2002-07-01
REGULAR TOWN BOARD MEETING
JULY 1, 2002
MTG. #31
RES. 277-2867:00 p.m
BOH 38-41
TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER
BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNILMAN TIM
BREWER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TURNER
Supervisor Brower-It is with great pleasure that I have the honor-to-honor Jeffrey Ogden. Jeffrey is a
student a young man who is very computer literate and Jeffrey worked with Marilyn VanDyke our Town
Historian very closely and scanned in literally hundreds if not thousands of photographs.
Historian Dr. Marilyn VanDyke- Two thousand fifty seven.
Supervisor Brower-Two thousand fifty-seven, well Marilyn I would like you to just let the audience here
know what Jeffrey was involved with.
Historian Dr. Marilyn VanDyke-Well, for about a decade we collected a number of photographs in the
Town and they got to be quite a large sum and we thought that we ought to take better care of them and
properly accession them put them in archival sleeves and enter them into a data base. It was Jeffs job to
do that for two thousand and fifty-seven photographs which he has been working on for the last six months
and just to let you know if you have a collection of your own it will take you three hundred and fifty-
seven hours to do that. So, he has really worked very hard and I have appreciated very much Jeffs
knowledge and his ability on the computer which has enabled us to do this and to protect the collection
that the Town has and also he has set up a system whereby we will be able to add to the collection
whenever newer or additional photographs are given or secured by the Town. So, it has really been a
pleasure.
Supervisor Brower-Noted the presence of the parents of Jeff Mr. & Mrs. Rich Ogden. Well Jeffrey I want
to thank you on behalf of the Town of Queensbury (presented a plague to Mr. Ogden) this is a small token
of our appreciation but we do appreciate all the help you have provided to us.
Mr. Jeffrey Ogden-Thanks.
Supervisor Brower-I also want to thank Marilyn VanDyke for finding Jeffrey as a great resource for the
Town, thank you Marilyn.
1.0 PUBLIC HEARINGS
1.1 Proposed Local Law to Amend Queensbury Town Code by adding a new Chapter 17 Entitled"
Termination and Withdrawal from Coordinated Assessment Agreement"
NOTICE SHOWN
Town Clerk Darleen Dougher-Notice of Public Hearing Notice is hereby given that in accordance with a
Resolution adopted by the Queensbury Town Board on June 17th, 2002, a Public Hearing will be held on
July 1st, 2002 at 7:00 P.M. at the Queensbury Activity Center, 742 Bay Road, Queensbury, at which
hearing the Town Board shall hear all interested parties as to whether a proposed Local Law to amend the
Queensbury Town Code by adding a new Chapter 17 Entitled "Termination and withdrawal from
coordinated assessment agreement" should be adopted. The purpose of the proposed Local Law is to
provide for the Town of Queensbury's withdrawal from and termination of the coordinated assessment
agreement between the Town and the City of Glens Falls dated December 30, 1998. The specific authority
for the proposed Local Law is the New York State Real Property Tax Law Section 579.
Supervisor Brower-Thank you Darleen. This public hearing was set to, for a couple of purposes; one main
purpose was to again put some light on the issue at hand. Quite frankly last October of 200 I I wrote the
City a letter indicating that the compensation that we were receiving for the work of our joint assessor was
inadequate and we asked that they simply share in the cost of the time that Helen was actually spending in
the City on assessment matters. Actually I invited the Mayor to come to Town Hall and Henry Hess and I
met with him we explained our feelings on the matter we showed him the numbers the figures relating to
Helen's compensation. Unfortunately Helen will not be here tonight because she has a health situation,
which it does not allow her to be here at the moment. But, in any case and it is not life threatening. In any
case, we had asked the City for, Helen spent eleven hours of time, spends eleven hours of time each week
to the best of our knowledge that is what she tells us she spends and I know she spends at least eleven
hours a week in the city if not more. But, I think we are pleased with the figure of eleven hours that
would make us happy. The portion of Helen's salary and benefits at the eleven-hour per week figure
would be twenty seven and a half percent of her time or twenty five thousand seven hundred sixty nine
dollars. Now, quite frankly, the City for the last three years that I am aware of has compensated the Town
fifteen thousand dollars that has been a flat figure. When Henry and I met with the Mayor he seemed to
indicate that he would approach the Common Council and I believe it was January if I am not mistaken
that the Mayor got back to me and indicated that he spoke to the Common Council they did not see any
need to change the amount that they were reimbursing the Town for Helen's services. So, they felt fifteen
thousand dollars was fair but the Mayor did indicate to me that he may not have done the best sales job in
the world and that he would continue to pursue it. We also have received since that time and many
months have gone by, we have recently received a letter from the City indicating that they felt the figure of
eighteen thousand five hundred would be fair calculation. This is as of June 18th 2002. I responded to
their letter on June 18th indicating to them that the Town was not trying to gain any advantage over the
City but we simply felt it was important to obtain our fair share of Helen's actual salary and benefits.
Now there are certainly advantages to a joint assessor agreement between two communities and both
communities recognize the definite advantages and compensation that we have received and may receive
in the future by having such a joint agreement. So, there is no doubt about it that it would be to the
advantage of both communities to work together. The Town recognizes it the Town Board Members
recognize it the City Counsel recognizes it as indicated in the letter that we received from the City. The
joint assessment agreement provides equal, equalization rates identical equalization rates for both
communities not only and that is a primary advantage for school district taxes, particularly those
communities that are on the borders of Queensbury and Glens Falls and I am pleased that Mike Swan is
here from the County. Thank you for coming tonight, Mike. Mike is the expert in the room on this entire
situation I certainly hope that he will come to the podium and possibly shed even further light on it for the
public's knowledge. Henry do you have any further information that you would like to..?
Comptroller Henry Hess-I would like to give a little background, I am sure Mike will explain the benefits
of the joint assessing unit, it is not simply to, so because the Town doesn't need a full time assessor and we
are going to share with Glens Falls, that was not the reason for it, there are other benefits I am sure Mike
will talk about that are continuing and on going. But, just to give a little history and a little bit of financial
perspective to where this has come about. The joint assessing unit was started in 1999 and it is now in its
fourth year. The Town received an initial State incentive of around eighty four thousand dollars and I
understand that the City was about half that based on the number of parcels. I do not have the City's exact
numbers but I understand it was about half that amount. Perhaps just as important to Glens Falls as the
incentive payment was the opportunity to receive the services of a trained and professional assessor
something that at that time the City lacked. During the first couple of years of the agreement the Assessor
spent a lot of time and effort streamlining the City's assessment procedures and records a task that was in
far in excess of the scope of the coordinating assessing agreement itself. Although the cost of the assessor
is often shared equally among cooperating municipalities in these types of arrangements the Town picked
up a disproportionment share the Town a larger share I should say of the agreement for the first several
years by agreeing that Glens Falls would contribute only fifteen thousand dollars as its share of the
assessor's salary. In fact that the fifteen thousand dollar annual fee did not compensate the Town but was
added to the Assessor's salary as an incentive to undertake the project. According to the City received
approximate halftime seventy thousand dollar assessor for fifteen thousand and the Town relinquished
half the time of its seventy thousand dollar assessor without compensation, without refunding the money
that the taxpayer spent for that service. During the first couple years the Assessor spent significant time in
Glens Falls estimated to be about fifty percent, that is not where it is today, but during the first two years it
was about fifty percent. During the same time the Town increased its staff in its assessor's office to make
up for the lost time while the Assessor was working in Glens Falls. A financial analysis that we prepared
in November 2000, sununarizing the cost benefits of this agreement with Queensbury revealed the
increased expenses and lost services of the Assessor cost the Town thirty-five thousand four hundred
dollars during the initial twenty four months of the agreement and that is after the reimbursement from the
City. The debate about extending the agreement is not about whether the Town or the City will benefit
from State incentives in the future, both will. The debate is about whether the Town taxpayers should
continue to use its State incentive payments to subsidize the Cities assessment office. The Assessor's
compensation package in 2002 totals ninety three thousand seven hundred and seven dollars. The
Assessor estimates that she presently spends eleven hours per week or twenty seven and a half percent of
her workweek performing services for Glens Falls. Twenty seven and a half percent of ninety three
thousand seven hundred dollars is approximately twenty five thousand seven hundred. The City proposes
to pay the Town eighteen five requiring town taxpayers to continue to subsidize the City Assessors office
over seven thousand dollars this year. If the agreement is terminated in 2002 there will be costs to the
Town and to the City. The Town will be required to reimburse the State sixty percent of the eighty four
thousand dollar initial incentive or about fifty four thousand four hundred dollars. The City I understand
like wise will have to reimburse the State sixty percent of its initial incentive or around twenty seven
thousand dollars.
Supervisor Brower-Thank you Henry. Ok. At this time I would like to open the public hearing officially
and ask if there is any comment from the public, Mike I do not know if you are, you want to make any
comment at this time? Or would you prefer to hold your comments until later? Please come up to the mic
and just introduce yourself for the record your name and address.
Mr. Mike Swan-My name is Mike Swan, I am the Director of Real property Tax Services for Warren
County and I live here in Queensbury on Mannis Road. Helen unfortunately was not able to be here she
did give me a note and she would like me to at least say two things. One which Mr. Hess already talked
about was the payback the sixty percent payback for getting out of the, she wanted to make sure that, that
was brought out. The other was that she felt that, that basing it on the hours really was not the proper way
to do it, she feels that the work load and I am just reading off from her note to me, the work load is ten
times higher in the Town of Queensbury because of all the building permits and the amount of additional
work than it is in the City of Glens Falls and she feels that, that is more of a proper way to adjust or look at
this rather than just the hours that are spent. Unfortunately I did not have a chance to talk to her about it
so I am just telling you what she said I cannot really expand upon it too much. I do not think that there is
anybody that opposes this coordinated assessing unit I think we have gotten to a point now where it is who
wants to pay how much of it, and that is too bad that it has gotten to that point that I understand as a
taxpayer in the Town of Queensbury why it has to be that way. There are substantial benefits as far as
payments from the State to stay in a coordinated assessing unit however, as I talked to the Mayor last
week I will be blunt and be honest about it you can get those if you are not part of the consolidated
assessing unit also. Payments for maintenance aid, payments for there is what is call triennial aid which
comes every three years if you do reassessment work there is annual reassessment programs that has five
dollars per parcel per year if you can come into those programs you can do that as an independent town or
in a consolidated unit. So, the financial I will be honest about it you could get it either way. I think the
biggest benefit is to the taxpayers themselves because when the County is apportioning the tax and the
County tax now is rather large it is getting bigger all the time. With two municipalities having the exact
same equalization rate they are almost treated as one block and it is very beneficial to them when the
apportionment of the County taxes is being done especially when you have some of the other
municipalities that have an extreme low equalization rate of two or four and right now Queensbury, I do
not have the exact figures is around 96.4 I think that is it. Queensbury and Glens Falls regardless of
whether they are in or out of this consolidated unit are going to have to do something within the next two
years or they are going to fall out of basically their local level of assessment compliance which is supposed
to be 100% because they are not going to be able to maintain it is at 96 now it is probably going to drop at
least another two points next year which will bring it below ninety-five which means they give you a five
percent tolerance one way or the other. That means that point in time both communities are going to lose
their maintenance aid which is a couple of dollars a parcel at this point. They are going to have to start
considering doing a revaluation project or an update however you want to phrase it to bring the
assessments back up because I believe it was in 95' it was either 94' or 95' when the City and the Town did
them at the same time just as a coincidence using the same contractor. When that happens that is going to
be costly if we can do it as a joint unit out of my office with the assistance we have been building the
expertise we have building it will be substantially less than if both municipalities have to hire a contractor.
To give you an example Hague in Horicon which is about six thousand parcels just paid a contractor a
hundred and eleven thousand dollars to do an evaluation. We have done a couple of smaller communities
for thirty five hundred out of my office. Obviously there is some substantial savings there and what we try
to do with the cost the we charge the Town is to off set my staff costs to keep that cost below what they
can get reimbursed from the State, so that they can it is basically a wash to the local municipality if they
can qualify for the aid program when we are done which we have been able to do so far with the two
towns that we have worked with. The other obvious thing is the people the live in the Glens Falls, in the
Town of Queensbury that are in the Glens Falls School District. With the same equalization rate in both
municipalities their benefit is very good because now people in the City and in the Town are both paying
the same tax rate. I remember for years my mother was one of those people that lives in the Town but in
the school the City School District and I would watch her rates go up, down, up, down big percentage
increases, big percentage decreases as the equalization rates change. Without that happening with the
same equalization rate you do not have that, everybody pays basically the same. If you have got a fifty
thousand dollar house in the City or a fifty thousand dollar house in the Town you are going to pay the
same amount of tax as long as you are in the same school district which is the big benefit which is, that is
one of the driving forces that we used to create this back when we got it started it was actually driven by
the business administrator for the City School District who started this at that time, he is no longer here. I
do not know, is there any questions?
Councilman Boor-Mike if I could ask, and unfortunately you are probably not going to be able to answer?
I have one point of confusion and that is the difference between workload and hours. You say there is a
greater workload in Queensbury why wouldn't hours reflect a greater workload?
Comptroller Hess-I would like to answer that, we have a staff of six this is not a one person operation
where Helen shares her time back and forth, I do not know what the City has but Helen has a full staff
there so when you look at gross payroll costs I think that probably balances out. So, we do not want to get
confused with the idea that Helen spends ten times as much of her effort on this, because she has a full
staff that does those kinds of things. The other thing I would just like to point out which addresses the
second point that Helen asked Mike to bring in having to do with the number of parcels and whatever the
cost to the taxpayer is per hour spent, it is not we do not pay her per work load it is not a piece work job
nor it is a salary job paid for forty hours of work. So, you really have to measure in terms of hours because
that is the sacrifice the Town is making for the service it gives up.
Director Swan-You are right I could not answer it.
Supervisor Brower-Any other questions of Mike while he is here? Having talked to you before I know that
you support the joint assessor agreement.
Director Swan-Well one of the things I guess the final underlying items that I should have said what it
does is that it creates a very high level of professionalism in the assessment community, which is
something that we need desperately. Taxes are going up because budgets are going up we need the right
people in the right positions to get the job done to make sure that everybody is treated fairly. This time it
was a great solution for the problems that were going on in the City of Glens Falls and I felt that it was
very generous of the Town at the time to allow it to happen. I mean it was a good idea at the right time
and the right people apparently agreed with it and it became, it happened. I would really like to see it
continue because we do have, Warren County now because of this type of a deal that we have going on
between Glens Falls and Queensbury and in a couple of the other communities is looked on as a model
county now in the assessment community throughout the State because of the cooperation that we have
been able to work between the County and the local governments and the local governments are working
with each other now, we have gotten a couple of appreciation awards now from the State, Office of Real
Property Services which I am kind of proud of. It is the result of having coordinating assessing units and a
very high level of professionalism within the County.
Supervisor Brower-It certainly has been frustrating to me that we have not been able to put this to bed, and
that we are even here talking about it in this forum in this way. You know it has been close to nine months
now, almost nine months and we did get some movement but it just does not seem to be enough. I
appreciate your input this evening I appreciate you taking the time out of your schedule to come here I
know it is important to you. I think it is important to our communities, so.
Director Swan-I would like to ask one other, unfortunately I wasn't, I did not get notice about this meeting
until kind of short so I did not have a chance to put together some of the things I would like to. I hope you
can hold off and not make a decision tonight. I did talk to the Mayor last week and I notice he is here I do
not know if he has anything to say or whether he want to just listen but and I am not saying there is any
movement there or anything else I am not trying to put words in the Mayor's mouth but we did have quite
a long conversation about this and he was thinking about several things so I would hope that we could at
least give, I know it has been quite a bit of time but I would like to give him a little bit more if we could.
Councilman Boor-Mike, when did you find out about this?
Director Swan-I had an inkling last week when the Mayor called me
Councilman Boor-That is how you found out?
Director Swan-that there was going to be something and then Mr. Brower left me a note today
unfortunately I did not get it until about quarter to four.
Councilman Boor-You found out today from this board.
Director Swan-I knew something was up when the Mayor called me last week, but I did not
Supervisor Brower-Frankly I fully expected Helen to be here tonight but that did not work out. But, I am
very pleased that you are here. With that I will again invite any members of the public that would like to
comment during this public hearing to feel free to come forward. Mayor Regan, good evening.
City of Glens Falls Mayor Regan-Just a couple of things when we began the joint assessing unit agreement
we too found that having Helen only wasn't really enough to run the office, we do have another full time
assessor in addition to Helen, Ted Bigelow so we do have a staff of three. I put some thought into this
issue and just for the sake of the record give you all an idea of what has been going through the City's head
in terms of coming to an honest evaluation of how these cost should be apportioned. Roger Hewitt asked
the question what is the difference between workload and hours. It is my understanding and I could be
wrong but certainly generally understanding while Helen does keep office hours specifically in the City
and specifically in the Town and there are staffs in both municipalities that answer to her she could be
working on Glens Falls while in Queensbury and vice versa. So, it is difficult to pin point exactly how
many hours of the week she might spend particularly on one municipalities work. Some of the factors we
were looking at was the dollar value of the Article 7 Cases the dollar value of a number of the annual
building permits that are issued in the Town vs the City. As quite substantial as compared to the City of
Glens Falls having said all that I do think that it is in the best interest of both communities to continue this.
Certainly in my, I came to that conclusion in my discussion with Mike Swan particularly as it pertains to
what is coming up, in terms of the reval. I suspect you guys have to do I know we have to do. Like you
said the state aid is going to continue whether or not we are in the joint assessment unit but only if we get
the reval. So, it appears to me that it is cost effective for both communities to move ahead with this
because I think we would more than save that money by not having to hire a private company to do the
reval. So, there is that issue of paying back the State, the money that we got and all that stuff. I guess
what I would like to say here tonight is both communities have been in their respective positions for quite
some time now, somewhere around eighteen grand somewhere around twenty five, twenty six something
in there. What is going through my head and I speak just for myself I do not have authorization from the
Common Council to make this proposal so this is just my position, but it is something that I would
advocate. I would just say given the length of time that we have sort of been you know in our positions -
it seems to me to just split it down the middle I think that will cost both communities about thirty-five
hundred dollars a year. It seems to me rather than spend a whole lot of energy with all the other issues
that everybody is dealing with to argue over what is essentially a thirty-five hundred dollar matter I would
make the proposal that we do split that down the middle and get it done and move on. Like I said I do not
have authorization from the Council to do that but I certainly hope to discuss that with them and see if that
makes sense to them, they can agree, disagree or come up with something else, but I just throw that out for
your consideration.
Supervisor Brower-Thank you. I thank you for coming tonight. Ok. At this point in time would anyone
else from the public that is present care to address the matter? Seeing none, Barb, good evening.
Ms. Barbara Bennett-I wondered or in the first place you say that she has a salaried position if that was
adjusted in the beginning when she took over the additional work and if you get to the point of re-assessing
the town does that allow either additional payor perhaps better still additional help for the extra work
during assessing?
Supervisor Brower-As far as the salary goes, the salary issue goes I think, well Ted was in office when this
agreement took place, Helen salary at the time was increased by the exact amount of the joint assessing fee
that was received from the City which was fifteen thousand dollars. Apparently, she also had the option
whether or not to accept the additional responsibility at that point in time at least that seems to be my
understanding for the justification of why the salary increased. However, I can tell you in doing some
research and investigation that assessors are well paid across the State it is a very well paid profession and
it is the level of expertise that they are required to have is pretty significant and certainly the experience
level is also significant which is quite frankly one of the reasons why I felt it was fair to get the actual
percentage of her time that she is spending in the City. I mean if she only needs to spend six hours in the
City let her spend six hours in the City and the rest of the time in Queensbury. I mean that is kind of the
way I looked at it, you know, if you want to pay for six hours we will give you six hours and stay in town.
Certainly the level of expertise couldn't be replaced for the amount of money that we have asked which is
again twenty-seven and a half percent of her salary and benefits. There is no way you are going to get that
level of expertise for that kind of money. That is why we felt it was fair to ask for the amount of time that
she was actually spending in the community and frankly initially our figure was higher because I tried, I
asked Helen to document her time on her time cards that she spends in the City and I was getting a average
of like sixteen hours a week, Helen came to me and said she actually spends eleven hours a week. So, took
her word for it and used the lower number to come up with the twenty-five thousand six seventy-eight.
But, I know that there are times during the year and I am sure it will happen every year where she is going
to spend either more time in Queensbury or more time in Glens Falls. I do not want to have to be a bean
counter, that is not the idea. The idea was to establish some level of fairness that enable Glens Falls to
have the level of expertise that we have in Helen's employment and also enable the Town and the City to
benefit by the joint assessor agreement. I do not know if I answered your question but.
Ms. Barbara Bennett-I, also thinking in terms of reassessing maybe there might be a special arrangement
just for the period of time that it was being reassessed where...
Supervisor Brower-Well, we certainly hope that the County will be able to assist us in any case with when
reassessment time comes and that will not be too far off.
Ms. Barbara Bennett -A workload can get just so high for one person it might even be more important
Supervisor Brower-Well we have increased staff though as the Mayor has indicated they have increased
staff with Ted Bigelow and a secretary the Town has also had to increase its staff and we are not asking for
a portion of that additional man power because, again, the town does have a greater work load, but that is
how we felt why we felt this was a fair request and hopefully the City will consider it. I appreciate the
Mayor's indication of what he thinks would be fair tonight and certainly I appreciate the fact that he came
and that he is concerned about it and that he recognizes the benefits as well. His letters have been very
clear that he does and I have tried to echo the same thought we just hope that we can work together and
move forward and again I am sorry to have it at this point, but do you have anything else you would like to
add?
Ms. Barbara Bennett-No, I just wanted to see if you would taking both things you are talking about sharing
the expense between the Town and the City but I was hoping you were thinking in terms of the work load
too what that did, whether that needed to be adjusted for special periods?
Supervisor Brower-Well we, actually this spring one of our employees had a medical condition that did not
allow her to go out and check on building permit applications because March 30, is it March 1st or 31st.
March 1st is the deadline for any change in assessment so that if you have a house under construction but
you do not have an occupancy permit and you do not occupy it until April 1st. you pay the taxes that you
were paying last year but if you move in, in February. They will reassess it so that on March 1st. they will
have the current value of your home, which you are occupying and which is a much higher value than a
home under construction or raw land itself. So, we did have to hire an individual for a couple weeks to
assist Helen this year because the person who normally would do it was not able to do that. Thank you
Barb. Would anyone else care to address the Board on this public hearing? Mr. Strough.
Mr. John Strough-John Strough, Queensbury I just got in I apologize if! repeat anything. We are on the
topic of sharing an assessor right and you want some input. The only thing I think I can add to the thought
is that, I know both communities worked on a Memorial Day Parade and we worked well. We sat down,
Glens Falls, Queensbury we even had activities in education we had poster contests for the High School
kids we had an essay contest, I mean we really expanded it and we worked well together. But, what we
did was we sit down we had a common cause and we talked it out. Now, lately, not to my knowledge has
the Glens Falls Common Council and you people sat down and sat together and gone over this and I think
that is really needed at this point. Everything is out in the open place all the cards out there have the
assessor there and have everybody else that may have input there and just talk about it and give it one good
shot. If that does not work, well it doesn't work but at least you sat down both groups and you have
worked with both groups before and so you know, and you may twist and turn a little bit both sides. I
think you have got to sit down because and it can be done. The Memorial Day Parade provided it that two
communities came right together. So, I would rather not see, well the sewer agreement, and I still like to
think that the water filtration agreement was still open at least for inspection because I do not think that all
aspects have been looked into yet. But, this topic here is sharing the assessor and I think it is in both
communities best interest to maintain a sharing of the assessor, so like I said we can do it, we can work
together. Thank you.
Supervisor Brower-Anyone else care to address the Board during this public hearing? Hearing none I will,
any comment from Board Members?
Councilman Stec-I think John Strough just made an excellent plug for us all to consider resuming the
quarterly meetings that we had, the last one was probably a year ago but I think that is an excellent
example of how these, an opportunity for quarterly meetings to really get into this. He touched on the
sewer and I do think that the circumstances of how we got to where we are today on the subject that we are
on is very similar to the sewer deal but on a smaller scale. But, I do not see that the time to fight, I think
the time to fight was over terms of the twenty million dollar sewer deal and I do not see much value in
fighting over seven thousand dollar difference in the assessor. With that said I think the principals of the
situation could easily support Queensbury requiring Glens Falls to come up the seven thousand dollars
that we are talking about. Listening to Mike talk you know the cost for withdrawing from the agreement I
think are greater than what would be gained if we left. I have had similar conversations with Helen
myself and again in the interest of inter municipal cooperation I will agree with Mayor Regan's suggestion
that perhaps the simplest thing to do would be to split the difference between the two positions. We are
talking about a few thousands of dollars and not twenty million dollars and move on and just put this in
the bank as one of those examples of the time that Queensbury stepped up to the plate. I can understand
fighting over twenty million dollar sewer contract I am sure the Mayor can and everyone else can but I do
not see the value in fighting over this and perhaps in the interest of inter municipal cooperation we just
split it and let it go. I bet you none of you thought I would say that. That is my point exactly though, is
that you have to look at the big picture the sewer deal was a big picture item, we are right make no
mistake, we are right don't get me wrong but we are talking big issues and little issues.
Councilman Turner-When this first came about equalization rate was an important thing and Mike
expressed it tonight and that is where we are going to save the bucks right there and he made note of that
very firmly in the first go around. I do not think that we should throw this away. In fact I said the last
meeting they made us an offer we did not even respond. There it goes eighteen five and we said nothing.
Councilman Stec-In my mind it is similar to the discussion on the Empire Zone for the Great Escape, I was
not 100% satisfied with the situation you do not throw the baby out with the bath water. I like to think,
that, that doesn't work against us but is the reality of the situation that I think that my constituents that are
in the Glens Falls School District stand to gain or lose a lot. So, I think the pluses out way the minuses.
Councilman Turner-But the first time the first initiation around was we got two dollars for every parcel we
got two dollars and something else for what?
Director Swan-You ended up with seven dollars
Councilman Turner-Seven dollars
Director Swan-... seven dollars,... there was two different ways that it came about but it was seven dollars
total that was for the 84,85 I cannot remember the exact total and the forty something the City got...
Councilman Turner-Eighty-four thousand for the Town and Forty-two for the City.
Councilman Boor-I think it is probably important to point out the very reason we have this resolution
before us isn't that we want to do this. Perhaps Bob can enlighten a little better than I can but briefly if I
understand the law correctly we could not get out of this contract without giving a years notice first so the
reason this resolution is before us tonight is not because we do not want to split with Glens Falls I very
much want to do everything we can with Glens Falls but we decided to do this prior to even getting the
counter offer of eighteen five or whatever it was and we saw nothing happening. So, we said how do we
light a fire on this thing, we said lets get, lets do the first work we have to do to get out of this and then if
nothing happens over a years period of time it is an option we can act on. Otherwise we could go on, and I
do not think we are going to I agree, I think what Mayor Regan said is a great idea and I have no problem
splitting it. But as you said that is something you have to take up with your Board and I understand that
completely. I would not mind tabling this and I am not for not splitting an assessor but we cannot sit in
limbo forever on these things as you can on other issues I am sure. I think you understand what I am
talking about here. This isn't something I want to do but sometimes you have to take action to get action
and I think that's really what this board was intending when we had this resolution drawn up. Not, that
we didn't want a joint assessor, so.
Supervisor Brower-Mayor Regan could I ask you to, one more time, come up to the microphone if you
would. I know your offer of splitting the difference is on the table and yet it isn't official but if we come to
an agreement like that if the Common Council agrees to do that and the Town Board agrees to do that I
am assuming that this would be affected in this years payment.
Mayor Regan-Yea, I would have no problem, yea because technically the old agreement expired on
December 31, of2001
Supervisor Brower-I believe so because that is why I notified you in writing that I did not feel the
Mayor Regan-Right, or if it was going to be there is notice requirements and all that kind of stuff but I
think that would be the case. ..
Supervisor Brower-All right thank you very much and again thank you for coming this evening. All right
at this time I will close the Public Hearing (8:51PM) and I believe that my recommendation would be that
we take no action on this article tonight and that we either set up a meeting with Glens Falls or have
dialog with Glens Falls in any case regarding this matter.
Councilman Stec-Well we should resume the quarterly meetings anyways independent of this situation, I
think. I think John Strough made an excellent point. Because when we do that we do reach common
ground, whether it is the Memorial Day Parade or border street plowing or sewer agreement who knows
maybe a water agreement, not holding my breath.
2.0 QUEENSBURY BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 277.2002
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 moves into the Queensbury Board
of Health.
Duly adopted this 1st day of July, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower
NOES: None
ABSENT: Mr. Brewer
RESOLUTION DECLARING A HEALTH HAZARD AND SETTING HEARING CONCERNING
PROPERTY OWNED BY FREDERICK AND DEBORAH WALKER LOCATED AT 21 ZENAS
DRIVE (TAX MAP NO.: 301.12-3-54)
RESOLUTION NO.38, 2002 BOH
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
has advised the Town's Local Board of Health that he has received a complaint about a large amount of
garbage and rubbish in the house and around the property owned by Frederick and Deborah Walker
located at 21 Zenas Drive in the Town of Queensbury (Tax Map No.: 301.12-3- 54), and
WHEREAS, the Director has investigated and inspected the property and has advised that there is
a large amount of garbage, junk and debris inside the house and around the property and therefore, in his
opinion, there are violations of the Town's Garbage and Junkyard Ordinances, the home and property
constitute a health hazard and nuisance to the neighborhood and are unsafe to the general public and
therefore the Director strongly recommends that the Board of Health take action if the property owners fail
to clean-up the home and property as more specifically set forth in the Director's letter dated June 18th,
2002, and
WHEREAS, Robert L. Evans, D.O., the Town's Public Health Officer, has advised the Town by
letter dated June, 2002 that in his opinion the home and property constitute a public health nuisance and
therefore has recommended that the home and property be cleaned up and the garbage and debris removed
immediately,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property owned by Frederick and Deborah
Walker bearing Tax Map No.: 301.12-3-54 and located at 21 Zenas Drive, Queensbury appears to be a
potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and
therefore the garbage, junk and debris should be removed from the home and property, and
BE IT FURTHER,
RESOLVED, that the property owners shall immediately commence cleaning-up the home and
property unless good cause is shown by Mr. and Mrs. Walker or other interested persons whereupon the
Town Board shall consider a time extension, and
BE IT FURTHER
RESOLVED, that the Town of Queensbury Local Board of Health shall conduct a hearing
concerning the property on July 15th, 2002 at 7:00 p.rn. in the Queensbury Activities Center, 742 Bay
Road, Queensbury, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and
Codes Enforcement to serve a notice setting forth its determinations upon the property owners or their
executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the
property, the contents, service and filing of the notice to be in accordance with the New York Public
Health Law.
Duly adopted this 1st day of July, 2002 by the following vote:
AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower
NOES None
ABSENT Mr. Brewer
Discussion held before vote:
Director of Building and Codes Dave Hatin- This is a property that has been abandoned as far as we can
tell I put two calls into the Bank of Record and the girl who has charge of the property has not returned by
phone calls. I am hoping for a resolution from the Board that I can fax to her corporation and possibly get
some action if not we will follow through with the hearing and the order to clean up the property on the
15th. (Presented the Town Board with photos of the area) Supervisor Brower-Questioned how this
came to Mr. Hatin's attention. Director Hatin- Through a neighbor. Supervisor Brower-Questioned if any
was present involved in this property? No one spoke Director Hatin-Noted he sent a registered letter to
the owner of record, no response at this time. Vote taken
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION
OF MARK AND HEATHER MC LEOD
RESOLUTION NO.: 39,2002 BOH
INTRODUCED BY: Mr. Theodore Turner 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 issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, Mark and Heather McLeod have applied to the Local Board of Health for variances
from Chapter 136 to install a replacement wastewater system:
1. ninety feet (90') from Lake George instead of the required one-hundred feet (100') setback; 2.
ten feet (10') from the structure instead of the required twenty feet (20'); and 3. seven and a half
feet (7.5') from the road and nine feet (9') from the property line instead of the required ten feet (10')
setback;
on property located at 91 Rockhurst Road, Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on July 15th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury,
to consider Mark and Heather McLeod sewage disposal variance application concerning property located
at 91 Rockhurst Road, Queensbury (Tax Map No.: 227.13-2-37) 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 Mr. and Mrs. McLeod's property as required by law.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brower, Mr. Boor
NOES
None
ABSENT: Mr. Brewer
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION
OF WILLIAM UNDERWOOD
RESOLUTION NO.: 40,2002 BOH
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal
Ordinance, and
WHEREAS, William Underwood has applied to the Local Board of Health for variances from
Chapter 136 to install a seepage pit:
4. seventy-five feet (75') from a well; 5.
hundred sixteen feet (116') from a well;
ninety-five feet (95') from a well; and 6.
one-
instead of the required one-hundred fifty feet (150') setbacks on property located at Barton Place off
Sunnyside Road, Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public
hearing on July 15th, 2002 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury,
to consider William Underwood's sewage disposal variance application concerning property located at
Barton Place off Sunnyside Road, Queensbury (Tax Map No.: 290.5-1-19) 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 Mr. Underwood's property as required by law.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES
Mr. Stec, Mr. Brower, Mr. Boor, Mr. Turner
NOES
None
ABSENT: Mr. Brewer
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 41.2002 BOH
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Queensbury Board of Health hereby adjourns its session.
Duly adopted this 1st. day of July, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower
NOES: None
ABSENT: Mr. Brewer
3.0 CORRESPONDENCE
Ltr.
Mr. William Remington County Superintendent of Public Works 4028 Main Street Warrensburg, N.Y.
12885-1100
RE: SPEED REDUCTION REQUEST
WEST MOUNTAIN ROAD (CR58)
TOWN OF QUEENSBURY
WARREN COUNTY
Dear Mr. Remington:
This is in response to your March 28,2002 request for a speed limit reduction on West Mountain
Road in the Town of Queensbury.
Currently, there is a 50mph speed limit on West Mountain Road for its entire length. We
reviewed the section of West Mountain Road between Gurney Lane and Mountain View Drive and
determined that a reduction of this existing speed limit is not warranted. Speed limits are established based
on the over all characteristics of a highway, not for specific sites such as adverse curves or intersections
that may be encountered at various locations along the route.
If you have any questions regarding this matter, please contact Reed Sholtes of this office at 474-
6377.
Sincerely,
Isl
William E. Logan
Regional Traffic Engineer
Supervisor Brower-Noted he had requested the Speed Wagon again today.
4.0 INTRODUCTION OF RESOLUTION FROM THE FLOOR NONE
5.0 OPEN FORUM
Mrs. John Salvador-Questioned if the Board on the Library Card count for Queensbury.
Comptroller Hess-Noted he was not prepared tonight to release the figures.
Supervisor Brower-Requested that Mr. Hess bring the figures to the next regular board meeting.
Mrs. Salvador-Requested information on the trend, are we going up in users or down from previous years.
RE: Queensbury Land Conservancy Article in the Chronicle... questioned the survey results, were they
residents or households, and how were they selected. . . the entire survey should be looked into for
clarification.
(Councilman Brewer entered the meeting)
Mr. Duane Taylor-835 County Line Road-Re: Navigation Easements Floyd Bennett airport (tree cutting)
-Where does the Town of Queensbury and yourself stand in regard to the residents of the Town of
Queensbury as far as this problem goes?
Supervisor Brower-Noted he was waiting for more information from the FAA as to why this was required
in the first place. . . we are going to look into it.
Mr. Taylor-There are forty-eight, forty-nine residents that are upset.. . noted they feel threatened.. noted he
is asking for help from our elected officials.
Supervisor Brower-Noted he met with former Supervisor John Webster and the Chairman of the Board and
the County Attorney at the Warren County Center, former Supervisor Webster brought up some very valid
points and the history of the airport. . . at this point we have put a halt on everything at the County level.
Councilman Boor-Questioned if the FAA came to the County or was the County went to the FAA when
they saw money was available?
Supervisor Brower-Noted he believes that there was a grant available.
Councilman Boor-So the County went to the FAA?
Supervisor Brower-I believe so.
Councilman Boor-This is my Ward and try to get information and I do not get it and you sit at the County
level and I hope you are a little bit more forthcoming with me on this, I will be candid about it, because
when I get the phone calls and I have got nothing to say it is very frustrating for me, I feel for these people.
Mr. Taylor-I just want to go on record as saying that I would say 98% of the residents that received these
letters are signing no easements and we are going to be very stead fast in what we believe is right for
ourselves.
Mr. John Salvador-Questioned if the Library RFP is ready yet?
Supervisor Brower-Noted he had spoken to the Library and they are in the process of preparing it.
Mr. Salvador-Questioned if there is anything being done in the North Qsby. Sewer?
Supervisor Brower-We hope to conduct a meeting this sununer.
Mr. Salvador-Re: New Zoning Ordinance reference to Marina's 179.10-060 A, noted all Marinas shall
comply with the standards with class A and class B marina as adopted by the Lake George Park
Commission..noted the Planning Board shall consider these standards in its special use permit review of
any class A marina.. . reviewed the history of the Lake George and Queensbury... Marina regulations.. . felt
it is going to be difficult for the Town to issue special use permits for marina that are based on site plan
reVIew.
Mr. John Strough-brought the Town Board information on the Valente project of offices on Bay Road
across from Schermerhorn's development, 40,000 sq. ft. medical arts center and a 90 unit Omni Senior
Housing Units and then 200 residential units after that, .. . noted Valente and Schermerhorn are at odds of
the sewer system and the Bay Bridge residents are concerned over their system noted he felt that the Town
should take the bull by the horns and bring the sewer up to Surrey Fields. . .
Councilman Turner-In the resolution of the planning board passed for Schermerhorn he has to hook into
the public sewer.
Mr. Strough-yes, before he can get a building permit.. . noted Schermerhorn is not the only one in the
area.. .Re: New Town Code on Marina's spoke that they would like all towns on lake George to be on the
same plan on docks, marina's and storm water.. . noted it might be advantageous to work with the Lake
George Park Commission on the marina issues. . .
Ms. Barbara Bennett-Questioned if the Crandall Library has decided on the site for their expansion?
Supervisor Brower-No they haven't. Asked for further input, none was heard.
6.0 RESOLUTIONS
RESOLUTION ACCEPTING DEDICATION OF EXTENSION OF F ARR LANE IN PHASE II OF
INDIAN RIDGE SUBDIVISION
RESOLUTION NO. 278. 2002
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Tra-Tom Development, Inc., has offered to dedicate to the Town of Queensbury, an
extension ofFarr Lane in Phase II of the Indian Ridge Subdivision, which road is more particularly
described in the survey map prepared by VanDusen & Steves Land Surveyors, LLC dated May 22,2002
and presented at this meeting, and
WHEREAS, Highway Superintendent Richard Missita has recommended acceptance of the road
contingent upon the developer completing the top coat of the black-top within two years of the date of
acceptance or July I, 2004, and
WHEREAS, Tra-Tom Development, Inc., has provided the Town with a cash escrow to ensure
placement of the top coat on the roads by July I, 2004, and
WHEREAS, the Water Superintendent has confirmed that installation of water mains and
appurtenances has been made in accordance with the Town Water Department's standards with the
exception that all valves are to be at final grade after Niagara Mohawk Power Corporation completes their
work and the topsoil has been applied, and
WHEREAS, the Director of Building and Codes Enforcement has recommended acceptance of
the road, and
WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed
and approved in form by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for
dedication of an extension of Farr Lane in Phase II of the Indian Ridge Subdivision in the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute,
sign and affix the Town seal to any and all documents necessary to complete the transaction including an
Escrow Agreement to be in form approved by the Town Comptroller and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to record the
deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained
in the Queensbury Town Clerk's Office, and
BE IT FURTHER,
RESOLVED, that the road be added to the official inventory of Town Highways as follows:
Name:
Farr Lane (Extension - First portion previously dedicated)
Road Number: 495
Description:
Beginning at Farr Lane and continuing in a northeasterly direction a
distance of 1,587' and .30 of a mile and ending at a dead end.
Feet:
1,587' and .30 of a mile
Duly adopted this 1st day of July, 2002, by the following vote:
AYES
Mr. Boor, Mr. Brower, Mr. Brewer, Mr. Turner, Mr. Stec
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PUMP AND MOTOR
UPGRADES TO THE MEADOWBROOK PUMP STATION
RESOLUTION NO.: 279.2002
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Town Board Resolution No.: 174,2002 the Town Board authorized engagement
of C. T. Male Associates, PC for design, contract preparation and bidding process assistance services in
connection with the upgrade of the Meadowbrook Pump Station, and
WHEREAS, c.T. Male has presented the Town's Wastewater Deputy Director with bid
documents and specifications to advertise for bids for pump and motor upgrades to the Meadowbrook
Pump Station, and
WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award
the bid to the lowest responsible bidder meeting New York State statutory requirements and the
requirements set forth in the Town's bid documents and specifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs c.T. Male
Associates, P.C., and the Town of Queensbury Purchasing Agent to publish an advertisement for bids for
pump and motor upgrades to the Meadowbrook Pump Station, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to
open all bids, read them aloud and record the bids as is customarily done and present the bids to the next
regular or special meeting of the Town Board.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES None
ABSENT: None
Discussion held before vote: Councilman Brewer-Questioned how long this upgrade is going to last us?
Deputy Director of Wastewater Mike Shaw-It all depends on development. Councilman Brewer-I am
certain you have taken into consideration Schermerhorn and Valente? Deputy Director Shaw-It will take
all that, yes, and Route 9 will discharge to that also. The next problem after this upgrade is force main and
the wet well, we will have to look at diverting some flows. Councilman Turner-If Green Mountain comes
in will that accommodate them, 14,000 gallons per day? Deputy Director Shaw-It certainly should at this
time but saying that it depends on who comes in and how quick they development goes. There has been
some discussion regarding Bay Road and the Town has in the past looked at Bay Road three different
times and had engineering studies done. Each time the same problem exists, that there is too much vacant
land not enough assessed value to support a sewer district there. I spoke to the engineer Schmerhorn's
engineer today and he assured me that the map, plan and report was forthcoming. The idea is meet with
the Board in a workshop to discuss their proposal.
RESOLUTION AUTHORIZING HIRING OF CATHERINE STROUGH TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO.
:280, 2002
INTRODUCED BY
Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Roger Boor
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Catherine Strough to work part -time for the Department as a Youth Program Assistant, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town
Board must approve the appointment of Town employees' relatives and Catherine Strough is the daughter
of John Strough, a Town Planning Board member,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Catherine Strough to work for the Town's Department of Parks and Recreation as a part -time Youth
Program Assistant effective June 26th, 2002 at the rate of pay of $5.30 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF KA YLAN OSTRANDER TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO.
: 281,2002
INTRODUCED BY
Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Kaylan Ostrander to work part -time for the Department as a Youth Program Assistant, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town
Board must approve the appointment of Town employees' relatives and Kaylan Ostrander is the daughter
of Bruce Ostrander, a Town employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kaylan
Ostrander to work for the Town's Department of Parks and Recreation as a part -time Youth Program
Assistant effective June 26th, 2002 at the rate of pay of $5.30 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT: None
Town Clerk Dougher-Read the proposed resolution into the record...
RESOLUTION ESTABLISHING POLICY REGARDING PRE-EMPLOYMENT PHYSICALS
RESOLUTION NO.: 282,2002
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Daniel Stec
WHEREAS, the Town has at times in the past required pre-employment physicals to ensure that
individuals are physically able to perform the essential duties of the positions for which they are hired, and
WHEREAS, the Town currently has no formal policy in place directing or controlling the
requirements for pre-employment physicals, and
WHEREAS, the Town is cognizant of the mandates and limitations of the Americans with
Disabilities Act (ADA) and wishes to reaffirm its ongoing desire to comply with the ADA, and
WHEREAS, the ADA mandates that medical examinations be performed in a nondiscriminatory
fashion and that a job offer be conditioned on the results of a medical examination only if the examination
is required for all entering employees in similar jobs, and
WHEREAS, the Town has a number of positions which require that the employee have and
maintain a Commercial Drivers License (CDL) and that included among the requirements for a CDL is the
requirement for a physical examination and drug testing, and
WHEREAS, the Town desires to implement a policy requiring all permanent fullOtime and part-
time employees to undergo a pre-employment physical to determine the fitness of the selected individual
to perform the essential job functions, and
WHEREAS, it is the policy and practice of the Town not to discriminate on the basis of physical
or mental impairment.
NOW, THEREFORE, BE IT
RESOLVED, that any employee hired or rehired after the date of this Resolution for any
permanent full-time or part-time position shall be hired contingent upon their passing a pre- employment
physical, and
BE IT FURTHER,
RESOLVED, that such physicals will be performed at the Town's expense from the appropriate account,
by the medical facility under contract with the Town to perform physical examinations, and
BE IT FURTHER,
RESOLVED, that in no event will a physical examination be required as part of the interviewing process,
rather, once a qualified individual has been identified for a position, that individual will be required to
undergo the physical examination before assuming their job duties and being placed upon the payroll, and
BE IT FURTHER,
RESOLVED, that where the position required a CDL, the physical examination shall be the same
examination as performed for the CDL and will also include a determination of ability to perform any
additional essential functions, and
BE IT FURTHER,
RESOLVED, that where the position does not require a CDL, the examination shall be limited to
determining whether the individual is able to perform the essential functions of the position, and
BE IT FURTHER,
RESOLVED, that if it is determined by medical examination that an individual is unable to perform
essential job functions with reasonable accommodations, then the offer of employment will be void, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor's
Office to circulate and distribute this Policy to all Town Departments and add the Policy to the Employee
Handbook.
Duly adopted this 1st day of July, 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 Hess-requested that in the 6th Whereas Clause the
wording be changed from assume to perform... Councilman Brewer-requested that the resolution be
amended to make it clear that this will apply only future employees. Agreed to by the Board...
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS ON NON-INSULATED, END-
MOUNTED TELESCOPIC AERIAL LIFT FOR USE BY TOWN HIGHWAY DEPARTMENT
RESOLUTION NO. 283.2002
MOTION WITHDRAWN
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec.
Discussion held: Supervisor Brower-Noted he could not find that this was a budgeted itern. Councilman
Turner-noted the thought that it was.. . noted there were problems with the present
equipment... Comptroller Hess-noted it was not in the budget. Councilman Boor-requested that this be
pulled for further explanation, questioned why it wasn't insulated if used for traffic lights?
RESOLUTION TO AMEND 2002 BUDGET
RESOLUTION NO.: 283, 2002
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town 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:
COMMUNITY DEVELOPMENT:
FROM:
TO:
$ AMOUNT:
001-1990-4400
001-8020-200 I
(Misc. Equipment)
$ 2,696.
Duly adopted this 1st day of July, 2002, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED TOWN OF QUEENSBURY
ORDINANCE ENTITLED" ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE
COLONY WATER DISTRICT"
RESOLUTION NO. 284.2002
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Shore Colony Water District was established by the Town over forty (40) years
ago and presently includes only forty-two (42) properties; and
WHEREAS, The Town and District are now unable to measure the individual water usage of each
property and so the amount budgeted annually by the Town to cover costs of the District are allocated
equally among each of the 42 properties without regard to actual water usage; and
WHEREAS, the New York State Department of Health (DOH) and Department of Environmental
Conservation (DEC) have required significant improvements to the water processing and filtration system
and procedures in the District, which have been implemented by the Town; and
WHEREAS, the amount included in the year 2002 budget for the Town Water Department
anticipated a certain reasonable level of service based on engineering information applicable at the time
that the budget was prepared which was prior to the imposition of the additional requirements by DOH and
DEC; and
WHEREAS, implementation of the additional DOH and DEC requirements have resulted in
significant unexpected cost increases which were not included in the year 2002 budget; and
WHEREAS, the Town wishes to minimize the impact of these increased costs and has discussed
various alternatives with the Town Water Superintendent; and
WHEREAS, although the Town is hoping install water meters in the District as soon as possible,
this cannot feasibly occur until the next budget year; and
WHEREAS, the Town Board and the Town Water Superintendent believe that it is vital to take
immediate action to limit the impact of the increased cost of operation of the District; and
WHEREAS, pursuant to Town Law Section 198 (3) (c) the Town Board is empowered to adopt
ordinances, rules and regulations for the operation of the water district and the use of water therein, and to
provide for the enforcement thereof or for the punishment of violators; and
WHEREAS, the following Ordinance shall apply to all Water Users in the Shore Colony Water
District
1. WATER USE RESTRICTION - Use of water for outdoor purposes, including but not limited to:
lawn and garden watering, car washing, swimming pool and pond filling, and filling of decorative
fountains shall be permitted through the use of a hand-held hose only. No person, corporation or other
entity, shall use or permit the use of District water for any outdoor purpose by any other means.
2. RESTORATION OF SERVICE- In any case where the water supply to any premises has been
shut off for cause it shall be a violation for any person to restore such service without the permission of the
Water Department.
3. DURATION - This rule shall remain in effect until specifically rescinded by the Town Board.
4. PENALTIES FOR OFFENSES - Non-compliance with or violation of this Ordinance shall
constitute a Violation, punishable by a fine not to exceed $1000 per violation. In addition, the Town
Board may discontinue the water service and cut off the water supply to any premises the owner or
occupant of which has failed to comply with the provisions of this Ordinance.
5. ENFORCEMENT - This Ordinance may be enforced by the Water Department and/or by any
Town Code Compliance Officer and may be prosecuted in Town Court.
NOW THEREFORE BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York 12804 on July 15, 2002 at 7:00
P.M. to hear all interested persons and take any necessary action provided by law concerning proposed
Town Ordinance entitled, " ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE
COLONY WATER DISTRICT", and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning the proposed Ordinance in the manner provided by
law.
Duly adopted this 1st. day of July, 2002 by the following vote:
AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES: None
ABSENT: None
7.0 ACTION ON RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR
NONE
8.0 TOWN BOARD DISCUSSIONS
Supervisor Brower-Noted he called Sheriff Cleveland's office and reminded him that in January or
February I requested the speed wagon for West Mt. Road, I was not able to speak to the Sheriff but they
took a message and I will see him later in the week. Requested an Executive Session for interviewing on
the alternate position on the Zoning Board, we thought that position had been determined but the
individual that we were considering for appointment moved to Hudson Falls also need to discuss a
personnel matter.
Councilman Brewer-Noted W.G.F. did get their new truck, it is the first one of their trucks that says
Queensbury on it.
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 285.2002
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into and Executive Session
to discuss a personnel issue and conduct interviews for an alternate for the Zoning Board of Appeals.
Duly adopted this 1st day of July, 2002 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
RESOLUTION ADJOURNING THE EXECUTIVE SESSION
RESOLUTION NO. 286.2002
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Dennis Brower
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and
be it further
RESOLVED, that the Regular Session of the Queensbury Town Board is hereby adjourned.
Duly adopted this 1st day of July, 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