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2004-02-02 MTG7 302 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 REGULAR TOWN BOARD MEETING MTG. #7 February 2, 2004 RES. 100-115 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER BUDGET OFFICER JENNISER SWITZER SENIOR PLANNER MARYILYN RYBA DIRECTOR OF COMMUNITY DEVELOPMENT CHRIS ROUND DIRECTOR OF BUILDING AND CODES DAVE HATIN WARREN COUNTY SUPERVISOR FRED CHAMPAGNE WARREN COUNTY SUPERVISOR BILL VANNESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN THEODORE TURNER Supervisor Stec-We have a brief change to the format tonight, we would like to bring resolution 6.10 forward to the front of the meeting. RESOLUTION APPOINTING MICHAEL BARODY AS A TOWN OF QUEENSBURY SUPERVISOR ON THE WARREN COUNTY BOARD OF SUPERVISORS RESOLUTION NO.: 100, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Ronald Montesi recently resigned as a Town of Queensbury Supervisor on the Warren County Board of Supervisors, and WHEREAS, in accordance with New York State Law, the Town Board has the duty of choosing a replacement to fill Mr. Montesi’s seat on the Board of Supervisors, and WHEREAS, the Town Board has reviewed resumes, interviewed interested candidates and is ready to make an appointment to the Board of Supervisors position, NOW, THEREFORE, BE IT 303 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLVED, that the Queensbury Town Board hereby appoints Michael Barody as a Town of Queensbury Supervisor on the Warren County Board of Supervisors effective rdst February 3, 2004 through December 31, 2004, and BE IT FURTHER, nd RESOLVED, that on Election Day, November 2, 2004, the Town of Queensbury electorate will have the opportunity to elect a Supervisor to fill the unexpired term of Ronald Montesi, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Warren County Board of Elections and Warren County Board of Supervisors, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Brewer, Mr. Stec NOES : Mr. Strough ABSENT: None Discussion held before vote: Councilman Strough-Well you know, I am going to have a discussion. Mike Barody is a very, very nice guy, very capable guy very good credentials and I think for the most part the Town Board did boil it down to two people, Mike Barody and Dave Strainer. Now, I often wonder if Dave Strainer were the Republican and Mike was the Democrat would we still be going with Mike? But, on the other hand, and I think most of the Board here will agree with me on most of what I have to say that Dave Strainer has worked very hard for the County Supervisor’s position he has obtained almost three thousand votes in the past. He is an independent voice and some people have said that you need an independent voice on the County government. He is young, he is energetic, he would present a fresh view point. I think this kind of vitality is needed in our government. Now, Mike may provide that, and he is going to work very hard to prove me wrong, I know it. But, the thing about it is, is that David offers the voters a choice. Very often in this town voters don’t get a choice. If it wasn’t for David the voters would not have had a choice for County Supervisor. There was no voice, there was no choice given of the voters in Ward 1, no voice given to the voters in Ward 2, no voice given to the voters in Ward 4. Now, there was on option in Ward 3 and I think in the next round there will probably be another option in Ward 3, but I doubt that you will have the option to vote for anybody else in the other Wards or even Town Supervisor. Not, that I am complaining about it, I just think the voters 304 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 deserve an option. I also wonder if Ron Montesi had made his announcement if he could have, I am not saying he knew, prior to the election maybe the election results would have been different. Also, we have to keep in mind, fifty three percent of the voters are Republican of the registered voters. But, the other half are not, the other half of the voters are other parties and those other parties, I do not feel are getting representation in their Town Board and I do not think they are getting representation in the County level. Mike has a great family, he is a great guy, and I do not want him to take it personally, but he knows that I have got to vote some other way. But again, I will be rooting for you on the County level but with that said lets move on. Councilman Boor-I will just chime in, I think a lot of what John said was correct but we have to realists and we essentially had two different candidates and they both had great qualities. I believe either one of them would have done a great job. All things considered I think Mike had good credentials and I think his credentials lend him well to that type of appointment. I do not think with all due respect you would be effective maybe as a Town Board Member, but your resume certainly would indicate that your expertise is at County, State and even National levels in some instances. I think what I do like about Mike is, and there are probably going to be some people out there that I will pay for this comment, but, he is a go getter, he is not going to sit on his laurels. He is doing this because he wants to make a difference. He is not going up there to retire, he is not going up there to be comfortable. He has a lot that he can offer this Town and the residents of Queensbury as well as I think Warren County as a whole. I have a lot of confidence that he is going to bring things that we have not seen in a long time and I hope that I am correct in that. But, I will say that Dave Strainer is a heck of a guy, candidate too, and it was a very troubling decision for me, because I am very good friends I think with both of the individuals and its one of those things where people sometimes look at us up here and go oh we got it made we make all the decisions, I wish I could have it my way. Well sometimes the decisions aren’t that easy and we may lose sleep or we are uncomfortable with them but we have to make them and we do and we have to live with them. I will be able to live with this decision but I will say I have a lot of respect for Dave Strainer also. I wish you the best Mike and go get them. Councilman Turner-I would just like to say that I have known Mike for a long time, even from boyhood up. He came onto the scene and played in the Optimist Football League which was an eight to twelve year old scenario that was sponsored by the Optimist Club in South Glens Falls and my son played, they were both good sized kids for their age. Then he went on to school and went to college and all of a sudden he disappeared off my radar screen so he had gone west to Utica and then he left from there and went south and he made a hell of a name for himself and he made himself what he is today. He is the only one that has control of it, he did what he did and he did well. He will be a great supervisor. Councilman Brewer-I do not want to belabor the point, but I think you are loosing sight of what we did John. We interviewed eight people the Republican Committee interviewed six people the Republicans picked Mike Barody the voters picked a Republican, I do not have a problem with that and I stand by our decision. Good Luck Mike. Councilman Strough-I didn’t interview eight people I interviewed three, Dick Merrill was the third one. Councilman Brewer-The opportunity was there. Councilman Strough, also I want to add, Dick Merrill would have made a very good candidate. Councilman Brewer-No question about that. I believe that there was more than one or two candidates that would have been qualified people to do the job, but the bottom line is when it came right down to it Mike Barody was presented to us the night when we interviewed the candidates, I still feel strongly that he was the best candidate that came in that night. That is who we picked and I am happy with that. Supervisor Stec-I will close out the comments with my own, for the benefit of the public to understand the process although I think to this point our official newspaper accurately reflected the process. After we learned of Mr. Montesi’s resignation thth that was pending we waited until it became affected on January 7 or 8 and at that point we also did put out a letter to all of the four major party chair people in Warren County, the Republican, Conservative, Independent and Democratic parties. Soliciting them to make a recommendation of a candidate. We also made it clear to the public that we would consider anyone that came forward. We did receive a grand total of eight correspondences, written correspondences from individuals that were interested in the position. Not to name them all, I know that a few of them were former town council people, one former one county supervisor, one former long time ten year highway superintendent. But, we received eight correspondences, six were republican, one was certainly a Democratic and I believe the second one from the letter although it stopped short a saying they were a Democratic they did make reference to being a Democratic Committee member. So, I believe that we had two Democratic, we received eight letters and we extended eight invitations to come and 305 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 speak to the Town Board last week as promised in the newspaper. Four took us up on our offer one Monday evening and three Wednesday evening. So, I would just say regardless of party affiliation I am sure I speak for the entire Town Board when I say we represent the entire Town, voters and non voters, taxpayers, non resident taxpayers, Republicans, Democratic, Independents, Conservatives others and no party affiliations. For myself the strength of Mr. Barody’s resume was certainly, easily the deciding factor. Last Wednesday evening the Board met to consider the candidates to replace Ron Montesi on the Warren County Board of Supervisors. After careful review of all candidates we are pleased to announce the appointment of Mr. Michael Barody. Michael’s professional and educational backgrounds were a strong fit with the committees that he will have to serve on. As an executive with a large health care management company, he will bring a lot of experience to the personnel, health services, social services, and information technology committees. He was also a distinguished leader in his field. He served as State President and as a National Vice President of his professional associations. Congressman Bill Young, US House of Representatives Appropriation Chairman, appointed him to the Whitehouse Counsel on Aging during the Clinton Administration. This public policy and planning experience along with his participation in handling large budgets for his company and industry will make him a very valuable member on the County Board. Two of the other Warren County at Large Supervisors are present. I would just like to just recognize their presence Mr. Bill VanNess and Mr. Fred Champagne. With that I will call the vote and then we will administer the oath of Office. Vote taken. Supervisor Stec-Administered the oath of Office to Mr. Mike Barody. Thanked Mr. Barody, his family and guests for coming this evening. Warren County Supervisor Michael Barody-I do not want to hold up the agenda and as the old saying goes John, some of my best friends are Democrats. I really look at this as an opportunity to represent all the citizens in Queensbury, I do not look at peoples party affiliations. As I look at this crowd out here today I do not see one person with a mark on their forehead telling me what they are. We are all just citizens here of Queensbury, we all want what is best for our families. We all want what is best for our county. I hope that the committees that I am going to be serving on Health Care, Social Services, Personnel Committee, Information Technology, Warren County Lakes are all committees that have got some background in some strong background by the way, not just a realtors license. I feel that I will be immediately participating and contributing to those committees on your behalf. So, feel free anytime, I know all of you will to tell me what you need and what you want out of us at the County level and I thank you all for intrusting me with this position tonight, Thank you. 1.0 HEARING 1.1 HEARING-UNSAFE MOBILE HOME – CLIFFORD REED Director of Building and Codes Dave Hatin-The resolution you have before you tonight is for a mobile home that is situated at 58 Ogden Road at the rear of the property. I have pictures of it if you would like to view them. I have talked to Mr. Reed who is an elderly gentlemen fixed income from what I can gain from him. Who believes that he cannot get rid of the mobile home although as of today when I talked to him, he said he is trying to get someone to help him. This resolution will start a time clock of sixty days to give him the opportunity to remove the home at the end of sixty days the Board could authorize me to remove the home at town expense and we could bill it back to taxes. That would be your option at that point in time. That is basically where it sets. From what I could tell this mobile home was placed on the property some years ago, I do not know the exact story behind the placement. We received a complaint from a neighbor because children are using it as a playground, it has collapsed on one wall and the roof is starting to collapse in. It is definitely a hazard to anybody should enter or go near it. (passed out photos) Supervisor Stec-What is the time line on this just for the purpose of the public record, Dave? Director Hatin-Thirty to sixty days. 306 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 Supervisor Stec-No, I mean how far back has this problem persisted? Director Hatin- Originally it came to me back in August of last year. Supervisor Stec-03’ Director Hatin-03’ right. I gave Mr. Reed plenty of opportunity to try to do something. Supervisor Stec-And you were able to contact with him, contact him today? Director Hatin-Yes, I caught him at the residence today, there was originally a sign on the door that said he was out of town that some sign was there today but I knocked on the door seeing a truck in the driveway and he came to the door. I advised him of the resolution tonight and advised him of the hearing. Supervisor Stec-Do any board members have a questions? Councilman Boor-I do not think impressions are very important but did you get any feed back as to his willingness to want to do this, or a comment that he would? Director Hatin-Well, I think it is a combination of his ability to afford to get rid of it. From what I guess in brief conversation with him, he is on a fixed income. His original discussion with me, gee I really do not have the money to get rid of it, that were his exact words. Councilman Boor-Is this on the same property that his dwelling is on? Director Hatin-Yes. Supervisor Stec-You are satisfied thirty, sixty days is reasonable? Director Hatin-Yes, by then the snow will be gone and it will be easier to get it out of there, if we have to physically go on the property and remove it. Councilman Boor-Do you have any idea what it would cost the Town to do this? Director Hatin-I do not know exact costs but I have got to believe a couple thousand dollars or better, provided that we can find somebody that is willing to do it that is going to be the other… Supervisor Stec-Just for the record the date on those picture were taken was September 22, 2003. I take it that the condition has not improved since then? Director Hatin-No. Supervisor Stec-Any other questions for Mr. Hatin? It is not a public hearing, it is just a hearing. Director Hatin-I do not believe that Mr. Reed is here. Supervisor Stec-Is Mr. Reed or anyone associated with the property present here tonight? All right any further comment from the Town Board Members? Councilman Boor-Just one, this is the date of delivery 8-14-03 Director Hatin-That is the certified letter. Supervisor Stec-If there is no other comment from Town Board Members..vote taken. 307 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLUTION ORDERING REMOVAL OF UNSAFE MOBILE HOME LOCATED ON PROPERTY OWNED BY CLIFFORD REED AND LOCATED AT 58 OGDEN ROAD RESOLUTION NO. 101, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a mobile home on property owned by Clifford Reed located at 58 Ogden Road in the Town of Queensbury (Tax Map No.: 308.19-1-31) and found that it was damaged and in a state of disrepair, and WHEREAS, the Director advised Mr. Reed to take appropriate measures to remove the mobile home from the property as more specifically set forth in the Director’s August th 12, 2003 letter to Mr. Reed, and WHEREAS, the Director advised the Queensbury Town Board that in his opinion the mobile home is dangerous and unsafe to the general public and therefore requested the Town Board take action if the property owner failed to remove the mobile home, and th WHEREAS, on January 26, 2004, the Town Board declared the mobile home on the property to be dangerous and unsafe to the public, and WHEREAS, the Town Board held a hearing concerning this property on February nd 2, 2004 and notice of this hearing was served in accordance with the provisions of New York State Town Law §130(16) and Queensbury Town Code Chapter 60, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby orders Clifford Reed to immediately begin removal of the mobile home located at 58 Ogden Road in the Town of th Queensbury and complete the removal process by April 5, 2004, and BE IT FURTHER, th RESOLVED, that if the mobile home is not removed by April 5, 2004, the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary arrangements to remove the mobile home, and 308 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 BE IT FURTHER, RESOLVED, that in accordance with New York State Town Law §130(16) and Queensbury Town Code Chapter 60, removal expenses may be assessed against the real property and the Town Board may authorize and direct Town Counsel to institute an action to collect the cost of the removal, including legal expenses, if necessary. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 2.0 CORRESPONDENCE 2.1 Ltr. read into record Dear Queensbury Supervisor and Town Board: After seventeen (17) enjoyable years on the Queensbury Board of Assessment Review, at the same remuneration, I resign as of this date, January 30, 2004. Thank you. Sincerely, Charlie C. Matthew Yasko 2.2 Queensbury Transfer Stations January 2004 report on file 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE Councilman Boor-Questioned why the TV was not present? Supervisor Stec-Noted that had been contacted about the meeting, I do not know why there are not present. 4.0 OPEN FORUM FOR GENERAL AND RESOLUTIONS (LIMIT 5 MINS) Supervisor Stec-Queensbury has a long tradition of allowing the public the opportunity to come to our regular meetings and participate in their governments administration. We ask that you come to the microphone, state you name and address for the record, and that you limit your discussion to five minutes pertaining to town business and limit one as long as I am Town Supervisor. Mr. John Salvador-Questioned if the Supervisor had had a chance to investigate the missing $5,000 bail money at the Town Court? 309 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 Supervisor Stec-Yes I have, everything is in order according to the Attorneys Office, the Budget Officer’s Office and the Court. The money is accounted for. Councilman Brewer-The money was transferred because our Court is not taking the case. Supervisor Stec-Asked the Town Clerk to read in a letter from Judge Muller. Town Clerk Dougher-Ltr. Read January 27, 2004 Honorable Daniel Stec Town of Queensbury Supervisor 742 Bay Road Queensbury, New York 12804 Re: People v. June Maxam Dear Supervisor Stec: Town Counsel Robert Hafner informed me that Mr. John Salvador advised the Town Board that Judge Muller or Queensbury Court had lost five thousand dollars deposited by June Maxam. No doubt if Mr. Salvador acts as spokesperson for June Maxam he finds no concern with the accuracy or truth of such representation. In fact Queensbury did receive a case assignment transferred from Chestertown which included a remittal of a five thousand dollar bail deposit. This court declined to handle the matter and we were instructed to refer the case and the bail deposit to Glens Falls City Court. We did so including the transfer of the bail deposit. There is no truth to any representation that this court “lost or misplaced” a five thousand dollar bail deposit owed to Ms. Maxam. I trust that if Mr. Salvador made his erroneous comments in public form that you may now reciprocate in the next opportunity of public forum advising Mr. Salvador of his gross error and misinformation. Accordingly if Ms. Maxam is entitled to retrieve her five thousand dollar bail deposit she should direct her efforts to the proper court which is not the Queensbury Justice Court. Very truly yours, /s/ Michael J. Muller Town Justice Town of Queensbury Supervisor Stec-I will also say that I did have a conference as I immediately said I would, I believe the exact words I used were, I have been aware of this for exactly five minutes and thirty seconds and I can assure you that we will, it will be our first order of business to look into it because the allegation that you make are serious and I want to see if they are true and what exactly can be done to rectify it. That in fact I talked with Town Counsel and with the Budget Officer Jennifer Switzer indeed the jurisdiction was transferred on New Years Eve th and that the money was transferred on January 14 and you appeared before us on January th 26 questioning where the money was. Mr. Salvador-First of all I made no allegations I was quoting Judge Krogmann’s comments st on December 31 in which he said from the bench that Queensbury had lost the bail money. That was my presentation. Why he made that I do not know, he did not say it wasn’t transferred he said they had lost it. I would like the record to show that I did not, my presentation was to the effect that Judge Krogmann had made the comment that Queensbury had lost the bail money. … RE: Sales tax plus tax structure on group sales 310 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 still be looked into. RE: Crandall Library reconstruction/renovation program the voters must have some say in this debt Supervisor Stec-Before we continue with Open Forum, with regard to the suggestions that were made at last weeks regular meeting on video tape and in response to you telling me Mr. Salvador this is a very, very serious matter, I responded that I take every aspect of my job very seriously especially in the first twenty six days, John and I will be happy to look into that issue for you and the taxpayers and the residents of the Town of Queensbury. As I described I did look into that and indeed I have been satisfied that in fact the $5,000. is not missing. In keeping with the vein of my fiscal responsibility to the Town I also look in and checked my records and I think it is also important for the public to know that the Town has been involved in no fewer than seven cases of litigation initiated by you at a cost of no less than thirty thousand dollars over the last eight years. I think that is important for the public to know. I also personally feel, that you owe the Town and specifically Judge Muller, an apology. Mr. Richard Merrill-6 Sunset Trail I am a member of Crandall Library Board of Trustees and I would invite Mr. Salvador any time to present his case to the Board of Trustees. Noted Crandall Library Trustees are very early in the planning stages for the expansion. The City of Glens Falls, Town of Moreau and Town of Queensbury will be part of the decision making when it comes to the bonding. Mr. Craig Brombley-President of the Baybridge Homeowners Association. RE: Sewer Extension on Bay Road What are the details regarding the obligations for Baybridge? Supervisor Stec-The forty three dollars and change the town is setting up an escrow account to receive the money, when we have all the money and the rest of the contract is satisfied, then your portion of money will be transferred to Mr. Schermerhorn. st Mr. Brombley-Spoke about payment schedule, 60 days and subsequent payment on May 1. Town Counsel Schachner-Noted there have been discussions, all informal telephone discussions. Mr. Bromley-There were easements that Baybridge procured at the original contract, at a cost of eleven thousand five hundred dollars, those easements were put in the County under the title of the Town and Baybridge with the word and not or. The Town last year reconvened those easements to Mr. Schermerhorn. Our source of frustration is the fact that those easements were in both of our names we were not consulted before those easements were reconvened, there is a cost there and we are asking for some compensation for the cost of those easements. Mr. Hafner’ position is he does not understand our frustration. Supervisor Stec-For the purpose of the record you did come and discuss that with me last year and recently a few weeks ago, I know that Mr. Hafner has been consistent in his advice to us and I think that really is a legal issue for your Attorney and our Attorney to discuss. Mr. Bromley-Mr. Hafner has taken a very staunch approach that he does not feel that there should be compensation. I have talked to a number of Attorneys and it really is a pretty simple rule of law, you cannot re-convey easements without both parties agreeing, essentially that is what the town did. I think we need a legal answer, it could hold up this process. Supervisor Stec-We did get our legal opinion but certainly I would entertain a Board Meeting with our Attorneys as a group in the near future to clarify, so that I can be even more confident that although I may not be giving Baybridge the answer that Baybridge would want that I can be confident that the answer that I am giving you is in fact as reasonable, firm and fair an answer as I possibly can. Ms. Patty Savin-14 Rush Hollow Court My concern is the intersection between Dixon and Aviation. It is an awkward three way intersection and what I notice on a daily basis is that people do not know what to do with that intersection. Noted that the school busses are in 311 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 danger, I am asking that you look into putting in a traffic light or something there to solve the problem. Supervisor Stec-We an certainly do that. Noted that even before the Indian Ridge Development was proposed the intersection was identified by Town Fathers as being problematic for safety concerns. Chris Round and his staff is always looking at traffic improvements and that is one of the ones that is on the plate. Ms. Savin-Is there something that we can do to help it along. Supervisor Stec-Pressure your Councilman and Town Supervisor. Councilman Strough-Noted that it was already on his list. Supervisor Stec has asked us for our wish list and your intersection is on there. th Mr. Dave Strainer-1124 Ridge Road Noted on January 29 attended the Warren County Sheriff’s Communication Meeting disappointed that we did not have one representative from the Town of Queensbury on that committee. We should have a voice on that committee. Noted Mr. Cleveland is doing nice job on the new building. Air bid $10,000 less than budgeted, Communication Console $200,000 under budget Maintenance Contract $20,000 a year cheaper… I never let an opportunity pass when I have a dig made at me personally, I am a realtor I am proud to be a realtor I have no shame in that what so ever so when you dig people’s careers your choice of employment I think that is pretty low. I have my honor today I will have my honor when I wake up tomorrow and I will have my honor when I pass away. Supervisor Stec-The Town of Queensbury is represented on the Sheriff’s Committee, I am on the Sheriff’s Committee, I was not present at my very first Sheriff’s Committee Meeting because I and Supervisor Champagne and others were at Congressman’s Sweeney’s Clifton Park Office begging for money for our County project and I also worked in a few of the towns requests. I apologize that I wasn’t there. Mr. Pliney Tucker-41 Division Road Questioned if the Supervisor made some phone calls? Supervisor Stec-Yes. You had asked about AMG, I have not been able to get an answer. You asked about thoroughfare at the end of Division and Ogden Road, working on that. You asked about Nimo and Hudson Point. Councilman Brewer-passed over a document to Mr. Tucker regarding that issue. Mr. Tucker- At the last meeting you mentioned the land that the City of Glens Falls owns near Hudson Pointe. Supervisor Stec-Thirteen point three acres, have drafted a letter to the Mayor summarizing what I understood was a very constructive personal conversation. It is landlocked between the old Faith Bible Church property and the Hudson Pointe property. Mr. Tucker-It seems to me that the Hudson River belong to everybody and it would be wonderful if you could talk the Mayor into … Supervisor Stec-I have talked to him and he seemed very receptive. Mr. Tucker-RE: Post Star Article on the widening of West Mt. Road. We pay thirty eight percent of the Warren County budget the County will make us spend our money on West Mt. Road and he will do something in the Town of Hague that will not cost his people a dime. Supervisor Stec-I will look out for Queensbury’s interests. I do not want to wait to get that section of the road to get paved again on a ten year cycle they suggested and we have done this before, we pay for material and lend the shoulder paver. Mr. Tucker-Re: Crandall Library Law…noted the way it was created does not legally exist. 312 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 5.0 TOWN BOARD DISCUSSIONS Councilman Strough-Noted he went to the County and picked up pamphlets Queensbury is not mentioned…samples listed, Snowmobile map, Lake George Events, Queensbury not mentioned, Great Escape pamphlets this has nothing to do with the County but listed as Great Escape, Lake George N.Y. Mohigan Trail the heart of the Hudson, Champlain Corridor-no Queensbury Queensbury does not exist evidently… Bike Map-Lake George, Glens Falls and Fort Edward-No Queensbury Lakes to Locks-I am on this program and we are going to change that, the map on the inside it goes from Lake George to Glens Falls –no Queensbury wished to bring this forward noting three County Supervisor’s present. Supervisor Stec-Trying to keep the Town Board informed of Warren County issues: Has been suggested that the Airport property might be appropriate for an ATV track, it is at an what if stage.. Airport concerns: Tree interference there were fifty six parcels at on point at issue many in Chestnut Ridge, down to eight parcels being studied by arborist in the spring…Warren County Econ. Development Committee most projects in the Queensbury area…Main Street Corridor in the forefront of the discussions…looking for funding for burying power lines, will be done with or without outside funding. Spoke on the widening of West Mountain Road-was well received to pave and widen it…also mentioned the intersection of West Mountain and Bonner Drive and Mountainview Lane and Hillcrest they are going to study it. Councilman Strough-Noted there are stormwater problems at the intersection of Bonner Drive and Mt. View Lane, lets keep that in mind also. RE: Wicks program at the West Glens Falls Fire House, that is a good program. Supervisor Stec-It was brought to my attention in January that the use of the West Glens Falls Fire House by Wicks was terminated, have spoken to the Chairman of the Committee John Haskell Town Supervisor of Thurman, Wick is a very valuable program that is provided to the residents of Warren County its location at West Glens Falls Station No. 1 makes a great deal of sense, everyone at the County’s end is hopeful that the issues can be worked out. We will have a meeting of the parties at the West Glens Falls Fire Dept. at 10:00 tomorrow morning. Councilman Strough-Noted that there is a Warren Washington County Mediation Service it is free to the citizens, use the trained mediators. Supervisor Stec-If it comes to that… Councilman Boor-Re: West Mt. Road I believe everybody on this Board supports alternative transportation, ie walking, bicycling I like what you are suggesting but I have concerns, typically when widening there are safety issues, lighting, speed issues… Supervisor Stec-Will bring them up to the DPW. Councilman Strough-There are sections of West Mt. Road that are fifty miles per hour, you widen the lanes I still don’t want my kids traveling with a bike along that road until you get that speed limit down to something reasonable. Supervisor Stec-Noted for some reason lowering speed limits is a big deal…we have to refer to the County, the County refers to the State DOT and it takes months. Councilman Boor-Now is the time if it is being presented as a bike corridor that changes the character of the road… 6.0 RESOLUTIONS 313 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLUTION AUTHORIZING HOVEY POND PARK IMPROVEMENT PROJECT AND WITHDRAWAL FROM CAPITAL RESERVE FUND RESOLUTION NO.: 102, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $65,600 for specific capital improvements and certain items of equipment for the Hovey Pond Park Improvement Project to consist of: 1. developing a park Master Plan; 2. formulating and instituting a park landscaping plan; 3. installing park lighting and a water fountain; 4. constructing additional parking areas; and 5. professional services for all of the above; and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Hovey Pond Park Improvement Project and authorizes expenditures in the total amount of $65,600 for the work described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to establish a separate capital project fund for such Project – Hovey Pond Park Capital Project Fund #146, and 314 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $65,600 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Expense Account No.’s: 146-7110-4403 in the amount of $10,400 – Professional Services; and 146-7110-2899 in the amount of $55,200 – Capital Construction; and estimated revenues in Account No.: 146-0146-5031 in the amount of $65,600, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Hovey Pond Park Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT : None Discussion held before vote: Councilman Brewer-Commended Mr. Hansen for using the CIP planning and doing something with it. Questioned the water fountain. Recreation Director Hansen-Noted this fountain is in the middle of the pond. Councilman Brewer-Re: Landscaping Plan Director Hansen-We are about to employ a landscape architect to look at the facility as built and give us direction as to where we want to go in the future. Councilman Brewer-Suggested that the Friends of Hovey Pond be included. Director Hansen-They are involved with it. Councilman Brewer-RE: Watering Director Hansen- That will be included in the infrastructure. Supervisor Stec-Noted that former Councilwoman Betty Monahan influenced the proposal of a fountain in the pond. 315 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 Councilman Strough-Noted that area is used for dog walking are there going to be move doggie doo dispensers. Director Hansen-We have two, one will go in Hovey Pond. Councilman Strough questioned the permissive referendum. Town Counsel Schachner spoke to the Board about permissive and mandatory referendums. Vote taken. RESOLUTION AUTHORIZING HUDSON POINTE NATURE PRESERVE EXPANSION AND IMPROVEMENT PROJECT AND WITHDRAWAL FROM CAPITAL RESERVE FUND RESOLUTION NO.: 103, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $76,000 for specific capital improvements and certain items of equipment for the Hudson Pointe Nature Preserve Expansion and Improvement Project to consist of: 6. excavating and creating new trails to link Town property; 7. creating a raised walkway in a portion of the wetland area; 8. purchasing/installing a floating foot bridge; 9. purchasing/installing a foot bridge across Clendon Brook; and 10. professional services for all of the above; and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the recreation project known as the Hudson Pointe Nature Preserve Expansion and Improvement Project 316 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 and authorizes expenditures in the total amount of $76,000 for the work described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to establish a separate capital project fund for such Project – Hudson Pointe Nature Preserve Capital Project Fund #145, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $76,000 to fund such Project, such funds to be placed into the capital project fund to be established in accordance with this Resolution and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital reserve fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations in Expense Account No.’s: 145-7110-4403 in the amount of $4,300 – Professional Services; and 145-7110-2899 in the amount of $71,700 – Capital Construction; and estimated revenues in Account No.: 145-0145-5031 in the amount of $76,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Hudson Pointe Nature Preserve Expansion and Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough 317 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 NOES : None ABSENT : None Discussion held before vote: Supervisor Stec-Harry I commend you, I was often critical last year not of you or any department in particular but, that the Town I do not think was aggressive enough in utilizing the three million dollar plus capital reserve fund that we worked so hard in the last few years to create. I would rather see that money put to a good public use than to sit in a bank account, so I am very happy with both these first two projects tonight. Councilman Strough-Questioned if the trails will be marked? Director Hansen- Yes. Vote taken. RESOLUTION SETTING PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE AGREEMENTS FOR YEAR 2004 RESOLUTION NO.: 104, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may § contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreements currently in effect with the Town’s three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., expired on December 31, 2003, and WHEREAS, the Town and its three emergency squads have negotiated terms for new one year Agreements for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed agreements for emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance service Agreements between the Town of Queensbury and its three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., on February rd 23, 2004 at 7:00 p.m., and BE IT FURTHER, 318 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Councilman Boor-Spoke to the Board regarding the wording in the contract, questioned if it had been corrected. Town Board agreed that they would meet th on February 9 and review each document … Supervisor Stec-RE: Changes in contracts…dealing with two instead of three administrative board, combining North Queensbury and Bay Road Ambulance Services…second change third party billing hope in the future to eliminate EMS taxes … third, cut down the size of the budget so we can offer paid day time staffing, to West Glens Falls and the northeast of Town. Vote taken. RESOLUTION AUTHORIZING SUBMISSION OF HOME APPLICATION TO NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND AUTHORIZING HOUSING REVOLVING LOAN FUND RESOLUTION NO.: 105, 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 528,2003, the Town Board authorized submission of the Town of Queensbury’s Affordable Housing Strategy to the New York State Governor’s Office for Small Cities, and WHEREAS, by Resolution No.: 529,2003, the Town Board authorized engagement of the services of Shelter Planning & Development, Inc., to provide assistance with applications for funds and administration of housing and community development programs including the New York State Small Cities Program, Division of Housing & Community Renewal and Affordable Housing Corporation, and 319 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 WHEREAS, the New York State Division of Housing and Community Renewal (DHCR) has been designated to administer the HOME Program, a federal program funded by the Federal National Affordable Housing Act of 1990, and WHEREAS, DHCR has established a submission date of February 9, 2004 for accepting applications under the HOME Program, and WHEREAS, the Town of Queensbury has reviewed its housing needs and has developed a program to meet those needs, and WHEREAS, the HOME application process requires that the governing body of the applicant authorize the submission of the application and related actions, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to submit an application to the New York State Division of Housing and Community Renewal (DHCR) and act in connection with the submission of the application, including execution of all required certifications and forms and provision of additional information as may be required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the commitment of $100,000 for the housing revolving loan fund as outlined in the HOME application to be taken from HUD Program Income (B-93-DH-36-0292) and the commitment of up to $17,000 through in-kind services and/or cash, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Community Development Department and Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 320 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 Discussion held before vote: Sr. Planner Marilyn Ryba-The grant application is through the State Division of Housing and Community Renewal. We currently have a small cities grant application in a specific target area in West Glens Falls. As a result of that over the past couple of years we have had phone calls from people within the community asking what else can be done in different parts of the community for home improvements. All of these home improvements that are done, people have to meet certain income levels, eighty percent of the median which the median income level for 2004 is about fifty thousand dollars for a family of four. This is part of a strategy that was developed through the housing strategic plan the number one strategy that came out of that was to have more of a long term housing improvement program. The reason we are applying to the Division of Housing and Community Renewal is that we cannot expect to get funding every year from the Small Cities program we did apply last year and did not receive it so our goal is to try to apply for funding from several different source and hope to, that we can get on a cycle. This particular program is two census tracks one in So. Queensbury and one in West Glens Falls, the lowest census tracks in the Town of Queensbury, however we could address people in other areas and that is where the revolving loan fund comes in. Funds would be granted through this grant program if additional funds were required it would be in the form of a loan and by that it would be a deferred payment loan so it is not repaid until the property is transferred. The benefit is that money will eventually come back into the community development fund which can be used to address needs of lower income people or slums or blight situations. We are requesting a grant application of four hundred thousand dollars to address twenty two households, administrative costs would be eight percent or thirty three thousand dollars, seventeen thousand of that would be in kind services provided by staff with the remainder going to consultant to administer the program. Staff does the over all record keeping and financial records and guidance there. Councilman Strough-Will this design make it more marketable? Mrs. Ryba-Yes. In that people from other than the target areas can apply for assistance. We have a list of fifty people who have expressed interest. We are working with the Community Action Winterization program they will do energy audits and provide some fund for winterization also working with the Office on Aging, and with the Association for Retarded Children. The town does have a program income fund from the AMG Hud loan that was closed out and that program income is available for these types of activities. Community Development Director Chris Round-Councilman Strough and Boor talked about competitiveness in the funds that we have, we are hopeful, we do not make a commitment of town funds until we receive a grant award. We think that the program fund that we have now although it is not part of the scoring system for the grant scoring it does make us more competitive. It shows the towns commitment to housing rehab. Supervisor Stec-Questioned if there was further information regarding AGM? Town Counsel Schachner-Noted he will try again for answers. RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 AND INCREASE IN CONTRACT AMOUNT IN CONNECTION WITH DELANEY CONSTRUCTION CORP.’S CONTRACT 2G - GENERAL CONSTRUCTION OF ROUTE 9 SEWER DISTRICT RESOLUTION NO.: 106, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION 321 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 406,2003 the Queensbury Town Board authorized acceptance and award of the bids for Contract No. 2 in connection with creation of the Route 9 Sewer District, and WHEREAS, by such Resolution, the Town Board awarded the bid for Contract 2G-General Construction to Delaney Construction Corp. (Delaney) for an amount not to exceed $2,033,271.18, and WHEREAS, C.T. Male Associates, P.C. (C.T. Male), the Town’s engineer for this Project, has advised that Delaney has performed additional work not originally anticipated, such additional work described in proposed Change Order No. 1 described as follows: The Change Order entails the relocation of approximately 900 linear feet of 8" gravity sewer and 850 linear feet of 12" force main sewer to avoid a 12" NiMo gas main, which was found to be located within the permanent sewer easement adjacent to the former Lake George Zoo property. The work will also consist of relocating manholes E5, E6 and E7 to accommodate the relocated sewer mains. Manhole E7 will also be deepened by about 4 feet. The final item in this Change Order consists of directional drilling 293 linear feet of 8" gravity sewer from manhole E7 to manhole E8, in lieu of installing the main by conventional trenching. and WHEREAS, as a result of such additional work, Delaney’s contract amount will correspondingly increase by an amount up to $25,000, and WHEREAS, the Town Board wishes to authorize Change Order No. 1 and related increase in contract amount, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase in an amount not to exceed $25,000 in connection with Delaney Construction Corp.’s Contract 2G – General Construction of the Route 9 Sewer District from $2,033,271.18 to $2,058,271.18 as described in the preambles of this Resolution, and BE IT FURTHER, 322 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLVED, that the Town Board further authorizes and directs the Town Wastewater Director, Deputy Wastewater Director and/or Town Supervisor to execute the necessary Change Order No. 1, and BE IT FURTHER, RESOLVED, that, upon completion of such work, the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate Route 9 Sewer Capital Project Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Wastewater Deputy Director and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Deputy Director of Wastewater Mike Shaw-This change order is due to relocation of 1800 feet of sanitary sewer main. Noted the information of the gas line from Nimo was in error, their gas main was in the easement that we had…looking for reimbursement from Nimo, in the mean time change order is needed. RESOLUTION AUTHORIZING SANITARY WASTEWATER SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND SCHERMERHORN CONSTRUCTION, LLC AND SCHERMERHORN COMMERCIAL HOLDINGS, L.P. RESOLUTION NO. 107, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Schermerhorn Construction, LLC and Schermerhorn Commercial Holdings, L.P. (Schermerhorn) plans to build wastewater infrastructure to benefit certain properties it owns along Bay Road and which infrastructure is also intended to benefit other area properties, and 323 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 WHEREAS, such wastewater infrastructure shall be that described in the Map, Plan and Report of Thomas W. Nace, P.E., an engineer, licensed by the State of New York dated th August 16, 2002 regarding Central Queensbury Quaker Road Sewer District Extension No. 7, and WHEREAS, the Town Wastewater Department shall have the right to inspect and review installation of such wastewater infrastructure, and WHEREAS, a proposed Sanitary Wastewater Service Agreement between Schermerhorn and the Town has been presented at this meeting, and WHEREAS, the Queensbury Town Board has determined that such Agreement is consistent with its Resolution concerning establishment of Sewer District Extension No. 7 to the Central Queensbury Quaker Road Sewer District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between Schermerhorn Construction, LLC and Schermerhorn Commercial Holdings, L.P. and the Town of Queensbury in form to be approved by the Town Supervisor, Town Counsel and the Town Wastewater Department and substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement and take all action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Attorney Lapper-requested change in the language dealing with the payment from Baybridge in the event that they decide not to join or the town is not successful in collecting from them. Just to make sure that the same amount Rich Schermerhorn gets to collect for what he has constructed. Town Counsel Schachner-the proposed language would be inserted at the end of paragraph 8C that language would read, in the event that Baybridge HOA does not participate the Town shall remit to the owner the first forty three thousand five hundred thirty eight dollars received as capital buy in for 324 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 future properties within the district. Discussion held when this turnover would happen…Mr. Schermerhorn-I do not want to wait two or three years interest free sitting out there, I have been interest free since I started the project, I am happy with the terms that we have come up with at this point and I guess there is not an easy answer how to figure out how to put a time limit on it. Councilman Boor and Turner both agree to the amendment. Supervisor Stec-Noted this certainly sets the stage for other developers to have sewer available to them on that corridor. RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 108, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: RIDGE/JENKINSVILLE FROM: TO: $ AMOUNT: 138-7110-2899 138-7110-4403 2,700. (Cap. Construction) (Engin/Surveying) nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF OFFICERS ON TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 109, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION 325 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeals’ recommendation for its year 2004 officers, and WHEREAS, the Queensbury Town Board wishes to authorize the Zoning Board of Appeals’ appointment of officers for 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Lewis Stone as Chairman, J. Paul Hayes as Vice Chairman and Charles McNulty as Secretary of the Town’s Zoning Board of Appeals for 2004. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Town Counsel Schachner-requested that a typographical error be corrected to reflect Town Zoning Board of Appeals in the last line. Entire Town Board agreed to change. Supervisor Stec-The Queensbury Zoning Board of Appeals recommended these individuals. RESOLUTION AUTHORIZING AMENDMENT TO SECTION 1007 OF TOWN OF QUEENSBURY EMPLOYEE HANDBOOK AND RENAMING SUCH SECTION TO READ “VEHICLE USAGE AND TRAVEL REIMBURSEMENT POLICY AND PROCEDURES” RESOLUTION NO.: 110, 2004 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has adopted, as part of its Employee Handbook, Section 1007, “Vehicle Usage Policy and Procedures”, and 326 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 WHEREAS, Section 1007 mentions out-of-town meetings and reimbursement for travel, but does not provide significant guidance to reimbursement procedures, and § WHEREAS, General Municipal Law 77-b provides that actual and necessary registration fees, actual and necessary expenses of travel, meals and lodging and all necessary tuition fees incurred in connection with attendance at a conference shall be a charge against the municipality and the amount shall be audited, allowed and paid in the same manner as other claims against such municipality, and WHEREAS, the Town of Queensbury believes that it should have a uniform policy for reimbursement of travel, meals and lodging expenses, and WHEREAS, the Town Board wishes to amend its Employee Handbook Section 1007 and rename this section, “Vehicle Usage and Travel Reimbursement Policy and Procedures” accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of the Town of Queensbury’s Employee Handbook Section 1007 and rename this section, “Vehicle Usage and Travel Reimbursement Policy and Procedures” amend subsection “Out- Of-Town Meetings” and rename this section, “Meetings Outside of Town Hall” to read as bold print follows (new language is in and language to be deleted has a line drawn through it): “OUT-OF-TOWN MEETINGS OUTSIDE OF TOWN HALL This Policy shall apply to all officers and employees of the Town of Queensbury who travel on official Town business, including attendance at Town-sanctioned conferences. Town vehicles shall be used whenever possible by employees for travel while on official Town business. Prior approval must be obtained from the Town Supervisor before a personal vehicle may be used for official Town business. All employees must have prior approval from the Town Board in order to attend meetings which are either out-of-state or more than two hundred (200) miles from the Town office building. All employees must have prior approval from the Town Supervisor to attend meetings which are more than one hundred (100) miles from the Town office building. 327 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 Expenses for travel, meals, lodging, etc., must be pre-approved at least fifteen (15) days in advance by the Town Supervisor in order to be reimbursed after audit by the Town Board. Reimbursed expenses are not to exceed the amount budgeted for such meetings by the Department. Tax exemption certificates are available in the Comptroller’s Office. Anticipated travel must be pre-approved at least 15 days in advance by the Town Supervisor in order to qualify for reimbursement after audit by the Town Board. Only actual registration fees, travel expenses, meals, lodging and tuition fees may be paid as a claim against the Town. Tax exemption certificates are available in the Accounting Office. If a Town officer or employee elects to travel with a spouse, any additional lodging, travel and meal costs incurred as a result of the spouse’s attendance are the sole responsibility of the officer or employee and will not be paid by the Town. Meal expenses will be limited to be consistent with the rates published by federal government as listed by the U.S. General Services st Administration (GSA). Effective October 1, 2003, GSA has determined that for the City of Manhattan, the total maximum reimbursable rate for meals and incidental expenses is $51 broken down as follows: Breakfast - $10 Lunch - $12 Dinner - $26 Other Incidentals - $ 3 The Town Board adopts these as the maximum reimbursement rates for meal reimbursement for travel in the City of Manhattan. The Town will reimburse actual employee and/or officer meal expenses to the maximum per diem allowed. In order to be entitled to reimbursement, an employee must sign a statement verifying that the reimbursement requested is for his/her own or another officer or employee’s allowable meals and expenses. 328 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 If two or more Town employees are traveling together, it is acceptable for one employee to pay the bill and seek reimbursement for the maximum allowed for each individual. For example, if the employees eat dinner together in Manhattan, one employee could pay the bill and would be entitled to reimbursement of that bill provided that each employee meal total does not exceed the allowed $26. Travel outside of Manhattan will be reimbursable at rates consistent with the maximum per diem rate for Albany as set by GSA. Effective October st 1, 2003, the maximum allowable per diem rate is $47 broken down as follows: Breakfast - $ 9 Lunch - $11 Dinner - $24 Other Incidentals - $ 3 If an officer or employee is traveling to an area other than Manhattan and believes that the maximum per diem rate is insufficient, the officer or employee may petition the Town Supervisor for approval of reimbursement at a higher rate provided that such approval is sought at least 15 days in advance of travel. In no event shall the maximum per diem rates approved by the Town Supervisor exceed the maximum amount allowed for the area of travel by GSA for the year of travel. Questions regarding the Vehicle Usage Policy should be directed to the Town Supervisor’s Office.” and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to distribute copies of this Resolution to all Town employees and amend the Employee Handbook accordingly. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Stec NOES : Mr. Brewer 329 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 ABSENT: None Discussion held before vote: Supervisor Stec-In the past it was entirely subjective, at the discretion of the Town Supervisor signing the vouchers, there was no firm guideline of what was appropriate meal allowance or incidental allowance…this will be effective immediately and apply to us traveling to Manhattan. Councilman Brewer-Questioned if someone traveled to another area? Supervisor Stec-The last paragraph “If an officer or employee is traveling to an area other than Manhattan and believes the maximum per diem is insufficient the officer or employee may petition the Town Supervisor for approval of reimbursement at a higher rate…” Councilman Brewer-Why not have one rate at the maximum? Supervisor Stec-Because we want to be able to justify what ours is based on the easiest most clean way to do it is to say it is based on GSA. RESOLUTION AUTHORIZING ENGAGEMENT OF APPRAISAL CONSULTANTS FOR PROVISION OF DATA COLLECTION SERVICES TO ASSIST TOWN ASSESSOR RESOLUTION NO.: 111, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Assessor has advised the Town Board that one of the employees in her office is out for an extended period of time on disability and therefore has requested Town Board authorization to enter into services with Appraisal Consultants, the firm authorized by the Town Board to perform the Year 2005 Town-Wide Revaluation, for the provision of data collection services on a per diem basis to collect information on st the outstanding building permits for taxable status (by March 1, 2004), and WHEREAS, the cost per diem for such services will be $200, including mileage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the services of Appraisal Consultants to provide 2004 data collection on a per diem basis to collect information on the outstanding building permits for taxable st status (by March 1, 2004), at a cost of $200 per diem, and BE IT FURTHER, 330 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 RESOLVED, that the estimated time period for this work is three to five weeks beginning immediately upon adoption of this Resolution by the Town Board and concluding in March, 2004, and BE IT FURTHER, RESOLVED, that payment for such services shall be paid for from the appropriate account as determined by the Town Budget Officer and Town Assessor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Assessor to sign any documentation and take any other action necessary to effectuate the terms of this Resolution. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-The Town is proceeding with a Town Wide Revaluation starting this year and hopefully finishing next year. Assessor Otte-This is just st to meet this years March 1 dead line, noted the bad weather for working out doors and I have had a tremendous amount of trail time and a tremendous amount of back log of work that needs to get done. This is a temporary situation. Councilman Strough-Question since the same firm is being used in the reval will we be getting a break since they will have already done these parcels? Town Assessor Otte-No. The 2004 work that we are doing now is based on values and prices that we have been doing for the last ten years, for 2005 we are bring everything up to 2005 market. RESOLUTION APPOINTING ALBERT ANDERSEN AND GRETCHEN STEFFAN AS ALTERNATE MEMBERS ON QUEENSBURY PLANNING BOARD RESOLUTION NO. 112, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and 331 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 WHEREAS, two vacancies for alternate member positions exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint 1) Albert Andersen and 2) Gretchen Steffan as alternate members of the Town’s Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints 1) Albert Andersen and 2) Gretchen Steffan to serve as alternate members of the Queensbury Planning Board until such terms expire on December 31, 2011. nd Duly adopted this 2 day of February, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Interviewed six candidates for two alternate positions for the Planning Board and I can say that the Board was very impressed with the pool of candidates that we had. Narrowed the field to two, Mr. Albert Andersen, a retired Civil Engineer with a professional engineers license his talent will certainly be an asset to the Planning Board. Ms. Gretchen Steffan, is here tonight, she has been a long time resident of the area we were very impressed with your presentation and skill and background professionally. 7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 8.0 ATTORNEY MATTERS 9.0 EXECUTIVE SESSION Supervisor Stec-I would like to recognize our most recent town retiree Mr. Bob Westcott, he retired Friday. Thank you for your years of service to your Town. How many years of Service Bob? Mr. Bob Westcott-Twenty eight. th Supervisor Stec-For public information June 5 household hazardous waste collection day, here on the Town Campus. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 113.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION 332 REGULAR TOWN BOARD MEETING 02-02-2004 MTG. #7 SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss personnel matters. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 114.2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No action taken. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 115.2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Town Board Meeting. nd Duly adopted this 2 day of February, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury