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2004-11-15 MTG54 Regular Town Board Meeting, 11-15-2004, Mtg #54 622 REGULAR TOWN BOARD MEETING MTG. #54 November 15, 2004 RES. 555-569 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER BUDGET OFFICER JENNIFER SWITZER COMMUNITY DEVELOPMENT DIRECTOR MARILYN RYBA WATER/WASTEWATER SUPT. RALPH VANDUSEN PLEDGE OF ALLEGIANCE LED BY JOHN STROUGH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 555.2004 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 th Duly adopted this 15 day of November, 2004 by the following vote: AYES: Mr. Boor, Mr.Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0 BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN HECKMAN RESOLUTION NO.: 32, 2004 BOH INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION Regular Town Board Meeting, 11-15-2004, Mtg #54 623 SECONDED BY: Mr. John Strough 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 the provisions of Chapter 136 to install a septic tank 7’ from the property line in lieu of the required 10’ setback and 3’ from the dwelling in lieu of the required 20’ setback on property located at 68 Rockhurst Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Local Board of Health for the Town of Queensbury will hold th a public hearing on November 29, 2004 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, 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 Mr. Heckman’s property as required by law. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-Questioned if this should go to the engineer to be looked at? Board agreed that would not be necessary. Regular Town Board Meeting, 11-15-2004, Mtg #54 624 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 33.2004 BOH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting. th Duly adopted this 15 day of November, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0 CORRESPONDENCE 2.1 Transfer Station report January 2, 2004 – October 31, 2004 report on file 2.2 Community Development Building and Codes Report for October 2004 on file 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR None 4.0 OPEN FORUM FOR GENERAL AND RESOLUTIONS No one spoke 5.0 TOWN BOARD DISCUSSIONS Councilman John Strough-Noted he had received phone calls from residents near forest areas also the Rush Pond area complaining about hunters, some of the shooting taking place at night and within five hundred feet of homes, and it sounded like a rapid fire shooting…questioned raised if we could make a more strict law where it would be one thousand feet from homes instead of five hundred feet from homes… Supervisor Stec-Under home rule we cannot make it more stringent… Regular Town Board Meeting, 11-15-2004, Mtg #54 625 Town Counsel Hafner-Will look into that and report back. Councilman Strough-Received a letter from a resident of John Burke Apts. complaining about the Waste Management Service doing the dumpsters at 5:10 am, 5:22 am…is there anything that we can do about that? Supervisor Stec-Trash collection is limited to the hours of 6:00 am to 10:00 pm if there is an activity going on earlier than 6:00 am call the code enforcement people at the Town Office. Councilman Strough-November issue of Qsby. Post – Senior Spotlight this month is Jim Palmer the artist, thank you for all you do. Urged residents to join the Senior Citizens Group …. Asked residents to join the local EMS and Fire Companies, all volunteer… Joyce Hunt from the ZBA attended N.Y. Planning Federation Conference one session was headed by Mr. Kent who spoke on Place Making, Communities develop public spaces…you will end up with smart growth, and more walk able communities. Another Session was on preserving community character, adopt local design guidelines, insist on customize designs that compliment your communities character, including architectural styles, building placement, building materials, landscaping, signage do not accept cookie cutter designs, provide incentives to encourage good design that is something that we have been pushing anyway on the Planning Board. Value of construction to date forty million three hundred and sixty six thousand nine hundred and twenty four, that is a lot of construction. Spoke about a memo from Marilyn Ryba, Walk of Life, townships in New York especially in Saratoga County where they are interconnecting neighborhoods with trials and multi use paths. Noted in the Town of Halfmoon there is a plan to link neighborhoods together and create the infrastructure necessary for the social interaction that, that town has longed for. There is an effort by us to try and interconnect some of our neighborhoods. Re: Cable TV spoke about a web site www.myfreehdtv.org It talks about free over the air digital television. Noted the clarity of the signal on digital and the number of channels that will be available…in order to receive the digital you need to have the integrated digital tv set and it can be HD compatible… spoke on the costs of cable tv, raising. Councilman Brewer-Noted in the present contract there is no reference to negotiate cable fees… Councilman Boor-That is the old contract. Councilman Brewer-I do not know if we can control their prices? Councilman Strough-spoke about competition such as wireless technologies… Regular Town Board Meeting, 11-15-2004, Mtg #54 626 Councilman Boor-They can do it for substantially less…we have to go into this with an attitude of saving taxpayers money not with an attitude of we cannot do it. Councilman Brewer-Landfill Supt. James Coughlin told me this morning that the brush, stump, tree plan is working he has taken in some five hundred dollars. If there are residents that have had trees that blew down or brush, that can be brought to the Ridge Road Transfer Station for a fee of ten dollars a yard… Re: Salvation Army met Friday morning with the Assistant DA and I asked what can we do to stop and prevent people from dumping on the side of the road. An idea came up that maybe we can get some service for the money that we will be giving to youth court next year and maybe those people that are participating in that program maybe can be there and prevent some of the dumping that is going on there. We will have to talk to the Salvation Army people and look into this further. I think it is important that we stay on top of it. Supervisor Stec-Noted he had not given up on other option of being able to have some teeth and figure out a way to make it something that the Sheriff felt they could get their hands around. Budget Officer Jennifer Switzer-Noted she contacted Dan Boucher who coordinates a lot of Warren County Youth Court programs and he agreed that it would be a perfect program for his youth to be involved in. They currently do something similar at the Glens Falls Salvation Army. Councilman Brewer-Noted that Councilman Turner has also spoken to the Salvation today about the situation. Councilman Turner-Re: Supplying Water to Butternut Hill Water Supt. Ralph VanDusen has been working on the proposal and he has suggested that we do a feasibility study on that issue. Asked for Ralph’s input. Water/Wastewater Supt. Ralph VanDusen-Noted he had received a petition with more than twenty five signatures of residents from Butternut Hill Subdivision expressing interest in the Town doing a feasibility study to determine what the cost impact would be if we were to create a district extension in that area. Have solicited proposals to do the feasibility study. When a feasibility study is completed you would then have a public information meeting to get the information back to the people and get input from them. If the Board determines that there is interest then you could upgrade the feasibility study to a full map, plan and report and have a public hearing. If there is not enough active interest then you do not spend the additional money. I would recommend the feasibility study first, the cost would be around three thousand dollars. If the district is created the general fund would be reimbursed, if the district does not ever get created then it stays a general fund expense. Regular Town Board Meeting, 11-15-2004, Mtg #54 627 If it is the consensus of the Board to go ahead a resolution would be ready for the next Board Meeting authorizing the engagement of an engineer. Board agreed. Councilman Boor-Noted that the Supervisor has scheduled a workshop meeting next week to meet with the Fire Departments. Re: Salvation Army I am glad to see that this board has taken an accounting on that. Noted he had spoken to people down south and how they address this, will speak to Town Counsel about that. Supervisor Stec-Memo from Patricia Auer Warren Co. Public Health Nurse…Flu shots will be available in seven clinics must have th appointment, notice will be in Post Star, November 29 the clinic will nd be at the Glens Falls Senior Center, Lake George November 22 at rd the Warrensburg Town Hall, Lake Luzerne, November 23. at the Lake Luzerne Fire House and Warrensburg on November 22 at the st Warrensburg Town Hall and December 1. the clinic will be held at the Queensbury Activity Center Re: Town Budget at our Public Hearing we had questions that the Fire Contracts are not done, I assured those present that given where are current funding levels are we have got a plan to collect taxes and allocate fund balances if necessary to cover any contract that we would assign. We did in this contract budget for a downward number but if that downward number isn’t realized we will be able to cover any reasonable Fire Contract. Summarized the budget process-1. submitted to the Town th Board on September 27 my tentative budget 2. Town Board worked with Dept. Heads to review personnel requests and other th issues 3. Public Hearing on November 4 Two thousand and five will be the fourth consecutive year that the Town of Queensbury has not levied a general fund tax. The General Fund Spending for 2005 is down six and a half percent and total spending is down seven point four percent from 2004 levels. It is the first down budget in the Town of Queensbury in nine years and it is the largest decrease in twelve years. The 2005 budget is smaller than the 2003 budget. The County will likely adopting their budget on Wednesday that calls for between a six and seven percent spending increase. It was reported in the Post Star that Queensbury’s tax rate will be down a little over ten and a half percent from 2004 in 2005. It is down ten and a half percent only because the Town elected to leave a million dollars in sales tax revenue at the County had we not left any money at the County the Towns tax rate would have been up three percent. So, for an average home of about a hundred and fifty thousand dollars of assessed value the tax payers will pay a hundred and sixty so odd dollars less next year than they did this year. Thanked publicly the Town Board for their hard work on the budget process and also importantly and perhaps more so the effort that the Department Heads all put in, in coming up and working with the Town Board for what I think everyone in town should feel is a very good budget. Regular Town Board Meeting, 11-15-2004, Mtg #54 628 6.0 RESOLUTIONS RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2005 RESOLUTION NO.: 556, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board conducted a public hearing on th November 4, 2004 concerning the proposed 2005 Preliminary Budget and all interested persons were heard, and WHEREAS, the proposed 2005 Preliminary Budget sets forth the proposed 2005 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 2005 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR $59,094 TOWN COUNCILPERSON (4) $15,268 TOWN CLERK $56,662 TOWN HIGHWAY SUPERINTENDENT $62,205 TOWN JUSTICES (2) $36,643 and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2005 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2005 and authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, Regular Town Board Meeting, 11-15-2004, Mtg #54 629 RESOLVED, that a summary of the adopted Annual Budget for 2005 is attached and made part of this Resolution, 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. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION TO AMEND 2004 TOWN BUDGET TO PROVIDE FOR USE OF OCCUPANCY TAX REVENUES RESOLUTION NO.: 557, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 375,2004, the Queensbury Town Board entered into a Local Tourism Promotion and Convention Development Agreement (Agreement) between the Town and Warren County to provide for the Town’s use of $10,000 in occupancy tax revenues received by Warren County, and WHEREAS, such Resolution provided that specific expenditure of funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to amend its 2004 Town Budget to provide for such funds, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-15-2004, Mtg #54 630 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: Debit $10,000 – 0001-6410-4412 – Publicity – Use of Occupancy Tax Credit $10,000 – 0001-0001-1113 General Fund – Occupancy Tax. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-The Town has already received the first allocation for $10,000 as did every town and the City of Glens Falls. The way this was set up everybody in the County was supposed to get a minimum of thirty thousand dollars and they beyond that there is a pro rated revenue sharing formula based essentially on the amount of bed tax that each town generates. We need to set up the account for these funds. RESOLUTION AUTHORIZING PURCHASE OF ARCGIS MAPLEX CONCURRENT USE LICENSE RESOLUTION NO.: 558, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, by prior Resolution the Town Board amended the 2004 Town Budget to provide for the Town’s receipt of $10,000 in occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and Regular Town Board Meeting, 11-15-2004, Mtg #54 631 WHEREAS, the Town Board wishes to purchase a ArcGIS Maplex Concurrent Use License with the occupancy tax revenues received from Warren County, and WHEREAS, New York State Bidding is not required as the purchase price for the License is in accordance with New York State Contract No.: PT56395 pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the purchase of a ArcGIS Maplex Concurrent Use License from occupancy tax revenues the Town received from Warren County, such License not to exceed the sum of $2,000 in accordance with New York State Contract No.: PT56395 pricing, to be paid for from Account No.: 001-6410- 4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Accounting Office and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None th Discussion held before vote: Councilman Boor-Requested a change be made in the 4 Whereas, to change wording “from to with” Agreed to by Councilman Boor and Strough Supervisor Stec-The purpose of this was requested by Bob Keenan, this software will allow the Town to generate its own Town Map. RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE DIVISION FOR YOUTH RESOLUTION NO.: 559, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, 11-15-2004, Mtg #54 632 WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised the Town Board that the Town is again eligible to apply for reimbursement funds from the New York State Division for Youth relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a fund application in the amount of $9,000, the total amount of recreation funds the Town proposes to expend in 2005 for the administration, supervision, and operation of its year-round recreation programs, recognizing that the Town is more likely to receive a grant in the amount of $8,424 based on eligibility criteria as it relates to the Town’s youth population, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Director of Parks and Recreation to prepare the application for recreation funds from the New York State Division for Youth and further authorizes and directs the Town Supervisor and/or Parks and Recreation Director to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 560, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Budget Officer has advised the Town Board that the Town is eligible to apply for reimbursement funds from the New York State Office of Children & Family Services (NYS OCFS) relating to the support of the Warren County Youth Court, and Regular Town Board Meeting, 11-15-2004, Mtg #54 633 WHEREAS, the Budget Officer has requested Town Board authorization to prepare a fund application in the amount of $5,000, one-third (1/3) of the total amount of support proposed for the Warren County Youth Court in 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Budget Officer to prepare the application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services and further authorizes and directs the Town Supervisor and/or Budget Officer to execute the funding application and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF GENERAL CONTROL SYSTEMS TO PROVIDE TANK LEVEL MONITORING TELEMETRY FROM GURNEY LANE WATER TANK TO WEST MOUNTAIN ROAD WATER TANK RESOLUTION NO.: 561, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury’s Deputy Water Superintendent requested proposals from professional engineering firms to provide tank level monitoring telemetry to the Gurney Lane Water Tank and to the West Mountain Road Water Tank to protect against problems caused by stagnant tank levels in the winter months, and WHEREAS, proposals were received and reviewed by the Town’s Deputy Water Superintendent and Purchasing Director and they have recommended engagement of the only bidder to bid on the complete project, General Control Systems, to provide the requested services for an amount not to exceed $8,427, Regular Town Board Meeting, 11-15-2004, Mtg #54 634 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of General Control Systems to provide tank level monitoring telemetry to the Gurney Lane Water Tank and to the West Mountain Road Water Tank as delineated in th General Control Systems’ proposal dated October 12, 2004 for an amount not to exceed $8,427 as recommended by the Deputy Water Superintendent and Purchasing Agent, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Account No.: 040-8340-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Water Superintendent, Deputy Water Superintendent, Purchasing Agent and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES, P.C. FOR ENGINEERING SERVICES RELATED TO REHABILITATION OF 2MG LUZERNE ROAD RESERVOIR RESOLUTION NO.: 562, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Superintendent has recommended that the Town Board authorize engagement of C.T. Male Associates, P.C. for engineering services related to the rehabilitation of the 2MG Luzerne Road Reservoir, and Regular Town Board Meeting, 11-15-2004, Mtg #54 635 WHEREAS, C. T. Male has offered to provide the needed engineering services for th an amount not to exceed $39,700 as delineated in C.T. Male’s Proposal dated November 5, 2004 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates, P.C. for engineering services related to the repainting of the Luzerne Road Water Tank for an amount not to exceed $39,700 as delineated in C.T. th Male’s Proposal dated November 5, 2004 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for C.T. Male’s services shall be paid for from Account No.: 40-9950-9030, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Water Superintendent, Budget Officer and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: Mr. Brewer RESOLUTION ESTABLISHING CAPITAL RESERVE FUND #65 TO FINANCE FUTURE IMPROVEMENT COSTS OF QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 563, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner Regular Town Board Meeting, 11-15-2004, Mtg #54 636 WHEREAS, the Town of Queensbury’s Budget Officer has advised the Town Board that there is approximately $1,358,000 of unexpended monies currently in the Town of Queensbury’s Consolidated Water District’s (Water District) operating budget, and WHEREAS, the Budget Officer and Water Superintendent wish to establish a Capital Reserve Fund to help finance future costs of improvements within the Water District as well as control the fund balance while maintaining the Water District’s infrastructure, and WHEREAS, the Town Board wishes to establish a Capital Reserve Fund in accordance with New York State General Municipal Law §6(c), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Reserve Fund for unexpended monies in the Town of Queensbury Consolidated Water District’s current water operating budget as follows: 1. The Capital Reserve Fund shall be known as “Capital Reserve Fund #65,” which Fund will establish fund expenditures to help finance future costs of improvements within the Queensbury Consolidated Water District; 2. Initial Funding for the Capital Reserve Fund #65 shall be by the transfer of surplus funds from the current year’s Water District operating budget in the amount of $1,358,000 and future operating budgets. 3. Such amounts as may be provided for by budgetary appropriation shall be paid into Capital Reserve Fund #65; 4. Such revenues not otherwise appropriated or required by law to be paid into any other fund or account may be paid into Capital Reserve Fund #65; 5. No transfers shall be made from Capital Reserve Fund #65 except by Town Board Resolution; and BE IT FURTHER, Regular Town Board Meeting, 11-15-2004, Mtg #54 637 RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to establish Capital Reserve Fund #65 in accordance with General Municipal Law §6(c), transfer funds, amend the 2004 Town Budget and take such other and further action necessary to effectuate the terms and provisions of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING SALARY FOR LORI O’SHAUGHNESSY - EXECUTIVE ASSISTANT TO TOWN SUPERVISOR RESOLUTION NO. :564, 2004 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town Supervisor recently appointed Lori O’Shaughnessy to the full-time position of Executive Assistant to the Supervisor, and WHEREAS, the Town Board wishes to set the 2004 salary for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby sets the salary for Lori O’Shaughnessy, Executive Assistant to Town Supervisor, at $32,990 per annum effective st November 1, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer Regular Town Board Meeting, 11-15-2004, Mtg #54 638 NOES : None ABSENT: None RESOLUTION APPOINTING STUART BAKER AS SENIOR PLANNER RESOLUTION NO. 565, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established the position of Senior Planner and there is presently a vacancy in such position, and WHEREAS, the Executive Director of Community Development posted availability for the vacant Senior Planner position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Stuart Baker to the position of Senior Planner, an overtime exempt and Grade 7 position within the Town of th Queensbury’s Non-Union Position Grade Schedule, effective November 29, 2004 on a provisional basis subject to successful completion of 1) a six month probation period, 2) the Civil Service exam for the Senior Planner position, 3) Warren County Civil Service rules, and 3) an employment physical as required by Town Policy, and BE IT FURTHER, RESOLVED, that Mr. Baker shall be paid an annual salary of $46,000 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Executive Director of Community Development and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 11-15-2004, Mtg #54 639 th Duly adopted this 15 day of November, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPOINTING STUART BAKER AS FAIR HOUSING OFFICERIN CONNECTION WITH NEW YORK STATE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RESOLUTION NO. 566, 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury participates or expects to participate in the New York State Small Cities Community Development Block Grant Program, the New York State Division for Housing and Community Affairs HOME Program, and the New York State Affordable Housing Corporation programs, of which all or several may require that each participating community take specific affirmative actions to further fair housing, including the appointment of a Fair Housing Officer, and WHEREAS, by Resolution No.: 191,2003, the Queensbury Town Board developed a Fair Housing Plan and Fair Housing Officer, and WHEREAS, there is presently a vacancy in this position, and WHEREAS, by prior Resolution the Town Board appointed Stuart Baker to the position of Senior Planner and the Town Board wishes to also designate Mr. Baker as the Town’s Fair Housing Officer in accordance with the Executive Director of Community Development’s recommendation, and WHEREAS, the responsibilities of the Fair Housing Officer fall outside the scope of the Senior Planner’s duties, so the Town Board may compensate the Fair Housing Officer with funds to be paid from an account directed by the Town’s Budget Officer, and Regular Town Board Meeting, 11-15-2004, Mtg #54 640 WHEREAS, the Executive Director has recommended that the Town Board authorize an annual stipend for the Town’s Fair Housing Officer in the amount of $1,000 for the additional duties and responsibilities of the position, paid only so long as the Town is administering housing grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the designation of Stuart Baker, Senior Planner, as the Town’s Fair Housing Officer and person responsible for implementing the Fair Housing Plan, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs that an annual stipend in the amount of $1,000 be paid to Stuart Baker as the Town’s Fair Housing Officer (in addition to Mr. Baker’s annual salary for the full-time Senior Planner position) paid only so long as the Town is administering housing grant funds, and BE IT FURTHER, RESOLVED, that such stipend shall be paid from an account to be designated by the Town’s Budget officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Executive Director of Community Development, Fair Housing Officer and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 567, 2004 Regular Town Board Meeting, 11-15-2004, Mtg #54 641 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: ACCOUNTING FROM: TO: $ AMOUNT: 001-1315-4010 01-1315-2001 1,000. (Office Supplies) (Misc. Equipment) 001-1315-1035 01-1315-2001 219. (Comptroller) (Misc. Equipment) 001-1315-4090 01-1315-2001 700. (Conf. Regis. & AH) (Misc. Equipment) CEMETERY FROM: TO: $ AMOUNT: 02-8810-2899 02-8810-4800-0011 1,000. (Misc. Capital Construction) (Equip. Reprs.-Serv. And Supp.) 02-8810-2899 02-8810-4400 900. (Misc. Capital Construction) (Misc. Contractual) COMMUNITY DEVELOPMENT FROM: TO: $ AMOUNT: 001-3620-1070 001-3620-4155 5,172. (PT Clerk) (Contracted Temp. Personnel Services) 001-3620-1060-0002 001-3620-4155 195. (Clerk, FT, OT) (Contracted Temp. Personnel Services) 001-3620-1372 001-3620-4155 6,480. Regular Town Board Meeting, 11-15-2004, Mtg #54 642 (Bldg. & Codes (Contracted Temp. Enf. Office) Personnel Services) 01-8020-4400 01-3410-2001 1,318. (Misc. Contractual) (Misc. Equipment) WASTEWATER FROM: TO: $ AMOUNT: 032-8120-4400 032-8120-1570-0002 400. (Misc. Contractual) (Maint. II O.T.) WATER FROM: TO: $ AMOUNT: 040-1680-4720 040-8310-4190 1,350. (Consultant Fees) (Admin. Refund) th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF NOVEMBER 10, 2004 RESOLUTION NO.: 568, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of November 10, 2004 and a payment date of th November 16, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a thth run date of November 10, 2004 and payment date of November 16, 2004 numbering 24- 505100 through 24-542000 and totaling $761,862.42, and Regular Town Board Meeting, 11-15-2004, Mtg #54 643 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 7.0 ATTORNEY MATTERS Town Counsel Hafner-re: Situations where the Town Board is facing a septic variance and the ZBA faces a different kind of variance and we talked to Marilyn Ryba and her department and tracked it down and historically what we have done is you do not need to go in any order but historically our advice has been the Town Board has done the heaviest lift first if you get the variance that is most difficult to get and you get that one then you go to the easiest if you cannot get the variance for the septic then there is no reason going to the other. If you want to change you can but that is the way we have set it up, we recommend that you continue on. Community Development Director Marilyn Ryba-I would add that the Zoning Board Meetings are the last two weeks of the month whereas the Town Board you have a meeting at the beginning of the month and then toward the middle so if you are going to do something it is probably easier to get the septic approval first and then schedule the ZBA. Councilman Boor-I am hoping some of the fire officers are going to hear this we had WGF EMS come in with some figures and aN architect for their proposed building, they will need a building when the connector road goes in. However, some of the figures that were bantered about I found them to be unrealistic and one of the things that occurred to me when we look at taxpayers dollars and ways to save them is that we often duplicate what we have in town and I think when WGF comes to us and they want to build a new facility and they want conference rooms and meetings rooms I have to ask myself and say are we really making use of the large facilities that the fire companies have. The amount of times that they go unused wouldn’t it be a better situation if we were to have in the fire contracts that they allow EMS to use their conference rooms and meeting rooms rather than build a whole other set of rooms that only Regular Town Board Meeting, 11-15-2004, Mtg #54 644 get used once, twice, three times a month. The bottom line is I do not think the taxpayers should be building conference rooms and meeting rooms in every facility. I think if part of the fire contact stated as much and they worked together, I think not only would they be better off but the taxpayers would realize the benefit. I do not want to see a very expensive building go down there. Supervisor Stec-I have similar concerns I am sure the board does about the size of the building, I think we should consider everything and see what we can work out with our fire and ems companies. Councilman Brewer-Before we go to the expense of designing a building and what not, lets get calendars from them, that they schedule meetings and events or whatever. Executive Director of Community Development Marilyn Ryba- Announced meetings for the Planning Ordinance Review Committee, thth Saturday the 20 at 9:30 am and also on Thursday November 18 7:00 P.M. details for both meetings are on the web site or contact the Planning Office. Supervisor Stec-Thanked our sponsor G.F. National Bank for the TV8 coverage of our board meetings…also thanked TV8… noted our web site as www.queensbury.net. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 569.2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 15 day of November, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury