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2004-05-03 MTG20 626 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 REGULAR TOWN BOARD MEETING MTG. #20 MAY 3, 2004 RES. 230-259 7:04 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL BOB HAFNER WARREN COUNTY SUPERVISOR MICHAEL BARODY DIRECTOR OF COMMUNITY DEVEOPMENT CHRIS ROUND BUDGET OFFICER JENNIFER SWITZER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH 1.0 PUBLIC HEARING 1.1 Public Hearing Regarding Increase In The West Glens Falls Volunteer Fire Company, Inc.’s Budget For the Re-Roofing Of Its Fire Station And Amendment To Fire Services Agreement And Budget NOTICE SHOWN Supervisor Stec-As background for the public and the members of the audience, Jennifer, please correct me if I misspeak. Last year the Town Board by resolution had agreed to cover the West Glens Falls Fire an amount not to exceed eighty-five thousand seven hundred and seventy seven dollars that they had asked repeatedly for over several months to repair the roof. The Town Board had agreed by resolution to do that, however the resolution omitted where the funds were going to come from and in fact it was at least my recollection and those of the rest of the board that I talked to that the intent was that the Town was not going to, not require them to come up with that money themselves but that we were going to fund it. That was not clear in the resolution and it certainly was not amended to their contract. So, in order to fulfill what I think we understood the deal to be we need to take this action tonight which requires a public hearing which we set two weeks ago. Is that accurate Jennifer? 627 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Budget Director Jennifer Switzer-That is accurate. Supervisor Stec-At this time, I will open the public hearing to discuss this re-roofing which it is my understanding has already occurred and really what we are talking about is to produce the eighty five thousand dollars to cover it and add that into their contract which we had not done yet. So, if there is any members of the public that would like to address this resolution or discuss it, the floor is open. The Town Board Members any comments or questions? I did not think so, but? Councilman Brewer-Well, I just want to ask one, will this go back and certainly they have already borrowed the money and made payments on it we will go back and reimburse them for those payments? Budget Officer Jennifer Switzer-It will only start reimbursing them in the current fiscal year in 2004. Councilman Brewer-So, what about the twenty thousand dollars they have already spent? Budget Officer Jennifer Switzer-It was not a full twenty thousand dollars that we had to pay last year and they had agreed to pick that up within their own. Councilman Brewer-They are fine with that? Budget Officer Jennifer Switzer-Yes. Councilman Brewer-Ok. Supervisor Stec-Any other comments from the public at all, or comments or questions from the Town Board? Hearing none I will close the public hearing and entertain a motion. RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S BUDGET FOR THE RE-ROOFING OF FIRE STATION AND AMENDMENT TO FIRE SERVICES AGREEMENT AND BUDGET RESOLUTION NO.: 230. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 628 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, the Town of Queensbury and the West Glens Falls 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, by Resolution 312,2003, the Town Board authorized the Fire Company to engage the services of Monahan & Loughlin to re-roof the West Glens Falls Fire Station for an amount not to exceed $85,777 with the understanding that the Fire Company would incur a 60 month installment debt for the project, and WHEREAS, it was the Town Board’s intention at that time to not only approve the re-roofing project but also approve an increase in the Fire Company’s budget in the amount of $85,777 by increasing the Fire Company’s operating budgets for each ofthe years 2004- 2008 by an additional $20,184 per year for debt service and correspondingly amend the Fire Company’s agreement with the Town, and rd WHEREAS, on May 3, 2004, the Town Board held a public hearing concerning the Fire Company’s re-roofing project, amendment to its 2004 budget and corresponding amendment to its Fire Protection Agreement and heard all interested persons, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on such proposal to facilitate continued provision of necessary fire protection services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Volunteer Fire Company, Inc.’s re-roofing project in the amount of $85,777 and approves an increase in the Fire Company’s operating budget for the year 2004 (the sole year of such Contract) by an additional $20,184 for debt service and correspondingly authorizes an amendment to the Fire Company’s Agreement with the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary documentation, including an amended Agreement between the Town and the Fire Company in form approved by Town Counsel, and BE IT FURTHER, 629 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to transfer funds and amend the 2004 Town Budget as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of May, 2004 by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 2.0 CORRESPONDENCE st 2.1 Memo To Town Board From Jennifer Switzer Subject: 2004 1 Quarter st Sales Tax The Town received 2004 1 Quarter Sales Tax from Warren County near the end of April. The Town received $1,525,145 in gross sales tax, less $375,000 to be left with Warren County for the benefit of the Town of Queensbury taxpayers, netting $1,150,145 received. Although the net revenue received is less than 2003 st and 2002 1 Quarter Sales Tax, it should be noted that the gross sales tax the Town received for the current year is $236,786 more than in 2003 and $160,654 more than 2002. This increase in the first quarter represents an 11.8% increase over the next st highest first quarter revenue received in 2002. 2004 1 Quarter Sales Tax received is the largest gross amount received to date in the Town of Queensbury. 2.2. Memo to Daniel G. Stec, Town Supervisor and Town Board from James T. Coughlin, Solid Waste Facilities Operator re: Free Tire Disposal Day th On Saturday, April 24, the Town held a very successful free Tire Disposal Day. The Town received 1,380 tires, or approximately 18 tons, and the disposal fee for this service was $85 per ton. So the Town ‘s approximate cost for the day was $2,757.71 as set forth below. 667.71 - Labor Cost 560. Hauling Cost 1,530. Burn Cost totaling $2757.71 Approximate Total James T. Coughlin 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 COUNTY SUPERVISOR UPDATE REPORT –COUNTY SUPERVISOR MIKE BARODY WARREN COUNTY SUPERVISOR MIKE BARODY-Updated the Town Board on the activities at Warren County…highlighting the activities of the Warren County Health Services Department..(on file the 2003 Annual Report from the Warren County Health Services Department ) they are providing a very valuable service. Congratulated the 630 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 department for their hard work and proud of the work that they have done. Further updates: County Clerk announced that the housing market is strong 2003 the mortgage tax raised 5.5 million dollars -- Airport Committee voted to expand the Balloon Festival Schedule – Sunday night launch this year. -- DPW noted they have the responsibility for fifty seven bridges and two hundred and fifty miles of road. -- WIC program thanked the Qsby. VFW for housing this program -- Tourism facts, large impact in 2003 total visitor expenditures to our County was Five hundred and ninety eight million dollars, without tourism Warren County Unemployment would climb to forty two percent -- Youth Corp. program for low and first offenders-peer to peer judging, volunteers who are interested in law enforcement or being attorneys - - Christopher Towers nominated for Warren County Youth Board Queensbury Student on the National Honor Society, Key Club. Spanish Club, Quiz Bowl, Warren County Youth Court and employed at Sokol’s Market congratulations to Chris and we are real proud of him… - - Thanked the Board for their time this evening. Supervisor Stec-Additional items at the County -- Warren County Jail, still ahead of schedule and under budget, noting thirty of the rooms are oversized they could house two prisoners at a time in the event of boarding out they will be able to make a significant amount of profit on those double occupancy rooms -- Ski Train, run a train from Saratoga Terminal up through Corinth, Luzerne and up into the northern reaches of the County noted difficulty on a portion outside of the County where the train tracks are privately owned - - Warren County initiated a freeze on the purchase of new vehicles and/or leases without coming to the County Board - - Balloon Festival, Airport Committee recommend to the Board to reinstate the fifth flight funding for Sunday nights that will come before the whole Board in the near future - - Debate on bed tax and should the department be privatized - - Warren County Supervisor Barody-We are trying to represent Queensbury well with the other County Supervisors and let them know we are looking to be open and cooperate in any way we can. 5.0 OPEN FORUM Mr. Pliney Tucker-41 Division Road Queensbury Re: 51/2 acres west of the water plant any news? Town Counsel Hafner-No news. Supervisor Stec-I will have to sit down with Counsel Hafner and get caught to speed the history here. Mr. Tucker-Who is the Fire Chief of W.G.F. Councilman Brewer-John Carpenter Mr. Tucker-They are giving Wells the credit. Supervisor Stec-He is the President. Mr. Tucker-Questioned why a deal could not be met between the County (WIC) and West Glens Falls? Supervisor Stec-Reviewed the history noting that West Glens Falls did have concerns, noting an offer came from the VFW and they are meeting there. Mr. Tucker-Questioned the amount of $550,000 for the Jenkinsville project.. Supervisor Stec-Those dollars came from the Capital Reserve Fund Budget Officer Jennifer Switzer-The original portion came from the Recreation Reserve the second part the four hundred and thirteen thousand dollars came from the Capital Improvement Plan. Mr. Paul Naylor-15 Division Road Re: 7.17 Ltr. from Comptroller requesting funding 631 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Supervisor Stec-Resolution 7.17 is referring to a resolution opposing the State Comptrollers proposal to increase Town of Queensbury 2004 contributions to New York State Employee Retirement System this is identical except for the numbers to a resolution that was passed by Warren County complaining about the same increase that would result to our property taxes… Mr. Naylor-Noted he will write to his Assemblyman. Mr. John Fair-17 Webster Avenue Owns fifty one acres in the Town of Queensbury Off Pickle Hill Road Noted he has a grievance with the town…noted he had been accused of polluting Lake George by cutting some trees down, stopped cutting the trees…wants to put in a tree farm…was requested that if he wanted to put a project in that he had to have the wetlands defined and surveyed…Raybrook, walked the wetlands out, noted he did not mark the trees it did not have to be done…noted he wants to address the Town Board and Planning Board…Spoke on other violations that are taking place… Supervisor Stec-Requested that Mr. Fair make an appointment to meet with myself, perhaps Councilman Boor and Chris Round to go through the maps and paper work and get a resolution and direction. Mr. Dave Margison-18 Hampton Court President of the Local Musicians Union which represents all the professional musicians in our area, Band Director of Queensbury High School and a father of young children that are interested in music and the arts. Requested funding from the Town of Queensbury as a Co Sponsor with the City of Glens Falls in continuing the City Band Concerts that we have been providing for all of our community in the amount of $4,340 each. This is an excellent opportunity to be involved in supporting an arts group that has been in existence for many, many years. Ms. Barbara Bennett-Dixon Road Re: Concerts at Crandall Park Upper Glen Street all for increasing concerts, they should not replace the City Park, spoke about the limited parking at Crandall Park and it is very dark there, dangerous for elderly people. City park allows for disabled people to come, there is no good way for them to get to Crandall Park. Councilman Strough-There will be four at the City Park and four at the shell. This is one opportunity for both communities to work together to offer something that is community focused and nobody asks who is Glens Falls, who is Queensbury residences we just go together as one group to listen to these concerts which is a great performance and it is a family oriented. Few events provide as much for the community I think as these concerts do. Ms. Barbara Bennett-Res. 7.24 Speed limit on boats on Dunhams Bay Councilman Boor-Noted that resolution has been pulled we did not get the survey in. Ms. Barbara Bennett-Questioned the law that you could not build within ten feet of your boundary? Councilman Strough-Noted that would depend on what zone you were in…noted a variance could be sought if needed. Mrs. Bennett-If a building is already there can they add to it within the ten feet? Supervisor Stec-If the building is already there and you are looking to add within that ten feet you would have to go to the Zoning Board and get a variance. Mr. Kevin Quinn-10 Brookfield Run owner of the Leather Outlet and the Tee Pee on Route 9, Lake George. RE: Transient Merchant Market Permit Forced to pay $500. per day to have vendors on his property noted other business have flee markets, people carving on their property and have trailers pull up and set up … I know you are changing the laws so we can make it better for the people inside the town but I think once there is a law everybody should have to follow the same law. As a business owner it gets frustrating to see other people 632 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 again and again and again do what they want to do inside the town. Last year a gentlemen set up across from the outlet malls, his fine was not as much as I even paid. Why do we have to pay this and nobody else does. Noted he addressed the parking issue, I offer adequate parking during the event this year we are turning all of the parking on the pavement to be parking for motorcycles only, I am not letting any cars on the property this year. Maybe that will elevate some of the parking issues. Noted he is a year round employer of eleven people…spoke about the Great Escape Flea Market at the Bavarian… It is our responsibility as a town to enforce our laws… Supervisor Stec-Noted that resolution 7.21 was designed to address some of the frustrations and concerns that you expressed and the Town shared in the fact that some people in the past haven’t paid much attention to our Transient Merchant Law. It was very public last year when a outside vendor come in and frankly take business from brick and mortar businesses in the Town we tried to shut them down our local law did not have the teeth to shut them down nor apparently did our administration which is why we have done a few things differently that involve injunctive measures such as we have passed recently a law that authorizes me to initiate supreme court proceedings for injunctive relief. We were frustrated that we won our court case but the fine came in less than the fee would have cost and this local law 7.21 will address that as well. This adds in addition to any fines that a minimum they have to pay what the fee would have been. We need to be fair and consistent and that is one of the things I am trying to improve now that I am Town Supervisor is being more consistent with some of the application of these laws. This local law will address a lot of your frustrations. Mr. Quinn-Who is responsible in the Town to track down transient vendors? Director Round-We do that with our zoning administrative staff. Councilman Boor-With the passage of this one resolution we will have the tools to act immediately…with this new resolution it will cost them a lot of money. Mr. Dave Strainer-1124 Ridge Road Re: 7.13 That would be a very good nice thing that we could do for the residents of our town. We banter the words municipal cooperation now we have a chance to prove it you have an opportunity here to give your citizens a night out that will not cost them any money. Councilman Strough-Cultural advancement and economic advancement are intrinsically related if you look at any successful community you will see that it is true. Councilman Brewer-I do not disagree with you John, but you plan for those things and that will be my position. 6.0 TOWN BOARD DISCUSSIONS Supervisor Stec-Ted? Councilman Turner-I have some things that are coming around but we are not there yet. Supervisor Stec –Tim? Councilman Brewer-I am all set now. Supervisor Stec-John? Councilman Strough-I am looking forward to 7.13 and its passage and I hope I get some support for $4,340. If you want to go through the budget of every month like we did I think you will see the $4,340. even though it was not scheduled is a minimal expense for a greater gain of the community and I think that is what the Board has to look at. I will have more discussion of that when 7.13 comes up. I just got the mail tonight Brown Field Funding th opportunities, Saratoga Springs, May 6 all day, it would be nice to send someone…I am thinking Ciba Geigy if we could get something going down there that would be beautiful 633 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Supervisor Stec-I and others are working on just that. Councilman Strough-Re: The problem on June Drive has been cleared up…Thanked Fire Marshal Smith for bring that to the attention of the people that were burning in the Town. No person shall burn or cause to be burned or permit to be burned in the Town of Queensbury any garbage or rubbish by open fire on the ground or in trash burners or in barrels or in pits. You are still allowed to burn for cooking and things like that recreational but burning leaves in your back yard is not something you can do unless you get a permit. Re: Reconstruction of County Route 28 which is Main Street, Corinth Road, Broad Street whatever you want to call it. I am looking forward to that, to me that is one of the most exciting things I have seen in years. Re: Noted he went with Dan to the meeting of ACC Supervisor Stec-Thank you for coming and leading your moral support. Councilman Strough-It seems to me I did not get a real warm feeling from the Board of Trustees of ACC about the proposal to have a community center as part of the campus or on their campus. That was an opportunity for them to have something that in all appearances seems to be adjoined to their campus and offers them physical educational opportunities. There is going to be diving there and I know Queensbury School is looking forward to that because the swim team looses ten points every time they have a match because they do not have diving. It will have two to three basketball courts it is going to have eight swim lanes so there will be competition and meets there, there will be other kinds of availabilities. ACC does not have to pay a cent for the building all they have to do is pay for usage of the building which is going to be just cost no profit. I do not think they are going to get those kinds of opportunities offered at those expenses at any other time. I was disappointed to see the cool response that is my assessment that I saw at the meeting. We are going to build it somewhere else and it is not going to look like part of the ACC campus. To me I was disappointed in the lack if you will foresight, vision, proactiveness. Supervisor Stec-I agree 100% with your characterizations the public should know that last Thursday afternoon at the monthly meeting of the Board of Trustees of the College I went and made a second presentation to that body with Harry Hansen the first presentation back in March, Doug Irish came with me we spoke this time in addition to Harry Hansen, John Strough and a couple of members of the Rec. Commission as was the reporter of the local newspaper. I recapped exactly where we left off in March and I think John hit the nail on the head essentially what the town offered we are limited by law to fair market value for any land that we purchase as is any municipality. I think everyone understood that and we were willing to pay fair market value for the property for the opportunity and privilege to build what may very well be a fifteen million dollar improvement essentially to the campus. Owned, operated and maintained and insured by the Town of Queensbury, and offered the College the opportunity to suggest what kind of use they would like in exchange for allowing us to build there. They presented us with a laundry list of items that they wanted that they felt were valuable and we agreed to every single one of them. Did not say no to any of them, in addition to that, they asked what can we do for students, faculty and staff by way of any user fee that we may have. They wanted a discount. Apparently that was the de-facto the straw that broke the camels back or the deal breaker in that we suggested under a hypothetical situation that they would not pay any worse than the resident rate whether they are Queensbury Residents or not. Somehow they wanted a better deal financially than that and we felt because we were volunteering this through referendum that our taxpayers that would be fitting the bill for the construction and operation and maintenance would have an issue with people that were not paying those costs for getting a better membership rate than they would. So, they threw out some new arguments to us and I think you are right I think we were fairly coolly received. I am not sure what more we could have done to try to essentially give a fifteen million dollar improvement to the campus. I was disappointed but this not to say that it is a minor wrinkle in the project as the Town Board knows there are several other properties in the immediate area that are available and that we have been negotiating with and there are a couple that look very promising and so I am not, while I was discouraged by the lack of vision that I perceived I think there are several other equal opportunities there and I think that the project will continue to move forward to a referendum and hopefully a successful one. 634 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Councilman Strough-Questioned if they have done a cost benefit analysis of what they were getting and how it would enhance the campus? Did they make a counter offer? Supervisor Stec-I do not think so, no not really. Councilman Strough-I did participate in representing the Town along with Chris and Darleen on Saturday at the 2004 Adirondack Regional Chamber of Commerce EXPO which I thought was a great event at the Civic Center and met a lot of people and also tried a lot of new products. Re: Last Friday we had the Communities at Care and I hosted the event noted the Supervisor and his wife attended noted the program was excellent …will have further meetings … Re: Ward III Pickup do your raking this weekend they have to be th bagged and out by the 9. Re: Cable TV would like to put together a committee to take a look at the Cable TV and what our options are. Re Support of Delta Company: We are sponsoring DELTA Company the School is having a drive, to bring items to the troops in Iraq.. noted Darleen and Tim are working on this project. If any residents have anything to donate please drop it off at the School or the Town Office… Councilman Boor-I want to keep hammering this point that I am not furthering or recommending that we have a residential moratorium but I think it is incredibly important that the public understand when they see their 8.1 % school tax increase that is a direct correlation or our residential development in this town. Councilman Strough-7.6% Councilman Boor-We cannot complain about high taxes and not constrain or plan or understand the impact that unchecked residential development has, we are developing property that are sub marginal we are putting a lot of high density residential properties where they just don’t belong. We are going to pay the price, we will be like everything people move away from if we are not careful. Supervisor Stec-I would just like to recognize former elected officials in attendance at our meeting, Former Councilmen Pliney Tucker, Dick Merrill, County Supervisor Mike th Barody, and Retired Highway Supt. Paul H. Naylor Re: May 18 Tuesday your School Board and Budget Votes there are four School Dist. in the Town of Queensbury … Please get out and vote. Re: Attended Loyalty Day Celebration at the VFW, met with the Brown Family extended to the family our condolences … Re: Memo from the Budget Officer on Sales Tax did state we removed the entire $375,000 amount of sales tax revenue that we are going to leave at the County for the year and in the future years it is our intention to spread that out over the four quarters equally, we did not specify that last year when we passed it so they took the whole amount in the first check. The gross including that we did have, we are almost twelve percent higher than our next highest first quarter revenue so that is a good sign for our regional economy. Re: Main Street John and I and Tim Brewer were all at the Main Street meeting at the West Glens Falls Fire House … we were very impressed and excited at the level of detail and the quality of the project that we have got working on, I think that is a very good project we have been able to secure some funding that we still need to clear the water on exactly what funding we can use certain dollars for certain parts of the project, this is a joint County, State, Town and City project. We anticipate construction to begin sometime next year. 7.0 RESOLUTIONS RESOLUTION APPROVING YEAR 2003 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 231. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 635 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2003 Standard Year End Administration Services for the Town’s Volunteer Fire Companies Service Award Program, and WHEREAS, as part of the Service Award Program, it is necessary that the Town Board approve the Fire Companies’ Year 2003 Service Award Program Records, and WHEREAS, the Town Supervisor’s Office has received and reviewed the records from each of the Town’s five (5) Volunteer Fire Companies and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2003 Volunteer Fire Company Service Award Program Records for each of the Town’s five (5) Volunteer Fire Companies, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR CONTRACT 1 – GENERAL CONSTRUCTION – WATER TRANSMISSION SYSTEM IMPROVEMENTS RESOLUTION NO. 232. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION 636 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 176,2003, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the design of transmission enhancements to the Town of Queensbury’s water system, and WHEREAS, by Town Board Resolution No.: 353,2003 the Town Board authorized improvements to the Queensbury Consolidated Water District (District), such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87-Northway, and WHEREAS, Barton has prepared bid documents and specifications to advertise for bids for Contract 1 - General Construction - which consists of the construction of approximately 19,500 linear feet of 12" water main, approximately 5,900 linear feet of 8” water main, valves, hydrants and other appurtenances, a jack and bore beneath Interstate 87, various directional bores beneath State highways, County highways, streams and adjacent to the Glens Falls Country Club and eight connections to existing water mains, 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, and WHEREAS, by Town Board Resolution No.: 147,2004 the Queensbury Town Board authorized the bidding for Contract 1 – General Construction - for the Water Transmission System Improvements Project, and WHEREAS, the Town Purchasing Agent and Barton duly followed the proper procedures for bidding such work on behalf of the Town, and WHEREAS, the Purchasing Agent duly received and opened all bids, and WHEREAS, Barton and the Town’s Water Superintendent have recommended that the Town Board authorize awarding of the bid to the lowest responsible bidder, Tom Kubricky Co., Inc. dba TKC, for an amount not to exceed $1,481,753.50 as delineated in th Barton’s April 26, 2004 letter presented at this meeting, and WHEREAS, the Water Superintendent has advised the Town Board that there are 637 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 times when Change Orders may become necessary for such Contract and has requested that the Town Board authorize him to approve and sign certain Change Orders in the amount not to exceed $20,000 per Change Order that he deems necessary or appropriate, provided that the aggregate amount of such Change Order(s) do not exceed five-percent (5%) of the original Contract award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for Contract No. 1 - General Construction for the Water Transmission System Improvements Project from the lowest responsible bidder, Tom Kubricky Co., Inc. dba TKC, for an amount not to exceed $1,481,753.50, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Contract between the Town and TKC in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract in the amount not exceeding $20,000 per Change Order that he deems necessary or appropriate, provided that the aggregate amount of all such Change Order(s) for this project do not exceed five-percent (5%) of the original Contract award, and BE IT FURTHER, RESOLVED, that upon completion of work in Contract 1 and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from the appropriate Water Transmission Enhancements Project Fund #142 Account(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: 638 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PRELOAD TO REPAIR CONCRETE WATER TANK AT GURNEY LANE RESOLUTION NO.: 233. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Water Superintendent has advised the Town Board that the Gurney Lane concrete water tank is in need of permanent repairs, and WHEREAS, the Water Superintendent has recommended that the Town Board engage the services of Preload to make such repairs as Preload is the contractor that originally constructed the tank, and WHEREAS, Preload has offered to make such repairs for an amount not to exceed $70,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Preload to make permanent repairs to the concrete water tank at Gurney Lane for an amount not to exceed $70,000 to be paid for from Account No.: 040-8340- 4800, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign an Agreement between the Town and Preload in form acceptable to the Water Superintendent and Town Counsel and authorizes and directs the Town Supervisor, Water Superintendent and/or Budget Officer to sign such other documentation and take all action necessary to effectuate the terms of this Resolution. 639 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Strough –Is there an implied warrantee here? Water/wastewater Superintendent Ralph VanDusen-If the Board wishes an option in this whole scenario is to file a lawsuit and several years from now you may come in victorious and you may spend more in legal expenses than what it is costing you here. I think that we felt after that research and discussion with the contractor and with our Attorney and our Engineers and several people in the industry we felt that this was an expedient way to handle it and probably financially prudent for the taxpayers in the district. RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., TO UPDATE MAP, PLAN AND REPORTS FOR WEST QUEENSBURY SANITARY SEWER DISTRICT AND MAP AND PLAN FOR WATER MAIN IMPROVEMENTS ALONG MAIN STREET RESOLUTION NO.: 234. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement of the engineering services of Barton & Loguidice, P.C. (Barton) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Main Street Infrastructure and Redevelopment Plan Project (Project), and WHEREAS, by Resolution No.: 154,2002, the Town Board authorized engagement of Barton for additional engineering services in connection with the Project in order to extend the sanitary sewer system outside the Project’s boundaries, and WHEREAS, by Resolution No.: 362,2002, the Town Board authorized engagement of Barton for additional engineering services related to pursuit of the Town’s goal of placing all of the Project’s utilities underground, and WHEREAS, the Town Water Superintendent/Wastewater Director has advised the Town Board that it is necessary that Barton update the Map, Plan and Report for the West Queensbury Sanitary Sewer District and the Map and Plan for water main improvements along Main Street for the Queensbury Consolidated Water District to 640 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 reflect estimated project costs for the projected 2005 construction schedule and to meet procedural requirements for special districts, and WHEREAS, Barton has offered to provide these services for an amount not to th exceed $1,200 as delineated in Barton’s April 26, 2004 letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Barton & Loguidice, P.C. to update the Map, Plan and Report for the West Queensbury Sanitary Sewer District and the Map and Plan for water main improvements along Main Street for the Queensbury Consolidated Water District to reflect estimated project costs for the projected 2005 construction schedule and to meet procedural requirements for special districts for an amount not to exceed $600 per update for a total not to exceed $1,200, such services to be paid from Account No.: 126-8340-2899 ($600) and Account No.: 126-8150-2899 ($600), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent/ Director of Wastewater, Budget Officer and/or Town Supervisor to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING R. K. HITE & CO., INC. TO PROVIDE RIGHT-OF-WAY/EASEMENT ACQUISITION SERVICES RELATED TO MAIN STREET/CORINTH ROAD RECONSTRUCTION PROJECT RESOLUTION NO.: 235. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 641 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, R. K. Hite & Co., Inc., is providing right-of-way/easement acquisition services to Warren County for the Main Street/Corinth Road (CR 28) reconstruction project, and WHEREAS, the Town of Queensbury Water and Wastewater Departments propose construction of replacement water line and new sewer lines requiring easements from affected property owners, and WHEREAS, the Town’s engineers, Barton & Loguidice, LLC has recommended that the Town of Queensbury coordinate all right-of-way/easement acquisition with Warren County to streamline the process and ensure clear communications to affected property owners, and WHEREAS, the Town, with the assistance of Barton & Loguidice, LLC, solicited a proposal from R. K. Hite & Co., Inc., and WHEREAS, Barton & Loguidice has received and reviewed the proposal and has recommended engagement of R.K. Hite & Co., Inc., to provide the requested services for a total amount not to exceed $28,375 as follows: TASK COST PER NO. OF SUBTOTAL MAP MAPS 1 – Title Research & Certification - $800 10 $ 8,000. 1 2 – Property Rights Acquisition - $350 10 $ 3,500. 2 2 – Property Rights Acquisition - $225. 75 $16,875. 3 TOTAL 85 $28,375. Notes: 1. Title research and certification task for properties that do not have a fee acquisition associated with the Corinth Road Reconstruction Project. 2. Property rights acquisition task for properties that do not have a fee acquisition associated with the Corinth Road Reconstruction Project. 3. Property rights acquisition task for properties that have a fee acquisition associated with the Corinth Road Reconstruction Project th as delineated in R. K. Hite & Co., Inc.’s proposal dated March 17, 2004 and presented at this meeting, and WHEREAS, the Town’s Purchasing Policy requires at least three (3) written requests for proposals (RFP’s) for professional services anticipated to exceed $20,000 in a fiscal year, and 642 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, the Town’s Purchasing Policy states that solicitation of proposals can result in duplication of effort, unnecessary costs, consumption of valuable time of professionals and the Town Board may, in its sole discretion, determine that the solicitation of proposals may be waived upon considering the professional’s familiarity with the project and specialized experience, and the reasonableness of the fee for professional services, and WHEREAS, the Town Board wishes to waive the solicitation of proposals for the reasons set forth in the preceding paragraph, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby waives the solicitation of proposals for the provision of right-of-way/easement acquisition services in connection with the Main Street/Corinth Road Infrastructure and Redevelopment Plan for the reasons set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs engagement of R. K. Hite & Co., Inc., for the provision of such right-of-way/easement acquisition services th as delineated in R. K. Hite & Co., Inc.’s March 17, 2004 proposal for an amount not to exceed $28,375 as follows: TASK COST PER NO. OF SUBTOTAL MAP MAPS 1 – Title Research & Certification - $800 10 $ 8,000. 1 2 – Property Rights Acquisition - $350 10 $ 3,500. 2 2 – Property Rights Acquisition - $225. 75 $16,875. 3 TOTAL 85 $28,375. Notes: 1. Title research and certification task for properties that do not have a fee acquisition associated with the Corinth Road Reconstruction Project. 2. Property rights acquisition task for properties that do not have a fee acquisition associated with the Corinth Road Reconstruction Project. 3. Property rights acquisition task for properties that have a fee acquisition associated with the Corinth Road Reconstruction Project and BE IT FURTHER, RESOLVED, that payment for such engineering services shall be from Consultant Services Account No.: 001-1440-4720, and 643 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Wastewater Director, Town Budget Officer and/or Town Supervisor to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Questioned if this was for only ten properties? Supervisor Stec-Number of maps 85…Councilman Strough-Main Street is not set in stone yet, are these easements still going to be ok despite the fact they may shift the road or are they going to have to come back and get new easements if they do shift the road? Town Counsel Hafner-These are coordinated with the County, R.K. Hite are the people that the County are having involved to figure out what taking if necessary the County needs for the road, we are working at the same time with the same exact people who are determining the exact boundaries of the new extended road. Councilman Strough-They have not nailed down exactly where Main Street is going right to the inch yet. Director Round-The easements are large enough to allow for that. Supervisor Stec-The County is using R.K. Hite to get the easements required for the roads the town is also required to have easements for under ground utilities and so rather than reinvent the wheel and spend more money this is a cooperative effort between the Town and the County. RESOLUTION AUTHORIZING HIRING OF ROBERT SMITH AS TEMPORARY PART-TIME CLASS B LABORER TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. : 236. 2004 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary, part-time Class B Laborer to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT 644 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Smith as a temporary, part-time Class B Laborer to work for the Town Water Department to perform inspections at Shore Colony to meet New York State th Department of Health requirements, effective May 4, 2004, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $12 per hour as set forth in Town Board Resolution No.: 546,2003 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None Discussion held before vote: Councilman Turner-He will do the weekend work Ralph? Water/wastewater Supt. Ralph VanDusen-This is the same person that we had last year, I expect to meet with him tomorrow to work out the schedule. Last year he worked between five and six days a week he did every single weekend out of the six months there was one weekend that he went away on vacation. He will do the weekend work and approximately five to six days a week and our operators will do it the other days. Noted he had a conversation last week with the Director of Water Supply with the Health Dept. to try and appeal that decision or reverse his decision for a daily inspection and that is just set in concrete at this point. RESOLUTION APPOINTING YVONNE HANUS AS PART-TIME DEPUTY COURT CLERK RESOLUTION NO. : 237. 2004 INTRODUCED BY Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board, among other things, established the part-time position of Deputy Court Clerk in accordance with 645 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 § New York State Uniform Justice Court Act 109 and the Town Board subsequently appointed a Deputy Court Clerk, and WHEREAS, the Deputy Court Clerk recently resigned from the position, and WHEREAS, the Town Court Clerks and/or Town Justices advertised for the vacant position, reviewed resumes, interviewed interested candidates and the Town Justices now wish to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Justices’ appointment of Yvonne Hanus as part-time Deputy Court Clerk, and BE IT FURTHER, RESOLVED, that Ms. Hanus shall be paid a wage of $10.50 per hour for 19.5 hours of work weekly, to be paid from the appropriate payroll account, and BE IT FURTHER, th RESOLVED, that this appointment shall be effective May 4, 2004 and shall be subject to a six month probation period, completion of the required Oath of Office and satisfactory completion of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT 646 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLUTION NO. : 238. 2004 INTRODUCED BY Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire four (4) temporary Laborers to work for the summer for the Town’s Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Ryan Irish, Steven Jacox, Kevin Mulcahy and Frederick Walkup as temporary Laborers to work 18 weeks this summer for the Town Highway Department commencing th May 10, 2004, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in Town Board Resolution No.: 546,2003 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF DAVID DEANGELIS AS PART-TIME CLEANER RESOLUTION NO. : 239. 2003 647 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Facilities Manager has advised that due to the resignation of Cammie LaPlanche in the Building and Grounds Department, it is necessary to hire a part-time Cleaner, and WHEREAS, the Facilities Manager advertised for the position, reviewed resumes, interviewed interested candidates and has made a hiring recommendation to the Town Board, and WHEREAS, the Town Board wishes to authorize such hiring, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the th hiring of David DeAngelis as a part-time Cleaner effective May 4, 2004 subject to satisfactory completion of a pre-employment physical and subsequent satisfactory completion of an eight (8) month probation period, and BE IT FURTHER, RESOLVED, that Mr. DeAngelis shall be paid a wage of $9.60 per hour for 35 hours of work weekly to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Facilities Manager to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 648 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLUTION AUTHORIZING HIRING OF COLBY GARB AND JOSH LOPEZ AS TEMPORARY, PART-TIME LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 240. 2004 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Colby Garb and Josh Lopez as temporary Laborers to work for 10 weeks this summer under the direct supervision of the Town’s Cemetery Superintendent, such employment proposed to commence in May, 2004 for Mr. Lopez and in June, 2004 for Mr. Garb, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Colby Garb is the son of Chuck Garb, a Working Foreman working in the Town Highway Department and Josh Lopez is the son of Michael Lopez, a Working Foreman working at the Pine View Cemetery, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Colby Garb and Josh Lopez as temporary Laborers to work 10 weeks this summer under the direct supervision of the Town Cemetery Superintendent, and BE IT FURTHER, RESOLVED, that these temporary employees shall be paid at the hourly rate set forth in the Town’s Agreement with the Civil Service Employees Association and payment shall be paid from the Laborer, Part-Time Account No.: 002-8810-1410, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent, Town Budget Officer and/or Town Supervisor’s Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 649 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 NOES : None ABSENT: None RESOLUTION AWARDING BID FOR PURCHASE AND INSTALLATION OF FENCE AT MT. HERMAN CEMETERY RESOLUTION NO. 241. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board authorized an advertisement for bids for the purchase and installation of a fence at the Mt. Herman Cemetery in the Town of Queensbury, and WHEREAS, the Town’s Purchasing Agent duly advertised for bids and the Purchasing Agent and Cemetery Superintendent have reviewed the bids and recommended that the Town Board award the bid to AFSCO Fence Company, the lowest responsible bidder, for an amount not to exceed the sum of $14,990, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase and installation of a fence at the Mt. Herman Cemetery in the Town of Queensbury to AFSCO Fence Company for an amount not to exceed $14,990, to be paid for from the Building Repair – Services and Supplies Account No.: 002-8810-4070, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Budget Officer and/or Cemetery Superintendent to execute any documentation and take such other and further action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None 650 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Discussion held before vote: Supervisor Stec-noted we missed the window that we had to go out and rebid it and actually the good news was that our original bid that we wanted to go with back last fall is still the bid that we are coming in with. Councilman Turner-It is seven hundred dollars more. Supervisor Stec-This is for the fence on the Luzerne Road Cemetery .. Councilman Strough-Questioned if parts are being salvaged? Councilman Brewer-They will be used at the other cemeteries. BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town’s Zoning Administrator and/or Executive Director of Community Development to forward a copy of this Resolution to the Town’s Planning Board. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner NOES : None RESOLUTION AFFIRMING CONSISTENCY OF NORTHEAST PETROLEUM TECHNOLOGIES COMMERCIAL PROJECT WITH HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO. : 242. 2004 INTRODUCED BY : Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, The Michaels Group, LLC and Northeast Petroleum Technologies (NEPT) are seeking approval from the Town of Queensbury to construct a 2100 square feet gas station/convenience store and 7,000 square feet commercial facility on two (2) commercial lots on Corinth Road in the Town of Queensbury, and WHEREAS, NEPT has requested that the Queensbury Town Board affirm that this proposed project is consistent with the Hudson Pointe Planned Unit Development as th approved by the previous Town Board on March 7, 1994 by Resolution No.: 118,94, and th WHEREAS, the Hudson Pointe PUD was established on March 7, 1994 and th subsequently modified on August 5, 1996, and 651 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, the Hudson Pointe PUD designated tax map parcels 315.-14 and 315.- 1-20 as allowing commercial uses such as those proposed as presented in plans provided by NEPT, and WHEREAS, the Town Board recognizes that this project may undergo modifications as part of the Queensbury Planning Board’s site plan review processes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by The Michaels Group, LLC and Northeast Petroleum Technologies (NEPT) to construct a 2100 square feet gas station/convenience store and 7,000 square feet commercial facility on two (2) commercial lots on Corinth Road in the Town of Queensbury is consistent with the Hudson Pointe PUD as approved by Town Board Resolution No.: 118,94, and ABSENT: None ABSTAIN: Mr. Strough, Mr. Brewer Discussion held before vote: Councilman Strough-requested that this be discussed at a workshop session. Supervisor Stec-requested information from Chris Round Director Round-The Hudson Pointe PUD has two properties that are allowed for commercial uses the Michaels Group is listed as the owner, we have been approached by Northeast Petroleum Technologies I think Mr. Hennessey is a representative of that organization to construct a hundred square foot gas station convenience store and a seven thousand square foot retail store. Those projects are typically subject to site plan review. A PUD is a distinct zone this zone allows for these uses. The PUD regulations have been changed the last several years and typically, historically we have seen the PUD’s develop very slowly so the ordinance allows for the Town Board to see a project before it goes to Site Plan Review and make a decision that the project is consistent with the original intent of the PUD agreement, the original intent of the Zoning Ordinance. That is why this project is in front of you tonight is to make that resolution. The Hudson Pointe PUD predates my history here at the Town, it underwent a lengthy review and then it was subsequently modified back in 1996. The 1996 modification it changed the commercial district designation for one of the lots and shifted it to adjoining lots. There are two very small lots that enjoy this commercial zone designation. Town Board resolution 319 of 96 specifies principal permitted uses of convenient store with gasoline pumps and no automobile sales or repair, grocery store, bank, hardware store, professional offices and beauty shop, all the above uses in the designated commercial areas are allowed upon site plan review and approval by the Planning Board. We thought it was pretty well defined in a previous Town Board resolution and Town Board agreement with the Developer. Councilman Strough-Questioned how many Town Board Members are familiar with 179 . 25 to make sure it is accord with 179.25 because 179.25 is a defunct Zoning Code? Director Round-We cannot go back and revise the resolution in th 96’. Supervisor Stec-The April 27 memo from Town Staff Chris Round that is where we know that it is consistent with a resolution in the book dating from 1994. This memo was written last Tuesday as requested by some members of this Town Board at the beginning of the year the packets were made available Wednesday, I did not see anything wrong with the resolution. If the Board does not want to take action on it that is fine. Right now it is not on the table for consideration. Town Staff is telling us that it is consistent with the PUD. Councilman Strough-I look at things so thoroughly, and this to me I just want an opportunity to get an up down before I send any message to the community at large saying this is ok with me go ahead. I know the Planning Board is going to take a look at it. 652 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Councilman Boor-I am sorry that Mr. Michaels and the gentleman is here, just for the record since I have been on the Board when we doing resolutions we do not bring people up to make their case. We strictly vote on them. I do not have a problem going back to workshop but I do not have a problem with the resolution either. John your point is well taken the problem is, there is no solution to what you are talking about. If the Code has been changed, we cannot go back and change the resolution or the PUD either. It was made in the spirit of the law at the time. I think we have to honor the spirit of the law at the time with a PUD. Supervisor Stec-I am looking for a consensus of the board, whether you want to act on this tonight or if you want to a workshop. Questioned if they could wait two weeks? Unknown- Noted that they cannot go before the Planning Board until a decision is made by the Town Board. Supervisor Stec-In an effort to forward the discussion and demonstrate leadership I will move this for consideration. Do I have a second? Councilman Boor-What other issues do you have, John, do they have to do with law changes? Councilman Strough-Part of the Town right-of-way is being used by the applicant and what is the story with that? Councilman Boor-That does not have anything to do with what is before us. Motion seconded by Councilman Boor Discussion: Supervisor Stec-Chris do you have anything to add to the concerns that you are hearing tonight? Director Round-I think the issue that Mr. Strough raised as far as use of the right of way I think we raised that issue with Counsel I think that the applicant is aware of it, it is town owned land that they are proposing to construct a road so they are going to need authorization of the Board to occupy it temporarily for the construction process and then dedicate it to the Town . So, that is an issue that they need to address. Supervisor Stec-The right of way that we are talking about the applicant is willing to construct a road and dedicate it to the town when they are finished. Director Round-I think that is the intent here. Town Counsel Hafner-We have not had this discussion with the Town Highway Superintendent. The Town Highway Superintendent has to be part of that process of whether or not the road. Councilman Strough-Questioned if the road has a destination someday? Director Round-That land was dedicated to the Town for its future use and it was never stipulated in the PUD agreement who was going to construct the road or if the road was going to be constructed at all? Councilman Strough-Shouldn’t we have some clarification from the Highway Department? Supervisor Stec-Not with whether or not its consistent with the PUD? Supervisor Stec- Asked Mr. Michaels to participate. Councilman Boor-Noted it is not a good idea. Mr. Michaels-The only reason that is proposed on a town road is because that is specifically what PUD approval called for. There are no changes. We took the map that was approved in 1996 and we re-laid it out exactly the same so that we would not have to come back and get a PUD amendment. That is not what we are looking for. We are looking to get to the Planning Board and the Town Board insisted that we use that right of way for access to this property. That was part of the condition. We can make our own access on Route 9. Councilman Strough-What is the comprehensive concept behind this road, is it supposed to go someplace? Mr. Michaels-What we are doing on this property is following what the town requested to do with this property and they requested that the access only be made on that town road that is why we did the plan exactly as the PUD was approved. We did not want to make any changes because we did not want to go back to square one. It wasn’t our, I did not own the property when the town made that decision. Councilman Strough-You do have an access on Corinth Road and what is town property becomes a private drive for you. Mr. Michaels-No. If you read the resolution it says in there that the access must be off that road. Councilman Strough-You mean you are allowed two accesses? Mr. Michaels-one access had to be off the main Councilman Strough-Where is that road supposed to go eventually, you are going to build part of it, where is the rest of it going to go? Mr. Michaels-When the Town Board, someday if they need a future connection they have the land that you could build it, if you wanted to connect Hudson Pointe in you could. It is town property. Councilman Strough-This is just a sample of the questions that I started to come up with, conceptually I do not have any problems with this, but usually at a workshop you and I and everyone else would have worked this out. Mr. Michaels-We did it exactly to how it was passed we did not try to make any changes, so there would not be any discussion so we could get to the Planning Board and get into the planning process. Councilman Strough-Are you going to build this road in accord with Town road standards? Mr. Michaels-Noted he had met with the Highway Superintendent. Supervisor Stec-The question before us tonight there are two resolves the first resolved is that we are saying it is consistent with the Hudson Pointe PUD as approved by Resolution No. 118 of 1994 our Town staff has told us that it is. The Town Board authorizes the Zoning Administrator or Executive Director of Community Development to forward a copy of this resolution to the 653 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Planning Board. Those are the only two issues before the Town Board tonight. Councilman Strough-I am not for it I am not against it … Town Counsel Hafner-The question about the road, it is town property currently, if after they go through the Planning Board process the Highway Superintendent says that he is willing to let them build on the road they will have to come back here for us to grant permission. Vote called. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SARATOGA MUSICAL UNION RESOLUTION NO.: 243. 2004 INTRODUCED BY: Mr. John Strough MOTION DEFEATED WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Saratoga Musical Union (Union) helps promote cultural development of the Queensbury and Glens Falls community by attracting many persons to the Glens Falls/Queensbury area by participating in the summer City Band concert series for over 40 years, thus providing an economic boon to both communities, and WHEREAS, the Union has proposed that the Town of Queensbury and City of Glens Falls (City) split the cost of four (4) concert band and four (4) jazz band performances to be performed in City Park and the Performance Shell at Crandall Park in the summer of 2004 since the concerts will benefit both communities, and WHEREAS, the total cost of the eight (8) performances is $8,680 and therefore the th Town and City’s shares would be $4,340 as set forth in a copy of the Union’s February 26, 2004 letter presented at this meeting, and WHEREAS, the City has agreed to contribute its share toward the performances, and WHEREAS, funding for these concerts was not provided in the adopted 2004 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Saratoga Musical Union (Union) helps promote cultural development in the Town of Queensbury and City of Glens Falls and hereby approves of an Agreement between the Town of Queensbury and the Saratoga Musical Union for the provision of four (4) concert band and four (4) jazz band performances to be performed annually in City Park and the Performance Shell at Crandall Park in the summer of 2004, such Agreement to be in a form approved by the Town Supervisor, Budget Officer and/or Town Counsel, and 654 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 BE IT FURTHER, RESOLVED, that the Town of Queensbury shall contribute fifty-percent (50%) of the total cost of the Union’s Summer 2004 concert series in the amount of $4,340 (1/2 of the total $8,680), with the understanding that the City of Glens Falls shall contribute the same amount, and BE IT FURTHER, RESOLVED, that such amount shall be paid for from the Community Service Contracts Account No.: 001-8989-4414, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute an Agreement or any other documentation and take such other and further action needed to effectuate the terms of this Agreement. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Strough NOES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner ABSENT: None Discussion held before vote: Councilman Strough-As you know I am in support of this I think $4,340. is very little to pay for what we are getting out of this. A lot of discussion by Mr. Margison, myself, Mr. Strainer, and I am sure and hope that a majority of this board is in support of spending $4,340. I know it was not allocated but look at what the community gets out of it. I think if the community were here voting I think the community would want you to vote in favor of this. This is one thing, like I said, it is a community focused, family focused event that is open to everybody from all the communities in the area, in short Queensbury is paying for half of it I hope. Glens Falls has already put forward their support for their half of the project and in terms of municipal cooperation I think $4,340. is not a lot of money here. Promotion of the arts encourages and complements all economic sectors of the community. If you are going to measure the wealth of your community I think you have got to do that by more than just retail dollars you have got to look at the big picture. You have to measure in terms of smiles and the inspiration by those people sitting on the lawn listening to these concerts. Cultural Organizations really depend on municipalities for their support, it is unfortunate but that is the case. It has become more of the case as outside funding has dwindled as Mr. Margison has pointed out. The great enemy of cultural promotion and I think everybody here wants to promote cultural activities is insufficient funding. $4,340. and I have talked to some of you on the board and you feel that it has not been put in and you are going to stick to your word and all this, I just do not think you are doing what is best for the community. I am hoping to see some plus votes on this. Councilman Boor-A year and a half ago when my father died my family and many individuals in the community donated monies and set up a scholarship in his name at Queensbury School a thousand dollars a year to a musical student. I myself am a member of a community band, the Lake George Community Band, we are supported by the Village of Lake George and the Town of Lake George, without that we would not be able to do many of the concerts that we do. Having said that, and John makes a wonderful argument, if we 655 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 were talking about budgeting for 2005 this would be top on my list. This is what makes this really difficult because we have had a couple requests since we budgeted for 2004 for additional monies for projects and I have stood firm to the $91,000. that we said that we would spend for such events. In my heart I would like nothing more than to say, this is only forty three hundred dollars we have got a tremendous surplus this is a drop in the bucket. But, if I were to do that I would lose my principal and when somebody else came up and said they wanted to do something and I did not agree with it I would almost have to say well you gave me what I wanted so I am going to have to give you what you want and what it would amount to is a free for all and it would be a rouse to the public to think that we are going stick by our guns and we are going to be fiscally responsible and honor our budget. So, I am going to have to say no to this and it hurts me deeply. This is an emotional issue for me John and you gave me a lot of issue to talk about on the phone and if you do not think it is important to me you are really missing the point here. When I say this is what we are going to hold to, I mean that. Councilman Strough-Well, Roger, I hope you have more than one principal I hope you also have a principal to do the best thing, what is best for the community. Councilman Boor-I am, I am holding to what we agreed to, if my word is no good John I am no good to anybody in this community. Councilman Strough-Life isn’t a straight drive sometimes you have got to take a curve, you know and this is a curve and at $4,340. it is well worth it, I hope we get the votes. Councilman Brewer-I would reiterate what Roger said, John, I hadn’t talked to you about this only in that you were going to bring it up. Certainly the Village of Lake George sent us a letter we said no to twenty five hundred dollars because it was not in the budget. That was for children in the community. I have a daughter that plays in a band, certainly I was part of the joint Memorial Day Parade and I appreciate that and I worked hard to do that. Councilman Strough-But, if you are going to use that Lake George one as an example Tim, there were other issues with that, it wasn’t just…Councilman Brewer-I am saying we donate or give or whatever you want to call it over $90,000 every year at budget time and I do not have a problem with a penny of it. As a matter of fact I advocate a lot of it. Certainly if this was in a budget the Glens Falls budget, I have other question I do not want to get into a debate with you but Glens Falls put it in their budget do I see where the musicians are taking a cut in theirs? The fund that they have was ten percent now it is zero percent, I can go on and on, I do not want to get into an argument with you about it, I just. Was it well planned? In my opinion no, I do not think it was. Councilman Strough-What does the Town of Queensbury do for cultural promotion? Does it do.. Councilman Brewer-We do $90,000. of it every year. Councilman Strough- $90,000. I will let that speak for itself. Councilman Turner-The same thing, it was not in the budget, no body came forward and raised the issue at budget time now we are almost half way through the year and we want to take money out of contingency to support a program. I like the program there is no doubt about it, but the timing is way off. Councilman Boor-Dan I would also request that when you do your budget prior to approval that a two month time frame prior to this that we through different media sources say this is the time frame for all of you non profits out there to put in your requests. We are going to give you a sixty day window to put the applications in. As a Board we will review those that we feel are the most appropriate. Supervisor Stec-I do not have a problem doing that although in listening to you say that I can see a quarter of a million dollars worth of requests come in from dozens of non profits. Councilman Boor-But we can look at them all at the same time and make a priority list. Councilman Brewer-It is not to say it is not worthy of it why not have it in Queensbury? Supervisor Stec-I wanted to point out I was a student of Roger’s father he taught me how to play several different instruments over many years at Queensbury, I do think that this is a worthwhile endeavor and I would whole heartily support inclusion of it in the 2005 budget. With that said I would I do think that we talked about Transient Merchants tonight and being fair and consistent I think that is important whether we are enforcing our zoning ordinance with respect to barn yard animals and I think it is important when we talk about our transient merchant law and I think it is important when we talk about inter municipal cooperation and I think it is important when we talk about how we do our budgets. My word is my bond and I agree with Roger’s point on that whole heartedly and I would be willing to consider this for next year. Councilman Strough- Well I don’t think so ill of the ACC Board of Trustees because I see the same thing here, sorry. Vote taken. 656 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLUTION AUTHORIZING CYSTIC FIBROSIS FOUNDATION “GREAT STRIDES” WALK-A-THON RESOLUTION NO. 244. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its “Great Strides” walk to cure cystic fibrosis as follows: SPONSOR : Cystic Fibrosis Foundation EVENT : GREAT STRIDES WALK th DATE : Saturday, May 15, 2004 TIME : 9:00 a.m. - noon PLACE : Beginning and ending at West Mountain (Letter regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. rd Duly adopted this 3day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer 657 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 NOES : None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO. 245. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR : Adirondack Nautilus, Ltd. EVENT : 5K RACE (RUN/WALK) th DATE : Saturday, May 15, 2004, 9:00 a.m. and th Saturday, August 7, 2004, 9:00 a.m. PLACE : Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, 658 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 246. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy thth on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 15 and August 7, 2004 for the conducting of its Open House and Annual 5K Races, and WHEREAS, Adirondack Nautilus, Ltd., has provided certificates of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, thth on May 15 and August 7, 2004, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager after each event. 659 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 rd Duly adopted this 3 day of May, 2004 by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None RESOLUTION OPPOSING STATE COMPTROLLER’S PROPOSAL TO INCREASE TOWN OF QUEENSBURY’S 2004 CONTRIBUTIONS TO NEW YORK STATE EMPLOYEE RETIREMENT SYSTEM RESOLUTION NO.: 247. 2004 INTRODUCED BY: Mr.Tim Brewer MOTION DEFEATED WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury paid $173,284 more in the New York State Employee Retirement System (NYSERS) contributions in 2003 than in 2002 because of losses in the NYSERS Fund, and WHEREAS, local government did not cause or contribute to the losses in any way, and WHEREAS, New York State Comptroller Alan G. Hevesi has proposed increasing the contributions in 2004 by 11.5% for Tiers 1 and 2; and 6.6% for Tiers 3 and 4 payable in December 2004, and WHEREAS, those increases would require the Town of Queensbury to pay approximately $124,340 more in NYSERS contributions in 2004 than in 2003 and $297,624 more than in 2002, and WHEREAS, NYSERS is 100% funded in 2004 without the proposed large increase in contribution rates, and WHEREAS, the Town of Queensbury will be required to contribute approximately $298,000 more to NYSERS in 2004 than it contributed in 2002, further increasing the real property tax burden on real property taxpayers in the Town of Queensbury, and 660 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, the unnecessarily large proposed increases will cause an undue burden on real property taxpayers in the Town of Queensbury, including the elderly, disabled and others living on fixed incomes, who will be put at risk of losing their homes at real property tax sales, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby strongly opposes New York State Comptroller Alan G. Hevesi’s proposed 2004 New York State Employee Retirement System (NYSERS) contributions but strongly supports Governor George E. Pataki’s alternate proposal for 6.5% NYSERS contributions in 2004 and periodic reductions thereafter, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward copies of this Resolution to the Warren County Board of Supervisors, New York State Association of Counties, Governor George E. Pataki, Senator Elizabeth Little, Assemblywoman Teresa Sayward, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, and New York State Comptroller Alan G. Hevesi and further authorizes and directs the Town Supervisor and Town Clerk to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec NOES : Mr. Strough, Mr. Boor, Mr. Turner ABSENT: None Discussion held before vote: Councilman Strough-This is the Albany Times Union, April 19, 2004 it is called Hevesi taps Retirees in Pension Dispute …it refers to Pataki’s plan and it refers to as an illegal attempt at raiding the pension fund. It faults Pataki for trying to close budget gaps by weaking the pension fund. It is leaders of retiree groups say they will tell their constituents who are often politically active to side with Hevesi. In his letter Hevesi warns that retired public employees and says he needs help in protecting the pension fund from the Governor’s advances. The move is the latest in a contentious battle that Albany Mayor Gerald Jennings says embroil in petty politics. The outcome will have substantial impacts on this years State and Local Budgets an elected official said. Hevesi said the Governor proposes an unconstitutional change that he will not tolerate. Do you really think you want to send your message of support for something that they are saying maybe unconstitutional? Supervisor Stec-I already have once. The background on this resolution, a few weeks ago I traveled to Plattsburg as did several other County Supervisors as well as the Mayor of Glens Falls to attend a meeting with the Governor and some discussion about where the State Budget is going or isn’t going right now. One of the sticking point is this retirement system proposal of the State Comptrollers that would in 661 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 effect bury numerous municipality property tax payers unnecessarily with a large amount of additional property taxes to over fund the pension program. The Mayor of Glens Falls mentioned at that meeting and Press Conference, I believe that the number in the City because of their Fire and Police Pensions would be in the six hundred thousand dollars additional property tax levy and it certainly will hit School Districts more severely as they have a much larger payroll than a municipality such as even Queensbury. But our resolution mirrors the essentially the same resolution that the Warren County Board of Supervisor passed at a meeting a few weeks ago. Our share would be a hundred and twenty four thousand more in State Retirement Contributions in 2004 than in 2003 and almost three hundred thousand dollars more than in 2002. I am not sure that I am on board with the Comptroller’s plan and in fact the Governor has a different plan and that is the basis behind the resolution. The County has passed it and several other towns in the area have passed it and County wide they are working on a study to figure out what the total tax increase would be County wide but we are talking in the several millions of dollars when you factor in eleven towns the City of Glens Falls the County and all the school districts which number in the dozens. Councilman Brewer-This is not the plan he told us about in February when we were in New York. Supervisor Stec-Yes, it is Hevesi’s plan is the one he told us about. Councilman Boor-This is pretty political stuff for a Board that does not have a clue what this is about. You did not educate us on this and you put it in resolution form without Hevesi’s side or Pataki’s side you have characterized your meeting and how it went and perhaps how Warren County viewed this but I am never going to vote on anything with out having an idea of what this is about. Supervisor Stec-The numbers are real, the number are what they are, the proposal…Councilman Boor-real what…for what years, how many years, what is the outcome in ten years if we go with this plan. I haven’t got a clue, the long term projections. Councilman Strough-The Albany Times Union seems to leave doubt as to its constitutionality. Vote taken. RESOLUTION TO AMEND 2004 BUDGET RESOLUTION NO.: 248.2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Boor WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2004 Town Budget as follows: BUILDING AND GROUNDS FROM: TO: $ AMOUNT: 01-1990-4400 001-1620-4060-22 4941. (Contingency) (Contracted Services) 662 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None (Correction made in resolution original resolution listed Building and Codes, is should read Building and Grounds…corrected before vote) RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALITY DEVELOPMENT/KEVIN QUINN RESOLUTION NO.: 249. 2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Northeast Realty Development/Kevin Quinn (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient th Merchant Market License to conduct a transient merchant market from June 8, 2004 th through June 12, 2004 in the parking lot at 1652 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and 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 to conduct a transient merchant market in the parking lot located at 1652 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; 663 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 thth 4. The License shall be valid only from June 8 through June 12, 2004 from 9:00 a.m. to 10:00 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. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES RESOLUTION NO.: 250. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Dexter Shoes has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient th th merchant market from June 7through June 12, 2004 in the parking lot located at 1499 State Route 9, Queensbury 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, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior applications and recommended approval of the prior applications, NOW, THEREFORE, BE IT 664 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/ Transient Merchant Market License to Dexter Shoes to conduct a transient merchant market in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 4. Dexter Shoes must pay all fees as required by Town Code Chapter 160; 5. Dexter Shoes must submit a bond in the amount of $10,000 as required by Chapter 160; 6. Dexter Shoes 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; thth 7. The License shall be valid only from June 7 through June 12, 2004 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 8. The Transient Merchant License shall not be assignable; and 9. Dexter Shoes must comply with all regulations specified in Town Code §160-8. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2004 TO AMEND QUEENSBURY TOWN CODE CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” TO REQUIRE TRANSIENT MERCHANTS OPERATING WITHOUT REQUIRED LICENSE TO PAY TOWN LICENSE FEES RESOLUTION NO. 251, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner 665 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2004 to amend Queensbury Town Code Chapter 160 entitled “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” to clarify its Town Code so that it is clear that any transient merchant operating in the Town of Queensbury without the required transient merchant license shall be required to pay the required Town of Queensbury transient merchant license fees, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on May 17, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. ___ OF 2004 TO REPLACE CHAPTER 119 ENTITLED “OUTDOOR FURNACES” WITH A NEW LOCAL LAW REGULATING THE USE OF OUTDOOR FURNACES IN THE TOWN OF QUEENSBURY RESOLUTION NO. 252. 2004 666 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2004 entitled, "A Local Law to Amend the Queensbury Town Code by Replacing Chapter 119 Entitled, ‘Outdoor Furnaces’ With a New Local Law Regulating the Use of Outdoor Furnaces in the Town of Queensbury,” which Law is intended to ensure that outdoor furnaces are utilized in a manner that is not detrimental to the health, safety and general welfare of the residents of the Town, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board previously held a public hearing concerning the possible adoption of a Local Law with a similar or same title, and WHEREAS, the Town Board did not adopt such law but drafted this new, different version, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing th at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on May 17, 2004 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2004, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2004 in the manner provided by law. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None 667 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 ABSENT: None Discussion held before vote: Board agreed that the time period for running of the furnace stst would be from September 1 through May 31. RESOLUTION SETTING PUBLIC HEARING ON ELISSA DUROSS’ APPLICATION FOR REVOCABLE PERMIT TO LOCATE MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 253. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Elissa DuRoss has filed an application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit to replace her existing mobile home with a new, same-sized 2004 mobile home on property located at 27 Pinello Road, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this permit application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on May th 17, 2004 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Elissa DuRoss’ application for a "Mobile Home Outside of a Mobile Home Court" Revocable Permit concerning property situated at 27 Pinello Road, Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. rd Duly adopted this 3 day of May, 2004, by the following vote: 668 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None (7.24 on Agenda has been pulled, awaiting survey or the proposed area for the Speed Zone in Dunhams Bay) RESOLUTION AUTHORIZING PAYMENT FOR VALUE OF EASEMENT RIGHTS CONCERNING PROPERTIES INVOLVED IN EMINENT DOMAIN PROCEEDING RELATED TO SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 254. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, in accordance with Eminent Domain Procedure Law §201 et seq., the Queensbury Town Board acquired certain property rights by Eminent Domain over properties located along Apollo Drive to the south of Quaker Road, north and south of the Queensbury-Whitehall Transmission Line Right-of-Way, including portions of properties identified as Tax Map No’s. 303.14-1-33,303.10-1-10 and 303.15-1-17, related to creation of the South Queensbury – Queensbury Avenue Sewer District, and WHEREAS, by virtue of the Eminent Domain proceeding, the Town acquired easements over the subject properties which allowed the Sewer District Project to move forward, and WHEREAS, the Town is required to compensate the property owners for the property rights obtained, and WHEREAS, by Resolution 232,2003, the Town Board authorized Empire State Appraisal Consultants to obtain appraisal values of the easements over the properties, and WHEREAS, the Town Board received such appraisal values as follows: Parcel 1 (Easement Over Land of Niagara Realty Statutory Trust) - $ 1,095 Parcel 2 (Easement Over Land of Niagara Realty Statutory Trust) - $ 1,635 669 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Parcel 3 (Easement Over Land of Niagara Realty Statutory Trust and/or City of Glens Falls IDA) - $16,870 ---------- TOTAL VALUE: $19,600 as more specifically set forth in the Real Estate Appraisal Report prepared by Empire State Appraisal Consultants, Inc. dated as of January 30, 2003 and presented at this meeting, and WHEREAS, the Niagara Realty Statutory Trust and/or City of Glens Falls IDA will accept payment for such easement rights as final resolution of this matter, and WHEREAS, the Town Board wishes to authorize payment for such properties’ easement rights in exchange for a final receipt and release from the Niagara Realty Statutory Trust and/or City of Glens Falls IDA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes payment for easement rights for the properties referred to in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that payment to Niagara Realty Statutory Trust and/or City of Glens Falls IDA in an amount not to exceed $19,600 shall be paid for from Capital Construction Account No.: 135-8150-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer, Town Counsel and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3day of May, 2004, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 670 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT - RICHARDSON STREET EXTENSION RESOLUTION NO.: 255. 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Consolidated Water District to be known as the Richardson Street Extension, and WHEREAS, a Map, Plan and Report has been prepared regarding the extension which will encompass the area of Richardson Street situated between Fifth Street Extension and the Queensbury Town line along Richardson Street/Haviland Avenue, plus Edgewater Place and Feeder Canal Court, such extension more specifically described in the Map, Plan and Report prepared by Jarrett-Martin Engineers, PLLC, 12 East Washington Street, Glens Falls, New York and filed in the Queensbury Town Clerk's Office and available for public inspection, and WHEREAS, the Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Consolidated Water District, a general plan of the water system, a report of the proposed water system and method of operation and the source of water supply, and WHEREAS, the Map, Plan and Report shows the water infrastructure serving the parcels included in the District Extension, and WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and presented at this meeting, NOW, THEREFORE, IT IS ORDERED, 1. The Queensbury Town Board shall hold a public hearing and consider establishing the proposed extension to the Queensbury Consolidated Water District previously described in this Resolution and to be known as the Richardson Street Extension; 671 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 2. The boundaries of the proposed extensions and benefited areas of the Queensbury Consolidated Water District are to be as set forth in the Map, Plan and Report filed in the Queensbury Town Clerk’s Office. 3. Eight inch (8”) water mains are currently in service along Richardson Street, Haviland Avenue, Edgewater Place and Feeder Canal Court along with at least six (6) fire hydrants for fire service. Existing water mains also serve the additional parcels proposed for inclusion in the District. No new capital improvements are required to serve any of the parcels proposed for inclusion in the District and therefore, no additional capital costs must be borne by the property owners of this District Extension and no financing of improvements is required for this District Extension. All properties included within this District Extension are currently served by the water system and therefore, no new service hook-ups are required. 4. There will be no hook-up fees to the typical property, which typical property means a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties. The mode value is $90,700. The estimated annual cost of the extension to the typical property will be $1.4257 per $1,000 assessed value or an ad valorem charge of $129.31. The water use charge based on 200 gallons/day x 365/4 days/quarter x $1.52/1000 gallons = $20 + $15.20 = $35.20/qrtr or an annual charge of $140.80. So the total estimated annual cost for the typical property is $270.11. The estimated annual cost to the typical user is below the State Comptroller’s Office threshold amount so no approval of the State Comptroller’s Office will be necessary. 5. The Map, Plan and Report describing the improvements is on file with the Queensbury Town Clerk and is available for public inspection; 6. All expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall continue to be financed on both an ad valorem basis and a water rent basis. 7. The Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, Warren County, New York, at h 7:00 p.m., on the 17 day of May, 2004, to consider the Map, Plan and Report, and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law; 8. The Town Board hereby authorizes and directs the Town Clerk to cause a copy of this Order to be duly published and posted not less than 10 days nor more than 20 days before the hearing date set forth herein and as required by Town Law §209-d and complete or arrange for the securing of two Affidavits of Publication of Notice and two 672 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 Affidavits of Posting of Notice of the Public Hearing required hereby, and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 9. The Town Board has received a completed Part I of a Short Form Environmental Assessment Form and will perform its SEQRA review of this unlisted action prior to Town Board action. rd Duly adopted this 3 day of May, 2004, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH ABSTRACT OF APRIL 28, 2004 RESOLUTION NO.: 256. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Abstract with a run date of April 28, 2004, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Abstract with a th run date of April 28, 2004 numbering 24-182400 through 24-200800 and totaling $1,025,736.13, 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 may be necessary to effectuate the terms of this Resolution. rd Duly adopted this 3day of May, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec 673 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 NOES : None ABSENT: None ABSTAIN: Mr. Boor Discussion held before vote: Supervisor Stec-noted that the Audit is important and checked with the councilmen to be sure that they receive copies of the Audit in their packet. RESOLUTION AUTHORIZING SALE OF OBSOLETE HIGHWAY DEPARTMENT 1996 FORD 4X4 TRUCK TO QUEENSBURY UNION FREE SCHOOL DISTRICT RESOLUTION NO.: 257. 2004 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Highway Superintendent has advised the Town Board that the Highway Department has a 1996 Ford 4x4 truck with utility body that is obsolete and of no material value as the truck needs an engine, transmission and front-end work, and WHEREAS, in accordance with New York State Town Law §64(2-a), the Town may sell items which are no longer needed by the Town or are worn out or obsolete, and WHEREAS, the Highway Superintendent has requested Town Board authorization to sell the truck to the Queensbury Union Free School District for $1, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s sale of a Highway Department 1996 Ford 4x4 truck with utility body to the Queensbury Union Free School District for $1 as the Truck is obsolete and of no material value. rd Duly adopted this 3 day of May, 2004 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner NOES : None ABSENT: None RESOLUTION AWARDING BID FOR UTILITY BODY WITH ACCESSORIES FOR 2004 F-550 MECHANIC’S TRUCK FOR USE BY TOWN HIGHWAY DEPARTMENT 674 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 RESOLUTION NO. 258. 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of a Utility Body with all necessary accessories for a 2004, F-550 mechanic’s truck for use by the Town Highway Department, as set forth in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, Arrowhead Equipment, Inc., submitted the only and lowest responsible bid for the Utility Body in the amount of $23,732 and the Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid toArrowhead Equipment, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a Utility Body with all necessary accessories for a 2004, F-550 mechanic’s truck for use by the Town Highway Department to Arrowhead Equipment, Inc., for an amount not to exceed $23,732 to be paid for from Vehicle Equipment Account No.: 04-5130-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Purchasing Agent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of May, 2004 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Town Counsel Hafner-Questioned Water/wastewater Supt. Ralph VanDusen – Member of the Fleet Committee – was this approved by the Fleet Committee? Water/wastewater Supt. Ralph VanDusen-Yes. 8.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR NONE 675 REGULAR TOWN BOARD MEETING 05-03-2004 MTG. #20 9.0 ATTORNEY MATTERS 10.0 EXECUTIVE SESSION NONE (Supervisor Stec-Thanked Glens Falls National Bank for sponsoring our taping of our meetings and airing them…two notices for the public Household Hazardous Waste Day, th Saturday June 5. To be held at the Queensbury Town Office Building behind Town Hall…plug for our website www.queensbury.net ) RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 259.2004 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. rd Duly adopted this 3 day of May, 2004 by the following vote: AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury