’t either, Roger and Councilman Boor-I would have brought my literature or I would have been better prepared. Supervisor Stec-Speaking for myself and I am going to venture a guess for Councilman Brewer’s as well, we wanted to go with the low bidder and Cool was the low bidder, period end of story. They also as an additional benefit happen to local and they happen to be very familiar with us over thirty years. I understand that perhaps there were some issue twelve years ago when I was probably still in the Navy but don’t misconstrue anything that has been said tonight. Councilman Sanford-Well, Dan, don’t you agree that they have been overcharging us and there is no soft market? At this particular point in time do you acknowledge that? Supervisor Stec-No. Councilman Boor-Then what are you going to do at the County level? Supervisor Stec-Let me restate what I said at our last meeting on this one, I thought we had put this to bed but apparently somebody doesn’t have it out of their system yet. I said Councilman Boor-I did not bring this up. Supervisor Stec-I did not point to you. Councilman Boor-Well, he did not bring it up either. Supervisor Stec-I did not point to him. Councilman Boor-Who are you going to point at then, I am curious? Supervisor Stec-Apparently sixty people are still concerned about it. The fact is, that at the last meeting when we discussed this and we got the big thumbs up from the Post Star the next day for singing kombi a was that I said perhaps it was a combination of two things, the fact that yes it went out to bid and I thank Roger again for pointing out that I had put the money in the budget for putting it out bid and that we had agreed to put it out to bid, but perhaps the competitive market was partly to be credited and perhaps some of it was the soft market theory and I didn’t assign whether it was ninety ten or ten or ninety and I think you might remember I said, ninety ten or ten or ninety but the fact is and the reason why I won’t flat out say it is not soft market, Richard is because the reporter called three independent insurance organizations and they all told her the same thing that there was something to be said about the soft market. Again, I am not going to say was it ten 33 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 percent of the reduction or ninety percent of the reduction but I definitely don’t think they you can sit there with a straight face and say that none of it has to anything to do with soft market. Councilman Sanford-Well, the Warren County there was no soft market at all in Warren County which you are a Supervisor and approved the budget. You went up in price not down twenty five percent and twenty five percent of a County budget would have been well over two hundred and fifty thousand dollars and if you believe that there is a twenty five percent soft market you have an opportunity to save the County a quarter of a million bucks. I do not see anybody doing that, and we just approved five fire company budgets and three ems squad budgets and everyone of those didn’t see a reduction in their property and casualty insurance. Tonight we had public hearings we talked about North Queensbury we talked about Central and we talked about West and you list in the schedule their insurance premiums and you know what they are the same or higher then they were last year. Where is the soft market? Councilman Brewer-Richard did you look at their policies? I do not want to get into a big long discussion about it but did you look at them? Maybe this is a bad example to the fire company’s budgets but if you look historically at their budgets they are always going to say the same number or higher. Councilman Boor-Right, thank you. Councilman Brewer-I did not say what line Roger, pick a line. Councilman Boor-I am picking the property and casualty line, it has never gone down. Councilman Strough-Richard is the one that forced this RFP to happen, Dan put it in the budget. …we saved sixty thousand dollars this year if we had done this two years ago we would have saved you a hundred and twenty thousand. Councilman Brewer-If, if you do not know, John. Ms. Alexy-You cannot go by if’s and what if’s. Councilman Strough-Their price dropped twenty five percent. Councilman Brewer-It doesn’t matter John, if you put that out to bid tomorrow it goes down thirty percent what difference does it make? Councilman Strough-I trust that you are not that stupid. Councilman Brewer-Let it go. Supervisor Strough-It is not what it seems to be. Ms. Alexy-I am also curious where did you get the Long Island Firm from? Councilman Boor-The consultant is the one that sent the RFP’s out, we did not pick the companies that these should go to. Ms. Alexy-But, Long Island? Councilman Boor-You want to get, don’t you want, as a taxpayer wouldn’t you prefer to pay less in taxes? That is a pretty simple question. Ms. Alexy-I would rather do business with a local firm that I could call up on the phone and know the person at the other end. Councilman Sanford-The Long Island Firm was sixty five thousand dollars less than what we paid Cool last year. Sixty five thousand dollars less for enhanced coverage. 34 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Councilman Brewer-We did not put it out to bid last year, we put it out to bid this year. Councilman Sanford-That is my point, it is only because we put it out to bid that Cool came around. Councilman Strough-And three local firms told me they will bid on it next time if it is honest. Supervisor Stec-Ms. Alexy I trust that answers absolutely none of your questions this evening. Is there anything else though? Ms. Alexy-That is all. Supervisor Stec-Thank you for your patience with us. Is there anyone else that would like to address the Board? Mr. Pliney Tucker-41 Division Road Re: Crandall Library Received figures from Mr. Merrill of the Library Board Building proposal – 40,420,000 $340. a square foot Queensbury’s share $23,919,110 for thirty years noted he got information on a library for Queensbury at $200. square foot 40 thousand square feet an eight million dollar cost, with interest ten million one thousand dollars… note the library has not gone out for the bond year so we do not know the interest rate. Councilman Boor-Noted an issue being problematic is we are never aware of who the real card holders are and if they are alive. No audit that the Board can do or the Town has not availed the process by which we can corroborate if in fact the percentage Queensbury is paying is accurate or not. I believe Mr. Salvador is trying to seek that information. Questioned if bonded if the percentiles fluctuate I am not sure how it works. Councilman Sanford-Noted the revaluation that took place a few years back hurt us. st Mr. Tucker-At the present time we have 13,040 parcels as of June 1 ’06 we have 11,000 + card holders, the assessor office estimates we will be up to 13,400 Stated under the Public Education Law which covers libraries states that when a library becomes public all the information that they have becomes public and the Freedom of Information Law applies. John applied and their Attorney said no it didn’t. I would like to see the division of Audit and Control get involved in this. Mr. John Salvador-RE: Crandall Library noted the 23 parcels of vacant land that the recreation commission has, 2 ½ acres on Sandy Bay would make a nice park. Noted the Court has denied is request for evidence of each of the 13,211 card holders reported in Queensbury are so situated. Will file an appeal. Recently received the 2006 circulation report from Crandall Library there is a six year continuous decline in Queensbury Card holders. Dec. reports card holders 13, 051. Cannot tell the cost of the library project no 30 year plan. With the data that Mr. Tucker has we can anticipate a 50% increase next year on the Crandall Library tax. Questioned the use of the Warren Washington County IDA, we went to the polls and approved the Glens Falls IDA. Need to have you become involved. Supervisor Stec-Anyone else this evening? Mr. Merrill Mr. Richard Merrill-President of the Crandall Library Board of Trustees. The Library Board if very transparent, The Library is an independent taxing district, made up of Queensbury, Glens Falls and the Town of Moreau and accountable to all three. Our records are there to be seen. Mr. Salvador has raised good questions, but there are answers to all of those. Spoke on the bidding process and bonding. This is not the form to bring up the Crandall Library District, those questions should be brought before the Crandall Library Board. The total Library cost including soft cost is eighteen million eight seven five thousand. Councilman Boor-Is that for thirty years, I think that is what he was alluding to. 35 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Mr. Merrill-That is not how you do comparisons. My role is to keep the project within budget. The bonding cost is $12,785,000. it does not include interest, we have not sold the bonds yet. Mr. Salvador filed a foil request for names and addresses of Queensbury card holders, that information very clearly by law is protected. Councilman Sanford-If you won’t disclose it to anybody how can you account for it? Mr. Merrill-I rely on the records and I have confidence on how the records are kept. Councilman Sanford-What if they are wrong is anybody going to know? Mr. Merrill-We do factor in deaths, if your card is not used within a certain period of time you drop out of the system. Councilman Sanford-Asked that his daughter be removed from the active file … Mr. Merrill-If you have concerns this is not the forum the proper forum is the Crandall Library Board of Trustees. Supervisor Stec-Anyone else this evening? Mr. Brothers Mr. Peter Brothers-Encourage people to use the Healthy Heart facility. Re: Insurance concurs with Mr. Sanford there was no softening on the insurance at the County. If we where more fiscally responsible at the County level maybe we could reduce the increase. Re: Library If the library is open and transparent I wonder why they were so resistant in the last election to not allowing that information to be put forth before the voters. Supervisor Stec-Asked for further input…none was heard 5.0TOWN BOARD DISCUSSIONS Councilman Boor- 1. Meeting with Dave Decker Thursday on the progress of the Wastewater Management District for the Rockhurst Area 2. Glen Lake Association would like to create a taxing district for the purposes of water quality and improvements Councilman Sanford-Nothing Councilman Strough- 1. Discussion at County Level raising the sales tax 1% asked if you would like support in opposition to that from the Board. Supervisor Stec-Noted it is a complicated issue and he did not know what the right answer is yet there is a lot of th study to be done. 2. Feb. 9 2007 Mr. Navitsky letter from Post Star thanks to Chris Navitsky and Roger Boor we do get people to do things. 3. March 2007 cable contract is due, it is time to negotiate would like to have other communities work on this, hire a consultant to help in negotiations. Need to sit down with the Public Service Commission again. 4. Reviewed the Queensbury Senior Citizens newsletter 5. thanked Dave Wick from Warren County Soil and Water Conservation Dist. for coming up with new plans for a new berm for the bike trail 5. Want to look at other opportunities to bring into the Town of Queensbury regarding TV service to make it more competitive. 6. Other communities have invited in Luther Forest people to talk about impacts, requested that the Town invite them to speak to this Board 7. Thanked the Warren and Washington Healthy Heart program for the award.. Councilman Brewer-Job well done by the Highway Dept. last week with the storm. Supervisor Stec-Thanked TV8 and the Glens Falls National Bank for televising the Board Meetings. The Town of Queensbury web site is www.queensbury.net Bob Keenan and Ryan Lashway in our IT Dept. do a great job with the Web site. Spoke on the County budget and proposed increase in sales tax, cutting expenses is always job one, we need to look at what is the impact to people if we raise sales tax vs raising a property tax. In the sales tax what percentage of sales tax is generated from people that do not live in the County, if you can reduce the load by putting it to people that don’t live 36 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 in the County by up to a third that is an important variable? It is an important issue. The County does face unfunded State mandates; one of Governor Spitzer’s top priorities is his desire to removed the unfunded mandates. I have the honor and privilege of making the motion at the Association of Towns was to go ahead and push the State again calling for the State to review unfunded State mandates. Noted meeting last week with Congresswoman Gillibrand and four other Supervisors they were collecting the wish list from the County as far as funding priorities and issues in the County that she can assist us in. Noted the County did not see any federal aid for the storms that did the damage in Bolton in 2005, that was three million dollars that the County paid out with no reimbursement from the State or Federal Government, Congresswoman Gillibrand noted she would work on that. Re: Comprehensive Land Use Plan we decided in a workshop th we intend to have the public hearing resume and conclude on the next March 5. No action on it, there will be a new public hearing based on the Board’s revisions. The Comprehensive Land Use Committee is working on the Zoning Code update. 6.0 RESOLUTIONS RESOLUTION AMENDING RESOLUTION NO.: 72,2007 REGARDING APPROVAL OF YEAR 2007 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. – REVISE AMBULANCE PURCHASE PRICE RESOLUTION NO.: 101, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 72,2007 the Queensbury Town Board approved the Emergency Ambulance Services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., and WHEREAS, such Resolution also authorized the Squad’s purchase of a 2007 ambulance for an approximate net purchase price not to exceed “$130,000” but the “$140,000,” Resolution should have stated not to exceed and WHEREAS, the Town Board wishes to amend Resolution No.: 72,2007 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 72,2007 such that the Bay Ridge Rescue Squad Inc.’s purchase of a 2007 ambulance shall be for an approximate net purchase price not to exceed “$140,000,” and 37 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 72,2007 in all other respects. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GOVERNMENT PAYMENT SERVICE, INC. REGARDING USE OF CREDIT OR DEBIT CARDS FOR PAYMENT OF FINES AT QUEENSBURY TOWN COURT RESOLUTION NO.: 102, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering entering into an agreement with a financing agency or credit card issuer to allow payment of fines owed to the Town Court by credit or debit card, and WHEREAS, the Queensbury Town Justices wish to enter into such an agreement, and WHEREAS, Government Payment Service, Inc. (GPS) has developed a service for the purpose of processing payments by credit or debit card for fines, charges, surcharges and fees and has submitted a proposed Agreement to the Town whereby GPS would process payment of fines owed to the Town made by credit or debit card, and WHEREAS, Town Counsel has reviewed the proposed Agreement and has determined that such Agreement is in accordance with the Town’s internal procurement policies and procedures, and WHEREAS, the Town Board believes it to be in the public interest to authorize such Agreement substantially in the form presented at this meeting, 38 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Agreement Number NY012507TWNOFQUEENSBURY01 between the Town of Queensbury and Government Payment Service, Inc., providing for the payment of fines, charges, surcharges and fees owed to the Town Court substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that any underlying debt or obligation to the Town is not discharged or satisfied until the Town actually receives the funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and authorizes and directs the Town Supervisor, Town Fiscal Manager, Town Court personnel and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION SETTING HEARING ON LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053 STATE ROUTE 9 RESOLUTION NO.: 103, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor 39 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 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, Lake George Campsites, LLC has applied to the Town Board for a § variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that it requires more time to develop and finalize the sewer connection plans and the existing on-site sewage disposal system consisting of a sewer network and traditional septic tank and leach field pose no known problems, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th March 5, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Lake George Campsite, LLC’s sewer connection variance/waiver application concerning its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6), 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 Applicant required by law. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION “GREAT STRIDES” WALK-A-THON RESOLUTION NO. 104, 2007 40 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great Strides” walk to cure cystic fibrosis as follows: SPONSOR : Cystic Fibrosis Foundation EVENT : GREAT STRIDES WALK th DATE : Saturday, May 19, 2007 TIME : Approximately 9:00 a.m. – 12:00 noon PLACE : Beginning and ending at West Mountain (Letter regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 41 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 105, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from thth June 5 through June 10, 2007 in the parking lot at 1652 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1652 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 5 through June 10, 2007 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 42 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 6. Northeast Realty must comply with all regulations specified in Town Code §160-8. And be it further RESOLVED, that Code Enforcement Personnel are directed to rigorously enforce the terms of the Site Plan and the Executive Director of Community Development is directed to send a copy of this resolution to the Warren County Sheriff and to contact the Warren County Sheriff to request that he also enforce off road parking issues on Route 9 and all through the community. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None th Discussion held before vote: Councilman Strough-Craig Brown, Feb. 8 Memo, this is not the only owners of the property, question on dimensions of the property lines, and on site parking on Route 9 is a health safety and welfare concern that should be addressed. Director Alter-Noted that the dimension of the property changed when road work was done they used the fill material to firm up the back of the property that area is not subject to parking…I mentioned to Mr. Quinn to have an as built but I do not know if it is fair to hold up something for an as built when it is basically the same as it was before. I told him if he deviated from the site plan that had been approved before he would have to come back. I will send out Bruce to check on that. Re: Parking on Route 9 we will have to make sure that he doesn’t do it, people will be out there telling people to move along, whether it is his staff or we can ticket them that is the other choice. I do not think it is people who are coming to his property and then parking on the street, it is people who chose to not do the right thing? Councilman Brewer-How can he have any control over people parking on the road? That could be anybody. Councilman Strough-Mr. Miller had this problem, he got a bus system going. Councilman Boor-This is Americade a multi day period where people pull off for five minutes and then leave. They don’t buy a ticket to get in. This is a State Highway. Councilman Sanford-If my approving this license we are facilitating a traffic problem when I was on the Planning Board we would deal with that and address that and whether or not is was appropriate for us to grant such a merchant license. Councilman Brewer-We are granting a license to peddle on his own property, how can we make him responsible for Route 9? Councilman Boor-Noted this is not all in the Town of Queensbury. Americade by its very nature is problematic. Councilman Strough-I do not want to deny him the right to have all the people and all the business that he can get during Americade but I also do not want to jeopardize public safety. Councilman Boor-I agree but the question is public safety is going to be an issue whether we grant the thing or not. Board agreed to add to the resolution the following: RESOLVED, that Code Enforcement Personnel are directed to rigorously enforce the terms of the Site Plan and the Executive Director of Community Development is directed to send a copy of this resolution to the Warren County Sheriff and to contact the Warren County Sheriff to request that he also enforce off road parking issues on Route 9 and all through the community. Councilman Boor and Brewer agreed to the amendment. RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 106, 2007 43 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 Fiscal Manager and/or Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 032-1680-2031 032-8110-4210 90. (Computer Hardware) (Admin. Computer Billing) 032-8120-4520 032-9040-8040 4,520. (Odor Control) (Workers Comp. Insurance) th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION TO AMEND 2007 BUDGET RESOLUTION NO.: 107, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 Fiscal Manager and/or Accountant, NOW, THEREFORE, BE IT 44 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2007 Town Budget as follows: FROM: TO: $ AMOUNT: 001-3410-4090 001-3410-2010 299. (Training, Etc.) (Office Equip.) 001-1410-4400 001-1410-2001 495. (Misc. Contractual) (Equipment) 001-1990-4400 001-3989-4400 3,000. (Contingency) (Public Safety-Misc. Contr.) th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, , Mr. Boor, Mr. Sanford NOES : None ABSENT: None Discussion held before vote: Supervisor Stec- Announced that the town is purchasing defibrillatorsfor the Recreation Dept., Highway Dept., Town Office. RESOLUTION AUTHORIZING SALE OF AND ACCEPTING BID FOR SALE OF OBSOLETE DUMP TRUCK IN SOLID WASTE DEPARTMENT RESOLUTION NO.: 108, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, the Town’s Landfill Equipment Operator declared a 1994 Ford – One- Ton Dump Truck in the Solid Waste Department as surplus, advised Town Departments of the surplus truck, did not receive any requests from the Departments for the truck, and therefore requested Town Board authorization to sell the truck by advertising in the official Town newspaper, and WHEREAS, the Town’s Purchasing Agent published an advertisement for bids to sell the surplus truck in the official newspaper for the Town of Queensbury and seven (7) 45 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 bid proposals were received, opened and reviewed by the Town’s Purchasing Agent and Landfill Equipment Operator, and WHEREAS, Henry Manney of Glens Falls, New York submitted the highest bid for the purchase of the truck, and WHEREAS, the Town’s Purchasing Agent and Landfill Equipment Operator have recommended that the Town Board accept the bid of Mr. Manney, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the 1994 Ford – One-Ton Dump Truck in the Solid Waste Department that is no longer needed by the Town or is worn-out or obsolete, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts the high bid of $2,500 for the sale of such truck in the amount of $2,500 with funds received for the sale to be deposited into the proper Town Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Landfill Equipment Operator, Purchasing Agent, Town Fiscal Manager and/or Accountant to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None ORDER SETTING PUBLIC HEARING FOR PROPOSED EXTENSION NO. 9 TO CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT FOR JOHN W. DREPS BAY ROAD SUBDIVISION RESOLUTION NO. 109, 2007 46 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as Central Queensbury Quaker Road Sewer District Extension No. 9, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., Consulting Engineer, an engineer licensed by the State of New York, regarding the proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1- 16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in the Map, Plan and Report (hereinafter the “Sewer District Extension”), and WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A and consolidate the Sewer District Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and a coordinated SEQRA review is desired, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing to consider establishment of the previously described proposed Sewer District Extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 9. 47 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 2.The boundaries of the proposed Sewer District Extension and benefited areas of the Central Queensbury Quaker Road Sewer District are as set forth in the Map, Plan and Report previously described in this Order and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly side of Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes and 12 seconds East, a distance of 161.63 feet; continuing along Bay Road, North 05 degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands southeasterly along a curve to the left having a radius of 25.00 feet a distance of 39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47 minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South 06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of 287.70 feet to the northwest corner thereof; thence running along said the westerly line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91 feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.; thence running along the northerly bounds thereof, North 84 degrees, 06 minutes and 27 seconds West, a distance of 284.03 feet to the point and place of beginning, containing 6.37 acres of lands to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. SUBJECT also to an easement of ingress and egress over the southwesterly corner of said property as described in an easement granted by Roger W. Brassel to Stewarts Ice Cream Company, Inc. recorded in book 1115 of deeds at page 24. 3. The proposed Sewer District Extension has been accomplished by installation of three manholes and 785 LF of 8” PVC gravity sewer main connecting to a point of service at existing MH #4-22B. Individual service lateral stubs to each property in the John W. Dreps Bay Road Subdivision have been installed for connection as the 48 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 properties develop. These collection sewers will become the responsibility of the Town of Queensbury Wastewater Department and are included in the proposed District facilities. Based upon the NYS DEC standard wastewater generation rate of 0.10 gallons per day (gpd) per square foot of office building floor space and assuming 7,000 sf per lot for each of the 5 lots, the proposed Sewer District Extension will produce a projected wastewater flow of 3,500 gpd. The existing downstream, receiving sewers consist of an 8” gravity sewer stub located on the east side of Bay Road just north of the entrance to Stewarts and continues south on Bay Road to Cronin Road. All wastewater generated within the District is collected and flows to the primary sewage pumping station on Meadowbrook Road. It is then pumped through a 12” diameter force main (westerly of Quaker Road and then south on Bay Road) to Sanford Street in the City of Glens Falls where it discharges to the City sewer system. The Town’s Wastewater Director has indicated that the Town collection system receiving the flows of this proposed Sewer District Extension has adequate capacity to transport the expected flows to the City of Glens Falls Wastewater Treatment Facility which ultimately provides treatment for the Town of Queensbury wastewater and the proposed flow fits within capacity limits the Town has already contacted for from the City of Glens Falls. All such Sewer District Extension improvements are more specifically delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens Falls Wastewater Treatment Plant in the amount of $3,500 ($1 per gallon fee x 3,500 gpd) due at the time of initial hook-up. 4. All costs of construction, legal and engineering fees shall be the responsibility of the developer, John W. Dreps and are not intended to be shared by other users within the Sewer District in accordance with a formula delineated in the Map, Plan and Report. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum cost for the Sewer District Extension improvements will be $59,273. The areas or properties that comprise the Extension will be subject to the same cost for operation, maintenance and capital improvements as in the Central Queensbury Quaker Road Sewer District. 6. The estimated cost of hook-up fees to the typical property will be $3,000 to $5,000. The estimated annual cost of the Sewer District Extension to the properties will be $61.49 for a vacant lot and $122.98 for a developed lot plus approximately $994.64 for sewer rents for a total estimated annual cost of $1,056.13 for a vacant lot and $1,117.62 for a developed lot. Since there are none, the estimated annual cost for a one or two family home would be $0 for debt service and approximately $0 per year for sewer rents for a total estimated annual cost of $0. There are no one or two family homes in the Sewer District 49 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 Extension, so their hook-up cost would be $0.00. The proposed Sewer District Extension contains commercial class property; there is no residential property. 7. In accordance with Town Law §206-a, all future expenses of the Central Queensbury Quaker Road Sewer District, including all extensions included heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements, area involved and a detailed explanation of hook-up fees and cost of the District to the typical property, and, if different, the typical one or two family home, is on file with the Queensbury Town Clerk and is available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, March 19, 2007 to consider the Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 12. The Town Board hereby authorizes and directs the Town of Queensbury Executive Director of Community Development to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. 13. The Town Board further authorizes and directs the Executive Director of Community Development to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer 50 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 NOES : None ABSENT: None RESOLUTION AUTHORIZING SUBMISSION OF HOME APPLICATION TO NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND AUTHORIZING HOUSING REVOLVING LOAN FUND RESOLUTION NO.: 110, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, by Resolution No.: 528,2003, the Queensbury Town Board authorized submission of the Town of Queensbury’s Affordable Housing Strategy to the New York State Governor’s Office for Small Cities, and WHEREAS, the New York State Division of Housing and Community Renewal (DHCR) has been designated to administer the HOME Program, a federal program funded by the Federal National Affordable Housing Act of 1990, and WHEREAS, DHCR has established a submission date of March 22, 2007 for accepting applications under the HOME Program, and WHEREAS, the Town of Queensbury has reviewed its housing needs and has developed a program to meet those needs, and WHEREAS, the HOME application process requires that the governing body of the applicant authorize the submission of the application and related actions, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Community Development Department staff to prepare an application to the New York State Division of Housing and Community Renewal (DHCR) HOME Program, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to submit such application to the New York State Division of Housing 51 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 and Community Renewal (DHCR) and act in connection with the submission of the application, including execution of all required certifications and forms and provision of additional information as may be required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the commitment of $50,000 for the housing revolving loan fund as outlined in the HOME application to be taken from HUD Program Income (B-93-DH-36-0292) and the commitment of up to $35,000 through in-kind services and/or cash, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Community Development Department and Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-Noted he is very fond of this program questioned why do we want to change? Ms. Alter-Because right now I am running over budget wise in my consultant line. Noted there are some problems, we had a lengthy discussion with our Building Dept. and everyone who gets a grant should be getting a building permit to be sure that the appropriate personnel from this town makes sure what is being built is compliant. I do not think we should be relying on consultants for that. Councilman Brewer-Noted he did not have a problem with the Building Dept. inspecting. Ms. Alter-I want to limit the role of the Consultant, they should not be duplicating things that we are doing in house like the inspections. This is something that we can do to save money. Councilman Brewer-Spoke on the success of obtaining grants in the past, my only concern is there are Federal and State regulations that they are more at ease with than we are, I do not know if we are up to speed on. I want this program to continue to be successful. I was under the impression that the fees that they charge were paid for by the grant. Ms. Alter-Not totally. Councilman Sanford-Approximately 15% to administrate the program seems high. Supervisor Stec-We can make the money go farther driving hammers and nails and less overhead if we can pull it off, the risk is if we are wrong we might not get the grant. Councilman Sanford-We are also looking to help assist with the Town financing at low or no interest loans which in terms of the agencies that grant these award would probably view that in a very favorable sense because we are looking to bring over fifty thousand dollars to assist and people who evaluate the applications would probably see that as an enhancement. Supervisor Stec-This is a credit to Stu and Marilyn when she was here informing the Board that we could put the loan component into our application. Ours is a lot more competitive because we are using our own funds. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF FEBRUARY 26, 2007 52 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 RESOLUTION NO.: 111, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills nd presented as the Warrant with a run date of February 22, 2007 and a payment date of th February 27, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a ndth run date of February 22, 2007 and payment date of February 27, 2007 totaling $1,030,597.80, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Fiscal Manager and/or Accountant to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of February, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING FIREWORKS DISPLAY AT WEST RD MOUNTAIN SKI CENTER ON MARCH 3, 2007 RESOLUTION NO.: 112, 2007 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 rd DATE: Saturday, March 3, 2007 53 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 TIME: 7:00 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: 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 The Sponsor Chief of the West Glens Falls Volunteer Fire Company, Inc. and/or entity performing the fireworks display shall finalize all display arrangements in a way and timeframe to ensure that all Fire Marshal and Fire Chief inspections can be conducted during 54 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 normal business hours only so that all such inspections can be completed during daylight hours. 3. 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 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 26 day of February, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION CALLING FOR AN EXECUTIVE SESSION 55 REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7 RESOLUTION NO. 113.2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a personnel issue. th Duly adopted this 26 day of February, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING THE EXECUTIVE SESSION RESOLUTION NO. 114.2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 26 day of February, 2007 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 115.2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 26 day of February, 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