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2009-04-06 MTG#15REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 REGULAR TOWN BOARD MEETING APRIL 6, 2009 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL CATHI RADNER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY WATER SUPERINTENDENT, BRUCE OSTRANDER ENGINEER, CHRIS HARRINGTON PRESS TV 8, POST STAR MTG#15 RES# 115-131 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI 1.0 PUBLIC HEARINGS PUBLIC HEARING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE CERRONE SUBDIVISION PUBLICATION DATE: MARCH 27, 2009 OPENED 705 SUPERVISOR STEC-This is regarding a nine lot subdivision in the area of Corinth and West Mountain Road intersection. I know that our Legal Counsel and Water Department have gone through this Map, Plan, and Report with that said; I will open the public hearing. If there are any members of the public that would like to comment on this Establishment of an Extension to the Water District in that part of Town I will just ask that you raise your hand I will call on you one at a time. NO PUBLIC COMMENT SUPERVISOR STEC-Is there any correspondence Karen? DEPUTY CLERK, O'BRIEN-No. SUPERVISOR STEC-With that I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE CERRONE SUBDIVISION RESOLUTION NO. 115, 2009 INTRODUCED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 706 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision (Subdivision) on the west side of Corinth and West Mountain Roads in the Town of Queensbury in accordance with New York Town Law Article 12-A, and WHEREAS, this small portion of nine (9) lots in the Subdivision is necessary only to include all developable portions of nine (9) lots which already were in the Queensbury Consolidated Water District and which already were benefited by the Water District, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Nace Engineering, P.C., concerning the proposed water district extension to include this small portion of these lots and will connect the Subdivision to the existing Queensbury Consolidated Water District water main along West Mountain and Corinth Roads as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, on March 23rd, 2009, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller's Office, all as required by law, and REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 707 WHEREAS, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension on Monday, April 6th, 2009 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension in accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review is not required, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize, and approve the Water District Extension (to serve the Cerrone Subdivision) to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 3. All property and property owners within the Extension are benefited; 4. All benefited property and property owners are included within the limits of the Extension; 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water District Extension to serve the Cerrone Subdivision to the Queensbury Consolidated Water District and the Extension is in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided, subject to the adoption of a Final Order by the Queensbury Town Board, and REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 708 BE IT FURTHER, RESOLVED, that this Resolution is also subject to a permissive referendum in the manner provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice of this Resolution as may be required by law. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT: None CONTINUATION OF PUBLIC HEARING - 2009-2011 FH2E PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FH2E COMPANY, INC. PUBLICATION DATE: JANUARY 23, 2009 SUPERVISOR STEC-Again, this is a continuation of a public hearing that we had started at least a month ago. The numbers haven't changed, but we kept the public hearing opened because we knew that we also wanted to continue to try to work on the negotiations of the language as it pertains to the creation of a service corporation. It is kind of new to the Town to the Town Board and actually North Queensbury isn't the only one that has done this West Glens Falls has as well. Although we have already closed their public hearing, but just for public information that is the first resolution under the resolutions portion of our meeting tonight for us to consider. Two and a half weeks ago the Town Board met in a Workshop meeting I wasn't present, but he other four board members were with both North and West to discuss this. It is our understanding that at the meeting there was a tentative agreement on how to modify the language to basically provide as the Town Board desired some added level of knowledge or oversight or whatever verb you might want to call it to the goings on of these other two entities that had been created one for West and one for North. I think the discussion settled around wanting to know what was going on financially with them. The contract language already included a lot of provisions about future disposition of company assets specifically large apparatus and real estate; however, there was a question as to how much we wanted to know about the financial status of that other entity. The tentative agreement was that the association or service corporation the second entity recently created by these fire companies would agree to provide the Town Board with a letter pledging to provide copies of their nine ninety IRS filings, which essentially has all the relevant financial information that the Town would be interested in. Again, we think that the contract language adequately cleaves out and separates the two entities financially so that the Town's main focus here is the disposition of taxpayer's fund and making sure that taxpayer's funds aren't inappropriately being moved back and forth between the two entities. We think and our Attorneys think and I think the Board may think that we now landed at that point that satisfies the Town anyway. With that said the public hearing is still opened and I will take any public comment that we have. I will ask that people raise their hand one at a time I will call on you state your name and address for the record. These microphones not only amplify, but they record for the purpose of the record. Again, this is regarding North Queensbury Fire Contract, which is a proposed three year contract 2009, 2010, and 2011. It actually goes down a little bit for the 2009 year from three hundred and twenty eight thousand to three hundred and twenty seven thousand. Then for subsequent years it goes up a little bit from a total of three twenty eight to three twenty seven this year. Then 2010 would be three hundred twenty nine thousand one hundred then the year 2011 would be three twenty nine five hundred so with that said is there anyone that would like to comment further on this public hearing. REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 709 JOHN SALVADOR-I am a resident in North Queensbury. One general question is coming up more and more often with regards to these fire contracts why don't we have a standard contract form for all five fire companies? SUPERVISOR STEC-The short answer is with the exception of this most recent wrinkle with the West Glens Falls and North Queensbury's Contract and these extra entities that essentially the terms in the contract are essentially identical another curve ball this year is North Queensbury Fire has asked for and the Town Board is considering a three year contract. The other ones typically we had kept them at the same terms, but as far as the nuts and bolts of the eighteen or twenty page contract they are more or less identical. We strive for that sometimes to the frustration of some of the fire companies, but by and large we do try to keep it as boiler plate as possible. MR. SALVADOR-There are significant differences now really significant differences. The three year contract why not the other companies the question has already been brought up. With respect to the fire company making available their form nine ninety the form nine ninety is available on line they don't have to agree to give it to you it is public information. Also it is not sufficient why do you think the IRS conducts audits because the reporting mechanism isn't sufficient to tell the whole story. There are reasons sometimes for them to delve behind the numbers and to conduct an audit follow the money is the expression. So, I believe those corporations that are being set up should be subject to the audit that you perform in any case the same thing perform in any case same thing audit that whole operation. This agreement that is before us tonight has also got significant changes in it. I read here that the Town Board of the Town of Queensbury is entering into a contract with an organization called the North Queensbury Volunteer Fire Company No. 1, Inc. We have never had a contract with that organization it has always been simply North Queensbury Volunteer Fire Company, Inc this is a new corporation. SUPERVISOR STEC-I will let the fire company address that the title of the Resolution and the Agenda all reflect North Queensbury Volunteer Fire Company in the title of the Agreement it does say No. 1, Inc. I do know that West Glens Falls Fire does go by West Glens Falls Volunteer Fire Company No. 1, Inc. there are no others that is their name. COUNCILMAN BREWER-That's because they have a station. SUPERVISOR STEC-I am going to guess if it is an error we will correct that easily tonight. It may be an error that was carried over in the legal department we will find out, but I think you are right. MR. SALVADOR-They are incorporated and they have incorporation papers and the incorporation papers gives the purpose of the corporation. If you have the wrong title in there the contract is nullity. SUPERVISOR STEC-John, I just got done explaining to you that it might be a typo. MR. SALVADOR-Pardon me? SUPERVISOR STEC-I just got done explaining to you that it might be a typo. MR. SALVADOR-A typo, typo, okay you will search that out. SUPERVISOR STEC-We are going to find out as soon as you are done talking I am going to venture. MR. SALVADOR-Also, I believe in the agreement here in the preamble you should also include the date that the corporation was formed and also the purpose of the corporation. I am finding out that there are different types of fire corporations and it goes to their purpose. If this is a fire fighting corporation it should so state if it is not for purposes of fighting fires then it should also state. COUNCILMAN BREWER-What would a fire companies purpose be if it wasn't fighting fires John? REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 710 MR. SALVADOR-You will find out that these additional corporation not-for-profit corporations they are forming are not for purposes of fighting fires. COUNCILMAN BREWER-But, they are not called North Queensbury Volunteer Fire Company. SUPERVISOR STEC-We are not entering into a contract with them John. MR. SALVADOR-They have the term fire fighters in there they have all the presence of being a fire fighting organization and yet in their incorporation document they are not for purposes of fighting fires. COUNCILMAN METIVIER-This contract lists what their duties are it spells it out. MR. SALVADOR-The contract may, but it is always subject to interpretation. COUNCILMAN METIVIER-The contract does list their duties. SUPERVISOR STEC-Right. John like we have for the past ten I am going to venture a guess many more years than that this is a contract for services for anon-profit company. This contract although some of the paragraphs from year to year may change a little bit given the situation the nature of the relationship between the Town and these five fire companies and three rescue squads has not changed. Their obligations to the Town are defined in the contract for a fee. MR. SALVADOR-In addition it says here in after referred to as the fire company I think you should insert the word volunteer fire company. There are different kinds of fire companies this one is a volunteer fire company and I believe it should so state for clarity. We talked about the three years on page 2, paragraph 2, Fire Company Duties. The fire company shall be and remain duly incorporated qualified under Section 501 (c) (3) of the United States Internal Revenue Code what if they lose their 501 (c) (3) statuses? SUPERVISOR STEC-Like any other part of their contract they would be in violation of the contract they would have to remedy that with the Town. MR. SALVADOR-Would the contract then be a nullity? SUPERVISOR STEC-That would be a conversation that we would have with the Town Counsel at that point John. MR. SALVADOR-I can tell you I am pursuing that issue as to whether or not these volunteer fire companies are functioning within the perimeters defined in 501 (c) (3) of the Internal Revenue Code. Page 4, F. The fire company may response to calls for mutual aid assistance under terms and conditions of the New York State Mutual Aid Law does the law in fact require them to respond? MR. SALVADOR-They need to follow the law John. MR. SALVADOR-Seems to me when you say may respond you don't need the sentence you don't need it in there. If the law requires them to respond that's another thing and if the law doesn't require them to respond why the law? I think that word may should be checked and if they in fact are required to respond according to the law that should be written in there. Paragraph G says, notwithstanding anything to the contrary herein, nothing in this Agreement shall be deemed to prevent the Fire Company from participating in conventions, parades, meetings, and schools of instruction, both within and without the Town of Queensbury at what cost? Is there any cost for this participation that the taxpayer pays for? SUPERVISOR STEC-Again, John it is a contract for service they get a set amount of money from us laid out to be used a certain way. There are things like uniforms that they are not to use Town money for that has been a little point of contention for some of the companies off and on over the years. REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 711 MR. SALVADOR-It says nothing is this agreement shall be deemed to prevent this is a wide open door. Are we paying for the cost of them participating in conventions, parades, meetings, schools of instructions within and without the Town of Queensbury is it just a question? H, 1, still on page 4, monies provided in accordance with this Agreement shall be used in accordance with the budget. The budget doesn't have much detail then you give them the privilege to shift money between different budget accounts how can you tell without a detail breakdown of the budget the operating cost that is whether or not they need to shift monies around. H, 2, notwithstanding anything provided in the budget, it is agreed that none of the Town funds shall be used for purposes of payments of banquets or awards, fund raising activities, etc. Then down below you say except that these restrictions shall not prohibit reimbursing members for telephone calls, food and beverage, and other business expenses. I think what you are trying to say is if they are on a business trip a fire protection business trip then their expenses are reimbursable I can understand that, but this doesn't say that one sentence negates the other. There is no mention here on page 7 Town's Responsibility to Pay you have the budget items for the three years. Then further on there is an Exhibit A attached there is no reference in your budget agreement to pay tying that number to the breakdown in Exhibit A. Again, on page 7 that would be paragraph 6 from the proceeding paragraph H. Fire Company books and records shall be subject to an independent audit by a Certified Public Accountant. I think we should include there the additional corporations that they are forming and that would protect us the form nine ninety doesn't do it certainly doesn't do it. COUNCILMAN MONTESI-What would it protect us against? MR. SALVADOR-Where the money is coming from that's what we don't know today, I don't know Ron have you ever had a sales tax or an IRS or State audit? COUNCILMAN MONTESI-Yeah. MR. SALVADOR-What do they look at where is the money coming from and where it is going and is it authorized to go that is the purpose of an audit. Page 8 under terms of the agreement we find a whole new subject being brought up here and that deals with the event a Village is incorporated within the fire district etc., etc., there is a method here for apportioning the monies that this company will receive depending on whether or not the Village is formed. You say here incorporated within the Fire Protection District there is a plan to incorporate a Village that would be without outside of the Fire Protection District. SUPERVISOR STEC-How so John? MR. SALVADOR-The Town of Fort Ann that portion of the Village in the Town of Fort Ann. If a contract was made with this Fire Company for fire protection in the newly formed Village they would have a greater area it would be because it is an area outside of the Fire Protection District. COUNCILMAN MONTESI-There is a Fire District from Fort Ann outside of Queensbury they would have to negotiate which one is going to do what. What we are saying is if the Village is formed we are not going to pay (we) the Town of Queensbury we are not going to pay for fire protection within the new Village they would have to negotiate with whoever, which ever fire company is going to take over that Village they may be, too that's all we are saying. MR. SALVADOR-This Fire Company could be out there high and dry with a lot of expenses and not a lot of revenue. COUNCILMAN MONTESI-It could not serve the part that's the Village. That is probably going to be a competitive situation. Fort Ann may say here is what we are going to charge you and North Queensbury this is what we are going to charge you. MR. SALVADOR-Restrictions on Purchase, Sale or Disposition of Fire Company Assets that is paragraph 5 on page 9 why limit this to five thousand dollars that's a lot of money REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 712 with the value of fifty thousand dollars or more without prior approval by resolution of the Town Board that is a lot of money. COUNCILMAN MONTESI-Any vehicle, I mean even the Chief s car. SUPERVISOR STEC-That is probably why the threshold exists there to differentiate between non traditional fire apparatus, i. e. difference between a pickup truck or SUV verses a ladder truck or a tanker and engine. MR. SALVADOR-The paragraph reads the Fire Company agrees not to purchase or enter into any binding contract to incur debt of any amount or purchase any piece of apparatus, equipment, vehicles, real property or makes any improvements thereon with a value of fifty thousand dollars or more. That means under fifty thousand dollars they are free to do anything they want. I can see them buying a chassis for forty thousand then the cab for thirty thousand why the fifty thousand I think it should all be under your... . COUNCILMAN MONTESI-When did the fifty thousand get in there? SUPERVISOR STEC-That fifty thousand number has been in every contract that I can remember. COUNCILMAN MONTESI-Okay that is what I am asking. SUPERVISOR STEC-Going back nine years John. MR. SALVADOR-Paragraph C on page 10 you talk about related party's transaction. Your auditor has reported to you on a couple of occasions that this activity is going on and it doesn't have the approval of the board as you are requiring it here. SUPERVISOR STEC-Which board? COUNCILMAN BREWER-The Board of Directors. SUPERVISOR STEC-I want to be precise. MR. SALVADOR-Fire Company Board of Directors. I have specifically foiled some information in this regard haven't gotten any answers yet there are open questions here on 2007 expenditures we are already in to 2009 we have open issues. Paragraph D. In recognition that the payment made by the Town in accordance with this agreement constitutes nearly the entire budget of the Fire Company I think you should insert the term there entire operating budget. Also, at last weeks meeting two weeks ago I read to you a paragraph in the 1997, 1998, 1999 budget a sentence from a paragraph. It said any money that is left over in any particular budget line shall be used for either one or two purposes. The Town here was very protective of any over budgeting.... COUNCILMAN BREWER-To protective Mr. Salvador we found the answer out to that question the Comptroller's Office said it was against the law to do that, that is why it was taken out. MR. SALVADOR-The Comptroller's Office said that? COUNCILMAN BREWER-Yeah. MR. SALVADOR-You have that some place? COUNCILMAN BREWER-I am sure we do, but that was the answer that we got. ATTORNEY RADNER-This isn't a dialogue this is a public hearing to solicit comments before the Town Board.. . REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 713 COUNCILMAN BREWER-That was in prior contracts we got a letter from the Comptroller's Office stating that it was illegal to that. We contract for a service we pay a price..... SUPERVISOR STEC-I am not sure it was a letter Tim. COUNCILMAN BREWER-Or conversation. SUPERVISOR STEC-If you say there was a letter he is going to ask to show him a copy of it. COUNCILMAN BREWER-A copy of it that was the answer that we got. SUPERVISOR STEC-The bottom line is ten years ago it wasn't done correctly John now it is being done correctly. MR. SALVADOR-In the event that you over fund one of these Fire Companies generously over fund. SUPERVISOR STEC-You heard what our Attorney said this isn't a dialogue so let me just answer the question and allow you to move on. State Law says that for Fire Protection Districts our contract with them for their service is for a definite sum that is the word that the State Code uses, State Law says for a definite sum. If you don't use some of it give it back or do something else with it is not in accordance with State Law. MR. SALVADOR-This has resulted as I told you once before and the sum total of about nine hundred thousand dollars, excuse me a little over nine hundred thousand dollars that these Fire Companies had in their possession. SUPERVISOR STEC-Some of it is from restricted vehicle funds of the past a lot of it. MR. SALVADOR-No, vehicle funds doesn't include vehicle funds. These are monies left over that they have been able to retain instead of being in your surplus it is in their surplus. SUPERVISOR STEC-John, I just got done explaining to you pay attention it is for a definite sum they are going to provide protection we are going to give them X thousands of dollars period. MR. SALVADOR-Then why do you have all this language in here. SUPERVISOR STEC-That is just it that is a good question there are other fire contracts in the area not in the Town of Queensbury that are two page documents and not eighteen page documents. MR. SALVADOR-Maybe it is a different organization of Fire Company. SUPERVISOR STEC-Some of it is district some of it is not. MR. SALVADOR-In any case I don't know that the North Queensbury organization is Volunteer Fire Company No. 1 unless they have indeed incorporated that way and that can't be a typo Mr. Stec a lot of letters in there. SUPERVISOR STEC-John when you are working off of a document for West Glens Falls Fire Company No. 1 and you amend that document for the next Fire Company that is how something, maybe they are No. 1, and we have had it wrong all these years before, but we are going to find that out here momentarily. MR. SALVADOR-Thank you. SUPERVISOR STEC-Is there anyone else that would like to comment? REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 714 PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-North Queensbury the information that you have in there if a Village is formed just my dumb old mind that is going to be quite a move. If the Village is formed and the Fire Company supplies service to them all the original contracts that are signed by Fire Companies may fight fire in the Town of Queensbury period. I am just wondering if this thing all comes together if the public will be involved in this contract talk if North Queensbury gets involved in it before it is all settled. SUPERVISOR STEC-Before what is settled the Village or an amended contract? MR. TUCKER-If they go into negotiations with the Village if the public will be involved before you guys all agree. SUPERVISOR STEC-To amend any of these fire contracts for whatever reasons it requires a public hearing Pliney so the answer is yes the public will be involved. MR. TUCKER-There will be a public hearing. COUNCILMAN BREWER-If we amend any contract we have, too. SUPERVISOR STEC-If the language in the contract says if a Village is created then we will amend this agreement based on a formula. To discuss that amending that agreement would require us to have a public hearing and a new agreement and that requires a public hearing not optional. MR. TUCKER-I guess you answered it for John, but I didn't hear it all. How come these guys are getting a three year contract with the way the economic situation is? SUPERVISOR STEC-I'll tell you I'd venture a guess that any company that came in and said we want a three year contract and freeze the number at essentially the same number that it was last year I suspected the Town Board would have considered them very favorably. MR. TUCKER-They were the only ones. SUPERVISOR STEC-They were the only one that asked for one. MR. TUCKER-The only one you could grab. SUPERVISOR STEC-And offered here is our number the number went down the first year and basically is two thousand dollars higher in year three than it is this year. There is risk on their part sure anytime you enter into a contract negotiation there are risk the longer the term the more the risk. but they are the only one that offered a three year proposal like they did. You are right we used to have three year contracts I think State Law allows us to go up to three years. MR. TUCKER-I was just wondering how come. SUPERVISOR STEC-That's why. MR. TUCKER-You wouldn't have this hassle if you got them on to a three year contract you are going to get it once in a two year term. Can I talk about West Glens Falls for a minute? SUPERVISOR STEC-No. MR. TUCKER-I got a wait.. . SUPERVISOR STEC-In a minute. I mentioned to you two weeks ago when you asked that question and the answer is the same we will take your comment when we take comment on resolutions here this is on North Queensbury. MR. TUCKER-Okay. REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 715 SUPERVISOR STEC-Thanks though. Is there anyone else that would like to comment on this public hearing or would anyone like to clarify the No. 1 verses non No. 1? ATTORNEY BRIAN REINBACH-Mr. Stec I would like to make a brief statement. SUPERVISOR STEC-Yeah just grab a seat. ATTORNEY REINBACH-Gentlemen what we would like to do if you'll indulge us is I would like to make a few brief comments and answer some of Mr. Salvador's concerns and comments. Then John Hodgkins who is the Treasurer of the Company would like to make a few comments as well to address them. First of all, I am fairly certain having been the individual on behalf of the Fire Company who negotiated the final draft of the agreement that the No. 1 language is a typo. SUPERVISOR STEC-It is better phrased perhaps clerical error the number of key strokes involved between the difference of a typo and a clerical error seems to be at issue. ATTORNEY REINBACH-I would say a lawyer error let's avoid blaming anyone else. SUPERVISOR STEC-You know what I am very comfortable with that Mr. Salvador agrees we all agree to call it a lawyer error just for the record it is not No. 1. ATTORNEY REINBACH-It is not No. 1. SUPERVISOR STEC-I am going to suspect that it was a carry over from other draft language as these two were worded because I know that West Glens Falls is West Glens Falls No 1. If we could amend language I think it just appears really in that preliminary language of their contract. ATTORNEY REINBACH-Let me additionally clarify by saying lawyer error I am not talking about Mr. Hafner. SUPERVISOR STEC-I knew who you were talking about our lawyers are virtually impeccable. ATTORNEY REINBACH-I would say impeccably. SUPERVISOR STEC-Thanks that was kind of you. ATTORNEY REINBACH-On to the substance of the comments Mr. Stec. My guess as to the reason that the terms are not all consistent in all the contracts or all the Fire Companies is that you are dealing with five individual separate Fire Companies. This is not one department with identical cookie cutter companies these are five individual companies who contract to provide service to the Town of Queensbury as you indicated that is why they are not completely consistent. Next there was a lot of comment about the form nine ninety that the Service Corporation has agreed to provide and we have a letter tonight from the President of the Service Corporation agreeing to provide that nine ninety during the term of the contract every year. Mr. Salvador indicated that the IRS conducts audits that is exactly our point. If there is a problem the IRS will conduct an audit you need not trouble yourselves with that. It is a separate entity not a dime or even a penny of taxpayer funds will make its way to the Service Corporation. It is all privately raised money for the non- profit corporation. Mr. Salvador made an additional comment that bears addressing here he wants to know where the money comes from. I would submit that is exactly the reason to keep that information from Mr. Salvador. If, I were a contributor to the North Queensbury Fire Fighter Service Corporation I certainly would not want Mr. Salvador knowing how much I gave or when those contributors should be protected. If they choose to make a donation to this Fire Fighter Service Corporation to support the Fire Company that is their private business. I would not want Mr. Salvador bringing my name and the amounts up here in a public form the IRS does perform audits and if one is necessary they will do that. An additional concern was raised if a Village is incorporated in any area or protection outside of the Town of Queensbury and Fort Ann. I would submit that is not something that the Town REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 716 of Queensbury Town Board needs to concern itself with either. If the Fire Protection extends into the Town of Fort Ann I would think that will be something the Town of Fort Ann would want to worry about. What, we tried to do in this agreement is to come up with language that would provide in the eventuality of a Village being incorporated that the Town would pay only its fair share and the company would have to only provide fire protection in accordance with its legal requirements to any Village that is incorporated and to the Town. If that language will not accommodate that need and you gentlemen feel that way I would be more than happy to reopen that issue with Mr. Hafner, but we agree with that language and we think it accomplishes that goal. Finally, Mr. Salvador has raised his claim that he has not received answers on foils I can personally assure the board that it is not the case. I have drafted and I have worked with Mr. Hodgkin's here on drafting many responses to many of Mr. Salvador's correspondences some of them are foils some are not. My understanding of foils after having been the individual in charge of administering a foil program at two state agencies is that a foil is a tool to enable members of the taxpaying public or members of the general public to access documents that already exist. It is not a tool for an individual to go on a fishing expedition and engage in a written debate concerning a subject. It is not a tool to allow that individual to make unsubstantiated allegations, accusations, implications, threats and have those responded, to. Nor it is a tool to allow him to compel the creation of documents that do not exist. Each and every correspondence for Mr. Salvador has been evaluated to see whether it compels with foil whether it seeks a particular document or an item of information that exists. If it does and the item is not excluded from foil coverage he is provided with a copy of it. Many times what Mr. Salvador submits are not request for information they are invitations to debate or they are accusations, or implications we do not respond to those and we will not in the future. SUPERVISOR STEC-How is that going for you can we get a copy of that manual if it works. ATTORNEY REINBACH-The manual is in the McKinney Books Mr. Stec. I believe that covers all my responses to Mr. Salvador, Mr. Hodgkins has a couple of comments he would like to make. JOHN HODGKINS, TREASURER OF FIRE COMPANY-I want to make a couple comments first on our budget that Mr. Salvador brought up. If we look over our budget for the last fifteen years I think you will find that we have increased in the past fifteen years less than one percent per year on average. The Town of Queensbury on the other hand the total fire budget has gone up about three percent per year so we have been fairly responsible. We also have a consistent budget when you look at our budget year after year and look at our spending and you go through the audit and review it you will find out that the spending on such things as fire equipment, turn out gear or refreshments are fairly consistent are not showing any spikes or anything out of the ordinary. In fact, one thing I think what Mr. Salvador does he brings up a lot of point, but it is what he doesn't say. Mr. Salvador has not told the public that the Town of Queensbury has requested an audit for the last fifteen years. This Town Board and different members of the Town Board to review that audit and they have approved the audit and our own board has approved the audit so those audits have been available. As far as other money comes in where he has talked about he has kind of made our case for setting up a separate corporation. The fact is the reason for setting up a separate corporation is because people are always saying where is this money coming from where is that money going, what is it being used for if it is being used for parties, donations, where is it going. By separating these two corporations we have a very solid agreement here with the Town it says exactly where the money is suppose to be spent from taxpayer money, how it is suppose to be spent when you receive an audit it will detail out that information just as it has every year. One thing you will find is that the audit won't have is a separate line item a separate column that says, here are the non tax money they called it non Town money in the audits that will be removed and from now on that will be spent from our other corporation. It is money that is donated it comes in donated you won't have the irregularities saying why is there a Christmas Party here it won't exist anymore how it is being spent. He has made our case to have a separate corporation the reason we want to keep it separate. I think the other thing he doesn't point out you didn't hear when he was talking about our building and different construction the building we are in right now two hundred thousand of it came from non tax money so when we were paying the building off the first two hundred REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 717 thousand came right off of donated money in fact, the land the building sits on was also donated money that came through. Mr. Salvador a couple weeks ago and I want to bring this up because he was talking about the sale of our own building. One of the comments he made is when we sold our old building the money was suppose to go down and pay down our mortgage what he didn't tell you is that the money went to buy another fire truck. We went out and we bought a three hundred and fifty thousand dollar fire truck only borrowed a hundred and thirty five thousand part of it came from the proceeds of a sale of our building some it was truck fund money because there was truck funds available and other money was probably donated that came through and this went on for years that information hasn't been... The other thing is Mr. Salvador and I think Brian just said it he has foiled a number of things and he has received all this information. He either doesn't understand some of the documents as he has requested or he might be misrepresenting some of the information that is coming out of those documents. He has received depreciation schedules, he has received audits, he has received our budget, you know how many things he has requested from the Town he has this information. There is a trail it says follow the money the money is easy to follow right through and where the money has been spent, I think that is all I have. I would like to say, I think our budget is very reasonable asking for a three year budget when we are going to go and basically keep this budget flat for not only three years forward if you look the last couple years back it is the same budget going through. We are prepared to buy equipment with it service our place meet the obligation of our contract SUPERVISOR STEC- I don't think there is a sole in the country that wouldn't take a federal budget or state budget that has the percentage changes as the budget that we are considering adopting for you for the next three years. The letter that we talked about with the nine ninety if you have it and its ready I will take it from you. I do have a copy of a signed letter from West Glens Falls Association as well I will take that and I'll make sure that they make their way into our files as part of the record and make sure all the Town Board members get a copy as well any other comments while I have you all. ATTORNEY REINBACH-Mr. Stec I would like to thank the board for their cooperation their willingness to work with us and listen to our points during the Workshop Meeting going into it I had not been a part of one of those before I didn't know what to expect. I was struck by the flexibility and the willingness of all the Town Board members who were there to listen to the points we made and to engage in a real constructive dialogue we appreciate that. SUPERVISOR STEC-I don't think I gave you any grief at all did I? ATTORNEY REINBACH-You did not. COUNCILMAN BREWER-That's why it went so smooth. COUNCILMAN MONTESI-There was one question that Mr. Salvador raised on page 10 D. We said nearly the entire budget as a point of record should that have said Operating Budget? SUPERVISOR STEC-I don't think so. COUNCILMAN MONTESI-I am only asking the question. COUNCILMAN BREWER-Where are you Ron page ten? COUNCILMAN METIVIER-Ten D, second line. COUNCILMAN BREWER-I don't think it really matters. SUPERVISOR STEC-You are not getting a significant chunk of three hundred and twenty seven dollars from somewhere else. ATTORNEY REINBACH-It is nearly the entire budget. REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 718 SUPERVISOR STEC-Right. I think it is factual to say it is nearly the entire budget operating or otherwise. MR. HODGKINS-Again, Ron to look at that if you are going to look back at like the past audit you are going to find we also had income from donations and interest from our different accounts we have from the donated money over time that no longer will be there it will be in the new corporation so this is the entire budget you are going to be looking at when an audit comes through you will be able to trace it right down. The only add on item I would say would be Foreign Fire Tax and Foreign Fire Tax will remain with the Fire Company because it is paid out to the Fire Company those expenditures that are proper to be used under Foreign Fire Tax will be reflected in there that would be the only item that will be in the other column. COUNCILMAN BREWER-So nearly is correct then. SUPERVISOR STEC-That number is approximately ten thousand dollars. MR. HODGKINS-Approximately ten thousand dollars, correct. SUPERVISOR STEC-So, ten thousand dollars against the three hundred and twenty seven thousand budget is a tiny portion. MR. HODGKINS-We have to use those in accordance with the rules of Foreign Fire Tax I think Tony explained that real well one meeting. COUNCILMAN STROUGH-Isn't the Foreign Fire Tax just kind of a rebate on the insurance though that the taxpayers pay for. ATTORNEY REINBACH-It is not taxpayer's money strictly. SUPERVISOR STEC-It is rate payers. COUNCILMAN STROUGH-It is a homeowner's rebate? COUNCILMAN BREWER-Right. MR. HODGKINS-It will be. You will see that because that will be in the Fire Company budget John. That is how it is paid to it is going to be paid to the Fire Company we have to spend it for the... of pleasure of the fireman that is how Foreign Fire Tax is set up I know some people might want to debate that, but that is the legal method it was set up by the Legislature. COUNCILMAN MONTESI-That could buy uniforms. MR. HODGKINS-It has to use something that is equally every fire person has to be able to receive an equal amount how it works it is not a cash thing. ATTORNEY REINBACH-It has to benefit the company as a whole not an individual. SUPERVISOR STEC-The public hearing is still open if there are any members of the public that would like to comment. KATHLEEN SONNABEND-One comment about the budget being flat for three years right now we are hearing about budgets being cut. I would caution you that having a flat budget for three years may not turn out to be such a great deal. Secondly, 501 (c) (3) are usually private charities they usually don't get a lot of government funding if they do the government should have the ability to see what is going on within that organization so I question Queensbury providing so much of the cost of running these Fire Companies and allowing them to make private activities that are going on that use the facilities that Queensbury has primarily paid for. REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 719 SUPERVISOR STEC-Are there any other members of the public that would like to comment for the first time, anyone for a second and final time. MR. SALVADOR-I didn't think I was being invited to a roast. In any case with regard to these donations that they talk about there are rules governing reporting on donations receipts have to be given all that sort of thing and this all becomes a part of their record. Sizable donations that people would use for a tax deduction or that are administered by a Probate Court are a matter of public record so that is not a private thing that is very public. Thank you. SUPERVISOR STEC-Thank you. Is there any other member of the public that would like to comment of this public hearing for North Queensbury Fire's Contract, seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2009 - 2011 FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 116, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board duly conducted public hearings concerning the proposed Agreement on Monday, February 23rd and Monday, April 6th, 2009 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 720 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD-Spoke to the board regarding West Glens Falls Fire asked what was determined in the Workshop. COUNCILMAN BREWER-Exactly the same letter that we have received from West that we got from North Queensbury is a copy of their nine ninety when they file it to satisfy our questions that we had as far as the money went. MR. TUCKER-Asked if they are going to allow them to take over the other fire station? COUNCILMAN BREWER-They have formed another company they are not taking it over. SUPERVISOR STEC-They own it they are leasing it back to the Fire Company. COUNCILMAN STROUGH-It was requested that the State Comptroller look at this as a precaution want the assurance from the State that everything is okay. SUPERVISOR STEC-Letter has been sent have not received a response it could take several months. MR. TUCKER-Asked how much the Town is involved with the new setup as far as insurance. COUNCILMAN BREWER-Not at all. SUPERVISOR STEC-It is separate from the Town. MR. TUCKER-Asked if the original Fire Company is going to pay them four thousand dollars a month for use of the building? SUPERVISOR STEC-They have a Lease Agreement with the other entity where they owe a mortgage and they are getting a rent the period of those two payments exactly offset each other in the dollar amount so there is no net flow cash it is on paper. MR. TUCKER-Asked where the money is coming from? SUPERVISOR STEC-They said we are selling you the building we are buying the building now we are going to lease the building back the loan repayment equals the rent repayment no new money involved. MR. TUCKER-Asked why this came about? REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 721 SUPERVISOR STEC-The answer received was that the motivation was a liability from an insurance perspective a liability protection. They wanted to create another layer to insulate themselves that was the rational explained to the Town Board. MR. TUCKER-Asked if there was a way that a full financial report can be put together on this whole operation how much the contracts have cost the taxpayers for this calendar year. SUPERVISOR STEC-For fire the contract around two point one million that is part of the Town's budget. The contracts is one line insurance is another line service award contracts is another line those are all lines in the Town's fire budget. COUNCILMAN METIVIER-Asked if Mr. Tucker was asking how close they came? SUPERVISOR STEC-We came in eight thousand dollars under what we budgeted for fire contracts on a two point one million number we were within eight thousand dollars, eight thousand dollars to the good. We did not have to use any fund balance for fire to cover the fire contracts this year that is the first time we haven't had to do that in several years. SKIP STRANAHAN-Spoke to the board regarding the fire fighters noting they are his heroes they are entitled to every nickel that they get paid thinks someone should commend them. Spoke to the board regarding Resolution Appointing Steve Jackoski to as Alternate Member on Queensbury Planning Board, asked if the Workshop Meetings recorded? SUPERVISOR STEC-Audio recorded. MR. STRANAHAN-Asked if they are on line. SUPERVISOR STEC-The minutes are the tape is transcribed by the Town Clerk's Office MR. STRANAHAN-Asked if Lincoln Cathers stepped down? SUPERVISOR STEC-Three people expressed interest Mr. Cathers was one of them we interviewed all three people that expressed interest in the last six months, we did this is the last two months. Anyone who sent a letter of interest since October of last year we interviewed them put an ad in the paper we had three people. MR. STRANAHAN-Mr. Cathers is a man of extraordinary character respects the board's opinion. DOUG AVER, 16 OAKWOOD DRIVE-Spoke regarding the Fire Company contracts noting they have become so complex would like to see them made simpler. Spoke to the board regarding the appointment of alternate to the Planning Board. 3.0 RESOLUTIONS RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2009 RESOLUTION NO.: 117, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 722 Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, February 2"d, 2009 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the West Glens Falls Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF GEORGE CARPENTER FROM WATER MAINTENANCE MAN II TO WATER MAINTENANCE MAN I AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 118, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize the promotion of George Carpenter from Water Maintenance REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 723 Man II to the existing, vacant position of Water Maintenance Man I at the Town's Water Treatment Plant as Mr. Carpenter has demonstrated through an "in-house" written and oral test, plus a demonstration of capability in all Queensbury Water Department equipment that he is ready for such promotion and he meets all Town Water Department criteria for such promotion, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of George Carpenter from Water Maintenance Man II to Water Maintenance Man I at the Town Water Treatment Plant effective on or about April 7th, 2009 at the rate of pay specified in the Town's CSEA Union Agreement for such position for the year 2009, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, Civil Engineer and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009 by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES :None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CLAUDE TROIANO AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 119, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 724 WHEREAS, the Town of Queensbury's Highway Superintendent wishes to fill a vacant Motor Equipment Operator (MEO) position due to the retirement of MEO Paul Pickett, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, and WHEREAS, funds for such position have been budgeted for in the 2009 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Claude Troiano to the full-time Union position of Motor Equipment Operator (MEO) in the Town's Highway Department effective on or about April 7th, 2009, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Troiano's successful completion of apre-employment physical as required by Town Policy, any applicable Civil Service requirements, an eight (8) month probation period, and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that Mr. Troiano shall be paid the hourly rate for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent 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 6th day of April, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES :None REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 725 ABSENT: None RESOLUTION AUTHORIZING SALE OF ROAD WIDENER MACHINE TO WARREN COUNTY DEPARTMENT OF PUBLIC WORKS RESOLUTION NO.: 120, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Highway Superintendent wishes to sell a road widener machine (also known as a shoulder machine) manufactured by Blaw-Knox, Serial No.: 10022-10, Model Number RW-100A, to the Warren County Department of Public Works at an agreed upon purchase price of $45,000, and WHEREAS, by Resolution No.: 158 of 2009, the Warren County Board of Supervisors authorized the County's purchase of such road widener, and WHEREAS, the Town Board wishes to also authorize such sale, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's sale of a road widener machine manufactured by Blaw-Knox, Serial No.: 10022-10, Model Number RW-100A, to the Warren County Department of Public Works for the purchase price of $45,000, and BE IT FURTHER, RESOLVED, that funds received for the sale shall be deposited into the proper Town Highway Department Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 726 ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR OIL AND WATER SEPARATOR SERVICING HIGHWAY DEPARTMENT GARAGE FLOOR DRAINS RESOLUTION NO.: 121, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for installation of an oil and water separator servicing the Town Highway Department garage floor drains as will be more clearly specified in bid specifications to be prepared by the Town's Facilities Manager, Town Engineer and/or Town Purchasing Agent, and WHEREAS, General Municipal Law § 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for installation of an oil and water separator servicing the Town Highway Department garage floor drains in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same 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 6th day of April, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 320,2008 REGARDING AWARD OF BID IN CONNECTION WITH TOWN SEWER UPGRADE REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 727 RESOLUTION NO.: 122, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 300,2008 the Queensbury Town Board awarded the bid for the Town Complex Upgrade of Sanitary Sewer Systems Project (Project) to the lowest responsible bidder, Drilling Technologies, Inc., for a total bid amount not to exceed $55,123, and WHEREAS, by Resolution No.: 320,2008 the Queensbury Town Board amended Resolution No.: 300,2008 to authorize Drilling Technologies to utilize its alternate equipment (`Barnes pumps") in connection with the Project, thereby increasing the total authorized bid amount by $4,600.00 or a total sum not exceeding $59,723.00, and WHEREAS, by Memorandum to the Town Board dated March 5th, 2009 presented at this meeting, the Facilities Manager has advised that during the Project's construction process, issues arose which required modifications to the original scope of work not foreseen by the engineers which resulted in additional equipment, materials and man hours to perform additional work, and WHEREAS, as a result, it was confirmed that Change Order requirements were met and the agreed upon Change Order cost for the work is $3,597.27, which Change Order would increase Drilling Technologies' authorized bid amount by an additional $3,597.27, or a revised total not to exceed $63,320.27, and WHEREAS, even with such proposed increased total bid amount, the original Project budget amount was not exceeded and therefore no additional funding of payment is required, and WHEREAS, there is adequate funding within the current Project budget to support this Change Order, and WHEREAS, the Town Board wishes to authorize the increased total bid amount and amend Resolution No.: 320,2008 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 320,2008 such that the Town Board authorizes Drilling Technologies' Change Order in connection with the Town Complex Upgrade of Sanitary Sewer Systems Project as REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 728 described in the preambles of this Resolution, thereby increasing the total authorized bid amount by $3,597.27 or a total sum not exceeding $63,320.27, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 320,2008 in all other respects. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None RESOLUTION APPOINTING STEVEN JACKOSKI AS ALTERNATE MEMBER ON QUEENSBURY PLANNING BOARD RESOLUTION NO. 123, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Steven Jackoski as such member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Jackoski to serve as an alternate member of the Queensbury Planning Board until such term expires on April 6th, 2016. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES Mr. Strough ABSENT: None DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 729 COUNCILMAN STROUGH-In my opinion Mr. Jackoski may be a fine individual and I don't mean to degrade or be raid him, but we did interview two other people. Those two other people had a long list of advert efforts to make our community a better place. The two people that we interviewed in my opinion had shown a healthy understanding of what is good community design and they both had outstanding resumes so I am just going to be probably a little bit different in my vote tonight because of that I just wanted you to understand it. COUNCILMAN MONTESI-I have a comment also. I was not available when Mr. Jackoski was interviewed so I did my own personal interview with him. I did sit and listen and interview two of the other candidates I was impressed with one of them one of them we refused to reappoint so I put that person out. After talking to Mr. Jackoski I liked his new thoughts and some of his ideas that is how I felt, but I did make the effort to talk to him and interview him on my terms. RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WHEELED PAVER FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 124, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Highway Superintendent wishes to advertise for bids for the purchase of a wheeled paver as will be specified in bid specifications to be prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law § 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for a wheeled paver for the Town Highway Department, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same 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 6th day of April, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 730 NOES :None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BIRCHWOOD ARCHAEOLOGICAL SERVICES TO PROVIDE PHASE II ARCHAEOLOGICAL SITE INVESTIGATION IN CONNECTION WITH RUSH POND PEDESTRIAN ENVIRONMENTAL TRAIL PROJECT LOCUS 7 SITE RESOLUTION NO.: 125, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 to fund expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund #166, and WHEREAS, by Resolution No.: 202,2008 the Town Board authorized funding for a supplement to such Project, and as part of such supplemental Project, authorized engagement of Birchwood Archaeological Services (Birchwood) for an amount not to exceed $6,107 for provision of Archaeological Phase IA/IB services (Cultural Resource Survey), and WHEREAS, by Resolution No.: 510,2008 the Town Board authorized engagement of Birchwood Archaeological Services (Birchwood) for an amount not to exceed $3,440 for the provision of a Supplemental Phase IB Cultural Resource Survey, and WHEREAS, it is now necessary to engage Birchwood for completion of a Phase II Archaeological Site Investigation for the Rush Pond Pedestrian Environmental Trail Project Locus 7 Site for an amount not to exceed $9,999 in accordance with Birchwood's proposal dated February 10, 2009 presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 731 RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of Birchwood Archaeological Services for the provision of a Phase II Archaeological Site Investigation for the Rush Pond Pedestrian Environmental Trail Project Locus 7 Site for an amount not to exceed $9,999 in accordance with Birchwood's proposal dated February 10, 2009 presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from Account No.: 166- 8020-2899, and RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation related to the engagement of such services and the Town Supervisor and/or Town Budget Officer to take any further action needed to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES Mr. Stec ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 126, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 2"d through June 6th, 2009 in the parking lot at 1650 State Route 9, Queensbury to sell motorcycle-oriented products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 732 NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code § 160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 2"d through June 6th, 2009 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriffs Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 733 NOES :None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF APRIL 7~, 2009 RESOLUTION NO.: 127, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of Apri12"d, 2009 and a payment date of April 7th 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of Apri12"d, 2009 and payment date of April 7th, 2009 totaling $775,815.34, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of April, 2009, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None PART 2- SEQRA FORM LONG FORM 1. Will the Proposed action result in any physical change to the project site? NO 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3. Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 4. Will proposed action affect any non-protected existing or new body of water? NO Positive Only REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 734 5. Will proposed action affect surface or groundwater quality or quantity? NO Only Positive 6. Will proposed action alter drainage flow or patterns, or surface water runoff? NO Only Positive 7. Will proposed action affect air quality? NO 8. Will proposed action affect any threatened or endangered species? NO 9. Will proposed action substantially affect non-threatened or non-endangered species? NO 10. Will the proposed action affect agricultural land resources? NO 11. Will proposed action affect aesthetic resources? NO 12. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13. Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO Positive 14. Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO If any positive 15. Will there be an effect to existing transportation systems? NO 16. Will proposed action affect the community's sources of fuel or energy supply? NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18. Will proposed action affect public health and safety? NO 19. Will proposed action affect the character of the existing community? NO Positive Only 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON- SIGNIFICANCE REGARDING PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE BY REPEALING EXISTING CHAPTER 179 "ZONING" AND REPLACING IT WITH A NEW CHAPTER 179 "ZONING" RESOLUTION NO.: 128, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, pursuant to 6 New York Code of Rules and Regulations ("NYCRR") Section 617.6, the Queensbury Town Board is the lead agency under the State REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 735 Environmental Quality Review Act ("SEQRA") for an action consisting of adoption of a Local Law to amend the Town Code by repealing existing Chapter 179, "Zoning," and replace it with a new Chapter 179, "Zoning," and WHEREAS, it appears that the action is a Type 1 action under SEQRA and, therefore, the Town Board prepared Part I of the Long Environmental Assessment Form ("EAF "), and WHEREAS, on February 24, 2009 the Town Board conducted a public hearing regarding the proposed Local Law and SEQRA, and WHEREAS, the Town Board has considered the repeal and replacement of existing Chapter 179, "Zoning" of the Town Code and has reviewed Part I of the EAF, and has completed Part II of the EAF, and WHEREAS, the Town Board has determined that the action will not result in any large or important impacts and, therefore, is one which will not have a significant impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the action will not have a significant adverse impact on the environment, declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration -Notice of Determination ofNon-Significance for this action, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk and Town Counsel to file any necessary documents relating to this negative Declaration in accordance with applicable laws and regulations. Duly adopted this 6th day of April, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES :None ABSENT: None 4.0 CORRESPONDENCE -NONE 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 736 • Pleased that Fire Contracts are complete thankful for fireman for what they do thinks the budgets are fair for what they do it is well worth every penny spent. COUNCILMAN STROUGH • Highway Department doing spring cleanup in the Wards in the month of May for further information refer to the web site www. dueensbury. net Fire Marshal's March Activity Report notes that the Office of Emergency Services has issued a high danger warning for unwanted outdoor fires in the Town of Queensbury. COUNCILMAN MONTESI • Thanked Queensbury High School students for staying to the end of the meeting. • Spoke regarding the adoption of new Zoning Ordinance. COUNCILMAN METIVIER • Meeting next week North Queensbury Firehouse regarding Village of Lake George Tuesday, April 14, 2009 at 5:30 p.m. • Wood Theatre holding Third Annual Fundraiser on Saturday, May 9th, 2009 if interested go to the woodtheatre.org website. SUPERVISOR STEC On April 14, 2009 at 5:30 p.m. at the North Queensbury Volunteer Fire Company Station the Town of Queensbury and Fort Ann will conduct a public hearing regarding the petition for a Village of East Lake George. The purpose of this public hearing is not to debate the merits or wisdom of creating a Village statutorily the Town is following the steps that are laid out in State Law that we have to once a Village petition is submitted to determine the legal statutory validity of the petition. If it meets the requirements then we will follow the next phase of the law to move to having an election on whether or not to form the Village. The election would be only for those people that would live in the Village. • Thanked TV 8 and Sponsors for televising the meetings. The Town's website www. queensbury. net • Thanked the firemen and their families for what they do also noted they have a duty and responsibility to the taxpayers to get as good of a contract as we can for the taxpayers. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 129, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session for discussion of three Step III Grievances with the Union. Duly adopted this 6th day of April, 2009, by the following vote: REGULAR TOWN BOARD MEETING 04-06-2009 MTG# 15 737 Ayes: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer Noes: None Absent:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 130. 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 6th day of April, 2009, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None AB SENT:None No action taken during Executive Session RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 131, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of April, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None AB SENT:None Respectfully Submitted, Darleen M Dougher Town Clerk Town of Queensbury