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2003-05-05 REGULAR TOWN BOARD MEETING MAY 5TH, 2003 Mtg #20 Res. #226-243 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER TOWN OFFICIALS Harry Hansen, Director of Parks And Recreation Ralph VanDusen, Superintendent of Water And Wastewater Mike Shaw, Deputy Superintendent of Wastewater Chris Round, Director of Community Development Henry Hess, Comptroller PRESS: Glens Falls Post Star SUPERVISOR BROWER called meeting to order...... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BROWER PUBLIC HEARING - WGF Emergency Squad's Proposal to Purchase Property for Site of Proposed New Emergency Squad Building Notice Shown 7:06 P.M. SUPERVISOR BROWER-Okay, the proposal before the public this evening is for the Emergency Squad, West Glens Falls Emergency's Squad to purchase land for relocation purposes on Veterans Road for a total cost of thirty thousand dollars plus an additional cost potentially up to ten thousand dollars to cover soft costs including legal fees, survey costs and filings depending on what those actual costs are. Would any members of the, is there a member of the West Glens Falls Emergency Squad first of all that would like to come forward and say anything at this time? MR. CHRISTOPHER NORTON, 41 Country Club Road-My name is Christopher Norton, I live at 41 Country Club Road in Queensbury. I'm here today to ask the board to temporarily postpone for a time of sixty days, the voting on the proposal to buy, purchase the land for the West Glens Falls Emergency Building. I believe that there other options that I believe we should look at and I should also add I'm also a member of that agency but I'm not here speaking on behalf of the agency. I'm here speaking on behalf of myself as a taxpayer and a citizen. So, I am here respectfully just asking you to table that decision and to contact the squad and have some more meetings with both membership and the members of the Town Board and other interested parties, I think there are other options that the squad and the town should look at. SUPERVISOR BROWER-Are these new developments? MR. NORTON-In our own agency we've battered a lot of this around but I feel that there still needs to be some work. SUPERVISOR BROWER-Are you, so you're speaking as a member of the public but you're not speaking on behalf of the squad? MR. NORTON-That is correct. Our agency had already made a vote and they have voted to locate the new building at the site that you are proposing here tonight. I'm simply asking that you just table that for sixty days and look at some other options that might be available. COUNCILMAN BOOR-Are you EMS or fire? MR. NORTON-EMS sir, I actually do both but I'm, I do EMS and fire. COUNCILMAN TURNER-Chris, can I ask you a question? MR. NORTON-Yes, sir. COUNCILMAN TURNER-Why wasn't this raised long before this? MR. NORTON-I can't answer that from a public standpoint. I know that we raised it at our own meeting but I was hoping that we could do that in our own meeting and not have to bring it here. COUNCILMAN TURNER-Well, we only heard from the people, evidently they were in support of it and not the people that were against it when we had the workshop. SUPERVISOR BROWER-Well, if you're asking us to postpone, do you have specific property in mind that would be an alternative? MR. NORTON-What I would like is to have the board and the members of that organization sit down and look at some other site locations, it's a very, I believe a complex issue as to where the building should be located and some other options that maybe not had been discussed before that we maybe should look at and I think this is a perfect time to do it before the town makes such a large investment into locating the building and then building a new building. SUPERVISOR BROWER-Okay, well I appreciate your comment, thank you. Is there anyone here on behalf of the leadership of the West Glens Falls Emergency Squad that would like to speak? Catherine, good evening. Please state your name and address for the record. MS. CATHERINE WEBB-My name is Catherine Webb and I'm a Senior Board Member of West Glens Falls and as I speak for West Glens Falls, we've taken a vote and the body of the vote is that we purchase this land for thirty thousand dollars with a ten thousand dollars worth of soft costs for surveying. I've gone to everyone of your workshops, we've worked at it hard and we've taken, all I can say is, the vote of the body was to purchase this land. COUNCILMAN TURNER-Was it a substantial vote? Was it a substantial vote? MS. WEBB-Yes, it was, yes. SUPERVISOR BROWER-Thank you, Catherine. MS. WEBB-You're welcome, thank you. SUPERVISOR BROWER-At this point in time, I'd like to open the public hearing to any members of the public that would care to comment on the proposal to purchase the land. The land's located right next to, or adjacent to the West Glens Falls Volunteer Fire Company, for those of you in the audience that aren't aware of it. Would any members of the public care to speak on behalf, during this public hearing at this time? MR. PLINEY TUCKER, Division Road-Pliney Tucker, Division Road. Aren't they going to use their own funds that they raised through donations and what -have-you to purchase this property? SUPERVISOR BROWER-Presently, no. MR. TUCKER-Presently, no? SUPERVISOR BROWER-That's not the proposal. MR. TUCKER-I thought a workshop I was at that that's what they were going to do, use their own money. SUPERVISOR BROWER-No, that's not their proposal. MR. TUCKER-Thank you. SUPERVISOR BROWER-Thank you, sir. Would anyone else care to address the board at this time? MR. JASON MILLER, Pinewood Hollow-My name is Jason Miller, I live on Pinewood Hollow in the Town of Queensbury. Like Chris, I'm also a member of the West Glens Falls Emergency Squad but speak as a member of the community. The concern I have with placing, with the purchase of the land is that we service a broad area and the place that we're looking to relocate to is not centrally located, it's not near where the call volume is presently. I can tell you numbers but I don't think that is what we're here to do tonight. Like Chris, I'd also like you to reconsider voting on this tonight and push it off for sixty days so that we can sit down and we can present you with the numbers and we can show you a map of our district and where we cover and where the proposed building is situated right now and where we are currently. SUPERVISOR BROWER-Thank you very much for your comments. Would anyone else care to address the board this evening regarding this public hearing? Okay, seeing none, the only thing I will, would like to add is that we have three EMS squads in the town, North Queensbury, Bay Ridge and West Glens Falls and West Glens Falls I believe is probably the busiest, I know they're the busiest squad in the entire town. They do cover a good area but frankly when the emergency squad approached us, we actually, we somewhat forced the issue, when they first originally came to us, they wanted a larger, an addition to their building and some improvements to the building a couple of years ago and we ask them to please to hold off cause we had some things in the works and we weren't quite sure how it was going to shake out. And of course then, we now have the connector road that we're in the process of trying to finalize and establish, the connector road will link Main Street with the Luzerne Road and in affect, displace the eergency squad from their current location. They actually approached the fire, West Glens Falls Fire Company and West Glens Falls was open to considering selling the property next to their existing fire station. When they brought to our attention, we thought that it was a good location, it wasn't much further from the Northway then their existing location but it also had quicker access to Luzerne Road, or Sherman Avenue and potentially other parts of Queensbury via other routes. So, I think that, you know, right along or for at least the last, I'd say close to a year, we've assumed that this was a good location. We felt it was supported, I think the board felt it was completely supported by the membership and leadership of the emergency squad and with no other options having been even mentioned, I'd find it difficult to delay a decision with no specifics in mind for an alternate. Typically, if you're going to propose a delay and a better location, you should have something in mind I would think and since haven't heard that, my inclination would be to support the proposal. But, I'd like to know how other board members feel. COUNCILMAN STEC-Dennis, I agree with what you said, I just have two questions that will help me feel a lot better about going that way. Do you have any new news about the connector road as far as the time line? Is it, I mean are there, because that's what's been pushing this whole thing off and if you say, well, it's going to be another year or so, then maybe we can afford another thirty days or sixty days. SUPERVISOR BROWER-Well, actually the properties have been purchased, the two properties have been secured by the QEDC, the Queensbury Economic Development Corporation with the intent of enabling this road to occur and I really view this happening sooner then later. The idea would be to establish this road this year prior to the start of construction of Main Street which will occur next year so that it can help alleviate some traffic not only, both vehicular traffic as well as potentially truck traffic in the future and I think it's an important thing that we do. We've already committed ourselves, committed the town to this action and I think we should continue in that vain. COUNCILMAN STEC-No, I mean, we did and I agree, you know that I was under the strong impression that we were talking to the people that could speak for the rest, and I still believe that we were talking to the right people at the rescue squad. I mean, this board is certainly no stranger to you know, non-unanimous votes and so I'm, you know, I mean a little dissention I don't think is out of the ordinary and I agree that I don't want to put it off any longer then we have to. But if, at the same time, if and maybe sixty days isn't the answer but maybe we say, alright, maybe we'll vote on this in two weeks and I don't know if two weeks presents a problem anywhere but maybe if, I don't know why sixty days is a magic number, I'm inclined like you to vote on this tonight, yes but you know, at the same time we're talking about a lot of money and I don't want the criticism will be, we rushed into even though, I don't think we did. COUNCILMAN BREWER-It's been three years. COUNCILMAN STEC-Well, that's why I'm saying, but if we can afford two weeks, maybe but at the same time, I agree with you that we've been in this for a long time and this is a very recent wrinkle that we hadn't heard and I don't know if the timing is appropriate. COUNCILMAN BREWER-But, having said that, the squad has known about this and no disrespect to anybody that doesn't want to do this but we've given them more then enough time to come to the Town Board to say, you know, I think you guys are making a mistake, here's something we can do to make it a better project and that hasn't happened. On the eleventh hour, I mean we're ready to vote. SUPERVISOR BROWER-And this action obviously would be to secure the property. COUNCILMAN BREWER-Right. SUPERVISOR BROWER-For a potential building and of course then the building would come later. COUNCILMAN BREWER-Yea, and by no means are we ready to build a building tomorrow. COUNCILMAN STEC-And that's the other thing too, right, it's not like any of this couldn't be undone if somebody says, oh my God, how did we miss this, you know, I mean, it's not like it would be money lost, it would just be a transaction that occurred, it will still be an asset to the fire and EMS. So, you're right, maybe if we proceed now because we have, we've put this off, the rescue squad hasn't put this off, government's put this off, if we proceed now and we find out before they put a shovel in the ground or before they spend substantial money that somebody says, hey, you guys should have done this, it all wouldn't be lost if we proceeded with the purchase and then decided not to build there. COUNCILMAN BREWER-Or, at the minimum, couldn't we have the EMS squad and the fire company come together and make some kind of an agreement in their contract that if, for whatever reason, they don't build the building on that parcel then the property reverts back to the fire company and they get their money or whatever, less whatever expenses they've used. COUNCILMAN STEC-I mean, I think that's a good compromise for, because I understand both sides of the issue, I do think that the majority down there has spoken but I think that that's a good option that doesn't really cost us anything, if they both can agree to it. SUPERVISOR BROWER-Well, I think that if we agree tonight or some other time, and I would hope it would be tonight, to be frank with you, if we agree tonight that this is the property that they should locate to, I think we're committed, personally, I mean, I think we're committed, I think the squad's committed to construct a new facility. They did delay, they've been very patient actually and they've delayed probably two or two and a half years now in making any changes to their existing building. Granted, they are hoping to get a larger building when they construct this building then they currently have to accommodate the needs of their membership and I'm sure further discussions will probably occur regarding the building but I really think we should take action this evening. COUNCILMAN BREWER-Yea, just because we don't, even though, if we do approve this tonight, it doesn't close the door on conversations that we can have with any number of people that if a better idea comes up, I'm sure the membership is not going to turn their heads at it. COUNCILMAN STEC-Right. SUPERVISOR BROWER-Right. Any further comment from board members at all? COUNCILMAN BOOR-I pretty much agree with everything that's been said. I can only say to those of you who came tonight and has some problems with the location, it's, as everybody has said here, this has been ongoing for quite a while and to come up on the night when we're supposed to vote on it and have some concerns, it really doesn't do us any good. We wouldn't get anything done if this could happen on any issue. We have committed to these folks, they've been more then patient. Quite honestly, I think we've dragged our feet a little bit, I think we've made some promises and kind of haven't kept up to it so. I'm inclined to vote on it tonight affirmatively but as Tim pointed out, I wouldn't have a problem if we were to include in the language something where something dramatic showed itself as a new location, it was not only affordable but very viable, that the fire department and EMS could back out of the agreement and the fire department could sell or whatever. But I think we also have to realize tha EMS, fire, whatever, I have to believe that proximity to Interstate 87 is important and the notion that another site would be available, I look at Exit 19, I can't imagine what real estate would cost there or that there's anything even available that would suit the squad. And as far as Exit 18, I don't think you're going to get much closer to the Interstate there either. So, in as much as it may not be the center of where all these calls, the majority of calls occur, I'm not sure we could find a better site and I go back to the point that we've been doing this for two or three years now and it's time we let the EMS know that we are sincere and that we do recognize they need a new location and that we are going to support them. If something falls out of the sky and it's a great location, I'm sure the fire and the EMS will be more then willing to do whatever's necessary so that both parties could come out of it a winner. But, I see no reason not to go with what we've got tonight. SUPERVISOR BROWER-I believe Ward 4 is the largest ward in the town followed by Ward 3 and I believe the site that's proposed is probably, has the best access to both wards. Granted Ward 2 would be a greater stretch but it has been historically so, I don't think we're really putting anybody jeopardy, I think the squads have done an outstanding job fielding the calls that they field and doing the work they do and they're to be commended for their public service on a regular basis. I haven't closed the public hearing so I'll give anybody that still wishes to comment, an opportunity to speak before I close the public hearing. MS. TRUDY COMSTOCK, 827 Ridge Road-My name is Trudy Comstock, I live at 827 Ridge Road and I am a member of Bay Ridge Rescue. My concerns with this, you locating West EMS Building where it is, what about the people that live on the other side of town, the people that live Quaker Road right on the edge of Bay Ridge? We're all volunteers, we have six minutes to get ourselves up out of bed, to the building and to that place in six minutes before they're calling for another agency. You know, I have friends and neighbors that live at that end of town, that it's a concern, if they need to have a rescue squad, that West isn't going to be able to get there, not that they don't try, that's a long ways. SUPERVISOR BROWER-But their concerns won't be much different then they are currently, would they? MS. COMSTOCK-No, but you could make it better. SUPERVISOR BROWER-I mean, we have first responders from the fire companies that often times will, sometimes beat EMS responders to the scene. MS. COMSTOCK-I'm fully aware of that. SUPERVISOR BROWER-Sometimes Empire will beat you to the scene, occasionally. MS. COMSTOCK-Right. SUPERVISOR BROWER-If they're parked in the right location at the right time. MS. COMSTOCK-Right but then taxpayers have to pay for a service that they shouldn't have to pay for. SUPERVISOR BROWER-True, true. COUNCILMAN BREWER-Maybe it's time we look at the districts and maybe the boundaries of the districts have to change. MS. COMSTOCK-That would be good. COUNCILMAN BREWER-I'm mean, I'm not saying they do or don't but if you have concern from Bay Ridge that West doesn't get to Quaker Road, in my mind, common sense that MS. COMSTOCK-Well, it's not a Bay Ridge, it's a, I'm a Queensbury resident and I have that concern. COUNCILMAN BREWER-Right I understand. No, I'm saying Bay Ridge Company themselves don't get to Quaker Road, why is that West Glens goes to Quaker Road when you're, I'm sure a hell of a lot closer? MS. COMSTOCK-I'm sure in some instances but you know, my thoughts are, you know, you looked at the area by the fire department, did you stop pursuing other areas once that property became available? COUNCILMAN BREWER-Absolutely not, no. MS. COMSTOCK-I mean I look, I go up Quaker Road and Aviation Road and there's all kinds of property there. I mean, their district goes from beyond southern 18 up to the municipal center which is 20, that's a lot of territory, 19 or right in that area. COUNCILMAN BREWER-Maybe that's something we have to fix. MS. COMSTOCK-Plus it would be more proximal to the school which I have a genuine concern for it because that's where my kids are every single day of the week. You know, I would certainly like that rescue squad to be closer to my kids during the day. COUNCILMAN BREWER-But then the people from West Glens Falls and from where I live are going to say, well, what about the poor people up there? So how, you can't MS. COMSTOCK- Get West Glens Falls? COUNCILMAN BREWER-Pardon me? MS. COMSTOCK-What do you mean? COUNCILMAN BREWER-If you move to Quaker Road? MS. COMSTOCK-No, no, not to Quaker Road, in the Exit 19 area, not so much Quaker Road or up near Potter Road, up that way, there's got to be property up there and that would give you better access to people on the West Mountain plus the people on the Quaker Road end of their district. COUNCILMAN BOOR-It seems to me that this is something that EMS should be talking with EMS about. You're sitting before the Town Board and we aren't experts on how long it takes you to get from where you're taking off from to where you typically go. MS. COMSTOCK-Right. COUNCILMAN BOOR-You are the experts and if you have these concerns, I would like to see these before we're ready to vote on something. We should be talking about these all along and if the districts aren't correct, or if the locations aren't right, let's talk about it. But like I say, this has been going on for two or three years and now all of a sudden, you know, I wish you had said something earlier and if it's something that needs to be addressed, we should address it and maybe we should be doing that. MS. COMSTOCK-You're right. COUNCILMAN BOOR-But I think it's incumbent on the EMS to be talking with other EMS squads, also, somebody's got to be willing to give up. Right? Isn't that what we're talking about, a little bit of turf here? MS. COMSTOCK-Potentially, yes. COUNCILMAN BOOR-So, isn't that really the rub? MS. COMSTOCK-That I don't know, I'm not involved in that part of it. COUNCILMAN BOOR-Who wants to be, right? MS. COMSTOCK-I just, I mean, I don't normally even come to these meetings, I'm here for a different issue, I just had to voice my opinion. SUPERVISOR BROWER-Well, I appreciate it. MS. COMSTOCK-No, it's a good opinion. SUPERVISOR BROWER-Thank you. MS. COMSTOCK-You're welcome. SUPERVISOR BROWER-Would anyone else care to address the board on this public hearing at this time? MS. CONNIE TUCKER, 73 Glen Lake Road-Good evening gentlemen, my name is Connie Tucker, I'm the President of Bay Ridge Rescue Squad, I also live on 73 Glen Lake Road. The address is actually Lake George but in the Town of Queensbury. I don't really think that you should postpone putting this resolution out. However, I would like to ask that West Glens Falls hold off thirty days before they purchase that property and allow the three squads within the Town of Queensbury to sit down and discuss the potential for another proposal to possibly co-join the squads into one organization to serve the whole public of the Town of Queensbury. But as an avenue, I don't think that they, that you guys should postpone allowing them to purchase that property if those talks fall through. If this is the location that their membership has chosen, although, it would not be my choice for a location but that's up to their membership, I just feel that this might be a better avenue for us to discuss as a group. We all know that i's difficult to get volunteers out, it's difficult for all of us to get our ambulances out a hundred percent of the time so Empire doesn't have to come into our districts and possibly looking at co-joining the organizations, it might be a better idea for all three squads in the Town of Queensbury. It's something some of us have hashed around for a while but haven't really sat down to discuss and maybe now is the time that we do that. Thank you. SUPERVISOR BROWER-Thank you, thank you very much. Would anyone else care to address the board this evening? MR. JOHN KASSEBAUM, Edgewood Drive-John Kassebaum, Edgewood Drive, Ward 2. Obviously, I'm also the President of Queensbury Central, we work with West Glens Falls, we've heard about the proposals on Veterans Road before, I personally, and again, I'm speaking as a resident who have had some questions myself as far as the placement. I'm mean, the reality is, is that where they are now is ideal. They have full Corinth Road, they have easy access to Luzerne Road, very easy access to 187 both north and south because they're right there but the reality is, is that that causeway is going to take away their current building. So, where do they go? And one of the things I thought of was that when I heard Veterans Road was that, I too had some concerns that they kind of buried them a little bit further in. Veterans Road is a great location for West Glens Falls Fire, as far as their Station One because of where they respond to. West Glens Falls Emergency is a little bit different in a sense that they have to go bot ways, they have to go east and west and they have to go north and south and the north and south would be a little concern. So, I understand why there's some concerns, I also I understand why the board and the Executive Officers of the squad want to put it there. My questions would be more so tonight, I understand this has been going around for two or three years, but if there are concerns, as minor or as small as the concerns have been from the audience, is that, is it the right thing to go ahead and even to allocate the thirty thousand dollars if we're not sure there are any other ideas. And also, the next question would be, is West Glens Falls without knowing it tonight willing to sit on the property, not that I think they have another buyer for it, but if we're not sure, again, we're allocating thirty thousand dollars which maybe they will or will not, for all intensive purposes hold in a loan situation? Maybe the idea, as Connie said is to, even if you vote on it, to hold off for thirty days, and I'nmot talking about merges or anything else, but to see if there's anything else? Has any other properties been look at and if they have, then maybe Veterans Road is the best idea. My question would be is to just go ahead and say, we'll go with the thirty thousand dollar idea and then all of a sudden come back and say, well, that really didn't work out, now what? Maybe we should look at it before we go ahead and allocate thirty thousand dollars. COUNCILMAN BREWER-As I recall, when these conversations first took place, the emergency squad went back to the body, discuss it in a committee or whatever they had and said, let's look at property, before this property even came to mind, they looked at property, they looked prices and they just came back and said, you know this, it just doesn't work. So, it's not like this is a new idea that we looked at other properties because we did. I shouldn't say we, the EMS squad did. Certainly, if the membership at that time thought that West Glens Falls Fire Field was not the place for them to be, nobody has come forward with prices, with locations, with anything. And I'm not saying you should stop now and not do that but we've been through this for almost three years. MR. KASSEBAUM-And I agree, I mean we, the people that came tonight don't have prices because some of them didn't realize that this was the case. I did not realize until today that this was coming up tonight but isn't it better to know at any time rather then to never know at all. COUNCILMAN BREWER-Absolutely, absolutely. MR. KASSEBAUM-And I know it's been going on for three years but if there is a question out there, as small as it is, that's why I'm just saying. COUNCILMAN BREWER-Yea. MR. KASSEBAUM-Maybe rather then just, go ahead and allocating thirty thousand dollars and then maybe finding out it's not the reason it should be held off. That's all I'm throwing out there. SUPERVISOR BROWER-Appreciate your comments, thank you. Anyone else care to address the board on this public hearing? MR. JIM WEBB-I'd be glad to. For one thing, I'm Jim Webb from West Glens Falls Emergency Squad, I'm a thirty-six year member there. This thing has not only been going on for three years, it's been going on for four years. We have looked at different spots. Some of the ideas that come out here are great, some have been hashed around before, we haven't thought it was such a great idea, like the merger and what not, okay. That's my opinion, okay, we have never brought it to a vote. As far as access, we started there, when the squad started, at the West Glens Falls Fire Department. We responded from there twenty, twenty-five years, whatever it has been, it always worked. Yea, it is a little more back in but we still have access through the back ways through Sherman Avenue over through that end of town, okay. There was arguments about us having to go through residential area. I also work for Empire and have worked with them for fourteen years, that's where we work, out of residential areas, it does work. We still, the time span that it takes to go into these residential areas, in some case, would be faster. We have first responders that respond strategically in different parts of the town and can get to these spots without any trouble and I'm sure the ambulance can get there too and the first response units. So, I don't think that's a real big problem. As far as the thirty thousand dollars goes, I don't think any place in the town you're going to find anything cheaper then thirty thousand dollars. We have looked at, despite what, I came in late so I don't know what anybody said and I really don't care what they said, I, we have looked at other projects, we have looked at other projects and there's nothing in the town that's going to be any cheaper, less expensive then that. That is a good area, like I said before, we responded from there for years. The only reason we left the fire department that time was to better ourselves, okay, and going back isn't a problem. We have had, not only two votes since 999, we've had three votes, since 1999 with the body to go at that, in that direction. So, that's my point. This is where West Glens Falls Emergency Squad wants it. Again, we've had the three votes there and every time we've had a vote, it's been more then the majority vote to have it there. So, you can hash this thing around for another ten years and you're going to come up with the same vote, okay. I think it's time that you people, as a government vote on this. Okay, and all the stipulations you put in there are fine, you know, maybe we will, the ceiling will fall out and we'll find something else. I doubt it. I've been doing this for four years and we haven't found it. I've been on three building projects, okay, so. SUPERVISOR BROWER-I was going to say you're a thirty-five plus member of the squad, right? MR. WEBB- Thirty-six, okay, but any rate, regardless, and there maybe quicker access, better spots in the town but you're not going to get it for what, and my argument is, we can still respond. When we started the first responder program with the fire department, we started the first responder program with ourselves and we put people in different spots in the town so we could get there, alright, and we do a good job with that and statistics prove that. So, anyway, that's my bid to you guys. I think you need to vote on it, I think that's where our body as a group and West Glens Falls Emergency wants to go. Like I've said, we've had three votes and that's where it's been. So, enough said, thank you. SUPERVISOR BROWER-Thank you. One last chance, anyone want to address the board? MR. PAUL H. NA YLOR- Webby's right. We had a hearse the first time, we scraped the black paint off it, painted it red and we were the emergency squad started out of there. All you had to have was a card that big for fifty cents and you were a rescuer. They didn't get up, you pounded them down and make them stay there but these kids today are good, real good and I like it and I like it in the West End cause it is the West End, okay. So, what's thirty grand to you guys, you spend that much on parties. You've bought some rocks for less that. SUPERVISOR BROWER-I thank you for most of your comments. Would anyone else care to address the board this evening on this public hearing? Seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:40 P.M. Town Board held further discussion and the following resolution was proposed: RESOLUTION APPROVING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE PROPERTY FOR SITE OF NEW EMERGENCY SQUAD BUILDING AND AMEND BUDGET RESOLUTION NO.: 226, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., (Squad) have entered into an Agreement for emergency protection services which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to purchase property from the West Glens Falls Volunteer Fire Company, Inc., to be used as the site of the Squad's proposed new Squad building, for the sum of $30,000 plus an additional amount of $10,000 to cover soft costs including legal fees, survey costs and filings, and WHEREAS, moneys for the proposed property purchase are not included in the Squad's current 2003 Budget and Agreement with the Town, and WHEREAS, on May 5th, 2003, the Town Board held a public hearing concerning the Squad's proposed property purchase and amendment to its 2003 budget and Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal now to facilitate continued provision of necessary emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s proposal to purchase property from the West Glens Falls Volunteer Fire Company, Inc., and authorizes an amendment to the Squad's 2003 emergency services budget and Agreement with the Town to provide up to $40,000 in funding for the property purchase and associated expenses, and BE IT FURTHER, RESOLVED, that the Town Board authorizes an increase in appropriations (005-1940-2820) Acquisition of Land in the amount of $40,000 to be financed through additional appropriated fund balance (005-0005-0599), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad to provide for the property purchase in form to be approved by Town Counsel, and BE IT FURTHER, 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 2003 Town Budget assnecessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 5th day of May, 2003 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None PUBLIC HEARING - Bay Ridge Rescue Squad, Inc. 's Proposal to Trade In and Purchase Heart MonitorlDefibrillators and Amend Budget Notice Shown 7:50 P.M. SUPERVISOR BROWER-Connie, would you care to come forward on behalf of the squad? This is a proposal to purchase a twelve lead monitoring equipment, they're defibrillators as well. Go ahead, Connie. MS. CONNIE TUCKER-As we stated in our workshop, we have had the same monitors since the late 1980's, early 1990's which are now outdated. They are no longer going to be able to be repaired, to be able to get parts for thern. We've been very fortunate with them, that they've held up this long but the other two organizations in the Town of Queensbury have updated equipment and it's time that we went with the more updated equipment. We waited until the technology was sound before we made such a large purchase. When we purchased our life pack tens, they were almost ten thousand dollars a piece. New monitors are more then double that now but the technology is much better. They will service the community better especially with the hospital now doing emergency angioplasty, they are going to afford us to get up to the 2001 mode with the other two organizations in the town and be able to give better service. UNKNOWN-And then as Connie was saying, we're looking at replacing our monitors with three new ones, the life pack twelves which will also allow us to update some other equipment at the same time. These will have automatic BP cuffs built into them that will allow us to get rid of some older automatic BP cuffs that are, again, getting outdated, they're ten years old to six years old each that are going to end up costing more in repairs in the long run. So, it's an upgrade of not just the defibrillators but some other equipment as well. SUPERVISOR BROWER-And you're using fifteen thousand dollars of your 2002 unspent operating funds and requesting fifty-five thousand dollars in funding from the town, correct? COUNCILMAN BREWER-I thought I remembered a number like thirty-six or something? MS. TUCKER-We have, I think the proposal was, we have twenty-nine thousand dollars left over from our budget from last year because we didn't replace one of those monitors last year as was planned. COUNCILMAN BREWER-So, it was twenty-nine was the number? MS. TUCKER -But we had twenty-nine thousand left over in our budget towards the purchase of these monitors. We were just looking for the additional monies. I think when we sat down with Henry initially we had talked about possibly getting a loan and using fifteen thousand as the down payment and then utilizing the rest of the monies to pay the payments over the year but when we went to the workshop, that had changed. COUNCILMAN BREWER-I just, for whatever reason, thirty-six thousand came to my mind. MR. HENRY HESS, Comptroller-Alright, we had seventy thousand minus fifteen and you had, original discussion was fourteen thousand to reduce some level of debt and I'm not sure what level you had in mind but what you're saying is, if you're not going to borrow the money, use the whole twenty-nine towards this purchase? MS. TUCKER-Right. MR. HESS, Comptroller-Okay, which would change the numbers in the resolution. COUNCILMAN BREWER-Okay, so we have to correct them. MR. HESS, Comptroller-Yea, so it would be forty-one instead of, you'd be putting twenty-nine toward the purchase and forty-one. COUNCILMAN STEC-Forty-one instead of fifty-five, is that correct, Henry? COUNCILMAN BREWER-Look at all the money we just saved. MS. TUCKER-Do you have any other questions? SUPERVISOR BROWER-No, thank you very much though, I appreciate you coming this evening. At this time, I'd like to open the public hearing for any members of the public that care comment on the proposal for Bay Ridge Rescue Squad to purchase twelve monitor or lead defibrillator units. Would anyone care to comment? MR. GEORGE RYAN-Hello, how are you guys doing? SUPERVISOR BROWER-Good evening, please state your name and address for the record please? MR. RYAN-George Ryan, 955 State Route 149 and I think that the fire department needs whatever they need. But what the town needs, instead of coming here, it takes time and money, if we could get a town advocate to work with the citizens of the town and the fire departments when they come across this stuff and to deal with the citizens on problems that they have, somebody that wants to listen with an open ear, if it's right or wrong. And we put a committee behind them, the town advocate could come here with these guys and say look, they're going to do this, these people wouldn't have to come from their time, they're volunteers, they're trying to build the fire departments just like a person is trying to build a business. It's tough when you come there and the guy comes to you and says, huh, you're doing this wrong. And you say to the guy, well, can you show me? He says no, he says, I'm telling you, you're doing it wrong. Or if you call the Town Supervisor and they don't call back or if a Judge calls you nd he says, and you have a problem with the Judge, I have a problem with a town worker and I says to the Judge, the guys a great guy, I like him but he's uneducated and the Judge says to me, well, what you do you mean? And I says, your Honor, he says, he's a very smart individual but he's uneducated on this issue. And the Judge says, go back and tell the Town Supervisor what you told me and the Town Supervisor don't get back to you and he doesn't realize what the word supervision is and he doesn't follow through and say, I'm the Supervisor and let me listen to you. SUPERVISOR BROWER-Mr. Ryan. Mr. Ryan, are you being specific to this public hearing? MR. RYAN-No, I'm not being specific, I'm talking in general. SUPERVISOR BROWER-Because if you're not, sir, you'll have to sit down. MR. RYAN-No, I'm being, what do you want me to be specific to? I am sitting down. SUPERVISOR BROWER-Who, are you being the town advocate, supposedly. MR. RYAN-No, I don't want to be the town advocate. SUPERVISOR BROWER-Currently MR. RY AN-I would like the town to hire SUPERVISOR BROWER-For this proposal. MR. RY AN-I would like the town to hire a town advocate for whatever price they would like to put onto it so when a person has a problem with the fire department wants to put it or George Ryan or Tom Blow or Mr. Jones who we're going to take to court. Have you ever sat in the court room on a Monday morning and see what the people are going for? SUPERVISOR BROWER-Mr. Ryan, do you support this proposal? MR. RY AN-I support the fire department and I support SUPERVISOR BROWER-The EMS squad for this proposal? MR. RY AN -Yes, I do a hundred percent and I support SUPERVISOR BROWER-Thank you. MR. RY AN-I think we need a town advocate, somebody that could help us as the people, at the fire department or any level. SUPERVISOR BROWER-Well, thank you for your input, if you'd please have a seat, I'd appreciate it. MR. RY AN-I am sitting. SUPERVISOR BROWER-No, not there, though. MR. RYAN-Thank you. SUPERVISOR BROWER-Okay, would anyone else care to comment during this public hearing, please. Anyone for the public hearing, on the monitors? Seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:55 P.M. The following resolution was proposed as amended: RESOLUTION APPROVING BAY RIDGE RESCUE SQUAD, INC. 'S PROPOSAL TO TRADE IN AND PURCHASE HEART MONITORSIDEFIBRILLATORS AND AMEND BUDGET RESOLUTION NO.: 227, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Squad has advised the Town Board that it wishes to trade-in its heart monitoring equipment/defibrillators and purchase new, updated Life Pack Twelve Monitor equipment for the net sum of $70,000, and WHEREAS, moneys for the proposed equipment trade-in and purchase are not included in the Squad's current 2003 Budget and Agreement with the Town, and WHEREAS, the Squad wishes to use $29,000 of Year 2002 unspent operating funds toward the trade-in and purchase, and WHEREAS, on May 5th, 2003, the Town Board held a public hearing concerning the Squad's proposed equipment trade-in and purchase and amendment to its 2003 budget and Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is important for public safety reasons to upgrade such heart monitoring equipment/defibrillators and that the Town Board has determined this should be done this year, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Rescue Squad, Inc.'s proposal to trade-in its heart monitoring equipment/defibrillators and purchase new, updated Life Pack Twelve Monitor equipment and amend its 2003 emergency services budget and Agreement with the Town to provide up to $41,000 in funding for the equipment trade-in and purchase by amending the Squad's 2003 Operating Budget, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes an increase in appropriations (005-3410- 4400) Misc. Contractual in the amount of $41,000 to be financed through additional appropriated fund balance (005-0005-0599), and BE IT FURTHER, RESOLVED, that the Squad may use up to $29,000 of unspent 2002 Operating Budget funds toward this purchase, and BE IT FURTHER, RESOLVED, that any additional funds needed to complete this transaction will come from the Squad's 2003 Operating Budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Squad to provide for the equipment trade-in and purchase in form to be approved by Town Counsel, and BE IT FURTHER, 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 2003 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Comptroller to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 5th day of May, 2003 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None CORRESPONDENCE Deputy Town Clerk Barber noted that the April 2003 Monthly Report for Solid Waste has been received and filed. OPEN FORUM 7:55 P.M. MR. DOUG COON, 32 Bayberry Drive-Referred to Resolution 5.16, 'Resolution Adopting SEQRA Negative Declaration and Amending Zoning Ordinance to Change Classification of Property Located on Bay Road from Professional Office (PO) to Single Family Residential 20,000 (SFR-20)', noted that he owns sixteen acres there and would like to request a zone amendment for his property proposing a SR20... MR. CHRIS ROUND, Executive Director-You have a resolution in front of you tonight, if there is some other zoning that's proposed, it has to start back at the process. This particular project has been referred to Warren County Planning Board, the Town's Planning Board, the recommendations have been made, the town conducted a public hearing. So, if you chose not to act on this, what's in front of you, you have to start over, it's a several months process. I think the board heard some of the same arguments during the public hearing process and then I think in response to that, conducted the workshop and the debate was not what was allowed, it was where the zone line should appear and the conclusion on it, I'm not sure if it's articulated in the minutes, the conclusion of the workshop was that, if Mr. Coon had proposed to do something other then what was allowed in SFR, that you could entertain the application to do just that, to make the argument for an SR zoning rather then SFR. Again, what we're trying todo is correct, there's an existing residential subdivision where there's single family residences are not allowed because we've zoned it Professional Office, what we're trying to do is correct that and I think if you want to do something other then that, we have to basically start over, start the process again. SUPERVISOR BROWER-You're saying that the applicant could at a later date come in and ask for a variance? MR. ROUND, Executive Director-No, I'm saying, any landowner can apply for a rezoning and the merits of that rezoning would be heard by the board, by the planning board and the County Planning Board and that's the process that you have to follow regardless. If you choose not to act on this resolution tonight, you have to go through that process regardless, whether it's privately sponsored or whether it's a correction as we've put forward to you previously. MR. DAVID STRAINOR, Ridge Road-Noted that he attended the budget meeting at the county and presented copies for the board... It says the impact the 2003 /2004 state budget on Warren County presents a potential shortfall of three million seven hundred and thirty-two thousand dollars... Another concern was the first quarter sales tax revenues are down a hundred and sixty-three thousand forty-five dollars or four percent and it says an addition of the three million eight hundred and forty-seven thousand eight hundred and thirty-three dollars received, seventy-six thousand nine hundred and fifty-six sixty-seven was forwarded to the City of Glens Falls pursuant to the sewer tax agreement reached between Queensbury and Glens Falls. This means the sales tax revenue is actually down six percent in terms of money available for revenue to the county... One of the other things that really surprised me, it says over ten percent of Warren County population or six thousand six hundred and seventy-three individuals we'r receiving Medicaid. The total Federal, State and local share of Medicaid for 2002 was forty-eight million nine hundred and five thousand eighty-eight dollars. The total local share was eight million seven hundred and seventy-one thousand dollars and it says here that seven thousand one hundred and sixty of Warren County's population are receiving Medicaid, an increase of eight percent over last year's numbers. It says, based on this growth, it is projected that eight thousand seven hundred individuals could be on Medicaid by year's end. The total Federal, State and local share of Medicaid through March totals seventeen million eight hundred and nine thousand eight hundred and thirty-eight dollars. SUPERVISOR BROWER-Medicaid is a substantial problem for the county, we have an aging population in our community. In the next five years, it's going to increase substantially. MR. STRAINOR-In Queensbury, we're almost fifty percent of the county, correct? COUNCILMAN STEC-Forty, between thirty-five and forty. MR. STRAINOR-So, most of them are here. SUPERVISOR BROWER-New York State's Medicaid costs exceeds Texas and California combined because we have more options available to our senior citizens in New York State then do other states. Other states have opted not to provide the level of care that New York State's providing to senior citizens which is kind of a magnet for seniors to come to our state, but it's not a concern that we haven't recognized. What we would like to do is see the state freeze our Medicaid share at the least and ideally to do what most other states in the nation do and that's for the state to pick up the entire Medicaid burden and alleviate the local property taxpayer from contributing. MR. DAN OLSON, 29 Carlton Drive-Dave made some good points... There was discussion from the Supervisor from the Town of Chester, I think it's Mr. Monroe whose Chairman of the Solid Waste Committee, Solid Waste Representation from Warren County, I hope this board keeps abreast of what's happening and what the thought is about trash zones... This town operates an excellent transferring system for their residence to make use of... I hope you keep abreast of those issues if it comes up again at the county, I think it's a very, very dangerous procedure for the county and the town to even think about. SUPERVISOR BROWER-I have concerns over that particular proposal as well but there are other options available to the county to try to control trash, one is licensing haulers that already operate within the town, or within the county, excuse me. There are a couple of different proposals that would still enable us to maintain our transfer stations and at the same time, provide for the ability for the county to retain the trash that's being generated within our county so that we can help offset the low tipping fees that we get from outside trash and try to retain as much of the sixty-nine dollar a ton trash which is generated in county to support the burn plant. MR. OLSON-Questioned the tipping fee for the people outside the county? SUPERVISOR BROWER-It varies, everywhere from fifty dollars a ton down to thirty-three dollars a ton, depending on the time of year, the type of contract they're willing to sign. It's a very frustrating situation we're in. MR. OLSON-The point that I came here for is an ongoing problem, it's been going on for quite a while and it's gotten worse now that the warm weather is back again. This is a problem with my neighbor behind my house and about five or six other people at the end of Carlton Drive, Greenway Drive, parts of June Drive, we all border up against the development where Wal-Mart is situation... Now we're faced with the problem of sweeping the parking lots, we're faced with the fact of an ongoing project of delivery trucks unloading at night and the forklift trucks that unload the tractor trailers, dropping the palette in the steel trucks. This makes quite a noise at twelve, one o'clock in the morning when you have your windows open. The parking lot sweeping is done usually between eleven and twelve it starts and goes until about three. We're putting up with noise pollution, we're putting up with tractor trailers that come in, which I don't think are supposed to come in on the side ofWal-Mart where the garage and arden center is and unload the merchandise, they leave their tractor trailers running so not only do you have the noise of the tractor trailer but you also have the diesel fumes. You're looking a noise pollution, air pollution, lights that are on all night long and this time of year, we can start hearing the PA systems again that broadcast through the store.... Now we're faced with the fact that Wal-Mart is proposing before the Zoning Board and the Planning Board a proposal to tear down the AMES store and rebuild that store area and make it into a Super Wal-Mart so the whole problem is now multiplied much bigger. My reason for being here tonight is to let you people know you're are the Town Board, you are the town fathers, you set the rules and regulations... We're facing a golden opportunity here to switch all the deliveries, take a big burden of truck traffic, a big burden of noise pollution and everything away from the Carleton Drive, Greenway side, put it on Weeks Road... I think the hours of operatio that they can make deliveries, the hours of operation of outside maintenance could be restricted. .. COUNCILMAN BOOR-Dan, you probably already know, but as a Town Board the only authority we have is to pass ordinance like noise ordinances or try to do something like that, we're not really involved in Site Plan Review. MR. OLSON-I'm aware of that, we'll be back at that requesting these things that we're talking about and maybe re-looking at the whole project, maybe they should not be allowed to build a building of that size on that piece of property. You go down to Saratoga and look where these large super stores are built, there's a lot of area around them that's open, that no one's building there for buffering areas. COUNCILMAN BOOR-The zoning is already appropriated so that's not an issue so it's really the Planning Board is going to be the board that's going to be able to help you out the most. MR. OLSON-I'm not saying that it's possible to defeat the whole thing and move out of town but I'm saying that there has to be some limitations, there has to be some restrictions because you still got the neighborhood that's trying to live there and keep their quality of life going that may want to sell their property in the future... SUPERVISOR BROWER-I think it's important for you to let the Planning Board know your concerns and the Planning Board can make stipulations that will assist you in achieving some of the objectives you're trying to reach. MR. OLSON-Well, we have to have a better situation then we have presently because it's going to multiply twofold when they go for this other operation. COUNCILMAN BOOR-I would suggest writing letters now to the Planning Board preemptively so that it doesn't sound like when they come up with a plan that all of a sudden people come out of the woodwork and don't want it. I'd let them know you've got a problem right now and you're not happy with the way it is right now. MR. OLSON-I would hope that the town, that's why I'm here, you're the Town Board Members, you've got zoning people here, you've got an attorney here, they should be able to SUPERVISOR BROWER-We also have a member of the Planning Board. COUNCILMAN BOOR-This is the guy right here is, he's the only one that's going to be able to do anything about it. MR. OLSON-Well, they should be aware of these problems and I would think that the people sitting around this table that are employees of the town that deal with these things would look into these matters, I don't think you should have to motivate them and push them into it. They can be reminded but I think they have an obligation too, to start looking into some of these things. There's nothing wrong in suggesting something and bringing something, even if it doesn't fly and isn't right, at least they've done something, you know, that's what they're employed for and that's what they're paid for to do. Thank you for your time. MR. PLINEY TUCKER, Division Road-Questioned Town Counsel Hafner whether he was able to look at the information on the land at the water plant? TOWN COUNSEL HAFNER-I thought I showed you what we had. MR. TUCKER-Well, I was satisfied but you said you were going to, hadn't had time to really look at it. TOWN COUNSEL HAFNER-Okay, I haven't done anything further since we last talked. MR. TUCKER-Noted that he saw in the paper advertising for bids for a new roof on the fire house at West Glens Falls and questioned whether Mr. Brewer knew what that was all about? COUNCILMAN BREWER-We talked to West Glens Falls Fire Company last fall, before contracts and they mentioned to us that their roof, the old part of the building was leaking. We told them, we would see what we could do to help them get it fixed but we needed specs and we needed prices to see what kind of money it was going to cost to fix it so that's what it's all about. MR. TUCKER-This has nothing to do with the new construction? COUNCILMAN BREWER-No. MR. GEORGE RYAN, Route 149-Recommended town advocate, somebody that could speak for the people... SUPERVISOR BROWER-Voluntary compliance is the optimum that the town seeks, matter off act, we rely on it for good government, we rely on people like yourselves to follow the rules and not to pull tricks.... I happen to personally know the manager ofWal-Mart, he's been the manager for three years, I will talk to him about Mr. Olson's concerns. He may be able to alleviate some of the concerns but certainly, I think a very appropriate action would be for Mr. Olson as Mr. Boor had suggested, to go to the Planning Board, voice his concerns about noise and delivery times and things of that nature so that they, not only are aware of it, but possibly can help with that situation. MR. RY AN-I would ask this town to take a look at it, make a resolution or whatever, put it on a referendum, we need a town advocate, we're getting too big and there's rules and regulations and you guys are all too busy and if we had somebody to look out for the public interests with the extra money that we have in our tax coffers, and that's going to go back to the tax people... OPEN FORUM CLOSED RESOLUTIONS 8:40 P.M. RESOLUTION AUTHORIZING PURCHASE OF POOL COVER AND ASSOCIATED EQUIPMENT FOR GURNEY LANE POOL RESOLUTION NO.: 228, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 Parks and Recreation Director has advised the Town Board that a new pool cover and associated equipment is needed for the pool facility located at the Gurney Lane Recreation Area and a multi-sectional insulated thermal cover for this outdoor pool facility will help to keep the temperature of pool water warmer as well as reduce evaporation, and WHEREAS, the Queensbury Recreation Commission has previously authorized that a pool cover be purchased for the outdoor pool facility at Gurney Lane, and WHEREAS, the Parks and Recreation Director obtained proposals for the pool cover and equipment and has requested Town Board approval to obtain the pool cover and equipment from Lincoln Equipment, Inc., for an amount not to exceed $9,728.60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town's Parks and Recreation Director purchasing the requested pool cover and associated equipment from Lincoln Equipment, Inc., for an amount notto exceed $9,728.60 to be paid forfrom Account No.: 001-7110-2080, and BE IT FURTHER, RESOLVED, that the Town Board authorizes a 2003 Budget amendment and transfer of $9,728.60 from Contingency Account No.: 001-1990-4400 to Account No.: 001-7110-2080, and RESOLVED, that the Town Board further authorizes and directs the Parks and Recreation Director, Town Comptroller 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 5th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Boor, Mr. Turner NOES Mr. Brower ABSENT: None DISCUSSION BEFORE VOTE: SUPERVISOR BROWER-I have a question as to, couldn't this come out of the Rec Commission Account? MR. HESS, Comptroller-It can come out of that fund if you take the time and I think there's a notice requirement, I think it's thirty days. The request by the Recreation Commission was to get this purchase done so it can be installed. That's the way it was presented and that's the way the resolution is written. SUPERVISOR BROWER-But thirty days notice, if they order the product, by the time it was received and billed? MR.HESS, Comptroller-You can't issue a purchase order against non-appropriated funds. SUPERVISOR BROWER-I'd like to ask our Director of Recreation, Harry Hansen, Harry can you tell me, once you order this product, how long would it take for it to be delivered? MR. HARRY HANSEN, Director of Parks and Recreation-Probably about two to three weeks, we're trying to get it in by the time we open the pool on Memorial Day weekend and then it will help warm the pool. We've got a problem and have had since 1986, it's an outdoor concrete pool, it's quite chilly and the patrons in the morning don't like to get in before nine o'clock. If we could, we'd like to get them started seven- thirty, eight o'clock at least for swim lessons during the sununer time. This year it's going to be a big factor because you don't have the school pool and you probably won't have the school pool next year as well. So, all of our lessons are going to be at Gurney Lane, we've got to double up on everything this summer and probably the following summer. This will make the water warmer, they say, upwards to almost ten degrees in some instances. A thermal insulated pool cover, this will also be weighted, it will be in six sections. It will have a roller, a triple stainless steel roller approximatey sixteen feet long. We bid it out to four pool companies and two responded, this was the low bid. SUPERVISOR BROWER-I really don't object to the town purchasing it, I think it's a good idea, Ijust would like to see it coming out of the Rec fund. COUNCILMAN STEC-I've been following the Rec Commission for a while and I know that they've got some large expenditures on the horizon which I am fully supportive of. I understand your point but dropping ten from the contingency to get this in three weeks, four weeks quicker and let residents enjoy the pool at a reasonable temperature that much earlier, I think is money well spent. Although, it would have been nice if we had thought of this in February because I would have preferred to do it from the Rec account, I don't have a problem today voting as it's written. SUPERVISOR BROWER-I guess that was my concern is that we've had a lot of time that has already transpired and you know, when it comes to us in a quote, unquote emergency situation, we're more inclined to, we seem to be more inclined to respond to it. COUNCILMAN BREWER-When it's February and you've got three foot of snow on the ground and it's ten below zero, you don't really think about swimming I guess. How much money is in the contingency? MR. HESS, Comptroller-Two hundred thousand dollars. COUNCILMAN BREWER-Let's do it. COUNCILMAN BOOR-Does this contingency cover anything and everything? MR. HESS, Comptroller-The board can decide that a purchase or an expenditure that was not contemplated is worthy, from any department, is worthy, you can transfer money to that expenditure. COUNCILMAN BOOR-Okay, well, that's what it's there for, so. COUNCILMAN STEC-And I think it's worthy... VOTE TAKEN: SUPERVISOR BROWER-I'm going to vote no because I feel it should come out of the Rec fee. RESOLUTION AUTHORIZING ADOPTION OF TOWN ADOPT -A-SIGNPOST PROGRAM SUPERVISOR BROWER-Before you read the correspondence, I would just like to indicate that two years ago, I got annoyed pretty badly because my signpost on the corner of my property was rusted to beat the devil. Actually, there were two signposts side by side and they were all rust and it was flaking so I grabbed a wire brush and I went out and wired brushed it and I took rust aluminum and I painted the post with a dark green and then came back and painted it with a regular paint over top of it and it sure improved the look of that property. And it bothered me for a long time and I talked to, or attempted to talk to Rick and ended up talking to Mike Travis about it and Mike said, well, you really should consider some type of, you know I don't have a problem with that being done but you should consider some type of legal documentation that would be similar to adopt-a-highway where people sign an agreement with the town and pick up trash along the roads allover the town, and matter of fact, the Highway Departnmt even recognizes many of them by establishing a sign that says, adopted by so and so, either an organization or an individual or a family and that's been a nice prograrn. So, Bob Hafner drafted a proposed agreement that's similar in many respects to that agreement which basically absolves the town from liability, the people that would like to do this should contact the town, come in and read and sign the agreement to protect the town from potential liability and I think it's a way to beautify the town. When I was talking to Mike, Mike said, well, you know, for a couple bucks more, I can get galvanized signs that won't rust and I said, that's a great idea, why don't you consider it and he said, we will consider it in the future. But all the existing signs are regular steel posts, I guess, and they do rust and there are hundreds if not thousands of them within the town and I just thought it'd be a way, an inexpensive way that citizens could participate in beautifying their community. It wouldn't cost the twn anything and it would make people proud of their, possibly more proud of their neighborhood and that was the intention behind this. I was a little bit surprised to read a memo by our Highway Superintendent Rick Missita today but I won't read it to you, I'll let our Caroline Barber read it to you. DEPUTY TOWN CLERK BARBER read the following into the record: TO: Town Board FROM: Richard Missita, Highway Superintendent In reference to the Resolution on this evening's Town Board agenda proposing adoption of a Town-wide "Adopt a Signpost" Program, I wish to voice my objection to such Resolution and Program. I am opposed to this Program because I am concerned about potential liability issues and the potential for vandalism. In addition, the Highway Department is currently in the process of changing from the green posts proposed by the Program, to galvanized posts which will not rust. I hope you concur with the suggestion not to adopt this Program and I will be happy to address any questions or concerns you might have. Thank you. SUPERVISOR BROWER-Now I don't, I truly don't understand the objection because the agreement that accompanies the resolution protects the town from any potential liability as I read it. So, I really don't understand the Highway Superintendent's objection to this, I'm actually even surprised that it's before us today. MR. HESS, Comptroller-I just want to make a comment regarding the liability, I agree that the release does acknowledge the person whose doing it, taking the liability, it doesn't necessarily relieve the town of liability because you never can do that entirely. But we have run this past our insurance company and counsel and both concur that we've limited liability to the extent possibility. SUPERVISOR BROWER-And at the same time potentially beautifying our community. MR. HESS, Comptroller-Yes, exactly. SUPERVISOR BROWER-Well, I guess the question before the board is what's the greatest risk and is there really a risk? COUNCILMAN BOOR-You know, I'm kind of speechless. There's a lot of things that bother me visually but I can't ever remember seeing an ugly signpost and you know, I'm really thinking. SUPERVISOR BROWER-So, that never bothered you? COUNCILMAN BOOR-No, and I, for the life of me I couldn't tell you where there's a bad one. So, it's okay with me, I'd prefer to see adopt-a-highway pickup trash type charity stuff. COUNCILMAN STEC-Absolutely and we've got that. SUPERVISOR BROWER-Well, it may not appeal to everybody but we've had I think three or four phone calls already asking, you know, when can we get the forms. COUNCILMAN BOOR-But there's no standardization of colors, there's no SUPERVISOR BROWER-Yes there is, dark green. COUNCILMAN BOOR-Yea, and you know, I can show you about fifty-five different dark greens and some of them, you're aren't going to like. SUPERVISOR BROWER-Well, let me ask you this, if the signpost don't spark your interest because you never think of painting your own signpost, what objection do you have someone painting it slightly different color then maybe the dark green I might use? COUNCILMAN BOOR-I'm afraid I'm going to start noticing thern. SUPERVISOR BROWER-Noticing the signposts? COUNCILMAN BOOR-Yes. Seriously. SUPERVISOR BROWER-But you don't now? COUNCILMAN BOOR-No. SUPERVISOR BROWER-Okay, alright. COUNCILMAN BREWER-I think what we should have done was had a discussion about this before it came to us as a resolution. COUNCIMAN STEC-We may want to pull it. COUNCILMAN BREWER-And just talk to Rick and find out what his COUNCILMAN BOOR-Well his is liability, mine is aesthetics and I think there is, even with an iron clad SUPERVISOR BROWER-But there's liability potential with a, the highway issue with COUNCILMAN BOOR-Sure, you can always be sued, it can be a terrible lawsuit that you have to pay to defend. SUPERVISOR BROWER-But with the adopt-a-highway, you already have that liability. We already have numerous people who have adopted portions of the highway. We, the Rotary Club, we walk Aviation Road, they walked it two weekends ago picking up trash. COUNCILMAN BOOR-I would just, my only, the only anecdotal thing I can give there is, typically a not- for-profit type organization such as you are referring to, does not have the character associated with it that would frivolously launch a lawsuit. Whereas, some individual might and I'm not saying this, I'm sure this is, would hold up in court but we'd still have to pay to defend it. SUPERVISOR BROWER-As we would any lawsuit that COUNCILMAN BOOR-Right, so you're SUPERVISOR BROWER-we could potentially face from any citizen. COUNCILMAN BOOR-Absolutely, you're just opening up some more liability, that's all. It's not good or bad, it's just COUNCILMAN BREWER-Or inviting. COUNCILMAN BOOR-more liability, you know. SUPERVISOR BROWER-So, let me ask you, do I sense then the feeling from the board that you'd like to pull this and have the Highway Superintendent discuss it with us in a workshop? COUNCILMAN STEC-Yes. COUNCILMAN BOOR-Yea and anybody else that has an interest. SUPERVISOR BROWER-Alright then I think that would be appropriate, we'll pull the resolution from tonight's agenda and we will ask Rick Missita and Mike Travis to join us in a workshop next week. RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION "GREAT STRIDES" WALK-A- THON RESOLUTION NO. 229,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its "Great Strides" walk to cure cystic fibrosis as follows: SPONSOR: Cystic Fibrosis Foundation EVENT: GREAT STRIDES WALK DATE: Saturday, May 17th, 2003 TIME: 9:00 a.rn. - noon PLACE: Beginning and ending at West Mountain (Letter and map regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PERFORM SUB SURF ACE INVESTIGATIONS IN CONNECTION WITH MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 230, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.c. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan Project (Project), and WHEREAS, by Resolution No.: 154,2002, the Town Board authorized engagement of Barton for additional engineering services in connection with the Project in order to extend the sanitary sewer system outside the Project's boundaries, and WHEREAS, by Resolution No.: 362,2002, the Town Board authorized engagement of Barton for additional engineering services related to pursuit of the Town's goal of placing all of the Project's utilities underground, and WHEREAS, the New York State Department of Transportation (DOT) has requested that the Town conduct subsurface investigations in the area of the Project's proposed sanitary sewer across the Exit 18 interchange along Corinth Road and Barton has offered to conduct the required investigations for the Town for an amount not to exceed $3)00 as delineated in Barton's April 24th, 2003 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. to conduct the required subsurface investigations referenced in this Resolution and as delineated in Barton & Loguidice, P.C.'s April 24th, 2003 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an appropriation of $3)00 for these services and directs that payment for these engineering services shall be from the Exit 18 Corridor Enhancement Capital Project, Capital Construction Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Wastewater Director or Deputy Director, Town Comptroller and/or Town Supervisor to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.c., CONSULTING ENGINEERS FOR PREP ARA TION OF LUZERNE ROAD SEWER FEASIBILITY STUDY RESOLUTION NO.: 231, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury's Executive Director of Community Development and Deputy Wastewater Director requested a proposal from Barton & Loguidice, P.c., a professional engineering firm, for the provision of a sewer feasibility study in the area along Luzerne Road between the Northway and VanDusen Road in the Town of Queensbury, and WHEREAS, Barton & Loguidice, P.c. has offered to provide the specified engineering services for an amount not to exceed $8,900 as delineated in a copy of the April 15th, 2003 proposal presented at this meeting, and WHEREAS, the Executive Director and Deputy Wastewater Director have recommended that the Town Board engage the services of Barton & Loguidice, P.c. to provide the specified engineering services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.c. for the provision of a Luzerne Road Sewer Feasibility Study in accordance with its April 15th, 2003 proposal presented at this meeting for an amount not to exceed $8,900 to be paid from Engineering Services/Consultant Fees Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for the engineering services should be made from 2003 appropriations for this purpose, after services have been completed and a voucher has been approved, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Wastewater Deputy Director, Comptroller and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING APPRAISAL OF PROPERTIES INVOLVED IN EMINENT DOMAIN PROCEEDING RELATED TO THE SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 232, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with Eminent Domain Procedure Law ~201 et seq., the Queensbury Town Board acquired certain property rights by Eminent Domain over properties located along Apollo Drive to the south of Quaker Road, north and south of the Queensbury- Whitehall Transmission Line Right- of-Way, including portions of properties identified as Tax Map No's. 303.14-1-33, 303.10-1-10 and 303.15- 1-17, related to creation of the South Queensbury - Queensbury Avenue Sewer District, and WHEREAS, by virtue of the Eminent Domain proceeding, the Town acquired easements over the subject property which allowed the Sewer District Project to move forward, and WHEREAS, the Town is required to compensate the property owners for the property rights obtained, and WHEREAS, the Town Board now wishes to obtain an appraisal of the value of the easements across the properties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an appraisal value of the easements over the properties referenced in this Resolution identified as Tax Map No's. 303.14-1-33, 303.10-1-10 and 303.15-1-17, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to hire an appraiser to make such appraisal for a total cost not to exceed $2,500 to be paid from the appropriate account, sign any documentation, including a contract for services, and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003 by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE ORDER FOR DUMP TRUCK FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 233,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 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 Water Superintendent has advised the Town Board that he wishes to purchase a 2004 Ford F-750 Dump Truck for use by the Town Water Department, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC60113, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Water Superintendent's purchase ofa 2004 Ford F-750 Dump Truck from West Herr Automotive Group in accordance with New York State Contract #PC60 113 for an amount not to exceed $38,889 to be paid for from funds budgeted in the current year, from Account No.: 40-8340-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Comptroller 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 5th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SEAN GORTHEY AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 234, 2003 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town's Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Sean Gorthey as temporary Laborer to work for the summer for the Town Water Department commencing May 19,2002 through November 1,2003, and BE IT FURTHER, RESOLVED, that Mr. Gorthey shall be paid $11.19 per hour as set forth in Town Board Resolution No.: 499,2002 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF GEORGE CARPENTER FROM LABORER TO WATER MAINTENANCE MAN II AT TOWN WATER TREATMENT PLANT RESOLUTION NO.: 235,2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Water Superintendent has recommended that the Town Board authorize the promotion of George Carpenter from Laborer to Water Maintenance Man II at the Town Water Treatment Plant, and WHEREAS, the Water Superintendent has advised that Mr. Carpenter has passed the departmental examination for the position and has the required job experience, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of George Carpenter from Laborer to Water Maintenance Man II at the Town Water Treatment Plant effective May 6th, 2003 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Comptroller to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003 by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION APPOINTING PATRICIA CRAYFORD AS PART-TIME DEPUTY COURT CLERK RESOLUTION NO. : 236, 2003 INTRODUCED BY : Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board, among other things, established the part-time position of Deputy Court Clerk in accordance with New York State Uniform Justice Court Act ~109, and WHEREAS, the Town Court Clerks and/or Town Justices advertised for the newly established position, reviewed resumes, interviewed interested candidates and the Town Justices now wish to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and ratifies the Town Justices' appointment of Patricia Crayford as part -time Deputy Court Clerk in accordance with the terms set forth in Town Board Resolution No. 163, 2003, and BE IT FURTHER, RESOLVED, that Ms. Crayford shall be paid a wage of$IO.17 per hour for 19.5 hours of work weekly, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that this appointment shall be effective May 19th, 2003 and shall be subject to a six month probation period, completion of the required Oath of Office and satisfactory completion of a pre- employment physical, and BE IT FURTHER, RESOLVED, that appointment for Deputy Court Clerk shall be contingent upon Civil Service classification of such position as exempt and should such exemption be denied, appointee may have to satisfy Civil Service requirements to continue employment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN ANNUAL SALARY FOR COURT CLERK KERRlE HA TIN RESOLUTION NO. 237,2003 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board, among other things, clarified and confirmed the Town Court positions, including that of Court Clerk Kerrie Hatin, and WHEREAS, such Resolution stated that "the job duties and salary of Kerrie Hatin are not changed by this Resolution which clarifies her title and status," and WHEREAS, such Resolution changed Ms. Hatin's position to an overtime exempt position and therefore the Town Board unintentionally reduced Ms. Hatin's annual earnings by $700 as she had previously earned approximately $700 annually in overtime compensation, and WHEREAS, the Town Board wishes to set forth its intention that Ms. Hatin's annual earnings not be reduced and the Town Board wishes to restore the effect of Ms. Hatin's lost overtime and cut in annual earmngs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a $700 increase in the annual salary for Kerrie Hatin, Court Clerk from $28,333 to $29,033, effective May 6,2003, thereby restoring the lost overtime compensation which was an unintentional result of Town Board Resolution No.: 163, 2003, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Comptroller and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 163,2003 in all other respects Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Brower, Mr. Boor NOES None ABSENT: None RESOLUTION TO AMEND 2002 BUDGET RESOLUTION NO.: 238, 2003 INTRODUCED BY: Mr. Tim Brewer 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: VARIOUS: FROM: TO: $ AMOUNT: 01-8020-4720 01-8020-1619 1,591. (Planning Consultants) (Planning Land Use Planner) 01-8020-4720 01-8020-1910-0002 352. (Planning Consultants) (Planning Sr. Typist OT) 02-9080-8080 02-8810-13 80 3,416. (Vac. Accrual) (Cern. Superintendent) 40-8320-2899 40-8320-1510 6,508. (Capital Constr.) VARIOUS: FROM: TO: $ AMOUNT: 01-1450-4156 01-1450-1002 1,400. (Elections-Temp. Pers. Service) (Elections-Pers. Service Other) 01-3510-1640-0002 01-3510-1640 458. (An Ctr OT) (An Ctr Pers. Service) 01-3510-4760 01-3510-1640 282. (An Ctr. Veterinarian) (An Ctr. Pers. Service) 01-9080-8080 01-5110-1320 1,740. (Vacation Accr.) (Highway Adm. Conf. Secr.) 01-1110-2010 01-1110-1720 343. (Court Office Equipment) (Ct. Officer PT) 01-1110-4030 01-1110-1720 350. (Court Postage) (Court Officer PT) 01-1110-4150 01-1110-1720 192. (Court Steno Service) (Court Officer PT) 01-1355-1070 01-1355-1079 862. (Assessor PT Clerk) (Assessor Property Tax Ser Asst) Acct No. Description FROM: TO: 001-1420-4130 Retainer 001-1420-4132 Other Legal Svc. 001-1990-4400 Contingency 166,536. 10,000. 9,431. 001-1420-4130-1010 Town Board 4130-1220 Supervisor 4130-1315 Comptroller 4130-1430 Personnel 4130-3410 Fire & Ambulance 4130-3620 Building & Codes 4130-5010 Highway 4130-4020 Recreation 4130-7989 Other Culture & Recreation 4130-8010 Zoning Board 4130-8015 Planning & Zoning 4130-8020 Planning 4130-8810 Cemetery 001-1420-4131 Litigation Fees 98,613. 2,397. 2,378. 10,276. 34. 24,585. 3,335. 2,732. 1,152. 1,455. 7,506. 18,549. 1,008. 11,947. 185,967. 185,967. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES None ABSENT: None RESOLUTION TO AMEND 2003 BUDGET RESOLUTION NO.: 239, 2003 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 2003 Town Budget as follows: WATER: FROM: TO: $ AMOUNT: 040-8340-4400 040-8310-4400 1,500. (Misc. Contr.) (Misc. Contr.) 040-8340-4400 (Misc. Contr.) 040-8340-2020 (Vehicles) 100. Duly adopted this 5th day of May, 2003, 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 LOCAL LAW NO.2 OF 2003 TO AMEND QUEENSBURY TOWN CODE CHAPTER 55 "BOATS" REGULATING SPEED OF VESSELS IN A PORTION OF LAKE GEORGE RESOLUTION NO.: 240, 2003 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2003 to amend Queensbury Town Code Chapter 55 entitled "Boats," to restrict the speed of vessels in an unnamed bay lying east of Warner Bay in Lake George, and WHEREAS, Town Law ~ 130(17) authorizes Towns to regulate the speed of vessels while being operated or driven upon any waters within or bordering the Town to a distance of fifteen hundred feet (1,500') from shore, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~ 10(2) and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, 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 at 7:00 p.rn. on May 19th, 2003 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: 2 of 2003, 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 proposed Local Law NO.2 of 2003 in the manner provided by law. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES None ABSENT: None RESOLUTION DESIGNATING CHARTER ONE BANK AND TROY COMMERCIAL BANK AS APPROVED DEPOSITORIES RESOLUTION NO.: 241,2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 6,2003, the Queensbury Town Board authorized certain Town banking transactions and internet -based banking services and designated certain banks as approved Depositories of Town funds, and WHEREAS, the Town Comptroller has recommended that the Town Board add two banks to the Town's list of approved depositories in an effort to obtain more competitive banking rates and services, and WHEREAS, the Town Board concurs with the Town Comptroller's recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates Charter One Bank and Troy Commercial Bank as approved Depositories for the Town of Queensbury and authorizes and directs the Town Comptroller to make the necessary arrangements to add Charter One Bank and Troy Commercial Bank to the list of banks able to serve as Depositories of Town Funds, provided that such Banks first enter into Third Party Custodian Agreements that comply with the requirements and recommendations of the New York State Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Third Party Custodian Agreements and authorizes and directs the Town Supervisor and/or Town Comptroller to sign any other documentation and take all action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES None ABSENT: None MR. ROUND, Executive Director lead the Town Board through the following Short Environmental Assessment Form Part II: A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in CI-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO MR. ROUND, Executive Director-You should as part of your resolution, you have a SEQRA Negative Declaration incorporated into the resolution. TOWN COUNSEL HAFNER-Yes, it's in the first resolved. RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY LOCATED ON BAY ROAD FROM PROFESSIONAL OFFICE (PO) TO SINGLE F AMIL Y RESIDENTIAL 20,000 (SFR-20) RESOLUTION NO. : 242, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is considering a request by its Planning Staff to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's: 296.12-1-1 thru 23 and 296.12-1-25 located on Bay Road, Queensbury from Professional Office (PO) to Single Family Residential 20,000 (SFR-20), and WHEREAS, on or about December 3rd, 2002, the Queensbury Planning Board adopted a Resolution recommending that the Town Board approve such rezoning request, and WHEREAS, on or about February 13th, 2003, the Warren County Planning Board considered the proposed rezoning and recommended approval, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed rezoning on February 24th, 2003, and WHEREAS, the Town Board also discussed the proposed rezoning at a workshop meeting and is now ready to consider approval of this rezoning application, with the provision that parcel number 296.12- 1-23 be deleted from the rezoning application, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property bearing Tax Map No. 's: 296.12-1-1 thru 22 and 296.12-1-25 located on Bay Road, Queensbury from Professional Office (PO) to Single Family Residential 20,000 (SFR-20), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town's Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law ~265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk's Office. Duly adopted this 5th day of May, 2003, by the following vote: AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor NOES None ABSENT: None TOWN BOARD DISCUSSIONS 9:00 P.M. COUNCILMAN BOOR-Fred Alexy called me, he lives on Overlook which is in the Hiland Development. They have a homeowners association which owns, maintains and pays for street lighting and they want to know if they can gift the street lights to the town and I said I would ask the board about that, I wasn't sure if we accepted those kinds of gifts. I do want to get back to him. MR. HESS, Comptroller-The town doesn't own any lights in the lighting districts now, we contract with NIMO, they own the lights, we just pay the bill. COUNCILMAN BOOR-We don't own any? MR. HESS, Comptroller-We don't own any at all. SUPERVISOR BROWER-So why, we wouldn't want to start, I wouldn't think. COUNCILMAN BOOR-Okay, I just wanted to know how the board felt, I'll let him know. COUNCILMAN STEC-Question for Chris regarding chickens and goats? MR. ROUND, Executive Director-We're proceeding with enforcement action, it's running it's course. We've issued him with a violation, if they didn't appear today in court, it will be next week. COUNCILMAN BREWER-What are we doing in our workshop next Monday, the reason I ask, West Glens Falls Fire Company wants to come in and talk with us about the roof and other things? SUPERVISOR BROWER-That would be fine. COUNCILMAN BREWER-Okay, I'll tell them they're on the agenda. The other thing is, Henry, voucher reports, we don't get them anymore? MR. HESS, Comptroller-You get them once a month. COUNCILMAN BREWER-Jim Coughlin, he wanted to know about his vacation time, if he can carry it over one month when his grandchildren come to town? SUPERVISOR BROWER-What I told Jim this morning when he called me about it and he had indicated he talked to you and someone else, I told him, look Jim, I want to be consistent in the application of the policy. We have granted some extensions but we've limited the extension to two individuals that I know of and I'd like to be consistent with him and that, even though, I appreciate he'd like to spend more of his vacation with his grandkids when they come here for a month, that we should be consistent in application of vacation extensions particularly when you're supposed to take your vacations within the calendar year. So, I really don't think, I think it'd be unfair to other employees that we've denied further extension when they've asked. COUNCILMAN BREWER-Yea, one month. MR. HESS, Comptroller-I need to throw some clarifications before you get too deep. Management and exempt staff under a board policy adopted two years ago may accumulate up to thirty days vacation and you only lose vacation if you carry more then that. We've never made an exception for management because management has the ultimate right to schedule their vacation and they also have the right to carry thirty days. So, what Jim is asking for is the right to carry over thirty days cause he's got thirty days on the book anyway, it's not like he's going to not have vacation. So, I think it's a dangerous thing because you're setting a standard for management staff that's not available to anybody else because they have a right to accumulate thirty days anyway. SUPERVISOR BROWER-I will say this for Jim Coughlin, Jim Coughlin comes in on his days off, he comes in on his vacation time, if he thinks something's not right with his department, he's an extremely responsible manager, he, I can't do anything but praise Jim and he's a very deserving manager as almost all of the managers we've got here in the Town of Queensbury. I mean, they're hardworking individuals that really put in the effort. But, by the same token, I think there should be a limit, he's got some vacation days on the books. SUPERVISOR BROWER-Would like to remind everyone remaining in the audience of the Open Space Plan Meeting tomorrow night, Tuesday at seven p.rn. here at the Activity Center. The Town Board will meet with the Planning Board and the Open Space Committee for a brief presentation of the Open Space Plan and a public hearing will occur relating to the Open Space Plan. ATTORNEY MATTERS TOWN COUNSEL HAFNER-I have two small things. On the Schermerhorn Sewer Project, contracts were signed tonight, we got the changes that we needed on behalf of the town, I'm going to need you, Dennis to sign them afterwards. I keep asking for the Transportation Company documents and Mr. Schermerhorn expect to have it early to mid next week. Annexation under the wastewater agreement, that is coming up for the next Town Board meeting on the 19th, you have a hearing and a public hearing. I just want to remind the Town Board that there were certain things that were in the wastewater agreement that we had said that we had to have finalized before the town would act. There are still a couple of them that are out, I was talking with the city's attorney today, and they expect to have them done before the next Town Board meeting but that's really the city's problem, we may recommend that you hold action if they haven't finished those things. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO.: 243, 2003 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from it's Regular Town Board Meeting. Duly adopted this 5th day of May, 2003, by the following vote: AYES: Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer NOES: None ABSENT: None No further action taken. RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY