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2008-11-03 MTG. #49 173 TOWN BOARD MEETING 11-03-2008 MTG. #49 TOWN BOARD MEETING MTG. #49 NOVEMBER 3, 2008 RES. 505-519 7:00 p.m. BOH 26-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC 1.0PUBLIC HEARING 1.12009 PRELIMINARY BUDGET NOTICE SHOWN PUBLICATION DATE: October 24, 2008 Supervisor Stec-Our first order of business is a public hearing on the 2009 Annual Budget for the Town of Queensbury, and what I will do is, we have a power point presentation as we have done in every year past that I can recall. It basically follows a similar format to previous years, so I am going to move an the rest of the board will move and Ryan Lashway our IT person will take the helm of the projector and I will move over there next to Barbara and we will walk through about a twelve slide presentation and take public comments. I will declare the public hearing open and then I will make the presentation. With that said I am very happy I think most of our regular meeting attendees will recognize that we have a significant number of Town Department Heads and employees in the room tonight and I want to start off by acknowledging their efforts. This is the fifth budget that I have prepared as Supervisor and while the dollars and cents might not be the most noteworthy because I think the first year I was Supervisor we made some significant budget reductions. But, with the said you know, I think it is very fair to say that the economic climate that the country and the state is facing right now and has for several months and it has been underlined in particular in recent weeks that the local municipalities are definitely feeling the pinch whether it is an energy concern or a future state participation or level of participation concern with our budget and certainly Warren County and Washington County are definitely experiencing that right now. I will note that Supervisor Strainer is here tonight and I know that he would agree that it is a challenging budget year at the County. With that said, though, I do want to recognize and thank the Department Heads and all the employees that have worked so hard on this budget and I am glad that they are all here tonight. I kind of encourage them to come just in case there are tough questions to be answered or asked but I wanted to, I want to also take this moment to acknowledge that I know that I leaned on them very hard this late summer and fall and, but they certainly are not immune to watching the news and seeing, reading the newspapers, and they certainly understood what was going on and what our challenges were. They worked very hard and I think that it is fair to say that I think we have produced a product that the Town Department Heads, employees and the town residents can hopefully be proud of. Ryan To point out our budget highlights for next year, 2009 will be the eighth consecutive year without a general town tax. I have mentioned this before but I think it is extremely important to mention again, that this year I asked Barbara to do a little research and she was able to find the data and Queensbury is one of twenty towns in the entire State out of nine hundred and thirty nine towns that has no town tax. I am going to say that again because I think it is that noteworthy an accomplishment and again something that I think that our public should be very proud of in the town that they live, that Queensbury is one of twenty towns out of nine hundred and thirty nine with no town tax and next year will be eighth consecutive year that, that’s been true. 2009 will also be the sixth consecutive year that sales tax is going to be left at Warren County as a rebate against the Queensbury’s taxpayers portion of the County 174 TOWN BOARD MEETING 11-03-2008 MTG. #49 taxes. You can see the breakdown over the six years, we started very moderately under previous administration after much urging we will not delve into that any further than that other than to say we started it with a small amount in 2004 and we ramped it up in the first budget that I did as Supervisor in 2005 we hit the high water mark in 2006 and we have been steady the last three years at two million dollars. The total at the bottom I think is very important to also know. We are just shy of having rebated ten million dollars, that is ten million dollars back to the property taxpayers of the town and again I think that is a very noteworthy accomplishment. The 2009 budget does reflect another two million dollar rebate. Getting into the actual preliminary budget that the town adopted a couple of weeks ago and set a public hearing on tonight for consideration for adoption as the towns budget I break, in my mind anyways, I always break down the budget into two categories, the grand total of all funds which this talks about and then the other one in which I think is a little more noteworthy and it is basically the general fund which is something that everyone participates in, there are other funds like water, lighting and wastewater districts that not everyone participates in. So, the general fund is the other subcategory of this but this is the grand total of all funds. You can see that we are up 5.2% from 2008. I will add though and again like I said on the onset of the presentation while this year by itself as its own snapshot isn’t the best year, 5% increase you know when you look at really what is driving that, a lot of that is energy costs and things that are associated with energy. But, picking a nice round period of time to look back over a five year snapshot which also happens to coincide with the five budgets that I have prepared the total adopted town wide budget appropriations has increased from a little under 24.9 million dollars to a little over 26.3 million dollars. At an annual rate over those five years it is a 1.2% increase. Now, I did look it up, I just didn’t pull the CPI out of the air I did go to the government labor statistics and the average over that five year period for CPI is almost exactly 3%. So, the towns budget appropriation while the town is always certainly talking about and concerned about how much growth we have, on a per capital basis and certainly we have added to water and wastewater districts in those times so our over all services have increased over the five years, I am not factoring that in we still have a town wide budget rate of increase over the last five years of less than half of the CPI. So, again I applaud the Department Heads for working so hard, this budget is certainly reflected of the efforts of the entire town staff and particularly Department Heads. (Ryan) This slide is just a graphic representation going back to 2001 and again I made earlier reference to my first budget in 2005 where we came in and cut the budget about 7.4% down to the twenty three million dollar figure and then it has basically resumed its rate of increase over the last five years but again looking from the 2004 to the 2009 number you are looking at approximately 1.2% annual increase. (Ryan) Breaking down a little farther now we will look at some, these are all funds that are, that comprise the General Fund, the general fund for the first time will be a tad over eleven million dollars in 2009 that represents a four hundred and twenty two thousand dollar increase or 4%. The Cemetery Fund likewise increased about 4%, the Highway Fund is up 10.1% and I am going to go into that in a little bit more detail in a minute, and actually our Solid Waste Fund, Mike Genier, I am sorry, Keith Sheerer has been doing a fantastic job there as a working foreman for us and I want to recognize his efforts. He actually turned in a budget that was down about twenty two thousand dollars or 3%. It is not often that you see a budget actually decrease. So, again I want to thank Keith specifically. The next slide is a graphic representation of the General Fund and again you can see in 2005 we came in with I would say with both a hatchet and a scalpel and did some work on the budget and almost a perfect limier of progression from 2005 to present, but again over the last five year to go from 10 million just under 10.1 million to just slightly over 11 million that is a 1.8% rate in increase. Again, I think significantly less than CPI and again something that I think the town should take comfort in. I told you the Highway Department increase was 10% and I think a lot of people could easily discount that off hand and say well that is probably fuel and asphalt and paving materials, road salt and what not. What we actually did is we broke it down, the increase was three hundred and sixty five thousand, now the General Fund increase is four hundred and twenty two thousand of that three hundred and fifty three thousand dollars is an increase in the amount to be transferred. There is a transfer of funds and this is really more of an accounting thing, but just by way of explanation. The General Fund transfers to the Highway Fund three hundred and fifty three thousand dollars, all right most of that transfer was, most of the increase in the General Fund was to off set the Highway Department and so otherwise if you factor that out the entire remaining portion of the 175 TOWN BOARD MEETING 11-03-2008 MTG. #49 General Fund went up sixty nine thousand dollars or about half of a percent. So, of that 4% General Fund increase when you pull out Highway the increase would have been about a half a percent. So, I, so Highway is on the hot seat so to speak, but again I think this pie chart definitely tells the tail and I want to thank Mike Travis he is doing a fantastic job managing the funds there. You can see and certainly there is a little uncertainty what the future is going to bring for what the gas price is going to be particularly the day after tomorrow let alone a year from now. But, we did under budget for gas and diesel this year a lesson learned and it certainly the Town of Queensbury was not alone in that, I think just about everybody did. I do not think anyone was anticipating four and a half dollar a gallon gas prices and hopefully we will not see that again. But, we did increase gas and diesel and you can see almost half of the Highway Budget increase is in the gas and diesel line. Likewise the big energy dependent factor is paving materials which we increase amount fifty thousand dollars we are not even, it is not necessarily to suggest that we are going to be paving more roads next year we are going to be spending more money on asphalt but that may not go as far as in years past. The other most note worthy piece of equipment is major equipment. Historically on just about an annual basis the town buys a tandem, one of the large dump trucks that people see throughout the year and in particular in the wintertime plowing the roads. We have got a number of them and the way it works out the way that we manage our fleet we basically on a program where we almost replace one a year. The Highway Department examined that and we have got a dated paver that is seen better days and is on borrowed time and bottom line is a tandem truck costs about two hundred thousand dollars the paver that they are looking is going to cost in the neighborhood of two hundred and seventy five thousand dollars, so in lieu of buying a tandem and a paver they have decided that they can get by a year without a tandem and that replacing the paver was more important. So, again when you factor in just those three chunks there the entire remaining part of the Highway Department Budget is actually very small. Breaking down some of the other Special Districts I will skip the first one and come back to it to spend a little bit more time on it the total of all Lighting Districts is up 3% and coincidentally Water and Wastewater, I do not know if they had coffee together when they worked out their budgets but they both landed on exactly 2.3% increases for next year. Again, below the rate of inflation. Emergency Services is up 11% we had some discussion in the past it has been reported in the paper but it is certainly always worth repeating, anytime you get something that jumps off the page at you like that. The Emergency Services Budget that does not reflect that we anticipate and I think it is not only important for the public to hear this but probably our fire departments and rescue squads understand this that the 11% increase that we have got programmed into the budget does not reflect an intention to increase by any means to increase the contract amounts by 11% in fact in building up that number that reflects a budgeted total increase to the Fire Budgets of approximately 2%. So, how do you increase budgets, contracts in the Fire Companies budgets by 2% and come up with an appropriations increase of 11%. Well, in addition to contracts that we have to pay for we do have things like workers comp. and service awards programs and insurances to cover but additionally the Emergency Services Contract last in 2008 was not covered by the amount that was budgeted for 2008. So, essentially we got two years worth of contract increases to worry about covering and making up for in the 2009 budget. (Ryan, next slide) Again, I compared here in this slide as in years past I made this comparison and some people will reject it others may not. But, certainly one of the two of the variables in explaining where Fire and EMS are is certainly EMS bill for service which we are going to talk about in a second and also paid staffing. Paid staffing contributed significantly more to the amount of appropriations we are paying, we have got about three hundred and fifty or three hundred and sixty thousand dollars in EMS Budgets to have paid people on staff seven days a weeks in the Town of Queensbury. Clearly we have improved response times and the quality of coverage due to speed but that also increases the appropriations. So, when you add Fire and EMS appropriations that is what the curve and I apologize for the yellow that could have been a better choice but you can see and the reason for the steepness over the last few years is specifically because we built a new squad building we bought a million dollar aerial device and we have added three hundred and fifty, three hundred sixty thousand dollars per year in paid staffing. So, that is why all of a sudden you have seen an appropriations increase. That is at over the last five years is 6.4% annual rate of increase, greater than inflation. (Ryan, next slide please) I mentioned though off setting this is something that I am very proud of that we worked very hard 176 TOWN BOARD MEETING 11-03-2008 MTG. #49 over years to get and now that we have got it off the ground it seems to be doing a good job for us on the revenue off set for the quality of service that EMS is providing that is the bill for service revenue. Where the Town has been billing for the last four years now, for EMS coverage and essentially most of the, most if not all of it, well, not all the vast majority of the payments have been from insurance coverage and you can see that the revenue that we have experienced has grown over the years as their call volume has grown. Certainly part of that in 2008 is also an increase in billing rates and you can see that number year to date is as of this morning almost seven hundred and sixteen thousand dollars for 2008. So, we are on pace for 2008’s revenue to be a little over eight hundred thousand dollars. I think we budgeted in the budget for this revenue next year one hundred and seventy five thousand dollars so we think we are a little on the conservative side because we are on pace with as I recall about eight hundred and fifty thousand next year so we may do better but certainly we have a fund balance if for some reason we are seeing an anomaly this year, but I do not believe that we are. But the bottom line number there is again another milestone number that I think is where the next couple of weeks we we will cross over 2.5 million dollars of non property tax revenue that has gone to improve the quality of service particularly in the EMS world. So, again I thank the Rescue Squads for working with us on that, they have been able to improve the service while lowering the cost to taxpayers. (Ryan) That is what this next slide shows, Ryan can you go back two slides real quick? I will show you, again there is the yellow curve that show appropriations and appropriations alone you say oh my goodness, what is going on here, two slides forward please Ryan, this is the amount to be raised by taxes, all right and the rest is being off set by significant EMS bill for service tax. Again, this is Fire and EMS combined. Now, when you look at the amount to be raised in taxes that 6.4% increase per year over the last five years is a 1.2% annual rate of increase so, we improved the service it did not come without a price but the price is being borne by the users and the insurance companies and not by the property tax payers. You can see that our property tax payers have enjoyed a significantly improved quality of service while having a very modest increase in the amount to be paid in taxes. (Ryan) These last couple of slides I will not dwell on these, these are available on the web site and I try to keep them up to date. But this shows the Town and County tax rates going back to 1988 and part of the downward dip in a couple of years in 1993 and 2005 of course is because tax rates change with a reval. You can see the blue line at the bottom is the towns tax rate and that first bar for those of you that cannot make it out at home that first demarcation on the graph is one dollar per thousand so you can see that going back to 1988 basically the highest the town tax rate has ever been was in 1988 and that was about fifty cents a thousand. Now, by comparison you know school districts and counties and cities in our area all measure their tax rates by the dollars if not multiple dollars per thousand so the town has always had a relatively low tax rate and you can see that right around 1993 it dipped down to about a quarter a thousand and then of course eight years ago to zeroed out. The yellow line is the County tax rate and then the red line is just the sum of the two lines so you could see that those converged in 2002 when we zeroed out the town tax and that big dip that you see in the County tax a few years ago is the installation of the rebate. The rebate depending on the year ranges anywhere between a thirty three to a sixty cent per thousand impact. So, you know that County tax rate is lower in Queensbury because of the rebate. So, first thing we did was we zeroed out the town rate then the next thing we did we went working on the County rate with surplus town funds and so far so good. We will see how we continue in the future. The last couple of slides here again this is actual vs budgeted sales tax and you can see right around turn of the century we were significantly under estimating the actual amount to be raised in sales tax. The blue line is what we actually brought in the red line is what the town called for in the budget. You can see if you go all the way back to about 1990 there were two years there where they were almost exactly on and then for almost the next two decades we were always under except for 2007 last year we were just about right on we were just actually a smidge low. But, that red line there for 2006 and 2007 is eight million dollars 2008 is not on there because we have not closed out the year on that yet so we do not know yet what we actually brought in but budgeted eight and we are on pace for better than eight. So, the question is what are we using for a number for 2009 we are also budgeting eight again. So, 2009 will be the fourth consecutive year that we have held the line on sales tax revenue. It looks like we are going to beat it this year, Lord knows what is going happen with the economy next year but again I think it is fairly conservative to hold the sales tax revenue flat for four years in a row. If you look at that 177 TOWN BOARD MEETING 11-03-2008 MTG. #49 there is really no other four year period where we actually kept it perfectly flat like that. I think it should be on the conservative side, but only time will tell. That is the entire slide show. With that said what I will do is I will ask Ryan to stick around in case we have to refer back to a slide but if the Town Board wants to come back to the front of the table here we can continue with the public hearing. With that said the public hearing is open and if there are any members of the public that would like to comment on the 2009 proposed budget that we are having our hearing on tonight just ask that you raise your hand and I will call on folks one at a time please. All right, yes Mrs. Monahan Mrs. Betty Monahan-I have got a series of questions so please bear with me while I thumb through the budget and the questions I put on it. It used to be a regulation, I do not know if it still is or not but the elected officials salary the maximum that they could be for the coming year had to be publicized at the same time as the public hearing. Supervisor Stec-They are, they were. Mrs. Monahan-I did not notice the ad in the paper there may have been. Supervisor Stec-There was. Mrs. Monahan-So, would you mind telling us now, because it is not on a sheet here in the budget. Supervisor Stec-It is part of the agenda and it is also it is in the budget but the all nine elected officials salaries will be increased by three and a half percent. Mrs. Monahan-Ok, but Supervisor’s salary? Supervisor Stec-I am looking, I do not have it handy, sixty seven thousand, thanks, Supervisor Sixty seven two seventy six, the four Council people seventeen three eighty two, Town Clerk Mrs. Monahan-Wait a minute please. Ok. Town Clerk Supervisor Stec-Town Clerk Sixty four five oh seven, Town Highway sixty five two oh five, and both Town Justices forty one seven seventeen. Mrs. Monahan-Dan do that again please the Town Justice Supervisor Stec-The Town Justice is forty one seven one seven and they were just for the record they were part of the meeting that we adopted the preliminary budget they are part of the resolution tonight and they were advertised in the newspaper. Mrs. Monahan-Ok. One of the questions I had is have we done an energy audit of these buildings? Supervisor Stec-The Water Department has done an energy audit down at the plant but as far as an energy audit for lighting and heat I am not, I do not recall the last time or if one has been done recently. Mrs. Monahan-My question is why not, because just as an amateur I can sit here and see a million ways that energy is being wasted in this building here. Supervisor Stec-You should see us on some Tuesday mornings. Mrs. Monahan-Huh? Supervisor Stec- You should see the Town Hall on some Tuesday mornings. Mrs. Monahan-Well, no, I mean and I think we are just throwing money away and it isn’t just the money we are also wasting the natural resources that we should be saving for future generations. So, will you have an energy audit done this coming year? 178 TOWN BOARD MEETING 11-03-2008 MTG. #49 Supervisor Stec-Yea, I will check and see when the last time one was done but I do not have the year. Mrs. Monahan-Oh it was been ages. Supervisor Stec-We will certainly look at it. We will look at that Betty. Mrs. Monahan-We have got a line here and in the 2008 Budget, publicity that adopted budget I do not know how much was spent sixty three thousand which seemed an awful lot why did we intent to spend that much. I do not think we did. Supervisor Stec-Barbara off the top of your head, that line, I know that some of the occupancy tax I believe was parked in that line as well. Mrs. Monahan-Ok. Councilman Brewer-Part of it also Betty was for the joint parade. Supervisor Stec-Yea, sixty three thousand dollars. Councilman Brewer-I am just saying that was only about four thousand something like that. Supervisor Stec-I think some of the occupancy tax was used in there Betty. Mrs. Monahan-I was going to say we could have the parade in the roses for that. Economic Development a hundred thousand dollars. Supervisor Stec-That is for our contract with Warren County EDC down from one hundred and twenty eight thousand the last few years. Mrs. Monahan-And what are we really getting for that do we have any concrete Supervisor Stec-We had a workshop with them a week ago where they presented a book of information and I do not want to misquote but it was, they laid out all their efforts on the towns behalf over the last few years and their accomplishments and how many hundreds of jobs they have secured or created through Empire Zone and through their efforts. The Town Board did just have a workshop on that very subject with them a week ago. Mrs. Monahan-Highway machinery you told us what kind of money you are going to spend on that. Estimated revenue as per capita was the way the State Budget is do you really think we are going to get it or do you think we may get nothing? Supervisor Stec-You mean the sales tax? Mrs. Monahan-No, per capital aid from the State, Item 3001 which is seventy five thousand which I am assuming is coming from New York State per capita. Supervisor Stec-We will see, I mean we will see, hopefully. Mrs. Monahan-The Town Counsel is split thorough a lot of different line items. Supervisor Stec-Give me a second let me interrupt you right there, because I explained this to the Town Board when we did their, the workshop that we had on the budget with them. Up until a couple of years ago Town Counsel was basically all concentrated under very few lines, basically one for the General Fund, one for the Water Department, one for Wastewater Department. A couple of years ago the Town Board had the idea in order to better control, or better track the way it was going we took those, essentially in the General Fund the one big line in the General Fund and fractured that amongst all the various departments, Building and Grounds, Highway, Assessor we broke it down and 179 TOWN BOARD MEETING 11-03-2008 MTG. #49 then what we found out that over time there was an awful lot of transferring back and forth especially late in the year to cover that because it is really hard to predict exactly how that breakout is going to be. This year what we did was we re-constituted them all under the original heading so we collected them out of all the various sub-departments and put them back under the General Fund. I will tell you that the end game is that the 2009 grand total for Town Counsel is the same as it was in 2008, whatever that total was the retainer amount is the same we did not change the budgeted amount. You are going to want the number and off the top of my head I cannot remember what their Mrs. Monahan-That was my question Supervisor Stec-It is the same it has not been increased a nickel, but I just cannot remember off the top of the head what their retainer was. One fifty plus the litigation, I mean, I cannot remember the bottom line is it was a two year contract the numbers contractually did not change and the amount that we, the one variable expense that we had there is litigation and we did not change the amount of budget there. Budget Officer Tierney-The retainer is fifteen thousand a month which comes to a hundred and eighty thousand a year plus litigation. Supervisor Stec-That sounds right, a hundred and eighty thousand for the year plus litigation. Mrs. Monahan-In 2008 so far how much is litigation run us? Budget Officer Tierney-I would have to add that up. Mrs. Monahan-Ok. I am looking at the heating fuel here I do not question it, I just wondering which the buildings are? We have got one for fourteen thousand, one for forty five hundred, one for eight thousand and another one for eight thousand. Barbara do you know which buildings those are? Budget Officer Tierney-I will be glad to get back to you. Mrs. Monahan-Ok. When there is breaking down under Economic Development we have a consultant I am assuming that is the same hundred thousand dollars that is for Warren County? It is the same amount. Supervisor Stec-That is the only consultant we are using is Economic Development, EDC. In fact I will just point out as an aside that, that was perhaps the, I am sure it was the most significant and I am not complaining but it just, by way of information while you are getting your next question ready, that was the line that the Town Board in the workshop changed the most. I had, like I had said before, the last few years since we originally contracted with EDC the number had been a hundred and twenty eight thousand I cut it in my preliminary, my tentative budget to a hundred and twenty thousand and then in the Town Board’s process the discussion was and we agreed to lower it to a hundred thousand. So, as far as between the Supervisor’s budget and this tentative and now preliminary I am sorry budget, that was probably the one line that changed the most significantly, cut from one twenty eight to one twenty down to one hundred. They were not thrilled with that and I am sure they are going to try and convince us that they are worth the one twenty or more. Well, that was part of what they tried to do a week ago to but that, of all the lines that was one that changed the most in the last month or so. Mrs. Monahan-The other one I noticed is under the Land Conservancy I do not find it right this minute but there was like twenty eight thousand dollars is that for purchasing land? Supervisor Stec-Leon Steves asked me for that, I do not have the letter handy but that one was one of the out lyers as far as our non profit participation and I cannot remember why but it was for a specific reason but I do not think it was, it may have been having to do with the property acquisition but it may not. 180 TOWN BOARD MEETING 11-03-2008 MTG. #49 Councilman Brewer-So, improvements on property that have been donated. Supervisor Stec-We got a letter I just off the top of my head I don’t remember. Mrs. Monahan-I just wonder when you say improvements if its Councilman Brewer-Well they had to, they put a fence up along Clendon Brook where they had the property donated they would like to put a parking lot for three or four or five cars there. Mrs. Monahan-Will those expenses actually go under Parks and Recreation eventually? Even though Councilman Brewer-No. It is totally separate. Mrs. Monahan-I realize that, but I did not know if we were going to use it for Parks and Recreation when you talk about having a parking lot there assuming we are using it, it is not just going to stay there and it would seem like it would come under Steve’s domain at that time even though Councilman Brewer-Totally separate of the town, Betty, they get funded from the Town but they own property the Town doesn’t have any liability, doesn’t have anything to do with what they do with the property. It is complicated. Supervisor Stec-They had a letter that asked that and I do not, I do not think we should guess it, what it said. We can get you a copy of their request, Betty. Mrs. Monahan-I get a little concerned with that because of the insurance liability and everything. Councilman Brewer-They have insurance. Mrs. Monahan-The town is going to get sued sooner or later. Supervisor Stec-We get sued all the time. Mrs. Monahan-That is what I am saying, I mean the buck stops here when you get down to it no matter whose name it is under. Councilman Brewer-Where did you get sixty five thousand for celebrations? Mrs. Monahan-It shows in a budget, it wasn’t used and I just wondered on what you had planned on doing. Councilman Brewer-In the 08 budget it was only Mrs. Monahan-No, look at proposed it was in the proposed for 2008. Supervisor Stec-Publicity. Councilman Brewer-Oh publicity, ok. Mrs. Monahan-Ok. Thank you Supervisor Stec-Thank you Betty. Mr. Tucker Mr. Pliney Tucker-41 Division Road, Queensbury First question, Dan, How much do you get out of the County? Supervisor Stec-Pardon me? 181 TOWN BOARD MEETING 11-03-2008 MTG. #49 Mr. Tucker-How much do you get at the County? Supervisor Stec-I think County Supervisor, I don’t recall the exact number I think the County Supervisor’s salary is about seventeen thousand, almost the same as a Councilman’s salary here. Mr. Tucker-Roughly seventeen. Supervisor Stec-Yes, give or take it might be seventeen five. Mr. Tucker-All the salaries that are listed for elected officials that include all the benefits and everything else? Supervisor Stec-That is the salary that is not their health insurance benefits or anything Mr. Tucker-Just their salary. Supervisor Stec-That is the salary. Mr. Tucker-I understand that you settled a three year contract with the Highway Department? Supervisor Stec-No, you mean we have not settled anything yet we think we are close and we think that they are going to vote on a contract tomorrow afternoon. Councilman Brewer-Not just the Highway Department though Pliney it is the whole Union. Supervisor Stec-But it is not, the whole Union not just the Highway Department the entire Union at the town. Mr. Tucker-I got a question on their health insurance in the Highway Department do you want to wait until this is done before you answer it? Supervisor Stec-Yea, sure. Councilman Brewer-Well, because they have not voted on it yet so we do not know what it is going to be we have an idea. Mr. Tucker-We are going to have the four minutes later on? Supervisor Stec-Yes. Mr. Tucker-Thank you. Supervisor Stec-You are welcome. Is there anyone else that would like to address the Board this evening on this public hearing? Mr. Salvador Mr. John Salvador-Good evening, my name is John Salvador I am a resident in North Queensbury at 37 Alexy Lane. Looking at your Budget Summary and Tax Rate Estimate Sheet, If you had included the Library District as a taxing district in this budget as the Town of Moreau does you could have shown that they were seeking an increase double what you emergency services are asking for. They are close to 16% in our increase in taxes for this town. What is the total cost of the sidewalk maintenance and where is it to be found in the budget? Supervisor Stec-I could not find it for you very quickly, can you Barbara? It would fall under the Highway Department some of it, there is some in the General Fund, I cannot recall what we did with that. Councilman Brewer-That is a function, you mean plowing the sidewalks and whatnot? 182 TOWN BOARD MEETING 11-03-2008 MTG. #49 Mr. Salvador-Total maintenance of sidewalks is the responsibility of the town whatever it is, pulling weeds, plowing snow. Councilman Brewer-Highway Department John, it is in their budget. I do not know how Mike incorporates it particularly into their budget but Supervisor Stec-We can find it for you and get back to you. Mr. Salvador-Well, the point is if it is in the Highway Budget then all the citizens in the town are paying for the sidewalks Supervisor Stec-I am not sure Councilman Brewer is correct in stating that the money is fiscally located in the Highway Budget. Mr. Salvador-Then where is it, that is all? Supervisor Stec-I just said we could probably find it for you but not this instant. Mr. Salvador-I want to be sure that it is complete, that all the, these sidewalks that are being built on Route 9 now they are going to have to be cared for and in addition to the ones that we already have. So, I had addressed a letter to the Town Board a couple of months ago encouraging that the insurance that each of the fire companies writes that it be consolidated in one policy has anything been done? Councilman Metivier-I talked to numerous carriers excuse me, agents about that and most say it cannot be done based under one policy. Now, that doesn’t mean we can’t shop it but based on how the fire departments are set up in the Town you cannot have one blanket policy for all five and their trucks and apparatus and men and all that. So, when the time comes we will shop it to see if we can save money but as far as I have been told from everyone it cannot be done the way you and I thought we could do it. Supervisor Stec-But we might be able to shop it and get a better rate for them collectively as separate policies but not one policy. It is a minor difference but it is a difference worth pointing out. Mr. Salvador-But you should lift this from their responsibility and the Town do it whether you have five separate policies or one or however you do it. Councilman Metivier-And we talked about that but as I said you and I had discussed trying to consolidate it into one policy but that cannot be done, but that doesn’t mean we can’t do an RFP. Mr. Salvador-Why don’t ask our Town Insurance carrier whether it can be done and if it can be Councilman Metivier-I have talked to our Town insurance carrier. Mr. Salvador-And they say it cannot be done? Councilman Metivier-They said it couldn’t be done the way I had proposed it but that he would certainly be willing to look at it to shop it, because he doesn’t handle it currently. Mr. Salvador-Did you propose it correctly? Councilman Metivier-Well, I proposed it you know, I explained to him that we have five fire different, yea, the way you and I talked about it is exactly how I proposed it to him, yes. Mr. Salvador-Mr. Montesi, Councilman Montesi gave report a couple of months ago about the Quaker Road drainage project I have read the agreement proposed agreement on that project and the town is in for 25% of that cost of that project. 183 TOWN BOARD MEETING 11-03-2008 MTG. #49 Supervisor Stec-That has been the discussion as you pointed out we have not enacted or passed that agreement yet but that is the direction it was heading. Mr. Salvador-Right. Anyway we are in it for 25% how much is that and where is it in the budget? Supervisor Stec-That would be a Capital Project and would come out of the Capital Reserve which like all of our other Capital Projects wouldn’t be included in the operating budget it would be a separate thing to fund at a later date. Mr. Salvador-Another project that I have taken the trouble to review is the Takendewide Wastewater Sewage Project, the Transportation Corporation. In that agreement it says the Escrow Agents compensation shall be paid by the Town. That is a violation of Article 7 Section 1 of the State Constitution. Article 8 Section 1 of the State Constitution. Monies of the Town shall not be used in furtherance of a private project, private undertaking. Normally the Developer pays the Escrow Agent that is normal that is not, why we should have to do that I can’t understand and I am sure it is a violation of the law. The other thing I see in here is that the Homeowners Association in the Town desire that the Town Attorney act as Escrow Agent to hold the shares etc.etc. Isn’t that a conflict? An Escrow Agent is supposed to be a third party, usually a bank somebody like that, an institution. I just think that this is a gross conflict. Another small thing in here and we can bring it up at another time but it is worth mentioning it talks about the scope of the Transportation Corporation and it will deal with the collection and the treatment or disposal of sewage and other wastes. That is not going to fly with the DEC. A Supervisor Stec-Are we going to please limit our discussion to the 2009 Budget? This is a stretch right now. Mr. Salvador-Ok. All right, in any case the Speedies Permit is for Wastewater, domestic wastewater and this says other waste. Thank you. Supervisor Stec-Is there anyone else that would to comment on the 2009 Budget Public Hearing? Seeing none I will close the public hearing. 7:44 P.M. I do want to take this opportunity one more time to thank there are about a dozen town employees, department heads and senior staff members and public that are in attendance tonight. Craig Brown, Chuck Rice, Terri Ross, Mike Travis, Chris Harrington, Bruce Ostrander, Mike Shaw, Stu Baker I want to thank you guys, one for coming tonight but more importantly much more importantly for your efforts in not just this budget but the previous budgets and like I said I wanted to drag you all out here tonight to pat you on the back with the presentation and let you know that you have made my five years of trying to run the financial show around here easier than it could have been and more successful than likely it would have been without your efforts. I want to thank you all and in particular on this budget I think that we can all look each other in the eye and say it is a good budget you know there may have been a line item here a line item there that you guys left my conference room scratching you head over but I do not think any of you went out there saying there is no way we can do it for that. I see somebody still scratching you head, that is all right Highway Superintendents are supposed to do that Mike. So, anyways unless there is any further discussion I will entertain a motion to adopt the budget. RESOLUTION ADOPTING ANNUAL TOWN BUDGET RESOLUTION NO. 505, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 184 TOWN BOARD MEETING 11-03-2008 MTG. #49 WHEREAS, the Queensbury Town Board conducted a public hearing on rd November 3, 2008 concerning the proposed 2009 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2009 Preliminary Budget sets forth the proposed 2009 salaries of the Town’s Elected Officials as required by New York State Town Law §27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2009 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $67,276. TOWN COUNCILPERSON (4) $17,382. TOWN CLERK $64,507. TOWN HIGHWAY SUPERINTENDENT $65,205. TOWN JUSTICES (2) $41,717. and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2009 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2009 with the following modifications: and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, 185 TOWN BOARD MEETING 11-03-2008 MTG. #49 RESOLVED, that a copy of the adopted Annual Budget for 2009 is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby states its support of non-profit and other community organizations by providing funding as outlined in the Schedule of Contributions which is contained in the supporting documentation to the 2009 Adopted Budget, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi 2.0 ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 506.2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HECKMAN 186 TOWN BOARD MEETING 11-03-2008 MTG. #49 RESOLUTION NO.: 26, 2008 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John Heckman has applied to the Local Board of Health for variances from Chapter 136 to locate a proposed basement expansion approximately: 1.3’ from the existing septic tank instead of the required 10’ setback; and 2.3’ from the existing seepage pit instead of the required 20’ setback; on property located at 68 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, November 17, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Heckman’s sewage disposal variance application concerning property located at 68 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.13-2-48) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH 187 TOWN BOARD MEETING 11-03-2008 MTG. #49 RESOLUTION NO. 27.2008 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health is hereby adjourns its meeting and moves back into Regular Session. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi 3.0 PRIVILEGE OF THE FLOOR (Limit 4 Minutes) Mr. Pliney Tucker-I heard a rumor have you hired a Clerk for you office? Supervisor Stec-No Mr. Tucker-Mr. Montesi was not here the last meeting he is missing tonight. Supervisor Stec-Ron is very ill but getting better we expect him to be back in a week. Mr. Tucker-Treadwell’s reception at the West Glens Falls Fire House that should not be happening on town property. Supervisor Stec-That is not town property. Councilman Brewer-It is not town property and he paid to rent the place and it is nothing to do with the town. Supervisor Stec-It is not town property and it is not a town matter. Councilman Strough-Well, it was a violation of 501C3, non profits. Supervisor Stec-It is not a town matter and I am not sure the information I have necessarily would agree with what Mr. Strough just said, in any event it is not a town matter. Mr. Tucker-They had their hats and uniforms and everything else. Mrs. Monahan-Pliney just brought up a subject and concerned me very much too and that is the political rally that was held at the West Glens Falls Fire House and I will tell you why it concerns me, and I realize rules an regulations change. At one time and I am not sure if it was Bay Ridge or Queensbury North, when they were going to borrow money the bank said they had to re-do their charter Paul Pontiff was the Attorney, and one of the things that had to be put in there was that they could not engage in political activities. I think whether they are renting or not that engaging in political activities. It is not our building but we are in a contract with a non profit organization so I am a little concerned that we are giving money to an organization that may be violating. I do not know if it is 501C3 or what designation they are and I know there is a difference between each but since I work in several of those organizations I am very aware of some the constraints on you. I am concerned that we are having a contact with an organization that maybe in violation of their charter. 188 TOWN BOARD MEETING 11-03-2008 MTG. #49 Mr. John Salvador-Read to the Board on an advisory on 501C3 corporations: Organizations described in Section 501C3 of the Code that are exempt from Federal Income Tax are prohibited from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office. Questioned the upcoming workshop on zoning. Supervisor Stec-We will likely have many workshops on the zoning code. Mr. Salvador-Would like to have workshop on the subject of special use permits as they pertain to marinas in North Queensbury. I think we are granting special use permits in violation of the zoning law. The can only be issued if the underlying use is a permitted use in the district. No further public comments 4.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 507, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Revere, Triphammer and Honey Hollow Roads, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th on Monday, November 17, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay 189 TOWN BOARD MEETING 11-03-2008 MTG. #49 Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post a Notice of Public Hearing in the manner provided by law. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW PROHIBITING PARKING ON SOUTH SIDE OF SUNSET LANE RESOLUTION NO.: 508.2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on the south side of a portion of Sunset Lane in the Town of Queensbury beginning at its intersection with Assembly Point Road and continuing in a westerly direction, a distance of 279’±, and WHEREAS, such legislation is authorized in accordance with New York State § Town Law, Vehicle and Traffic Law 1660(18) and the Municipal Home Rule Law, and WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public hearing, 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.m. on Monday, th November 17, 2008 to consider the proposed Local Law presented at this meeting, hear all interested persons and take such action required or authorized by law, and 190 TOWN BOARD MEETING 11-03-2008 MTG. #49 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post a Notice of Public Hearing in the manner provided by law. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING REINSTATEMENT OF PETTY CASH IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 509, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, certain Departments of the Town of Queensbury are allotted petty cash in order to purchase necessities such as postage or supplies on a more timely basis, and WHEREAS, the Town Highway Superintendent has requested a reinstatement of its petty cash allotment in the amount of $200, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reinstatement of the Town Highway Department’s petty cash allotment in the amount of $200, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None 191 TOWN BOARD MEETING 11-03-2008 MTG. #49 ABSENT: Mr. Montesi RESOLUTION AUTHORIZING ENGAGEMENT OF BIRCHWOOD ARCHAEOLOGICAL SERVICES TO PROVIDE SUPPLEMENTAL PHASE IB CULTURAL RESOURCE SURVEY IN CONNECTION WITH RUSH POND PEDESTRIAN ENVIRONMENTAL TRAIL PROJECT RESOLUTION NO.: 510, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 to fund expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund #166, and WHEREAS, by Resolution No.: 202,2008 the Town Board authorized funding for a supplement to such Project, and as part of such supplemental Project, authorized engagement of Birchwood Archaeological Services (Birchwood) for an amount not to exceed $6,107 for provision of Archaeological Phase IA/IB services (Cultural Resource Survey), and WHEREAS, Birchwood has completed such services and it is now necessary to engage Birchwood for completion of a Supplemental Phase IB Cultural Resource Survey for the proposed realigned portion of the trail for an amount not to exceed $3,440 in accordance with Birchwood’s proposal dated October 16, 2008 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the services of Birchwood Archaeological Services for the provision of the Supplemental Phase IB Cultural Resource Survey for an amount not to exceed $3,440 as described in the preambles of this Resolution, and 192 TOWN BOARD MEETING 11-03-2008 MTG. #49 BE IT FURTHER, RESOLVED, that payment for such services shall be from Account No.: 166- 8020-2899, and RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation related to the engagement of such services and the Town Supervisor and/or Town Budget Officer to take any further action needed to effectuate the terms of this Resolution. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi ORDER SETTING PUBLIC HEARING ON REVISED MAP, PLAN AND REPORT CONCERNING PROPOSED WATER DISTRICT IMPROVEMENTS ALONG MAIN STREET IN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 511, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 120,2003, the Queensbury Town Board authorized and approved improvements to the Queensbury Consolidated Water District, such improvements being the replacement of a water main along Main Street in the Town of Queensbury as described in a Map and Plan (Map, Plan and Report) prepared by Barton & Loguidice, P.C., professional engineers (Barton) dated November, 2002, and WHEREAS, the Town Water Superintendent previously advised the Town Board that it was necessary that Barton update the Map, Plan and Report for the proposed Water District improvements to (a) reflect increased estimated project costs for the projected construction schedule, (b) meet procedural requirements for special districts and (c) add an additional water main to the design drawings along the approximately 1,000 feet of Big Boom Road to be realigned and the connection to the Main Street water main; the Town Board authorized Barton to update such Map, Plan and Report and Barton provided a revised Map, Plan and Report dated August, 2006, and 193 TOWN BOARD MEETING 11-03-2008 MTG. #49 WHEREAS, the Town Water Superintendent again advised the Town Board that it would be necessary that Barton update the Map, Plan and Report for the proposed Water District improvements to reflect further increased estimated project costs for the projected 2009construction schedule, and the Town Board authorized Barton to update such Map, Plan and Report, and WHEREAS, the revised Map, Plan and Report dated August, 2008 has been prepared by Barton and filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report describes the proposed improvement, exactly what work is proposed to be done and an estimate of the cost, and WHEREAS, the Town Board accepts such revised Map, Plan and Report as the Map, Plan and Report for the Water District improvements; and WHEREAS, the Town Board wishes to authorize such improvements to the Queensbury Consolidated Water District and the replacement of the currently obsolete, inadequate or worn-out water main along Main Street, and WHEREAS, by Resolution No.: 119,2003, the Queensbury Town Board, as SEQRA Lead Agency, conducted a coordinated SEQRA review and, after considering the action, approved a SEQRA Negative Declaration for the Project, NOW, THEREFORE, IT IS ORDERED: 1.The proposed improvements are as described in such Map, Plan and Report, including the replacement of the aged 8” water main along Main Street with a new 12” water main, the installation of approximately 1,000 feet of new 12” water main along the realigned section of Big Boom Road and an additional connection from the existing 12” water main coming from the west along Corinth Road, thereby improving pressure and flow to the Queensbury Consolidated Water District. 2.It is proposed that construction of the water main would immediately precede the currently planned road reconstruction project. Since this is a replacement of an existing water main, it is not expected that there will be any lands to be acquired and it is expected that the water main would be placed in the highway rights-of-way along the northern portion of Main Street as more specifically shown in the Map, Plan and Report. 194 TOWN BOARD MEETING 11-03-2008 MTG. #49 3.The changes in the proposed project related to realignment of a portion of Big Boom Road are not substantive and do not require amendment of the SEQRA Negative Declaration. 4.The maximum estimated cost for these improvements to the Queensbury Consolidated Water District is $1,300,000. 5.The Map, Plan and Report describing the improvements, the capital project costs and all other related matters is on file with the Queensbury Town Clerk and it is available for public inspection. 6.The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, November 17, 2008 to consider the revised Map, Plan and Report, hear all persons interested in the proposal and take such other and further action as may be required or authorized by law. 7.The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post a Notice of public hearing not less than ten (10) days nor more than twenty (20) days before the public hearing date as required by Town Law §202-b. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi ORDER SETTING PUBLIC HEARING ON REVISED MAP, PLAN AND REPORT CONCERNING CREATION OF WEST QUEENSBURY SANITARY SEWER DISTRICT RESOLUTION NO. 512, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 118,2003, the Queensbury Town Board established, authorized and approved creation of the West Queensbury Sanitary Sewer District (Sewer District) as described in a Map, Plan and Report prepared by Barton & Loguidice, P.C., professional engineers, (Barton) dated December, 2002 and revised September, 2004, and 195 TOWN BOARD MEETING 11-03-2008 MTG. #49 WHEREAS, the Town Wastewater Director previously advised the Town Board that it is necessary that Barton update the Map, Plan and Report for the West Queensbury Sanitary Sewer District to reflect estimated project costs for the projected construction schedule and to meet procedural requirements for special districts, the Town Board authorized Barton to update such Map, Plan and Report and Barton updated the Map, Plan and Report in November, 2006, and WHEREAS, the Town Wastewater Director advised the Town Board that it is necessary that Barton again update the Map, Plan and Report to reflect increased estimated project costs for the projected 2009 construction schedule and the Town Board authorized Barton to update such Map, Plan and Report, and WHEREAS, the revised Map, Plan and Report dated August, 2008 has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the revised Map, Plan and Report delineates the boundaries of the proposed Sewer District, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, estimated project costs for the projected 2009construction schedule and meets procedural requirements for special districts, and WHEREAS, by Resolution No.: 117,2003, the Queensbury Town Board, as SEQRA Lead Agency, conducted a coordinated SEQRA review and after considering the action, approved a SEQRA Negative Declaration for the Project, and WHEREAS, the Town Board wishes to establish the proposed West Queensbury Sanitary Sewer District in accordance with Town Law Article 12-A NOW, THEREFORE, IT IS ORDERED: 1.The boundary of the proposed West Queensbury Sanitary Sewer District is shown on the Map of Proposed Sewer District attached as Figure 1 of Appendix A to the Map, Plan and Report and described in Exhibit A attached to this Order. The benefited properties proposed to be a part of the Sewer District are as detailed in Appendix C of the Map, Plan and Report and Exhibit B attached to this Order. 196 TOWN BOARD MEETING 11-03-2008 MTG. #49 2.The proposed improvements include the construction of a ten inch PVC gravity sewer main along Warren County Route 28 in the Town of Queensbury. The sewer main would connect the City of Glens Falls sewer system approximately 150 feet east of the Town/City line and would be installed along the south side of the roadway, typically under the proposed sidewalk, crossing Interstate Route 87 and terminating approximately 105 feet west of the intersection of Corinth Road and Big Bay Road. In addition, to allow for future growth outside of the proposed district ten inch gravity sanitary sewers would be installed across Main Street to the north side of the roadway and connect to the proposed ten inch sewer on the south side of Main Street at the intersections with Pine Street, Newcomb Street, Richardson Street, Allen Drive and South Avenue. These improvements would service parcels on the north side of Main Street and/or future areas north of this proposed District. The initial cost of these improvements would initially be paid for from the Town general fund, and when these connections are utilized by future expansion the Town general fund would be reimbursed by the future districts or extensions. Permanent utility easements would be sought, where required. In all, approximately 6,350 linear feet of PVC sewer main would be constructed. Service laterals would be provided from the sewer main to the property or easement line for each existing developed and undeveloped parcel within the proposed Sewer District. Property owners would be required to connect their building plumbing to the sewer service lateral and, where applicable, to disconnect and decommission their private on-site wastewater disposal system. 3.All proposed improvements shall be installed and paid for as described in the Report (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 4.The maximum amount proposed to be expended for these improvements is $1,560,000including a one time buy-in fee to the City of 197 TOWN BOARD MEETING 11-03-2008 MTG. #49 Glens Falls wastewater treatment facility. The improvement costs for various components of the proposed Sewer District are specifically described in Table 1 of the Map, Plan and Report. The proposed Sewer District would be responsible for $1,400,000 and the Town General Fund would be responsible for $160,000 of the total cost. The Town would secure financing for the capital project on behalf of the District. Cost estimates for the District are based on a 30 year borrowing at a 4.88% interest rate with equal annual payments of principal and interest. 5.A list of each property owner and tax map number with the estimated costs to each parcel is listed in Appendix C to the Map, Plan and Report. The proposed Sewer District will charge properties based on a benefit formula, not on assessed value. The estimated annual cost of the Project to the typical one or two family home, which is also the “typical” property in the proposed Sewer District will be $662.32 which includes a benefit assessment of $487.32 to pay capital costs and $175.00 in sewer rents to pay the cost of operation, maintenance and administration. Each property owner will arrange for his/her connection to the System from the highway right-of-way or easement boundary to the building at his/her own expense. The cost to retain a private contractor to install such a connection varies significantly depending on the individual conditions including distance from the line and various subsurface conditions. There will be a $10 permit fee by the Town but no “hook-up fee” to the proposed Sewer District. As properties within the District are redeveloped and require additional capacity at the Glens Falls sewage treatment plan the individual property owner would pay the buy-in cost for the additional capacity needed at the time of connection to the sewer system based on estimated water usage. A subsequent adjustment might be made at the discretion of the Town Board based on actual metered water usage. 6. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Map, 198 TOWN BOARD MEETING 11-03-2008 MTG. #49 Plan and Report which is on file with the Town Clerk and available for public inspection. 7.The Town Board shall meet and hold a public hearing to hear all persons interested in the establishment of the Sewer District, consider the Map, Plan and Report and take such other and further action as may be required or authorized by law at 7:00 p.m. on Monday, November 17, 2008 at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York. 8.The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date as required by Town Law §209-d, complete or arrange for the securing of the required two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing and file a certified copy of this Order with the State Comptroller on or about the date of publication. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi EXHIBIT A BOUNDARY DESCRIPTION TOWN OF QUEENSBURY WEST QUEENSBURY SANITARY SEWER DISTRICT The West Queensbury Sanitary Sewer District, situated in the Town of Queensbury, County of Warren, State of New York, being particularly described as follows: Commencing at a point of beginning, said point being the southeastern corner of Parcel 309.11-1-40 as shown on Tax Map 309, Town of Queensbury, Warren County, latest revision dated year 2000, said corner being along the western highway boundary of Thomas Street; thence southwesterly along the southern boundaries of Parcels 309.11-1- 40, 41, 42, 43, 44, 45, 46, 47, and 48 to the southwestern corner of Parcel 309.11-1-48, said corner also being along the eastern highway boundary of Caroline Street; thence perpendicular across Caroline Street to the southeastern corner of Parcel 309.11-1-30, said corner also being along the western highway boundary of Caroline Street; thence southwesterly along the southern boundaries of Parcels 309.11-1-30, 33, 34, 35, 36, 37, 38, 39, 309.10-2-22, 23, 24, 25, 26 and 27 to the southwestern corner of Parcel 309.10-2- 27; thence northwesterly approximately 20 feet along the westerly boundary of Parcel 309.10-2-27 to the southeastern corner of Parcel 309.10-2-28; thence southwesterly to the southwestern corner of Parcel 309.10-2-28, said corner also being along the eastern highway boundary of Richardson Street; thence southwesterly across Richardson Street to the southeastern corner of Parcel 309.10-1-7, said corner also being along the western 199 TOWN BOARD MEETING 11-03-2008 MTG. #49 highway boundary of Richardson Street; thence southwesterly along the southern boundary of Parcel 309.10-1-7 to a point on the eastern boundary of Parcel 309.10-1-8; thence southeasterly along the eastern boundary of Parcel 309.10-1-8 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.10-1-8 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.10- 1-9; thence southeasterly along the eastern boundary of Parcel 309.10-1-9 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-9 and 309.10-1-10 to a boundary corner of Parcel 309.10-1-10; thence northerly along the boundary of parcel 309.10-1-10 to a point; thence southwesterly along the southern boundary of said Parcel 309.10-1-10 to its southwestern corner, said corner also nd being along the eastern highway boundary of 2 Street; thence northwesterly along the nd western boundary of said Parcel 309.10-1-10 and eastern highway boundary of 2 Street nd to a point; thence perpendicular across 2 Street, to the southeastern corner of parcel 309.10-1-19; thence southwesterly along the southern boundary of Parcel 309.10-1-19 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.10-1-20; thence southeasterly along the eastern boundary of Parcel 309.10-1-20 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-20 and 309.10-1-21 to the southwestern corner of Parcel of 309.10-1-21, said corner also being along the eastern boundary of Parcel 309.10-1-22; thence southeasterly along the eastern boundary of Parcel 309.10-1-22 to its southeastern corner; thence southwesterly along the southern boundaries of Parcels 309.10-1-22, 23, 24 and 25 to the southwestern corner of Parcel 309.10-1-25; thence northwesterly along the western boundary of Parcel 309.10-1-25 to the southeastern corner of Parcel 309.10-1-26; thence southwesterly along the southern boundaries of Parcels 309.10-1-26, 27 and 28 to the southwestern corner of Parcel 309.10-1-28, said corner also being along the eastern highway boundary of Pine Street; thence northwesterly along the western boundary of Parcel 309.10-1-28 and the eastern highway boundary of Pine Street to a point perpendicular from the southeastern corner of Parcel 309.14-1-19; thence perpendicular across Pine Street to the southeastern corner of Parcel 309.14-1-29; thence southwesterly along the southern boundary of Parcel 309.14-1-19 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.14-1-20; thence southeasterly along the eastern boundary of said Parcel 309.14-1-20 to its southeastern corner; thence southwesterly along the southern boundary of said Parcel 309.14-1-20 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-20 to the southeastern corner of Parcel 309.14-1-22; thence southwesterly along the southern boundary of Parcel 309.14-1-22 to its southwestern corner, said corner also being along the eastern highway boundary of Rozelle Street; thence perpendicular across Rozelle Street to a point along the eastern boundary of Parcel 309.14-1-9 and the western highway boundary of Rozelle St.; thence southeasterly along the western highway boundary of Rozelle Street and eastern boundary of Parcel 309.14-1-9 to the southeastern corner of Parcel 309.14-1-9; thence southwesterly along the southern boundary of Parcel 309.14-1-9 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-9 to the boundary corner where boundary lines for Parcels 309.14-1-9, 10 and 11 intersect; thence southwesterly along the southern boundary of Parcel 309.14-1-11 to its southwestern corner; thence northwesterly along the western boundary of Parcel 309.14-1-11 to the southeastern corner of Parcel 309.14-1-12; thence southwesterly along the southern boundary of Parcel 309.14-1-12 to its southwestern corner, said corner also being along the eastern highway boundary of Ryan Avenue; thence perpendicular across Ryan Avenue to a point along the eastern boundary of Parcel 309.14-1-80 as well as the western highway boundary of Ryan Avenue; thence southeastern along the eastern boundary of said Parcel 309.14-1-80 and western highway boundary of Ryan Avenue to the parcel’s most easterly corner; thence southwesterly, southeasterly, northwesterly, southwesterly and northwesterly around Parcel 309.14-1-80 to the southeastern corner of Parcel 309.14-1-81; thence southwesterly along the southern boundary of Parcel 309.14-1-81 to its southwestern corner, said corner also being along the eastern boundary of Parcel 309.14-1-83; thence southeasterly along the eastern boundary of Parcel 309.14-1-83 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.14-1-83 to its southwestern corner; thence northwesterly along the western boundary of said Parcel 309.14-1-83 to its northwestern corner, said corner also being along the southern highway boundary of Main Street (Warren County Route 28); thence southwesterly along said southern highway boundary to the northeastern corner of Parcel 309.14-1-85; thence southeasterly along the eastern 200 TOWN BOARD MEETING 11-03-2008 MTG. #49 boundary of Parcel 309.14-1-85 to its southeastern corner; thence southwesterly along the southern boundary of Parcel 309.14-1-85 to its southwestern corner, said corner also being along the eastern highway boundary of Big Boom Road; thence perpendicular across Big Boom Road to a point along the eastern boundary of Parcel 309.14-1-5 and western highway boundary of Big Boom Road; thence southwesterly and southeasterly along the eastern boundary of Parcel 309.14-1-5 and the western highway boundary of Big Boom Road to the southeastern corner of Parcel 309.14-1-5; thence northwesterly along the southern boundary of said Parcel 309.14-1-5 to its southwestern corner; thence northeasterly and northwesterly along the western boundary of Parcel 309.14-1-5 to its point of intersection with the southern highway boundary of Main St. (Warren County Route 28); thence westerly along the southern highway boundary of Main ST. (Warren County Route 28) to its point of intersection with the eastern boundary of parcel 309.13- 2-1 and western highway boundary of New York State Adirondack Northway (Interstate 87); thence southwesterly along the eastern boundary of said Parcel 309.13-2-1 and western highway boundary of the New York State Adirondack Northway (Interstate 87) to the southern most point of Parcel 309.13-2-1; thence northerly along the western boundary of Parcel 309.13-2-1 to the southeastern corner of Parcel 309.13-2-2; thence westerly along the southern boundary of said Parcel 309.13-2-2 to its most southwestern corner, said corner also being along the eastern highway boundary of Bib Bay Road; thence northerly, easterly and northerly along the western boundary of Parcel 309.13-2-2 to the southeastern corner of Parcel 309.13-2-4; thence westerly along the southern boundaries of parcels 309.13-2-4 and 309.13-2-5 to the southwestern corner of Parcel 309.13-2-5, said corner also being along the eastern highway boundary of Bib Bay Road; thence perpendicular across Big Bay Road to a point along the eastern boundary of Parcel 309.13-2-25; thence southerly, westerly, southerly, westerly, and northerly around Parcel 309.13-2-25 to its northwestern corner, said corner also being along the southern highway boundary of Corinth Road (Warren County Route 28); thence easterly along the northern boundary of Parcel 309.13-2-25 and southern highway boundary of Corinth Road (Warren County Route 28) approximately 90 feet to a point; thence perpendicular across Corinth Road (Warren County Route 28) to the southwestern corner of Parcel 309.13-1- 35, said corner also being along northern highway boundary of Corinth Road (Warren County Route 28) and eastern highway boundary of Rhode Island Avenue; thence northerly along the western boundary of Parcel 309.13-1-35 and eastern highway boundary of Rhode Island Avenue to the northwestern corner of Parcel 309.13-1-35, thence easterly along the northern boundary of Parcel 309.13-1-35 to its northeastern corner, said corner also being along the western boundary of Parcel 309.13-1-73; thence northerly along the western boundary of Parcel 309.13-1-73 to its northwestern corner; thence northeasterly along the northern boundary of said Parcel 309.13-1-73 to its northeastern corner, said corner also along the western highway boundary of New York State Adirondack Northway (Interstate 87); thence southwesterly along the eastern boundary of Parcels 309.13-1-73 and 309.13-1-74 and the western highway boundary of New York State Adirondack Northway (Interstate 87) to the southeastern corner of Parcel 309.13-1-74, which is located on the northern highway boundary of Corinth Road (Warren County Route 28); thence easterly along the northern highway boundary of Corinth Road and Main ST. (Warren County Route 28) to the southwestern corner of Parcel 309.14-1-6, thence northeasterly along the western boundary of Parcel 309.14-1-6 and eastern highway boundary of the New York State Adirondack Northway (Interstate 87) to its northwestern corner; thence southeasterly along the northern boundary of Parcel 309.14-1-6 to its northeastern corner; thence southeasterly along the eastern boundary of said Parcel 309.14-1-6 to its southeastern corner, said corner also being along the northern highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street (Warren County Route 28) to the southwestern corner of Parcel 309.14-1-7; thence northwesterly along the western boundary of Parcel 309.14-1-7; thence northwesterly along the western boundary of Parcel 309.14-1-7 to its northeastern corner; thence southeasterly along the eastern boundary of said Parcel 309.14-1-7 to its southeastern corner, said corner also being along the northern highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street (Warren County Route 28) to the southwestern corner of Parcel 309.10-1-30; thence northwesterly along the western boundary of said Parcel 309.10-1-30 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-1-30, 31, 32, 34, 35, 36 and 37 to the northeastern corner of Parcel 309.10-1-37; thence southeasterly along the 201 TOWN BOARD MEETING 11-03-2008 MTG. #49 eastern boundary of Parcel 309.10-1-37 to the northwestern corner of Parcel 309.10-1-38; thence northeasterly along the northern boundary of Parcel 309.10-1-38 to its northeastern corner, said corner also being along the western highway boundary of Pine Street; thence continue perpendicular across Pine Street to a point along the western boundary of Parcel 309.10-1-47 and eastern highway boundary of Pine Street; thence northwesterly along the western boundaries of Parcels 309.10-1-47 and 309.10-1-48 and the eastern highway boundary of Pine Street to the northwestern corner of Parcel 309.10- 1-48; thence northeasterly along the northern boundary of Parcel 309.10-1-48 to its northeastern corner, said corner also being along the western boundary of Parcel 309.10- 1-49; thence northwesterly along the western boundary of Parcel 309.10-1-49 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-1-49, 50, 51, 52 and 53 to the northeastern corner of Parcel 309.10-1-53; thence southeasterly along the eastern boundary of Parcel 309.10-1-53 to the northwestern corner of Parcel 309.10-1-54, said corner also being along the eastern boundary of Parcel 309.10-1-53; thence northeasterly along the north boundary of Parcel 309.10-1-54 to its northeastern corner, said corner also being on the western boundary of Parcel 309.10-1- 56, thence northwesterly along the western boundary of said Parcel 309.10-1-56 to its northwestern corner; thence northeasterly along the northern boundary of Parcels 309.10- 1-56 and 309.10-1-57 to a point; thence southeasterly along the property of Parcel 309.10-1-57; thence northeasterly along the northern boundaries of Parcel 309.10-1-57 and 309.10-1-59 to the northeastern corner of Parcel 309.10-1-59, said corner also being along the western highway boundary of Newcomb Street; thence southeasterly along the eastern boundary of Parcel 309.10-1-69 and the western highway boundary of Newcomb Street to a point perpendicular across Newcomb Street from the northwestern corner of Parcel 309.10-2-59; thence perpendicular across Newcomb Street to the corner of Parcel 309.10-2-69; thence northeasterly along the northern boundaries of parcels 309.10-2-69 and 309.10-2-70 to the northeastern corner of Parcel 309.10-2-70; said corner also being along the western boundary of Parcel 309.10-2-71; thence northwesterly along the western boundary of Parcel 309.10-2-71 to its northwestern corner; thence northeasterly along the northern boundary of Parcel 309.10-2-71 to its northeastern corner, said corner also being along the western highway boundary of Richardson Street; thence southerly along the eastern boundary of Parcel 309.10-2-71 and the western highway boundary of Richardson Street to a point perpendicular across Richardson Street from the northwestern corner of Parcel 309.10-2-15; thence perpendicular across Richardson Street to the northwestern corner of Parcel 309.10-2-15; thence northeastern along the northern boundaries of Parcels 309.10-2-15 and 309.10-2-16 to the northeastern corner of Parcel 309.10-2-16, said corner also being along the western boundary of Parcel 309.10- 2-17; thence northwesterly along the western boundary of Parcel 309.10-2-17 to its northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-2-17 and 309.10-2-18 to the northeastern corner of Parcel 309.10-2-18, said corner also being along the western boundary of Parcel 309.10-2-19; thence northwesterly along western boundary of Parcel 309.10-2-19 to the northwestern corner; thence northeasterly along the northern boundaries of Parcels 309.10-2-19, 20 and 21 to the northeastern corner of Parcel 309.10-2-21; thence southeasterly along the eastern boundary of said Parcel 309.10-2-21 to the northwestern corner of Parcel 309.11-2-1; thence northeasterly along the northern boundaries of Parcels 309.11-2-1, 3, 4, and 5 to the northeastern corner of Parcel 309.11-2-5, said corner also being along the western highway boundary of Allen Lane; thence continue perpendicular across Allen Lane to a point along the western boundary of Parcel 309.11-2-10 and eastern highway boundary of Allen Lane; thence northeasterly along the parcel and road boundary to the northeastern corner of Parcel 309.11-2-10; thence northeastern along the northern boundaries of Parcels 309.11-2-10, 11, 12 to the northeastern corner of Parcel 309.11-2-12; thence southeasterly along the eastern boundary of Parcel 309.11-2-12 to the northwestern corner of parcel 309.11-2-13; thence northeasterly along the northern boundary of Parcel 309.11-2-13 to its northeastern corner; thence southeasterly along the eastern boundary of Parcel 309.11-2-13 to the northwestern corner of Parcel 309.11-2-14; thence northeasterly along the northern boundary of Parcel 309.11-2-14 to its northwestern corner, said corner also being along the western boundary of Parcel 309.11-2-16; thence northwesterly along the western boundary of Parcel 309.11-2-16 to the northwestern corner of Parcel 309.11-2-16; thence northeasterly along the northern boundary of Parcel 309.11-2-16 to its northeastern corner; thence southeasterly along the eastern boundary of Parcel 309.11-2-16 to its southeastern corner, said corner also being along the northern 202 TOWN BOARD MEETING 11-03-2008 MTG. #49 highway boundary of Main Street (Warren County Route 28); thence northeasterly along the northern highway boundary of Main Street (Warren County Route 28) to the southwestern corner of Parcel 309.11-2-17; thence northwesterly, northeasterly and southeasterly along the parcel boundary of Parcel 309.11-2-17 to a point along the westerly highway boundary of Western Avenue; thence continuing southeasterly along the western highway boundary of Western Avenue crossing Main Street (Warren County Route 28) to the northeastern corner of Parcel 309.11-1-40, said corner also being along the southern highway boundary of Main Street (Warren County Route 28); thence southeasterly along the eastern boundary of Parcel 309.11-1-40 and western boundary of Thomas Street to the said point of beginning. EXHIBIT B BENEFITTED PROPERTIES Tax Map No. Owner Name 309.10-1-10 Aronson 309.10-1-19 Myrtle Lilly 309.10-1-20 Michael Greenwood 309.10-1-21 Pat Flaherty 309.10-1-22 Philip Steves 309.10-1-23 Raymond Ash Jr 309.10-1-24 Ronald Newell 309.10-1-25 Ronald Newell 309.10-1-26 Jeffrey Kelley 309.10-1-27 Jeffrey Kelley 309.10-1-28 Pamela Flubacher 309.10-1-30 Exit 18 Gates Rest Inc 309.10-1-31 Dolores Monsour 309.10-1-32 Richard Kerchner 309.10-1-34 Mark Posniewski 309.10-1-35 Mark Posniewski 309.10-1-36 Mark Posniewski 309.10-1-37 Cote’s Corner LLC 309.10-1-38 Hess Realty Corp 309.10-1-47 Robert Goodwin 309.10-1-48 Patricia Grady 309.10-1-49 Roxanna Goodwin 309.10-1-50 James Pepper 309.10-1-51 Gerard Nudi 309.10-1-52 Gerard Nudi 309.10-1-53 Gerard Nudi 309.10-1-54 Charles Herzog 309.10-1-56 Donna Warner 309.10-1-57 Benjamin Aronson 309.10-1-59 Community Chapel of West GF 309.10-1-7 Violet J Gleason 309.10-1-8 Benjamin Aronson 309.10-1-9 Benjamin Aronson 309.10-2-15 Barlow 309.10-2-16 Barlow 309.10-2-17 Robert Daley 309.10-2-18 Robert Gover 309.10-2-19 UJ Limited Partnership 309.10-2-20 Joyce Jones Tax Map No. Owner Name 309.10-2-21 UJ Limited Partnership 309.10-2-24 Gail M Paul 309.10-2-25 James Vanguilder 309.10-2-27 52 Main St West G. F. L.L.C. 203 TOWN BOARD MEETING 11-03-2008 MTG. #49 309.10-2-28 52 Main St West G. F. L.L.C. 309.10-2-69 Chapel WGF 309.10-2-70 Donald J Daniels 309.10-2-71 Donald Daniels 309.11-1-30 Thomas J. Burke, Jeremiah P. Burke 309.11-1-33 Herman Neal 309.11-1-34 Jay Thompson 309.11-1-35 John Clifford 309.11-1-36 John Clifford 309.11-1-37 John Clifford 309.11-1-38 Gary Randall 309.11-1-39 Gary Randall 309.11-1-40 Marie Robillard 309.11-1-42 Four M Ltd Partnership 309.11-1-43 Four M Ltd Partnership 309.11-1-44 James Alden 309.11-1-45 Michael O'Connor 309.11-1-46 Robert Eckardt 309.11-1-47 Alvin B Whitney 309.11-1-48 Lawrence Lussier 309.11-2-1 William M Barrett 309.11-2-10 JOQRA DAJA, LLC 309.11-2-11 RPS Property Holdings, LLC 309.11-2-13 Patricia Evans 309.11-2-14 Paul A Wakeley 309.11-2-16 Ruby Hill 309.11-2-17 1 Main Street Queensbury LLC 309.11-2-3 William M Barrett 309.11-2-4 SANKEY Property 309.11-2-5 Matthew Bovee 309.13-1-35 Four M Ltd Partnership 309.13-1-73 Julia Bruno 309.13-1-74 McDonalds Corp 031-1015 309.13-2-1 Banta Realty 2001 309.13-2-2 Frank J Parillo 309.13-2-25 Stewart's Shops Corp 309.13-2-3 Frank J Parillo 309.13-2-4 Frank J Parillo Tax Map No. Owner Name 309.13-2-5 John Liapes 309.14-1-12 Patrick Merrill 309.14-1-19 Phil Kent 309.14-1-20 Richard Burk 309.14-1-22 Allen Rozelle Jr 309.14-1-5 Aviation Road Development Corp. 309.14-1-6 Queensbury Petroleum, Inc. 309.14-1-80 Cumberland Farms, Inc. 309.14-1-81 AREC 10, LLC 309.14-1-83 Mobil Oil Corp 309.14-1-85 Mobil Oil Corp 309.14-1-9 Mary Jane Canale 204 TOWN BOARD MEETING 11-03-2008 MTG. #49 RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 513, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following 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’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1420-4130Town Counsel TC Retainer001-1430-4130Personnel TC Retainer2,000 001-1990-4400Contingency001-1440-4720Engineering Consultant15,000 001-7020-1010Recreation Wages001-7020-4400Misc. Contractual3,000 001-7020-1010Recreation Wages001-7110-4400Parks Misc. Contractual4,000 004-5110-1010Highway Repairs Wages004-5110-4620Road Paving Materials21,400 004-5110-1010Highway Repairs Wages004-5130-1020Hwy Machinery O/T1,000 009-8160-4400Transfer Station Misc.009-8160-1020O/T2,000 032-8130-4425Sewage Treatment032-1680-2031Computer Hardware1,500 005-0000-0909Fund Balance005-9025-8025-4980Sv Award Contribution32,476 rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AWARD OF BID FOR WATER DEPARTMENT HIGH LIFT PUMP REPLACEMENT PROJECT RESOLUTION NO. 514, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 205 TOWN BOARD MEETING 11-03-2008 MTG. #49 WHEREAS, by Resolution No.: 480,2007, the Queensbury Town Board authorized engagement of Burley-Guminiak and Associates Consulting Engineers, P.L.L.C. (B-G) to institute some of the recommendations outlined in the 2007 Energy Efficiency Study, such recommendations include the replacement of two (2) 33 year old inefficient 400 HP motors and pumps with two (2) new and more appropriately sized pumps (Project), and WHEREAS, B-G presented the Town’s Water Superintendent and Civil Engineer with bid documents and specifications to advertise for bids for the Project, and WHEREAS, by Resolution No.: 443,2008, the Town Board authorized an th advertisement for bids and on October 28, 2008, all received bids were opened and reviewed, and WHEREAS, B-G, the Purchasing Agent, the Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the lowest, responsible bidder, OP-TECH Environmental Services, Inc., for an amount not to exceed $309,385., and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the replacement of two (2) 33 year old inefficient 400 HP motors and pumps with two (2) new and more appropriately sized pumps (Project), from the lowest responsible bidder, OP-TECH Environmental Services, Inc., for an amount not to exceed $309,385., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $15,469.25 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that payment for such Project be made from Account No.: 040- 8320-2899-0002, and 206 TOWN BOARD MEETING 11-03-2008 MTG. #49 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $309,385 from unappropriated, undesignated Fund Balance to Account No.: 040-8330-2899-0002 and effectuate such 2008 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary Agreement between the Town and OP-TECH Environmental Services, Inc., in form acceptable to the Town Supervisor, Water Superintendent, Civil Engineer, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Town Budget Officer to take any further actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION APPROVING AUDIT OF BILLS – RD WARRANT OF NOVEMBER 3, 2008 RESOLUTION NO.: 515, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of October 30, 2008 and a payment date of th November 4, 2008, 207 TOWN BOARD MEETING 11-03-2008 MTG. #49 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of October 30, 2008 and payment date of November 4, 2008 totaling $649,788.21, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of November, 2008, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING SALE OF PROPERTY TO MATTHEW BALL RESOLUTION NO.: 516, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Town of Queensbury owns a 275’ x 50’ vacant strip of land at the end of Amy Lane bordered by a strip of land on one side bearing Tax Map No.: 301.18-1- 5 and by a lot on another side bearing Tax Map No.: 308.6-1-17, and adjacent to lots bearing Tax Map No.’s: 308.6-1-15 and 308.6-1-16 owned by Matthew Ball, and WHEREAS, the two parcels of land owned by Mr. Ball adjacent to such Town- owned vacant parcel are landlocked, and WHEREAS, the Town Highway Superintendent says that he does not need such vacant strip of land as it has never been nor currently is a Town highway, and WHEREAS, the Town wishes to sell this small parcel of land for fair value to Mr. Ball who will use such parcel for access to the two parcels of land adjacent to such parcel that he owns, and 208 TOWN BOARD MEETING 11-03-2008 MTG. #49 WHEREAS, the Town Assessor has estimated the fair value of this non-building lot parcel to be $1,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the sale of the vacant parcel of land located in between Tax Map No.’s: 301.18-1-5 and 308.6-1-17 as referenced in the preambles of this Resolution to Matthew Ball for the amount of $1,500 along with an easement for drainage purposes in the form provided to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Highway Superintendent and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution, 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. rd Duly adopted this 3day of November, 2008 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi 5.0 CORRESPONDENCE NONE 6.0TOWN BOARD DISCUSSIONS Councilman Metivier-Ward I 209 TOWN BOARD MEETING 11-03-2008 MTG. #49 ? Thanked Dan and the Department Heads on the 2009 Budget, this was my first budget that I actually had a chance to work on …I am very proud of it and you all did a great job. ? Make sure tomorrow you vote I wish all the candidates the best of luck Councilman Strough-Ward III ? Ltr. From constituent who wanted to thank the owners of Getty Petroleum for removing the graffiti from their building ? From Comptroller’s Office web site www.openbooknewyork.com lists any municipality and what they spend for the past few years, an interesting web site thst ? Fall leaf pickup Ward 1 &2 November 17 – 21 Ward 4 November ththrdth 10 -14 Ward 3 this week November 3 - 7 ? Veterans Day –Ceremony at Hovey Pond American Legion Post 1797 and the VFW Post 6196 will conduct the ceremony at 1:00 P.M. ? Queensbury Senior Citizens – if you are 55 years old or older you can join this group call 761-8224 Councilman Brewer-Ward IV ? Michaels Drive Bid is out as of last Thursday, want to accomplish that job this year ? New Transfer Station Building on Luzerne Road is almost finished last thing to do is the canopy ? The report from DEC on the air quality at the City Property on Luzerne Road is finished and I will receive a copy this coming week and report at the next meeting on it. If anyone wants to see the report please contact me. Supervisor Stec ? Thanked TV 8 for televising our meetings and all our sponsors for doing so ? Towns web site www.queensbury.net will have the power point presentation on the website from tonight’s meeting ? Thanked the employees and Department Heads for their effort on making the Town of Queensbury fairly cost effective ? Dave Decker – ltr. Lake George Watershed Conference - Received notice of grant the Local Watershed Revitalization Program award in the amount of $600,000 to the Town of Queensbury The Town of Queensbury sponsored this application RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 517.2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a litigation matter. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None 210 TOWN BOARD MEETING 11-03-2008 MTG. #49 ABSENT: Mr. Montesi RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 518,2008 INTRODUCED BY: Mr. Anthony Metivier 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. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 519.2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. rd Duly adopted this 3 day of November, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury