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2009-02-02 MTG#5TOWN BOARD MEETING 02-02-2009 MTG. #5 TOWN BOARD MEETING February 2, 2009 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY MONTESI COUNCILMAN RONALD MONTESI-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER MTG. # 5 RES. 48-59 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH Supervisor Stec-Opened the meeting. 1.0 PUBLIC HEARINGS 510 1.1 Fire Protection Service Agreement Between Town of Queensbury and South Queensbury Volunteer Fire Company, Inc. for 2009 NOTICE SHOWN PUBLICATION DATE: 01-23-2009 Supervisor Stec-Just to summarize the South Queensbury Fire contact in 2008 was $250,000 this would bring the proposal in front of us tonight is for $259,000 total which is a 3.6% total increase. It is a one year contact and with that said I will open the public hearing, if there are any members of the public that would like to comment on the public hearing for the South Queensbury Fire 2009 contact just raise your hand and I will call anyone that wants to comment. Mr. Salvador. Mr. John Salvador-Good evening, my name is John Salvador I am a resident in North Queensbury. I assume that the contact for each of these two fire companies is the same, the text is the same document except for the budget amount? Supervisor Stec-I would not make that assumption. Mr. Salvador-No? Supervisor Stec-No. Mr. Salvador-All right, thank you. Supervisor Stec-Is there anyone else that would like to comment on this public hearing? Seeing none I will close this public hearing. I will entertain a motion. RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2009 RESOLUTION N0.:48, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier TOWN BOARD MEETING 02-02-2009 MTG. #5 511 WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., (Fire Company) have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the South Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: Mr. Montesi 1.2 Fire Protection Service Agreement Between Town of Queensbury and West Glens Falls Volunteer Fire Company, Inc. for 2009 NOTICE SHOWN TOWN BOARD MEETING 02-02-2009 MTG. #5 PUBLICATION DATE: 01-23-2009 512 Supervisor Stec-Before I open this public hearing, first with the numbers the West Glens Falls total contact for 2008 was $474,646. this total proposed for tonight is $487,100. or 2.6% increase. With that said also it has been in the paper and there as been some questions in fact there was a few questions regarding contact wording here right before the start of the meeting but the fire company in their audit last year by Loftus Ross who did the audits of the five fire companies they noted in their audit that there was a related party transaction that occurred in 2007 that caught the towns attention and warranted some investigation. We met with the Fire Company a couple times and our Attorney met with their attorney and spoke with him a couple of times. What had occurred was the Fire Company essentially chose to create a second non profit association and move some of their assets into that association. In particular station 2 which is the smaller fire station and $20,000 of previously non town fund raising money as it was described to us. With that said obviously we were concerned about that transaction and the relationship and what that might mean to fire protection and what that might mean to the taxpayer. So, that what we essentially met with the Fire Company, Councilman Montesi and myself and Bob Hafner met with representatives from the fire company and Bob has issued the Board a memo on it and I do not want to put words in Bob's mouth but he did the investigation to find out if what had been done by the Fire Company was consistent or in violation, whether or not it was in violation with their current contact with the town. Did not seem that it was, the town obviously we were a little concerned that we found out about the transaction over a year after the transaction had occurred. We cannot un-ring that bell we expressed that concern to the Fire Company and I think that they agreed that it was a legitimate concern by the Town. But, that was a previous fire company administration and so I think that the current officers understand that we want to have a little bit better communications, especially on matters as potentially as significant as those. But, with that said Bob, worked on a draft contact with the fire company's attorney that Bob felt addressed the issue from a legal perspective, I gave the Town the assurance that the assets that were transferred to the association could not be transferred to another party without the town's consent. Essentially the contract language would require both entities sign their contact with the town so it would be a contract between the Town and West Glens Falls Fire Company and the Town and the Fire Fighters Association. So, with that as a pre-amble I will open the public hearing if there are any members of the public that would like to comment, I will just ask that you raise your hand. Mr. Salvador Mr. John Salvador-Good evening my name is John Salvador I am a resident in North Queensbury on Alexy Lane. Although I am not a resident within the West Glens Falls Volunteer Fire Company service area, I do have an interest in budgetary affairs of all fire companies. This interest has peaked in recent years because it has been pointed out to me that 40% of the fire tax collected in our service area, that is North Queensbury, goes to support the cost of the other four service areas. Add to this the towns recent press release of January 17th that a not for profit corporation had been formed to accommodate the desires of the West Glens Falls Fire Fighters interested in "protecting the fire companies assets" I decided to look into the affairs of the West Glens Falls Volunteer Fire Company. I am having trouble understanding why this fire company assets or any fire company's assets as a matter of fact need protecting? Has anyone ever heard of a volunteer fire company being in danger of loosing its assets? What assets does a publicly funded organization hold that require protecting? Protection from what? Insurance is sold to protect any loss. I did address a letter to the editor of the Post Star which you may have seen, but this incorporation that they have undertaken seems to be lacking in the requirement that ... have public hearing and town board approval. I would like to comment tonight and I would like to divide my comments into three sections, one, the contact, two, the budget and three, the matter of the association. I wish to strongly suggest that the town make it contractually clear in all fire service contracts that fire companies are necessarily incorporated as type B and only B not for profit corporations. Because they fulfill a necessary public service which is publically funded. This distinguishes them from all other types of not for profit corporations. Type B not for profit corporations are distinguishable from type A's, C's and D's as one; non business, educational and exclusively charitable organizations. We hear about these fire companies renting halls, entering into promissory notes, having spaghetti dinners, conducting bingo, TOWN BOARD MEETING 02-02-2009 MTG. #5 513 gentlemen this is all business. It takes contracts there is an exchange of money there is consideration. They are supposed to be non business entities. They are allowed to carry on, they are not allowed to carry on propaganda activities or attempt to influence legislation, nor participate in political campaigns for or against any candidate for political office. No part of a type B corporation can the net earnings of the corporation inure to the benefit of be distributed to any member, trustee, director, officer of the corporation, other than that expressly permitted by statute. They are not allowed to carry on activities not allowed under section SO1C3 of the internal revenue code. Type B's cannot conduct their affairs for pecuniary profit or financial gain. Type B not for profit corporation are supposed to be more carefully regulated then Type A, C or D because of the public benefit purpose and the public funding. In addition type B fire corporations are required to specifically conform to general municipal law section 30A. Report to the State Comptroller on the use of Foreign Fire Tax money, the report is due March 1st each year. For this a separate account is recommended. It does not look like there is a separate in this audit report. They must conform to the requirements of section 1402F of the not for profit corporation law, regarding their annual directors report. It shall be the duty of the directors of all fire corporations incorporated on or before the 15th day of January in each year to make and file in the County Clerk's Office where the certificate of incorporation is filed a verified certificate stating the names of the directors, the officers of the corporations, containing an inventory of its property, a statement of its liabilities and that the corporation has not engaged directly or indirectly in any business other than that set forth in its certificate of incorporation. The contract the third whereas clause in the contract contains the words is affiliated. That is the West Glens Falls Volunteer Fire Company is affiliated with the association group. That is a vio, Loftus Ross has told you that, that is a conflict of interest and conflicts of interest are of course forbidden. Also, that same paragraph, same paragraph says and has agreed to execute this agreement solely with respect to restrictions on certain transfers. Why not all transfers? I would like to address that later. With regard to the budget, the budget as proposed totals $487,100. and I would like to depart primarily from a review of the 207, 2007 Loftus Ross Audit Report of their financial statements which includes a statement of activities that is the summary of revenues and expenses for the 2006 and 2007. If approved a good case can be made that the company is over funded. Loftus Ross brought to the towns attention in mid September of 2008 that the West Glens Falls Volunteer Fire Company was engaged in related party transactions. Although not specifically stated in the report related party transaction are considered conflicts of interest, which are violations of the fire company's contract provision SC with this town, dealing with the purchase and or sale of real property assets unless every effort has been made to avoid such conflict. We are not making any effort. We are producing the conflict by having them related and affiliated. Conflict of interest are violations of the towns ethics code as well as General Municipal Law. Loftus Ross has done a good job of revealing the details of this related party transaction as could be expected with the scope of the towns sponsored audit of the company's financial activities. Paragraph G of notes to financial statements reveals the following, excuse me, revealed the following as early as September 18th 2008. There exists within the town a fire corporation which was here to fore, here to fore this report of September 18th 2008 unknown to the Town Officials and called the Fire Fighters of West Glens Falls Association, Inc. On October 1st 2007 the Fire Company entered into a promissory note with the fire fighters in the amount of $400,000 for the sale of the property at 445 Luzerne Road from the Fire Company to the Fire Fighters. The Fire Fighters are obligated to pay $40,000 a year for ten years in consideration for the property they received which is located at 445 Luzerne Road in the Town of Queensbury. As of December 31st. 2007 the balance of the loan receivable was $309,846. which means that $90,000 was already paid to reduce the debt incurred by the Fire Fighters Association. Whereas only $10,000 was due in 2007. It sounds like they are ahead on their payment schedule. What is the source of the funds with which the Fire Fighters used to pay their annual debt of $40,000 which was only $10,000 in 2007 because of the October 1st contract starting date. For openers Loftus Ross reports that the company made a chartable contribution to the Fire Fighters a related party in the amount of $20,000 during 2007. A corporation, I do not care what kind of a corporation it is, cannot contribute to anything without statutory approval. Not for profit, I cannot understand how one not for profit corporation can make a donation to another not for profit corporation and then that second corporation doesn't use the money for charitable purposes. The statement of activities shows that the West Glens Falls Volunteer Fire TOWN BOARD MEETING 02-02-2009 MTG. #5 514 Company paid $5,240. and $10,000 in 2006 and 2007 respectively for rent. Rent for what? We are paying rent on a building that we owned at one time and sold and now we have to pay rent on it? Is there a contract for this rent? Do we have any idea what the terms and conditions are? How long does this rent continue? The building is going to be paid for by the Association in ten years and they will own the building outright. Will the rent continue then? If it does how much? I think we should see this contract, whatever this rent, whatever is being paid we should have an idea of what this is all about. I ask if there is a contract was from 1099 misc. issued? You know I receive rent from various sources and I receive a 1099 at the end of the year for that rent, that rent is taxable. Again, here is a company engaging in business, taxable business that I do not think it should be involved in. Was the rent paid to the Fire Fighters by the Fire Company for the use of the fire companies recently sold building? What is the source of the rent? Is it taxpayers? Are we paying rent for the use of a building that we owned at one time? The same statement of activities shows that a not for profit non business corporation rented out their hall in 2006 for an operating loss of close to $4,000. Loss. This money constitutes a gift of taxpayer money. In 2007 the rental income exceed the expenses by $2177. What was the 2008 results and what is the forecast for 2009? Remember we are looking at 2007, we do not see 2008 yet. So, I ask what went on in 2008? Other 2006 and 2007 expenses which need an explanation. Some tools and equipment in 2006 $41,450., 2007 $43,564. gentlemen that needs looking at. Two successive years close to $85,000 small tools and equipment. Building maintenance and repair, $36,000 in 2006, $52,000 in 2007 now that lease agreement with the fires, what kind of an arrangement is there on maintenance are we paying rent and are we maintaining the building and you know, there is an entanglement here of issues that I think have to be clarified and you have to see those contracts. Page 16 exhibit A of the West Glens Falls Fire Company proposes a 2009 budget includes a $155,100 for debt service including interest. I suspect however the Loftus Ross long term debt report forecasts the 2009 debt service including interest to be $84,736. The $70,000 difference is overstated. I think in your budget in this contract should be the one budget item of $155,000 is not accurate, at least Loftus Ross reports another number as the forecast of $84,736. Page 16 exhibit A of the West Glens Falls Fire Company proposed 2009 budget includes an estimated $300,000 for operations, x's $32,000 for insurance now I do not know why insurance is not an operating cost? I do not know why it's the one thing that is segerated out but it is. Loftus Ross includes insurance as a line item in the companies operating expense report. Page 16 exhibit A the fire company proposed operating budget includes debt service interest as an operating expense as it should be. However the 2009 debt service forecast of a $150,000 must include interest. Loftus Ross reported $74,307 interest as an operating expense in 2007. The difference between the 155 and the about $70,000 is $85,000 which is approximately equal to the 2009 debt service forecast of $84,736. We got the same numbers in their twice. I have taken the Loftus Ross report for 2006 and 2007 and I have extracted out of the report the expenses that I think are realistic operating expenses and I have totaled those. The items that I have included in operating expenses include communication equipment, insurance, interest, physicals, office supplies and fees, professional fees, building repairs and maintenance, small tools and equipment, telephone, training and education, utilities and vehicle expense. I have not included the following things as operating expenses; banquets and awards, your contract clearly states that the town monies shall not be used for banquets and awards. Contributions, corporations are not allowed, let alone not for profit corporations are not allowed except by statue to make contributions. Depreciation, depreciation is a non cash expense and should not be included as an operating expense. Fund raising, we should not have to pay for fund raising they want to have a fund raiser take the cost the cost of raising the funds out of the proceeds. Good will and welfare, I have no idea what that means. But, whose good will and whose welfare? Hall rental expense, should come out of the hall rental proceeds, it should not be an operating expense. Have a separate account for that. Hudson Valley Convention, the Hudson Valley Convention is not educational they should use their own money for that sort of thing. Refreshments, take the refreshments out of the Foreign Fire Tax. So, with that I get an expense, an estimated operating expense of about $328,000 which I have adjusted accordingly. Taking the Loftus Ross report at actual operating expenses for 2007 of $328,456 and subtracting $28,130 for insurance add $74,307. for interest paid and adding 10% cost escalation from 2007 to 2009 equals $248,600, lets call it $250,000. With the operating cost of $250 add to that the insurance and the debt service we get a total of $366,736 which is about if you add, TOWN BOARD MEETING 02-02-2009 MTG. #5 515 and adding and I add in to the over funding $30,000 what I am doing is taking $30,000 out adjusting for small tools and building maintenance and we find that the fire company is about 45% over funded. 45% over funded. There one aspect, one thing I came upon as I looked at this and that is why I sort of insist that you include all such transactions. What I would like to do is run through a quick time line of events that will bring you up to the present time as to what Supervisor Stec-Quickly, John Mr. Salvador-In the late 1970's three substandard building lots two fronting on Columbia Street and one unimproved on Alta Street fell to a tax sale. Warren County took title and proceeds for auction sale on 1980. On June 24, 1983 John Liapes took title of a small sliver of land fronting on Alta Avenue for $50. Everything remains oh, excuse me, on 6- 25 of 1984 the West Glens Falls Fire Company took title to two substandard lots fronting on Columbia Street per Warren County Board of Supervisor's Resolution No. 275 of 1984. That resolution Supervisor Stec-Get someplace quick with it, John. Councilman Brewer-I was just going to say where is he going with it? Mr. Salvador-The Real Property Tax Service Committee has determined that ownership of certain parcel which was to be offered at public auction held on June 22"d ' 84 would be advantageous to the West Glens Falls Volunteer Fire Company No. 1 and be it resolved that the Chairman hereby authorizes and directed to execute and deliver on behalf of Warren County conveyance by deed in the form approved by the attorney. What they did, was that they pulled these two parcels of land from the auction sale where the owners could have redeemed them. The owners could have redeemed those at auction sale but they were pulled so that the West Glens Falls Fire Company could get their two substandard lots. Ok. Supervisor Stec-Quickly, John. Mr. Salvador-Yes. Everything remained dormant until January of ' 07. In January of ' 07 the certificate, in January 12th of '07 the certificate of incorporation for the Fire Fighters of West Glens Falls was filed. In August of'07 the West Glens Falls Fire Company conveyed to the Fire Fighters of West Glens Falls Association the small sliver of land which the company had previously purchased from John Liapes for $3,600. I think the $3,600 came from town money. Where did the money come from and then where did it go? In August of'07 the West Glens Falls Fire Company conveyed to the Fire Fighters each of the two substandard lots that they had purchased at the auction sale for a total of $14,500. Now where did the Fire Fighters Association get the $14,500 to purchase from the West Glens Falls Fire Company the two substandard lots and where did the money go? All of the land acquired at tax sale by the Fire Company and John Liapes that is the undevelopable land is now in the ownership of the Fire Fighters. And, the lands identified as tax parcels, 94 and 95 is still titled in the West Glens Falls Fire Company Inc. which the company had ever owned. In October of'07 a map of a survey made for the West Glens Falls Volunteer Fire Company as prepared by VanDusen and Steves the Town Surveyor. This map really serves to effectuate a major lot line change and a three lot subdivision. Now, I thought these sort of activities had to be approved by the Planning Board. This is hardly a lot line adjustment, what was done, hardly a lot line, I have the map here if you are interested. It is a major lot line change. Then a three lot subdivision is done. And the survey is not a subdivision plat, it is just a map of a survey. Now, what happened here is the map of a survey gets filed at the County. Supervisor Steo-John, lets get focused back on the contact. Mr. Salvador-I am coming to it, ok? Councilman Brewer-Then get to it, please. Supervisor Stec-Get to it. TOWN BOARD MEETING 02-02-2009 MTG. #5 Mr. Salvador-OK. 516 Supervisor Stec-While I have a break in the action here I want to correct you on two material errors that I am aware of on the spot that I can correct you on. I am sure that our Attorney probably has his own list it is probably a lot longer than two and I am going to guess that Fire Fighters in the back of the room are going to have exception with some of the things that you said, but number one you started by saying that there is a town press release on this. The town or myself or any other town official has never issued a press release on this, I want to correct that for the record. Mr. Salvador-Some how the press got informed. Supervisor Stec-There is a difference between a news article and a press release, John. Number two, and this is the more significant of the two, I think, but I think it is important to point this out and this has been pointed out before and you have been in the room before when this has been pointed out, the town you said the town had an ownership, the town has never owned either one of these buildings. They are a separate SO1C3 that we contract for services the town has never owned any of the fire fighters real estate, none of it. Are we clear? That is an important fact here, I want to hear you say you understand. Do you understand? Mr. Salvador-I do not understand that, ok? I have my own opinion on that and I do not understand it. Ok. Supervisor Stec-Lets make sure that we understand that there is a difference between opinion and facts, John, now get to it. Councilman Strough-I think John's point was that the community has paid for a lot of this. Mr. Tucker-Can't hear you John. Councilman Strough-I said, I think one of John's point is that the community has paid for this. Supervisor Stec-There is a difference between that and what he said. Councilman Strough-I know that. But, I think that was his point that is the way I understood it. Supervisor Stec-It is my experience after nine plus years never to try and assume what John is saying or thinking, John. Mr. Salvador-In July of'08 the West Glens Falls Fire Company obtains a release of a part of a mortgage from the Glens Falls National Bank and Trust Company for three parcels of land fitting the description of the three parcel subdivision. Now, all of this went on without your knowledge, all of it went on without your knowledge, here they are getting a release on a mortgage that we are back stopping. We have an obligation to back stop that mortgage. Supervisor Stec-Correction, we do not, John and that is the point that I have made to you Mr. Salvador-You do not pay that Supervisor Stec-We give them money for service, they take that money and they pay their mortgage. This town is not liable for one cent of any of the fire companies debt out there, none of them. Zero. Mr. Salvador-Your budget has a line item debt service. TOWN BOARD MEETING 02-02-2009 MTG. #5 517 Supervisor Stec-Their budget has a line item debt service. We are not, this town is not liable for any of the mortgages that the fire companies or rescue squads have, John, that is an important fact. That if you are not going to agree to that fact then I think we are spinning our wheels here. Mr. Salvador-Ok. Supervisor Stec-Get to it. Mr. Salvador-In any case finally what happens is the West Glens Fire, after then get the release of the mortgage they have got the subdivision in place ok, they can convey title to a major portion of that vacant land which is north of the fire company, ok. On August the 26th of 2008 they conveyed to the Fire Fighters Association 2.86 acres of land shown as tax parce13O9.1O-1-95.1 at what cost? The record at the County shows there was no money changed hands. Did they gift, did the West Glens Falls Fire Company gift land to the Fire Fighters Association? Councilman Brewer-I have no idea you are going to have to ask them. How would we know that, we didn't do it. Mr. Salvador-Ok. In any case I think we should look into some of these details and I do not think you would be, if we followed the procedures that were supposed to you would not have these surprises that you have. Supervisor Stec-I led with, the Town was not thrilled with the surprise and I said we cannot un-ring that bell. So, we can only deal with the fall out from their decision and we are trying to do that. Mr. Salvador-But, if it were a tight ship you would not be surprised, that is my point. Supervisor Stec-John, you know what these fire fighters, these five fire companies always looking for volunteers and if you have got a certain thing to bring to one of them I think you should knock on their door and say I am here to help. Mr. Salvador-The branch of the military I served in we had a saying, a lock keeps an honest man honest. Supervisor Stec-Thanks. Is there anyone else that would like to comment on this public hearing? Mr. Tucker Mr. Pliney Tucker-41 Division Road, Queensbury You mentioned the fact that you and the Town Attorney had conversations with the fire company Supervisor Stec-And Councilman Montesi, yes the three of us did. Mr. Tucker-over the entire package? Supervisor Stec-Yes. Mr. Tucker-Can you tell me why they did all this? Supervisor Stec-When we get done with the public comment I will ask Bob to brief the Board and the public a little bit on his take on this. Mr. Tucker-Why it all came about? Supervisor Stec-And I imagine that the Fire Company might want to ask, I will start with them. Town Counsel Hafner-When they are done with the public hearing probably John Cameron. TOWN BOARD MEETING 02-02-2009 MTG. #5 51g Supervisor Stec-Is Mr. Cameron coming? John too many John's floating around here today it gets confusing. See I told you we were going to have some head scratching over the curve ball that you threw us we will do our best to get through it. Do you want to explain to the Town Board and the public a little bit not to put you on the spot ..anything that was said but maybe through out your train of thought .. . Mr. John Cameron-I am the Treasurer of the fire company and also the President of the Association, Fire Fighters Association. There were so many things that were thrown out by Mr. Salvador I really would not know where to begin. I think he got mixed up a lot with apples and oranges, frankly in his discussion. Supervisor Stec-Deal with it for nine years, you have just seen the tip of the iceberg. Mr. Cameron-We were here, not here to prepared to discuss the audit but even that got very confusing because I am pretty familiar with the audit I do not have it in front of me. Things like debt service and whether you are including interest or not or just principal, those kind of issues, what the operating budget is. We know those number cold. I do not have it with me tonight but we did not expect to be audited on the audit tonight you know. But, the related party transactions that the auditor disclosed, those were not found by the auditor we disclosed them properly during the course of the audit. There is a reason they are called related party transactions and they are not findings if you will in an audit. We have all seen audits with findings where they are saying that there is something quote wrong. Related Party Transactions does not necessarily connate that something is wrong it is simply reportable item that they are disclosing, it is a disclosure item is what it is. I mean if you guys have any other questions in that regard you know, obviously this was vetted with our legal counsel. None of these steps were taken you know, without going through legal channels. Councilman Brewer-Why just, for my own curiosity why was the town not told about it or informed? Mr. Cameron-We discussed that with Dan and I think the Attorney answered that in his letter. Councilman Brewer-I was not there so, I did get Bob's memo but could you just tell me why? Mr. Cameron-Well, it was disclosed to the Auditor and that is when it was required to be disclosed. It did not violate any of the town contracts, it did not affect fire protection service what so ever, and it did not involve any of the town contract monies. They are not paying for Station II, that asset is a bona fide sale and lease back which I know that your Attorney is familiar with Mr. Hafner, we discussed it with him. So, I mean. Councilman Strough-John, what concerns me is the separate entity was created, I mean the West Glens Falls Volunteer Fire Company had already existed and then without the knowledge of the Board you created the Fire Fighters of West Glens Falls Association Inc. another non for profit corporation and you started to shift assets over to this other corporation. Mr. Cameron-It is for asset protection basically. Councilman Strough-AIl right, now those assets that go to this other corporation if they are sold or produce income is that going to be used for operating expenses for your fire fighters? Mr. Cameron-It is used as its sole purpose of the corporation of the association is to provide for the benefit and use of the fire fighters of West Glens Falls. Councilman Strough-That does not answer my question John, is it going to be used for operations? Mr. Cameron-You mean town operations, under town contract ? TOWN BOARD MEETING 02-02-2009 MTG. #5 519 Councilman Strough-No, your companies operation. Mr. Cameron-What kind of operations? It could be used for operations..it could be is the answer, it could be, depending on how you define operations, I mean. Councilman Strough-Well, you know John, I do not want to finger point and what you did maybe just fine, this is new to me. Mr. Cameron-That is fair. Councilman Strough-I am not comfortable with it because it is new. I am not comfortable with it because I see a shifting of assets and I want to make sure that Mr. Cameron-Those are fair questions. Councilman Strough-my job is to protect the community interests and I want to make sure everything might be ok and I do not want to put a dark stain on your group Mr. Cameron-I would appreciate that Councilman Strough-you are hard working volunteers and that is great, but I do have to be very careful in representing this community. So, I am just going to be careful that is all. Mr. Cameron-We understand that. Councilman Strough-ok. Mr. Cameron-That is why I think we, when we negotiated the contract at the workshop or the meeting that we had that we made some changes to the contract in order to protect the town if you will for fire service reasons like Dan said earlier, the Town does not own the assets of the fire company. However, they have a vested interest because we provide fire protection service, in given that you know, there is nothing that is going to impact the fire protection services. We made assurances and we will make assurances in writing to that which we already proposed. Supervisor Stec-I think it is fair to point out that the contract would call for both fire entities to sign it and does prohibit either fire entity from transferring any real estate which our concern, again, as was touched on a new corporation is formed and assets are transferred from one to the other. Some people would say well, insurance is there to protect that asset, why isn't insurance enough well, because we have seen even in fire examples in this very town sometimes an insurance policy isn't all you think it is. I can understand where you are coming from, from that perspective but it is important for us to know that these assets have been transferred to this other entity how do we know that, that other entity isn't going to in turn, sell them to Joe's garage or whatever. Mr. Cameron-I thought we had covered that. Supervisor Stec-This is more for the public than for you, your contract that Bob worked out with your Attorney our Attorney did, protects the town from that. Mr. Cameron-When we talk about transferring of fund raising assets if you will I think, we all know like police departments and fire department often have benevolent associations this is basically how this association functions is benevolent. Supervisor Stec-Are there other associations like this in the State that your Mr. Cameron-Yea, there are several in the State, there are many we have researched a lot on the subject. Ironically had the association had existed for the last lets say twenty, thirty years and as fundraising monies or assets were earned and they went directly into there then all of a sudden the question wouldn't be as, what is the word, disconcerting I TOWN BOARD MEETING 02-02-2009 MTG. #5 520 guess to the town or taxpayers. Why are you transferring assets, well they are the fund raising assets of the entity. Councilman Strough-Now, wait a minute, a lot of those assets, the building and the land and so forth, I mean you are claiming that the town taxpayers contributed nothing to that? Councilman Brewer-Station II they did build out of Councilman Strough-But the property I mean Councilman Brewer-Understood Councilman Strough-I don't know this hasn't been verified to me and as a representative of the community I am just being careful. Mr. Bob Gilman-The building and property was purchased by the fire company out of bingo in 1987, the building was totally paid for by the fire company in 1987 and completed 1988. Councilman Strough-So, you did not have a mortgage on that? Mr. Gilman-We had a mortgage for five years it was a fifteen year mortgage and the fire company paid it off through bingo in five years and we burnt the mortgage in the parking lot in Station I. Councilman Strough-And no part of that mortgage was ever paid for with taxpayer money. Mr. Gilman-Paid for by the Town absolutely not, John. Absolutely not. Councilman Strough-Well, you see, you might be right and I have no reason to, you have never lied to me or brought dishonest to me, but this is new I am just trying to be careful and I just, this is something that needs to be verified and a little bit more investigation done here, that is all I am saying and everything might just come out rosy but I am ..so convinced I. Mr. Cameron-You may personally not be familiar with it but I think the Town Counsel is pretty much. Mr. Gilman-We sat down and had Mr. Cameron-We think it has been investigated quite frankly. Councilman Brewer-John in the same hand Bob is our Attorney and we have to be comfortable because we vote, he doesn't. So, in that essence I bumped my head when I fell so I am going to agree with John a little bit but you have to make sure Mr. Cameron-This John? Councilman Brewer-No, in all seriousness I would feel comfortable if you gave us a week to let us investigate a little bit more of questions that I am sure Bob, well I mean, leave the public hearing open like we discussed earlier or what ever you want to do that is my suggestion, there are questions that I have that I Town Counsel Hafner-You can close the public hearing and the Town Board Councilman Brewer-Yea, close the public hearing Bob, right. But, I would like to ask some more questions and maybe not in this setting. Councilman Metivier-John you made a comment you are protecting the assets what are you protecting them from? TOWN BOARD MEETING 02-02-2009 MTG. #5 521 Mr. Cameron-Well, the main reason was liability and I think someone here mentioned that insurance doesn't always cover everything, multimillion dollar lawsuits or some catastrophic event. Councilman Metivier-But it was just for this Station II. Mr. Cameron-Yea, because Station I has been financed through town contract monies at least the structure and I might add even the land under Station I was donated by a fire member. Even that land was not purchased with town contract monies. Councilman Strough-So, in theory is you sell Station I whatever you sell it for this Board would have absolutely no control on how you spent it you would spend it anyway you want it because it is your money. Supervisor Stec-You mean Station II. Councilman Strough-Station II, ok, thank you. Mr. Cameron-Well, I think that was a concern of the Town and the Counsel of the Town and that is why it is being memorialized in the agreement that, that will not happen. Councilman Strough-And the property I guess there is consideration for some property be shifted over to this? Mr. Gilmore-... on Station I? Councilman Strough-And this property was given in fact by Warren County? Mr. Gilmore-That property was given by John Liapes from Newcomb Street and 1984 I believe, that was donated to the fire company at that time by John Liapes, which is still alive today and the other property on Alta Avenue was also donated by I believe Didio was the name. We did not pay for any of that it was all donated land. Councilman Strough-So, currently right now the land and the building fire house number II are assets that theoretically if you sold them or gained some kind of investment money from them that could be used for operations and such. Mr. Gilmore-Yes, and we have been known in previous years to use a lot of our money in operations because when we rebuilt that building in 1996 Station I the Town Board at the time I believe Pliney Tucker sat on that board, and we had to re-do the bingo hall ourselves out of bingo the Town did not put one dime into that bingo hall. We paid for it, we paid for all the plaques out side that building, we paid for the first cement pour, in that building out of bingo. Councilman Strough-The other issue too is I have two contracts this is the one that we had for the public hearing this is the one that the public was told to review for todays consideration and if the public had anything to say it was this particular contract, however the contract has been re-written as you and I were talking previously to the meeting and this is brand new, the public has not seen this that I know of. Mr. Gilmore-I believe that your legal counsel along with Supervisor Stec could answer those questions. Councilman Strough-They were in fact, this contract includes both entities and it would be referred to as in the rest of the contract as a fire company but would include both entities. Mr. Cameron-They are not a fire company that would be the.. Councilman Strough-In terms of us being able to TOWN BOARD MEETING 02-02-2009 MTG. #5 522 Mr. Cameron-The Association is not a fire corporation I want to clear that up from earlier too Mr. Salvador comments. Councilman Strough-This one here does not allow us to audit this other entity. Mr. Cameron-Ir-regardless of that it is not a fire company the Association is not a fire company. Supervisor Stec-Let me jump in here on that, and John is correct when we set the public hearing there was some additional Town Counsel Hafner-Can I just approach that question because Supervisor Stec-Well, I was just about to frame that for you, I was just going to say I would like you to touch on that but as far as the concern that John raised about how that first paragraph was re-worded is there another way that, that could be worded where, I mean it looks to me like maybe the stumbling point is at the tail end of it where we said the West Glens Falls Volunteer Fire Company No. 1 and the Fire Fighters Association then we continue on saying referring to both of them as the Fire Company and perhaps if we dropped the reference to calling them both the Fire Company then that might make them feel a little more comfortable with that. We are not trying to call the Association a Fire Company, because I think Councilman Brewer-Why can't you just name the Association in the contract as well. Supervisor Stec-Well, that is what I mean, all right it has been framed to you, Bob. Town Counsel Hafner-I am going to address a few because you addressed three things and the first what I think is most important procedurally, legal question, is the question about what the public hearing is set for. The public hearing, in Queensbury we tend to set our public hearings include a draft of the contract. The draft of the contract is not required it is a procedure that we follow here and it is a good practice to let people know in advance. What the public hearing is for is for the amount of money that we are spending. We need to have a public hearing before you enter into a contract for a fire company to provide fire protection services to the Town. I do not think the dollar amounts changed. So, I do not think if you are looking at as a legal issue we have given the proper notice for this public hearing. If the Town of Queensbury Supervisor Stec-So, what you are saying is we could change the language in the contract. Counsel HafnerCorrect. If the Town Board feels that it is a good practice that they want to have, people have the exact language that is a policy decision and we always tell you that if you want to do that you are free to do that and have public hearings even when they are not legally required. The next question was on I think Supervisor Stec you asked about the definition in the first version that you had the true version that I drafted and then we got some a lot of input as to that the Associations part of the contract from their Attorney after we had that meeting with you and Councilman Montesi and the Fire Company. We originally defined it where both entities were the Fire Company so we did not have to worry about who owned what and who was to do what. We at that time were not aware that their concern was the liability from their operations. They expressed that and you and Councilman Montesi with the committee were at the meeting and it was decided that their logic made some sense. That if the reason for setting up the Association was to protect these assets that they had free and clear of debt from possibly liability that this is a structure that could reach that and if that is your goal then you do not want the Association which is to keep assets free from possible liability you want us, you do not want them to be responsible for providing the fire protection. Their Attorney proposed the simplest version of doing that while meeting what was expressed as the town's concerns at that meeting. I am sorry, you cannot have more than two of you at one of those meetings because then it becomes a public meeting. I tried to do a memo and I am sorry to the extent that I did not get all of this through. The conclusion from this meeting was that what the Town cared about was that these assets which were owned by originally by the Fire Company and now by the Association that they would continue TOWN BOARD MEETING 02-02-2009 MTG. #5 523 to be used and available for use and used for West Glens Falls Fire to provide services to the town. What we care about, what we are hiring them to do is to save people's lives is to be there to go when you get a fire in the middle of the night, you get a call. So, that was one concern and the other concern because the Town Board everyone that I have talked with individually has expressed I do not think you will mind me saying this a concern that assets, valuable assets were transferred from a fire company that we provide so much financial aid to in our contracts. Individually each of you expressed your desire that, that not happen again and that we tighten that because no one envisioned that, that would happen. So, we specifically put language in the version that John is talking about and we made sure that it was still in the version that we agreed to after the committee meeting that we had. For the publics point of view since it is a matter of such concern, I think the people have to understand that when you have a SO1C3 a charitable corporation one of the requirements of that corporation is that those assets can only be used for charitable purposes. If for any reason the Association quite being in existence they have to transfer it to another charitable entity preferably one that does the same services. Our contract provides that, that happens to be the Town. But, that is while the contract exists. We contract for a term of years. So, I think that is important that you know it is not like they can legally use these funds except for their charitable purpose. So, have I answered your questions? Supervisor Stec-Yes. Counsel Hafner-I see John has some. Councilman Strough-Yes. Counsel Hafner-I am sorry if I got wordy. Supervisor Stec-That is quite all right. Councilman Strough-The structure does maybe provide for them or afford them a little bit more protection from their liability, but is that the only service that this structure could serve. Are there, I am just saying, the other thing and they said basically was true is that they were going to put their assets, their assets that supposedly had nothing to do with town taxpaying money into this other entity. Now that removes it from the purview of this board. Counsel Hafner-I had not heard that concern until you articulated just before the meeting, John and if I had known that I would have worked with their attorney. I do not think, they are here you can ask them, I do not think that they would mind you suggesting that we put audit provisions for that entity also. Frankly it is a not for profit they have to file their 99O's I think that they are on line somewhere and I think that if you ask them for copies they have to give them to you. If you want the right to audit, I mean those types of things we can add and talk to them. What is important what they told me was that they not be, that the Association not be treated, be placed in a position where it could be added to a law suit. Councilman Strough-Here is another concern that I have, the assets that they are shifting has it been verified that those assets being shifted to this other not for profit corporation are in fact theirs and in fact taxpayers money was never utilized for those assets at any time in the history of that asset. Has that been verified? Counsel Hafner-We would say that is not a legal question and when we talked about it we said that one of the things that the town needs to do is to be able to verify the various financial information that you are concerned with. The part that we were most concerned about was actually one part that was discussed earlier about that we wanted to make sure that since it is being done as a sale and a lease that there would be no increase in the cost that they come to in the budget. They assured us that, that would not happen and every time I have talked to one of your about it I said that is something the Town Board is going to have to be able to verify to a fashion that they are satisfied. TOWN BOARD MEETING 02-02-2009 MTG. #5 524 Councilman Strough-There is no mechanism though for us to verify that those assets that are getting transferred to that entity are their assets and that taxpayer money never had anything to do with those assets. We just need verification of that or someway of proving that before the shift of the asset takes place. We have to protect the community's interest. Mr. Cameron-We understand that. Councilman Brewer-How do we do that John, can we close the public hearing and Supervisor Stec-Let John Cameron answer some of that. Mr. Cameron-Well and Bob knows some of the guys have been here a lot longer than I have at the fire company. Councilman Strough-I know but that is hear say and by gosh and Mr. Cameron-Conversely do you have any assertions that the assets were purchased with town monies, and the answer is no because they were not. Councilman Strough-AIl I am saying is we need to verified one way or the other. I am not making any claim, I am saying we need to have it verified and in this process the assets that you are shifting from one entity to Mr. Cameron-We are comfortable that they were not purchased with the towns funds. Councilman Strough-I know that you are comfortable but I have to be a 100% comfortable. Supervisor Stec-Bob, does it matter? Counsel Hafner-Our contract is for services, we do not own their assets. Councilman Strough-Well, our contract is for services and we are giving them X number of dollars Counsel Hafner-Big numbers Councilman Strough-Yea. Those are going into for example paying the mortgage of this building number one, fire house number one for example. Now, Counsel Hafner-That does not make us an owner. Councilman Strough-Now, could they shift fire house number one over to this entity and away from Town Board purview? Counsel Hafner-Under either version of the contract in order to do that they would have to get our permission. Supervisor Stec-Right. Counsel Hafner-We specifically changed that in either version that you are talking about. Councilman Strough-AIl right, now they have already shifted that we know of fire house number two and $20,000 into this entity without any Town Board permission. Counsel HafnerBecause, again no one envisioned that they would be transferring their fire house that they needed to provide the services that are in the contract. Councilman Strough-I know and I am not the only one up here that TOWN BOARD MEETING 02-02-2009 MTG. #5 525 Councilman Brewer-I do not know it is totally confusing I mean I just don't I am sorry I don't quite understand it. Councilman Strough-If I am going to err have to err on behalf of caution. Counsel Hafner-Like you need time to think about it, you have had the public hearing you have got the input from the public. Mr. Cameron-Right Councilman Strough-We need some time to get some Mr. Cameron-Well, I think Mr. Hafner covered a lot with his discussion about the Association being subject to New York State Law and a charitable organization, and that its purpose is expressly stated in its articles of incorporation and you know it was to dissolve it has to, its assets go to a like minded organization. There is no exposure there, you know, there is no, in the 99O's they are public record excreta, excreta. I just want to go over a few facts with you quickly. It was formed in '07 ok the purpose of it was for asset protection and to benefit fire fighters of West Glens Falls Fire Company. Councilman Brewer-How does it benefit them? Mr. Cameron-It protects their assets number one, right. Councilman Brewer-But, there is no particular person that owns those assets the corporation owns them. Suppose the corporation were to dissolve who gets those assets? Mr. Cameron-Well, I will give you an example; how does it benefit, I mean some of the monies in the association are used for banquets or parties or things such as that ok, good will. Ok, so you say how does it benefit, I mean the word benefit could mean anything, we could buy fire equipment to, that is a benefit to the fire fighters, which we have done many times. Councilman Brewer-I am just asking the question. Mr. Cameron-No. that if fine. It was disclosed in public record all of these transactions and incorporation and it was disclosed by us to the auditor in the timely manner. It wasn't just discovered. Had zero impact on town fire service, the town was protected by its written agreement, Station II is used by the Fire Company only for fire service. We plan on memorializing that in agreement. It provides a separation in the wall that clearly differentiates from town funds the association does. The sale of Station II was a bona fide sale with a lease back where the tenant pays all expenses, of the operating costs I mean. Town moneys pay for fire service. These associations, like I said before have been formed elsewhere and they seem to be widely excepted since they exist throughout the State of New York. Councilman Strough-That does bring a question up, I have never heard of this arrangement with a fire protection company or a fire protection district in this case in terms of a legal entity. Did you run this structure by the State Comptroller's Office by any chance? Mr. Cameron-No. Councilman Strough-I would love to have their blessing, saying this is just fine, you know, if we could get the State Comptroller to look at this and say this all right, I would feel 100% better, I really would. Councilman Brewer-So, why don't we just do that then. Supervisor Stec-You will not get in a week, just so you know. Councilman Brewer-The Association of Towns could probably tell you. TOWN BOARD MEETING 02-02-2009 MTG. #5 526 Councilman Strough-But I think it is only the right thing to do for this Board is to make sure that the State looks at this arrangement gives it blessing and we can move on. Mr. Cameron-I would still like to know Mr. Strough what your major concern is? I just went over the fact that it doesn't affect fire service, it does not affect the towns monies that we use for fire protection. Councilman Strough-My concern is there is no verification that the assets that you are placing into this entity which go beyond the purview of this board are in fact Mr. Cameron-We are asserting that they are. Councilman Strough-That the community does not have some entitlement to. The other thing that I am concerned about, and you might be right, the other thing I am concerned about is the arrangement, you sell this four hundred thousand dollar building to yourself and now you are going to pay rent on it. You have parcels of land that you are going to be putting into this entity, you have cash that you are going to be putting into this entity, you know, verification and ultimately this entity is going to away from our Auditors away from our purview, away from any town control of this entity I just want to make sure that the taxpayers don't have any interest in that. Supervisor Stec-We are going to work the audit into the agreement, I have not heard any objection to that and Bob the audit provision. Councilman Metivier-John did you have to get any since it technically owned by a separate entity, insurance for the second building on its own? Mr. Cameron-We are working with that with their insurance agent, we believe it is covered under the lease agreement and the contract sale. Councilman Brewer-So then that is town funds for their association. Mr. Cameron-That is operations, Mr. Brewer, this is not Councilman Brewer-Those are things I don't understand, that is why I Councilman Strough-They are contributing to the existence of this building. Mr. Cameron-You are paying for fire service like you do with every other fire company in the Town of Queensbury. Mr. Gilman-General contract laying blacktop. Councilman Brewer-Bob, all I want to do is understand it. Councilman Metivier-I understand it I would caution you in that if you transfer an asset to a new owner you are not covered under any insurance from the previous owners so just be very careful with that. Mr. Cameron-Like I said that has been through an Attorney through legal and there was a contract sale for us and there was a lease with the entity. Councilman Strough-The other thing is to, if we have the blessing to this I feel better about the precedent, because North Queensbury is doing it and if North Queensbury does it then Central and is going to do it and Bay Ridge may do it and you know what it may be all just fine and honky dory. Mr. Cameron-I am sure everyone is doing it because it is not fine and honky dory, this was vetted through legal counsel it is appropriate and it was done for the reason stated. We do not see what the big issue is. TOWN BOARD MEETING 02-02-2009 MTG. #5 527 Councilman Strough-Like I said if I have the Comptrollers blessing on it Supervisor Stec-Bob, is that your opinion though? I have not gotten around to asking you that, is your legal opinion to this as far as what they set up and how they set it up legally correct? Counsel Hafner-I think I stated that pretty clearly, I have done this type of Supervisor Stec-I am not arguing with you I just want that clear in everyone's mind. Councilman Brewer-You are belaboring it. There are questions we want to find out. Counsel Hafner-I have not run into it in a fire company, but it is the type of thing that I have personally been involved with before and it made sense by the Town Board has some concerns because of the large amounts of money that they pay each year and it is the five of you, the four of you that are here, that have to be confident that your feeling safe. Councilman Strough-And you know that might be fine for a private entity and a private entity but we are dealing with a quasi public entity and a quasi public entity which to me is almost a different realm. Mr. Cameron-When you mentioned the town paying for paying for fire service to, you know, there is such a thing in the non profit world as in kind services I am sure you have all heard of that, you know the donated labor of a volunteer fire force just at West Glens Falls alone is estimated at about one point five million a year. So, when we say we provide all of the funding for fire service we provide the cash right the Town does, I mean, through the contract and it is for service. You getting a valuable service in return. Councilman Brewer-And nobody disputes that at all, never has. Councilman Strough-And we appreciate that. Mr. Cameron-And as Bob was going to say earlier the funding raising that West Glens Falls Fire Company has done over the years was astronomical, it was probably we figure north of a million dollars. I do not know how many trucks were bought not just Station II, fire trucks, apparatus, that is what we chose to do with our money over the years with our fund raising money. Supervisor Stec-You mean you did not have surf and turf? Mr. Gilmore-No. Mr. Cameron-I cannot vouch that there was not some of that at some point, right, but Supervisor Stec-But not every weekend. Mr. Cameron-I just wanted to put that on the record, that is all. Supervisor Stec-And John, we do appreciate that and it is important for the public to recognize that if you put a cash value on the amount of donated labor over the years, not only for you but for all five fire companies and the three rescue squads it is staggering. The State of New York Fire Association ...they put out a report a few years back and it was unbelievable what the estimated annual value of the labor that was donated through volunteer fire companies it was billions, it was seven billion or, it was billions. TOWN BOARD MEETING 02-02-2009 MTG. #5 528 Mr. Cameron-I think we have been remiss on that in the financial statements, I am going to recommend to the auditor that, that be reflected on the financial statements as to the value of in-kind services. Supervisor Stec-Do you have anything else that you would like to the public hearing? Mr. Cameron-No, I don't. Supervisor Stec-Is there anyone else that wants to comment at the public hearing? All right I am going to close the public hearing and I am going to ask Bob Mr. Cameron-Thank you. Supervisor Stec-You are welcome, I want to make sure you hear what I am going to ask Bob to do, I am going to ask Bob to work with and maybe contact Mr. Spike again and work on some additional language that addresses the audit concern and whatever other Board Members concerns you were able to glean that we haven't addressed and then just continue Counsel Hafner-The State Comptroller, we can ask I mean but you are not going to get an answer quickly and I do not think you will ever get an answer because it is not the type of thing they pine about. Councilman Strough-If we had enough protections in this one year contract to make me comfortable to move forward, and we know in parallel with that the Comptroller let them do their thing and we know it will probably take months but this would be a one year agreement. So, we should have something by the end of the year and maybe everything is just fine, but Supervisor Stec-That is reasonable but I just, what Bob is saying they may not give us an answer. Counsel Hafner-They are unlikely to, I have talked to their counsel in the past and in things like this they are likely not to give an opinion. Supervisor Stec-That is fine Bob, if you wouldn't mind firing off a letter to the State Comptroller's Office and ask them and we will set that aside and set it on its own separate parallel path and in the mean time the audit issue as far as continue to work on the language of the contract the dollar amount is not going to change but the language can and then the Board will look for another version of the agreement with a memo and if we get that resolved in the next couple of weeks and then we can pass a resolution following that, authorizing the contact now that we have concluded the public hearing. So, this is what I would suggest. Counsel Hafner-If I could just ask John and Tim if you have specific provisions other than audit if you would e-mail me or call me. The things that I think that the Association is more concerned about is that they are not in the contract responsible legally for providing the types of services that could lead to the type of liability that they are concerned with . So, provisions like audit, have them talk with their attorney I looked at their faces while I mention, I cannot imagine that they care you know. Those types of things will give you the safety the sureness that you want and they have fully disclosed everything I have seen us ask for. So, I do not think that's, but if there are other issues like that let me know. Supervisor Stec-And then while they are still here we are going, I am going to hand this to Darleen and I have marked up our first resolution tonight to add West Glens Falls everywhere that I think we need there for the one twelfth for that one twelfth check could be ready the next day or two and then as soon as we get this resolved we have a work shop coming up a week from today and then probably the next meeting after that would be the 23rd so if not a week from today three weeks from today hopefully we will have a contract ready for authorization. TOWN BOARD MEETING 02-02-2009 MTG. #5 529 Counsel Hafner-I want to give John and Tim some time to get their input, if they want to look through the contract and see what the care about. Mr. Cameron-Just to reiterate what you guys were just discussing, you will send something off to the attorney to our lawyer? It sounds like where we are at and correct me if I am wrong maybe a matter of disclosure. You are looking for accountability down the road. Councilman Strough-Well, that is right, John. Mr. Cameron-So, we will work toward that definitely. Something that also serves the purpose that Mr. Hafner's been discussing with the legalities of not being a fire corporation. Supervisor Stec-I suspect whatever changes are going to come to that draft are going to be fairly mild, not numerous, I think we got an audit provision we want to add in that might be as simple Counsel Hafner-We have one in there we just need to refer to it for both entities and add Association. Supervisor Stec-And assuming Mr. Spike is comfortable with that and the membership of the executive body is comfortable with that. Mr. Cameron-We will discuss it with him, I do not see a problem with that. Counsel Hafner-And I will go thorough it again with that, with the ideas I am hearing from the Board. Supervisor Stec-All right, thank you, thank you all, thank you Chief. The public hearing is closed we have taken no action on that and that will be a subject for a resolution in the future. 2.0 PRIVILEGE OF THE FLOOR Mr. John Salvador-Spoke to the Board regarding the subdivision of land that was done at the West Glens Falls Fire Station No. 1 they are setting this up to sell building lots, they have conveyed 2.6 acres of land into the Fire Fighters Association. Noted the other two lots in the subdivision are currently landlocked, owned the by Fire Company and surrounded by the Fire Fighters Association. Supervisor Stec-It is a contract provision in the daft that to do anything with real estate by either entity they need Town Board approval. Mr. Salvador-This is not too much different than what went on up in Thurman. Questioned if a lot line adjustment can be done without Planning Board approval? Supervisor Stec-Are you saying that something criminal has occurred? Who are you accusing of a criminal act? Mr. Salvador-No one right now until it is established that a wrong doing was done. You cannot do it without an investigation. Mr. Bob Gilman-President of the Fire Company. The land that you are discussing was given by John Liapes from Newcomb Street. Supervisor Stec-We will look into the boundary line change.. . Counsel Hafner-It is a normal thing that usually doesn't require site plan for a boundary line adjustment where both parcels continue to remain in compliance with our Town Code. TOWN BOARD MEETING 02-02-2009 MTG. #5 530 Mr. Paul Naylor-15 Division Road What year did the Town take over the fire company or get involved with the fire company. Supervisor Stec-I don't remember Mr. Naylor-I think it was better when we did not belong to you guys, maybe that is what we should go back to. Glad you are back Tim. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING PAYMENTS UNDER CURRENT AGREEMENTS TO BAY RIDGE, NORTH QUEENSBURY, QUEENSBURY CENTRAL AND WEST GLENS FALLS VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 49, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town's agreements with the Fire Companies expired on December 31, 2008, and WHEREAS, in such Agreements the Town and Fire Companies agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No.: 16,2009, the Town Board authorized payment vouchers constituting 1/12th of the 2008 Contract Amount for January and February (not including Vehicle Fund) to the Fire Companies under the current Agreements, which payments constituted advance payments on the new fire protection services 2009 Agreements, and WHEREAS, the Town and the South Queensbury Volunteer Fire Company recently entered into a new one (1) year Agreement for fire protection services for 2009, and TOWN BOARD MEETING 02-02-2009 MTG. #5 531 WHEREAS, the Bay Ridge, North Queensbury, Queensbury Central and West Glens Falls Fire Companies may face cash flow shortages before their respective, new agreements can be executed and therefore the Town Board wishes to again authorize payments under the current Agreements, which after new agreements are entered into will constitute advance payments on the 2009 agreements to the Fire Companies, such advances to be deducted from contract payments to be paid after the 2009 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers constituting 1/12th of the respective 2008 Contract Amounts (not including Vehicle Fund) to the Bay Ridge, North Queensbury, Queensbury Central and West Glens Falls Volunteer Fire Companies under the current Agreements, which payments will constitute advance payments on the new fire protection services 2009 Agreements if such Agreements are entered into, and BE IT FURTHER, RESOLVED, that should new fire protection services 2009 Agreements not be entered into by March 31st, 2009, then the Town Board authorizes the Town Supervisor to approve additional payment vouchers constituting 1/12th of the respective 2008 Contract Amount (not including Vehicle Fund) to the Fire Companies during April, 2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreements and take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF AMENDED PURCHASING POLICY TOWN BOARD MEETING 02-02-2009 MTG. #5 532 RESOLUTION NO.: 50, 2009 INTRODUCED BY: Mr. Metivier, WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, The Town of Queensbury previously adopted a Town of Queensbury Purchasing Policy (Policy), and WHEREAS, the Town Board wishes to make certain revisions to such Policy and a proposed amended Policy is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the amended Town Purchasing Policy presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to distribute copies of such amended Purchasing Policy to all Town Department Managers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of February, 2009 by the following vote: AYES Mr. Strough, r. Brewer, Mr. Stec, Mr. Metivier, NOES None ABSENT : Mr. Montesi Discussion held before vote: Councilman Strough-requested change on page 6 number 8 change not to please note. RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 51, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION TOWN BOARD MEETING 02-02-2009 MTG. #5 SECONDED BY: Mr. Anthony Metivier 533 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: 2-Feb From To Code Appropriation Code Appropriation $ 004-5110-1020 Hwy O/T 004-5140-4009 Tree Removal $ 2,965 004-5130-4200 P&L Insurance 004-5140-4009 Tree Removal $ 764 004-5130-2020 Vehicles 004-5142-4641 Melting Agents $ 1,075 004-9030-8030 Social Security 004-5142-4641 Melting Agents $ 4,600 004-9040-8043 First Aid 004-5142-4641 Melting Agents $ 1,297 004-9055-8055 Disability 004-5142-4641 Melting Agents $ 660 004-9060-8062 Medicare Reimb 004-5142-4641 Melting Agents $ 1,627 004-9080-8080 Vacation Accrual 004-5142-4641 Melting Agents $ 6,000 004-9089-8089 Other Empl Benefits 004-5142-4641 Melting Agents $ 1,000 004-5130-1010 Wages 004-5142-4641 Melting Agents $ 3,030 004-1990-1010 Wage Contingency 004-5142-4641 Melting Agents $ 3,690 004-5130-4200 P&L Insurance 004-5142-4641 Melting Agents $ 300 004-5142-1001 Meal Tickets 004-5142-4641 Melting Agents $ 905 Duly adopted this 2"d day of February, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES None ABSENT: Mr. Montesi RESOLUTION ACCEPTING CORRECTIVE ACTION PLAN IN RESPONSE TO HEALTH CARE COSTS CONTAINMENT AUDIT RESOLUTION NO.: 52, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer TOWN BOARD MEETING 02-02-2009 MTG. #5 534 WHEREAS, the New York State Comptroller's Office recently completed Audit No.: PS-08-14 concerning the Town of Queensbury's efforts to contain health care costs, and WHEREAS, such Audit recommends that the Queensbury Town Board explore the cost savings potential of adopting Flexible Spending Arrangements in accordance with Internal Revenue Code § 125, and WHEREAS, in accordance with New York State General Municipal Law §35, the Town Board agrees with the recommendations of the audit and wishes to accept a Corrective Action Plan in response to such Audit and recommendation as set forth in the Town Supervisor's letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts a Corrective Action Plan in response to the New York State Comptroller's Office Audit No.: PS-08-14 as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT WITH VISION ENGINEERING, LLC FOR PROVISION OF ENGINEERING TECHNICAL SERVICES TO QUEENSBURY TOWN BOARD, PLANNING BOARD, ZONING BOARD OF APPEALS AND PLANNING DEPARTMENT RESOLUTION NO.: 53, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION TOWN BOARD MEETING 02-02-2009 MTG. #5 SECONDED BY: Mr. John Strough 535 WHEREAS, by Resolution No.: 43,2008, the Queensbury Town Board authorized the Town to enter into an Agreement with Vision Engineering, LLC for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and Community Development Department through December 31st, 2008, and WHEREAS, the Town Board wishes to enter into such an Agreement with Vision Engineering, LLC for the year 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Vision Engineering, LLC for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and Community Development Department through December 31St, 2009 as described in Vision Engineering's January 28, 2009 letter-form agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such agreement in form acceptable to the Town Supervisor, Code Compliance Officer/Zoning Administrator and Town Counsel, including changes requested by the Code Compliance Officer/Zoning Administrator in his a-mail to the Town Board dated February 2"d 2009, ~„>,~~.,,,~;.,n., ;,, ~>,o ~ ,-,,, r o o„~o,a .,~ ~i,;~ .,,oo~;,,,. and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as maybe determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and 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. Duly adopted this 2"d day of February, 2009, by the following vote: TOWN BOARD MEETING 02-02-2009 MTG. #5 AYES Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: Mr. Montesi 536 RESOLUTION CORRECTING TERM DATE FOR JOAN JENHIN, MEMBER OF THE TOWN OF QUEENSBURY'S BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 54.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 59,2006, the Queensbury Town Board reappointed Paul Davidson and Joan Jenkin to serve as members of the Queensbury Board of Assessment Review (BAR) with terms to expire September 30th, 2010 in accordance with New York State Real Property Tax Law §523, and WHEREAS, it has been determined that an error was made in the appointment of such members such that, the BAR is required by law to be set up so that each year one Member's term expires and instead, Mr. Davidson and Ms. Jenkin's terms both end at the same time (2010), and WHEREAS, the Town Board met and agreed upon an unbiased manner in which to resolve the error, and with the agreement of both Mr. Davidson and Ms. Jenkin, decided on a coin toss to determine which member would be assigned a term to expire in September 2012, and WHEREAS, on January 14th, 2009, the Town Clerk flipped a coin to make the determination, with the Town Supervisor, a reporter from the Post-Star, and an employee of the Town Assessor's Office, also present, and WHEREAS, the result of the coin toss is that Joan Jenkin's term will be amended to expire as of September 30th, 2012, and WHEREAS, the Town Board wishes to adopt a Resolution correcting Ms. Jenkin's term accordingly, NOW, THEREFORE, BE IT TOWN BOARD MEETING 02-02-2009 MTG. #5 537 RESOLVED, that the Queensbury Town Board, in accordance with the preambles of this Resolution and as provided by State Law, hereby corrects its term of Town of Queensbury Board of Assessment Review member Joan Jenkin, such term to expire September 30th, 2012 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Assessor to take any action necessary to devise a recordkeeping system so that it is clear in the future which membership terms are being filled, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Assessor and/or Town Supervisor to take any actions necessary to effectuate the terms of this Resolution, including Joan Jenkin's execution of any needed revised Oath of Office. Duly adopted this 2nd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES None ABSENT: Mr. Montesi RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF FEBRUARY 3~, 2009 RESOLUTION NO.: 55, 2009 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 presented as the Warrant with a run date of January 29th, 2009 and a payment date of February 3rd, 2009, NOW, THEREFORE, BE IT TOWN BOARD MEETING 02-02-2009 MTG. #5 538 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of January 29th, 2009 and payment date of February 3rd, 2009 totaling $439,906.81, 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. Duly adopted this 2nd day of February, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 56, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT TOWN BOARD MEETING 02-02-2009 MTG. #5 539 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., on Monday, February 23rd, 2009 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 2nd day of February, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES None ABSENT: Mr. Montesi Discussion held on before vote: Councilman Brewer-Questioned Exhibit A Restricted Vehicle/Capital Improvement/Future Vehicle Debt numbers increasing each year when items were to be spent from that.. . RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2009 TO ADOPT CHAPTER 146 OF THE TOWN CODE GOVERNING DISCHARGES INTO THE STORM SEWER SYSTEM AND TO AMEND STORMWATER MANAGEMENT PROVISIONS OF THE TOWN CODE RESOLUTION NO. 57, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2009 entitled, "A Local Law Adopting Storm Sewer System Regulations and Amending Stormwater Management Provisions of the Town Code" which Law is intended to establish Town storm sewer regulations and update the Town's stormwater regulations, as required by New York State, and TOWN BOARD MEETING 02-02-2009 MTG. #5 540 WHEREAS, adoption of this legislation is authorized in accordance with New York State Environmental Conservation Law and regulations and New York State Municipal Home Rule Law § 10 and New York State Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, February 23rd, 2009 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish, post and distribute a Notice of Public Hearing concerning proposed Local Law No. of 2009 in the manner provided by law. Duly adopted this 2nd day of February, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES None ABSENT: Mr. Montesi RESOLUTION APPOINTING CURRENT ALTERNATE DONALD KREBS AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 58, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and TOWN BOARD MEETING 02-02-2009 MTG. #5 541 WHEREAS, a Planning Board "regular member" vacancy exists and therefore the Town Board wishes to appoint current alternate member Donald Krebs to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Donald Krebs to serve as a regular member of the Queensbury Planning Board until his term expires on December 31st, 2015. Duly adopted this 2"d day of February, 2009, by the following vote: AYES Mr. Metivier, Mr. Brewer, Mr. Stec NOES Mr. Strough ABSENT: Mr. Montesi Discussion held before vote: Councilman Strough-In our workshop this came up as a discussion and was put on at the last minute but we discussed it and Tanya Bruno has put in her letter saying that she would like to serve another term. Her term came to termination on December 31St, and the Planning Board all the Planning Board unanimously those who moved on it unanimously said that they would like us as a Board to re-approve Tanya Bruno. Members of the community of course have expressed their appreciation for Tanya Bruno's efforts and she represents the community quite well and she brings expertise that few others can bring to the Board so we appreciate her being on the Planning Board. Other members of the Planning Board also appreciate that. We had that discussion and we decided that we would table it and we would discuss this attendance policy because that is one of the issues that came up is the attendance policy. Now neither the Town Board or the Planning Board has an attendance policy and if you want to point fingers like I said there are many members that you might not be very happy with their attendance records as well. But, we do not have a policy. As I also said there is finger pointing that could go around amongst other Board Members and other members of the community that some people do not prepare as well as other people and so forth. Some don't come as prepared as other people and some don't represent the community as well as other people but through all that Tanya Bruno seems to have risen above all that and by all standards and all opinions with maybe the exception of three members of this Board here, say that they value what Tanya Bruno brings to the table. So, we decided to table that and have a discussion on it and then all of a sudden tonight and I believe today I see the resolution. It was not added so that the public could see it was added or discussed about and voted on tonight it was added today at the very last minute. I think that is not transparent government I am asking there are members of the public and there are members of the Planning Board and probably the ZBA and other members of the community that would like to speak to this particular resolution. So, I think it is only fair and in accord with transparent government to publicize that this is going to be an item on the Board so that the members of the public have a chance to speak to it. Putting it on in the last minute doesn't give anybody any change to speak to this. I think it is wrong. 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS TOWN BOARD MEETING 02-02-2009 MTG. #5 542 Supervisor Stec-Welcomed Councilman Brewer back .. . Ward IV Councilman Brewer-It feels good to be back ...The only thing I have to report on is Michaels Drive they are about 50-60% done with the project, I did get a call from a constituent over there that his sump pump was going off every 19 seconds is not tied into the system yet but now it is up to 15-16 minutes so that is a vast improvement and he is not hookup yet, so can you imagine what will happen when he does. Ward III Councilman Strough- Re-advertise the fact that there will be a public meeting regarding remedies to the traffic congestion at the Exit 20 corridor-February 11th at 6:pm at the Ramada Inn near Exit 19 the public is welcome to attend. Ward I Councilman Metivier- I have nothing to report Supervisor Stec-Thanked TV8 and our sponsors for televising our meetings...we spoke about the fire companies tonight and I think it is appropriate to thank not only the five fire companies and the three rescue squads for the work that they do and all the donated labor and I am sure the donated labor if we added it up would be in the millions of dollars a year that taxpayers don't pay so we are appreciative of that. Now with that said the five of us have some due diligence to do with taxpayer money and we try to do that, I think we are very mindful of the value that the fire fighters donated time represents, but we also represent the taxpayers financial situation as vigorously as we can I think we have done a fair job of that over the years. The Town Board does appreciate what they do for the community. Thanked the Highway Dept. they have been doing a good job keeping up with things, now that they have caught back up with the sidewalks, they are looked at some equipment they probably will come and speak to the Town Board in the near future about their ideas for ways that they could better handle the sidewalks. I mentioned at the last Board meeting we have had two births in the last week in our Town Family and both boys so far and we are waiting for a third arrival here any day, so things happen in three's so we will let you know if the boys got the tri-fecta. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 59.2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 2"d. Day of February, 2009 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury