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2001-07-09 REGULAR TOWN BOARD MEETING JULY 9TH, 2001 RES. 271-2887:23 P.M. BOH 30-33 TOWN BOARD MEMBERS SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER' TOWN OFFICIALS Nicholas Caimano, County Supervisor Ronald Montesi, County Supervisor Chris Round, Director of Community Development Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent David Hatin, Director of Building & Codes PRESS: Glens Falls Post Star Supervisor Brower called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 271, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session to enter as the Queensbury Board of Health. Duly adopted this 9th day of August, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING - SEWER VARIANCE - JON & SUSAN DOUGHER NOTICE SHOWN 7:24 P.M. SUPERVISOR BROWER-Okay, are the applicants here, present? Or is any representative of the applicants present? Okay. DEPUTY TOWN CLERK BARBER-We do have a letter on behalf of David Hatin that should be attached to your resolution. Would you like me to read that into the record? SUPERVISOR BROWER-Please. DEPUTY TOWN CLERK BARBER read the following letter into the record. (letter on file in the Town Clerk's Office) Dear Board Members: The Dougher's are requesting to place a new septic system on their property between their residence and their garage. As this is a small parcel along Lake Sunnyside, there is no option but to place the septic system in this location. Therefore, requiring a variance from the neighbor's well. The neighbor has signed off on the request for variance. I trust this will answer all your questions. Sincerely, David Hatin, Director Building & Code Enforcement SUPERVISOR BROWER-Now that the public hearing is open, I'd like to ask if anyone's here to speak on this project, either for or against? No one is present. Okay, let's, I'll keep the public hearing open and I think move on to the next project at this point and see if anyone else does show up for this. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PATRICIA YOLE BOARD OF HEALTH RESOLUTION NO.: 30,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Patricia Yole has applied to the Local Board of Health for a variance from Chapter 136, (136-11(B), which requires applicants to obtain a variance for all holding tanks and the applicant, has requested a variance to allow a holding tank on property located at 53 Palmer Drive in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on July 23rd, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Patricia Yole's sewage disposal variance application concerning property located at 53 Palmer Drive in the Town of Queensbury and bearing Tax Map No.: 144-1-21 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None SUPERVISOR BROWER-Ted will move us out of the Board of Health, is there a second? COUNCILMAN MARTIN-Well, you've got the public hearing left opened on Dougher. COUNCILMAN TURNER-He said he was going to wait. COUNCILMAN MARTIN-Do you want to wait to the end of the meeting? SUPERVISOR BROWER-So we can leave the Board of Health open and just move on to other business? COUNCILMAN BREWER-We can go back into the Board of Health. COUNCILMAN STEC-Just close it and leave it open. Close the Board of Health and leave it open. SUPERVISOR BROWER-Leave the public hearing open but close the Board of Health. COUNCILMAN TURNER-Yea, that's okay. SUPERVISOR BROWER-Okay, moved by Councilman Turner. COUNCILMAN STEC-I'll second it. SUPERVISOR BROWER-Seconded by Councilman Stec. DEPUTY TOWN CLERK-Did you have any concerns about this? Is that why you are waiting? I mean, I'm not sure they knew that they were supposed to be here and I believe Dave, I thought he told you guys that he wasn't going to be here for this. COUNCILMAN TURNER-You know, I really don't because it's pretty well identified and if you look at the drawing that they gave you, there's nothing else he can do. COUNCILMAN MARTIN-Well, I try to look at these things in terms in the amount of relief, we're looking at thirteen feet. COUNCILMAN TURNER-Thirteen feet, yea. COUNCILMAN MARTIN-On a scale of things, that's not that bad. COUNCILMAN TURNER-No, it's not. I move ahead to approve it. TOWN COUNSEL HAFNER-If you don't want to keep the public hearing open, you don't need to leave it open and if the applicant's came, you could still listen to them when they got here. COUNCILMAN MARTIN-It's up to Dennis. COUNCILMAN BREWER-Why don't we come back to this to the end and if the applicant comes in COUNCILMAN STEC-Just see if they come in and we can reopen the Board of Health later in the meeting. COUNCILMAN MARTIN-Why don't you just close the public hearing though, Dennis, for now, I don't think anybody is going to COUNCILMAN TURNER-I don't think so either. SUPERVISOR BROWER-I should close the public hearing? TOWN COUNSEL HAFNER-I think that makes sense. MR. PLINEY TUCKER-Where's it located? COUNCILMAN STEC-Sunnyside. MR. TUCKER-Sunnyside? COUNCILMAN STEC-One twenty-two, Sunnyside North. SUPERVISOR BROWER-Okay, could I have a motion to close the public hearing? DEPUTY TOWN CLERK BARBER-I don't think you need to COUNCILMAN MARTIN-I don't think you need a motion. DEPUTY TOWN CLERK BARBER-No. COUNCILMAN MARTIN-Not to close it. DEPUTY TOWN CLERK BARBER-You canjust close it. SUPERVISOR BROWER-Okay, then I'll close the public hearing at this time and I'll ask to leave the Board of Health. PUBLIC HEARING CLOSED 7:26 P.M. RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 31,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 9th day of July, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING - REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT - ALICE CASTLE L.E./DORREEN GREEN NOTICE SHOWN 7:28 P.M. SUPERVISOR BROWER-Is the applicant present or their representative? No one is here on behalf of the applicant? Any comments from board members? COUNCILMAN MARTIN-I don't know, I see a picture here of the proposed home. It looks like it's going to be skirted; it's got a peaked roof on it. I mean, for all appearance sake, it's really not going to look that much different then a single family home would. I mean, not unless there's some other objections that come up in the public hearing. In terms of the setbacks, it's looks like it's a reasonable; it's going to be on a slab, it's got a septic system compliant. It meets all the setbacks it appears to be. DEPUTY TOWN CLERK BARBER-You have a picture of the COUNCILMAN MARTIN-Yea, I've got a picture of the home, yup. Yea, they made us a zerox. DEPUTY TOWN CLERK BARBER-Do you want the original here, Jim? COUNCILMAN MARTIN-Yea, I can pass it down to everybody. Thanks Caroline. COUNCILMAN TURNER-Yea, that will look better. COUNCILMAN MARTIN-Here's the original picture. SUPERVISOR BROWER-At this time, I'd like to open up the public hearing on this proposal and ask if anyone would care to comment on the proposal, for or against? Okay, no one seems to be coming forward on this proposal. COUNCILMAN BREWER-Tim, have you heard anything? MR. ROUND, EXECUTIVE DIRECTOR-There's an existing home on this site. It's a replacement from a single wide to a double wide. COUNCILMAN TURNER-Yea, it's just a replacement, that's what I'm saying. COUNCILMAN MARTIN-Oh, well then that's why, okay. SUPERVISOR BROWER-It actually looks like an improvement to me. COUNCILMAN TURNER-It is. MR. ROUND, EXECUTIVE DIRECTOR-It is an improvement, they did obtain an area variance to meet one of the side setbacks. SUPERVISOR BROWER-Okay, being that no public comments received so far, we'll close the public hearing. PUBLIC HEARING CLOSED 7:31 P.M. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR ALICE CASTLE L.E./DOREEN GREEN RESOLUTION NO.: 272, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury regulates mobile homes outside of mobile home courts in accordance with Queensbury Town Code ~ 113-12, and WHEREAS, Alice Castle L.E./Doreen Green filed an application for a revocable "Mobile Home Outside a Mobile Home Court" permit to replace the existing single-wide mobile home with a newer, double-wide mobile home at property located at 469 Big Bay Road, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on July 9th, 2001, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to Alice Castle L.E./Doreen Green in accordance with the terms and provisions of Queensbury Town Code ~113-12. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 273, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session to enter as the Queensbury Board of Health. Duly adopted this 9th, 2001, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH Mr. David Hatin, Director of Building and Codes reviewed Jon and Susan Dougher's Sewer Variance request with the Town Board and the following resolution was proposed and approved: RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF JON AND SUSAN DOUGHER BOARD OF HEALTH RESOLUTION NO.: 32,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Jon and Susan Dougher filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local Board of Health authorize the Doughers to locate their leachfield eighty-seven feet (87') from their neighbor's well in lieu of the required one-hundred feet (100') setback on property located at 122 Sunnyside Road North, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on July 9th, 2001, and WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject property have been duly notified, NOW, THEREFORE, BE IT RESOLVED, a) that due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or to other adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) that the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and that the variance granted is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Town of Queensbury Local Board of Health hereby approves Jon and Susan Dougher's application for a variance from the Sewage Disposal Ordinance to locate their leachfield eighty- seven feet (87') from their neighbor's well in lieu of the required one-hundred feet (100') setback on property located at 122 Sunnyside Road North, Queensbury and bearing Tax Map No.: 50-1-85. Duly adopted this 9th day of July, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 33,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 9th day of July, 2001, by the following vote: AYES: Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None REGULAR SESSION PUBLIC HEARING - AMENDING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE COMPANY, INC. NOTICE SHOWN 7:35 P.M. SUPERVISOR BROWER-At this time, I'd like to open up the public hearing and I'd like to ask representatives of Bay Ridge Fire to come forward, if you would? MR. CHIP MELLON -You're at the public hearing part? SUPERVISOR BROWER-Yea, we just opened it. MR. MELLON-Sorry that we're a little bit late, we didn't realize. SUPERVISOR BROWER-See, my understanding was you wanted to postpone the public hearing this evening and talk to the Town Board later in the meeting, not as part of a public hearing. MR. MELLON-What we'd like to do, as late as four o'clock this afternoon, we finally got the final figures for the new station construction. We had some figures last week and as I say, we just at four o'clock, we just got out of the architect's office with the final figures. What we'd like to do, I've got the architect and Mike O'Connell from the bank, they are on the way, they will just be a few minutes. If you could leave the public hearing open and then if you want to continue with your business, whatever other business then we can address you at the end and at the same time, you might be able to act on that public hearing after we explain our situation with the building. I think that, that would probably be the most appropriate way to act. What we'd like to do is just show you where we're at, we've got some presentations for you. TOWN COUNSEL HAFNER-Can I just ask a question, I mean, the reason we're having a public hearing is because we need it to, before the Town Board can authorize an amendment to the contract with the fire company. MR. MELLON-Correct. TOWN COUNSEL HAFNER-I mean it sounds like they're coming for information about the project as a whole and not about this particular amendment. MR. MELLON-Actually, two-fold, it's to cover both basis. Going in, when the public hearing was set, we had a little different set of numbers to act on. Since then, we've had our bid openings and we've been working with the contractor to revise our figures and so that in turn will impact the public hearing that we have open tonight as far as the dollar amounts for the future. TOWN COUNSEL HAFNER-What does the notice say? Didn't the notice talk about amounts? COUNCILMAN BREWER-Sixty-five thousand it says in here. SUPERVISOR BROWER-It said sixty-five thousand dollars. DEPUTY TOWN CLERK BARBER-No, it didn't. TOWN COUNSEL HAFNER-I'm looking at the public hearing. SUPERVISOR BROWER-So, you're saying, you're not asking for sixty-five thousand, you're going to be asking for more then sixty-five thousand? MR. MELLON -Yea, but we can explain why we're doing that and I think. SUPERVISOR BROWER-I think we're going to require a new public hearing. COUNCILMAN STEC-We're going to need another public hearing. COUNCILMAN BREWER-Yea. SUPERVISOR BROWER-Aren't we? TOWN COUNSEL HAFNER-That's why I was looking at the request for the public hearing. It doesn't say a specific amount, it says that you're going to amend the agreement. But I don't see Henry here and Henry had some input as to changes in the contract. COUNCILMAN BREWER-To increase debt service by sixty-five thousand. COUNCILMAN STEC-By sixty-five thousand, it's right in the resolution. DEPUTY TOWN CLERK BARBER-What are you looking at? COUNCILMAN STEC-It's right in the resolution, 2.2. COUNCILMAN MARTIN-It's not in the notice, though. TOWN COUNSEL HAFNER-Yea, the notice. COUNCILMAN MARTIN-The notice is different. DEPUTY TOWN CLERK BARBER-I'm talking about the notice that went in the paper. TOWN COUNSEL HAFNER-Because the statute says that you have to notice that you're going to amend the contract. It doesn't say, the notice itself doesn't have to have specifics. Our resolution would have to have the specifics. COUNCILMAN MARTIN-Oh, I see. So, what you're saying is, the notice is fine because it was generally written TOWN COUNSEL HAFNER-But, I would think COUNCILMAN MARTIN-Because I think what he's alluding to is, he's, I think, is going to be discussing numbers that were not the original intent of this public hearing. TOWN COUNSEL HAFNER-And if you guys, I mean, if you guys want to postpone the public hearing so that you have time to analyze the new numbers, that would make sense because. MR. MELLON -We may still be able to do this with the numbers that you have in that public hearing but I think that's why you have to hear the whole presentation as a whole. I really think it would be more educational for SUPERVISOR BROWER-Well, you've intrigued me, I don't know about the rest of the audience but. MR. MELLON-Believe me, it will get better when our other officials arrive here cause they can really explain, we've got a nice presentation for you to lay it out. COUNCILMAN MARTIN-Why don't we just leave it open, Dennis. SUPERVISOR BROWER-Alright, we'll leave this public hearing open at this time and as soon as your representatives come in, you'll let us know and we'll get, we'll try to keep anyone that's here specifically for that, we'll try and get them out of here at a reasonable time. MR. MELLON-Okay, great, thanks Dennis. SUPERVISOR BROWER-Thank you, Chip. PUBLIC HEARING - LEFT OPEN DISCUSSION - SEWER NEGOTIATIONS MR. MIKE SHAW, Deputy Wastewater-The last four months the Wastewater Negotiating Committee has been meeting with the City of Glens Falls to try to negotiate a new contract for wastewater treatment. We spent quite a bit of time with the city discussing each others positions and so on and so forth and a lot of work was put into it, sometimes meeting twice a week. Many weeks meeting twice a week with just a day in between each meeting and I think we made a lot of progress. The last meeting, I think was the end of June, it was a Friday and we had sat down with the city and we basically came up with a somewhat agreeable solution. Both sides are agreeing on dollar numbers. That's what the Town Board has before them tonight. It was our attempt to try to break this out over a twenty year period to see what the dollar shake out as far as costs for us and revenues for the City of Glens Falls. The way we did this, we have a present situation and then we have year one through year twenty. I won't go through line-y-line but present, is the situation that we pay, what we pay this year, we're currently paying under our contracts with the City of Glens Falls. Year one, is based on costs of the Earth Tech Contract, for actually year two with the City of Glens Falls. Basically, the way this is worked out is, it works down to we agree to, we would pay a percentage of their costs based on our percentage of flows which is six point eight percent in the year one. Because there was other additional costs to the city that we're not covered under the Earth Tech Contract, we decided to give them a twenty-five percent increase on top of that on those numbers. That would cost, that would take care of all of the city's additional cost, administrative and otherwise for the wastewater collection and treatment. Also as this spreadsheet goes across here, there's certain years that we're going to have additional buy-ins, we'll be paying the city cash for additional buy-ins based on seventy-five cents per thousand gallons. Per gallos, excuse me. Also in there is the agreement that the sales tax, additional sales tax revenue from Warren County. As you go through and you look at year twenty, in the twentieth year, the total of this revenue, the town will receive, it's just slightly over nineteen million dollars over a twenty year term. The city would receive this additional capacity as treatment. COUNCILMAN BREWER-And the town is going to be paying thirteen of that nineteen million? MR. SHAW, Deputy Wastewater Superintendent-That's based on sewage treatment and additional buy-ins and a reconstruction fund. One thing I didn't mention is, the city needs to redo their reconstruction fund mandated by EP A, that they need a better reconstruction fund. We had made a proposal over a twenty year term using Earth Tech's reconstruction estimates of cost over twenty year term with a plan of funding that term over twenty years. COUNCILMAN MARTIN-That's the five point two million? MR. SHAW, Deputy Wastewater Superintendent -Yes, about five point one million. Basically, what it is, they need five point one million over twenty years to reconstruct their current plant. Under financing and creative financing, Henry came up with a plan that we would borrow up front three point million dollars or the city would borrow up to the three point one million dollars. Of course in year one, you wouldn't need the three point one million dollars, you would reinvest that and over the twenty-year term that would yield the five point one million dollars which would take care of the reconstruction as needed over the twenty- year term. The advantage of that situation too is from day one, you do have the ability to take care of an unknown. This certainly is something the city was receptive to, thought it was something they needed to look into but that was our current reconstruction portion and we would be paying our share of the reconstruction based on total flows. SUPERVISOR BROWER-I'd like to point out that Henry's financing arrangement saves the town fifty percent of what otherwise our aImual costs might be and it saves the city, if they decide to go along with this type of financing, fifty percent of their aImual costs for reconstruction of the plant. So, we think it would benefit both communities to follow this course of action. COUNCILMAN BREWER-I guess what I would want to see, where's the capacities on here, Mike? MR. SHAW, Deputy Wastewater Superintendent-Okay, capacities currently are third line down, aImual gallons processed. You'll see Queensbury and others. The very first block is total plant capacity. The next box is reconstruction reserve and then O&M costs, then aImual gallons processed. COUNCILMAN MARTIN-So, this is assuming a certain percent increase in that so by the twentieth year, we're up to over a four hundred and seventy thousand gallons processed per year? MR. SHAW, Deputy Wastewater Superintendent-Correct. What we did is we went in there and looked at what our needs would be and we plugged them in at different times when we thought we would have those needs. COUNCILMAN BREWER-I thought we wanted to buy four hundred thousand right now, that leaves us seventy-seven thousand over twenty years? MR. SHAW, Deputy Wastewater Superintendent-We have current needs of about eighty-five thousand gallons with a contract that we have negotiated for additional buy-ins, we have negotiated in the past that haven't been taken care of. We will have some additional buy-in needs in the near future, depending upon what we do and how we go about it. Whether we buy it currently now, to lock in our share or wait until the day when we need it, there's a decision going to be made in the future. COUNCILMAN BREWER-Well, I thought that was the whole point in this deal that we were working out with them was to buy four hundred thousand gallons of capacity now. MR. RALPH VANDUSEN, Water/Wastewater Superintendent-That was talked about and one of the things that was discussed within our negotiating committee was advantageous of purchasing right now or next year or two years from now, making sure we lock in that capability so that it's an automatic. Basically, we exercise an option. If you look at the first line, where it says total plant capacity and then the next one underneath that is purchased by Queensbury, currently we've got four, I'm going to round it off at four hundred ninety-five thousand gallons a day. What we're showing is that in year two, which would be next year, we would increase from four ninety-five to five sixty-nine and then the following year go up to about a million gallons a day. COUNCILMAN MARTIN-Oh, and then by the twentieth year, you've got a million and a half gallons. MR. VANDUSEN, Water/Wastewater Superintendent-Correct. And those aren't cast in concrete, it's tough to project exactly how we're going to grow and where we're going to grow. We certainly need to iron out the exact details to verify the seventy-five cents and a couple options are that we would remain fixed for a relatively short window with an escalation clause after that or it remains fixed at seventy-five cents. That's one of the details that we have yet to hanuner out. MR. SHAW, Deputy Wastewater Superintendent-So, we're going to do something that seems both sides are comfortable. There's some small details that we need to additionally discuss but at our meeting on that Friday, the Mayor also made us aware that he was looking to have Veteran's Field aImexed as part of this sewer negotiations and at that time we told him that the committee wasn't empowered to discuss those negotiations with aImexation and we would have to come before the board to see what direction the board would want us to take. COUNCILMAN MARTIN-Well, we just did that. MR. SHAW, Deputy Wastewater Superintendent-Great. So, that's why we're basically here tonight, to see what direction we need to go in and looking for guidance from the board. SUPERVISOR BROWER-Thank you, Mike. COUNCILMAN MARTIN-Well, I think the Supervisor as the head of that negotiation team would be in a position to brief you people tomorrow, I would expect as to what happened. SUPERVISOR BROWER-Yes, hopefully we'll have a meeting in the morning but we've had some progress on discussions regarding aImexation of the Veteran's Field property. The board members had a number of concerns that hadn't been fully addressed or flushed out that we needed to discuss with the city and we had some discussions today. I had private discussions with the Mayor then the board met with the Mayor and other parties to discuss some of our concerns regarding the property and we basically resolved most of our differences that we've seen regarding that. The aImexation of Veteran's Field was part of the original discussion when we came to, when Bill Thomas took the leadership position from the county, indicating that he was going to pledge a percentage of county sales tax to the city because of the numbers of non-profits, un-taxable properties in the city in return for a fair sewer deal between the town and the city. Among our concerns, well we had a number of concerns that we ironed out but among them ws making sure the Town Planning Board had influence in the development of any potential buildings and the appearance of the site itself so that it would not negatively impact Queensbury citizens that border the parcel and if anything, the appearance would improve not detract from it's current position. And several other items that we frankly discussed which I think we've reached general agreement on. So, I think that's as much as I will share this evening on that but I appreciate your update to the board on our discussions. We've met approximately ten times with the city over a number of weeks and I think we've made some fairly good progress. Thank you gentlemen. CORRESPONDENCE Deputy Town Clerk Barber noted that the June Financial Report is on file in the Clerk's Office. OPEN FORUM 8:52 P.M. Warren County Supervisor, Mr. Nicholas Caimano of 36 Surrey Field Drive, Queensbury and Mr. Ronald Montesi of 6 Cobblestone Drive, both Former Town Board Members referred to the Hiland Park PUD land dedication for recreational use and spoke to the Town Board regarding the need for developing the seventy- six acre site on the south side of Halfway Brook for passive recreational use of trail ways for walking, running and winter cross country skiing. Noted that with the increased development on Meadowbrook Road and the Senior Housing Development almost near completion, the need is there and recommended putting money aside in this year's budget to move forward with the project.... Referred to Meadowbrook Road and the increased traffic and recommended installing sidewalks on that road. Supervisor Brower-I think you're going to be very pleased, you had called me a few weeks ago and I pulled some records, we actually had a capital project request from Harry Hansen, July of 2000 and it's actually on our capital project's list for twenty-two thousand five hundred dollars, a seventy-five acre passive recreation area south of Hiland Golf Club off Meadowbrook Road, proposed to develop a nature trail, fish access trail adjacent to Halfway Brook and ancillary park facilities, including parking, fencing, signage etcetera. On June 5th, Ted Turner and the Recreation Department actually walked that area, went out to the specific site to talk about this more thoroughly and on June 27th Harry sent a letter to the Water and Soil Conservation District asking them for some help in establishing Halfway Brook as a good trout stream again and asking for some resources from possibility Trout Unlimited. So, we have been making some progress along that line and we haven't prioritized our Capital Project list bu we will be in the near future. Councilman Martin-There's other opportunities along that stream corridor as well with senior housing project that's now proposed down on the old back nine of the Bay Meadow's course and I know that when I was in Chris's position, there were some properties that came up that we're starting to string along a linear greenway down from this. Mr. Montesi-Yes, we own the property behind O'Connor's and D'Ella, that was a green space that we bought. Councilman Martin-There's a parcel that's available also that's owned by the Elks and the Elks said they would allow us an easement over it. I'll also go you one better... the Bay Road Corridor, this is all places into that, establishing this linear interconnected walking system for people to use it because you go down Bay Road and you'll see many times more people using Bay Road as an exercising path, a lot of the seniors and that's what this was intended to facilitate. Mr. Caimano-We're glad to hear what you have to say but maybe it's time then to let the public know that there is a very active plan that you have put together. Thank you. Mr. Montesi-One other area I wanted to share with you, I think I have my information correct but our park that we built in West Glens Falls, on the river, I think the adjoining property, the next parcel of land going east is owned by Finch Pruyn. It's a three hundred and fifty acre parcel, it certainly would be something worthy of consideration of the Town Board and perhaps the Recreation Commission, if we could get an easement from Finch and put a trail in from our park to Haviland Cove and connect to the Feeder Dam Canal, for biking and walking. Ms. Donna Farrar, President of Crandall Public Library and Bob McNally, Trustee referred to Resolution 5.10 that the Town Board is considering tonight, noted that the language in the proposed resolution does not quite meet some concerns of the Library Board Members, the proposed resolution requires the consent of the city, Town of Moreau, Town of Queensbury and the Library and suggested to hold off with tonight's resolution, continue circulating the language until all come to a consensus and then the municipalities can approve it. Town Counsel Hafner-I'd like to add one thing, I got a message late this afternoon from Scott Reid, the city's attorney who seconds the library's request, that the town take some more time so that all four municipalities can agree on the language before anyone of them pass it. Town Board held discussion and agreed to hold until the first meeting in August. OPEN FORUM CLOSED 8: 10 P.M. PUBLIC HEARING - CONTINUED - AMENDING AGREEMENT WITH BAY RIDGE VOL. FIRE COMPANY COUNSEL PAUL PONTIFF-I noticed Jim is sort of tired there, so we won't keep him too long. Paul Pontiff here, representing Bay Ridge Fire Company. COUNCILMAN MARTIN-That's true. COUNSEL PONTIFF-I feel the same way, Jim, it's all right. In fact, they pulled me away from my supper and told me you guys were waiting here. I said, on many nights I've been there and sat for three hours and then went home, you know. But that's the way it goes. Anyway, I think I'm sort of here as a precursor to more detailed information. I would hope to give you a general overview of what our problems are and they are basically increase costs and we need to look at a revision in the financing for this fire station. I will ask at some point, Dick Jones whose the architect and Mike O'Connell from Evergreen Bank to speak on the details but I'll try and give you an overview. Essentially the increased costs from the lowest responsible bidder, amounts to two hundred and seventy-seven thousand eight hundred and three dollars. We had originally anticipated that we were going to finance with Evergreen Bank a million four hundred and twenty-five thousand dollars. We now will have to increase that in order to rovide for this increased costs to a million, seven hundred and two thousand eight hundred and three dollars. That is still within the frame work of the resolution that was adopted by this board under Section 147F of the Internal Revenue Code for Tax Exempt Financing with Evergreen Bank of a million, seven hundred and fifty thousand that was adopted in January, I think of 2000. 2000, I think, yea, it goes back that far. TOWN COUNSEL HAFNER-Yes. COUNSEL PONTIFF-And tonight, I believe there was to be a public hearing to discuss a revision in the contract with the fire company to deal with additional financing costs that were going to be incurred in the year 2002 which we're not provided for in the contract by about sixty-five thousand dollars. We're not looking for eighty-two thousand dollars, which is the difference of seventeen thousand dollars between the sixty-five and the eighty-two. In order to provide for the completion of this project, I think that the Town Board could conduct the public hearing tonight, in my opinion, although I'll defer to Town Counsel. With respect to the notice for the public hearing was to an amendment to the fire company contract without numbers being recited in the notice and I think that becomes a question of discussion at the public hearing as to exactly what the amendment was going to be and that amendment was originally anticipated to be sixty-five thousand and now we're anticipating it to be eighty-two thousand, a seventeen thousand dollar increase in the year 2002. So, we're looking for an overall change in the financing with Evergreen Bank, leaving everything else the same. The other independent financing, the contribution by the fire company, the contribution by the town of a hundred thousand and a hundred and fifty thousand, a total of two-fifty which was originally provided for in the contract. All of that remains the same, we're looking for an increase in financing of two hundred and seventy-seven thousand, eight hundred and three dollars and that means an increase in the finance costs in the year 2002 to eighty-two thousand dollars from a sixty-five thousand dollars from the increase that was proposed for this evening's public hearing of sixty-five thousand, we're looking now for eighty-two thousand dollars for 2002 as finance in costs. And actually, what we've got is we have provided in the contract already approved thirty-five thousand and if we approve the sixty-five thousand tonight at the public hearig, we're really looking for an overall total amount of a hundred and seventeen thousand. So, the difference is seventeen thousand dollars that we're looking for in terms of the financing cost for the year 2002. And that's an overview and if there are specific questions, we'll try to address those and those people who can do that, I'll be happy to have sit at the table. COUNCILMAN BREWER-So bottom line, what you're saying Paul is, this project has gone up two hundred and seventy-seven thousand COUNSEL PONTIFF-Eight hundred and three dollars, that's exactly right. COUNCILMAN BREWER-more then we originally anticipated? COUNSEL PONTIFF-That's right. COUNCILMAN BREWER-I guess I would want to know what then COUNSEL PONTIFF-I think Dick can explain that to us probably better then I can, Dick Jones. MR. RICHARD JONES, ARCHITECT -Good evening, my name is Richard Jones, I'm the Architect representing Bay Ridge Fire Company and Chip is passing out a little synopsis of where we started with costs on the project and where we are tonight. The first page that you have, back in January of 2000, January 24th, we had come and presented to the Town Board a project within an approximate cost of one point seven five million dollars that included a site work and general building, construction cost at that point of roughly one point six thirteen thousand and soft costs at that point were basically architectural and engineering fees of roughly a hundred and thirty-five thousand and that brought us to our total of about one point three quarter million. Subsequent to that, we went before the Town Planning Board, did presentations, got a site plan review and approval, variance approvals from the town and once we received those, basically Bay Ridge bought the property and from that we then continued on into the actual desin of construction documents for the building. In November of 2000 which is the second line item coming down through, we at that point did cost estimates based upon a design development package for the project and at that point our construction costs were approximately one point eight two-five million construction. That included contracts one which was the site, building contracts two and three including contingencies. At that point, our soft costs were basically, architectural and engineering fees at a hundred thirty-five thousand to bring our project cost total to roughly one point nine six million. In June of this year, June 14th of 200 1 we received bids for the project. We had worked with the fire company to try and come up with alternates, those types of things to try and keep the cost of the project in line. When we opened bids on June 14th, the apparent low bidder on the site work contract including the alternates was three hundred and sixty-six thousand dollars. The apparent low bidder on the bulding construction including the alternates was a million four twenty-three thousand dollars. The building systems contract number three was a lump sum base bid of thirty-four thousand three hundred and twenty. We had a list of what we called pre-purchased equipment. This included specific equipment items for the building, we were looking a pre-purchasing with discounts on some plumbing supplies and equipment, certain heating units in the building, that type of thing. So, we had a line item at that point for pre-purchased equipment. The construction total at that point, after opening bids was one point nine million nine hundred thousand or one point nine '0 nine thousand. Soft costs and expenses at that point totaled three hundred and six thousand seven hundred and nineteen dollars. COUNCILMAN BREWER-Can we stop there for a minute? MR. JONES-Sure. COUNCILMAN BREWER-Soft costs in the first block were one thirty-five. MR. JONES-Right. COUNCILMAN BREWER-Second block, one thirty-five. MR. JONES-Yes. COUNCILMAN BREWER-Are we adding those together? MR. JONES-No, no. COUNCILMAN BREWER-Or did it jump from one thirty-five to three hundred? MR. JONES-No. Basically, Tim, when we presented the first time, the only soft costs that were presented at that point were architectural and engineering fees. Subsequent to that, the fire company encumbered additional soft costs for purchase of property, survey, geotechnical work, we had closing costs on the loan, those types of things. COUNCILMAN BREWER-Didn't you know you were going to have those costs when you came to us in the beginning? MR.JONES-We knew that they were going to be there but we didn't feel at that point that they were part of a construction budget for the project. When we presented in January of 2000 basically at that point, the approval that was given by the Town Board was for a one and three quarter million mortgage with Evergreen Bank. We are not exceeding that and basically, when we get to the bottom, they have other sources of income, which are covering some of the other costs on the project. After we opened bids on June 14th, we went through a series of negotiations with the low bidder on both the site work and the general construction for the project. Through a series of negotiations we were basically able to reduce the site work package including the alternates from three hundred and sixty-six thousand to the three hundred and twenty-nine, six sixty-five. The building construction which included the alternates at that point negotiated down to one million three hundred and ninety-six thousand. The building systemswork we didn't negotiate any work out of because that includes fire alarm, life safety systems for the building. So, there was really nothing that could be negotiated out of that one. The pre-purchased equipment at that point did not change which brought the construction total to one point eight four six '0 eighty-four thousand. The soft costs and expenses are still at the three hundred and six, seven hundred and nineteen dollars which brings us to a project total of two million, one hundred and fifty-two thousand, eight hundred and three dollars. COUNCILMAN BREWER-See, that's the part that kills me is, how could you now know almost two hundred thousand dollars were not going to show up? MR. JONES-I don't think that it's we didn't know, I don't think, I think it's more that at that point we didn't, we didn't present thern. We didn't think ahead as far as what the total project costs were going to be. COUNCILMAN BREWER-But when you came to us and said you wanted to build a firehouse for one point seven five, you had to know that those costs were going to be there whether you told us in the beginning or you told us in the end. MR. JONES-We knew that there were going to be certain costs but at that point, the fire company did not think of them as soft costs. COUNCILMAN BREWER-Well, who put these prices together for them? MR. JONES-The original budget came from us. COUNCILMAN BREWER-Well then, you ought to be responsible for it. MR. JONES-We're not responsible COUNCILMAN BREWER-If you put the budget together MR. JONES-We're not responsible for the soft costs on any project. COUNCILMAN BREWER-I guess I don't understand. I'm not trying to be a hard nose about it, but I guess, if I had somebody prepare something for me, a building that was going to be one seven five and came to be two point COUNCILMAN STEC-One five COUNCILMAN BREWER-One five, I'd have a problem with that. MR. JONES-We, we aren't bankers. We COUNCILMAN BREWER-I understand but you have to know Dick that those costs are there, you can't just ignore them and then when you get to the point where you want to borrow the money, oops, we've got two hundred thousand dollars more that we need. That isn't fair to us or you or the fire company. COUNSEL PONTIFF-Well, basically, Tim, I think that those costs are not really what the problem is here. The problem lies within the construction costs for actually constructing the facility. Those are not critical, I mean, we're looking at a hundred and seventy-one, a hundred and seventy-two thousand dollars difference between a hundred and thirty-five and the three '0 six, seven nineteen. COUNCILMAN BREWER-And everywhere else it's gone down, Paul. COUNSEL PONTIFF-Yup, that's true but these costs are costs that are sometimes difficult to estimate. Sometimes difficult to put into perspective and I think what we're talking about is we're still within the confines of the original approval of one million, seven hundred and fifty thousand dollar borrowing from Evergreen Bank. We have not exceeded that figure. That figure is still there and we're even below that figure still at this point in time. COUNCILMAN BREWER-And believe me, I'm not trying to criticize the fire company, I'mjust saying that everywhere in this contract or in these numbers went down except for the soft costs and the soft costs you didn't show in the beginning and you had to know they were there. So, how could they go from one thirty-five to three hundred and six? I can't fathom that. What, can you break down them costs for me? MR. JONES-They include things for certain equipment in the building. COUNCILMAN BREWER-Such as? MR. JONES-Moveable equipment, radio equipment, that type of thing for the radio room. We have closing costs of seventy-five thousand dollars, approximated. COUNCILMAN BREWER-You didn't know you were going to have seventy-five thousand dollars worth of closing costs when you MR. JONES-I didn't, no. I had no idea what the closing costs were going to be. I didn't know even what they were going to be borrowing. At that point, I assumed they'd be borrowing one point seven five million. They're survey and regulatory fees that were paid. There's purchase of the property. There's a construction contingency of twenty-five thousand, which is a requirement of a rural development. At that point, we didn't have rural development involved in the funding. SUPERVISOR BROWER-How much is the construction contingency? MR. JONES-It's twenty-five thousand dollars. COUNSEL PONTIFF-I think essentially if we could, Dick, if we could break down those items so that we could identify those specific items which we really didn't have knowledge about to begin with, that might be helpful, in order to pick out those items which now become fixed because of the nature of the project. COUNCILMAN BREWER-Believe me, I want to see you build the fire house and I don't want anybody to get me wrong but I just can't imagine. SUPERVISOR BROWER-Now, you have a basement as part of this project still. MR. JONES-Yes, we do. COUNSEL PONTIFF - I notice myself that it went from originally in January of 2000 from a square footage of sixteen thousand thirty-two with no basement to November of 2000 to a square footage of seventeen thousand one twenty-nine which included a basement and that hasn't changed, that's still there. MR. JONES-No, no it has changed. When we bid the, by the time we had bid the project we had tightened up the square footage of the building to bring costs down. When we actually bid the project, the square footage was sixteen thousand eight twenty-five including the basement. As part of the negotiation, we reduced the size of the some of the basement area and basically we reduced it by another three hundred square feet. So, we're down to sixteen thousand five hundred square feet on the project. SUPERVISOR BROWER-If you eliminated the basement totally, wouldn't you save a great deal of money? MR. JONES-We have all of our mechanical equipment in the basement. If we didn't put it in the basement, we would have to build space on the main level, which would increase the footprint of the building so it would actually be more expensive square footage. SUPERVISOR BROWER-You couldn't use the existing interior of the building for your infrastructure, for the furnace and MR. JONES- We've tightened the building up as much as possible. We've combined uses of spaces, those types of things. Included in the package that you have SUPERVISOR BROWER-Because I've often thought that when you go to a basement for your utilities, you increase the cost of your construction. MR. JONES-Actually, the basement space is cheaper to build then the main floor because you don't have a roof over it and everything else so you're not building gabled roofs and basically providing finished space for that. COUNSEL PONTIFF-Dick, going back to the original question, do we have a breakdown of those soft costs, difference between a hundred and thirty-five and the three '0 six? Talked about the acquisition of the real property. MR. JONES-Yes. COUNSEL PONTIFF-Do you have a figure for that? MR. JONES-I don't, specifically, I don't know if MR. MELLON-Twenty-two thousand, five hundred. COUNCILMAN BREWER-Is there a way we can get a breakdown of all those costs? MR. JONES-Yes, we can certainly give you the breakdown. COUNSEL PONTIFF-I think we should do that or we can do that. MR. JONES-Okay. COUNSEL PONTIFF-But basically what we're looking at here tonight is a difference from what we originally anticipated coming here for and that was an amendment to the contract of sixty-five thousand for the year 2000 for financing costs and we're looking now for an amendment to the contract for the 2000 from sixty-five thousand to eighty-two thousand. MR. JONES-That's correct. COUNSEL PONTIFF -A total of a hundred and seventeen thousand with, which is really an increase between the thirty-five and the sixty-five and a hundred and seventeen, an increase of seventeen thousand. I don't know how you feel about this Bob, but we have a public hearing that was scheduled for this evening and noticed, what we're dealing with here is a change in the numbers and an amendment to the contract. It doesn't seem to me that that would preclude us having the public hearing. TOWN COUNSEL HAFNER-Under the law, it does not preclude the public hearing tonight. However, it's a pretty substantial change and I would think that the Town Board would want to have time to digest it and get input from the Town Comptroller who has worked very closely with the fire company all along. I mean, while it's increasing one number for next year, seventeen thousand dollars, if you're increasing the total debt by a very large number, that's increasing amounts that the town is going to be asked to help with in the future and it's, it seems like an awful lot of information without having the comptroller's input. But you could have the public hearing tonight. COUNCILMAN BREWER-We could open the public hearing and leave it open, couldn't we? TOWN COUNSEL HAFNER-You could leave it open and continue it at the next meeting and that will deal with some of their time concerns. SUPERVISOR BROWER-So, basically you've, you said you've negotiated with some of these contractors but you haven't reduced the scope of the project at all, is that correct? MR. JONES-No, we have reduced the scope of the project. Basically we've, some of the things that we've taken out through negotiations, we've taken some of the dormers off the roof on the backside, those types of things where we had mechanical equipment coming SUPERVISOR BROWER-But you still have five double bays? MR. JONES-Yes, we, the only square footage that we've taken out of the building is a part of the basement. We've reduced the square footage of the basement area. We compacted that down and the mechanical space is extremely tight now in the lower area. But we've taken monies out of that. SUPERVISOR BROWER-I guess I have to ask the question, are five double bays essential? MR. MELLON-Can I address that? SUPERVISOR BROWER-I know one of your bays was going to be a wash bay or part of it anyway. MR. MELLON -Yea, I can answer your question, I think, Dennis. Currently we have eight pieces of apparatus which includes a ice rescue slash boat trailer that we use for ice and water rescue. At this point that leaves one additional bay for future expansion if we need it considering the fact that this building is going to be around for some fifty to a hundred years. The purpose of the wash bay, is to wash the vehicles, as it sounds but what it does, it also has the potential to reduce some energy costs buy just heating one specific area that we, you drive the vehicles in and out to wash instead of, every time you open the door, every time you open an overhead door, you don't heat or let the heat out of the entire five double bays. Due to the length of some of our apparatus also, that leaves approximately thirty-five feet of bay space to go down, to scale down the project by one set a bays, you would have pieces of apparatus that are basically, nose to tail with only a foot or two distance between each vehice. So, I guess to answer your question, we feel that this appropriate for a one centralized station. If you look at some of the other departments in the town, there's one department has five double bays as a main station, one has four double bays as a main station but that's just it. That department that has the four double bays has two stations. One only have one station so we need to have room to store all of the equipment. There's a possibility that at different times of year, large fires or something like that we might need an additional piece of equipment or something in the station. COUNCILMAN MARTIN-Dick, what's the square footage of the building, what's the cost per square foot for the construction cost? I would assume you would take the sixteen thousand five thirty-two and divided it into the one million three ninety-six, one fifty-one. Is that correct, to determine building square foot cost? MR. JONES-Could you say that one again? I'm sorry. COUNCILMAN MARTIN-I want to know the cost per square foot of the building and I would assume, well, the site work is probably part of that too. MR. JONES-Yes, you would take the site work, contract two and contract three. COUNCILMAN MARTIN-Okay, so what's it calculating it out to be right now on a square foot basis? MR. JONES-It's about a hundred and eight, six or eight dollars. A hundred and six to a hundred and eight dollars a square foot. COUNCILMAN MARTIN-Cause, you know, I agree on the apparatus end, you know, if there's anyway, that's the most important part, but I see and again, I don't know about the day in, day out operations of the fire house and you guys know what you need but is there anyway, I see six offices in there for auxiliary, president, treasurer, administrative, conference, line officers and chief, a day room, a workout room and a meeting room. I was wondering if there was any possibility of consolidating some offices and things like that and you know, I'm just looking for a way to take the sting out of it, you know. MR. JONES-We basically, every office with the exception of the fire chiefs office has anywhere from four to six individuals in it. So, we have consolidated offices from the initial program that we had developed back in January of 2000 and subsequent to what we developed in November of 2000. So, we've continued to compress the building. Between January of 2000 and November, basically we had at one point, the square footage of the building had blossomed up to over eighteen thousand square feet. We cropped it back considerably taking mechanical equipment at that point and putting it in the basement because we felt that was cheaper square footage to build. As far as tightening up the building, the meeting room is designed for ninety-nine people. COUNCILMAN MARTIN-Yea, I think the meeting room cause I've seen the one in North Queensbury gets used a lot, I think this will get used a lot. I just don't, you know, so obviously you've already touched on that. MR. JONES-We've looked everything possible. There's no real frills in the building. Basic finishes are painted sheetrock. COUNCILMAN MARTIN-I know it's a particularly bad time because I know in my office right now, a lot of things are being, bids are coming back high. It's an unfortunate time. I think if this were two years ago, this wouldn't be happening. MR. JONES-We've seen budgets on projects, if you're able to bid them in the middle of the winter, come out great. Bidding them any time after April, May, June, you're at the whim of the contractors. Right now, the contractors are extremely busy. The latest project that was just bid, a school district locally, was thirty- four percent over budget. It wasn't our project, thank God. So, but we've seen those types of things happening in the public and private sector, prices have gone out of sight. COUNCILMAN MARTIN-I think the other thing is, they're cutting, they've cut back on staff in expectation of a slower economy, so. MR. JONES-Well, it's extremely difficult right now, any projects that are going out to bid, to get people to bid on steel and masonry because there are just no available masons and the steel companies have booked up through the end of the year and they're not interested in bidding more work. We have thought about holding off on this but if we hold off on it, we're going to be subject to five to eight percent increases for next year in just across the board. If we try to hold COUNCILMAN MARTIN-I know the bath house in Glens Falls for example, at Haviland's Cove was bid a second time and the second bid came back higher. MR. JONES-Yea, and they've cut the project down. To hold off and try and re-bid it in the fall and break ground, you're going to be subject to winter conditions with a masonry building and we don't even want to think about that because you get no return on winter conditions, you expend the money and you have no return of program or benefit to the client. Now is the time to start the project and that's why we bid it in June. COUNSEL PONTIFF-I think we're hung up by the times. Unfortunately, as you point out Jim, it happens to be a very bad time to do this construction but at the same time, we've committed to the obligation and the town has committed to it and we need to do it the best way we can. We're happy to provide a breakdown of that hundred and seventy-two thousand dollar figure and we'll do that between now and the next meeting and it seems to me that it makes some sense to perhaps consider holding the public meeting open and avoid any more expenditure of time because we'd like to get in the ground and get moving because the longer we wait the worse it becomes. So, if that's something that we could consider doing, that would make some sense. TOWN COUNSEL HAFNER-Legally, I mean, they can have the public hearing but, I mean, my recommendation would be to wait until you get Henry's input but that's up to you guys. SUPERVISOR BROWER-Well, I definitely want to have Henry's input but that's normal anyway, I mean, I thought he'd be here. TOWN COUNSEL HAFNER-Well, so you don't take any action tonight. SUPERVISOR BROWER-Right. TOWN COUNSEL HAFNER-I'm sure he would say, let's give it some time to look at it. COUNCILMAN BREWER-If it was seventeen thousand dollars, I wouldn't have a problem for second but. TOWN COUNSEL HAFNER-But it's like two hundred and seventy. SUPERVISOR BROWER-We could open the public hearing and keep it open. TOWN COUNSEL HAFNER-Right. MR. MELLON-I've got some additional information here that mayor may not be helpful here. In January of 2000, Comptroller Henry Hess sent a memo to the Town Board detailing our proposed project and in that memo, I'll give you all a copy here in just a second, at that time, it detailed some figures for the proposed project. For a twenty-year amortization at five and three quarters percent, he was estimating the cost to be a hundred and twenty-eight thousand dollars. Basically, what we're asking for right now is a hundred and twenty-nine, eight thirty. So, about eighteen hundred dollars more per year. So, I'll give you a copy of that and you can review that so you'll, basically you can see in a course of, you know, a year and a half, we're really not that much over the cost of the project. SUPERVISOR BROWER-What's the actual interest rate that you're MR. MELLON-Five point five percent, we probably should have Mike come up SUPERVISOR BROWER-I think it would be good to have Mike come forward too. Good evening, Mike, would you introduce yourself for the record. State your name and address, please and who you represent. MR. MIKE O'CONNELL-Mike O'Connell, I'm a commercial lender with Evergreen Bank and speaking to that point, in today's rate environment, if we were close today, the tax exempt rate would be approximately five and a half percent on the financing we're speaking about. I think in the memo that you're looking at there, in the past it was a little higher, it's actually dropped down from the five and three quarter range. COUNCILMAN MARTIN-Yea, we were looking at twenty, you're saying twenty years? MR. O'CONNELL-Thirty years is what we're looking at. Originally, this project evolved based on a twenty amortization and as we went through the process of which Henry Hess was directly involved, we were looking at a longer amortization to reduce the debt service per year and that's where we are today is a thirty year amortization. If you're looking at the million seven at a current interest rate of five and a half percent, you would be at the hundred and seventeen thousand dollars a year in annual debt service. So, in a way, costs have gone up on one side, interest rate has gone down. COUNCILMAN MARTIN-That's helped. MR. O'CONNELL-Right. TOWN COUNSEL HAFNER-But Henry's number was twenty and twenty-five years. COUNCILMAN BREWER-Right. COUNCILMAN MARTIN-Yea. TOWN COUNSEL HAFNER-I mean, so, I mean it's extending it five or ten years from the analysis they're glVmg us. COUNCILMAN MARTIN-But that will be a good thing in terms of the monthly payment, as will the interest rate but it does stick it out there ten more years. MR. O'CONNELL-And what precipitated that was, you're right Bob, that when we were originally speaking and looking at, you know, the annual outlay, the annual debt service costs each year, that's where it was drawn out to the thirty to say, you know, where can we get it to a figure that we would like to see and these discussions were, again, precipitated really by Henry. So, he's on board with the thirty-year amortization. That's where this meeting today was being brought up with increasing the 2002 debt service from thirty-five thousand to a hundred thousand, that was based on the thirty-year amortization. So, that hasn't changed, that's not new, that has been on the board for the past several months. COUNCILMAN MARTIN-Any balloon payment or anything like that or just be a straight thirty-year? MR. O'CONNELL-What will happen here is that, the loan will not have an early maturity, it's a thirty-year term, the interest rate if we closed today would be fixed at approximately five and a half percent and every five years it would adjust based on a spread to Federal Home Loan Bank. So, out of the gate today though, if it were to close today, it would be approximately five and a half percent. COUNCILMAN BREWER-For five years. MR. O'CONNELL-For five years and then on the fifth, tenth, fifteenth, so on and so forth, it would re-price based on a spread over Federal Home Loan Bank which today is five and a half. SUPERVISOR BROWER-Any questions for Mike at this time? COUNCILMAN MARTIN-How long do you think that will last, that five and a half percent, looking in your crystal ball? MR. O'CONNELL- I guess what I can say in terms of a crystal ball, if you look back over the past six months, it's gone down approximately a quarter of a percent. There are indications at the end of the year in the end of November, December time frame that rates are going up. So, I don't have a crystal ball but if I were to guess, I'd say that if you close the end of the year, the beginning of next year, your rate is higher. I think that's a pretty accurate assessment of where it would go. No guarantee's but that would be my guess. COUNCILMAN MARTIN-I asked a crystal ball, okay. COUNSEL PONTIFF -So, if we close in the next month or so, we should be in the five and a half percent range then we should say they are, pretty close. MR. O'CONNELL-You would think so. COUNSEL PONTIFF-Okay. I can give you a breakdown of those additional costs if you'd like to have those at the moment, I can do that, immediately. SUPERVISOR BROWER-Sure. COUNSEL PONTIFF-Those soft costs, okay. They're composed of a planting requirement by the Planning Board. Planning Board, correct, Dick? The lawn irrigation, excuse me, I'll give you the figure for that. Fifteen thousand, four hundred and nineteen dollars. Lawn irrigation, thirteen thousand nine hundred dollars. Also, I think Planning Board request. MR. JONES-Recommendation. COUNSEL PONTIFF-Recommendation, recommendation. Epoxy floor finishing, which they're going to have done locally, that cost is sixteen thousand eight hundred dollars. Radio equipment, which they're buying locally, twenty thousand dollars. Closing costs, which the bank has estimated at seventy-five thousand dollars. Architectural fees which are SUPERVISOR BROWER-Can you waive those? MR. O'CONNELL-Yea, there might be a little room there but you know, that's an estimate and no. COUNSEL PONTIFF-I don't think Mike has the authority to do that, he's got to go to the board first. COUNCILMAN MARTIN-You can't say no until you ask, right. COUNCILMAN STEC- That's right, you've got to ask. COUNSEL PONTIFF-Then, architectural fees of a hundred and thirty-five which is what was the original figure is in that three '0 six figure, okay, a hundred and thirty-five, one thirty-five, architectural fees. And in survey and regulatory fees of fifty-six hundred dollars and then the construction contingency of twenty- five thousand dollars. So, that's the breakdown of that number and I can, if we have a copy machine, we could, I don't know if we have any extra copies, we could copy this. COUNCILMAN BREWER-Yea, I'll take it and go over and make copies. SUPERVISOR BROWER-Actually Tim, maybe we can get someone else to make copies. Why don't you stick around. TOWN COUNSEL HAFNER-Why don't you ask them to fax the copies to us tomorrow? I mean, you're going to take time. COUNCILMAN BREWER-It's next door, it will take two minutes, Dennis. SUPERVISOR BROWER-Yea, why don't you let Bill do that. Thank you. Any further, do you have anything further for us before we open this up? COUNSEL PONTIFF-I think that's it. I think we've given you the bottom line and the difference being that the seventeen thousand dollar figure that we're looking for in terms of the increased financing costs for the year 2002. That's the bottom line. SUPERVISOR BROWER-Annually, basically. COUNSEL PONTIFF -Yea. SUPERVISOR BROWER-I'd like, at this time, I'd like to, I guess open the meeting up to a public hearing and ask anyone that would like to comment on the public hearing to come forward and introduce yourself, state your name and your address please for the record. Anyone care to come forward? Quiet group tonight. Pete? MR. PETE HARRINGTON-Hi, Pete Harrington, I'm a Director with West Glens Falls Fire Company. My address, 9 Stephanie Lane. It seems that Bay Ridge has done their homework again and again on this project and we've done a project similar to this recently a few years ago and it's not an easy thing. It's, and even projects that are going out now like Jim has said and their architect, they're all coming in over bid. They're coming in higher then expected; it's just the way things are right now. They seemed to have stayed under their main resolution which was one point seven five million which was passed by the Town Board in 2000 so it doesn't seem that, you know, I'm not taking away from what Henry does but what Henry does with the figures, doesn't seem to affect what's going to happen in the final cost of the project. There isn't any way he's going to reduce the cost of the project. SUPERVISOR BROWER-How did West Glens Falls make out when you bid your project? MR. HARRINGTON-Well, we had a few delays and a few delays from the Town Board when we were going through our project and cost us ten thousand dollars more in just heating costs for a winter project, which we brought to this board and had straightened out. So, the more that you delay them, it's probably going to cost them more and more in the long fUll. So, if you're trying to save a couple thousand here, a couple thousand there, it will probably cost you those few thousand dollars that you're saving now, later. COUNCILMAN MARTIN-It didn't seem to me to be an awfully bad price of a hundred six dollars a foot, even in this environment. MR. HARRINGTON-No I, you know, speaking for myself, I would hope that you would help them out and get them going in the construction phase of their project now rather then costing them more delays. Thank you. SUPERVISOR BROWER-Thank you, Pete. Anyone else care to comment on the public hearing at this time? Russ? MR. RUSS CHATHAM-Good evening, Russ Chatham, 69 Cedar Court, Queensbury. I'm a member of Bay Ridge Volunteer Fire Company. Only been a member of Bay Ridge for a little over a year now, I was with Queensbury Central prior to coming to Bay Ridge. I've been involved with the fire service on a different level for many years working for the New York State Assembly. These guys at Bay Ridge have impressed me over the last year simply by the fact that, not only are they firemen but they're also citizens and residents of Queensbury. I joined the committee for the building after they had been working on it, obviously for several years and from the time I got involved, there was always the point of building something that was functional but yet was reasonable for everyone in the town. Some things were required by the Planning Board and obviously aesthetics and those kinds of things are important and they've implemented them into the project. But I don't see any frills in this building and again, I've been living n Queensbury for twelve years and I've seen other fire companies do different things and they all look great and I think it's a tribute the community here in Queensbury. But this building doesn't have anything that's not needed when it comes to room or space or anything like that. I was impressed with the fact that they cared about what the citizens we're going to have to pay for this and I just wanted everyone to know that because as a business person in this area, I'm concerned about cost, I'm concerned about my taxes and I know you folks are too, that's your job there but these guys didn't sit back and come up with a wish list of what should go into this building. This is a functional building that's going to work well with the fire company for many, many years and it's the last firehouse that I perceive to be built in Queensbury. It would be a shame to build something less then what it should be. We have a community that we're proud of. I chose to move to this community because of the way it is and rode by fire houses in other areas that are metal buildings and for those communities they work fine but in this community, the building that's proposed is something that will fit in our community and the people when they go by it will be proud to see it there and I think we need to do this last fire house in the Town of Queensbury, whether I was a fireman or not, I still believe that. Thank you. SUPERVISOR BROWER-Thank you. Anyone else care to comment on the public hearing? Okay, seeing none, I guess we'll leave the public hearing open and address this subject at our very next Town Board Meeting. COUNCILMAN BREWER-I just want to make one statement, Dennis. I know a lot of the firemen are here and I don't mean to sound critical of you because I appreciate what you do and all but, and I don't want to deny the fire company from building a fire house because I've been pretty supportive of the fire companies but having been around and seeing this process, I can't. I just have a hard time understanding that someone that's been involved with this kind of a project before, meaning Dick, and I'm not trying to pick you out but you've done this for how many fire companies that you wouldn't know, that you're fee stays the same right from day one to the end but you didn't allow for any contingencies or extra costs. I just find that hard to believe and, again, I'm not trying to criticize anybody, I just, when I built my home, you know, I borrowed a certain amount of money from the bank and I had to live within my means and if I wanted something extra then I had to come up with the money to pay for it or figure ot how I could do it and it just appears that, I know the number is small per year but when you add it all up, it just seems like a huge amount. It's ten percent of the project that wasn't accounted for and if this ever happens again, I hope it never does, if anything a lesson maybe learned from this that in the beginning you got to, you got to add in for, I guess. I don't know what else to say and I'm not trying to preach to you but I just COUNSEL PONTIFF-Tim, can I address just that for a minute, please. COUNCILMAN BREWER-Absolutely. COUNSEL PONTIFF-Actually, there's two items on there that I'm looking at that are items that probably could not be, have been anticipated entirely. When you go to the Planning Board, as you well know, they make recommendation or they make requirements and we're looking at figures that total about thirty thousand dollars, the first two items after the pre-purchased items and there's thirty thousand of that figure that is represented there. The epoxy floor finishing, I don't think was originally anticipated. I think the fire company decided that if they could get that done locally and they could have a better result with the flooring, they would rather do it that way. So, I don't think that was part of Dick's responsibility, I don't think we can blame him for that. COUNCILMAN BREWER-No, and I'm not trying to blame him. COUNSEL PONTIFF-We're looking at about forty-six or close to fifty thousand dollars of that cost which is really unanticipated costs. I'm just trying to defend Dick, as best I can based upon what I see in front of me. COUNCILMAN BREWER-Okay. MR. CHATHAM-Tim, can I give you one more thing? COUNCILMAN BREWER-Sure. MR. CHATHAM-Having the telephone poles moved, it was told to us by NIMO that they would give us a grant to cover the cost of moving them, which was fifteen thousand dollars. But NIMO was sold; a whole new bunch of people and that grant was forgone. So, there's things that just came up that, I mean, I'm the one that kind of broke red that deal with NIMO to do it and if things hadn't changed, then we would have gotten the grant to cover the moving of those utility poles. So, those are some of the things that we didn't expect. SUPERVISOR BROWER-And you've gone back to NIMO and asked them about that? MR. CHATHAM-Well, now because it's owned in London, they could care less whether, you know, if they help the fire company or not so that grant is no longer available. SUPERVISOR BROWER-Well, they're still a community citizen, though. MR. CHATHAM-Well, unfortunately, that grant money is not available now to cover the cost. COUNCILMAN MARTIN-How much was that for? SUPERVISOR BROWER-Fifteen thousand. MR. CHATHAM-It cost fifteen thousand dollars to move the utility poles across the street. COUNCILMAN MARTIN-I bet you Dennis, that could be restored. SUPERVISOR BROWER-It's possible. COUNCILMAN MARTIN-It's worth asking, they can't say no until you ask. SUPERVISOR BROWER-Well, I imagine, Russ has asked but MR. CHATHAM-I've asked but many you folks have a louder voice then mine. COUNCILMAN BREWER-Why don't we write them a letter and ask them, Dennis? SUPERVISOR BROWER-Chuck, do you want to come up? DEPUTY TOWN CLERK BARBER-Yes, just because it's still the public hearing. SUPERVISOR BROWER-Yea, I'm just afraid that this won't pick up well on the speakers, or recording system. MR. CHUCK MELLON, SR.-Chuck Mellon, President of the Bay Ridge Fire Department. I've been a member for thirty-eight years now and I've seen a lot go on in the town but getting back to what Tim said about the soft costs. We got whacked with a lot of soft costs we didn't expect. Fifteen thousand, right off the bat, we didn't know that. We had the poles moved, bam. We got five hundred dollars back from NIMO, okay, on this. Well, five thousand, we had to pop a new well in there. These are just an example of the soft costs. The floor, we want to maintain the floor, the integrity of the floor. We looked into the floor, that was sixteen, over sixteen thousand dollars. So, there are some big costs here besides a hundred and thirty-five thousand dollars in architectural fees. The other thing that I want to know is, we put it off and we're getting closer to winter building, I guess, what are we supposed to do when we come back here next time? I mean, we can't take anything out of the building. We've hackedand we've really hacked at this. We worked four years on this building. I mean, we don't get paid to do it. COUNCLMAN BREWER-No, I understand that and I'm not MR. MELLON, SR.-I mean, I've got a list a mile long of all the meetings and all the, we've gone through a lot. But what are we supposed to do when we come back here? COUNCILMAN BREWER-It wasn't my suggestion to make you come back here, I just, we asked for, I wanted to see a breakdown, if I could. MR. MELLON, SR.-Oh, I agree, you've got it, right. COUNCILMAN BREWER-Yea. MR. MELLON, SR. -But, I mean, it's just putting us off at least another couple of weeks and I guess, as everybody knows, living in the Adirondacks, what the weather can be. But we really can't show you anything different then we have here and that's all I'm saying. I mean, it's a kicker, I mean, there's a lot of things we just didn't expect and we've tried to design it and do it the best we could and we put our heart and soul in this whole thing and that's all I can really say but you've got everything. COUNCILMAN BREWER-Believe me, I'm not trying to hold anything over your head MR. MELLON, SR.-No, I know you're not but COUNCILMAN BREWER-to say you shouldn't do it. MR. MELLON, Sr.-but what are we supposed to do when we come back? Have another public hearing for the same exact thing we're sitting here for, that's, we've done our best and that's all I can tell you. We're not going to change it because we can't and we sell our other station, the monies are going to come back into the project and hopefully reduce the project. We'll sell them, we're going to sell it, we know that and that was in the agreement, the monies will help us in this project when we sell that other building and we've got interest in the building. And that's the only thing I can say on the return but there were some things that were very unexpected, we just didn't know we were going to do. So, that's all I'm asking is, you really have everything and we just wanted everybody here to know it, the same, you know, have all the same information, everything, we're just, that's basically it right there, so. That's all I can, that's all I can really say, is that we've done everything that we can and we eally can't change the numbers right now, we've and right up to four-thirty this afternoon, until we got the numbers hacked out, you know, finished everything and that's the way it is. Okay, thanks. SUPERVISOR BROWER-Thank you. MR. JONES-If! could add one thing. We received bids as I said before on June 14th, the bids are good for forty-five days, which means that July, the end of July the bids are no longer good for us. So, we really, we're to a point, we've negotiated with the contractors in good faith and we're to a point where we need to make an award of this contract as soon as possible. Because if we don't award within the forty-five days, we're going to have to lose the bids that we have and to re-bid the project at this point, I don't think is going to be any benefit to either the fire company or the town. COUNCILMAN TURNER-Dennis, can we have a special meeting to look at it after Henry looks at it and approve it? We've had the public hearing. SUPERVISOR BROWER-Yea, we could, we could do that. COUNCILMAN TURNER-That would give him a jump-start. SUPERVISOR BROWER-I think we could, with the Town Board's agreement, we could schedule a special meeting to address this situation. I would suggest next Monday. COUNCILMAN BREWER-What are we going to do though, between now and then, like he said? SUPERVISOR BROWER-Well, the only thing we will do is have Henry, give him an opportunity to look at it, let him know what the financial impact will be to the town and we should be able to make an informed decision by our next meeting. COUNCILMAN BREWER-I guess the bottom line is, we have to decide whether we're going to move forward with this. SUPERVISOR BROWER-We'll also have time to, we'll also have time to notice it, you know, notice to the public that we are having a meeting. COUNSEL PONTIFF-Dennis, I think you may be more concerned about Henry looking at the material which I can't fault you for because he is the controller in the town and he deals with the finances but as Chuck just said, what more are we going to talk about at another public hearing? We've already discussed SUPERVISOR BROWER-I don't think it will be another public hearing. COUNCILMAN TURNER-We don't need a public hearing. COUNSEL PONTIFF-Well, I mean at the continuing public hearing. SUPERVISOR BROWER-We'll keep the public hearing open and then at that point, we'll see if there's any further input and we'll make a decision. COUNSEL PONTIFF -Of course there's not going to be any notice of a continuation of the public hearing. I mean, it will appear in the paper tomorrow that the public hearing was continued but. SUPERVISOR BROWER-Right. Well, there will be a meeting, we'll have notice that there will be a meeting regarding the fire company next Monday, a special meeting. COUNSEL PONTIFF-It should be a rather quick meeting, I would expect. SUPERVISOR BROWER-It may very well be and we'll probably have some things we can discuss that we normally would discuss at the Town Board workshop too. So, you know, normally, we have our workshops every other meeting so I don't mind scheduling the Bay Ridge Fire station as a special agenda item for public meeting next Monday. I think, it's appropriate. COUNSEL PONTIFF-Put it first on the agenda. SUPERVISOR BROWER-Yes. We figured you'd enjoy that. COUNSEL PONTIFF-Right. SUPERVISOR BROWER-Is that agreeable to the Town Board members? COUNCILMAN TURNER-Yes, it is with me. SUPERVISOR BROWER-Okay, then we'll set that meeting for next Monday, seven pm, right here. Roger, you would like to comment on the public hearing? MR. ROGER BOOR-Yea. If on Monday, the board approves the request of the applicant, is there any guarantees in place that this will be started before winter, that this will, this construction will get to a certain date before frost and everything? SUPERVISOR BROWER-I think that's a reasonable question to ask. I guess, I'd ask the architect that question. Dick, you may want to join him too. MR. MELLON, JR.-Dick will want to also respond but I've had some pretty lengthy conversations with the potential excavator and basically he has several jobs that are lined up right now. He has a window right now for our building. If we delay that any longer, he will not be able to get to it. I'm not trying to put pressure on you to make a decision or anything else, I'm just telling you the facts as it is. If we delay the project, the starting time, we won't get in the ground. SUPERVISOR BROWER-Well, when's he going to start? MR. JONES-Next week. MR. MELLON, JR.-Next week, if we get approval. SUPERVISOR BROWER-When next week? When next week? MR. JONES-Probably Tuesday of next week. SUPERVISOR BROWER-Well, I mean, what's the problem. MR. JONES-Well, we were anticipating SUPERVISOR BROWER-If we're going to approve it, we're going to approve it and if we aren't, we aren't. MR. JONES-Well, one of the criteria is that we notify our contractor tomorrow of an Award of Contract. We have rural development involved, which means that we have to go through a formal contract procedure with them, which takes approximately a week. If we don't make a Notification of Award to the contractor, Blank Construction tomorrow and we do it next Tuesday, that's going to put us a week and a half behind that schedule again. So, every day that we delay is having a major impact on construction process, materials, contractors, subcontractor availability. It's the nature of the beast right now, unfortunately. SUPERVISOR BROWER-Mike? MR. O'CONNELL- I guess I would just add to that, that where we are right now with the financing since we're changing the dollar amount, I will need some lead time as well to coordinate the increased dollar amount along with the USDA involvement. So, you're talking there, now, some lead-time of probably two weeks. So, all these things need to be taken into consideration. COUNCILMAN BREWER-So, if we approve this tonight, would you still be able to do everything for them to start construction next week? MR. O'CONNELL-Yea, I'd go for that. That's why I'm here, is to say, let me know where I am and if this is case, I'll go forward. So, that's why I'm here and that's a point that needs to be considered. SUPERVISOR BROWER-As far as you're concerned; the financing from your perspective is not a problem? MR. O'CONNELL-No, I don't see it, however, I mean, it does need, it is a change so it's a formality that needs to be addressed. It's not directly in my authority. Do I see a difficulty? No. I need to coordinate with an independent source being the USDA as well so, again, you're talking time, I mean, you can't do it in a day and I'd like to get forward and move forward on that and will but, you know, that's another component that needs to be considered. COUNCILMAN BREWER-We've got to make a move, I mean MR. BOOR-Excuse me, Dennis, is there a performance aspect of the contract, is what I'm getting at? I understand, I think they're absolutely right that they need to start this right away however the contractor, is there going to be fined or is it going to cost you more money if it doesn't get to a certain stage by winter. SUPERVISOR BROWER-You want to make sure that it's going to be, we're not going to be into winter construction, is that correct? MR. BOOR-Yea, I mean, to rush through this and them be sincere, and I believe they are and then have the contractor because he's not going to pay anymore if he gets it done, whatever, I mean, I don't see the pressure put on the contractor to perform if you award this contract. SUPERVISOR BROWER-Comment on that, Dick? MR. JONES-Yea, we do have liquidated damages in the contract, that is a requirement of rural development. Based upon our bid date of June 14th, we have a completion date, substantial completion of January 30th of 2002. If he's not complete, there's a penalty per day for liquidated damages for not completing the job. COUNCILMAN MARTIN-Is this a fixed cost contract? In other words MR. JONES-Yes it is, it's a fixed cost contract. COUNCILMAN MARTIN-If we wind up getting two feet of snow here in Thanksgiving, which has happened in the past, that's just, he's got to deal with it. MR. JONES-He's got to deal with it but what we've got to do is make every appropriate means to see that he gets started in a timely fashion. COUNCILMAN MARTIN-No, I agree with that I'm just saying MR. JONES-And if we delay him another month, we will be into winter construction with masonry and I don't want to do that. Right now, we have about a six-week time frame from approval of the shop drawn and review for the masonry, to get masonry on site. We know that it's going to take two weeks, once we make an award for that to come which means roughly two months from the date of award, we're going to have masonry on site. The other component that's desperately needed to be able to do the building is all of the wood frame. It's a major wood frame. That's going to take approximately two months. That gives us plenty of time to start site work, new foundations, get all of our footings in, all of our site drainage and everything else, our septic system, connect to our existing well and our new well on site and get everything prepped for the building. But if we don't have masonry and wood frame on site by sometime in early September, we're in trouble. It's a major building and we need to be able to get strted as soon as possible, because I'll be very honest with you, if we delay, the contractors going to be looking for winter construction and it's going to come back to the fire company as an additional cost. SUPERVISOR BROWER-In that case, I'm going to suggest we have a meeting this Thursday evening at seven pm. We'll advertise it appropriately. I still want some time for our comptroller to give some input to the board. Any problem with Thursday evening? COUNCILMAN BREWER-It might be, I can't say for sure right this second but something is going on Thursday. COUNCILMAN MARTIN-I can be here. COUNCILMAN TURNER-I think I can. SUPERVISOR BROWER-We'd have time to notice the public that we're having a meeting. DEPUTY TOWN CLERK BARBER-You just need twenty-four hours, actually. SUPERVISOR BROWER-Right. COUNCILMAN BREWER-You know, there may be a way to do this. I mean, if the bank is willing to go out on a limb and say that they can work with the financing or whatever for, I mean, they're not going to do some of these things until next year or the year after anyways such irrigation, planting. So, I mean the money that we're, I think we can work out the money part. SUPERVISOR BROWER-I just feel comfortable having a meeting Thursday. I think it's reasonable, it gives us a little TOWN COUNSEL HAFNER-And Tim, this is a two hundred and seventy thousand dollar increase in the cost based on what they told you. COUNCILMAN BREWER-I understand that. SUPERVISOR BROWER-It gives us a couple of days to digest what this means. TOWN COUNSEL HAFNER-I mean, to have a little time to think about it isn't unreasonable. SUPERVISOR BROWER-And I just think it's reasonable but and yet, we're taking the fire companies concerns into consideration at that same time so that we don't delay project any further. COUNCILMAN BREWER-Thursday, will give us time? MR. JONES-If that's what we have to deal with, I guess that's what we have to deal with. COUNCILMAN TURNER-If not, just schedule it for Monday. COUNCILMAN BREWER-Well, I guess we have to ask them if Thursday is going to do it. COUNCILMAN TURNER-I know, but I'm saying, we've got to look at it first. SUPERVISOR BROWER-So, we'll have a public meeting on Thursday evening, seven pm, right here. I appreciate your input. COUNCILMAN BREWER-Thursday, what time? SUPERVISOR BROWER-Seven pm. COUNCILMAN STEC-Do you still want a workshop on Monday? SUPERVISOR BROWER-I don't know what else we've got, we've got a number of things cooking but we should know by Thursday. Okay, thank you, we'll leave the public hearing open in case people want to correspond with us in some fashion. Appreciate the update and let's move forward with resolutions. PUBLIC HEARING LEFT OPEN RESOLUTIONS 9: 10 P.M. RESOLUTION AUTHORIZING AWARD OF BID FOR DEMOLITION AND REMOVAL OF STRUCTURE OWNED BY GORDON LA BARGE LOCATED AT 2027 RIDGE ROAD QUEENSBURY RESOLUTION NO.: 274, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, on December 4th, 2000, the Queensbury Town Board held a hearing concerning an unsafe structure owned by Gordon LaBarge located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1- 8) and adopted Resolution No.: 508, 2000 ordering Mr. LaBarge to immediately begin renovating or demolishing the unsafe structure and completing the renovation or demolition and removal process by March 30th, 2001, and WHEREAS, Resolution No.: 508,2000 also stated that, in the event that Mr. LaBarge did not comply with the Town Board's Resolution, the Town Board would authorize the Director of Building and Codes Enforcement to make arrangements for demolition and removal of the structure, and WHEREAS, on June 4th, 2001, the Director of Building and Codes advised the Town Board that Resolution No.: 508,2000 was served on Mr. LaBarge in accordance with New York State Town Law ~130(l6) and Queensbury Town Code Chapter 60 and Mr. LaBarge had not finished the renovation or demolition and removal of the structure, and WHEREAS, by Resolution No.: 242,2001, the Town Board set another hearing for June 18,2001 concerning the proposed demolition and removal of the unsafe structure and authorized and directed the Director of Building and Codes Enforcement to solicit bids for the demolition and removal of the unsafe structure, and WHEREAS, the Town Board heard all interested parties concerning this matter on June 18th and June 25th, 200 I and has been advised by the Director of Building and Codes Enforcement that he solicited and received bids for the demolition and removal work and has made a bid award recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Director of Building and Code Enforcement to engage the services of Kruger Concrete, Inc. to perform the demolition and removal work specified in this Resolution for an amount not to exceed $3,800 and to take such further steps as may be necessary and appropriate to accomplish demolition and removal of the unsafe structure owned by Gordon LaBarge located at 2027 Ridge Road, Queensbury (Tax Map No.: 22-1-8) if the structure is not removed from the property by October 9th, 2001, and BE IT FURTHER, RESOLVED, that the Town will seek to assess the costs of demolition against the property and the Town Board hereby authorizes and directs Town Counsel to institute an action to collect the cost of the demolition and removal, including legal expenses, if necessary, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Director of Building and Codes Enforcement to send a copy of this Resolution by registered mail to the property owners. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AWARDING BIDS FOR #2 FUEL OIL FOR HEATING PURPOSES, BEST GRADE DIESEL OIL TO BE USED AS FUEL FOR OPERATION OF HIGHWAY AND FIRE COMPANY EQUIPMENT AND KEROSENE FOR TOWN LANDFILL RESOLUTION NO.: 275,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Purchasing Agent duly advertised for bids for #2 fuel oil for heating purposes, best grade diesel oil to be used as fuel for operation of highway and fire company equipment and kerosene for the landfill in accordance with Town of Queensbury specifications, and WHEREAS, Agway Energy Products, LLC has submitted the only and therefore, lowest responsible bid and therefore the Purchasing Agent has recommended that the Town Board award the bids to Agway, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for #2 fuel oil for heating purposes, best grade diesel oil to be used as fuel for operation of highway and fire company equipment and kerosene for the landfill to Agway Energy Products, LLC to be paid for from the appropriate accounts. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AWARDING BID FOR CONSTRUCTION OF WATER LINE CONNECTOR TO TOWN OF MOREAU TO SWARTOUT CONSTRUCTION, INC. RESOLUTION NO.: 276, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 492,98, the Town of Queensbury authorized and entered into an Intermunicipal Agreement with the Town of Moreau for the provision of water to the Town of Moreau, and WHEREAS, as part of the Intermunicipal Agreement, the Town is obligated to construct a water line connector to the Town of Moreau, and WHEREAS, by Resolution No.: 221.2001, the Queensbury Town Board authorized the advertisement for bids for the construction of a water line connector to the Town of Moreau, and WHEREAS, a Notice to Bidders was duly advertised and bids were received at the office of the Town Purchasing Agent, and WHEREAS, the Town's Water Superintendent and C. T. Male Associates, the engineers providing services to the Town in connection with the project, have reviewed all bids received and recommended that the Town Board award the bid for the project to the lowest responsible bidder, Swartout Construction, Inc., for a bid amount of $284,882.50, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the Intermunicipal Agreement, the Queensbury Town Board hereby approves of the construction of a water line connector to the Town of Moreau, authorizes funding for the project and specifically awards the bid for the project to Swartout Construction, Inc., for a bid amount of $284,882.50 and an additional $5,000 for any change orders authorized by the Water Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the funding for this project shall be from the Moreau Water Connection Capital Project Fund and further authorizes and directs the Town Comptroller to set appropriations for this portion of the project in the amount of $290,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent to execute any Change Orders that may be necessary in connection with the construction project in an amount not to exceed $5,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent 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 9th day of July, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING ISSUANCE OF UP TO $170,000 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF IMPROVEMENTS TO SHORE COLONY WATER DISTRICT WATER SYSTEM AND AUTHORIZING ISSUANCE OF UP TO $170,000 IN BOND ANTICIPATION NOTES OF TOWN OF QUEENSBURY FOR SAME PURPOSE RESOLUTION NO.: 277, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury (the "Town") has established the Town of Queensbury Shore Colony Water District (the "District") in accordance with New York Town Law; and WHEREAS, the State of New York Department of Health ("DOH") has determined that all surface source drinking water supplies must meet the new federal and state requirements to provide the proper treatment of filtration as required by the State Sanitary Code; and WHEREAS, the District is required to improve its water storage system to comply with the Sanitary Code requirements; and WHEREAS, O'Brien & Gere Engineers have developed plans for a new water storage tank and filtration system for the Shore Colony Water District facility which have been approved by the DOH; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of improvements to the water supply system of the Shore Colony Water District, including replacement of a water storage tank and installation of filtration equipment, and further including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of One Hundred Seventy Thousand Dollars ($170,000.00). Section 2. The plan for the financing of such maximum estimated cost is by the issuance of up to One Hundred Seventy Thousand Dollars ($170,000.00) in serial bonds or bond anticipation notes of the Town on behalf of the District, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after July 9, 200 I, the date of adoption of this Resolution. The Town may submit applications for additional grants and/or low interest loans from the New York State Department of HealthlNew York State Environmental Facilities Corporation Drinking Water State Revolving Fund and/or the United States Department of Agriculture Rural Development Authority and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107(d)(9), no down payment from current fund is required. Section 3. construct the Project. The Town Board hereby determines that it is in the public interest to acquire and Section 4. It is hereby determined that the period of probable usefulness of the specific object or purpose is forty (40) years, pursuant to Subdivision I of paragraph (a) of Section II of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the District a fee sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, including related preliminary and incidental costs, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $170,000, the maximum maturity of which shall not exceed the forty (40) year period of probable usefulness set forth above, and which shall mature on or before the date of the expiration of the period of probable usefulness as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $170,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to ny of the serial bonds or bond anticipation notes and to attest such seal by manual signature. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes. Section 13. determined rate. If issued, the notes shall be in registered form, and shall bear interest at the Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax- exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands within the Town's boundaries are assessed at less than ten percent (10%) of the total assessed valuation of the Town so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or (2) The provisions oflaw which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. The full text of this Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: AYES : ABSENT: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION AUTHORIZING ISSUANCE OF UP TO $22,500 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY PORTION OF COST OF DIGITAL COPIERS AND AUTHORIZING ISSUANCE OF UP TO $22,500 BOND ANTICIPATION NOTES OF TOWN OF QUEENSBURY FOR THE SAME PURPOSE RESOLUTION NO.: 278,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 322.2000, the Queensbury Town Board authorized the purchase of three (3) digital copiers for a total amount of $33,500 with payment for such copiers to be in part by proceeds of a Bond and Bond Anticipation Note, and WHEREAS, the Town Board wishes to authorize financing for the copiers, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is three (3) digital copiers, including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of $33,500 (exclusive of the monthly maintenance/service fee). Section 2. The plan for the financing of such maximum estimated cost is as follows: (a) the provision of $11,000 from the General Equipment Capital Project Account; and (b) the issuance of up to $22,500 of serial bonds or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the Local Finance Law. Pursuant to Local Finance Law Section 107.00(d)(9), a down payment from current funds is not required. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose is five (5) years, pursuant to Subdivision 32 of paragraph (a) of Section 11 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. Section 4. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 5. For the purpose of paying the cost of the Project, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $22,500, the maximum maturity of which shall not exceed five (5) years and which shall mature on or before such date as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. Section 6. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $22,500 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 7. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 8. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will not be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual or facsimile signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal ofthe Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual or facsimile signature. If executed by facsimile signature, such obligation shall be authenticated by the manual countersignature of the Town Supervisor or a designated fiscal agent. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 11. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law, and at such sale shall determine the interest rate to be borne by such bonds and/or notes, and whether fixed or variable. Section 12. If issued, the notes may be in bearer form and may contain a power to convert to registered form, and shall bear interest at the determined rate. Section 13. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 14. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax- exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 15. The Town of Queensbury is a town partially within the Adirondack Park. State lands within the Town's boundaries are assessed at less than ten percent (10%) of the total assessed valuation of the Town. Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 17. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions oflaw which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 18. This Resolution or a summary hereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 19. This Resolution shall take effect immediately. Section 20. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION TO AMEND 2001 BUDGET RESOLUTION NO.: 279, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget as follows: COMMUNITY DEVELOPMMENT: FROM: TO: $ AMOUNT: 01-8020-1610 (Planning Asst.) 01-8010-1606 (Code Compliance Officer) 15,000. SAFETY INSPECTION: FROM: TO: $ AMOUNT: 01-3620-4400 (Misc. Contractual) 01-3620-1372 (Building & Code Enf. Officer Proj. Overtime) 300. WATER: FROM: TO: $ AMOUNT: 40-8320-4400 (Misc. Contractual) 40-8330-4400 (Misc. Contractual) 2,000. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING MATCHING OF GRANT FUNDS IN CONNECTION WITH "LAKE GEORGE - PLAN FOR THE FUTURE" GRANT FUNDS AWARDED TO TOWN OF BOLTON ON BEHALF OF ALL MUNICIPALITIES IN LAKE GEORGE BASIN INCLUDING THE TOWN OF QUEENSBURY RESOLUTION NO.: 280,2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Bolton recently received a grant targeted to benefit the Lake George Watershed Basin in connection with the document "Lake George - Plan for the Future," (Plan) which Plan was developed by municipalities in the Lake George Basin, including the Town of Queensbury, and WHEREAS, the grant funds will be used to advance the Plan's recommendations, including development of a specific three-year funding plan and strategy as well as development and submission of associated applications for funding assistance for and on behalf of all Basin municipalities, and WHEREAS, the Director of the Lake George - Planning For the Future committee has requested letters from all Basin communities confirming each community's pro-rata (financial) participation in the local match considerations of the grant program, and WHEREAS, the Town of Queensbury's pro-rata share is $7,000 as delineated in the June 18, 2001 letter from the Lake George-Planning for the Future presented at this meeting, and WHEREAS, the Town Board feels that this grant program will benefit the Lake George Watershed Basin and Town of Queensbury residents, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the grant awarded to the Town of Bolton in accordance with the "Lake George-Plan for the Future" document and authorizes and directs matching funds in the amount of $7,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the letter presented at this meeting and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of July, 2001 by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING POSITION RECLASSIFICATION/ UPGRADE AND ASSOCIATED APPOINTMENT TO POSITION RESOLUTION NO. 281,2001 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to reclassify and upgrade a certain position within the Town of Queensbury and appoint an employee to this reclassified, upgraded position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reclassification and upgrade of position and associated employee appointment and annual salary effective July 10th, 200 I as follows: Name Position Grade Overtime Annual Salary Judy Fish Deputy Tax Receiver 4 Yes 29,366 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to complete and file any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING POSITION RECLASSIFICATION/ UPGRADE AND ASSOCIATED APPOINTMENT TO POSITION RESOLUTION NO. 282,2001 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to reclassify and upgrade a certain position within the Town of Queensbury and appoint an employee to this reclassified, upgraded position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reclassification and upgrade of position and associated employee appointment and annual salary effective July 10th, 200 I as follows: Name Position Grade Overtime Annual Salary Connie Gebo Account Clerk 4 Yes 27,119 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to complete and file any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin NOES Mr. Brower ABSENT: None DISCUSSION BEFORE VOTE: Supervisor Brower-The only comment I have on this is that this particular position was not recommended for an upgrade by the Department Manager, Mr. Hess, therefore I can not support the change in grade since the duties of the position have not increased... vote taken Supervisor Brower noted that the board will be pulling resolution 5.10 from the agenda. RESOLUTION AUTHORIZING ENGAGEMENT OF ENVIRONMENTAL CAPITAL LLC TO PROVIDE FINANCIAL ADVISORY SERVICES IN CONNECTION WITH PROPOSED ROUTE 9 SEWER DISTRICT EXTENSION RESOLUTION NO.: 283, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to engage the services of Environmental Capital LLC to provide financial advisory services in connection with the Town's borrowing from the Environmental Facilities Corporation (EFC) in connection with the Town's proposal to extend the Route 9 Sewer District, and WHEREAS, Environmental Capital LLC has offered to render these services for the amount of $15,000 contingent upon the successful completion of the financing, plus traditional reimbursable expenses, and WHEREAS, a copy of Environmental Capital LLC's agreement dated June 21, 2001 has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Environmental Capital LLC to provide financial advisory services as referenced above for an amount not to exceed $15,000 with the exception of traditional, reimbursable expenses, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the agreement presented at this meeting and take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the payment for the financial advisory services shall be paid at or after the loan closing and shall be charged to the Capital Project for the District Extension which will be established by the Town Board when it approves engineering reports and authorizes the application for EFC loan funding. Duly adopted this 9th day of July, 2001 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY KENNETH AND CHERIE LUKE FROM UR-IA (URBAN RESIDENTIAL - ONE ACRE) TO MR-5 (MULTIFAMILY RESIDENTIAL - 5,000 SQUARE FEET) RESOLUTION NO.: 284, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. James Martin WHEREAS, the Queensbury Town Board is considering a request by Kenneth and Cherie Luke to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 61-1-41.2; 61-1- 41.3; 61-1-42 and 61-1-43 located at 425 Bay Road, Queensbury from UR-IA (Urban Residential- One Acre) to MR-5 (Multifamily Residential- 5,000 Square Feet), and WHEREAS, on or about May 7th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about June 26th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about June 13th, 2001, the Warren County Planning Board considered the proposed rezoning and denied the application without prejudice due to lack of pertinent information, 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 Queensbury Town Board shall hold a public hearing on Monday, July 23rd, 2001 at 7:00 p.m. 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 properties owned by Kenneth and Cherie Luke bearing Tax Map No. 's: 61-1-41.2; 61-1-41.3; 61-1-42 and 61-1-43 located at 425 Bay Road, Queensbury would be rezoned from UR-IA (Urban Residential- One Acre) to MR-5 (Multifamily Residential- 5,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office 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 provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office 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 intends to conduct SEQRA review of the proposed rezoning after the public hearing at its July 23rd, 2001 meeting. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AWARDING BID FOR REPARATION AND/OR REPLACEMENT OF CURBS IN VICINITY OF BROAD ACRES NEIGHBORHOOD IN THE TOWN OF QUEENSBURY RESOLUTION NO. : 285, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously authorized the advertisement for bids for the reparation and/or replacement of the Town of Queensbury's curbs in the Broadacres neighborhood in the Town of Queensbury, and WHEREAS, the Town Purchasing Agent duly advertised a Notice to Bidders and two (2) bids were received, and WHEREAS, the Purchasing Agent and Town Highway Superintendent have reviewed the bids and recommended that the Town Board award the bid to the lowest responsible bidder, AI. Catalfamo Construction Company, Inc., for the amount of $14.92 per lineal foot for curb line replacement, $3.60 per square foot for driveway apron replacement for a total project cost of $70,004.64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the reparation and/or replacement of the Town of Queensbury's curbs in the Broadacres neighborhood in the Town of Queensbury, authorizes funding for the project and specifically awards the bid for the project to AI. Catalfamo Construction Company, Inc., for a total bid amount of $70,004.64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the funding for this project shall be from the General Fund Sidewalk Account No.: 01-5410-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent 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 9th day of July, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 286, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation to connect the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP) along a route following Queensbury Avenue and the Niagara Mohawk Right of Way, which area would also include 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the Map, Plan and Report (Map, Plan and Report), and WHEREAS, the 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, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, Jarrett-Martin, LLP filed a district formation report for the Kingsbury Sewer District on May, 2001, and WHEREAS, the Kingsbury Sewer District improvements had been discussed generally in the Map, Plan and Report since it is part of the entire project, but subsequently to the filing of the Map, Plan and Report, the Town of Kingsbury decided to create its own district for such improvements, and WHEREAS, the Town Board wishes to establish the proposed sewer district in accordance with Town Law Article 12A, and WHEREAS, the Kingsbury District Formation Report included the revised Part I of a Full Environmental Assessment Form which was prepared and is presented at this meeting and a coordinated SEQRA review is desired, and WHEREAS, the Town sent a copy of such Part I of the Environmental Assessment Form and a copy of the Map, Plan and Report and the Kingsbury District Formation 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 required to be sent along with a letter indicating that the Town Board will be undertaking 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, NOW, THEREFORE, IT IS ORDERED: 1. The Town Board shall hold a public hearing and consider establishing the proposed South Queensbury - Queensbury Avenue Sewer District previously described in this Resolution. 2. The benefited areas proposed to be a part of the proposed Sewer District are as follows: TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-6.1 North Country Imports 109-5-1 Chartrand Property 109-5-2 Warren County 109-5-3 109-5-4 137-1-49 Chartrand Property 137-1-50 Washington County 137-1-51 109-5-13.21 Warren County Properties 55-2-21.1 (218 acres) Floyd Bennett Memorial Airport 137-2-1 137-2-1.1 109-3-3 109-4-7 110-1-2.61 110.1-2.62 110-1-2.64 110-1-2.65 110-1-2.66 110-1-2.67 110-1-2.68 Proposed Warren/Washington Counties (Airport) Industrial Park Phase II Earltown Properties 3. The proposed improvements shall be installed as specifically delineated in the Map, Plan and Report prepared by Jarrett-Martin, LLP. 4. All proposed construction shall be installed and paid as depicted in the Map, Plan and Report (including the cost payable to the City at the time of initial hook -up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent .. . . engmeerIng supervIsIOn. 5. The maximum amount proposed to be expended for these improvements will be approximately $1,601,411 including a one time buy-in fee estimated to be $1.25 per gallon of average daily flow, which in this case would be $31,250. The improvement costs for the proposed extension are specifically delineated in the Map, Plan and Report. 6. The estimated cost of hook-up fees to the typical property, annual cost of the extension to the properties and sewer rents are depicted in the Map, Plan and Report. 7. In accordance with Town Law ~206-a, all future expenses of the South Queensbury- Queensbury Avenue 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 and area involved and a detailed explanation of how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 6th, 2001 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to 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. 11. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. Duly adopted this 9th day of July, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INCURRENCE OF DEBT BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR REPAIRS TO LADDER TRUCK RESOLUTION NO.: 287, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury previously established a Fire Protection District within the Town and has provided for fire protection within the District by contracting with the Town's five (5) fire companies, including the West Glens Falls Volunteer Fire Company, Inc. (Fire Company), and WHEREAS, the Fire Company previously purchased a 1975 Sutphen tower ladder truck and has advised the Town Board that the ladder truck is in need of repair and estimates that it will cost approximately $40,000 to repair the truck but once the truck is refurbished, the useful life of the ladder truck will be approximately 10 years, and WHEREAS, the Fire Company has arranged for a $40,000, five year installment loan with Glens Falls National Bank for repair purposes, and WHEREAS, the Agreement between the Town and Fire Company dated March 22, 2000 provides that the Fire Company will not incur certain debt without the prior approval of the Town Board, and WHEREAS, the Town wishes to adopt a Resolution authorizing the incurrence of this debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the incurrence of up to $40,000 in debt by the West Glens Falls Fire Company, Inc. to repair the Fire Company's 1975 Sutphen tower ladder truck with the understanding that, I) the Town Board is relying upon the Fire Company's assurances that the ladder truck is serviceable and suitable for use, and 2) the Fire Company will repay the $40,000 loan from the operating funds category of the Fire Company's approved budget or from non-Town funds, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with Glens Falls National Bank on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take any necessary action to effectuate the terms of this Resolution. Duly adopted this 9th day of July, 2001, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: None DISCUSSION BEFORE VOTE: Mr. Pete Harrington, 9 Stephanie Lane, Director, West Glens Falls Fire Company Mr. John Wells, Pinewood Road, President, West Glens Falls Fire Company Mr. Bob Gilman, Woodland Path, Director, West Glens Falls Fire Company Supervisor Brower-Gentlemen, you're here tonight because there was a misunderstanding. I understand that you misunderstood it. I expect to clarify it further with all the companies, just to make sure they understand that they can not incur debt without permission of the Town Board. My understanding is you have a safety problem dealing with the ladder truck that the company has and that it would cost, is it correct, forty thousand dollars to prepare it? Mr. Wells-Not to exceed forty. Supervisor Brower-Not to exceed forty thousand? Mr. Harrington-That's the amount of the loan that we have in process with Glens Falls National Bank. Supervisor Brower-Okay. I also understand that you painted the vehicle, this particular vehicle at a cost of about thirty thousand dollars, roughly which you're paying for out of your own funds that the fire companies raises, is that correct? Mr. Wells-The painting was part of the refurbishing of the truck that we are paying for, yes. Mr. Harrington-When we originally bought the truck, we had sold an engine, bought the new tower, bought the used tower truck that also has a pump on it so we didn't lose it, the availability to pump with the vehicle. We were able to, the cost of sale of the truck, of the old truck, paid for the new truck purchase and then we took out the loan personally. Supervisor Brower-Can you describe the problem you had with the truck and why it's necessary to prepare it. Mr. Harrington-Yes, the problem is, I am not sure, are you all familiar with what a bucket is on top of the ladder? There is a yoke there that is in a U shape that holds the bucket there along with that, that helps them maneuver up and down and stabilizes it as you go up and down or move sideways. On that yoke there was a bend we will say in the Yoke, which took away from its strength and durability. We had Southbend the manufacture of the truck sent out a representative to look at the truck, they looked at it and told our Chief what was wrong and what their feelings were and said that they did not feel safe in certifying the truck for use. Because of that they are saying, we would not want that to be our responsibility if something happened to somebody in that bucket truck. With that we got proposals on the amount to repair that from the original manufacturer of the truck and that is where that truck is now. That they are going to re-fabricate that part of the truck from the yoke out and a new bucket ncluded so that all will be lighter and all be more durable and stronger and safer in the long run for our people that use it. Supervisor Brower-And they will guarantee the repair? Mr. Harrington-Yes. Supervisor Brower-Have you, you haven't actually incurred the debt yet, correct? You had an agreement to incur the debt with one of the bank, a local bank? Mr. Harrington-Glens Falls National. Supervisor Brower-Have you talked to Henry Hess to see if he could negotiate a better rate for you with one of our financial institutions or would you, lets put it this way you wouldn't object to that would you? Mr. Wells-I would not object to it, however we are not looking to increase our contract, we are looking to take the loan out and we are moving Supervisor Brower-So, you are doing it within your budget? Mr. Wells-Yes, we are. We are not looking to raise one penny on our contract. Supervisor Brower-But, if you could save some money through a contact the Town has you would not object to that? Mr. Wells-Again the problem that we have is there was miscommunication within the language of the contract we had to ship our truck to Ohio, I mean load it on a flat bed and it is coming back next week. We got to pay for this thing, we cannot you know. Supervisor Brower-I do not think that the Board objects frankly to the company borrowing money for this purpose, I am not saying that, I do not want to infer that, it sounds to me like you know, my understanding was that when you read the contract and I did not bring the page of the contract but it is kind of like a run on sentence that could be interpreted incorrectly. I understood that I would like to clarify that certainly in a new agreement when we do get one but I want to notify all the fire and ems squads that anytime you incur debt you have to have permission from the Town Board. Mr. Wells-..J came here last meeting that we had, Henry was sitting there, you and the Board mentioned that you would introduce a resolution for, to be on tonight, so he was well aware that we were going to be here, he is not here and we are, Bob Miles the Vice President of Glens Falls National Bank certainly the educational and expertise to advise us financially what is the best rate. We have all our accounts with them, I do not think he will steer us wrong and we are not raising our contract. Why do we need to postpone it for Henry to be here? Supervisor Brower-Oh no, I did not say that. I am going to request simply request that you talk to Henry and say, Henry here is the rate that has been proposed by Glens Falls National Bank do you feel that we can do better at Evergreen or whoever you know the Town normally banks with? Mr. Wells-We are committed to Glens Falls National for, because of our mortgage. Supervisor Brower-You have some agreement with them regarding that? Mr. Harrington-We have checked when we went back if you want to regress a little back to our truck that we spec out and bid that we came for the resolution a couple of months ago, you asked us the same thing. We did the same thing we brought Evergreen and we brought Glens Falls National they are always comparable, we just have had a problem with working with Evergreen prior to when we were building our building, they caused us, they wanted to cause us a delay by having us do another environmental impact study for them. The reason being is they were not sure of the PCB's that they said were moving through the soil. As we all know PCB's do not do that, or PBC's which ever they are they will not do that. Glens Falls National stepped in on a one point four million dollar loan and had it approved within seven working days. They are going to keep our business and they always give us a deal that is comparable with any other deal we can reach any place else. So, for us to check with Henry to go through that I tink would be a mute point as it was when we did the information for our truck. Supervisor Brower-Any questions from Board Members? Ok. Thank you gentlemen So you are saying that it will not exceed forty thousand dollars? Mr. Harrington-The loan is to be no more than forty thousand dollars. I just request that we be able to hear what the resolution itself states prior to the vote. We have not been given a copy of it that yet. (given a copy of the resolution) Supervisor Brower-Bob would you recommend revising any language to say that it will not exceed forty thousand but it could be less? As opposed to forty thousand. Town Counsel Hafner-Do you want to add the words up to forty thousand, that is fine. I would add that in the first Resolve. Mr. Harrington-As a side note while they are doing this you guys were quite involved with us when we sought approval for our new truck and just to let the Board know we came in almost thirty thousand dollars under what we thought we were going to so the cost of the truck was four hundred and two not four thirty. We had a high bid offour hundred and sixty two thousand for the truck that we wanted and we did not take it. Councilman Martin-Also, just as a point of note isn't this truck here one that you purchased used and saved a great deal of money in purchasing it used? Councilman Brewer-And paid for it by themselves to. Mr. Wells-This truck if you went out and bought a new truck a tower truck the size that it is close to a half a million dollars or more. Mr. Harrington-To date on this truck except for maintenance and general upkeep the Town does not have a penny in it. Deputy Town Clerk Barber-The person that introduced and seconded agree to the amendment? (Yes) vote taken. 6.0 TOWN BOARD DISCUSSION 6.1 ANIMAL LAND PARCEL Executive Director Chris Round-George Stec from the Environmental Committee is here, and George brought this to the attention of the Environmental Committee. The LeCars family which had offered some time ago the Animal Land parcel for a Not For Profit Organization none existed at the time this land is approximately 54 acres adjacent to the towns former well field, and adjacent to Great Escapes landholdings which constitutes the Rush Pond area. That is an area the Land Conservancy is going to be interested in. Noted this parcel is up for tax sale, back taxes are approximately twenty seven hundred dollars the total assessed value is currently thirty thousand dollars. As a part of tax sale the County offers municipalities the first shot before public auction. I do not anticipate this property is going to be sought after by the general public because it is land locked and it is wetlands. Encouraged the Town to purchase this property in advance to the auction and then when the Land Conservancy is in a positin to accept property which I think they did just receive their Not For Profit status, if it fits into their mission, they would accept the land from the Town. Councilman Stec- Y our memo said two thirds of fair market value or back taxes which ever is greater... Executive Director Round-Noted that was a verbal from Mike Swan, I do not know it is a written policy? I would encourage the Supervisor to offer back taxes. Councilman Martin-I think it is a great idea. Councilman Stec-I think we could get this one for back taxes. Supervisor Brower-Do we have general concurrence on this? Board agreed Executive Director Round-Noted Indian Ridge common space lands which just came to the Town this is adjacent to those, so it is fitting together pieces of the puzzle that would make a nice nature preserve type of passive recreation kind of use. 7.0 ATTORNEY MATTERS Councilman Stec-Just as a matter of pointing out to the public the Town Board is considering the closure of Clifford Avenue. Town Counsel Hafner-Noted we are waiting for some items from Attorney O'Connor. Re: Snowmobile trails, talked to Scott Reid about the six to ten culverts, he is talking with the City. Councilman Stec- To update the Board, the City is saying they are busy for being able to work on this, maybe they will be willing to supply the materials and we would send a crew in conjunction with County or Snowmobile Club people. I still think you are talking a couple of days up there and it will be good for the recreation area. Ms. Barbara Bennett-Questioned by Comptroller Hess was not present? Noted that there was discussions on bonding. Councilman Martin-He was sick. Town Counsel Hafner-Noted that he had input on the bonding... Councilman Brewer-Noted he received the easements from our Attorney's Office and hand delivered them to residents of Queensbury Forest and they are willing to sign them, we are now waiting for them to return the signed documents. Spoke to the Highway Supt. Mr. Missita today and he is going to order the material this week and at the end of this week or beginning of next week we will have it and be able to get started. Supervisor Brower-Questioned if anyone had any problems with this? Councilman Brewer-Noted one lady wanted to know who is going to put her lawn back in, I assured her it would be put back the way it went in there with it. Executive Director Round-Updated the Board on the following: 1. July 5th we met with Chazen Companies they have prepared a revised Zoning Ordinance, we have looked it over and had several minor comments we expect a revised draft in your hands before the end of the week. Will becoming to the Board for a budget request for monies for printing costs...copies will be available for the public-1st public meeting to deliver it to the people in North Queensbury Aug. 29th. 2. Aviation Mall FEIS delivered a week ago Friday, they asked to entertain acceptance tonight we have not had the time to review the document, we expect to complete the review this week the Mall has asked to have a resolution of acceptance of the FEIS on the 16th. 3. July 10th meeting with QEDC..they have revised their By-Laws to include a representative of the Town, the Supervisor has been appointed to the QEDC as an Ad hoc position. 4. Great Escape-Anticipate that the findings will be adopted July II at a Planning Board Meeting. 5. Jly 17th Main Street Steering Committee Meeting, Tim and Dennis have been appointed as local representatives, approximately 14 people including Russ Chatman as the City and Chamber Representative, Bob Joy as a Representative of the Glens Falls LDC. 6. County Level July 25th they have scheduled a meeting at the Fire House of the Main Street Corridor, written confirmation has not yet been received. Councilman Brewer noted he would be out of town, requested if possible could that be rescheduled. Councilman Martin-Suggested an imitative of a PUD Corridor on Main Street... Councilman Brewer-Requested an update on Govern from Bob Keenan. RESOLUTION ADJOURNING MEETING RESOLUTION NO. 288.2001 INTRODUCED BY Mr James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury herby adjourns its Regular Meeting. Duly adopted this 9th day of July by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury