Loading...
2005-08-15 MTG38Regular Town Board Meeting 08-15-2005 MTG#38 REGULAR TOWN BOARD MEETING MTG#38 AUGUST 15TH, 2005 RES. 379-406 7:05 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS BUDGET OFFICER, JENNIFER SWITZER EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, MARILYN RYBA WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY WATER SUPERINTENDENT, BRUCE OSTRANDER DIRECTOR OF PARKS & RECREATION, HAROLD HANSEN DEPUTY WASTEWATER DIRECTOR, MICHAEL SHAW SENIOR PLANNER, STUART BAKER PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC-Opened meeting. PUBLIC HEARING PROPOSED AMENDMENT TO ORDINANCE #28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY OPENED NOTICE SHOWN 664 SUPERVISOR STEC-Anytime the Town looks to add stop signs and that's one of the things that the Town has in its control is the placement of a stop sign, we don't have control over speed limits on Town or County roads that's a DOT thing, but we do have control over placement of stop signs. Not to long ago, we had a public hearing for a similar situation to add stop signs on the corner of Pershing and Ashley that passed that has been made a part of the law the stop signs have been erected down in the Broadacres neighborhood. This is a similar kind of thing we had set the public hearing a couple weeks ago the intersection is 4th and Caroline. COUNCILMAN BREWER-So the fear is when the Exit 18 corridor construction begins it will be a more used road not that it is not used now. It is somewhat dangerous because you come up a hill and go straight for a short distance before you intersect this Caroline Street. My concern is that a constituent said as soon as this construction begins people are going to be avoiding Main Street. It was recommended quite a few years back by our now Highway Superintendent, we looked at it a couple of times and talked to Rick about it, I did anyways. I think it seems to be a Regular Town Board Meeting 08-15-2005 MTG#38 665 good idea and safety is the concern because when it starts getting used as a bypass road there is going to be more and more traffic so that is basically the reason for this. SUPERVISOR STEC-Anyways that is the purpose of the public hearing in a nutshell. Again, the public hearing is open so if there are any members of the public that would like to comment or ask any questions about making the corner of 4th Street and Caroline afour-way stop. Right now, it is a two-way stop in the Caroline direction there is no stop sign in the 4th Street direction, just raise your hand we will call on you and have you come to the microphone. Any comments from Town Board members? Anybody from the public at all? NO PUBLIC COMMENT SUPERVISOR STEC-I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION N0.379, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 -Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Caroline and Fourth Streets, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed Amendment to Ordinance No. 28 on August 15th, 2005 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting 08-15-2005 MTG#38 666 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk's Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE N0.28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: Stop sign(s) shall be erected to make afour-way intersection at the intersection of Caroline Street and Fourth Street. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with § 1683(a) of the Vehicle and Traffic Law HEARING SEWER VARIANCE -MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE' S MR & MRS. MCDONOUGH PRESENT SUPERVISOR STEC-For the public's benefit the Town Board is certainly aware. Last meeting we had a few of these that were very similar on the Route 9 corridor granting up to a two-year extension that is renewable for tying into the sewers this is the same kind of thing that we did last week for a couple other situations. THOMAS 7 MCDONOUGH, LAW OFFICE AT 1088 STATE RTE 9-My wife Marianne GrayCourt Motel 1082 State Rte 9. I submitted a various amount of material to you folks with respect to the estimates we got for trying to implement this. They range as you see from $52,000 to $88,000, we were quite taken back to say the least. I don't think it is ever going to get any cheaper to do what they want to do. It is an unusual setup with respect to the motel to the extent that the upper cottages are approximately three hundred feet from the closest sewer cap, which is down on Regular Town Board Meeting 08-15-2005 MTG#38 667 Route 9. It is two hundred some odd feet to the other side of the cottages. The expensive to go in, tear up the blacktop, and replace it is very expensive it almost gets to the gross value for a seasonal income for the amount of money that is involved and the amount of return to come back to support it just doesn't exist. SUPERVISOR STEC-Mr. Mc Donough, I'm sure you know this, I know the board knows this the second to last resolved the McDonoughs shall pay all charges due as if their properties were connected, which is standard and I'm sure you are fine with that. MR. MCDONOUGH-Have no problem with this the eighty eight thousand dollars on top of that. SUPERVISOR STEC-Financially you will pay as though you were connected and you are going to forego the $52,000 to $88,000 estimate to tie in you will pay as though you are part of it already. This is a two-year extension to August of 2007. It is renewable you can come back in a couple years and apply for another one unless something crazy changes in Town. The argument should likely be the same two years from now and probably be extended except the number will be higher. Any other questions from Town Board members? COUNCILMAN TURNER=That is a reasonable request. RESOLUTION APPROVING MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MC DONOUGH LAW OFFICE'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 -SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 380, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) applied to the Local Board of Health for avariance/waiver from § 136-44, as the McDonoughs requested an exemption from the Town's connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury's Route 9 Sewer District, as: connection with the lower Motel units must be constructed in a way to avoid destruction of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail excavation of over 500 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $52,500 to $88,000 - a financial hardship; current sewage disposal systems are in excellent working condition and are used two months per year at best so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only -not public; and the Law Office and Gift Shop separate from the Motel are open Regular Town Board Meeting 08-15-2005 MTG#38 668 by appointment and have no regular employees other than the owner and his daughter; all as more fully set delineated in the McDonough's July 25th, 2005 letter and application presented at this meeting, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver request on August 15th, 2005, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough dba GrayCourt Motel and Thomas 7. McDonough Law Office (the McDonoughs)'s application for a variance/waiver from Queensbury Town Code Chapter 136, § 136-44 "Connection to sewers required" and hereby grants the McDonoughs atwo-year extension of time or until August 15th 2007 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.'s: 296.9-1-8 and 296.9-1-9) to the Town of Queensbury's Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for avariance/waiver, and BE IT FURTHER, RESOLVED, that the McDonoughs shall pay all charges due as if their properties were connected to the Route 9 Sewer District, and BE IT FURTHER, Regular Town Board Meeting 08-15-2005 MTG#38 669 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005 by the following vote: AYES Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES :None ABSENT: None CORRESPONDENCE DEPUTY TOWN CLERK O'BRIEN-The following are on file in the Town Clerks Office. Town Clerk's Monthly Report for July. Community Developments Building & Codes Supervisor's Report for July. Report -Money Taken in for Brush at Ridge Road Landfill from 9/25/04 thru 8/9/05, Landfill Monthly Report from January 2, 2005 thru July 31st, 2005 on file. INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR COUNCILMAN BOOR-There are a couple of items tonight they could get emotional I'm hoping that we can all understand that we're all working towards the betterment of the community. Although, this resolution on its face may seem harsh, I would ask that everybody consider what its real objective is. Essentially, what I would be asking would be directing you Dan to ask immediately to have Warren County not send Resolution No. 439 to the State. Having said that, I want to make it clear that, I thought you did a very good job relaying the concerns that we should have as a Town as to why I don't think a Village is a good idea, I'm in agreement with you one hundred percent at this point. I think you could have gone further and maybe made the case that the Village really isn't good for the Village either, but it certainly was not the time or place to take that measure. The reason, I think this is important, as these folks have taken the time to take on this task there is a very clear process that takes place. I'm assuming that you are the only one that could have and I'm assuming that you reviewed the petitions and the fees and they are in order. SUPERVISOR STEC-We are still looking at them. I know the Clerk's Office has the petition right now. TOWN COUNSEL, HAFNER-The fee is correct. COUNCILMAN BOOR-Assuming there is not a flaw with it the process goes forward we set a public hearing. The point of this resolution is I don't want to make the public hearing inconsequential. There is a reason why we have public hearings it is so that those people bringing forth their concerns can directly convey them to us and at the same time we can say, well that's a great idea and I agree with you on this, but you know what have you thought about this. I think if we don't have a genuine interaction where both parties feel that they are involved and can have an impact I think it smacks in the face of democracy for lack of a better word. I just would like to think that we give them a fair shake that doesn't mean any of us are going to change our minds. I spoke with the Attorney this afternoon because one of the concerns I had was well if this doesn't come from the County level to the State at this point in time do we lose our ability to do this at a later date. Correct me, if I'm wrong, but we can do this even after a Village is formed. SUPERVISOR STEC-That's correct. COUNCILMAN BOOR-In fairness to everybody involved I would prefer that we have that held. The other thing is the Assembly is not even doing business right now. I just think it would send a message that we are going to take it seriously and we're not going through fast on it. SUPERVISOR STEC-Just to answer the one question that you had. The reason why, I didn't go further to argue the merits or the lack of merits or whatever the argument might be about inside the Regular Town Board Meeting 08-15-2005 MTG#38 670 Village is because actually Jennifer is working continually with the Comptrollers Office, the Office of Real Property Services at New York State. Looking through the law with Bob trying to come up with as many, answers to the questions, arguments, for or against, from a financial perspective of what those answers might be. The purpose certainly last Friday wasn't to argue or debate the merits of the Village per say as much as it was; I mean you have two questions at hand, as I see it. The impact within the would be Village good or bad for our residents within the Village. The argument of the residents outside of the would be Village that's a much easier thing to grasp at this point, which is what that resolution did that's why I didn't for farther with the argument. As to the timing they could call an emergency session tomorrow, it could last two weeks that could be it. You are right in all likelihood they may not meet again until January next year. You are right; I think it is probably very important for people to know this is not one of those things that would necessarily be grandfathered. The State could change the laws effective any time. I know that's one of the things there are some misconceptions out there as to is this an automatic thing or is this not an automatic thing. To answer some of the questions you raised I just wanted to provide that. COUNCILMAN BOOR-The other thing Dan is that there is a high likelihood that we could go through a public hearing with consequence. They may say you know what you convinced us we don't want to do this. I would hate to have legislation go up there and then the issue go away. We can always use it if there is no other alternative. I think to do it without letting them come forward and make their case does a disservice to the process that was put in place, I don't want to be a party. These are people in my Ward, but more importantly it affects the entire Town and I don't want to send that message that here is how we deal with things we don't like. We shut the door so that you don't get to come in and talk. COUNCILMAN STROUGH-In line with that, I didn't expect to do it now Roger brought it up and it does apply. I did tell you Dan that I talked to a couple North Queensbury residents this weekend a long conversation. I wrote up a little something and it does apply to the whole situation. I think that there is another way that we can handle this and come out in a better condition both as the Town and for North Queensbury residents. This might support what Roger was saying about proposing a resolution if I could read it now instead of with my discussions items. SUPERVISOR STEC-This would be Resolution No. 725 we can get into a discussion on the resolution... . COUNCILMAN STROUGH-Yeah, but it's at the end of the evening. SUPERVISOR STEC-It doesn't matter, read it, if you like. COUNCILMAN STROUGH-Thank you. North Queensbury residents are mad as hell and aren't going to take it anymore at least that's what they conveyed to me. After listening to some of their complaints, I have to agree there appears to be some substance to some of their concerns. I have only talked to a couple of North Queensbury residents, but would like to talk to others. I agree with Roger we should reach out to our northern residents and hear them out. Ipropose awell-publicized meeting at the North Queensbury Firehouse to listen to their concerns, respond to those concerns, and share some thoughts. I think the two resolutions tonight, 7.23, 7.24, that are being proposed today are inflammatory they only add fuel to the fire it will only pulverize the North Queensbury residents. It doesn't offer any solutions it only emotionalizes the situation cooler minds need to prevail at a time when reasonable and objective solutions should... I find it hard to believe that those angry at the Town are angry because of the excellent services that the Town currently offers its residents. I do not believe that they are angry at our Highway Department. I think Rick Missita, Mike Travis work very hard to maintain our roads. I don't think they are angry at our Planning Department. Marilyn Ryba, Stu Baker, Sue Bardin, George Hilton, the Planning Board, and others who provide our residents with environmental and development protections. I don't they are fuming because of our Parks and Recreation Department. Harry Hansen, Steve Covering and the Commission offers our kids basketball, flag football, soccer, swimming lessons, karate, canoeing, kayaking, softball, and many other forms of play and exercise. I don't think that are angry at our Town Court Judges. Tom McNally, and Mike Muller they deliver justice. I don't think they are dissatisfied with our Town Clerk, Darleen Dougher she really knows her stuff. I don't think they are annoyed with Mike Genier and the job he is doing supervising our Town Crematorium and Cemetery. The driving issue probably is not about how Craig Brown, Dave Hatin, Bruce Frank, and the ZBA help enforce our zoning code to enhance our home values protect us from Regular Town Board Meeting 08-15-2005 MTG#38 671 neighborhood encroachment and upgrade community aesthetics. They certainly aren't angry at Jim Coughlin who does a fine job managing our Transfer Stations or Joe Lombardi who does a fine job controlling animals. I've heard no complaints about Bob Keenan and our Information Technology Department so I assume they are doing a good job keeping our software running smoothly and our citizens well informed. Mike Shaw does a good job supervising Wastewater and so too, does Ralph Van Dusen and Bruce Ostrander in assuring quality drinking water. Few could replace Marilyn Van Dyke our Town Historian. Few could replace our Budget Officer, Jennifer Switzer. Some of our residents might have issues with our Comprehensive Land Use Plan and Zoning Code, but we just secured Saratoga Associates to help remedy some of those problems. From what I have been told, forming a Village would probably not reduce School or County taxes since there is no Town tax so that too will not change. However, I do know one of the burning issues is taxes. Is that an issue that we the Town Board can approve upon the answer is, yes. What could the Town Board do to insure lower taxes and thus achieve better rebates towards County taxes? I have a few suggestions. Develop along-term fiscally prudent program that includes the following. 1. Develop afive-year budget plan not just for the Town, but for all its component departments and funds. Identify and plan long-term strategies to keep budget costs at a minimum. Develop a program that plans maximizing revenues encourages new non-tax revenues and adds the growth of tax rebates. 2. Get an independent auditor's opinion on currently used internal controls over the Town and Town departmental financial reporting and compliance with the intent of seeking improved spending and cost control efficiencies in potential areas for increasing revenues. Search for areas where we can cut the cost of products and services and identify areas where we may improve internal controls over spending. 3. Actuate an internal mechanism that would trigger automatic five-year follow-ups to audit, such as utility audit. 4. Encourage even mandate that more costly spending proposals seek all potential grant and private funding sources to reduce the projects tax burden on Town taxpayers. 5. Encourage even mandate that departments that share a service they all use like cell phones bid out that service. 6. Increase user fees, department fees, license fees, permits where the taxpayers are currently subsidizing that product or service increase them to cover the real cost and take that tax burden away. 7. Boost our promotion of tourism in the Town retail offerings. A substantial portion of our sales tax revenue comes from non-Queensbury visitors. 8. Investigate lower cost for health care insurance protection options. 9. Investigate, now that we have the MUNIS Software whether our County procedures should shift towards a GASP 34 accounting principals to improve a budget analysis. 10. Lower water usage fees and reduce the water fund balance. 11. Review all of our fund balances and sweep excesses into the general fund to enhance the tax rebate. I `m also aware of one other burning issue. The charge that there are gross and substantial inequities in the recent reval. First, we should bring in a totally independent assessment firm to analyze the allegation let the truth fall where it may, if there are inequities remedy those. Are there other issues that is why we need a well publishized meeting at the North Queensbury Firehouse to share some thoughts, listen to North Queensbury residents concerns, respond to those concerns and we need to have that meeting ASAP, I think that is the better route right now. SUPERVISOR STEC-All that is going to happen. COUNCILMAN STROUGH-It should happen in an atmosphere that is not so inflammatory. I think those two resolutions either have parts in them or the resolution in total is inflammatory it is not needed today. SUPERVISOR STEC-7.24, that's the rebate John. It is the same resolution we voted on for four years, I don't understand how that's inflammatory in this stage of the game. COUNCILMAN STROUGH-In that rebate there are two clauses that you exclude the Village from getting any benefit from the rebate. I think that's inflammatory. I think we should just get rid of those. We will be giving some kind of a rebate we are going to come to an agreement on that today. I would appreciate it Supervisor Stec if we could eliminate 7.23 for today and amend 7.24. Then have our meeting with North Queensbury and see where that progresses, I'm hopeful that it will progress well. SUPERVISOR STEC-Tim do you have anything to say? COUNCILMAN BREWER-I don't understand why we should amend. Regular Town Board Meeting 08-15-2005 MTG#38 672 COUNCILMAN BOOR-You are right.. . COUNCILMAN BREWER-Let me finish. COUNCILMAN BOOR-But, go ahead. COUNCILMAN BREWER-I don't know why we should amend because there is no Village to begin with. The rebate is based on principal that we've talked about, that I've talked about with other board members for four years; I don't have a problem with it. To say that we're being inflammatory John I cannot comprehend that you've never said that until tonight. COUNCILMAN BOOR-Dan for a point of order I think this is all great discussion, but I would like to stay on track. I brought a resolution from the floor and we can debate these things when we get to those other ones. COUNCILMAN BREWER-That's fine. SUPERVISOR STEC-That's why I suggested then I let John read his statement. COUNCILMAN BOOR-I agree. My point is that I don't want to see this go to the State and then have us resolve this in a way that everybody is happy and then have this legislation go up there it makes us look bad. SUPERVISOR STEC-Understood. The only thing I want to point out and perhaps some Town Board members haven't thought of this although certainly there is an action that is pending in Queensbury that may have brought this to the County. Certainly all those County Supervisors are thinking about what's good for their Town. I know that some of them have the same concerns in their Towns that we do in ours. To say, that they voted on this purely because to do Queensbury a favor I think would probably be a little bit of a stretch. COUNCILMAN BOOR-Well, I attended the meeting at the County we probably came away with a little different take on that. It was clear to me that you intimated that you felt this you didn't say you had the votes, but you did intimate.... SUPERVISOR STEC-I felt that having based on conversation that I had and one that Tim reported it was clear to me.. . COUNCILMAN BREWER-That nobody had a problem with it. SUPERVISOR STEC-That nobody had a problem with it, I think, was the vote. COUNCILMAN BOOR-Truthfully I really don't want to get into the argument on this now, but I was never told that you were going to do this at the County level. We had discussed this at the Town Board level, but I had no idea until I read the paper that you were going to do this at the County level before the Town Board approved it. SUPERVISOR STEC-I think it was in an e-mail that I was going to be bringing it. I don't have my computer in front of me, but that's beside the point. COUNCILMAN BOOR-The point being, I think this is a serious enough issue where we should be talking about it. COUNCILMAN STROUGH-I also think.... SUPERVISOR STEC-Do you want to second his resolution. COUNCILMAN STROUGH-I'll second it. SUPERVISOR STEC-That will be 7.25. Regular Town Board Meeting 08-15-2005 MTG#38 673 COUNCILMAN BOOR-Please understand all the other rhetoric is not having anything to do with my resolution. Understand the implications if we send this and then they determine that they don't want to form a Village so please understand that. SUPERVISOR STEC-The County may yet want to go forward with the legislation regardless. COUNCILMAN BOOR-I think you did a pretty good job of what you did Dan. I'm not sure that we would be having this discussion if you hadn't done as good a job as you did. I don't think anybody else was concerned about this issue that was the take I had. COUNCILMAN BREWER-You know Roger.. . COUNCILMAN BOOR-I was there Tim. COUNCILMAN BREWER-I understand that. COUNCILMAN STROUGH-I just think that if we go that public meeting without that showing that we want to understand without being.... COUNCILMAN BREWER-I guess the confusion I have is why is it always this kind of stuff done at the eleventh hour? COUNCILMAN BOOR-Because we weren't told Tim. Tim, I didn't even know he was going to do this at the County level what do you mean the eleventh hour how about it's already after twelve.. COUNCILMAN BREWER-It is 7:27 right now. COUNCILMAN BOOR-Do you understand that Tim. COUNCILMAN BREWER-I didn't know anything about this resolution Roger I was home all weekend you could have called me. COUNCILMAN BOOR-I'm talking about the resolution at the County Tim. COUNCILMAN BREWER-When was it..... COUNCILMAN BOOR-It was done Friday. COUNCILMAN BREWER-Saturday, Sunday, all day today you could have called me and told me and I could have discussed it with you. COUNCILMAN BOOR-It was already passed at the County level. COUNCILMAN BREWER-What resolution are you talking about? COUNCILMAN BOOR-It was passed on Friday, Tim so what good does it do to talk about it on Saturday. COUNCILMAN BREWER-I understand that. I'm talking about your resolution Roger, communication. I don't have problem with you bring it up anytime you want. SUPERVISOR STEC-That was going to be voted on Friday appeared in the newspaper over a week before that after a committee meeting. I know that I sent an e-mail to everyone saying that we were heading towards this I know, I did. COUNCILMAN STROUGH-I didn't type this up until this afternoon Dan. SUPERVISOR STEC-That's fine. Anyways, Privilege of the Floor we can resume this later. COUNCILMAN BOOR-We're not going to vote on this. Regular Town Board Meeting 08-15-2005 MTG#38 COUNCILMAN BREWER-At the end like we always do. SUPERVISOR STEC-We vote on the resolutions at the end it is 7.25. COUNCILMAN BOOR-Is it seconded. SUPERVISOR STEC-John second it. COUNCILMAN BOOR-Thank you. PRIVILEGE OF THE FLOOR 674 JOHN MATTHEWS, NORTH QUEENSBURY RESIDENT, OWNS PROPERTIES IN MANY AREAS OF TOWN-Asked why they are restricted to so little regarding the tax rebate? Why does the Town have to keep such a large reserve? SUPERVISOR STEC-The Town according to County law if we are going to give a rebate we have to act on it before September 1st. This is the last regular meeting not to say that we couldn't vote in a workshop. The first time it came up, we proposed a million dollars it is driven by whatever three of us will vote yes, to. We have the opportunity to look at the financials they are public information everybody in the room has the opportunity to look at them. Jennifer and I spend a lot of time looking at them preparing the budget preparing a number for tonight or information for the board for a workshop. We're the foot solders as far as the day-to-day, gather the information give it to the board kind of thing. Depending on whose definition of surplus you use there are some available fund balance or unrestricted fund balance. You can get into some semantics as to what money should we consider available. Then the next question is how repeatable do you want it. Do you want to do a one-time shot? Do you want it to last for two years or twenty years? All those debates are the debates that have happened each of the last four years. The first year it didn't pass at all. The second year the million didn't pass, but a reduce amount three hundred and seventy five thousand passed. Last year a million passed. I was not present at the workshop last Monday night, but I did get the update from board members and staff members that were there as well as reading the Post Star article as far as what number. I imagine we are going to talk about a number here at some point tonight that number is easily changed. Again, we're limited to what we can get three votes for. In the past, I've indicated I would like to go higher. Then you are always going to get that it's not high enough, it's not responsible really, it's three out of five people whatever number they are comfortable with. Last year we did agree on a million dollars this year the resolution as it currently reads is for one and a quarter. Some of us might be comfortable going higher than that. Some of us that might be the highest we're comfortable going. That's the kind of discussion I think we're going to have later this evening. Again, our staff is here to answer any questions that we may have of staff as far as what the financial situation is, but that's why. Your point, I think you were making a point and I think your point is well taken. We should do as much as we can, but again with retaining our fiduciary responsibility to the Town to make sure that whatever decision we make tonight a year from now we are not regretting that we've done too much or too little. Knocking on doors, I know that people like the rebate we're going to do as much as we can and as much as three of us are willing to do. Who knows we may come up with a number tonight that all five of us are happy with. That won't mean that everyone in Town is going to be happy with it, but the five of us if we're going to do this we are going to need to agree on a number. DAVE KLEIN-Spoke to the board noting there may be some hope for democracy in Warren County. SUPERVISOR STEC-Democracy is alive and well in Warren County. PLINEY TUCKER-41 DIVISION ROAD, QUEENSBURY-Asked the status of the water front property on Hudson River with Niagara Mohawk. SUPERVISOR STEC-Bob Hafner has spoken with the Attorney that is working on the Title Insurance issue. Mr. Hafner sent a letter to Mr. O'Connor who did title work on these properties. TOWN COUNSEL, HAFNER-There are two parts to the next stage. One is getting draft documents from Niagara Mohawk. We got a draft deed for the parcel that you are talking about last Regular Town Board Meeting 08-15-2005 MTG#38 675 Friday; I have not had a chance to get that to Mr. O'Connor who is going to do the title work for the Town noting he will get this out to him in the next day or two. We have not received the deed for the other parcel, but that deed and information exists and is in one of their files, expecting the second shortly. The second part is not to just get the deed, but to get the title. When stage one was done I think you were sitting up here at that time we got the first parcel from Niagara Mohawk the person who did the research was Mike O'Connor. It is a very lengthily complicated title research we always recommend that the Town get title insurance before they purchase property because they want to make sure title is good. It will be a lot quicker to have him do the search again, we have asked him to do. Talked to him today noting he will get to this fairly soon. When we get the title report and second deed, we are very close. MR. TUCKER-Questioned if Counsel has had a chance to look at the deed? TOWN COUNSEL, HAFNER-I did look at it. MR. TUCKER-How much land is involved? TOWN COUNSEL, HAFNER-Five acres. MR. TUCKER-Spoke to the board regarding the log cabin that is on the property noting he went to the Assessor's Office to do research. The log cabin is leased to a man in California it was leased in 1976, does not know how it is involved in the piece of land. Our records in the Town Assessors Office does not show any land with that building. The building is assessed for sixty four thousand dollars and there is no land involved. TOWN COUNSEL, HAFNER-Has spoken with Helen noting she believes that the cabin is not on the parcel that we are going to get. Last Friday we received the proposed deed will contact Helen regarding this to see if this is beyond the bounds of the parcels that we are going to get. MR. TUCKER-Questioned if Counsel has had conversations with the Attorney for Niagara Mohawk? TOWN COUNSEL, HAFNER-We have only traded voice mail messages in the last two weeks. have talked to him several times, but most recently, I have talked to him just over two weeks ago. MR. TUCKER-Asked if Counsel would find out what his opinion is on the log cabin. TOWN COUNSEL, HAFNER-Would be glad to ask him if he knows if the log cabin is on the parcel, we are getting if Town Board agrees. TOWN BOARD-Yes. MR. TUCKER-Spoke to the board regarding Crandall Library the Attorney mentioned that there is something in the law that a lease would be legal. TOWN COUNSEL, HAFNER-If the lease is long enough based on the term of the lease. MR. TUCKER-Requested a copy of what he has found. TOWN COUNSEL, HAFNER-I could pull that out noting he did the research when Mr. Tucker was on the board. SUPERVISOR STEC-Asked Counsel to give him an answer regarding this information if it would be okay to distribute. FRED HARDT, ASSEMBLY POINT-Spoke to the board regarding the Village noting he is one hundred percent behind the Village option. Is a likely candidate that the outrageous tax increase they are facing that it will drive him out of his home. Asked the board what does he get noting has lived in his house for forty years does not want to be driven out of his home due to taxes. We need a change in the structure of the tax system why should people in Assembly Point and Cleverdale Regular Town Board Meeting 08-15-2005 MTG#38 676 pay fifty percent of the Lake George School District budget. Asked the board to come up with something to help them. RICHARD MERRILL, 6 SUNSET TRAIL, NORTH QUEENSBURY-Has spoken with a lot of people recently noting he is not a lakeside resident has a lot of friends and long time associates that live there are some definite hardship cases, concerned that they are in a rush to judgment. There has been a basic breakdown in communication they do not feel represented. They do not feel that they have adequate representation in the Town of Queensbury this is part of the reason behind the move for a Village. It is more than taxes that is what has brought it to a head. There is no easy solution need to give some thought to this and we need to listen to the concerns. It is not just Lake George we also have Glen Lake a similar situation. Assemblywoman Sayward is working on alternatives to a school tax noting she held a good meeting last week it is a long haul. Senator Little is aware of this she acknowledges there is no easy solution to it. The suggestion of a community meeting there should be more of this on a regular basis. The Lake George community is a community upon itself with unique problems, unique situations. JOHN SALVADOR-Asked what is taking so long to review the petitions regarding the Village? SUPERVISOR STEC-We are on a time line we will have the required meetings noting he has answers to those questions later in the meeting. MR. SALVADOR-Do you have a date when you think the petitions.. . SUPERVISOR STEC-Will get to that this evening. MR. SALVADOR-Spoke to the board noting they are in a process that has been authorized by the New York State Legislature the process allows us to petition our government. (Read into record) Read the preamble of the New York State Constitution into record. Read Section, 9 of the Bill of Rights into the record. The resolution before the County represents an unwarranted intervention in this process. This could become a ballot proposition which you are not allowed to influence the outcome noting they is what you are attempting to do it is illegal all we want is the Town to protect our rights. Spoke to the board regarding Crandall Library. Read article in paper regarding they are proposing an eighteen plus million dollar expansion. Out of this expansion, we are going to get twenty six thousand additional square feet of library space this equates to about seven hundred dollars a square foot. We have been accused of building taj majhals for firehouses the one in North Queensbury only cost a little over a hundred dollars a square foot. There is still the question of adequate parking noting they need to question the need and the magnitude of the expenditure. Spoke to the board regarding the report they are suppose to get every first of the year from the library telling them the number of cardholders from each municipality, asked if this has been done. Spoke to the board regarding the Resolution Appointing Executive Director of Community Development to Serve as Zoning Administrator during Zoning Administrator's Absence, questioned the need for this resolution. SUPERVISOR STEC-It is in accordance with the Town Code it is to cover vacation. DONALD SIPP, COURTHOUSE DRIVE, QUEENSBURY-Spoke to the board regarding his application for the position of alternate on the Town Planning Board that was submitted May 4th the deadline was May 13th. Questioned if there has been action on this application? Any action on the filling of the seat on the Planning Board and what is their proper procedure now for filling this seat. SUPERVISOR STEC-The Town Board has not filled the vacancy we have not taken any action to fill any vacancy on the Planning Board since your letter. MR. SIPP-Asked if there is going to be another public notice for applications to be accepted. SUPERVISOR STEC-Yes, it was in the paper over the weekend also advertised for a Zoning Board alternate. MR. SIPP-You had an opening you had an application and you took no action? SUPERVISOR STEC-We have a vacancy that we need to fill. Regular Town Board Meeting 08-15-2005 MTG#38 MR. SIPP-You had an opening in May and you took no action from the application? SUPERVISOR STEC-That's correct. MR. SIPP-Asked why? SUPERVISOR STEC-Have not taken action they will be filling the vacancy. COUNCILMAN BOOR-We did have a vote on it not in an open meeting. COUNCILMAN BREWER-We didn't have a vote. 677 COUNCILMAN BOOR-A decision was made the board was polled sorry to say Don you didn't get three votes. MR. SIPP-Spoke to the board regarding the library noting he disagrees with Mr. Salvador. They are paying seven hundred dollars a square foot they are also replacing a heating system, cooling system, updating their computer setup, does not think it is eighteen million if you examine the figures correctly it is more like twelve million. COUNCILMAN BREWER-We are also paying for a library to be displaced while the construction is going on and removed back to the building. MR. SIPP-It is not all in the seven hundred dollars a square foot. Traveled to the library and have never been unable to find a place to park If any Town area needs something to boost its image, it is a good library. The proposition that will be brought before the voters needs to be passed if it isn't you are going to see one building just dissolve in utter ciaos because of the lack of proper heat, water system, and ventilation. JOHN HODGKINS, ASSEMBLY POINT-Spoke to the board regarding reasons for a substantial rebate from the Town Board this year. Looking at the history of what has happen this pass year we have had a large reassessment increase in the values of all Queensbury quite a bit more than we are established by equalization rates in previous years. What comes with this is we have to pick up a great deal of County taxes because we get reapportioned from the other Town's. We are going to pick up a County tax increase of close to one point eight million. School tax in the district that I live in is going to be pushing one and a half to two million-dollar increase. New found revenue there is an advantage of increase value in that sales tax revenue is going to come to us. We have established the budget noting they are doing a fine job of trying to knock down budget numbers do more if you can. We have the advantage of picking up new revenue according to Mr. Caimano it can be as high as one point six million dollars. COUNCILMAN BREWER-Asked what would that revenue be? MR. HODGINS-It would be sales tax revenue that we are picking up because of our value of our property. We have an excessively large surplus seven point eight million dollars that's just from the general fund. We have surplus in all the special funds that will protect those special funds noting there is no need to a big bubble of cash sitting in the general fund. The surplus has grown over the last eight or nine years as you have stated and the growth is over ten percent a year. We are being taxed ten percent more than we need to be for that period. That is the average parcel the average parcel you have an accumulated surplus of two hundred and twenty thousand that is fifteen hundred dollars sitting in the bank that belongs to someone else. Believes that the citizens of the community are better apt to invest that money for themselves and use it for themselves proposed a two point eight million dollar rebate. COUNCILMAN BREWER-Agreed with almost everything said noted he has supported the rebate since the first conversation of it. If we over exceed what we should do the short-term effect will be great, but the long-term effect will not be. Proposed that they find a number we can do more than one year in a row so that we have a positive affect. MR. HODGINS-Proposed a two point eight million dollar rebate. Regular Town Board Meeting 08-15-2005 MTG#38 678 JOHN T. BROTHERS, 12 FALL TIMBERS ROAD, LAKE GEORGE, TOWN OF QUEENSBURY-Asked Supervisor Stec how much the four-lane highway between here and Quaker Road cost? SUPERVISOR STEC-The paving on Bay Road it is a County road not a Town road could not tell you. MR. BROTHERS-Spoke to the board regarding consistency and fairness regarding the new assessments noting the Governor's hometown has a ten percent rate as compared to the hundred percent of assessed value. Questioned if Chair of the Assessment Review Committee received a reduction in his assessment? Asked if they are living in 2005 or 1933, are we living in Queensbury or are we living in Munich. TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Received a phone call from Richard Schermerhorn along with many other calls this afternoon. Mr. Schermerhorn asked if the Town Board wants to sit down and discuss possibly putting in a truck line between Bay Road and his development off Haviland noting he is willing to chip in if we could make the line a little bit bigger. COUNCILMAN BREWER-We are not paying for that line. He would have to talk to whoever is putting in that line. SUPERVISOR STEC-He needs to talk to the Michaels Group. COUNCILMAN STROUGH-I said that is certainly something we would sit down and talk about. COUNCILMAN BREWER-Received a letter today about a developer who wants to bring the sewer up to Bay and Haviland via Bay Road. SUPERVISOR STEC-They are going to do a study. COUNCILMAN BREWER-The letter indicates if they do the study and it is feasible they want to do construction in 2005. COUNCILMAN STROUGH-Spoke to the board regarding main the street utilities. SUPERVISOR STEC-To hold a Workshop on underground utilities/attorney client privilege a week from tonight to talk about the situation with Niagara Mohawk. COUNCILMAN STROUGH-There seems to be confusion between the County and some of the utilities as to who develops the plan. SUPERVISOR STEC-The County is more in the loop than you think they are noting Monday night many of those questions will be answered. COUNCILMAN STROUGH-Thanked Supervisor Stec for sharing the letter with him from Aaron Frankenfeld, Transportation Planning Director noting the Aviation Road corridor will be included in a Planning study. SUPERVISOR STEC-We will stay on top of that. COUNCILMAN STROUGH- Spoke to the board regarding the County proposal for the bike path along West Mountain Road. Received phone calls from residents concerned with the County taking their property. COUNCILMAN BREWER-Also has received calls. They are not going to take six feet of anybody's property the bike path is going to be five feet wide. COUNCILMAN STROUGH-There needs to be a public hearing. Regular Town Board Meeting 08-15-2005 MTG#38 COUNCILMAN BREWER-Agreed. 679 COUNCILMAN STROUGH-Some of the people who were not noticed are people that live on the corner. SUPERVISOR STEC-The County did table that vote and that discussion. If the perception is that, we haven't had enough public information meetings we need to have more and do a better job making sure that we have a better mailing list and we're going to do that. The stretch they are looking at doing this year although the overall vision was to try to do the entire length of West Mountain and Corinth Road over the next three or four years on West Mountain Road from Aviation Road to Peggy Ann Road. There are many parcels between there and the County calculated that according to where the property lines are from the survey that out of all of those parcels they would need an easement from sixteen people. They have contacted those sixteen and of those sixteen, two of those sixteen they indicated a willingness to refuse. We think if we did a better job and look at the design you might be able to satisfy most people. COUNCILMAN STROUGH-You might be able to eliminate a lot of this by having a public hearing. If you repaved it and made the surface area better re-stripped it and repaved it thinks you have your acceptable bicycle and pedestrian lane without doing any imminent domain. SUPERVISOR STEC-The County Attorney strongly encouraged the planners of this path to build to the standard the standard is four to six. It was engineered and the discussions were based on six feet wide. The other thing that came out at the public hearing is most of the comments were centered on the vehicle safety on that road. We put the stop sign in at the corner with Mountain View Lane. The County has the authority to control where the stop signs go they have the authority to control where the stripping goes, I think they are going to make some more no passing lanes. It needs the State DOT approval to get the speed limit lower. Spoke with DOT is hopeful that they will reduce the speed limit on West Mountain Road. COUNCILMAN STROUGH-If we put in a proposal to reduce the speed limit to something a little safer than 50 plus M.P.H., forty would be better and then put our bike trial in that is putting the cart after the horse. We are going to get awell-publicized, well-notified public hearing on the proposed project. We are all in favor of that we just want to make sure we do it right, safely, and make sure all the public who is affected get involved in the process. COUNCILMAN TURNER-Spoke to the board regarding the sidewalks on Fort Amherst Road. A. J. Catalfamo Construction Company needs until October 31, to complete the project because we did not award the bid for sixty-seven days they are working now noting they are close to North Road. COUNCILMAN BOOR-Spoke to the board regarding Oneida Grange encouraged people who live in the area to join. Spoke with Bob Hunts, President of Sunnyside Lake Association noting they would like to move forward setting up a taxing district for water quality issues. Received phone call regarding the stretch of Rte 149 between Bay and Road this is where all the construction stopped years ago when they did the improvements from Rte 149 to Bay. Asked Marilyn Ryba to look into when they might resume this project. Spoke to the board Seeyle Road and drainage issues. There are some serious impacts regarding sedimentation noting there is four hundred and fifty thousand dollars for Ward One sitting in a fund just for drainage issues. SUPERVISOR STEC-Met with Chris he pointed out Seeyle Road, Holiday Point, there are three issues. Recommended he contact Dave Wick, Warren County Soil and Water thought the Town Board would be supportive in fixing these things. They will talk about this first and then schedule a Workshop. Thanked TV 8 and Glens Falls National Bank for their work in sponsoring the Town Board Meetings noted to his knowledge Queensbury is the only Town in the region that televising any of the municipal meetings also mentioned the Towns website www.queensbury.net. Thanked some of the veterans and Parks and Recreation, Harry Hansen and staff for the work they have been doing at Hovey Pond this summer. The Recreation Commission recently adopted a Master Plan going forward for Hovey Pond. One of the things that were to be accomplished was a Veteran Memorial. At the gate of Hovey Pond, there is a large granite stone that the Veterans donated we provided the real estate for them to put it on. There will sometime in the future a dedication Regular Town Board Meeting 08-15-2005 MTG#38 680 ceremony at an appropriate time. Spoke to the board regarding a meeting held on August 10tH regarding a statewide series of listening sessions to hear alternatives to school property taxes. RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY, QUEENSBURY UNION FREE SCHOOL DISTRICT AND QUEENSBURY LAND CONSERVANCY FOR CREATION AND MAINTENANCE OF UNIFIED TRAIL SYSTEM RESOLUTION N0.381, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury (Town), Queensbury Union Free School District (School) and Queensbury Land Conservancy (Conservancy) have negotiated terms and wish to enter into an Agreement concerning the Conservancy's proposal to construct and maintain a unified trail system for non-motorized recreation, which will connect trails to the District's existing Sk trail, on parcels of land owned by the Town and School, and WHEREAS, the Town Recreation Commission is in favor of such Agreement, and WHEREAS, a proposed Agreement agreeable to the parties has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement between the Town of Queensbury (Town), Queensbury Union Free School District (School) and Queensbury Land Conservancy (Conservancy) concerning the Conservancy's construction and maintenance of a unified trail system on parcels of land owned by the Town and School substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005 by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Regular Town Board Meeting 08-15-2005 MTG#38 NOES :None ABSENT: None 681 RESOLUTION AUTHORIZING MEDICAL ARTS BUILDING OWNED BY DR.'S GUIDO AND PROVOST TO HOOK-UP TO CITY OF GLENS FALLS SANITARY SEWER MAIN RESOLUTION NO.: 382, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Dr. Michael Guido and Dr. Douglas Provost (doctors) have requested Queensbury Town Board authorization to connect their new medical arts building located on South Western Avenue (Tax Map No.'s: 309.7-1-55, 56, 57, 62 and 63) and transmit wastewater to the City of Glens Falls Sanitary Sewer System, and WHEREAS, the City of Glens Falls has verbally agreed to permit such a connection provided that the Queensbury Town Board approves the connection, and WHEREAS, the City of Glens Falls will bill the doctors directly for such services, and WHEREAS, the doctors agree that they will hook-up to a sewer district in the event that the Town of Queensbury establishes a sewer district which would include such properties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Dr. Michael Guido and Dr. Douglas Provost to hook-up their new medical arts building located on South Western Avenue (Tax Map No.'s: 309.7-1-55, 56, 57, 62 and 63) to the City of Glens Falls sewerage facilities with the understanding that they will hook-up to a sewer district in the event that the Town of Queensbury establishes a sewer district which would include such properties, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Deputy Wastewater Director to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: Regular Town Board Meeting 08-15-2005 MTG#38 682 AYES Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES :None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CENTRAL VOLUNTEER FH2E COMPANY, INC.'S PROPOSAL TO PURCHASE TOWER TRUCK RESOLUTION NO.: 383, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to replace its 1989 tower truck with a new 134' Tower Truck for a sum not to exceed $1,039,000, such purchase already included in the scheduled Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the Tower Truck by financing the truck with atax-exempt loan over the estimated useful life of the Truck (15 years) at a rate to be determined, and WHEREAS, the Town Board feels that this new Tower Truck will provide additional, improved safety protection for the Town, and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's proposed Tower Truck purchase and tax-exempt financing, which requires such a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT Regular Town Board Meeting 08-15-2005 MTG#38 683 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed purchase of a 134' Tower Truck by the Queensbury Central Volunteer Fire Company, Inc., and the financing of this purchase by the Fire Company using tax-exempt financing, on Monday, September 12th, 2005 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 15th day of August, 2005, by the following vote: AYES Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES :None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF JIM GIRARD LANDSCAPE MAINTENANCE CORPORATION FOR MOWING WORK AT TOWN LANDFILL ON RIDGE ROAD FOR YEARS 2006-2008 RESOLUTION NO.: 384, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Solid Waste Facilities Operator has advised the Town Board that it is necessary to arrange for mowing of the approximately 36-40 acres of grass at the Town Landfill on Ridge Road for the years 2006 through 2008, and WHEREAS, the Solid Waste Facilities Operator has received a proposal for the mowing work from Jim Girard Landscape Maintenance Corporation (Girard) and has recommended that the Town Board authorize Girard to perform the mowing work for an amount not to exceed $2,650 for the year 2006, not to exceed $2,835.50 for the year 2007 and not to exceed $3,033.99 for the year 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Tim Girard Landscape Maintenance Corporation for the mowing work at the Town Landfill on Ridge Road for an amount not to exceed $2,650 for the year 2006, not to exceed Regular Town Board Meeting 08-15-2005 MTG#38 684 $2,835.50 for the year 2007 and not to exceed $3,033.99 for the year 2008, to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Solid Waste Facilities Operator to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR WATER MAIN REPLACEMENT PROJECT IN MEADOW LANE AREA RESOLUTION NO.: 385, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No. 101, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. for engineering and survey services concerning the replacement of water mains on Meadow Lane, Meadow Drive and Meadow View Road in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 349,2005, the Town Board authorized such Project, and WHEREAS, C.T. Male has prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No. 349,2005, such work to include, among other things, installation of 5,900 LF of 8-inch water main along with 54 copper services in the Meadow Lane Area, fire hydrants, valves, bedding, backfill, pavement and lawn restoration, with the existing water main to be kept in service until the services are moved to the new main, and such project requiring that the Meadow Lane water main be installed, tested and placed in service along with water services and restoration by the end of 2005, and WHEREAS, General Municipal Law § 103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, Regular Town Board Meeting 08-15-2005 MTG#38 NOW, THEREFORE, BE IT 685 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent and/or C.T. Male Associates, P.C., to post and publish an advertisement for bids to be prepared by C.T. Male Associates, P.C., for the Meadow Lane Water Main Replacement Project and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES :None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ELECTRICAL TRANSFORMER FOR HIGH LIFT PUMP AT WATER DEPARTMENT RESOLUTION NO.: 386, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, the Town's Water Superintendent has advised that an electrical transformer for one of the Town's high lift water pumps has failed and the transformer must be replaced in order to use the water pump, and WHEREAS, the cost of a new electrical transformer, to be purchased from the original supplier, will cost approximately $27,000, including installation, NOW, THEREFORE, BE IT Regular Town Board Meeting 08-15-2005 MTG#38 686 RESOLVED, that the Queensbury Town Board hereby determines that the purchase of a new electrical transformer for one of the Town's high lift water pumps is an emergency purchase needed to provide water to the Town's residents and certain neighboring municipalities and such purchase should be made as soon as possible, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and authorizes the electrical transformer purchase as delineated in this Resolution in an amount not to exceed $27,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment be made through the transfer of $27,000 in funds from Capital Construction Account No.: 40-8340-2899 to Plant Maintenance Account No.: 40-8320-4350, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2005 Town Budget, transfer funds and/or take any action necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Deputy Water Superintendent and/or Budget Officer to take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES :None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF TIME IN WHICH TO COMPLETE DESIGN AND CONSTRUCTION OF CURBS AND SIDEWALKS ON NORTH SIDE OF FORT AMHERST ROAD AND SIDEWALK REPAIRS IN BROADACRES NEIGHBORHOOD RESOLUTION NO.: 387, 2005 INTRODUCED BY: Mr. John Strough Regular Town Board Meeting 08-15-2005 MTG#38 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 687 WHEREAS, by Resolution No.: 348,2005, the Queensbury Town Board authorized establishment of the Design and Construction of Curbs and Sidewalks on Fort Amherst Road and Sidewalk Repairs in Broadacres Neighborhood Capital Project (Project) and authorized and awarded the bid for the Project to the lowest responsible bidder, A.J. Catalfamo Construction Company, Inc., (Catalfamo) and WHEREAS, the Town Board authorized the request of Project bids and received such Project bids in May, 2005, but did not award the bid until July 25th, 2005, and WHEREAS, the Purchasing Agent has advised that the original Project completion date set forth in the bid documents is September 30th, 2005 but as the Town Board did not award the bid within 45 days of bid opening and instead awarded the bid 67 days after bid submission, Catalfamo has requested a one month extension of time or until October 31st, 2005, to complete the Project as delineated in Catalfamo's July 29th letter presented at this meeting, and WHEREAS, the Town Board finds Catalfamo's request reasonable and justified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one month extension of time or until October 31st, 2005, to A.J. Catalfamo Construction Company, Inc., (Catalfamo) to complete the Project described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Purchasing Agent to forward a certified copy of this Resolution to Catalfamo advising of this time extension, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent and/or Highway Superintendent to execute any documentation and take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES :None Regular Town Board Meeting 08-15-2005 MTG#38 ABSENT: None 688 RESOLUTION AUTHORIZING HAROLD HANSEN TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 388, 2005 INTRODUCED BY: Mr Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Harold Hansen, the Town's Director of Parks and Recreation, has requested Town Board authorization to carry over five (5) days of unused vacation time beyond his July 31st, 2005 employment anniversary date, and WHEREAS, the Town Board wishes to approve such request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Harold Hansen to carry over five (5) days of vacation time, such time to be utilized by September 30th, 2005. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES :None ABSENT : None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORER IN DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. :389, 2005 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Town Facilities Manager has requested Town Board authorization to hire a temporary Laborer to work in the Building and Grounds Department, NOW, THEREFORE, BE IT Regular Town Board Meeting 08-15-2005 MTG#38 689 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of a temporary Laborer to work in the Building and Grounds Department until such time as the Department's current grievance issue is resolved by arbitration, and BE IT FURTHER, RESOLVED, that such temporary Laborer shall be paid $13.85 hourly in accordance with the effective Agreement between the Town of Queensbury and its unit of CSEA, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None RESOLUTION APPOINTING MARGARET QUINTAL AS COURT CLERK TO SERVE NEEDS OF COURT RESOLUTION NO. 390, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: 1. Court Clerk to Justice Michael Muller; 2. Court Clerk to Justice Robert McNally; 3. Court Clerk (to serve needs of Court); and 4. Deputy Court Clerk; WHEREAS, by Resolution No. 9, 2005, the Town Board confirmed such appointments for the year 2005, and Regular Town Board Meeting 08-15-2005 MTG#38 690 WHEREAS, Yvonne Lashway, Court Clerk to serve needs of the Court, recently submitted her resignation and therefore the Town Justices wish to appoint current Deputy Town Court Clerk Margaret Quintal to the now vacant position of Court Clerk to serve needs of the Court, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Margaret Quintal as Court Clerk to serve needs of the Court, a Grade 5 Non-Union position on the Town of Queensbury's Salary Structure for 2005, at the annual salary of $26,879, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Justices and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES :None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TOWN MAPS RESOLUTION NO.: 391, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York State bidding limits, and WHEREAS, by prior Resolution the Town Board amended the 2005 Town Budget to provide for the Town's receipt of 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 08-15-2005 MTG#38 691 WHEREAS, the Town Board wishes to purchase 5,000 copies of the Town Map and a color proof of such Map from William & Heintz Map Corp. in the amount of $8,370, with occupancy tax revenues received from Warren County, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase of 5,000 copies of the Town Map and a color proof of such Map from William & Heintz Map Corp., in an amount not to exceed the sum of $8,370, with occupancy tax revenues the Town received from Warren County, to be paid for from Account No.: 001-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Accounting Office to take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES :None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5074 IN CONNECTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 392_, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and WHEREAS, a single family property, Case File No.: 5074, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and Regular Town Board Meeting 08-15-2005 MTG#38 692 WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty five thousand eight hundred fifty dollars ($25,850), and WHEREAS, the owner is eligible to receive up to $5,000 in a deferred loan through the Town Housing Rehabilitation Program by separate loan Resolution, and WHEREAS, the property owner has agreed to contribute eight hundred fifty dollars ($850) towards the cost of the project, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 5074 in the Town of Queensbury, New York in the amount not to exceed twenty thousand dollars ($20,000) and authorizes and directs either the Town Supervisor or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as maybe necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES :None AB SENT:None RESOLUTION APPROVING HOUSING REHABILITATION LOAN IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 393, 2005 INTRODUCED BY: Mr. Tim Brewer Regular Town Board Meeting 08-15-2005 MTG#38 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 693 WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property, Case File #5074, has been determined to be eligible for a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such a loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is twenty five thousand eight hundred fifty dollars ($25,850), and WHEREAS, the property has been approved for a grant for twenty thousand dollars ($20,000) through the Housing Rehabilitation Program, and WHEREAS, the property owner has agreed to contribute eight hundred fifty dollars ($850) towards the cost of the project, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving this deferred loan, and WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be recorded with the Warren County Clerk's Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby approves a rehabilitation loan for Case File #5074 in an amount not to exceed five thousand dollars ($5,000) and hereby authorizes and directs either the Town Supervisor or Executive Director of Community Regular Town Board Meeting 08-15-2005 MTG#38 694 Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES: None AB SENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF SARATOGA ASSOCIATES LANDSCAPE ARCHITECTS, ARCHITECTS, ENGINEERS AND PLANNERS, P.C. TO UPDATE TOWN OF QUEENSBURY COMPREHENSIVE LAND USE PLAN, ZONING AND SUBDIVISION REGULATIONS RESOLUTION NO.: 394, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by adoption of Resolution 426,2004 the Queensbury Town Board created and appointed members to the Planning Ordinance Review Committee (PORC) and directed the PORC to review and address inconsistencies and problems known to be at issue in the Town's Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and WHEREAS, on May 19th, 2005 the PORC adopted a Resolution recommending the hiring of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. (Saratoga Associates) to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, by Resolution No. 295, 2005, the Town Board authorized establishment of the 2005 - 2006 Professional Planning Services Project which established $130,000 in funding for expenses associated with the Project, and WHEREAS, the Town's Senior Planner worked with a Contract Committee and Town Counsel in drafting and negotiating the proposed Agreement, and WHEREAS, Saratoga Associates has agreed to the proposed Agreement language and fee, and Regular Town Board Meeting 08-15-2005 MTG#38 695 WHEREAS, the Town's Senior Planner has presented the Town Board with the proposed Professional Services Agreement from Saratoga Associates and the Town Board wishes to authorize such Agreement as it is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Saratoga Associates Landscape Architects, Architects, Engineers, and Planners, P.C. to prepare an update to the Town's Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan as delineated in Saratoga Associate's Professional Services Agreement presented at this meeting for an amount not to exceed $127,612, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Consultant Fees Account No.: 148-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Professional Services Agreement and any other documentation related to this project and further authorizes and directs the Town Supervisor, Executive Director of Community Development, Senior Planner and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED INCREASE IN EXIT 18 CORRIDOR REALIGNMENT CAPITAL PROJECT RESOLUTION NO.: 395, 2005 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board adopted the Year 2005 Capital Improvement Plan (CIP) for the Town of Queensbury, which CIP included the Town's proposed 2005 prioritized short and long-term Capital Projects, and Regular Town Board Meeting 08-15-2005 MTG#38 696 WHEREAS, by Resolution No.: 482,2000, the Town Board authorized creation of the Exit 18 Corridor Realignment Project Capital Project Fund # 126 and transferred into such Fund $100,000 from the 2000 General Fund Budget and by Resolution 251,2001 the Town Board authorized the transfer of $70,000 from Queensbury Water Fund #40, General Fund and the Contingency Account, and WHEREAS, the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Account in the amount of $85,960 for additional services provided by Barton & Loguidice, P.C., Niagara Mohawk, Chazen Engineering & Land Surveying, P.C. that have been approved by previous Resolutions, and WHEREAS, the Executive Director of Community Development has requested additional funds to pay for underground utility coordination and other assistance with the Exit 18 Corridor Realignment Project Capital Project as outlined in a Memorandum by the Executive Director of Community Development to the Town Board dated June 13 and June 14, 2005 and copies have been presented at this meeting, and WHEREAS, such additional costs shall not exceed the amount of $38,000 and are requested to be a part of the Exit 18 Corridor Realignment Project Capital Project and financed through the Capital Reserve Fund, and WHEREAS, in accordance with the Town's recently revised Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, WHEREAS, the total for the Exit 18 Corridor Realignment Project Capital Project Fund #126 after the additional transfers from CIP fund will be $293,960, WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and therefore the Town Board wishes to schedule a public hearing concerning the proposed increase in the Exit 18 Corridor Realignment Project Capital Project Fund #126 as currently listed on the Town's approved CIP, 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, September 12tH 2005 to hear all interested persons and take any necessary action provided by law concerning the proposed $123,960 increase in the proposed Exit 18 Corridor Realignment Project Capital Project Fund #126, and Regular Town Board Meeting 08-15-2005 MTG#38 BE IT FURTHER, 697 RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES :None ABSENT : None RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY RUSSELL O'CONNOR AND JAMES O'CONNOR FROM LIGHT INDUSTRY (LI), WATERFRONT RESIDENTIAL -ONE ACRE (WR-lA) AND SUBURBAN RESIDENTIAL - ONE ACRE (SR-lA) TO MIXED USE (MU) RESOLUTION NO.: 396, 2005 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Russell O'Connor and James O'Connor to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential -One Acre (WR-lA) and Suburban Residential -One Acre (SR-lA) to Mixed Use (MU), and WHEREAS, on or about July 22"d, 2003, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution consenting to the Queensbury Town Board being designed Lead Agency for the proposed rezoning, and WHEREAS, on or about July 9th, 2003, the Warren County Planning Board considered and approved the proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and Regular Town Board Meeting 08-15-2005 MTG#38 698 WHEREAS, the Town Board held a public hearing on this request on or about August 18th, 2003 and such hearing was left open, and WHEREAS, the Town Board agrees that it is in the public interest to re-advertise and continue the public hearing prior to acting on the petition, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 12th, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties owned by Russell O'Connor and James O'Connor bearing Tax Map No.'s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury would be rezoned from Light Industry (LI), Waterfront Residential -One Acre (WR-lA) and Suburban Residential - One Acre (SR-lA) to Mixed Use (MU), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES :None Regular Town Board Meeting 08-15-2005 MTG#38 ABSENT: None RESOLUTION TO AMEND 2005 BUDGET RESOLUTION NO.: 397, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 699 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 2005 Town Budget as follows: FROM: TO: $ AMOUNT: 001-1315-2001 001-1410-4400 500. (Equipment) (Misc. Contractual) 001-1315-4720 001-1410-4400 900. (Consultant Fees) (Misc. Contractual) Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES :None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS RESOLUTION NO.: 398, 2005 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 Abstract with a run date of August 11th, 2005 and a pay date of August 16th, 2005, Regular Town Board Meeting 08-15-2005 MTG#38 NOW, THEREFORE, BE IT 700 RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a run date of August 11th, 2005 and pay date of August 16th, 2005 numbering 25-347200 through 25- 371300 and totaling $469,722.88, and 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 maybe necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES :None ABSENT: None RESOLUTION APPOINTING EXECUTIVE DH2ECTOR OF COMMUNITY DEVELOPMENT TO SERVE AS ZONING ADMINISTRATOR DURING ZONING ADMINISTRATOR'S ABSENCE RESOLUTION NO. :399, 2005 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY Mr. Roger Boor WHEREAS, in accordance with Queensbury Town Code §88-6, in the event of the Town Zoning Administrator's absence, the Town Board may designate a person to act on behalf of and to exercise the powers conferred upon the Zoning Administrator, to any qualified Town employee or officer, WHEREAS, the Town Board wishes to designate the Town's Executive Director of Community Development to serve as Zoning Administrator during the Zoning Administrator's absence from August 16th 2005 through August 30th, 2005, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the Town's Executive Director of Community Development to act on behalf of and exercise all of the power conferred Regular Town Board Meeting 08-15-2005 MTG#38 701 upon the Town's full-time Zoning Administrator during the Zoning Administrator's absence or in the case of the Zoning Administrator's inability to act for any reason in accordance with Queensbury Town Code §88-6, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development and/or Zoning Administrator to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None DISCUSSION HELD BEFORE VOTE: TOWN COUNSEL, HAFNER-We were asked to put this resolution together. We understood that it was to have a backup in case Craig Brown was not available. Marilyn has informed us since we put the resolution together there was a discussion in the past about having a deputy appointed and the Town Board's decision at that time is that they didn't want a deputy. If you pass, the resolution as it is you would be appointing her effectively his deputy. Recommended to limit it to just the time he is on vacation, which is from tomorrow to two weeks from tomorrow. RESOLUTION AUTHORIZING APPOINTMENT OF VICE CHAIRMAN AND SECRETARY ON ZONING BOARD OF APPEALS RESOLUTION NO.: 400, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 267,2005, the Queensbury Town Board designated Charles Abbate as Chairman of the Town's Zoning Board of Appeals for the year 2005, and WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeals' recommendations for Vice Chairman and Secretary, and so the Town Board wishes to also authorize the designation of Vice Chairman and Secretary, NOW, THEREFORE, BE IT Regular Town Board Meeting 08-15-2005 MTG#38 702 RESOLVED, that the Queensbury Town Board hereby authorizes the appointment of Charles McNulty as Vice Chairman and James Underwood as Secretary of the Town's Zoning Board of Appeals for the remainder of 2005. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES :None ABSENT: None RESOLUTION CLARIFYING THE ROUTES 9 AND 254 IMPROVEMENT PROJECT AS A NEW YORK STATE PROJECT RESOLUTION NO.: 401, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 69,2003, the Queensbury Town Board authorized establishment of the Routes 9 and 254 Traffic Improvements Capital Project and establishment of the Routes 9 and 254 Traffic Improvements Capital Project Fund #137 to fund expenses associated with the Project, and WHEREAS, by Resolution No.: 446,2004, the Town Board authorized the implementation and funding of the first instance 100% of Federal aid and New York State "Marchiselli" Program-Aid eligible costs of the Project, and WHEREAS, upon meeting with representatives of the New York State Department of Transportation, the Town Board wishes to adopt a Resolution clarifying that this Project will now be a New York State Project for construction purposes rather than a Town of Queensbury prod ect, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms and authorizes the Routes 9 and 254 Traffic Improvements Capital Project as a New York State Project for construction purposes rather than a Town of Queensbury Project, and BE IT FURTHER, Regular Town Board Meeting 08-15-2005 MTG#38 703 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive Director of Community Development to send a certified copy of this Resolution to the appropriate New York State representatives handling this Project and take any other actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.'s: 69,2003 and 446,2004 in all other respects. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES :None ABSENT : None RESOLUTION CONCERNING ALLOCATION AND DISTRIBUTION OF REVENUE FROM SALES AND USE TAXES TO VILLAGES WITHIN WARREN COUNTY RESOLUTION NO.: 402, 2005 INTRODUCED BY.~ Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY Mr. Daniel Stec WHEREAS, residents on the east shore of Lake George have filed petitions for the establishment of a Village in the Counties of Warren and Washington (the "proposed village"), and WHEREAS, the proposed creation of a new village in Queensbury, Warren County, appears to be an attempt to divert sales and use tax revenues from the Town as a whole to a portion of the Town where such revenues are not earned, and WHEREAS, sales and use tax revenue is earned not by the basis of the value of a person's home, but based on the businesses and residents of the Town, and WHEREAS, the proposed village has a very small percentage of businesses and residents that are located in the Town, and WHEREAS, approximately two-percent (2%) of Town residents would be located within the proposed village, and Regular Town Board Meeting 08-15-2005 MTG#38 704 WHEREAS, it would appear that while governmental services are currently adequately provided to all areas of the Town of Queensbury, including the east Lake George shore area of the Town, and could continue to be so adequately provided, the creation of a village would negatively impact the Town of Queensbury, as a whole in the future, since net collections from sales and use taxes imposed by Warren County would be disproportionately redirected from lower assessed neighborhoods (other areas of the Town) into higher assessed neighborhoods (the area of the proposed village) under current sales and use tax revenue sharing formulas mandated by State law, and WHEREAS, in addition, net collections of sales and use taxes imposed by Warren County would be redirected from the areas of the Town where such taxes are earned and where Town residents live to an area where a small proportion of such taxes are earned and residents live, and WHEREAS, under the circumstances, it would appear fair, equitable and appropriate to seek modification of the aforesaid State mandated sales and use tax revenue sharing formulas to provide for a more equitable sharing of net collections between the proposed village and the Town and between any other town and new villages that may be created under similar circumstances in the future, and WHEREAS, the aforesaid request is not without precedent as the State Legislature enacted legislation for Albany County (Tax Law § 1262-d, Chapter 296 of the Laws of 1981), which provided for a distribution of net collections from sales taxes imposed by Albany County between towns and villages in direct proportion to their respective populations, with the exception of two (2) towns, where the amount paid to each village therein was based on the ratio of the full evaluation of real property, and WHEREAS, another precedent for modification of the formula for sales tax revenue distribution has been made before and enacted into law relating to Orange County and is already included in Tax Law Section 1262(c), and WHEREAS, the State Legislature has in Tax Law Section 1262-c granted Broome County authority to choose the method of allocation between a town and a village within that town based on population or full valuation or a combination of both, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the New York State Legislature enact an amendment to Tax Law Section 1262 to provide that net collections from sales and use taxes imposed by Warren County (set aside for allocation to the towns and villages REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 705 therein) be distributed between the towns and their villages directly in proportion to their respective populations, with the exception of the Village of Lake George in the Town of Lake George, where the amount to be paid to the Village therein shall remain as historically established (by the ratio that the full evaluation of real property in such Village bears to the full evaluation of property in the entire Town), and BE IT FURTHER, RESOLVED, that nothing contained herein shall be deemed to request an amendment to the formula under which the County currently distributes to towns, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to take any action necessary to effect this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward certified copies of this Resolution to Senator Elizabeth Little, Assemblywoman Teresa Sayward, Clerk of the Warren County Board of Supervisors and the Association of Towns. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Turner NOES Mr. Boor, Mr. Strough ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Asked to table this resolution. Asked to schedule a tentative date to meet with the Lake George, North Queensbury people to address their concerns for September 1st SUPERVISOR STEC-Does not know if they will be ready. COUNCILMAN STROUGH-Let's try to get for the last week of August. SUPERVISOR STEC-Told many people in North Queensbury it is my hope to have one of these informational meetings either the tail end of August early September. The purpose of the meeting is for us to put out what we think answers are to the questions we have been hearing. COUNCILMAN STROUGH-The purpose of the meeting is to listen to them and to listen to their concerns to see if we can address them. COUNCILMAN BREWER-We have a timeline predicated those petitions that were submitted to us that we have to act and have a meeting or is this separate. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 706 SUPERVISOR STEC-This is a related issue, but a separate issue. The public hearing that we are required to have and the purpose of the public hearing according to statue is solely for the examination of the petition. The legal requirement is not to have a debate of the merits it is merely to explore and look at is the petition valid. This has to be held by both Queensbury and Fort Ann. Fort Ann has suggested a date for this public hearing it would be held here, which would be September 14th. This is within the timeline that is set by law from when we have been served the petition and the proper fee was collected on August 1st The question is, is the fourteeth a good date for the Town Board we are required to have that one by law. Separate from that we need to have an informational meeting noting that Jennifer and others have been working very hard on doing the research to answer people's questions. Jennifer has suggested that someone from the State Comptroller's Office and someone from the Office of Real Property Services attend the informational meeting. We need to compile all the information then come up with a final dollar impact. We would like to be able to sit down and know that we are accurate. We have already done research on the other side of the equation the ninety eight percent of the Town's population the way that things currently are the twenty five thousand other taxpayers would be subsiding.... COUNCILMAN BOOR-Finds the resolution to be problematic because what it does, it diminishes dialogue it puts the other party in a position where they do not feel that not anything they say has any merit, thinks this is a fair way to operate. Ask to delay having the County send this to the State until we have all the information until we have heard all the comments. You have already done the legwork they have all ready agreed to do it . Thinks what this does to people in the audience is it let them realize yes we're going to listen to you and we're not going to deal from the bottom of the deck. SUPERVISOR STEC-With all due respect disagrees that this is dealing from the bottom of the deck. You were at the meeting it was in fact unanimous amongst the Queensbury Supervisor's. Many questions were asked there is nothing that says that after the fact if the dust settles and it does away or if we change our minds that we could delay it or we could pass it and then undo it. COUNCILMAN BOOR-Thinks that undoing it shows that you did not know what you were doing to begin with and that you acted to quickly. Thinks that the formation to a Village is a knee jerk reaction to what we have going with the reval. Thinks our going around the corner and behind their backs is a knee jerk reaction to their wanting to form a Village. What I would like to see is everybody sit down be calm and really have a dialogue. COUNCILMAN BREWER-Is is not true that what these residents have done noting he doesn't have a problem with them doing it they have in fact filed a petition there will be a vote. What I believe is we are doing what we need to protect the vast majority of the Town. Thinks what should have happen is they should have stopped, came to us, try to have a dialogue we have no control over Lake George School taxes. We have no control over Queensbury School taxes. We eliminated the Town tax on 2001 we have had a rebate every since we are trying to do what we can do. Things we have no control on you cannot blame onus. COUNCILMAN BOOR-We do have control over the filing of this with the State. SUPERVISOR STEC-We are on a time line that we do not have control over it. COUNCILMAN BOOR-Not with this. Doing this prematurely sends a real bad message to the constituents whether a minority or a majority. SUPERVISOR STEC-Any other discussions. Vote taken. RESOLUTION REQUESTING AND AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 707 RESOLUTION NO.: 403, 2005 INTRODUCED BY.~ Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY Mr. Theodore Turner WHEREAS, Warren County receives sales tax revenues resulting from sales transactions taking place within the County and a substantial portion of such transactions occur within the Town of Queensbury, and WHEREAS, portions of the Warren County sales tax revenues are annually allocated and paid to each one of Warren County's municipalities, and WHEREAS, the Queensbury Town Board has lowered Town residents' County tax in the years 2004 and 2005 by authorizing Warren County to withhold sales tax revenue, and WHEREAS, the Town Board would like to authorize an increased amount of sales tax to be withheld by Warren County which would be applied to reduce 2006 Warren County property taxes, and WHEREAS, the Town Board has determined that the current total fund balance again exceeds the reasonable amount needed for revenue stabilization, cash flow, contingencies, and contemplated capital projects, and the Town Board wishes to undertake a greater reduction of county taxes on Queensbury property, and WHEREAS, the Town Board feels that a larger amount for 2006 is warranted, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes Warren County to retain $2,500,000 of Warren County sales tax revenues allocated to the Town of Queensbury in 2006 and apply such revenues to reduce the annual County property taxes on real property in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board requests that Warren County evenly redistribute the annual amount(s) to be retained, thereby retaining the Town's sales tax rebate on a quarterly basis, and REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 708 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with Warren County's Chief Fiscal Officer by mailing such Resolution by registered or certified mail before September 1st, 2005 in order to take effect for the calendar year 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to provide any other required documentation to Warren County prior to September 1st, 2005 and take any and all other action necessary to effectuate all terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES :None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Over the last four years, every year about this time late July or August we've had this discussion. Jennifer put out a lot of information. I think it is fair to say, I sent everybody an e-mail over the weekend and I heard back from a couple of people. I do think it's fair to say that all five of us are in favor of a rebate. I really think that the discussion we're about to have now is going to be a continuation of the discussion that started last Monday. Depending on whom you ask or what color money you are talking about some people would say it's a eleven million dollars some people would say its seven point eight million dollars. The good news if there is a good news on the reval side we were at eighty four percent equalization rate according to the State, however, we were actually much lower that that. What does that mean? That means we are going to bring in definitely more than one million dollar. I'm not sure that our number would say it's an additional one point eight, but I know that the County number was an additional one point one. The down side is that we are going to have an equivalent magnitude additional County tax burden because of the assessment so those two are roughly a wash. When, I look at that I agree a hundred percent with one of the comments that was made before. It was actually a pitch that I tried unsuccessfully to make myself. We needed to have a number tonight I penciled that in. I told the board we could have a discussion on the amount or the method of how we get to an amount. If we're going to have this happen by law, we have to do it in August. I really don't see a need to prolong it beyond tonight I think we will probably hammer out a number that three out of five of us, hopefully five out of five of us will say, you know what maybe not my ideal number, and frankly, my ideal number is much higher than one point two five million. I know that there a couple people that are skidish about coming up to much higher than that. I'm looking for us to sit down. Jennifer has all the numbers. I don't think this is very complicated math it is really a comfort level discussion. I'm not going to throw any Town Board member in for not going any higher. I'm looking for us to reach some sort of consensus on this this year. When I started this and this is before we started to see the firm figures come back from what sales tax might be next year. My number has always been between one and two million dollars unless the board said, hey Dan we rather give back all the rebate in one shot. That hesitance that everyone had the last three years we want something is a little more repeatable I hadn't been concerned about repeatability REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 709 before. That means in order to extent it over multiple years obviously it would be a smaller amount over multiple years. Jennifer laid out a case that the Town has right now roughly six million dollars. We're going to have this additional money coming because of our percentage on the sales tax revenue. I think we need to have that discussion what is the number going to be. I'm not married to the one and a quarter. I can tell you that I'm flexible in the upward direction. I don't really see myself flexible in the downward direction. COUNCILMAN STROUGH-This resolution is really two resolutions. Is a resolution on the rebate, but before we share our idea this resolution also includes two paragraphs, two whereas, (read clause). Taking the position, we don't need inflammatory items like this we want to sit down as adults with cool heads and talk to the people in North Queensbury. I think this is imflammatory it should be a separate resolution it should not be in with the rebate resolution because if it is I vote no. SUPERVISOR STEC-This is the way the Town and Village do it. COUNCILMAN STROUGH-Why isn't it a separate resolution? SUPERVISOR STEC-Asked if it could be a separate resolution. The reason why Lake George does it is to avoid a double dipping. TOWN COUNSEL, HAFNER-The decision of whether or not to have that language in there is up to the Town Board it is a policy decision. COUNCILMAN BOOR-The question is could it be two resolutions? TOWN COUNSEL, HAFNER-It could. COUNCILMAN STROUGH-I'm favor of the rebate. In favor of a big rebate, but not in favor of this resolution that is saying this to people in North Queensbury thinks it is insulting. Take those two resolutions put it in a separate resolution we can vote on that. SUPERVISOR STEC-Let me explain one last time why those two paragraphs are there. COUNCILMAN BOOR-We know why they are there. SUPERVISOR STEC-You are making something inflammatory that isn't inflammatory and was not intended to be inflammatory. COUNCILMAN BOOR-The difference between Lake George Village and Town is that a lot of sales tax revenue is generated in the Village. They are different animals completely the notion that somehow we're the same it just doesn't wash. COUNCILMAN STROUGH-Can we delete those two paragraphs for the purpose of the rebate Bob said we could? SUPERVISOR STEC-I am not interested in deleting those two paragraphs. COUNCILMAN BOOR-What are you asking Dan? SUPERVISOR STEC-Does it make legal since to have a resolution and I don't which order you would do them in. The resolution about the two paragraphs and then a separate resolution that sets the amount. TOWN COUNSEL, HAFNER-You could break it down if you wanted. I would like to set the amount first. If there is a Village formed then next June you have to cut the Village a check, part of it includes a share of these sales taxes. SUPERVISOR STEC-They would get paid twice if we didn't have that. They would double-dip in essence. COUNCILMAN STROUGH-It doesn't need to be done today. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 710 COUNCILMAN BOOR-Asked for the Audit Statement of the budget sought out a consultant an individual with extensive financial background about thirty years sat down for eight an a half hours with this individual noting he understands a lot more than he did the first time. We have tremendous surplus we have eleven point three million that is totally expendable. We sweep a lot of general fund money into other accounts that although they may not be able to be pulled out they have to be used in that account. In some instances they may be adding to an already large surplus in that fund it is questionable if that's a good way to go. I had some other discussions with some other financial people I had some discussions with people at the County. We have characteristically and repeatedly underestimated sales tax revenue. I spoke with two people up there and they gave me relatively solid assurance that we're going to be getting at least a million and probably a million six as was suggested there is no cost associated with it that is surplus. I would be comfortable with a two point seven five million dollar rebate, which is very close to what this gentleman said. It almost will equate to a one dollar per thousand reduction in your property. Hopes the Village listens to what Mr. Hodgkin's has to say. The reality is the best-case scenario that he thought for them their taxes would be about six hundred dollars less on an average home that is with everything going smoothly. When, I look at what we could be doing with rebating more than what we are doing that almost equals what they would be saving as a Village. The rest of the Town benefits too, these people are going to benefit the most because of the higher assessment and value of their homes, but everybody in the Town will benefit from this. Whether or not we can continue to do it, forever that's why I would like to work on a formula. COUNCILMAN BREWER-Don't blame me for your lack on interest to get educated on the numbers when it takes you three years to get eight hours of education so that you understand it don't shame on me shame on you. Second, I don't have a problem with two million dollars, but I would like to be able to be responsible enough to be able to repeat the rebate and not just throw everything out to the wind and benefit everybody just once. We didn't get this money in one year, two years, or three years. We have not predicted the amount of sales tax revenue we've always done on the low side conservative that was Henry's way of doing business, I think Jennifer has taken a better hold of it in not doing that. I don't think we're going to have a big number that everybody thinks we're going to have. Hopefully with the new system we're getting we are going to have an extended projection of budget surplus, etc. For you to blame us for lack of knowledge, I'm sorry I can't accept that. SUPERVISOR STEC-We are doing fairly well this evening but again, I don't want it laid on my feet for the responsibility of some of these votes in the last three years. I did my homework the last three years. I did all the homework I was the only one that did any homework I presented the numbers and no one listened. I don't want somebody coming here now and saying, Dan it is your fault that the rebate didn't pass three years, two years ago. Be that as it may, like I said before when we started this depending on what numbers you want to use we can do a six million dollar rebate. COUNCILMAN BOOR-I think, I made it clear what I was comfortable with. SUPERVISOR STEC-You can go as high as that for one time. COUNCILMAN BOOR-We can only do it on a one-year basis. Yeah, so one time I'm comfortable this year with the reval, I think this is an appropriate amount. SUPERVISOR STEC-It wasn't lost on you that we need three. COUNCILMAN BOOR-Three what? SUPERVISOR STEC-Three votes. COUNCILMAN BOOR-It's never lost on me Dan trust me. COUNCILMAN STROUGH-I, too have been doing my homework and this time I had an opportunity to do it. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 711 SUPERVISOR STEC-Eighteen months. COUNCILMAN STROUGH-Last year, July 26th I got back from a fishing vacation, I learned that there is a resolution for a budget rebate on Monday night's meeting so I learned about that on Monday. Had not had any prior knowledge of that and anybody that knows me knows that I'm a person that likes to do a lot of homework and a very thorough job. I wasn't given the opportunity to do that as a fact Jennifer wasn't even here that evening. COUNCILMAN BOOR-Nor was our Attorney. COUNCILMAN STROUGH-For me to ask any questions. Of course, I abstained on the vote the Post Star never really explained the history to that vote. In any event, I do see that we do have eleven point three five million in the general fund as a fund balance. The Highway Fund we have about three hundred and eighty nine point five two two, which is controlled by the Town Board. Water Fund, is not controlled by the Town Board we got five million in the fund balance that's why I said we could probably reduce the price of water. The sewer fund we don't have any control over that, but that has almost a million in the fund. Refuse and garbage fund, I know some of that is ear marked so we cannot touch much of that and that's one point nine. Fire protection fund was six point eight eight it is something different now, I know it's around a hundred twenty or something like that. Lighting fund seventy thousand that's something we could shove in. Cemetery fund, seven hundred fifty six, but that's deceiving. You go through these funds and then you look at Jennifer's chart. Then Jennifer also ran up a whole lot of charts I went through that I went through the budget. I can see that the undesignated fund has been growing and growing to the tune of eleven something million. We're at a time where I think a lot people are demanding their money in their pockets. I understand Tim's argument, which I have also felt before for being able to keep this going. We have sales tax we are a growing Town I'm confident that we will be able to continue giving rebates. I think we ought to give away...the share so I'm going to agree with Roger, but that's only one of the issues. SUPERVISOR STEC-We're working on the number issue right now. COUNCILMAN STROUGH-I'm going to go with Roger. The other issue is I cannot vote on this resolution this way. We never came to a conclusion on what I brought up originally. What difference does it make if you want to put this as a separate resolution and vote on it? I want to vote just on the rebate. COUNCILMAN BOOR-You'll get your votes Dan and you'll get your way just put it on two resolutions. SUPERVISOR STEC-I'm not saying I'm not saying I'm worried about that. I'm here sitting and basking in the sun that I finally gotten some converts right before an election. COUNCILMAN STROUGH-No converts. You gave me an opportunity this year to be able to do my homework, which I always do last year you didn't. SUPERVISOR STEC-Again, I going to repeat it. I don't want to put in my feet that we didn't have time to think about this in four years, three years, or eighteen months or whatever it is. I'm just happy if you go back and check the minutes of all those last four years worth of meetings when we talked about this it's been the same discussion over and over again. We have had some big role reversals here about repeatability, non-repeatability I was never concerned about repeatability. The only thing holding me back was that there were more than two people on the board that were concerned about repeatability. That's why we didn't pass the million-dollar rebate in 2002. That's why we didn't pass the million-dollar rebate in 2003. We did pass a million dollar rebate in 2004, I always knew we could go higher. Everyone was saying well we're worried about this and we're worried that. No one talked to staff just me. No one sat down and generated that chart; all right Jennifer give this to them it is yours they will like it if it's from you, but that's all right. The good news is that we finally got some realization that the Town is flushed with some cash and we're going to be able to do a bigger rebate. Again, it's whatever we can get three votes from I'm interesting in hearing what Tim has to say. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 712 COUNCILMAN BREWER-I've already said it. I can live with two million dollars. To pick a number Roger and say two point seven five where did you get two point seven five? COUNCILMAN BOOR-I thought I explained it. COUNCILMAN BREWER-You didn't. COUNCILMAN BOOR-I went through all of the figures. COUNCILMAN BREWER-You just magically came up with that because one time you wouldn't vote three hundred and seventy thousand. COUNCILMAN BOOR-Let's stay in the present, please. COUNCILMAN BREWER-No, I can't. COUNCILMAN BOOR-I know that. COUNCILMAN BREWER-That's all part of it Roger. SUPERVISOR STEC-Do you have anything you would like to add. COUNCILMAN BREWER-Playing games is what they are doing. COUNCILMAN STROUGH-We have seven million five hundred and thirteen according to Jennifer figure currently in fund balance, but that doesn't include other funds that could be sweep into there that's just the general fund, right? BUDGET OFFICER, JENNIFER SWITZER-That seven point five million includes what we refer to as unreserved. There is another three and a half million dollars in reserved. COUNCILMAN BOOR-It can be swept into the general fund. BUDGET OFFICER, SWITZER-A lot of it is part of the capital improvement plan. COUNCILMAN BOOR-Like what we bought this property with. BUDGET OFFICER, SWITZER-We bought property with it. Any type of capital type.... SUPERVISOR STEC-The question that I think I wanted to hear you answer is the money that's in the CIP can you move that money out of a capital reserve and into the general fund unrestricted fund balance and use it for rebate? BUDGET OFFICER, SWITZER-The only thing you can move money from a reserve is to another reserve. You cannot move it back into the general fund unreserved fund. SUPERVISOR STEC-The eleven point four million dollar figure is real money, but not all of it is in anon-reserved status. BUDGET OFFICER, SWITZER-That's correct seven and a half million dollars. COUNCILMAN BOOR-I know exactly what you are talking about. BUDGET OFFICER, SWITZER-We have eleven million dollars three and a half of that has to be used for some type of capital project. COUNCILMAN BOOR-Like if we had a Hadlock Pond incident we could use that money it will do what we need it to do if we have it. BUDGET OFFICER, SWITZER-Above and beyond that, we have the seven and a half million dollars. Once again, it is how you want to allocate this money back to the constituents. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 713 SUPERVISOR STEC-In 2002, I wanted to do a million and I didn't get it. In 2003, I wanted to do a million, but I got three seventy-five so that's another six twenty five. Last year, I wanted to do a million we got the million so that's okay so now we're at one point six. two five. Plus on the table tonight, if I had my votes we would have already given the one point six beyond what we are talking about tonight. This resolution is for one and a quarter so that's two million eight seventy-five. Rogers's number was two million seven fifty, right. COUNCILMAN BOOR-I have no idea what you are talking about. SUPERVISOR STEC-What was your number? COUNCILMAN BOOR-My number is two and three quarter million, but whatever you are doing is beyond me. SUPERVISOR STEC-Because in 2003 after not getting in 2002, I said let's do two million. COUNCILMAN BOOR-Dan stay in the present buddy. SUPERVISOR STEC-I'm trying to rationalize myself where my new number might be because I told you that I was flexible in the upward direction. COUNCILMAN BOOR-We should going with what we have now. SUPERVISOR STEC-I know what we have. COUNCILMAN BOOR-What we had three and four years ago is really not an issue. SUPERVISOR STEC-I'm just saying that I tried to do some tax relief in the past and I didn't get it if we can right those wrongs right now. COUNCILMAN BOOR-The public is very aware of that Dan. SUPERVISOR STEC-I'm just saying if I can right those wrongs right now by going with a larger number I'm might be willing to do that. COUNCILMAN STROUGH-Here you go. You got seven point five million unreserved funds. Generally speaking if you want to play a conservative budget you leave somewhere between fifteen and twenty percent reserve that's five million. That leaves two and a half million we don't need. COUNCILMAN BREWER-I think you are just picking a number out of the sky. COUNCILMAN STROUGH-I'm not. COUNCILMAN BREWER-It's a reasonable number. COUNCILMAN STROUGH-Seven point five and you want to leave five unreserved that's about twenty percent of a twenty four million dollar budget. Two and a half give away still leaves you five in reserve and that's more than what any other Town or accounting principal suggests that you do. COUNCILMAN BREWER-I would be more conservative if you go with two million John then hopefully you can do something next year. I see it as a big surprise you get a big gift this year what happens next year when the taxes go up again at the schools, county. COUNCILMAN STROUGH-Again, ... not going to have a reval next year. COUNCILMAN BREWER-It's still going to be the same is what my contention is. REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 714 COUNCILMAN STROUGH-I think we have to restore their confidence and tell them we're going to give them a big bang this year. COUNCILMAN BREWER-Two and a half. COUNCILMAN STROUGH-Rounded out figures two and half. Seven and a half is already unreserved funds, two and a half leaves you five. SUPERVISOR STEC-You would vote yes on two and a half I take it. COUNCILMAN BOOR-I'm two seventy-five. SUPERVISOR STEC-Are you going to vote no on two and a half? COUNCILMAN BOOR-I'm telling you what I think I actually did the work that's what I think we should give. COUNCILMAN BREWER-There is no room for compromise. COUNCILMAN BOOR-I can compromise, but I think Ted should come back and have a say, too. COUNCILMAN STROUGH-While Ted's out let's get back to my two issues and one resolution. TOWN COUNSEL, HAFNER-Do you want me to separate and do a resolution separating it? FIVE-MINUTE RECESS SUPERVISOR STEC-We're going to resume thank you for that recess. Bob you had time while we were discussing to separate this 7.24 rebate resolution into a financial component and the meets and bounds if you will. We had a motion and a second, but I know you were going to propose making a modification. Why don't I turn it over to you and allow you to make a suggestion. TOWN COUNSEL, HAFNER-Someone talked about calling it 7.24(A). It will be exactly the resolution that you had before you that was called Resolution Requesting and Authorizing Warren County to Retain Sales Tax Revenues and Offset Property Taxes with two modifications. You are going to delete the second to last whereas, which deals with if there is a Village in Town and you will get rid of the second resolve, which also is the only one dealing with the Village so that will be 7.24(A). SUPERVISOR STEC-In 7.24(A) the dollar amount is two and a half. TOWN COUNSEL, HAFNER-It was two and a half million. SUPERVISOR STEC-Who was the original... . DEPUTY CLERK O'BRIEN-It was Councilman Brewer who introduced it and Councilman Turner seconded it. SUPERVISOR STEC-Are you both satisfied with those modifications even though I think it was a group of other people that also had input in that. You are fine with those modifications. COUNCILMAN TURNER-Yep. SUPERVISOR STEC-Everyone understands the motion. This removes the language as to if there is a Village and it changes the dollars amount to two point five million. COUNCILMAN BREWER-That resolution will be.... REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 715 SUPERVISOR STEC-That is 7.24(A) Any other discussion, go ahead and vote. VOTE TAKEN COUNCILMAN BREWER-I would just like to just add that this is per politics last year and the year before we had to beg people to give money back. This year all of a sudden magically they want to give three million or two and half million. I think we're doing a disservice because next year they are still going to have the same tax bills. In consistency, I think the number should be lower so that we can do it again. SUPERVISOR STEC-With that said I appreciate your comment. The other thing I want to say is, I want to thank and congratulate the Town Board and staff for reaching unanimity for the first time in four years of trying. Maybe perhaps we all tried a little harder this time then we did in the last three years. In any event, this is the first time in four years that we had a unanimous vote on a rebate amount a significant rebate amount. Avery responsible rebate amount I wholly support the number. I know that some people came up to that number. I know some people questioned the history of how we got to that number. The important thing is that the individual taxpayers in all the Town will be benefiting from that action tonight. I think that is a significant impact to our taxpayer so I think that the board should feel very good about that amount. Bob you had a 7.24 (B) that you had drafted. TOWN COUNSEL HAFNER-I'll read it in. I didn't come up with a heading, but is basically the same heading. You basically took that heading and broke it in two parts. The first whereas will be. WHEREAS, on August 15, 2005 the Queensbury Town Board passed resolution number whatever it was which provided that Warren County would retain 2.5 million dollars Warren County sales tax revenues allocated to the Town of Queensbury in 2006. Then for the second whereas we are going to take out the whereas we deleted, would you like me to read them. Whereas, if there is Village located wholly or partially within the Town of Queensbury, such reduction of 2006 County property taxes due to this resolution shall be applied to portion of the Town of Queensbury located outside the Village, just as the Town of Lake George does with respect to Lake George Village. Then the first resolved will be the resolved that you deleted, which if you want me to continue. Now therefore be it, Resolved, that if the Town of Queensbury has a Village partially or wholly located within its bounds as of December 31, 2005 then such retained Warren County sales tax revenues shall reduce the annual 2006 County property tax only on the real property in the Town of Queensbury located outside such Village. Then we will also copy in the last two resolves, which deal with the Town Clerk's duty to send it to Warren County Chief Fiscal Officer and also to provide any other documentation Warren County needs, I would think that needs to be in both resolutions. SUPERVISOR STEC-That's it? TOWN COUNSEL, HAFNER-I would make that a motion. COUNCILMAN BREWER-I'll second it. RESOLUTION AUTHORIZING WARREN COUNTY TO RETAIN SALES TAX REVENUES AND OFFSET PROPERTY TAXES ON PORTION OF TOWN OF QUEENSBURY LOCATED OUTSIDE OF ANY VILLAGE LOCATED WHOLLY OR PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 404, 2005 INTRODUCED BY.~ Mr. Daniel G. Stec WHO MOVED ITS ADOPTION SECONDED BY Mr. Tim Brewer REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 716 WHEREAS, on August 15th, 2005, the Queensbury Town Board adopted Resolution No.: 403, 2005, which provided that Warren County would retain $2.5 million in Warren County sales tax revenues allocated to the Town of Queensbury in 2006, and WHEREAS, if there is a Village located wholly or partially within the Town of Queensbury, such reduction of 2006 County property taxes due to such Resolution shall be applied only to the portion of the Town of Queensbury located outside of the Village, just as the Town of Lake George does with respect to Lake George Village, NOW, THEREFORE, BE IT RESOLVED, that if the Town of Queensbury has a Village partially or wholly located within its bounds as of December 31st, 2005, then such retained Warren County sales tax revenues shall reduce the annua12006 County property tax only on real property in the Town of Queensbury located outside such Village, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file a certified copy of this Resolution with Warren County's Chief Fiscal Officer by mailing such Resolution by registered or certified mail before September 1st, 2005 in order to take effect for the calendar year 2006, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor and/or Town Budget Officer to provide any other required documentation to Warren County prior to September 1st, 2005 and take any and all other action necessary to effectuate all terms of this Resolution. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Stec NOES Mr. Boor, Mr. Strough ABSENT: None DISCUSSION HELD AFTER VOTE: SUPERVISOR STEC-What is proposed here by 7.24(B) is entirely consistent with what the Village and Town of Lake George does there is a different mix there. The idea would be that certainly the Town of Lake George has sales tax revenue. The Village of Lake George also has a sales tax revenue they don't co-mingle those two sales tax REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 717 revenues. Basically, the Town uses some of its sales tax revenue to offset its Town residents outside the Village County tax. It is similar to what Queensbury has done in the last couple of years to lower County taxes for Queensbury residents. If we don't pass then what could happen that in essence you could have a situation where we're in addition to sales tax revenue we could also be subsidizing with outside the Village inside the Village rebate. It is not intended to be inflammatory it is intended to seek a fairness so that basically you don't run into a situation where you are double dipping. That's why the Town of Lake George and that's why I thought it was a good idea for us to do it. Perhaps we won't have unanimity on this one, but that's okay that is the purpose. I just want to make sure the board understood what we were voting on. COUNCILMAN STROUGH-Again, I state my position that it is not needed at this time it is inflammatory. The cooler minds and objective minds should prevail it is not saying that I'm for it or against it; I just don't think it needs to be done tonight. SUPERVISOR STEC-Roger you were going to say something. COUNCILMAN BOOR-I've decided not to. SUPERVISOR STEC-John, I respectfully disagree. I think that tonight is entirely the appropriate time to do it. We took one resolution we accommodated some people that wanted them separated so that they could vote yes. One without having to feel that they were saying yes to something they didn't want to, I think we accomplished that. I really think it is important for us to vote on this resolution tonight. We have a motion and a second, right. DEPUTY CLERK O'BRIEN-Yes. COUNCILMAN STROUGH-Thank you for that. SUPERVISOR STEC-You are welcome. Thank you board, I love the rebate and I love a big rebate. All five of us were able to agree in this thing where Town Boards the last three years hadn't so maybe we turned a corner. I think all of our residents will appreciate the effort that we are trying to do here on the revenue side with what to do with the revenue. Clearly, we have work that can be done on the expense side we did a good job, I think last year if I say so my myself the board did in cutting the budget. Hopefully we will be able to control spending this year as well as we did last year. Jennifer and I will be trying to focus on that instead of some of the continuing phone calls and inquiries that we have been getting on a variety of other subjects. Vote taken. SUPERVISOR STEC-Roger has a resolution from the floor do you want to read it. COUNCILMAN BOOR-It essentially requesting that the Supervisor as soon as it's physically is possible notify the Warren County Board of Supervisors not to forward resolution no. whatever it was. SUPERVISOR STEC-439. COUNCILMAN BOOR-To the State until such time as we have a public hearing and the board actually gets to vote on whether we want to have this forwarded or not. SUPERVISOR STEC-We did have a motion and a second back at the beginning when it brought to the floor. The only thing I would add is just remind the board that the County Board did act on this. There are other County Supervisor's that believe me as much as I like to think they are worried about what Queensbury wants they are also very good at representing their own constituents interests. I know for a fact from my numerous conversations with several of them that they have similar concerns that they could possibly be in the situation that Queensbury is currently in most of them did not have a hard time supporting it. All five Queensbury Supervisor's did support it, it past seventeen to two with one abstention. For something of that nature, it was remarkable at the County it was supported overwhelmingly. I think that Queensbury Town Board REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 718 should follow through with our own support. For that reason, I am going to be voting no on this resolution. COUNCILMAN BOOR-Since it is my resolution rebuttal. SUPERVISOR STEC-Go ahead. COUNCILMAN BOOR-They should be following through on our resolution it's the only way around it. It should eminent here before it gets there. The fact that you went there before the very board that should be reviewing this that's the problem I have. You did it with the notion I've got.. . SUPERVISOR STEC-I was told I had four. COUNCILMAN BOOR-Yeah that bothers me also, Dan. You told you had four and I don't know where you got that information, but I never said that I wanted this to go onto the County before this board voted on it. SUPERVISOR STEC-I didn't say you did. COUNCILMAN BOOR-Of course, it wasn't me. RESOLUTION DEFEATED RESOLUTION DIRECTING TOWN SUPERVISOR TO REQUEST THAT WARREN COUNTY BOARD OF SUPERVISORS NOT FORWARD RESOLUTION 439 OF 2005 TO NEW YORK STATE LEGISLATURE UNTIL AFTER PUBLIC HEARING RESOLUTION NO.: 405, 2005 INTRODUCED BY.~ Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY Mr. John Strough WHEREAS, the Warren County Board of Supervisors adopted Resolution No.: 439 of 2005 requesting that the New York State Legislature enact an amendment to Tax Law Section 1262 to provide, among other things, that net collections from sales and use taxes imposed by Warren County (set aside for allocation to the towns and villages therein) be distributed between the towns and their villages directly in proportion to their respective populations, with the exception of the Village of Lake George in the Town of Lake George, where the amount to be paid to the Village therein shall remain as historically established (by the ratio that the full evaluation of real property in such Village bears to the full evaluation of property in the entire Town), and the County Board directed its Clerk to forward copies of such Resolution to Senator Elizabeth Little and Assemblywoman Teresa Sayward, and REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 719 WHEREAS, the Queensbury Town Board wishes to directs its Town Supervisor to request that the Warren County Board of Supervisors not forward its Resolution No.: 439 of 2005 to Senator Little and Assemblywoman Sayward until such time as the Queensbury Town Board conducts a public hearing to consider the proposed amendment to Tax Law Section 1262, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to request Warren County not to forward Warren County Resolution No.: 439 of 2005 to Senator Little and Assemblywoman Sayward until such time as the Queensbury Town Board conducts a public hearing to consider the proposed amendment to Tax Law Section 1262. Duly adopted this 15th day of August, 2005, by the following vote: AYES Mr. Strough, Mr. Boor NOES Mr. Turner Mr. Brewer, Mr. Stec ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 406, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 15th day of August, 2005, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner Noes: None Absent:None Respectfully Submitted, Darleen M Dougher Town Clerk Town of Queensbury REGULAR TOWN BOARD MEETING 08-15-2005 MTG#38 720