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2002-02-25 (2) REGULAR TOWN BOARD MEETING DISCUSSION-PYRAMID COMPANY/UNSAFE STRUCTURE Supervisor Brower-Mr. Lapper, Mr. Orlando of Pyramid Company Unsafe structure discussion. Goodevening. Attorney Lappper-I would just like to bring the Board up to speed on where we are since we were here two weeks ago. The resolution that you passed at your last meeting called for us to get acknowledgement from the Pyramid Home Office that they were in agreement with the terms of the revised resolution. The Thursday after that Monday Meeting I sent such a letter to Bob Hafner, Pyramid immediately moved forward to execute the contract with the remediation contractor which is Marcor out of Albany that does the, Marcor Remediation Inc., the remediation contractor indicated that because of the presence of asbestos they had to send a ten day required notification to the State Department of Labor as required by Article 30 of the Labor Law and that has been done and I have a copy of that notification for you. They have been on site they started moving out some of the non fixture items from the site and that ten day period will be over around the 8th and they will be in I think that is Friday they will be in begining of the next week to start knocking things down. In the interim we have an engineering report to submit to you that you requested. The engineering report confirms that the remainder of the building is structurally sound but at the same time that there are problems because of the holes in the roof from primarily from the fire departments doing their work. So, that is called to be done in here and that will be done at the same time and we also have some drawings diagrams of what the building will look like with the restaurant and the office removed. So, first I want to hand out Councilman Brewer-So, they are going to take it, it is going to take them a week so the 15th they are going to Attorney Lapper- They will be on site with bulldozers on the 13th Mr. Orlando-No, they are going to start taking the hazardous material out on the 8th they are going to work all the way through the weekend right through and should begin demolition on March 13th. Supervisor Brower-So, it says estimated completion date, March 15th. Councilman Brewer-That is for the asbestos. Supervisor Brower-Or is that the whole building? Mr. Orlando-I think he is going to finish a couple days early, March 13th and begin demolition immediately after that. Councilman Brewer-Does it have to be inspected or anything after they take the asbestos out? Attorney Lapper- They are a licensed asbestos contractor so they have to, you have to file a notification ahead of time and tell the State that you are doing it and then you can go do it. Mr. Orlando-And it requires third party air monitoring that goes on to Councilman Brewer-I remember when we did it here does the State have to come back and inspect it to make sure it is all gone, Dave, do you know? Director of Building and Codes Mr. Dave Hatin-They have to certify to the State that they have followed the program. Councilman Brewer-The protocol or whatever. Supervisor Brower-Darleen could I have you read this letter into the record. Councilman Brewer-I guess my point in the question would be who is to say that they would not go in there and say it is all done and I am not saying this company but any company go in and not take it all and then just have a bulldozer come in the next day and tear everything up and yea it is gone. Who is to know? Attorney Lapper- They would be violating the terms of the contract with the landowner but the bottom line is that at the end of the day this is what it is going to look like without the front building, so I will pass this out. So, it will all be gone and the front graded out and it will not be a problem for Queensbury to deal with because it will be out of town. Mr. Orlando-And Tim, for what it is worth Tim, we have worked with this contractor before in the mall you know as we replaced some of the older stores many times they have the older finishes and the tile and mastic and they have done an excellent job. Councilman Brewer-I am not, make any presumptions about any company but I amjust saying that could happen, stranger things have happened. Attorney Lapper- The simple answer is it would effect their licensing with New York State, no body wants to get out of that business because it is such a lucrative business taking asbestos out of buildings. The last thing that you had asked us for was to show you what the building would look like, temporally until there is a re-development and I have got a photo rendering. Supervisor Brower-Darleen could I ask you to read that letter into the record please. Town Clerk Darleen Dougher- Ltr. John P. Stopen Engineering Partnership to Mr. Orlando The writer visited the former Howard Johnson complex on February 18, 2002. All observations noted below are the result of visual review. Contract documents were not available. The following items were noted: 1. The facility is presently vacant. 2. The construction dates are unknown, but, it is clear the Hotel was constructed in at Least two phase. A. Southern Section I. Two level constructed of hollow core plank and concrete masonry bearing walls. 2. The swimming pool roof structure includes structural steel and a wood roof deck. Water was dripping from the roof deck. The source of the leak should be identified and remediated. The wood deck should be checked for integrity. If damaged wood is located, remove and replace. 3. Fire damage occurred in a Hotel Room adjacent to the southwest corner of pool. No structural damage was noted. 4. Subsequent to remediating "2" above, the southern section of Hotel, visually appears to be structurally sound. B. Northern Section I. Floor construction is hollow core plank and bearing wall. Roof construction includes concrete beams, masonry walls and Tectum decking. a. In certain areas, the structural integrity of the Tectum roof deck has been compromised. Areas exist where firemen, as part of a training exercise, created holes in the deck. In other areas, the roofing membrane allowed passage of water into the Tectum roof deck. When subjected to moisture, the Tectum has deflected and/or distorted. To re-establish structural integrity, the deteriorated Tectum should be removed and replaced with acceptable structural materials. Pre-existing holes should be infilled. Acceptable construction material includes wood plank, wood joists and/or steel metal decking. b. Subsequent to repairing the damage areas and creating a water-tight roofing membrane, the northern section of Hotel will be structurally sound. Please contract me if we may be of further assistance in this matter. Sincerely, John P. Stopen Engineering Partnership James F. Kaplan, P.E. S/S Councilman Boor-John on Number 4 here it says "Subsequent to remediating "2" above, the southern section of Hotel, visually appears to be structurally sound." Are you saying that when they look at number 2 they are going to make a further investigation or not really going look at it, and it just appears to be sound? Attorney Lapper-It is hard to say exactly what he means there, certainly until the roof is replaced or repaired it is not structurally sound, he seems to say that after taking a look at the whole thing I think it would be ok. Councilman Boor-So it will be corrected if it isn't. In other words if, ok. Councilman Brewer-Do you have contracts for the dozer people? Attorney Lapper- These same people, yes. It is one contract. Mr. Orlando-They do it all. Attorney Lapper- They do the asbestos first and then. Councilman Boor-Is there, the other question is, in the part that is going to remain is there asbestos in that and if there is what is it flooring, is it roof material is, it insu1ation? Mr. Orlando-I would have to check their report. Attorney Lapper-I do not know the answer. Councilman Boor-I would be interested in that some of it is obviously you do not friable stuff and if it is flooring I do not think it is a real big issue, but if it was stuff that was sprayed on underneath the roofing and it has been leaking and stuff that would be of greater concern of mine. Especially if you are going to have people walking in there once a day checking it out and stuff. Mr. Orlando-We will check that. Supervisor Brower-Any further comment from Board Members? Councilman Brewer-I have none. What do we have to do legally as far as Supervisor Brower-So they are going to, my understanding is that they are going to board up the holes somehow using some material we are not sure which method. Attorney Lapper-From the picture much of it is brick and that will remain, so it is just going to be that door way area that will have to be covered. Councilman Boor-One other question, on the motel I noticed getting off Exit 19 the other day I was looking over there and there is some plywood where the sliders are, are those broken windows or is there do you know what I am talking about? Some of the back portions of the motel you got plywood covering up. Mr. Orlando-If there is plywood there that means that those windows were broken that is correct. Councilman Boor-Is there any chance of replacing that maybe with some of the glass from the front in other words. Mr. Orlando-So you do not have to look at the plywood. Councilman Boor-Plywood is an indication of, yea, Mr. Orlando-Do you recall how many windows you are talking about? Councilman Boor-There is only probably about four or five, if, it is somewhat noticeable. Mr. Orlando-I will look into it. Councilman Boor-Cosmetically I think it would make a big difference. Supervisor Brower-Gentlemen, thank you for your report do I have consensus of the Board that they basically lived up to what they said that they would do? Councilman Boor-No, they have not lived up to anything yet. Supervisor Brower-..they have got to continue with the demolition as stated. I know that I have been on the phone several times within the last week and a half with both well usually Mr. Lapper because it has been tough to get Bob. Certainly I had my concerns as to what was happening there but you have addressed those. Councilman Brewer-After the 15th you will come back and just fill us in on what happened and what is done? Attorney Lapper-We would be happy to. Supervisor Brower-Thank you very much. 2.0 CORRESPONDENCE NONE 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 OPEN FORUM Mr. Pliney Tucker-Division Rd. , Queensbury Res. 5.2 Rozell Industries, did they bid the job? Supervisor Brower-Yes Mr. Tucker-Res. 5.15 & 16 requested that the Board discuss those before voting on them. Supervisor Brower-Yes. Mr. Tucker-Re: Exit 18 widening of Main Street, where is that at? Supervisor Brower-The engineering is continuing on Exit 18 for water line replacement, sewer line installation, noted the engineers of Barton & Loguidice are doing cost estimates for underground utilities. Clough Harbour is the County's Engineer we have hired Barton & Loguidice as an engineer to help with Queensbury's concerns regarding the project and they are working in tandem. Director Round-Noted the project is moving forward, noted the Water Supt., Deputy Wastewater Supt,. and myself will be meeting with representatives of the US Commerce Dept. seeking additional funding for that project and possibly for Route 9. The underground utility report will be on my desk tomorrow with a firm cost for the utilities. Noted Cumberland Farms did obtain area variances to do a project on Main Street, they will be in front of the Planning Board next month. Mr. Tucker-Questioned when construction would start? Director Round-Schedu1ed for 2003. Mr. Tucker-Re: Hatch Act are there any answers? Supervisor Brower-I delegated that to Deputy Supervisor Turner. Councilman Turner-I have not got it yet. Mr. Tucker-Re: Recreation Land at the Water Plant anything on that? Councilman Brewer-Our Attorney has sent a letter to Mr. O'Connor. Town Counsel Hafner-We have not gotten a response yet. Director Round-Noted he had received a copy of the final document that will allow the re-licensing of all those dams including Spire Falls, Feeder Dam and Sherman Island Hydro project. They have indicated that the delay has been that the licensing incorporates disposal of some lands it incorporates the construction of the park at the Feeder Canal site and that is why the Feeder Canal Park has been delayed. Once the licensing is finalized it is the last document that needs to be produced that you should be seeing something in the next several months. Mr. Tucker-Re: Bob McNally Questioned if he could serve on the Library Board and Town Justice? I believe there is an appearance of a conflict there. Supervisor Brower-I do not know that there is any legal problem with Bob serving on the Library Board as well as Town Justice. Town Counsel Hafner-I do not know of any conflict, noted that Judge Krogmann sits on it, we do have an Ethics Board for people to raise issues like that... Mr. Tucker-I was hoping to avoid that. Councilman Boor-Questioned if Mr. Tucker had an example of what conflict could occur? Mr. Tucker-Spoke about the cost of the library, Mr. McNally served on the library board and as an Attorney and represented himself as an attorney in front of this board and I think there is going to be some questions asked, I have some questions, if I should happen to get into trouble I may have to go in front of this guy and I had one case with him serving on the Planning Board and I was quite disappointed on how he voted and how it turned out...the Zoning Board over the garage the guy built. RE: Queensbury Forest is their a final cost? Councilman Brewer-l 88 I think, it was under budget. Mr. Tucker-Re: Fleet Management Where is that at? Supervisor Brower-That is being worked on Rick Missita and Ralph VanDusen have been working on it, they should be ready in a few weeks to approach the Town Board with their recommendations. Mr. Tucker-RE:Roadside cleaning - Would like money spent to clean the road side... Supervisor Brower-Noted that Mr. Coughlin and I are trying to look at some options that will not cost the town any money or a little money through utilizing ITP A and other resources. Mr. Tucker-Re: Division Road requested a one way street.. Councilman Brewer-I think they do not know where the parking lot is going to be at that park when we acquired the land, they do not know if the parking lot will be towards Division or towards the other side, noted he will ask the Highway Dept. tomorrow. Supervisor Brower-Asked for further input hearing none the open forum was closed. 5.0 RESOLUTIONS RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUND #132 - SALT STORAGE BUILDINGS CONSTRUCTION PROJECT RESOLUTION NO.: Ill, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish a Capital Project Fund to fund the design and construction of two salt storage buildings on two separate Town-owned sites, and WHEREAS, the total Project cost is estimated to be $105,000 and therefore the Town Board wishes to appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the "Salt Storage Buildings Construction Capital Project Fund # 13 2," which Fund will establish funding for expenses associated with the design and construction of two salt storage buildings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a transfer of fund balance in the amount of $105,000 from Fund #115 Storage Building Capital Project to Fund #132 Salt Storage Buildings Construction Capital Project Account, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and appropriated fund balance for Capital Project Fund #132 in the amount of $105,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Comptroller's Office to make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution. Duly adopted this 25th day of February, 2002 by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None Discussion held: Councilman Turner requested that the motion reflect the price of 105,000..agreed to by Councilman Brewer and Councilman Stec... RESOLUTION AUTHORIZING ENGAGEMENT OF ROZELL INDUSTRIES, INC. TO DESIGN AND BUILD SALT STORAGE BUILDINGS RESOLUTION NO. 112, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Facilities Manager and Purchasing Agent requested proposals for design and construction services to construct two salt storage buildings to be located on two separate Highway Department properties, and WHEREAS, the Facilities Manager and Purchasing Agent reviewed all responses received and have recommended that the Town Board engage the services of Rozell Industries, Inc., the lowest responsible bidder, for an amount not to exceed $101,589, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Rozell Industries, Inc., for design and construction services to construct two salt storage buildings to be located on two separate Highway Department properties for an amount not to exceed $101,589 to be paid for from Capital Project Fund #132 - Salt Storage Buildings Construction Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Facilities Manager, Purchasing Agent and/or Town Supervisor to execute any documents and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION APPROVING YEAR 2001 SERVICE AWARD PROGRAM RECORDS FOR BAY RIDGE VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 113,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously authorized engagement ofPENFLEX, Inc., to provide the 2001 Standard Year End Administration Services for the Town's Volunteer Fire Companies Service A ward Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve each Fire Company's Year 2001 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from the Bay Ridge Volunteer Fire Company, Inc. and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2001 Volunteer Fire Company Service Award Program Records for the Bay Ridge Volunteer Fire Company, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF PENALTY IN CONNECTION WITH WATER BILL FOR MRS. MAURICE PADDOCK, SR. RESOLUTION NO.: 114,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Water Superintendent has advised the Town Board that Mrs. Maurice Paddock Sr. of 32 Leo Street incurred a large water bill in February as a result of a water leak in Mrs. Paddock's piping, and WHEREAS, Mrs. Paddock wishes to pay her water bill but is unable to pay the entire bill in one installment, and WHEREAS, the Town Water Superintendent has recommended that the Town Board waive the penalty for Mrs. Paddock due to the sizeable bill, and WHEREAS, the Town Board finds that it would be equitable to do so, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the waiver of any penalty associated with Mrs. Maurice Paddock, Sr. 's February water bill, account no.: 940010, with the condition that Mrs. Paddock pay the entire water bill by October 1st, 2002, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Tax Receiver to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None Discussion held: Water/WasteWater Supt. Ralph VanDusen spoke to the Board indicating that Mrs. Paddock had a water line break she will pay for the water but was requesting relief from the penalties... RESOLUTION AUTHORIZING PROMOTION OF ROD WARRINGTON FROM W ASTEW ATER LABORER TO WASTEWATER MAINTENANCE WORKER II IN TOWN WASTEWATER DEPARTMENT RESOLUTION NO. 115, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town's Deputy Wastewater Director has recommended that the Town Board authorize the provisional promotion of Rod Warrington from Wastewater Laborer to Wastewater Maintenance Worker II in the Town's Wastewater Department, and WHEREAS, the Town Board agrees with this recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Rod Warrington from Wastewater Laborer to Wastewater Maintenance Worker II in the Town's Wastewater Department effective February 26th, 2002 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2002, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater Deputy Director and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2002 TANDEM WITH CAB AND CHASSIS FOR USE BY HIGHWAY DEPARTMENT RESOLUTION NO.: 116,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2002 Tandem with cab and chassis for use by the Town Highway Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC58183, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent's purchase of one (1) 2002 Tandem with cab and chassis from International Truck and Engine Corp. in accordance with New York State Contract #PC58183 for an amount not to exceed $69,441 to be paid for from Highway Department Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Purchasing Agent and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK COMMUNITY COLLEGE TO ROAD RUN AND WALK RESOLUTION NO. 117,2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Adirondack Community College has requested authorization from the Queensbury Town Board to conduct a road run and walk as follows: SPONSOR Adirondack Community College EVENT: Road Run and Walk DATE Saturday, March 30th, 2002 TIME 10:00 a.m. PLACE: Beginning and ending at ACC Road at Haviland Road (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Adirondack Community College to conduct a road run and walk within the Town of Queensbury on Saturday, March 30th, 2002, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 118,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 2002 Town Budget as follows: BUILDING AND GROUNDS: FROM: TO: $ AMOUNT: 01-1620-2050 Equipment) 01-1620-4510 (Radio Repairs) $ 250. (Radio Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF GOVERN SOFTWARE, INC. FOR PROVISION OF SOFTWARE SUPPORT & MAINTENANCE FOR YEAR 2002 RESOLUTION NO.: 119,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 259.99, the Queensbury Town Board authorized the purchase of an integrated Land Management Software Package from Govern Software, Inc. (Govern), and WHEREAS, by Resolution No.: 143,2001, the Queensbury Town Board authorized engagement of Govern Software, Inc. for the provision of software support and maintenance to the Town during the year 2001, and WHEREAS, the Director of Information Technology has requested Town Board authorization to again engage the services of Govern for the provision of software support and maintenance to the Town during the year 2002 for an amount not to exceed $7,771, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Govern Software, Inc. for the provision of software support and maintenance to the Town during the year 2002 for an amount not to exceed $7,771 to be paid for from the appropriate General and/or Water Fund Accounts as determined by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Information Technology, Town Supervisor and/or Town Comptroller 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 25th day of February, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION TO AMEND AND RESTATE DEFERRED COMPENSATION PLAN FOR TOWN OF QUEENSBURYEMPLOYEES RESOLUTION NO.: 120,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the New York State Deferred Compensation Board (Board), in accordance with New York State Finance Law Section 5 (Section 5) and the New York State Deferred Compensation Board Regulations (Regulations) has promulgated the Model Deferred Compensation Plan for Town of Queensbury Employees (Model Plan) and offers the Model Plan for adoption by local employers, and WHEREAS, the Town of Queensbury, in accordance with Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for its employees, and WHEREAS, effective January I, 2002, the Board amended the Model Plan to adopt provisions of the Economic Growth and Tax Relief Reconciliation Act of 200 I (EGTRRA) as they apply to the Model Plan and to adopt modifications that update certain administrative provisions to accommodate prospective state-of-the-art methods and procedures, and WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations, and WHEREAS, upon due deliberation, the Town of Queensbury has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Town of Queensbury Employees by adopting the amended and restated Model Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Deferred Compensation Plan for its Employees effective February 26, 2002 by adopting the amended and restated Model Plan in the form attached to this Resolution as Exhibit A, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to prepare and sign any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None Discussion held before vote: Comptroller Henry Hess-Noted the Compensation plan has been around since 1995, it is a supplemental retirement system on a taxed deferred basis...change to meet New York State Code...participants can now use the money to buy back from the NY State retirement system, it increases the contribution from 8500 to 11,000 and allows for a catch up provisions for people over 55, noted there are a dozen changes... RESOLUTION TO APPROVE ADMINISTRATIVE CHANGES TO DEFERRED COMPENSATION PLAN FOR TOWN EMPLOYEES RESOLUTION NO.: 121,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury has previously adopted and currently administers a Deferred Compensation Plan for its employees, and WHEREAS, the Town's Deferred Compensation Committee has recommended that the Town Board approve certain administrative changes to the Plan as delineated in the document entitled "Administrative Regulations" with an effective date of February 26,2002 and presented at this meeting, and WHEREAS, upon deliberation, the Town Board has concluded that it is prudent and appropriate to make these administrative changes to the Town's Deferred Compensation Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town of Queensbury's proposed administrative changes to the Town of Queensbury's Deferred Compensation Plan as described above, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Comptroller and/or Town Counsel to prepare any documentation and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None Discussion held before vote: Comptroller Henry Hess-In addition to the State provisions we have local provisions that were recommended by the Committee that is composed of employees who are participants in the plan...it now provides that employees will have an additional enrollment period every July to make changes to their, increase or deductions to their contribution, in the past there was just one opportunity. RESOLUTION AUTHORIZING APPOINTMENT OF STEVEN SMITH AS ACTING FIRE MARSHAL RESOLUTION NO.: 122,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Fire Marshal has submitted his resignation effective February 22nd, 2002, and WHEREAS, it will be necessary to appoint an acting Fire Marshal until such time as the Fire Marshal position may be filled on a permanent basis, and WHEREAS, the Executive Director of Community Development has recommended that the Town Board authorize the appointment of current Deputy Fire Marshal, Steven Smith, as Acting Fire Marshal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the temporary appointment of Steven Smith as Acting Fire Marshal effective February 25th, 2002 until such time as the Fire Marshal position may be filled on a permanent basis, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Comptroller and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None Discussion held before vote: Supervisor Brower-It is sad to announce that Chris Jones our Fire Marshal has resigned effective February 22nd. and this would enable our Deputy Fire Marshal to act as Fire Marshal until we decide on a permanent replacement. RESOLUTION ACCEPTING BID FOR SALE OF USED DUMP TRUCK RESOLUTION NO.: 123,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Purchasing Agent du1y advertised for the sale of a 1990 Chevrolet one-ton dump truck formerly used by the Town's Building and Grounds Department, and WHEREAS, David Smith submitted the highest bid for the purchase of the truck, and WHEREAS, the Purchasing Agent has recommended that the Town Board accept the bid of David Smith, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the bid for the sale of a 1990 Chevrolet one-ton dump truck formerly used by the Town's Building and Grounds Department to David Smith for the amount of $4,200, with funds received for the sale of the truck to be deposited into the proper Town Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Purchasing Agent, Facilities Manager and/or Town Comptroller to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None Discussion held-Supervisor Brower-Noted four bids were received...Councilman Brewer-Is this the truck that was welded several times? Building and Ground Supt. Chuck Rice-yes. Councilman Brewer-We are selling it as is? Councilman Turner-As is. RESOLUTION AUTHORIZING CWSRF APPLICATION AND AGREEMENT FOR PROJECT FINANCING NEW YORK CLEAN WATER STATE REVOLVING FUND Resolution authorizing the execution and filing of an application and execution and delivery of a agreement setting forth the terms of the Project financing and other documents necessary for CWSRF assistance. RESOLUTION NO. 124, 2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury, herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as: the South Queensbury/Queensbury Avenue Sewer District improvements and identified as CWSRF Project Number(s) C5-5550-02-00 herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and WHEREAS, the State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and WHEREAS, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS I. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application. 2. The following person is directed and authorized as the official representative of the Applicant to execute and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required: Dennis Brower Town Supervisor (print name) (print title) 3. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short -term or long-term financing or both. 4. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997. 5. This Resolution shall take effect immediately. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None CERTIFICATE OF RECORDING OFFICER The attached Resolution is a true and correct copy of Resolution No. _ authorizing the execution and filing of an application and the execution and delivery of a Project financing agreement and other documents necessary for CWSRF assistance, as regularly adopted at a legally convened meeting of the Town Board of the Town of Queensbury duly held on the 25th day of February, 2002; and further that such Resolution has been fully recorded in the in my office. In witness whereof! have hereunto set my hand this _ day of February, 2002. (SEAL) Darleen Dougher, Town Clerk Discussion held: Wastewater Supt. Mike Shaw-These resolutions before you are for the Route 9 Project and the South Queensbury Project. Town Counsel Harfner-Reviewed the bonding process, noting that Comptroller Hess was in charge of applying to the EFC for the good financing, we need to move forward with the resolutions to get the application in. RESOLUTION AUTHORIZING ISSUANCE OF UP TO $903,195 IN SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY COST OF ACQUISITION, CONSTRUCTION, AND INSTALLATION OF INFRASTRUCTURE FOR SOUTH QUEENSBURY/QUEENSBURY AVENUE SEWER DISTRICT AND AUTHORIZING ISSUANCE OF UP TO $903,195 IN BOND ANTICIPATION NOTES OF TOWN OF QUEENSBURY FOR SAME PURPOSE RESOLUTION NO.: 125,2002 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury (the "Town") has decided to establish the Town of Queensbury South Queensbury-Queensbury Avenue Sewer District (the "QASD") in accordance with New York Town Law; and WHEREAS, Jarrett-Martin, LLP ("Jarrett-Martin") has developed plans (the "Map, Plan and Report") for a system to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant by constructing a gravity sewer line along Queensbury Avenue connected to a pump station which will lift wastewater through a force main to a gravity sewer manhole in Dix Avenue, together with related improvements (the "Project"); WHEREAS, the Town has entered into an Intermunicipal Agreement (the "Intermunicipal Agreement") by and among the Town of Queensbury, on behalf of itself and on behalf of the QASD; the Town of Kingsbury, on behalf of itself and on behalf of Kingsbury Sewer District Number One; Warren County, on behalf of itself and on behalf of the Warren County (Industrial Park) Sewer District; and Washington County, on behalf of itself and on behalf of the Washington County Sewer District #1 (collectively, the "Parties"), which sets forth the terms and conditions for implementation of the Map, Plan and Report to provide certain wastewater disposal services to the Parties; WHEREAS, as provided by General Municipal Law ~ 119-0, the Intermunicipal Agreement provides that the Town will contract indebtedness to finance a portion of the capital costs of the Project, which capital costs will be for wastewater collection and transmission infrastructure located within the QASD and necessary for the QASD; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section I. The specific object or purpose for which the obligations authorized by this Resolution are to be issued is the acquisition, construction, and installation of infrastructure for the South Queensbury- Queensbury Avenue Sewer District ("QASD") to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant, including but not limited to a pumping station, approximately 1000 feet of gravity sewer to convey sewage to the pumping station, and a force main from the pumping station to an existing City of Glens Falls municipal sewer manhole, all as more fully described in the Map, Plan and Report prepared for the QASD by Jarrett-Martin, 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 Million Six Hundred Seventy-six Thousand Thirty-five Dollars ($1,676,035). Section 2. Pursuant to an Intermunicipal Agreement (the "Intermunicipal Agreement") by and among the Town of Queensbury, on behalf of itself and on behalf of the QASD; the Town of Kingsbury, on behalf of itself and on behalf of Kingsbury Sewer District Number One; Warren County, on behalf of itself and on behalf of the Warren County (Industrial Park) Sewer District; and Washington County, on behalf of itself and on behalf of the Washington County Sewer District #1, the plan for the financing of such maximum estimated cost is by: (1) a portion of a $600,000 U.S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $72,000. (The remaining $528,000 of the grant will be used for improvements to the Washington County Sewer District #1); (2) NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $300,000; (3) $325,000 purchase of future capacity in the QASD; (4) $76,500 total reimbursement and donation of right-of way from NIMO; and (5) issuance of Bonds and/or Bond Anticipation Notes in the amount of $903,195 by the Town of Queensbury on behalf of the QASD 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 February 25,2002, the date of adoption of this Bond 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 Agricu1ture 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 funds is required. Section 3. The Town Board has determined that it is in the public interest to acquire and construct the Project. 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 4 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 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 assessed upon benefited real property 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 $903,195, 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 $903,195 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 ofthe Town to any 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. The bonds and/or notes shall not be issued unless and until permission is obtained from the State Comptroller for formation of the QASD pursuant to Town Law Section 209-f and the final Order of the Town Board establishing the QASD is duly adopted. Section 16. 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 17. The Town of Queensbury is a town partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable 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 18. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 19. 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 20. 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 21. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: ROLL CALL AYES : None ABSENT Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NAYS Mr. Turner 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. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING ADVANCE OF MONIES FROM TOWN OF QUEENSBURY GENERAL FUND NO. 01 TO SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT FUND NO. 35 RESOLUTION NO.: 126,2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury (the "Town") has decided to establish the Town of Queensbury South Queensbury-Queensbury Avenue Sewer District (the "QASD") in accordance with New York Town Law; and WHEREAS, the Town has adopted a Bond Resolution authorizing issuance of Bonds and/or Bond Anticipation Notes of the Town in an amount not to exceed $903,195 (the "Bonds") to finance the cost of the acquisition, construction, and installation of infrastructure for the QASD to connect an existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant (the "Project"); WHEREAS, the Town Wastewater Superintendent has advised the Town Board of his need for a temporary advance of monies to the South Queensbury - Queensbury Avenue Sewer District Fund No. 35 for the purpose of commencing the Project, with the advance to be repaid with proceeds of the Bonds; and WHEREAS, the Town Board is agreeable to a temporary advance of monies from the General Fund No. 01 to the South Queensbury - Queensbury Avenue Sewer District Fund No. 35 for the aforesaid purpose; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The Town Comptroller is hereby authorized to temporarily advance up to the sum of Nine-Hundred Three Thousand One-Hundred Ninety-Five Dollars ($903,195) from the General Fund No. 01 to the South Queensbury - Queensbury Avenue Sewer District Fund No. 35 of the Town pursuant to the provisions of Section 9-a of the General Municipal Law of the State of New York. Section 2. This temporary advance will be repaid by the South Queensbury - Queensbury Avenue Sewer District Fund No. 35 to the General Fund No. 01 from proceeds of the Bonds immediately following receipt thereof, but in any event not later than December 31, 2002. Section 3. In that monies in the South Queensbury - Queensbury Avenue Sewer District Fund No. 35 and the General Fund No. 01 are raised from taxes on different bases of properties, the repayment for the temporary advance shall include an amount of interest reasonably estimated to have been earned on the investment of monies in the General Fund No. 01 had such advance not been made. Section 4. In Town Supervisor and/or Town Comptroller are authorized and directed to take all actions necessary to effectuate this Resolution. Section 5. This Resolution shall take effect immediately. Duly adopted this 25th day of February, 2002, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None 6.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 7.0 TOWN BOARD DISCUSSIONS 7.1 Queensbury Little League - John Cozzens Mr. John Cozzens-President of Queensbury Little League Spoke to the Town Board regarding a letter written by Linda Benware concerning the registration of her five year old son. Noted he contacted the district administrator of Little League to find out what paper work was required to allow her son to play in Luzerne where they had request, he submitted me the paper work, I processed my part and submitted it to the Benware's and as far as I know they are on their way. Gave a slide presentation to the Town Board of the Queensbury Youth Baseball and Softball League. Mu1ti affiliated league-Part of Little League Baseball Inc. for our baseball program for twelve year olds, we are charted with Babe Ruth Baseball Inc. for thirteen years old and up baseball and we are also chartered with the amateur softball association for our entire softball program. Noted the entire program is on the Queensbury School property... Cut Off dates: Little League and Babe Ruth use age 5 by August 1st as the cut off the ASA League uss January 1st. For Tee Ball League guide lines allows for five year olds to play if they are born before July 31 st. of the year they are playing in, this is not a mandatory date this is an option age that was put in by the League. Regarding Queensbury Tee Ball we have used the six year old date by Little League rilles prior to last year, last year we became affiliated with ASA for our softball program and at that point we looked at our starting age and came up with a plan that would allow boys and girls to start at the same age, baseball and softball they are both Tee Ball but as they roll into the other programs we wanted them to have some continuity. Last year we adopted a January 1st date five prior to January 1st. which is the ASA date. Noted that allows more children to play. Noted he called Regional Headquarters regarding age and it is optional for five year olds...we are going to affiliate our Tee Ball with the ASA and we will keep things just the way it is. Re: funding we have had two years of contracts with the Town 2002 will be our third ..Thanked the Recreation Dept. with help in signing up the children... Noted received fifteen thousand is not really the benefit to the league when we initiated the contract we reduced our registration fees by ten dollars across the board. Over the past three years we have averaged over eight hundred registrants in the league so that equated to eight thousand dollars give back to the town to the people that are signing up to play. So, the benefit to our league is the seven thousand dollars. We are very happy with this arrangement it has been very beneficial to us noted the improvements that have taken place. Regarding registration fees for 2002 basically they as seem as they were for 2001 ... The point of contention was Tee Ball the fee increased fifty percent from last year, it was ten dollars last year and we are looking to get fifteen dollars this year. This increase is the reason why we have not signed and returned the agreement to the Town yet. Tee Bal historically been a second class citizen as far as the baseball program goes, they do not have a home, we sign them up, give the hats and shirts and give them a coach we give them a schedule and we send them on their way, basically they play around the school wherever they can find a patch of grass. They have practices and games but they do not have a home. That is why there was a discrepancy between the other divisions and Tee Ball because we did not provide them with a facility. Last fall the Board of Director had an undertaking to create a Tee Ball field, this is a brand new field up at our facility we started it in September we will finish the field in the spring and be playing on it this year. The reason for the increase we are trying to off set some of the overhead for having a new field, mowing, watering, fertilizing. Based on the enroll of last year one hundred and twenty in the program a five dollar increase is going to be about six hundred will cover only a third of what I expect the increaseis going to be to take care of the field. Supervisor Brower-Questioned if one field was adequate? Mr. Cozzens-Last year we had twelve Tee Ball games, noted with this field everybody should have two games per week. Presented letter to Town Board: Read by Town Clerk 2/25/2002 Town Board Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: 2002 Agreement, File NO.: 1201 Dear Supervisor Brower and Town Council, The Queensbury Youth Baseball & Softball board of directors is requesting an amendment to section I of the subject agreement. We would like an increase from the 2001 rate of $10.00 to $15.00 for the 2002 season. The purpose of the increase to help offset the added overhead the league will incur due to the addition of our new Tee Ball field. Construction of this new field began last fall. It will be ready for play at the start of the 2002 season. We believe the minimal $5.00 increase is more than justified by the addition of this new field. In the past our Tee Ball program did not have a home. They played and practiced wherever they could find an open spot on the Queensbury School grounds. This is also the reason that the registration fee for Tee Ball has been 67% lower than our other equivalent programs. Even with the requested increase the Tee Ball fee will be 50% lower than our other equivalent programs. We thank you for your consideration in this matter. Sincerely, /s/ John B. Cozzens, Jr., President Supervisor Brower-Mr. Cozzens I appreciate you coming to the Town Board making this presentation I think it is helpful in giving us a better understanding of what your needs are. Councilman Brewer-I would also like to thank John and the rest of the people that are involved with Little League I think they do a great job up there I appreciate them coming in and I support them 100%. I would like to ask for an amendment next week that we can discuss and possibly vote on. Supervisor Brower-Questioned if this was their first transfer? Mr. Cozzens-Actually the term waiver threw me off because it was not actually a waiver, we have to charter a Tee Ball team for that age so that anybody that is five and wants to go to Luzerne and Play can go, it is kind of an extended league. 7.2 Sewer Negotiation Status Update - Ralph VanDusen Supervisor Brower-Called on Ralph VanDusen and Mike Shaw for a Sewer Negotiation update. Water Supt. VanDusen-I can tell you that I am extremely happy to be here tonight and tell you that after a lot of hours of work, the committee is very, very close to having a document that will be prepared to recommend to the Board that you would approve. We have met it seems like almost every day for a long time. We are meeting tomorrow morning with the City's negotiating Committee and it's certainly our goal and our expectation that we iron out the final details and have an agreement that will enable the Town to grow in its sewer districts that as a customer comes in our potential extension of the sewer district that we will be able to control that. We will not have to go to the City and ask permission, we will be able to buy that capacity for a known price and at that same time the agreement will protect all of our sewer customers in the future as far as what the costs will be what the capacity will be and the plan for the next forty years. I think it is a good deal for the Town I think it is good dealfor the City and certainly the entire region gains by that. I would ask Mike for any comments. Deputy Wastewater Supt. Mike Shaw-Certainly Ralph has covered a lot of what we have done over the last several months it has been a lot of hard work on a lot of people's parts certainly and the agreement will enable us to move on. We have several projects we are trying to move forward waiting to find out about capacity issues. They will move ahead on Route 9 and Main Street and certainly South Queensbury will move on. There are other areas in the future we are going to be looking at also and it certainly enables us to move forward with those projects. It has been a long process and I think it has helped us and enable us to have a better understanding of the City how they work and maybe a better understanding of us of how we work. That will bridge some of the gaps we have had in the past. I am looking forward to having this completed and moving onto something else. Supervisor Brower-Noted that we have a joint session planned tomorrow with Glens Falls to iron out some of the language and on many principal areas and we have had tremendous progress particularly in the last week and a half. Comptroller Henry Hess- I just want to comment that everybody will remember that back in December the Town signed a MOU with the City that really set a frame work for the terms that was an agreement to agree if you will. I think everybody, even though there is not a document for the public to see and actually I do not think the Board has a documents tonight we hope to have one tomorrow. I think everyone needs to know that the MOU is being complied with. There are no substantial or no meaningful deviations from the MOU that was some of the difficulty in accomplishing some of the things the City wanted and that the Town needed and stay within the frame work of the MOU. I think the Committee has done that very well so when the Board does finally get an agreement, the public gets one to see it will be in compliance with what we did back in December. Supervisor Brower-Just so the public knows the Sewer Negotiating team that the Town of Queensbury has put together Bob Hafner our Attorney, Chris Round our Director of Community Development, Henry Hess our Comptroller, Ralph VanDusen Director of Water and Wastewater and Mike Shaw Deputy Director of Wastewater. I commend all you gentlemen for your diligent efforts and long hours and frankly a very quick response to information we received from the City. It has been a very complicated process with a very complicated subject, I learned a lot more about sewer than I think I ever wanted to know. Water/Wastewater Supt. Ralph VanDusen-I have one comment, with all due respect to earlier boards that negotiated contracts years ago to the best of my knowledge this is the first time that the Board has had a committee of people with varied backgrounds, varied interests and concerns be involved as part of the negotiating committee. I think that has been a huge asset. Supervisor Brower-Thanked the Board for having the faith in us to negotiate this and they really have let us do the work and trusted the outcome. 8.0 Attorney Matters Executive Session matters only. TOWN BOARD DISCUSSIONS Councilman Stec-Re: Speed wagon status. Supervisor Brower-The Sheriff has been contacted three times I still do not have a specific date when that is going to occur, however I spoke to Bill Remington and Bill sent me a note saying if we were interested in having a speed limit evaluation to be done by NY State DOT he would be willing to join us with it. Councilman Stec-I would like to do that. .. Re: Hazardous Waste Day - would like to have another one this spring or summer Re: Joint Assessor agreement with Glens Falls Supervisor Brower-Noted he had spoken to the Mayor about it and I have had discussions with Henry. Comptroller Hess-Noted he had contacted the Mayor's Office today and prompted them for a reply but I think the Mayor intended to speak to Counsel about it last Thursday but the sewer negotiations sort of overwhelmed all the other discussions and I do not think that he did that. So, he did not have a reply for me, but it is near the top of his list to get done for us but it has not been done. Supervisor Brower-When I mentioned it to him earlier this week, he noted that he forgot about it ... Councilman Stec-Not to tie all these issue together because they are separate and stand on their own merit for the life of me there is a pattern and track record here and when you work as hard as we did we are into the fourteenth month since we had the conceptual agreement on sewer to get here it is not like the first time the City has ever sold the town sewer but apparently these things are in some people's view very complicated. Again, I want to remind the Board and the public that July 9th and October 13 of last year the Board and many others sat in a room and we were given promises, water, water, water, now we did not tie up the sewer for the water I think we could of, I think we could have easily justified that. After making the promises of we are going to have a water deal we are going to work on a water deal, the Common Council decided we are not going to talk water until sewer is finished, I thought that was kind of one sided of them to do but allowed them to do that. We have got this other issue tough the joint assessor and you look at the statistics that Helen provided us with assessments and populations and any way you slice it they are not paying their fair share. That is all we ever wanted out of any of these deals, the water deal, the sewer deal the joint assessor, anything we have ever tried to do in the interest of inter municipal cooperation we have done all we want is a fair deal. We do not want to make out we want something that is reasonably fair. I think we could make a stink and say we are going to hold off on the sewer deal until we have a joint assessor deal I do not think we necessarily need to do that but I think we need to make sure the Common Council realized we know what is fair. That is how I feel, I applaud the committee they negotiated the finer points of the contract for us they did a great job it was a very long process, I think far too long than it needed to be but certainly not from our end. I want to re-emphasis I think Dennis complimented you all but we have been for and a half months since the MOU and I bet you it has been less than three weeks that the ball has been sitting in our court. That is really remarkable for everyone involved so hats off. Councilman Boor-I would like to follow up with what Dan said, I am hoping that if these sewer negotiations go as well as I am hearing tonight that maybe we can move forward with some water talk if the climate is right. The other thing we should talk about and we have discussed it briefly is the new zoning ordinance lets not forget about that. I am not sure how we want to approach it there has certainly been a lot of commentary written and oral suggestions on changes and adamant people on how it is already written but I think we need to get on that. That is a very important document and I do not know if we have actually, I cannot remember if we did set up a meeting for that. Supervisor Brower-I think Chris is waiting for AP A to respond. Director Round-I spoke to the Park Agency they were going to get me a letter this afternoon I have not received it, an e-mail with several changes as indicated at our last meeting there were several language changes none of them substantive from our view point but it is from their view point as far as review process etc. I should have that tomorrow and we will be putting the document back in front of you outlining two things; there are some simple changes that we are going to make as the result of public comment there are areas that needs the board decision some of them I got your direction at our previous meeting when it came to a couple of the rezonings but there are some other areas that are open to debate and I will provide you with a list of those and then have that discussion during a workshop. Supervisor Brower-Noted the Capital Improvement Plan will be discussed in workshop on 3/11 ... Noted there would be a Special Town Board Meeting this Thursday at 7:00 P.M. at the Activity Center, we have invited the Common Council of the City of Glens Falls to join us, we are anticipating that we will be able to iron out the language that we talked about earlier this evening, if we are successful we may be in a position of possibly taking action on this sewer contract. Discussion held regarding extension ofMOU agreement-Town Counsel Hafner-Our recommendation would be to be conservative and to extend that and have the City also. Councilman Brewer-Requested the scheduling of a brief workshop next week, would like to invite the Chiefs of the Fire Company and EMS Squads regarding the letter from Senator Schumer. There is a small window of opportunity for them to apply for grants for fire fighting equipment, it runs from March I through April 1st. Supervisor Brower-Noted at the Regular Meeting of March 4th, O'Brien and Gere will be here with Bill Lamy to discuss No. Qsby. Sewer Options, and projected costs. Called for Executive Session and have Harry Hansen, Ralph VanDusen, Henry Hess, Chris Round to be present. (Supervisor's Conference Room) RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 127,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss personnel matter and contract matter and Attorney Client privilege. Duly adopted this 25th day of February, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE AND REGULAR SESSION RESOLUTION NO. 128, 2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from its Executive and Regular Session. Duly adopted this 25th day of February, 2002 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury