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2000-01-10 REGULAR TOWN BOARD MEETING JANUARY 10, 2000 7:00 P.M. Mtg. #2 Res. #26-35 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER BOARD MEMBER ABSENT JAMES MARTIN TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Chris Round, Executive Director of Community Development Ralph VanDusen, Water & Wastewater Superintendent Rick Missita, Highway Superintendent Mike Travis, Deputy Highway Superintendent Henry Hess, Comptroller PRESS: GF Post Star PLEDGE ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Supervisor Brower called meeting to order.... RESOLUTIONS 7:00 P.M. RESOLUTION AUTHORIZING BADGER METER INC. TO CONTINUE PROVIDING RADIO READ METERS AND ACCESSORIES TO WATER DEPARTMENT RESOLUTION NO.: 26, 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Town Board Resolution No.: 162 of 1999 authorized Badger Meter, Inc. to provide radio read meters and accessories to the Town Water Department during 1999, and WHEREAS, the Water Superintendent has recommended that the Town of Queensbury continue to use the Badger meter system and has therefore requested Town Board authorization to allow Badger Meter, Inc. to continue providing radio read meters and accessories to the Town Water Department during 2000 for a total sum not to exceed $125,000, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs Badger Meter, Inc. to continue providing the Town of Queensbury Water Department with radio read meters and accessories during 2000 for a total sum not to exceed $125,000 to be paid for from Account No.: 40-8340-4320, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury authorizes and directs the Town Water Superintendent, Purchasing Manager and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION TO AMEND 1999 BUDGET RESOLUTION NO.: 27, 2000 INTRODUCED BY: Mr. Daniel Stec SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board of the Town of Queensbury wishes to authorize fund transfers for the 1999 Budget and the Chief Fiscal Officer has approved the requests, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs that funds be transferred and the 1999 Town Budget be amended as follows: ENGINEERING: FROM: TO: $ AMOUNT: 01-1990-4400 (Contingency) 01-1440-4720 (Eng. Consulting) 18,540. TOWN CLERK: FROM: TO: $ AMOUNT: 01-1410-4010 (Contractual) 01-1410-2001 (Equipment) 94. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Turner, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION SUPPORTING STATE LEGISLATION AUTHORIZING TRANSFER OF HUDSON RIVER PARK RECREATION AREA PROPERTY FROM WARREN COUNTY TO TOWN OF QUEENSBURY RESOLUTION NO.: 28,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Town Board Resolution No.: 375.96, the Town Board of the Town of Queensbury authorized a Revocable License Agreement between the Town of Queensbury and Warren County for the use of County property as the Hudson River Park Recreation Area for a term of twenty-three (23) years, and WHEREAS, the Town has requested that Warren County rescind the Revocable License Agreement and transfer or convey the County property to the Town, and WHEREAS, the donors of the Warren County property, Carl and Barbara DeSantis, have consented to the Town's request, and WHEREAS, by Resolution No. 488 or 1999, the Warren County Board of Supervisors has requested that a Bill be introduced in the State Legislature authorizing conveyance of the County property used as the Hudson River Park Recreation Area to the Town of Queensbury, and WHEREAS, the Town Board believes that this conveyance, in lieu of the Revocable License Agreement, will benefit Town residents and therefore the Board wishes to adopt a Resolution supporting State Legislation authorizing transfer of the Hudson River Park Recreation Area property from Warren County to the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby expresses its support of the State Legislation to authorize conveyance of the Hudson River Park Recreation Area property owned by Warren County to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Town Board Resolution to the Warren County Board of Supervisors, New York State Assembly, New York State Senate and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Brewer, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION CONFIRMING TERMS OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE RESOLUTION NO.: 29, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 451.99, the Town Board of the Town of Queensbury authorized an Agreement between the Town and the Queensbury Little League (Little League), and WHEREAS, it was the intention of the Town and Little League that the Little League be obligated to utilize a portion of the $15,000 authorized amount to reduce the registration costs of program participants by $10 for each child and utilize the balance of the $15,000 for safety enhancements, and WHEREAS, a question has arisen regarding whether the applicable provision of the draft Agreement attached to Resolution No.: 451.99 could be construed as merely suggesting but not requiring the $10 per child registration cost reduction, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury and the Queensbury Little League agree that the Little League shall utilize the $15,000 authorized amount from the Town to reduce the registration costs of the program participants by $10 for each child and shall utilize the balance of the $15,000 funds for safety enhancements as previously described, and BE IT FURTHER, RESOLVED, that the applicable provision of the Agreement be revised in form acceptable to Town Counsel to effectuate the intent of this Resolution. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin Discussion Before Vote: Comptroller Hess-As I understand it, there was an agreement passed by the Town Board in December. This is a new funding for the Queensbury Little League in the amount of fifteen thousand dollars and the resolution that was passed in December was imprecise as to how the money was going to be used and this intends to clarify that to specify that approximately fifty percent of the money, about eight hundred and forty participants times ten dollars would reduce the cost per participant by ten dollars and the balance of the money would be used for the items listed on their menu of projects that deal with safety issues. And if that's done, that's how the money is to be used and then if they come back for the second year, they need to furnish a financial report verifying that that was done to get a second year's funding. (vote taken) RESOLUTION AUTHORIZING FULL-TIME EMPLOYMENT OF RYAN LASHWAY AS COMPUTER TECHNOLOGY ASSISTANT ON A NON-PERMANENT BASIS RESOLUTION NO.: 30,2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Town Board Resolution No.: 436, 1999, the Town Board of the Town of Queensbury authorized the hiring of Ryan Lashway as part-time Computer Technology Assistant, and WHEREAS, the Town Comptroller has advised the Town Board that it is now necessary to employ Mr. Lashway on a full-time, non-permanent basis for an indefinite time period, and WHEREAS, the Town Board agrees that this non-permanent, full-time employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Comptroller to hire Ryan Lashway on a full-time, non-permanent basis as Computer Technology Assistant effective January 11th, 2000 for an indefinite probationary period, and BE IT FURTHER, RESOLVED, that the annual salary for Mr. Lashway shall be $22,990 to be paid for from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Brewer, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Martin RESOLUTION AMENDING RESOLUTION NO.: 5, 2000 REGARDING MILEAGE ALLOWANCE RESOLUTION NO.: 31,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 5,2000, the Queensbury Town Board established the amount of 31( per mile to be allowed for the actual and necessary use of Town employees' personal automobiles in the performance of employees' duties, and WHEREAS, the Town Comptroller has advised that the mileage rate allowable as non-taxable by IRS effective January 1st, 2000 is 32.5( per mile and recommends that the town reimburse employees for authorized use of their personal automobiles at this rate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 5,2000 by establishing the amount of 32.5( per mile to be allowed for the actual and necessary use of Town employee's personal automobiles in the performance of employees' duties. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Martin Discussion Before Vote: Comptroller Hess proposed modification to the resolution, Councilman Stec and Councilman Brewer approved modification. (Vote taken) RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY NIGRO COMPANIES FROM LI-IA (LIGHT INDUSTRIAL - ONE ACRE) TO HC-IA (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 32,2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board of the Town of Queensbury is considering a request by Nigro Companies to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.'s: 107- 1-38,39,40,41,42,43,44,45 and 47 and located on the north side of Homer Avenue, Queensbury from LI-IA (Light Industrial- One Acre) to HC-IA (Highway Commercial- One Acre), and WHEREAS, on or about October 4th, 1999, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about December 21st, 1999, the Queensbury Planning Board was unable to reach a majority on its proposed Resolution recommending approval of the Petition for Change of Zone and therefore the vote was one of "No Action", and WHEREAS, on or about October 27th, 1999, the Warren County Planning Board recommended approval of the Petition for Change of Zone, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on Monday, January 24th, 2000 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property bearing Tax Map No.'s: 107-1-38,39,40,41,42,43,44,45 and 47 and located on the north side of Homer Avenue, Queensbury would be rezoned from LI-IA (Light Industrial- One Acre) to HC-IA (Highway Commercial- One Acre), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board wishes to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. Duly adopted this 10th day of January, 2000, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Turner, Mr. Brower NOES None ABSENT: Mr. Martin PLANNED DISCUSSIONS Supervisor Brower requested meeting with the Town Board Members and Comptroller Hess to discuss Fire Company contracts... Town Board held discussion and agreed to schedule meeting for Thursday, the 13th at six o'clock p.rn. in the Supervisor's Conference Room. PRESENTATION - Result of GIS Needs Assessment 7:10 P.M. Chris Round, Executive Director-Last year the town was successful in receiving a fifteen thousand dollar grant to perform a GIS needs assessment and we received that grant from New York State Archives and Records Administration. The purpose of the needs assessment was to identify our existing use. Most of you are familiar that we have GIS installed in the town Community Development Department, the Highway Department has a license and the Water and Wastewater Department utilize GIS. Again, we successfully received the grant for conducting the needs assessment feasibility study and we have Austin Fisher who is here from Applied GIS as the consultant who did the work and Austin is here to talk a little bit about where Queensbury is with GIS and the results of the needs assessment and the next step that we have to take. What we're hoping to do is present this information to you and then submit a grant for implementing the recommendation of the needs assessment. Our grant deadline is tight, we need to submit a complete package by February 1st, it requires a resolution of the Town Board in support of that. We're hoping that the grant will pay the lion's share of the short term costs but as you'll hear Austin talk about it, it's a change in how we do business and how we operate and it will require a long term commitment by the Town Board. Supervisor Brower-I'd like to ask a question right up front of either Chris or Austin. In determining this study, did you take into affect the GIS system that the county is running and did you coordinate your discussions so that we have a coordinated approach to this? Mr. Round, Executive Director-Right. We were actually, number one the county has a very limited GIS capability at this time. It's not nearly as broad or as sophisticated as the Town of Queensbury's. The county was included in our needs assessment. They're actually identified in the scope, the New York State Project Leader Team, the State Archives and Records Administration asked us that we specifically include Warren County because counties are typically one of the first implementers of GIS in this kind of business model or government model. So we are aware of everything that the county is doing. We're communicating with them. Some of the recommendations contained in our plan are contemplated things that the county will be doing in the future so we're trying to work hand and hand with them. Austin Fisher, Applied GIS Consultant-What I'm going to do, hopefully everyone can hear. What I'm going to do as Chris said, is just give you sort of an overview of this project, a SUllUllary of some of the findings. I'm trying to limit it to fifteen minutes or so. I'll be glad to talk as long as you like and answer as many questions that you want. I can't possibly cover all the material so I tried to cover the key points. I'm sure I missed some of them but as I said, I'll be glad to expand upon anything that comes up. The format is basically to give you some background information on the town's history with regard to GIS which stands for geographic information system on technology. And then I want to give you an overview of this current project that we're really just concluding right now, ... for short hand purposes is called a GIS Needs Assessment project. Maybe that doesn't sound like the shortest name but it can be longer. So, I'll give you the summary of the findings along with the recommendations for what we're proposing the town to do and a couple of summary comments as well. My intent is to make this informal so as I said, again, please feel free throw out questions, things I'm not making clear, I'd be glad to try and answer them as we go. Just a series of comments regarding Queensbury's history with GIS. The town has been using the technology for quite some time, back since about 1993, give or take. So, it's been, you know, seven or so years that the town has been using the technology. It's been used primarily within two departments. Community Development and the Water Departments. It's also used and has been used a certain degree within the Wastewater Department, within the Highway Department. I believe those are the other two users but the primary users, as we understand it, have been Community Development and the Water Departments. The town owns a number of copies of GIS software. There hasn't been a significant investment in software itself. I think also, they probably purchased three to four copies and two of those are being used in the departments I mentioned. A number of staff in this town have received technical training on the use of the software. The town has developed a large number of data layers, the way that GIS technology works and essentially with different layers, the map information can overlay on top of each other. Data is a key component of the technology. You can't do a lot without a lot of good map data to work with. The town has developed really an extensive collection of data text which is really a big asset to have. On first and foremost, on this tax parcel boundaries, that's typically the base layer that most municipalities would like to build their GIS from. Not all have access to that but given the activities of Warren County and the town's work, you have a good set of base map data. You have a lot of overlays such as wetlands, zone boundaries, water mains, it goes on and on. There's literally, well over twenty different discreet layers of information that cover the entire town. There's been some custom programs developed to run within GIS expanded capabilities, automate certain tasks, make it a little more targeted and useful. A particular program was developed to create an abutter list, when a proximity notification needs to be generated, very easy to select a parcel in question, calculate all the parcels within a given radius, that typically is five hundred feet and actual generate form letters, mailing labels very quickly. It can be done now using GIS in literally a matter of a minute or two of which would have taken hours and hours to do in the previous technique. Our company has been working with the town really since you've began using the technology back in 1993. As Chris said, earlier this year or last year now, in 1999 you were awarding a grant from SARAH, State Archives and Records Administration on to conduct a GIS Needs Assessment and develop what's called a conceptual system design and implementation plan. I'll talk about those in a moment. SARAH has been a lead player in terms of New York State and funding GIS efforts. Typically, they will fund two runs of geographically efforts. One is a needs assessment followed by actually funding money to help implement and act upon the recommendations from that needs assessment. So, an overview of some of the findings. I did brake the findings out by the different major components of the project. The first component of the project was the needs assessment and in that process, the goal is to go in, identify what the town has right now, what resources exist within the town that are relevant to GIS and typically those are things like computer hardware and networks, any GIS software which in this case the town has and map data, layers and so on. And also, like to identify potential use of the technology. Given that the town has already been using the technology, those uses are clearer and easy to identify by meeting with other departments, interviewing other departments and a number of other potential uses of technology came out as well. We did meet with the town departments as well as Warren County, the Planning Department to identify what the county was doing and how that may impact what the town's plans are. Throughout that needs assessment process we identified thirty-five uses, potential uses of GIS technology that exist within these departments. Some of them are actually being done now in water and community development and many others are potential applications that can be implemented with the technology. The conceptual systems design, the objective to that is really to identify a frame work, a model for implementing the technology from which to build the GIS or further expand within the town. In doing that, we looked at options for different GIS software. GIS software is just like word processing and database software. There are a number of vendors out there and so you have choices in terms of what direction, what set of products that you want to use and we looked at various options there and in terms of deployment strategy, what I mean by that is it's basically an approach to implement the technology and hopefully that will become clearer in a moment. Of those approaches, the one that was recommended is using the Internet or Intranet as a means of distributing the technology more broadly within the town. Now, just a quick distinction between Internet and Intranet. Everyone has heard of Internet. The Intranet is basically just an internal network where you're not tied into the world wide web. It happens within an organization, it's a closed loop, it's not available to anyone. You can limit access to it and other advantages include performance because you can run within your internal town network, the performance is much greater then it would be if you running over phone lines limited by connection speeds and so on. But the model itself works the same whether you use the Internet or the Intranet as the network in which you distribute the technology. The implementation plan contains methodology for how to get started, how to actually act upon these recommendations and follow through with this deployment strategy and it includes things like the methodology for the initial system setup, ongoing operations and recommendations for continued expansion of the town's system in the future. The primary components would include establishing a target team, selecting what we would call level one applications, of those thirty-nine applications, you can't do them all at once. So, you have to prioritize and pick those that are most important and act upon those and typically you're dealing with three to six applications that you want to tackle to begin with. Then you need to purchase equipment, hardware and software, contract for services on, generally speaking, GIS expertise is well, it is a specialized set of expertise and most organizations choose to contract with consultants like our company. It's not a requirement, you don't have to do it but it is typically the way things are done. Then there's a system set up itself in developing those set of applications, the uses of the technology, train users and actually launching the system. So,.. you're probably talking about a realistic schedule of probably, a six month schedule, give or take to get through that set of tasks. So, a couple of quick summary comments. The town itself has made a significant investment in technology. You've been using it for quite some time and using it with success. It's essentially proven within the departments that it's being used. Particularly, Community Development and water, both are having realizing clear and tangible benefits of the technology. In meeting with the other departments and conducting the needs assessment, there was a clear indication that there is benefit utility that they could derive and interest in the other departments we met with who include the Assessor's Office, the Clerk's Office, the Highway Department, Water and Wastewater, Community Development and, who did I leave out? I know I left someone out. Funding for, for it's implementation, as I mentioned before, does exist, you can apply to SARAH for additional funding. As Chris mentioned, the time line is relatively tight, applications are due by February 1st of this year. I believe the town has a very strong likelihood of receiving funding. The funding for implementation is significant in terms of the amount that they will fund. It's up to seventy-five thousand dollars per municipality. If it was ajoint application, it could even be larger. Joint application between the county and the town, which wouldn't work in your case because the county is actually a couple of steps behind you, they could fund up to one hundred thousand dollars. But I believe you have a very strong chance of getting funding and being awarded, not necessarily the full seventy-five thousand but a significant amount. Then the last comment would be that essentially the, it's really more of a caveat in a sense, the technology itself is one where there's funding available. You've invested a certain amount of money to date and a significant amount of money, you've also received funding from SARAH for the first round, the needs assessment itself. You have a high likelihood of receiving funding if you choose to go ahead and submit a grant for implementation money but like any technology, like any system, it's dynamic and it's going to need continued support in the long run. You can't not support the system in the years to come. SARAH is not going to support every year, so you need to recognize it. It will be a need for continued support like there would with any system that you have within the town. Supervisor Brower-Would you specify some of that support criteria? Mr. Fisher-The support, the support is, there's certain financial support and I can't really throw out a dollar amount that, it's several thousand dollars a year to stay current with the software. Software gets upgraded. If you choose to hire ongoing support services, there's cost associated with that. If you choose to hire staff dedicated to GIS, which is also a possibility and some organizations do that. The county has done that, there's the cost of their salaries. But I believe you're talking about, realistically a minimum of probably in the ballpark of ten thousand dollars a year on an ongoing basis to support the technology, realistically. You can have the system functioning for less than that but to continually grow and support it on a town wide basis, and that's what we're talking about right now. This is the point of strategy, really talking about putting GIS on anyone's desk within the town who chooses to have it or if you choose to actually deploy it over the Internet, making it available to the public, as broad an audience as you'd like with really no additional cost. The per user cost is very low by using an Internet or Intranet approach. Councilman Brewer-How does the Intranet, how would a, suppose someone at home wanted to access it, how would they go about doing it? Mr. Fisher-They could not with the Intranet. That's the Councilman Brewer-Oh, only on the Internet, okay. Mr. Fisher-Only on the Internet, that's right. The Intranet, the advantages of the Intranet are basically, primarily performance because you put it on, essentially, you're just putting it on your local network and so you have all the connection and access that even you have now on your local network which is considerable. Councilman Brewer-Within the town. Mr. Fisher-But it's just within the town. So, you have to be physically connected to that. You can, the nice thing about the model though, is that it's exactly the same set up, the same computer, it's just a matter of whether you plug it into the Internet or plug it into your local Intranet, in terms of making it accessible to whoever is connected to one of those networks. Supervisor Brower-You make that sound pretty easy but I saw the county's demonstration of the GIS system and they had a very experienced operator and there were a number of variables that they had to input into the software in order to obtain any information. Mr. Fisher-Right. Supervisor Brower-I can't quite envision your average citizen being able to access that information readily. Mr. Fisher-I believe you certainly can. GIS technology is complex and at a certain level requires trained technical staff to thoroughly operate it. However, it's like a lot of technologies, there's different levels at which you can enter into it. On the Internet right now, you can go to a lot of Internet sites right now like Mapquest and other sites, there are many, many sites that have maps or are enabled with maps. Those are pretty intuitive to go to and work through. You're not going to be able to do as sophisticated as the degree of analysis as you could with the desktop GIS software located within Community Development and the water departments. But if you wanted to provide, for instance a user, regardless of who that user is, it could be the public, it could be town employees, with the ability to do some simple things like simply displaying a map of the town overlaying selected layers. It's really just a matter of clinking on a layer that they would be interested in, finding a property, liking typing in an owner's name or a property address or the actual section, block and lot and zooming to that property and overlaying things like wetlands or zoning. That level of access to GIS, it can be made quite simple and the nice thing about going through the Internet or the Intranet is, you're interfaced with it, is a .... it's Netscape or Explorer and those interfaces are actually quite basic at this point and that's a good thing because it makes it that much easier for people to have that comfort level and know, you know if they know how to browse the web site, they would know how to browse a GIS enabled web site as well. So, I don't mean to say it's simple technology but it can, certain pieces of it, can be made quite accessible in terms of the degree of complexity. Any other questions I can answer for you? Supervisor Brower-Are you finished? Mr. Fisher-Pretty much. I tried to go through a lot of material very quickly. Supervisor Brower-You said our ongoing yearly expense would be ten thousand dollars, in that range. You're talking software only, correct? Mr. Fisher-No. It's a difficult question to answer. We, if, and actually one thing that I didn't hand out that's with me that I should have done. This is just a diagram of the actual sort of model for deploying technology and I apologize for not giving it to you a little earlier. Mr. Round, Executive Director-One of the components of support, Dennis is software. Other components are training. If you have new people come in and you have a new technology, now you have to train those people to utilize that technology. If major changes come in how we implement GIS two years from now, we'll have to take changes into consideration. Ralph VanDusen, myself, Helen Otte visited the village or town of, is South Hampton? South Hampton, when we were exploring the use of the govern system that we're now deploying right now within the town which is a database management system to track many different functions within the town and they're at a different level of support. They have a support staff that handles two hundred and fifty employees, 911 systems, ecetera and so there is potential for dedicated staff. I don't think that the needs assessment doesn't, it identifies that there is a need for expertise, GIS expertise where the town chooses to bring that expertise into the town, contracts with the county or uses consulting services, there's a cost associated with that. Right now, we pay upwards of seven thousand dollars a year for GIS support, just alone for upgrading our tax parcel base because the county is yet to bring a tax parcel base system into the auto cad and then convertible to a GIS format. That cost is going to go away hopefully within a year. We've been saying that for, and I don't have to tell you Mr. Brower how long we've been saying that but that cost is going to go away. The county has chosen a different path. They hired the expert before they, and chose to staff somebody and they don't have GIS, only within one department. But it is, there's a cost associated with that but it's ten to twenty thousand dollars and it's going to grow. We're going to require support for technology for our Govern system that's coming in, whether we can handle that with our current staffing of our technology support department right now, that's in question because certain departments don't feel that they get the level of support that's required just to run office applications let alone a complex database or let alone a GIS system. What Austin didn't show you is what we're proposing to do is to introduce this through technology that a lot of people are experienced with and that's Internet technology. That's windows explorer and it is a very simple user friendly technology across the globe. It is a very simple query system that you're able to click and point, it does not require a tactician, statistician, a computer expert to find where you live, identify that it's correct property and then depending on what our client needs are, whether it's internal or external, to define what information is useful to thern. We're not going to give everybody access to every range of piece of information we have related to a tax parcel. But we may find that a lot of our inquiries, and we've done this through our needs assessment that people coming to the Assessor's Department, fifty percent of the people coming in the door could be handled through Internet technology or through GIS technology that would alleviate them of a portion of their workload. What the recommendation also is a migration from our Maplnfo technology, currently we use Maplnfo as the software, the package that we utilize in the town. We're proposing to go to the ESRI, or EstreArtview software. That is the software that the county is going to be utilizing. That's the software, although Maplnfo and ESRI are relatively compatible with one another, there's conversion technologies that we utilize today. We feel that the step to ESRI is the step to the future because that's where the state is usually utilizing that technology to generate data coverages for us. Supervisor Brower-Will some of this grant pay for that conversion? Mr. Round, Executive Director-Yes and that's important note. What we're proposing a grant for and we haven't yet put out bids, we'll put out a request for proposals for bids to put a dollar value on the grant that we're going for but it's potentially, it's for purchase of hardware which is IMS which is an Internet map server, it's for the software itself. It's potentially, we could ask for staffing support for a year or consulting support, depending on where we're going to go. A component of implementation is the Internet connection or connectivity and we have a Tlline to the Water Department. We may need to make upgrades in our connection, it may happen, we're hoping that the economic forces are going to drive it so we don't have to make those changes. It's a big switch from how we're doing things now. I don't know if Henry, Henry had a couple of questions, I know. Henry Hess, Comptroller-I'd just like to make a couple of comments. First of all, comments from my own personal perspective. The first comment is, and it's not intended as an indictment against the needs assessment because I haven't seen the final report. I did see a preliminary report early on. I was told I would get a copy of the final report, I haven't seen it yet. But I did voice my concern to Chris that the town's controller would have probably felt a higher degree or probably felt more comfortable with the degree of objectivity if we had hired a company that wasn't our vendor in this field to do this work and we hired our own vendor to do the work and that doesn't necessary make the work bad, it makes me skeptical and it makes me read the report very clearly and I need to get a copy of that report to see it. Mr. Fisher-Actually, I'd sort oflike to comment on that. Why would that make you skeptical? Our business is, we are GIS consultants, we're actually not a software vendor. Mr. Hess, Comptroller-I thought, can I finish this? Mr. Fisher-Sure, sure, absolutely. Mr. Hess, Comptroller-Yea, and I'll be glad to talk that with you and it has nothing to do, as I said, it's not an indictment. It has nothing to do with questioning, it's just that when you're looking for a, and I'll come back to that. I will give you a comment on that. Secondly, a cost benefit analysis and I guess this gets back to the report. I'm mean we're talking here, we spent fifteen thousand dollars for this and it's not our money and I'm not involved in that, the reason I'm making my comments is because we do have a data processing component, a central data processing division in the town. Ironically, it was want, not one of the, one of the departments that Austin mentioned when he talked about the people he worked with to get this thing done and maybe that was the one you over, maybe that was the oversight. Mr. Fisher-No, well, yes we did meet with them but they are not typically a user. Mr. Hess, Comptroller-Okay, okay, they're not a user by they're the ones that would support this. But they, I think an important component of this is a cost benefit analysis. I mean, I think it's, we need to know, if you're going to commit the resources to this, what is the cost in the future? Is it ten thousand? Is it ten thousand plus dedicated? What is the level of support that we're prepared to give to this now, that we have that talent in house or do we have to hire that talent in house. And, here again, these are not, these are rhetorical questions tonight, but they're questions that need to be addressed at some point. And the central data processing support I think is a major concern as well as a cost benefit analysis because we talked about cost, we didn't talk about cost benefit. We talked about what it might do but I don't know how, I don't know if there's a payback that we should anticipate on this or how we value the additional service we're providing. The second series of comments I would like, Bill Shaw who is our computer tech was not able to be here tonight but he and I have had several conversations about this and he hasn't seen the final report. His concerns though, without having seen it and just concerned about what we're going, we have some major things on our plate right now. The Govern conversion. We have some other things that we have to look forward to. We put off a serious look at our accounting software package last year because Govern was the priority for this year and we can back that up but we do have, we do have to make sure that the GIS falls in priority with all the other things that we have to do. That it doesn't just ..., you know, move everything below that Councilman Brewer-Henry, who would install this GIS? Would it be Shaw or would it be? Mr. Hess, Comptroller-It would have to be, Bill would have to be involved, it runs our networks. I mean, you could not bypass, you could not bypass central data processing. Mr. Round, Executive Director-What Henry is talking about, and he'll correct me, is that the number of changes that we're implementing at one time and our ability to coordinate and smoothly integrate the various technologies that we're trying to do and it's a valid concern. Mr. Hess, Comptroller-Yea, so I think that we have to, training, Bill, one of the things Bill expressed was training, how would we maximize, how would we ensure maximum, maximum utilization of this. What are the training components, that are probably in the report, how would that be effected? What are the costs for training to ensure that maximum utilization and putting a hard number on the recurring costs. SARAH is going to pick up a good portion probably of the initial. What are the recurring costs? I mean we have to pin them down. This report really should tell us what recurring costs we should expect and what kind of commitment that the town would have to make on an ongoing basis. Bill hasn't seen the report. He has expressed to me his concern that we need to know those things before a commitment is made especially in view of all the other things that the town is doing, spending money on. So, like I said, these are not negative comments. I do not at all question the desirability or the need for this. If Chris, this is Chris's thing and if he sees it, I don't argue it. I do argue it in terms, I do argue the fact that it should not automatically usurp you serve all the other priorities that we've identified ahead time and that we really need to put cost on those recurring expenses. Supervisor Brower-Well, I think you bring up a good point in that the thing I would ask you Chris is, would this be a stepped or phased in program? In other words, if you receive this grant, is there a certain time limit within which you have to respond to all the things that you're addressing in the needs assessment? Or can you prioritize that so that it can happen in a smooth even fashion over time? Mr. Round, Executive Director-Right, the grant deadline is February 1st and that's not a commitment to installing a particular system on February 1st. If successful, the reporting is June 30th I believe is the actual award announcement date. You have up to a year to actually spend the money. It's going to take time from June 30th, from the announcement of the award to start a project. So, we're looking at September, probably at actually hiring somebody to do the installation. Bill would be involved in the actual installation and I think Austin touched on the actual implementation and that's in here. The needs assessment did, so Henry knows, the needs assessment came out approximately two weeks ago, we distributed copies to all the people involved. Data processing, or technology support was involved both in the needs assessment, they receive copies of the needs assessment and we kept them involved and looked for their guidance. I spoke to Bill today. Bill has the concerns that Henry has mentioned but he's also, he's supportive of the Internet base technology implementation plan because that's, it's proven, he's supportive of the use of it in the town. But, talking about training, training is a component that we can go after as a part of the grant assessment and that's part of the grant and that's a vital component. Technology is no good unless you have adequate training and adequate support. Supervisor Brower-Well, one of the things that really encourages me is the fact that you'll be compatible with the county so that we'll be able to interchange information on a regular basis. I see a big value there and I don't know how much of that seventy-five thousand dollars that component is upgrading the software. Any idea, Austin? Mr. Round, Executive Director-Depending on, and I'll jump in, I think it's about twelve hundred dollars per license depending on, plus there's software associated with the Internet Map server as well. So, there's a couple of components so there's cost that we're going to, there's cost savings. Support, long term support and long term costs, that's very difficult. I don't think you can put a long term cost on a lot of things we do. We recognize that there is a cost associated with that. That is something that we could migrate to the county. That support could come from the county and their technology support person. It depends on a couple of things. I want to answer the question in regards to choosing Applied GIS as our consultant. They are consultants, they're not selling us software. They're like engineers, if you have a working relationship with an engineer, you trust their judgment. They know your highway infrastructure. You generally go back to the people that you're comfortable working with. We solicited three bids, they were, if not the low bid, they were next to low bid and we chose them as a team because of our comfort level with the consultant and we value that highly. Supervisor Brower-Have, Austin, have you been our consultant since 1993? Mr. Fisher-Yes, yes we have. Supervisor Brower-There's a lot of value in staying with someone you know. Mr. Fisher-Well, typically, there's really not a conflict of interest with, as I said, we're a consulting firm. Our goal is to come in and try to determine what would be most appropriate for you and with your input and I think it's been a very open process throughout. We don't have a hidden agenda, we're very, that's, was my initial concern with the comment. That's not the business we're in. We're intending to try and help you identify an appropriate solution and move forward and that's our sole objective. We do make our living offering services but that doesn't necessarily put us on that conflict. Supervisor Brower-Of the thirty-nine current and potential uses identified for the technology, how many are current? Mr. Fisher-The current uses are probably, I would say about a half a dozen of those and again, those are within the two primary user departments that I mentioned in terms of actively using the technology right now. Supervisor Brower-So about six of the thirty-nine potential uses are currently being done? Mr. Fisher-Are currently being done. Supervisor Brower-Being done? Mr. Fisher-Yes. Supervisor Brower-So, you see a wide utilization of this software. Mr. Fisher-Certainly, right which is very Supervisor Brower-Far beyond what we're using now, currently using it for. Mr. Fisher-Well, absolutely, right and that's very typical. We work with many different organizations. We work with, currently we're working with the City of Amsterdam, Montgomery County. We've worked with Madison County, City of Albany, Albany County, Clifton Park. I can name, we've probably worked with close to twenty municipal or county governments within New York State. It's really no surprise the type of uses you see with technology because you all do a number of the same things. You all have assessment responsibilities, town clerk responsibilities, highway, water infrastructure responsibilities and like any technology, you see a commonality there and Queensbury has, what's been encouraging about the work that we've done with Queensbury, the level of interest and support from the departments that we've met with. I think that the groups that we've met with have been quite excited about the technology and excited about the possibilities. One of the first things we do in these types of projects is actually to conduct a seminar to educate the departments a little bit more about what the technology is so they can understand how it may apply to their day to day activities and I think it's gone quite well in the town. Supervisor Brower-Excellent. Mr. Round, Executive Director-I just, to close it out, we didn't talk about the applications too much and that's the real, the nuts and bolts and what process are we going to actual utilize or automate. Helen was going to, Helen Otte, I had asked Helen to be here and asked Ralph to be here and this is not being driven by Community Development, just to let you know, it's a team approach. It's something that we already have and utilize the GIS technology within our department and we could walk away and be happy with what we have in our office and not need for a lot but what we're trying to do is allow other departments to utilize that. Both Ralph and Helen have expressed a keen interest. The Assessor has a terrific potential to benefit from the implementation of the technology whether it's part of revaluation, whether it's automating certain processes when her department are handling regular inquires. But we've established a priority list internally of those applications and those fall across departments, those fall within water and wastewater. One of these is the UFPO, and Ralph will give you a number. Ralph, what was the number ofUFPO? Ralph VanDusen, Water & Wastewater Superintendent-About three thousand. Mr. Round, Executive Director-About three thousand inquires they handle under Utilities, and now I don't remember what UFPO stands for, Ralph. Mr. VanDusen, Water & Wastewater Superintendent-Underground Facilities Protection. Mr. Round, Executive Director-Oh, Underground Facilities Protection. They receive three thousand inquires a year to go out and mark utilities. That means to go, collect a map, several maps in some occasions, get a person to compile that information, send them out to the field, find the landmarks, locate the stuff. With GIS technology, we'll be able to pull a map with a simple tax parcel or an owner ID and give them information that's going to cut down a regular thirty minute or an one hour data gathering and compress it into the course of a minute or two minutes. Supervisor Brower-Excellent. Well a very nice presentation. Any other questions by the board members? Councilman Brewer-I think it's a good idea and I would support the application. Councilman Stec-I agree. You have a February 1st deadline for the grant? Mr. Round, Executive Director-Yea, what I'm looking for, I want to bring you up to speed. It is, again, because the needs assessment, because of the grant funding cycle, the kickoff was only in September because that's when we received the money so the three months is a compressed time frame to do the amount of work that Applied GIS has done. That's why the report is here this week. Last week, and that's why we're here in front of you today instead of two months ago to bring you up to speed because it's a lot of information. We'll be submitting a memo to you outlining what we're actually requesting funding for. We'll try to provide some answers to some other questions that we're raised tonight as far as some long term costs and we'll bring a resolution to you back on the 24th in support of the application. Supervisor Brower-Now, I know we're already sharing an assessor with Glens Falls. Can this technology be picked up fairly easily by the City of Glens Falls as well? Mr. Round, Executive Director-Yes, it has, it requires action on the City of Glens Falls, not on the part of the Town of Queensbury. With the advent of the tax map basing system, that's going to greatly expedite that. I know that they have developed some limited data coverages as a part of their master plan that they've worked through. That's going to have some utility to the city whether it works for assessment and reevaluations, I'm not sure. But they are, I tried to, I try to share the grant opportunities with people because it's good for the community that we have this technology available to all of us but we'll keep them in the loop but that's a good question. Supervisor Brower-Excellent. Mr. Fisher-The county's plan, it's quite consistent with the county's plans although they are in an sense, behind you in certain aspects even though they've been using GIS technology for a longer period of time. They are moving towards an Internet model for the deploying of technology so at some point, as you continue, if you choose to continue on developing the technology and the county moves forward in the direction they're planning on, there's very great compatibility not only in terms of the software formats but actually the approach on using the Internet or Intranet approach as well. Supervisor Brower-Thank you. Any other questions from the Town Board members? Thank you very much. Nice presentation, Austin. 7:50 P.M. Supervisor Brower requested an Executive Session at the end of the meeting to discuss a personnel matter and a matter of pending litigation.... Mr. Round, Executive Director gave brief update on Veteran's Park.... The previous administration requested lead agency status in that review and without question the Town Board will be the lead agent for purposes of SEQRA review.... We now have a Draft Environmental Impact Statement in house, we've had it for approximately a week. I've reviewed it and I have some comments on that Draft Impact Statement.... I'll be sitting down with the town's attorney later this week and we'd like to bring you, if the consultant applicant can modify the Impact Statement with some minor modifications, bring that to you January 24th for acceptance as complete... The 24th, we'll issue a couple of procedural actions, a positive declaration, accept that document as complete for public review, issue the document for comment, establish a thirty day comment period, proposing through February 28th for comment and I'd like to set a public hearing on the EIS, it's not required but I think we'd benefit from it. I'm also proposing a joint public hearing between the Town Board and the Planning Board rather then duplicate public hearing sessions and have a public hearing for the recommendation on the rezoning and some site plan review and subdivision, take all the public comment in one sitting. I think it's a manageable task and both boards would benefit from that. That I'm looking for February 14th or 15th, the 14th is a regular Town Board meeting date and the 15th is a regular Planning Board meeting date and I'll look to your guidance to establish that date prior to the 24th of January. Then we'll proceed through that process as it typically does, close the comment period, prepare a final, receive a final, ecetera.... Just real quickly, the project involves rezoning of a property, part of the land that the City of Glens Falls owns. It will probably require the establishment of a new district, a district called Light Industrial Special that will allow industrial uses to take place on that property without additional site plan or town review. It will allow you to issue a building permit for those activities so long as they fall within certain thresholds. OPEN FORUM 7:55 P.M. Mr. Lew Stone, 192 Lake Parkway, Queensbury wished the new board well... Referred to GIS noting that he feels it's the new world and recommended that the board be positive in their decision making and consider what the program can do for the town. Mr. Bob Vallero, 5 Gentry Lane, Queensbury referred to the recently approved site plan for Phase I of Hiland Springs rental apartments and noted that the previous Town Board passed a resolution stating that the proposed applications submitted by a contractor was consistent with the original intent of the Hiland Park PUD... After reading the PUD, I disagree with the term consistent... In the future when the Town Board is approached by a contractor to adopt a resolution which may have far reaching affects on the town's growth pattern, members of the board should at least discuss the matter with the chairman of the affected board prior to passing a binding resolution.... I feel, after reading the PUD and after reading Mr. Voss' memos, that the word consistent with the PUD was poorly used in the resolution. Supervisor Brower questioned whether he mentioned this during his deliberations with the Planning Board? Mr. Vallero- Yes, I did. But prior to the board, I met with Mr. Turner and Mr. Merrill the morning before the board convened on this subject. Councilman Brewer-Before the Town Board did? Mr. Vallero-Before the Planning Board did. The Town Board had already made the resolution. The resolution was a binding resolution that the Planning Board had to abide by because the way our democracy is set up, you make the laws and we follow thern. Bob Wescott, 51 Gregwood Circle, Queensbury spoke to the board as President of Queensbury Central regarding the purchase of a new pumper... noted that they've been trying to purchase the pumper since 1999... noted that they're running out of time and have a deadline of the 31st of January to purchase. The new pumper is replacing a 1976 Mac. We plan on selling this truck. The value of this truck is probably approximately fifteen to twenty thousand dollars. The estimated delivery of our new truck is probably one year. The last note that I received from our treasurer that came from Mr. Hess, I'm working on your truck purchase, I'll let you know how it will affect your proposed budget. Our vehicle fund balance is a hundred and thirty-four thousand. At 12'98, fifty thousand added in 1999 plus about four thousand 1999 earnings. We recommend that the entire balance of the vehicle fund plus the fifty thousand included in the year 2000 proposed budget be used towards the purchase. This will leave the amount to be financed of approximately sixty-six thousand. Supervisor Brower-What's the total cost of your new vehicle that you're looking for? Blair Davies, 15 Greenway Drive, Queensbury-We bid out the truck, we received three bids back, the lowest bid that we agreed to go with is approximately two hundred and fifty thousand dollars. The reason why we're here tonight is that we actually received the bids, opened them back in August. We awarded the bid in September and we've attempted to move this process along. Speaking with the vendor, he's managed to extend the bid, he's held the bid that he's got run now and it actually got it extended to this month. He has stated to me that he estimates that if we have to re-bid this truck, the cost is going to go up approximately ten percent so you're taking an additional twenty-five thousand dollars should we not go with this bid price at this point. Councilman Brewer-Do you think you have a buyer for the old truck? Mr. Davies-At this point, we really haven't look into that. There are some vendors out there that do deal with used apparatus. We have sold apparatus in the past. At this point, we really haven't explore that. Councilman Brewer-And if you did sell that, that money would be applied to the sixty-six thousand? Mr. Davies-Right and we're also looking at possibly a lease purchase where, it's actually a fairly low interest rate and depending on how many years you go, you actually don't make your first payment for a year which would be approximately the time of delivery which I would estimate approximately a year from this date, you actually make your first payment. So, with our a hundred thirty-four thousand plus with our current contract, if we get an additional fifty thousand this year and then what ever interest you can accrue during this year 2000, we might only have to finance fifty thousand dollars and if you do that over a period of two to three years, we're not looking at coming back too for more money or anything, we should be able to do that with what we have now. Mr. Hess, Comptroller-We compiled a brief financial analysis of this and distributed it to the board back in December. I think I may have sent a copy to you at that time. At the same time, there were a couple of questions that I think I sent off to the squad along with my comments and I don't think I got a response back which is okay. I mean, they're providing some information tonight that I think I had originally asked for, like what's the value of the truck and how are going to apply the purchase price. But, I think you need a public hearing to do this. Supervisor Brower-What's the advertising time required? Is it ten days? Counsel Schachner-Ten days for most all public hearings, that's always your safest bet. Mr. Hess, Comptroller-Between now and the public hearing I can put together that information together with what I got tonight and distribute it to you. Town Board held discussion, agreed to schedule the hearing for the 24th and the following resolution was proposed: RESOLUTION SETTING PUBLIC HEARING REGARDING PURCHASE OF 1999 PUMPER FOR QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY RESOLUTION NO.: 33,2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby agrees to schedule a Public Hearing on January 24th, 2000 for the purchase of a 1999 Pumper for Queensbury Central Volunteer Fire Company. Duly adopted this 10th of January, 2000, by the following vote: AYES: Mr. Brewer, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT: Mr. Martin Mark Hoffman, Fox Hollow Lane congratulated the new members, the first Town Board of the new Millenniurn... Referred to the updating of the town wide rezoning, which he feels will be the most important action of this Town Board and noted two major concerns... one being the many specific rezonings involved and expressed concern that there has not been a lot of public input into these rezonings... strongly advise that each specific substantial rezoning be associated with separate public input with notification of neighbors and with good maps available... over the last several years, we've heard with numerous applicants people coming up to the table stating that they were not aware that property in their neighborhood had been rezoned and we don't want to see that happen again... the other specific concern is from the notes of one of the zoning committee meetings where it relates to the lower Route 9 area north of the city up to the Aviation Road. My feeling on that specific area is that it really is the defacto center for the Town of Queensbury. It is the heaviest commercial area. It's an extremely desirable area for commercial activity, it's close to the Northway, Route 9, Quaker, Aviation, the mall is around the comer. It's close to the city, Crandall Park is down the street. It should be the center piece for the Town of Queensbury. It should be a model for the Northeastern United States, to say this is what a town should look like. What the notes say in regard to lower Route 9, this would be appropriate for suburban commercial strip development guidelines. Maybe those guidelines aren't so bad and it just sounds like it's going to be strip malls. I think that we might like to upgrade that to a greater degree. What should it look like, I don't know but I think that's why you bring experts in. But I think we need to let people know that that should be an area of high priority. Fuller Road Discussion Curtis & Marion Rowland, 79 Fuller Road submitted copies of their letter to the Town Board members and then read the following into the record: To: The Members of the Town Board, Town of Queensbury It has come to our attention that there are individuals requesting the new Town Board to disregard the New York State Appellant Division's Decision and Order and pursue re-opening the closed section of Fuller Road. We are concerned that the new board members have not had the opportunity to meet with my husband and myself, at our home, to view and discuss the current issues and those involved leading up to the closure of the portion of Fuller Road. In light of these factors we would like to inform the board of some of the factors which we believe should be considered prior to any further discussions involving the status of the road. Yes, we did, in November of 1994, approach the Town Board requesting to have the Highway Superintendent close a portion of Fuller Road in order to conform the land to the Town's zoning requirements. The prior owners, a retired couple hoping to sell a portion of their property to lower their taxes, had suggested that we look into the possibility of having the road closed. They stated that they had, several years prior, spoken with the highway superintendent concerning the uselessness and hazards of the road. They had been informed that they only needed to go through the legal steps to close the road. This would allow anyone interested in purchasing this property the clearance to meet the zoning regulations set by the Town of Queensbury. Buildings in ten acre zoning are required to be set back 100 feet from all property lines. This parcel is roughly 200 feet wide, at the widest section, between the easterly line and Fuller Road and less than that between Fuller Road and Clendon Brook Road. We then approached Mr. Paul Naylor, the highway superintendent, introduced ourselves as prospective buyers, and questioned the possibility of having the road closed. He informed us that the prior owners had spoke with him regarding closing the road. He too felt it was an unnecessary town expense and a hazard for the highway department to be maintaining the upper portion of the road. He was in agreement to close that portion providing we took the necessary legal steps to do so. Given the fact that my husband, a millwright and myself employed as a secretary, this seemed like a reasonable task to allow us to purchase a parcel of land in which to build our home based on our income. On August 18, 1995, four months after the resolution dated April 17, 1995 was adopted, we obtained our building permit. On September 21, 1995, the first load of concrete was delivered to the site to pour the footings of the house. We had assumed that given the fact that the four month statute of limitations allowing anyone to challenge the Town Board's resolution had expired, and no one had legally opposed it, we would be protected by law from any legal issues involving the road closure. I have enclosed a copy of both, the building permit and delivery receipt for your information. However prior to the actual start of construction and during the time in which my husband, by hand, was clearing the land for building, we had been approached by Mr. Abbess requesting access to Clendon Brook Road from the end of Fuller Road. We had asked that he respect our privacy. That while we were building he could use the roadbed but after we moved in, and in light of the fact that our back upper deck supports are approximately four to six feet from the base of the roadbed, to kindly cut through the front yard and continue the short distance to Clendon Brook Road. After he had looked over the front yard, he agreed that this was an acceptable solution. I have also attached a portion of the Warren County Real Property Tax map noting the location of the agreed upon area. During the fall of 1995, we began negotiations with the Town to donate a right of way for pedestrians through the front portion of our property for those individuals wishing to access Clendon Brook Road. Mr. Naylor, Mr. Champagne, my husband and myself met with Paul Abess and several of his friends at the location we had offered. Mr. Naylor assured them that the could build a right of way connecting the two roads that would be a safe, inexpensive, and reasonable resolution to the concerns of Mr. Abess. Mr. Champagne had suggested to us that the Town could take care of the liability issues that concerned us as the property owners. On November 1, 1996 we received a copy from our attorney, of a written letter from the LA Group stating that at the request of Mr. Abess for a proposal, the proposed route was too steep and abrupt to be a viable and safe route. Prior to that letter we had never been approached by the LA Group to meet with anyone from their firm, nor had anyone asked permission to survey the area involved or discuss a resolution. On November 8, 1996, our attorney wrote Mr. Abess informing him that due to the fact that they were not willing to accept any property south of our pole as offered for an access to Clendon Brook Road, there was no point in pursuing the matter further. On March 21, 1997, almost two years after the Town Board's resolution was passed, we, along with the Town Board, were served with the first Order to Show Cause. The litigation continued until February 18, 1999 when it reached the New York States' highest level, the Court of Appeals. It has been decided that the closure of Fuller Road was not an unconstitutional act carried out by the Town Board of the Town of Queensbury. They did, in fact, as decided by the New York State Appellate Division's Memorandum and Order dated September 17, 1998, have the authority to close the road. The Town's Highway Superintendent had legitimate reasons for closing the road. The Town of Queensbury's Highway Department has saved taxpayers an abundance of tax dollars in its decision to close the road. My husband and I relied upon the board's resolution in expending our total financial resources in building our home. We had designed and laid out the house according to the regulations set by the Town of Queensbury. The home we built, in what we thought was a private setting, has been the subject offour years of newspaper articles focusing on a minute portion of the Town of Queensbury's 22,630 residents' recreational needs. We are not loud, vocal residents, voicing our opinions through the media or storming the town board meetings. Our neighbors, have also expressed their opinions and concerns about the chance of new discussions involving yet another vote on re-opening the road, are also private citizens enjoying the peacefulness ofliving on the outskirts of town. In closing, we would like to request the new Town Board to put a stop to any further negotiations regarding the re-opening of Fuller Road, rely upon our Court system to protect its citizens, and discontinue the spending of taxpayers dollars on the frivolous concerns of a very few. Thank you. Very truly yours, Curtis & Marion Rowland Supervisor Brower-Thank you. Would anyone else like to take the opportunity to address the Town Board? Yes sir. Joe Brayton, 231 Fuller Road-I talked to you and Tim about this situation and I have to back her letter one hundred percent. There's seventeen families living on that road and each and everyone of them want to see the road, the way it is today. I do not want it reopened or any changes because it's been much better. We don't have to put up with all these drivers going over the top of the mountain, dumping it over the side into your reservoirs up there. Plus it's saving the town a lot of dollars and I see no reason why when you've got a handful of people fighting a whole neighborhood, why they should have the last say in this. I think you should really serious look into it. Okay? Supervisor Brower-I appreciate it. Councilman Brewer-Thank you. Supervisor Brower-Anyone else? Mr. Abess. Paul Abess, Woodcrest Drive, Queensbury-I don't really believe that this the proper arena to debate the Rowlands but I can, and I wrote down as they were talking, I disagree, there's a lot of untruth to what she said. But again, I don't believe, I'm willing to if you would like to or she would like to here or the press would like to here but there is a lot of untruths in that letter. And I'd also like to mention to the gentleman who said he lived on Fuller Road and he would like to see it remain close, I don't blame hirn. If I lived on Fuller Road and it was a thorough fair and it's been a thorough fair for a hundred and twenty-five years and I had the opportunity to have it closed so there is no traffic going by my house or no one going by my house, I would take advantage of that also. But, it's not, I think it needs to be clear that the people that live on the road do not own the road. It's a public road, everybody in the town has paid taxes, everybody in New York State has paid taxes that's gone to keeping that road maintained and it's not a question of whether you would like the road closed, it's a question of what the law is and it's also a question of morality. And the morality aspect is, does a group offamilies or the Rowlands have the right to in essence have a driveway built up to their house and maintained to their house and take the use of a road that's been a road used and paid for by the public for so many years and now for the own purposes, keep everybody else off it, in an essence, treat the rest of the public as criminals when they use their right -of-way that's well established. I don't think it's right and I don't think the great majority of the people living in Queensbury would agree that we should donate that road to the Rowlands. Supervisor Brower-Thank you. Anyone else care to address the board? Yes sir. Mr. Kruger, correct. Don Kruger, 192 Fuller Road-While I can respect Mr. Abess' opinion and I know he's put a great deal of effort into it, before the road was closed, people would come down that road, you would have two or three four wheel drives in a row would come down with a bunch of, maybe use the term red neck, is that politically correct? Well, a group of wild people going seventy, eighty miles an hour and you'd call the police and say, you know they went by and the police would say, did you get the license number. I'm like, okay, no, I really didn't. Well, what can we do? Nothing but now it's closed and we have children playing on the road and it's kind of a nice little place to live and what all. And I only have two neighbors that live up the hill from me, one of whom is Mr. Rowland who I have to tell you, is a hard working man. He goes to work every morning at seven minutes after six. If I forget and back out of my driveway at seven minutes after six, once a year I look in the mirror and I see this smiling face laughing at me for backing out of my driveway without looking and that's a luxury I wouldn't want to give up. If I should have to give that up, when they do open the road which is ridiculous and they come down through there wild and I call the police and ask them to do something, the police say, did you get the number, I'm going to call Mr. Abess. And I don't care what time of the day or night it is because I think he should be inconvenienced too. He's taking this, he has the time and energy and resources that's a luxury of being a school teacher in the Town of Queensbury the he has developed this and I give him credit for that because he's taking the advantage, this luxury and turned it into his advantage. Why he can't content himself with the idea of going around there and walking or bicycling or horseback riding or whatever around it which everybody on the street is willing to do. We just don't want through traffic because it's un-policeable and they have, Mr. Rowland, I think we should respect his privacy. That man has worked hard to build a home. I watched him build his home. I see him every morning at six 0 seven drive to work and I think that we should respect that man's property. The town gave him the right to build that and if the town takes that right away and endangers his home, I think that that's a burden that should go back onto the town legally. I don't think that they should have to pay for the right. Once the town gave them the right to build there, I think we should all respect that. Otherwise, what is the town about? Then we have an anarchy. My opinion, sir. Supervisor Brower-I appreciate it. Thank you very much. Would anyone else care to address the Town Board at this time? Yes, sir. Mr. Morrell, I believe. Mark Morrell, Glens Falls (submitted handout to the board members)-I have been a user of Fuller Road for all the years that I've had a driver's license and for years before that when I rode a bicycle. What I have given you tonight, aside from the cover sheet is a copy of Judge Muller's four page written decision upholding every one of the issues we raised but were never addressed by any of the courts and his clarification issued on December 30th which rather succinctly says that the decision dismissed the charges for the reasons stated therein. You really can't get anymore definitive then that. The cover sheet is interesting. This is a poster that has been stuck on a tree up there at the upper end of the road. I found this stuffed into, ripped in half and stuffed into a guardrail. People have been very diligent about putting them up and apparently taking them down. I pass by there quite frequently and there's one up, there's one down, one up, one down. This differs, significantly this differs from the photograph that was in the Post Star last week. The language is a little different and I included it because everything that I have given you is just the God's honest truth. Judge Muller has looked at all the merits of the case and affirmed them and this language on the top page says it all. The public is free to pass or stay upon the barricaded sections of Fuller Road and personally, at this point, I don't care whether you reopen the road, whether you plow the road, it matters not to me. The barricades will come down. The Rowlands will take down theirs and the Town of Queensbury will be made, if we have to go to court again, the Town of Queensbury will be made to take down the barricades that Naylor, the Naylor regime put up at both ends. The guardrails at the top and the piles of fill at both ends and I will, everyone else that has been with me and behind this effort has basically wanted to bicycle on that road. I don't want to bicycle on that road. I want to drive on that road. I drove on that road every time I wanted to go from the Town of Luzerne to Aviation Mall, Warren County Municipal Center, Vermont, wherever I, Lake George. If I wanted to go north from the top of that mountain or west, northwest, I used Fuller Road and I have had to drive around that road for five years now. It is two miles out of my way to drive around that road. This is ludicrous. The barricades will come down and I will drive on that road again. But what you are left with, if you do not rescind the resolution that abandoned, the unconstitutional resolution that abandoned that road you're going to have a stretch of no man's land or all man's land, if you will. That's what you have right now. The public is free to pass or stay upon the barricaded sections of Fuller Road and no law applies here. Maybe the laws of civility apply but no highway law applies here. It is not a highway unless you rescind that resolution and make it a highway again and then maybe people who speed can be stopped from speeding and people who don't wear their seat belts can be made to do so. But as it stands now, very little law applies and I think everyone will come to the decision ultimately that it would be in everyone's best interests to declare that a road again so that some law does apply there. That's about all I have to say. This is where it stands. The road may not be open, per say but the public is free to pass or to stay and the public will remain free to pass or to stay upon those barricaded sections of Fuller Road, barricades or not. And if you can see to it to rescind the unconstitutional resolution that closed that road in the first place, then maybe we'll be back to square one and highway law will apply and maybe the issues of public safety can actually be addressed. Along with, someone here mentioned liability, I think it might have been Marion Rowland. The issues of liability, I would be terribly concerned if I owned that property and they do and the public was free to pass or stay upon that barricade section of road. If someone should become injured on a toboggan or a sled or on their four wheeler, it's not a public highway, it's, it belongs to either Curtis and Marion Rowland or the City of Glens Falls and as a citizen of the city, as a taxpayer in the City of Glens Falls, I don't want the City of Glens Falls exposed to that kind of liability for the stretch of road that they own. So, I would urge you on behalf of the City of Glens Falls to readopt this highway and make clear, that this is a road and it is subject to the laws of the highway and to liability. Thank you. Supervisor Brower-Mrs. Monahan. Betty Monahan-In the first place, congratulations gentlemen. I sit here and listen to personal, people's personal opinions of what happened with the road closing. I was on the board, I was part of that vote. I would just ask this board to kind of disregard everything you've heard and go back and read the minutes of those meetings. It went on over a long period of time. I'm not sure how complete the minutes are, the tapes I hope are still there because you will find safety was one of the big issues and I would please ask you to go back and look at the source material instead of people's interpretation of it. Thank you. Supervisor Brower-Thank you. Anyone else like to address the Town Board? I want to thank you all for taking the time to attend the meeting and thank those that addressed the Town Board, we appreciate your input. OPEN FORUM CLOSED RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION No.: 34,99 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters Executive Session to discuss a personnel matter and a matter of pending litigation. Duly adopted this 10th day of January, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Martin RESOLUTION TO ADJOURN EXECUTIVE SESSION & ADJOURN THE TOWN BOARD MEETING RESOLUTION NO. : 35, 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their Regular Town Board Meeting. Duly adopted this 10th day of January, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Turner, Mr. Brower NOES: None ABSENT: Mr. Martin No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENBURY