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2006-03-27 SP MTG11 714 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 SPECIAL TOWN BOARD MEETING MTG. #11 MARCH 27, 2006 RES. 177-180 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT MARILYN RYBA SR. PLANNER STU BAKER TOWN ASSESSOR HELEN OTTE TOWN HISTORIAN MARILYN VANDYKE 1.0RESOLUTION Discussion held: Councilman Sanford-Are there any informal understanding even though it is not formal, as to whether or not they are prepared to sign the new contract? Supervisor Stec-Not that they have directly communicated to me, but second and third hand I have heard that they are going to be ready. I think that they have a meeting a week from tonight. I am told that they have a regular meeting a week from tonight that they anticipate voting in which case it could be around Tuesday. Councilman Brewer-The only input that I have is, Richard you were not here, but the rest of us where, last year, this issue with the twelfth we went through West Glens Falls did not sign last year the board unanimously said no, we are not giving you any money until you sign the contract. I think we ought to do to the same thing with no matter what company is just for consistency sake. Councilman Sanford-I understand that advantage of doing that however for the lack of a better word, or expression, that is a strong arm type of tactic. My feeling is we should be dealing with them in good faith and so I respectfully disagree with that position although I do not necessarily disagree that it might be effective I just do not know if that is the way I want to approach it. Supervisor Stec-I think it courts trouble next year, myself. Councilman Brewer-Absolutely, because if one company doesn’t sign for whatever reason, that is the idea of having a contract, you sign the contract we approved it, I just think we did it last year with West and we ought to be consistent and I do not see a reason why if they are going to approve it Monday, they cannot get a check Tuesday or Wednesday, that is my opinion. RESOLUTION AUTHORIZING PAYMENT TO BAY RIDGE VOLUNTEER FIRE COMPANY, INC. UNDER CURRENT AGREEMENT RESOLUTION NO.: 177, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford 715 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s agreements with the Fire Companies expired on December 31, 2005, and WHEREAS, in such Agreements the Town and Fire Companies agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements which was anticipated to th occur on or about February 27, 2006, and WHEREAS, by Resolution No. 87,2006, the Town Board authorized advance payments on the 2006 agreements to the Fire Companies, as the Fire Companies could face cash flow shortages before the new agreements could be executed, and WHEREAS, by Resolution No.: 117,2006, the Town Board authorized its 2006 Agreement with the Bay Ridge Volunteer Fire Company, Inc., but the Fire Company has yet to execute its Agreement, and WHEREAS, the Town Board wishes to authorize another advance payment on the 2006 agreements to the Bay Ridge Volunteer Fire Company, Inc., such advance to be deducted from contract payments to be paid after the Fire Company signs its 2006 contract with the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve a payment voucher to the Bay Ridge Volunteer Fire Co., Inc. under th the current Agreement for 1/12 of the Fire Company’s 2005 Contract Amount (not including Vehicle Fund) which payment will constitute an advance payment on the new fire protection services 2006 Agreement if such Agreement is entered into and, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Budget Officer to make the necessary arrangements to make such payment which is authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. 716 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 th Duly adopted this 27 day of March, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer, Mr. Stec ABSENT: None (CHANGE IN ORDER OF AGENDA) 4.0NORTH QUEENSBURY RESCUE AMBULANCE PURCHASE Mr. Dave Irons-President of the North Queensbury Rescue Squad – Requested replacement of the 1994 ambulance. Noted that the ambulance was in an accident at Haviland and Bay, the Cab and Chassis was damaged, the box was not at that time, we opted to replace the chassis, for the Box is a 1994 and the Cab and Chasse is a 1996. Budget Officer Switzer-There is seventy thousand in cash but the reconciliation of the vehicle fund itself there should be about a hundred and twenty two thousand dollars. That is from the audited financial statements from the year 2004. Mr. Irons-A new ambulance is one hundred and thirty thousand so what we are looking for is Town Board approval. Councilman Sanford-Will you be looking for debt service differential between the level you have in your fund and the hundred and thirty thousand? Mr. John Owen, Captain-With the new information you will not have any debt service. What we can get for the ambulance as a trade in and if we do have a hundred and twenty two thousand that will more than take care of what we want to do. Hope to get at least ten thousand for the trade-in. Councilman Sanford-If other companies are buying used ambulances, the question I have is perhaps should you retain yours longer? Mr. Owen-You get to the point of diminishing returns and we have gotten to that with this vehicle, the value of it will continually go down. With an emergency vehicle you have to be able to get out the door without any problems. Noted the used vehicles are used for electrical, plumbing and so forth it is cheaper than going out and buying a brand new truck. There is a demand for a vehicle with fairly low mileage and we would rather sell at that top then at the bottom. Councilman Boor-I would support the proposal, I have seen the ambulance and I would agree, at some point the return does diminish, if they can get anything for it I think it is better than getting nothing and holding onto it. They have a healthy fund and it maybe that they do not have to borrow a dime. Councilman Sanford-What does your capital equipment schedule look like? Mr. Irons-The four wheel drive ambulance will be good for another three years at least. Supervisor Stec-Asked Budget Officer to move forward with a resolution to authorize the purchase. 2.0VETERANS EXEMPTION UPDATE CAP – HELEN OTTE 717 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Sanford-In terms of the physical mechanics could you explain to me what it means when you raise the cap? Assessor Otte-In the 1980’s the particular version of the veterans exemption was passed by the New York State Legislature, and that legislation set a cap of eighty thousand dollars on the assessed value of a property and that is an equalized value it is mitigated by the equalization rate of the municipality. Councilman Sanford-That means if a person owns a home that they are going to be assessed no more than the eighty thousand? Assessor Otte-No, they are going to pay on a percentage of the eighty thousand, they will pay above the exempt amount they would be eligible for fifteen percent of the cap if they were a veteran and for twenty five percent if they were a combat vet, but it is capped at eighty thousand dollars of assessed value. The proposal is to raise the eighty to a hundred and eighty which means that the exempt amount would be raised to a maximum unless you are disable vet of forty five thousand exemption so that comes off your assessed value. On a two hundred thousand dollars assessment, the non combat vet, someone who served in a war time we have the specific dates set forth by State law would be eligible for fifteen percent of the eighty thousand dollars. Councilman Boor-Reduction? Assessor Otte-Reduction. Councilman Sanford-If that equated to twelve thousand dollars that would come off the two hundred thousand and then it would be assessed at a hundred and eighty. Assessor Otte-They would pay on a hundred and eighty eight thousand if they were a combat vet they would receive twenty five percent reduction. Now the proposal is to raise that as the County did to twenty seven thousand and then an additional eighteen thousand for the combat vet reduction off the assessed value up to the hundred and eighty thousand. Supervisor Stec-If your home isn’t worth the cap then it is just off whatever the value is. Councilman Brewer-Questioned if the City was also doing this? Assessor Otte-Yes, the City is going to do this I believe at their next meeting. Supervisor Stec-Noted at the County it seemed that virtually all the other towns are doing this. At present there is no town tax it costs the town nothing and it really isn’t an advantage to anybody because it’s fifteen or twenty five percent off zero. The County passes one that only affects the County taxes and it is up to the individual towns to pass one separately from the County that would affect town taxes. Councilman Boor-Why are we doing this? Assessor Otte-My thought is that if this is in the Code it is all set and ready to go at such time that a Town Tax might become necessary in the future. Councilman Boor-I would think it would be an extremely small amount how much value is there really in doing this? Is this more of an administrative cost to have this in place then there is savings? Assessor Otte-No. Councilman Sanford-Going back to the Town’s tax rate when we did have a town tax, under the current capped arrangement vs the proposed one, what is the difference town wide? 718 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Assessor Otte-We did an impact of that and I gave you a copy of the final number, it was about nine thousand dollars using a one dollar per thousand tax rate which we just picked. Supervisor Stec-We are not talking about a big impact to the Town. Councilman Boor-There is no administrative costs because it is handled at the County and you are just transferring? Assessor Otte-No, it is handled here but it is a stroke of the computer. Supervisor Stec-There is no cost and it sets it up for the future. Assessor Otte-If such time as a tax rate were necessary this would already be in place and we would not miss any deadlines. Supervisor Stec-Noted there are not any veterans with an assessment over one hundred and eighty right now in the Town, the law is written to allow us to go as high as two hundred and forty, we are not locked into one eighty. The rational behind the one eighty number, that is the same number that the County chose to pick. Councilman Sanford-To me it seems reasonable. Supervisor Stec-This would be a local law, this is all preliminary, the next step would be to set a public hearing and conduct a public to adopt a local law. Will have the first resolution at the next Town Board Meeting. 3.0 ASSESSMENT SMALL CLAIMS LOCAL LAW Assessor Otte-This is basically a question of going into an adjudicatory hearing on a fair playing field. I am asking for an amendment to the Town Code to require that upon the filing of a small claims review proceeding which follows a normal Board of Assessment Review Hearing at the Local Town level, the next level is a small claims review and I am asking that upon a filing for a hearing before a small claims hearing officer that the Town Code mandate an interior inspection, so that the Town has all the facts at hand when we appear at these hearings. Town Board Agreed. Supervisor Stec-We will move forward on that, that will be a local law. Assessor Otte-Town Counsel is working on that. DISCUSSION Councilman Sanford-Noted he had called the Assessor’s Office a couple weeks back and spoke to a staffer in your absence about a person in my Ward who is disabled and who is having problems with her assessment, no one ever got back to me and I want to know when I can reach you. Assessor Otte-You can call me tomorrow afternoon. Supervisor Stec-Any one else for Helen? Thank you Helen you are doing a great job, I appreciate your support, your hard work, your accuracy, your fairness and all the things that everyone doesn’t say. 5.0WARREN COUNTY HISTORICAL SOCIETY BUILDING SPACE – PART III 719 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Dr. Marilyn VanDyke-This was based on the suggestion that we give a proposal for you to consider. Councilman Sanford-Right now this is a discussion item, and depending on the discussion items we may wish to move forward and incorporate this into a resolution that would then go in front of the public at a Town Board Meeting for further discussion and a vote, is that where we are? Supervisor Stec-Yes. Councilman Sanford-We are not going to be making the decision but we are going to be doing further discussion tonight. Councilman Strough-Hopefully to a point where it is agreeable to all regarding a contract. Councilman Sanford-Can you contrast the Warren County Historical Society to the Chapman Museum so I have an understanding as to how the two organizations are different and whether there is a commonality or not? Dr. VanDyke-The Chapman Museum is the museum arm of the Glens Falls Queensbury Historical Society, their mission relates to the promotion and development of history Glens Falls and Queensbury. The Warren County Historical Society addresses the total vision of Warren County. We have two different activities going on but we do work together and we collaborate on different matters related to the promotion of history. Councilman Sanford-Was there any discussion where it might have made sense to have one organization and incorporated the County perspective as well as the Queensbury Glens Falls? Dr. VanDyke-There are all kinds of historical societies and many of them across the State of New York are within the local communities in which they reside but there are also County Historical Societies in every County but one in the State of New York, so they all evolve in different manners, there has never been any discussion about combining. Councilman Sanford-You were at the old Troy Shirt Factory on Lawrence Street, but you will not be there for too much longer. What are you paying out of pocket now? Dr. VanDyke-I did indicate that at the last meeting, I do not whether what we pay for rent is germane to what we are asking you here. Councilman Boor-I think we are looking at market value for comparison there may be other facilities that are available. Dr. VanDyke-It is five hundred and fifteen dollars a month we have eight hundred and twelve square feet our self plus we have double that amount that we have received in assistance to have. Noted that does not include heat and lights. In looking around for other facilities to rent, the rents have been very prohibitive, over a thousand dollars. Councilman Sanford-You can look at this as a arm lengths arrangement where we are basically taking on a role of a landlord to a worthy organization, what I am seeing this proposal is a relationship much different than that one in which we are recognizing a benefit to the community as you pointed out similar to that of Senior Citizens and maybe not comparable to but another example was the State Police Barracks. I gave out suggestions in terms of a lease, the amount that you proposed as rent my understanding is here looking for that to be inclusive of utilities, heat and light, it comes to seventy cents a foot, it comes to an amount of two hundred and thirty three dollars a month significantly less than what you are currently paying. In addition you are looking for the Town to make it ready for you which will include handicapped ramps, work on bathrooms, cutting doorways, removing walls, doing some lighting and some electrical work, which will be an upfront cost for essentially no return at all. I am looking at this is sort of comparable if you were on the list that we addressed in January where we look at various 501C3 organizations, we are not using Taxpayers money to give contributions to charitable 720 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 organizations, we are looking for service contracts. Based on your proposal there is really no other way to look at this as you presented other than in that context. This does not come close to a situation where you are saying look at you have some space, we would like to rent it may prove to be a favorable alternative to what you are doing now financially. Now, let me go back to my other question which is less financial in nature. I am very interested in this concept of a heritage center at the Oneida Corners and I was wondering to what degree can there be assurances that the Grange Building can remain in tact and what utilization may possible exist for that building? To me that is a great building that could have a lot of potential for town meetings and other events and I certainly would not want to see that building go the way of the Granges. To what degree could your involvement over there in Sunnyside service to preserve the Grange and the Oneida Corners? Dr. VanDyke-We have been meeting with the Grange personnel several times, and they are interested in the preservation of that building. They are also an organization that is very small in number and they do not know what their long range future will be. They do not want to sell the building because if they do any income from the sale would go immediately to the National Patrons of Husbandry rather than remain locally. They are interested in someone taking over the care and maintenance of that building. They are in the process of drafting a lease for us at the present moment. Councilman Sanford-So the management of that building may very well fall under the jurisdiction of the Warren County Historical Society? Dr. VanDyke-That is very possible. Councilman Sanford-To me that is important. Councilman Boor-That is one of the points that is the biggest concern to me, is the preservation of the Grange Hall. It is extremely historic and very relevant to that area, it is the only one in Town. I would like to see us garner this grant money or this establishment as you referred to in previous meeting heritage center. I think that is as important as any small part of what you have suggested here. I would like to know if the Town could be of help as far as, are you applying for grants or what are you doing in that respect? Dr. VanDyke-Our discussion at the moment in relation a heritage center stems with the discussions we have had with the Lakes to Locks Program. The Grange itself would be on a heritage trail. It would be possible for us to become either a wayside point or a national heritage center under that program, that opens up doors for grants. The Grange would have to have a handicapped accessibility and some other things. Councilman Boor-I hope with the opening of the Great Escape Lodge and the large hotel across the street, that we will be in fact receiving more bed tax monies and I see those types of monies as the types that might help a heritage center. I would certainly push to have some monies go into an endeavor such as this. This is preliminary and I am not sure where we are in the Lakes to Locks and what kind of time frame is there as far as establishing a heritage center. Dr. VanDyke-The Warren County Historical Society is already in the Lakes to Locks program we could apply for a grant tomorrow if we wanted to. Councilman Boor-The Grange certainly needs paint. Dr. VanDyke-Currently the Grange itself is planning to paint the building this summer as one of the last things they would do if we entered into the lease agreement. Councilman Brewer-If you are in negotiations with the Grange, why wouldn’t we exert our energy in trying to help you get into the Grange into a permanent place rather than alter a building we are using now, create something and then find out maybe several months from now you will move to the Grange? 721 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Unknown-There is not enough space for the offices and collections if we move everything into the Grange, that is why we are having the collections and an office in the fire house otherwise you would be filling it up with boxes of artifacts. Councilman Sanford-For any number of reasons it is not suitable to be converted over to the purposes that they are looking at for their core activities and that was part of the discussion that took place when we met at the fire house a couple weeks back and toured it. My concern is to what degree if we do take action here and it falls through with the Grange then the proposal is diminished in my eyes. If we move forward and there is in fact a consolidation of efforts between your organization and the Grange then that enhances this proposal. Dr. VanDyke-The lease is being drafted and when it is presented to the Society then they will consider the terms and the Board will vote yes or no. The first idea if we had the Oneida Grange we would consider that building in terms of its museum potential. To have a large exhibit room on the main floor and there would be some room retained downstairs by the Grange people so they could have their monthly meeting. In the fire station we are thinking of that as the office for the Society, the business and working office, where the collection would be housed for now. The two buildings would complement themselves. The Grange building would most likely be open, Spring, Summer and Fall, so when the public came by on the Lakes to Locks Trail they would stop in the building looking at the exhibits. Our present plans are to occupy both buildings. Councilman Strough-All you are asking for is a portion of the building. Councilman Sanford-Questioned if the two thirty three a month would include heat and lights? Dr. VanDyke-The cost per month would be two thirty three per month includes heat and lights. Councilman Strough-What Marilyn is saying is the Warren County Historical Society will take over the utility costs. Councilman Sanford-I do not know the cost of getting the building ready. Councilman Brewer-We should get an estimate from Chuck. Need a detailed list of what needs to be done to bring it up to code. Councilman Sanford-The only other issue I have is the term of the lease, which your ten years is just too long for me. I think a ten year lease is too restrictive for any party particularly the Town. Dr. VanDyke-What do you propose as an alternative? Supervisor Stec-First we have to ask the Attorney what we may be constricted by law of how lengthy a lease we can enter into. Councilman Sanford-We want something that is reasonable and realistic, I do not know what it is, but I do not think it is ten. Supervisor Stec-I we are going to compare this to what we do in January and I will take it upon myself to try to monetize the value of that. Budget Officer Switzer-I think you have to in order to have that in the agreement. Supervisor Stec-The highest one we have is seventeen, I want to know how this stacks up against that. Councilman Sanford-Conceptually, and I am not saying how the Board is going to vote on this, I am not unprepared to somehow get this into some form of a resolution for our 722 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 board meeting once some of the items are known. I will be happy to get some numbers and to give some direction to who ever would be the person who would prepare a resolution for the Board to further discuss and vote on. Supervisor Stec-You should deal with the Attorney on that. Councilman Boor-The things that we wanted to get clarity on the length of the lease, the amount and cost of improvements to bring it to code, the moving forward and probability of a Heritage Corner being recognized by the Lakes to Locks Organization, and a cost of the rent or lease if it is covering utilities. What will be the ultimate financial responsibilities be to both parties and a time line relative to how long you could go in the first section that you were addressing relative to expanding. We do not have clarity with regards to the voting machines, we hear one year, year and a half, but the issue comes done to even though we go to the computerized ones believe it or not the computerized voting machines are as big as the manuals, they are not small. We are not planning on housing them but it depends if the County does what they are supposed to do. Budget Officer Switzer-There are some insurance issues that need to be addressed too you carry workers comp insurance? Dr. VanDyke-We have liability insurance and property is insured. We are in the process of discussing workmen’s compensation; I am the only paid employee in the organization. Councilman Boor-Would you consider moving your Queensbury Historical Office to that building and could she then be covered under the Town if it was a joint office? Dr. VanDyke-I suppose it could be. Budget Officer Switzer-Only when she is acting as a Town employee. Dr. VanDyke-What is the problem with the historical society and its workmen’s comp, I do not understand why you are asking the question? Budget Officer Switzer-If you are a paid employee, I want to make sure if we are housing, if we are leasing space to you I want to make sure that your employees would have the same coverage as if they were the Towns employees. Councilman Sanford-The paramount concern is that the Town does not have a liability. I would ask that the Ward I Councilman support me and assist me on this because it is in his Ward and he knows a lot about construction stuff as well. We will be happy to work on this and try to get it into a resolution form, I am not sure when that will be we will have to get back in touch with you on that. 6.0COMPRESENSIVE LAND USE PLAN UPDATE Councilman Strough-The original PORC Committee was designed to remedy some of the problems of the zoning codes in terms of interpretation, in terms of congruence with the Comprehensive Land Use Plan. We have gotten to the point of spending a hundred and twenty thousand dollars to hire Saratoga Associates, we are looking to re-vamp our land use plan we are looking at new zoning and I think it is time that we consider expanding our committee. Suggested keeping those that are on the committee now, but I think we need to add members of the community, and members of the Town Board. Need more review with Dave Hatin and Craig Brown, they are the ones that deal with the Zoning Code everyday. It really is a comprehensive land use plan and zoning update committee, so I think we ought to make one that is more of a reflection of this community. Councilman Brewer-If we are going to form a new committee are they going to start from ground zero? Councilman Strough-No, we are just going to expand the committee. 723 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Brewer-How many more would you want to appoint? Councilman Strough-It is a matter for discussion tonight. Councilman Sanford-Questioned if the attendance of the core members dropping off to that level that you … Councilman Strough-I think it is an attendance issue, but it is also putting a lot on the backs of the three or four members that do show up, I think they would enjoy the diversity of allowing others to become part of their process. I think we will get a better product out of it by allowing an expanded version of the process. Supervisor Stec-I would like to hear from their chairman if he agrees with you. Councilman Strough-I do not really think it makes any difference whether he agrees or disagrees I think it is up to the Town Board. Councilman Boor-It is the five members of the Town Board that will have to review if we do a good job, we will review all the information and all the documents, if we don’t do a good job we will farm it out to a PORC Committee and then just rubber stamp whatever they say. I think in light of the notion or the fact or the belief that by October we will have something that we can approve I think it isn’t too early for the Town Board to start actively getting involved in this thing. PORC has put a lot of time and effort into it, the simple fact of the matter is we haven’t gotten one recommendation from PORC out of eighteen or twenty however months they have been together not a criticism just an observation. As a Town Board Member I am no better informed then I was when we started this with the exception of when I actually attend these meetings whether they be the PORC or the joint meetings with Saratoga Associates. Just like in a company where you have management, middle management, and workers at some point in time I think the good manager goes right down to the green chain and see’s what the workers are doing and what the company is all about what they are producing. If they realize on middle managements rendition of what is happening they often times are left really not understanding what is going on. Whether we expand, discontinue alter whatever you want to say with regards to PORC, I do not think it is too early for the Town Board to start interacting directly with Saratoga Associates and PORC and maybe what we should do is put a memo out to PORC and say we appreciate the work that you have done and what you will continue to do but at this point in time it would be most helpful if within the next thirty days you could put in writing your observations and recommendations in regards to comprehensive land use plan zoning and any other issues you see facing this town so I can go home and start reading, it is over due and we have to get on the ball here. Supervisor Stec-I am inclined to prefer that route, I agree with you and I have gone to a lot of the Saturday morning things and but certainly we are getting to a point now where they have something akin to a product for us to start taking an eyeball, kicking the tires and looking at and certainly they should be starting to provide us some rough ideas and feedback. If we are going to tinker with the composition, I would prefer to just expand it by either formally or informally involving the Town Board more with this process. Councilman Strough-If you are familiar with the process, the hard work is now just starting, it has been light fluff up to here, there has been a lot of public input, right now the difficult the hard the very critical stuff starts now. The zoning the actual wording starts now, and I think it is important to have public input. I think it is important to have Town Board input especially since you are the one that is going to have to approve it. If you wait until the very end and you get a document like this, you think you are going to absorb that right away, and be able to see inconsistencies etc in it good luck. If you are part of the process you are more likely to make it consistent as you go along. Councilman Brewer-I think we should have a meeting with them find out what they have done and what they have to present to us and start working with them on it. 724 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Boor-I would like to get something in writing read it and then meet with them. Executive Director Ryba-When the proposal was put together in a contract which you reviewed there are steps in there for discussion with the Town Board. We had asked Saratoga Associates meet during a workshop that is in April. It has been an open process in that everything has been on our Web site all our materials are there, in terms of hearing what the public had to say and how that is incorporated into information, it is there. Sr. Planner Stu Baker-In terms of documents to review we are right on the verge of completing a draft of the updated plan which will be available for review. There is a draft document out there preliminary plan concepts which provides sort of a broader overview of some of the ideas that the committee is looking at and moving toward. The draft document itself is a more substantive product. We have been encouraging and accepting comments along the way through the entire process. In terms of zoning we are just getting to the point where the Saratoga Associates team is beginning to draft some revised zoning language so that will be available for review and comment shortly. Councilman Sanford-I have concerns about the composition of the PORC committee right from the beginning it is basically I do not want to use the word employees but they are technically employees to some degree. If you are on the Planning Board or on the Zoning Board and basically you took some from that group some from another group and they are working with employees at staff level and I have to agree with Mr. Strough that there is more than a handful of very committed citizens out there who I think should be part of this and help steer it in a certain direction rather than just through purposes of their attending meeting hoping that their thoughts are incorporated into this final document. As a Town Board Member what I am hoping to see is a product where I would call it red lined product which would show from the point of departure the existing documents be it one seventy nine zoning or whether it would be the comprehensive land use plan where you would have red lined out your additions your subtractions so that it is not a matter of a document what do you think, I would know the basis of what existed before hand so I would have that point of departure when I am reviewing it. According to Town Law Code Book it suggest that when you have committees of this nature that you do appoint a Town Board Member to be part of those committees. I appreciate what Roger is saying maybe we deal with staff and Saratoga Associates and bring this thing on home that is at one end of it on the other end of it we go and look to reconstitute the board so that it is more relevant. My inclination is that to get this into a working position for me to review I am inclined to definitely see direct citizen involvement rather than just input. I think we need to have the community involved in the process, not just going to meetings raising their hands and hoping that it gets incorporated but actually be part of the steering process. Councilman Strough-I agree with that. Councilman Brewer-How do you know that it has not been included? Councilman Boor-We don’t and that is the issue. Councilman Sanford-Roger Boor I think stated it very clearly, we haven’t receive Councilman Brewer-I understand and agree, that doesn’t mean that they are not doing anything now with staff and incorporating, getting ready to get a draft, let see what the draft looks like find out what is says. Councilman Boor-Unless you have attend the meetings or read the web page you are not going to know if one comment from the public is incorporated in that, and that’s very poignant when you think about it, you have no idea where these ideas came from, Tim. I want to assured that the public has had an input. Executive Director Ryba-All of the information that is put together on those sheets are part of the product and we get 725 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Boor-When you say sheets are you talking about Executive Director Ryba-When they actually use the big sheets that is something that shows that here are your colorations between what was put out there in the public and what was Councilman Boor-As a point of procedure, when these sheets were generated who did the editing, Saratoga Associates. Executive Director Ryba-They did it. Councilman Boor-So it wasn’t PORC Executive Director Ryba-No. Councilman Strough-When Saratoga Associates meets with PORC, it is usually seven to nine, it is the relationship between the committee and PORC, between Saratoga Associates and the PORC Committee that is the strong bonding there is where the recommendations are going that is where the yes and the no’s. There is a public session afterwords but it is almost an after the fact. I certainly get the feeling that their input is not as strong as that committee’s input into Saratoga Associates. That is why I think that committee needs to be diversified. It needs to add members of the community, the Town Board whatever, it needs to be diversified. If you were not at the last PORC meeting there are currently laying out zoning and they have one core area of Glens Falls where they said maybe there should be high density and another outer band and maybe that should be high density but as not as high density. Before we start discussing density we ought to use our open space plan that we have already incorporated and agreed upon and identify the open space desires of this town, identify the cultural and historic resources of the town, identify other geographic features that are important to us before we even start talking about density. Let’s identify those areas we want to preserve. That is what I think should go first. In any event it is that kind of diversity that I am not seeing that kind of open discussion not seeing with the limited number we have got on the PORC committee. This comprehensive land use plan is just so important. Councilman Boor-Would or could it work if we got a draft and then we let the citizen make comments on the draft, or do you think they should make comments prior to the draft? I think it can be changed with citizens comments after a draft, I am not married to either one of them. Councilman Strough-Citizens comments are just never going to be as strong as your committee comments. Councilman Boor-I would tend to agree, but my point is if you give them the opportunity to say, they said we should have only five people over there and then how does everybody feel about that and the public said we think there should be four, we could change it. I understand the logic and I do not have a problem with it, how do you do it in a timely way, without redoing everything that has been done. Councilman Strough-You take the current PORC Committee you name it exactly what it is it is going to be the Comprehensive Land Use Plan and Zoning Update Committee and put members of the community on it maybe a Town Board Member who ever else you think would be appropriate but I think now is the time to do it. Councilman Boor-Definitely now is the time, I think citizens input is paramount how can it be most effective I guess my question is by doing a re-write from the beginning or by seeing what has been done and then letting the citizens comment? Supervisor Stec-We have had a run of that lately of things be declared failures without knowing what you are talking about yet. I would prefer before we pass judgment on the efforts that PORC has done and Saratoga Associates have done and staff has done and members of this Town Board has done I would like to see a product. 726 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Boor-How far is the draft from being presentable even in draft form even if it is rough draft form, we do not want it so done that it cannot be changed. My point is where it is not dominated by staff and quasi government officials. Supervisor Stec-Or special interests. Councilman Sanford-Or Saratoga Associates for that matter. One of my concerns is, is that the PORC committee holds court and Saratoga Associates does the whole project because PORC is too thin. If three of four PORC people are showing up to these meetings that is not encouraging, this is a heavy job and requires a lot of heavy lifting, a lot of work has to be done on it. I am not sure you are getting that out of the PORC Committee, you may be getting much more reliance on Saratoga Associates. It wasn’t too long ago that I went to the Queensbury High School to hear Saratoga Associates, but there were two things that were very revealing when the project manager was giving his update and this is like meeting three or four into a series of five meetings and he was talking about Cloverdale, I think he was talking about Cleverdale and someday this lady thought it would be nice to visit this store she has heard about that might be a good example of retail store called Suttons. I do not feel comfortable with them authoring our vision I would rather have some concerned community people and citizens and maybe a Board Member who really puts the time in involved with this. Supervisor Stec-Stu could you comment on PORC Member attendance? Sr. Planner Baker-The original committee was eight members, four from the Planning Board, four from the Zoning Board, two Planning Board members resigned from the committee and were not replaced so it has been a committee of six. I think most attendance has been at any of the committee meetings has been four we usually have five or six. Councilman Brewer-How many more do we want to put on this John? Supervisor Stec-Who and how do we pick them and where are they from and what do they do and what are there interests and what are their conflict of interest, how good of a cross section are we going to achieve? Councilman Strough-I have seen some people there that have had some great ideas that I would nominate for being on that committee. I think we should have a committee of let’s say ten and hopefully on a good night maybe six or seven show up. Councilman Brewer-How do we bring them up to speed? Councilman Boor-A lot of them have been attending every meeting. Councilman Brewer-How long before we have a draft? Sr. Planner Baker-A rough draft within a month. Councilman Brewer-Is it a time threatening thing that we appoint these people before we get the draft? Councilman Sanford-I would like to move forward with strengthening the committee. Councilman Strough-I would too. Councilman Boor-How do you plan to do that, procedurally how would you want to approach that. Councilman Strough-I would offer two things, renaming the committee to what it really is The Comprehensive Land Use Plan and Zoning Update Committee. Supervisor Stec-I do not think anyone will argue with you on that John. 727 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Strough-I think we are at six members, I would offer adding three members of the community and one member of the Town Board. Councilman Sanford-I want to see this thing get through to a product and I think that John is right I would rather not even wait another month I think what he is suggesting make sense. John you seem to have a big interest in this I would feel very comfortable if you were the Town Board representative and if you want to present for suggestions three other people that are willing to serve I think I would be happy to consider those people. Supervisor Stec-I would suggest that if we appoint John, then Tim and I pick two out of the other three and you guys pick the third and fourth. Councilman Boor-Don’t go there we will vote on it. Councilman Sanford-I will suggest that all appointee have to be approved by the majority of the Town Board. Supervisor Stec-Of course that is how it works. Councilman Strough-Lets see what kind of volunteers will come forward if we are going to have three citizen openings maybe we will have a nice list to chose from. Councilman Brewer-Suggested putting an ad in the paper. Supervisor Stec-I agree. Councilman Boor-We are going to have to have more Town Board involvement, whether we want to or not. Those of you that are not involved it is getting late. Executive Director Ryba-I think we had a very successful open space plan committee, it had a good cross section. 7.0TOWN ENGINEER RFQ COMMITTEE UPDATE Councilman Strough-The reason I am thinking of a Town Engineer 1. cost effective If we have our own Town Engineer we can reduce our engineer cost significantly 2. Better to have someone, on site familiar with the Town process. Looking at traffic, storm water, looking at things in a cumulative nature in this town and with a remote engineer I do not think we are getting the cumulative picture. I think someone in house would be able to work with us more closely, work with the GIS, work with the other facilities we have on board and give us a better product. We are one of the few towns our size that doesn’t have a Town Engineer. Presented the Board with a packet containing a job description and pay rates, forty to eighty thousand. Councilman Sanford-Noted some towns have tried to get a elderly or an engineer who has somewhat made his mark and is looking for, I do not want to say less demanding, but sort of expects a little less in compensation but is willing to do it because of his or hers position in life as it currently is. You are not probably going get your high powered forty something year old engineer at the pay scale that Mr. Strough mentioned but you may get a very competent engineer who is looking to phase down a little bit. Councilman Strough-Do you think this is a good idea and worth pursuing? I think we can draw up an RFQ that would meet our needs and put it out there and see what we get. Councilman Sanford-I would encourage it. Our agreement with our engineering firm ended in December. I think this is something that we should pursue and see what is out there. I think it could save the town money and provide all the benefits that you mentioned. 728 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Strough-It will save the Town money but the quality of service will also be enhanced. Councilman Boor-I think it is important to mention that is does not preclude the hiring or outside engineering. I spoke to the Attorney this morning about we currently in 1991 passed a local law that we were not going to abide by the State’s mandates with regards in determining high water tables and that we would allow certain engineers to determine high water levels, ground water levels out of season. I think that was a mistake and I think if we had an in house engineer we could do those types of things. But the problem with the engineers that we selected to do these out of season tests are the very engineers that every applicant uses when they come before our board. So, the conflict is inherent that we are not going to be getting good data. It was very, obvious at the last Planning Board Meeting when an applicants Attorney several time chastised the Planning Board and some individuals who got up and spoke and say you cannot rely on the emotions of these people it must be science. Then within a minute and a half later he said that he had not done any test borings or test pits but that the water table was somewhere between zero and five feet. When we have those types of statements being made I think it is very important that we have an engineer that is working for the Town only for the Town. I think we will be able to much better protect the population and it does not preclude us from using the engineers like CT Male on the larger projects. I think it is critical that we feel that our engineer is actually doing what is in the best interest of the Town and not working for somebody for pay. If an engineer comes before a board make no mistake he is going to be advocating for that individual or you would not see him. Executive Director Ryba-Presented a handout to the Board on engineering costs in the Town for the year 2005. Councilman Strough-For Engineering and surveyor fees we paid over seven hundred thousand dollars. Some of the services depending on the kind of engineer we get, some of the services we may provide the sewer department, some of the engineering services that we provided the applicant we can charge them for the cost and what ever it us for the Town Engineer we can get some reimbursement from that cost. I think it is a win, win situation and it will save hundreds of thousands of dollars if we get a town engineer. Councilman Sanford-We will have a better trained set of eyes on how things are going. Budget Officer Switzer-Just a case in point, there is no money in the budget right now for an engineer, it would have to be approved by civil service if you wanted it to be a civil service position. Councilman Sanford-The way this is typically set up in other towns the employed engineer is housed within the Community Development Department and answers to the Executive Director of that department. In terms of the budget I am not at all concerned because I think the contracted services would far exceed the employee cost for in house engineer and so it would be budgetary favorable. Budget Officer Switzer-If this is the direction you are going in you have to know that it is going to take time for the position to be approved. There may be a position that is written already up at Warren County Civil Service that this is, what if not, then there may be some time delays in getting that classification the way that you want and getting someone on board. Councilman Sanford-I would urge to move forward in finding what is out there so we can move on this. Executive Director Ryba-One thing I would want to make clear is that some of these projects, we have hired for example the Route 9 & 254 we are on contract which are extensive projects and they are really not something that we do a lot of things for other departments but to have an engineer for a sewer or water project might be a little too much. 729 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Boor-The notion that this engineer is going to be handling the Main Street Corridor and the 9 and 254, certainly but we would be afforded very competent review of their work. Councilman Strough-When we do draft a proposal for outside engineering having an inside engineer will help us to draft a more sound proposal. I think there is a lot of benefits of having an inside engineer and we should get on this right away. Board agreed to move forward. Budget Officer Switzer-Will have the County send us their information on an engineer under civil service. (CHANGE IN ORDER OF AGENDA) 9.0 BAY MEADOWS SEQRA Councilman Sanford-Concerned about storm water issues this winter the flooding st elevated my interest. I happened to go to the Town Planning Board Meeting on the 21 and I was listening on how that process was taking place and all the concerns that were being raised by the public and by the Planning Board Members regarding storm water management and high ground water levels. I inquired whether or not at that time whether or not it would be wise for the Planning Board to make a referral to the Town Board to reopen the SEQRA determination that was made in November of 05. That was heavily debated back and forth and then the next morning it occurred to me that probably wasn’t the most appropriate way to phrase that question. Maybe the question didn’t need to be asked at all. I called Mark Schachner, Town Counsel, and I put the question to him, can the Town Board, forget the referral from the Planning Board, can the Town Board who served as Lead Agency, revisit the SEQRA if they feel new information such as the recent winter flooding storm may have had an impact regarding the prior SEQRA determination and findings. During that discussion we used a whole host of examples, fore instance if a PUD was approved and after it received a SEQRA approval there was an earth quake and then it was found out that the project lies underneath a fault. Obviously it would be revisited. So, I gave him the particulars in this particular case with the winter flooding, and he said, this was one of the easier questions you have ever given me. The answer is yes. The Town Board can revisit the SEQRA. The Town Board one could argue is obligated to reopen the SEQRA and do a complete and accurate review. It is a Town Board decision not a Planning Board decision, although the referral could have come from the Planning Board there is nothing wrong with that. Mark told me he would defend the Town on this without reservation. This was based on a phone conversation with Mr. Schachner on 3-22-06. I asked Dan to put this on the agenda to decide whether or not the Town Board wants to reopen the SEQRA. It is certainly not appropriate and it is not the intention of bringing this up as an agenda item at this workshop to discuss in detail the merits of this application or for that matter any application that may be in front of the Town, and there is an application before the Town. Any discussion in detail needs to take place needs to take place as part of a public meeting that has been properly noticed. If we were to move forward and reopen the SEQRA the process would work somewhat like this. The decision would be made to re-examine the SEQRA and it would have to be mostly focused in the area upon which the new information presented itself. You cannot go back and revisit traffic studies but you could revisit wetlands and storm water. At that point in time the Community Development Department would notify the applicant as well as the Planning Board that the Town Board was doing this revisiting of SEQRA and the application that they are currently dealing with would be on hold until we were done and completed our review. Mark further stated that since we are a Town Board have yet to make our final determination regarding the sewer extension that we are still very much involved with the process and the project and that the contemplated action that I was suggesting would be totally appropriate. This is background I open it up for discussion. I am in favor of it. Supervisor Stec-I would like to hear from staff. 730 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Executive Director Ryba-If there is something that the Board believes is valid for reopening the SEQRA then that is the case. Supervisor Stec-Certainly you can always say there is always new information that is available. For me and the intent here is State Law and hopefully what we are trying to accomplish is how significantly new, if we are saying we did not know that there was a fault line here and now we found out there is a fault line here that is significant new information. I do not know the answer to this question but if there is any new information are we required to reopen that it be open? Councilman Boor-If what you are looking for is a comfort level with respect to reopening this I think maybe I can shed a little bit of light. Certainly it deals with storm water and drainage as I believe Mr. Sanford is going to but it is less reliant on the fact that we had this flooding occur and it is more in line with the action that the Town Board took and th that was when we did our SEQRA review. On November 28 we were asked our typical SEQRA questions and one of them is impact on land and we answered no to the question I am going to read and it says “Construction on land where depth to the water table is less than three feet.” and we answered no on that. What is interesting is that this Town Board had actually read the Part I of the SEQRA they would know that it says that the ground water is within zero to four feet. So, one could say that it is not new information because it was in Part I however it became information to me through my negligence for not reviewing very carefully Part I when I went to the Planning Board Meeting and the Engineer for the project stated that the ground water was between zero and four feet. That was new information to me, through my own negligence for not doing a good job and everybody else voted no on that too, so either all of us didn’t take the time to read the Part I or we did not understand it. It really it does not make any difference which one of those it was the simple fact of the matter is we did not answer the question correctly. I think it has a tremendous impact on whether or not you can build, certainly to the extent that is being proposed. I would concur with Mr. Sanford, it would be negligent for us to pretend that we don’t know that there is ground water at surface level as the engineer had stated for the applicant. Councilman Sanford-One of my concerns, and again I do not want to get into the particulars of this particular application, I am not going to go there, but when I was looking at all the problems that were taking place I spoke with people from Warren County, I spoke with Rick Missita from the Highway Dept. and I got to have a much better appreciation for all the correlations and the inter relationships that exist with the brook and the little streams that feed into the brooks. What they were all telling me is that over time what has happened is flood plains have been developed upon them and they have built them up and they would all look at me and say water needs to have a place to go. I am looking across Quaker Road and seeing the car wash and seeing Lowes and saying years ago if you had a storm water would go over the banks and flow into the meadow and into that particular floor plain and that would absorb a lot of it. Now it cannot go there because it is elevated and it is pushing the water back in and it is going further on down. The way it travels it goes right along Quaker Road and then it goes down Meadowbrook and then it goes down into this area over on Cronin Road. After I looked at that basement which had six feet of water and rising in the basement I think got into my vehicle and drove all around. When I hardly got over Meadowbrook because it was a sheet of fast flowing water that just flowed all over that road and Cronin Road it was horrible. I am saying to myself we have got problems. That rain happened when we did not have a whole heck of a lot of snow on the ground, imagine if we had two feet of snow. That was an awareness, that was new information that a storm like that could cause such flooding problems was new to me and increased my level of awareness and sensitivity to the issue. Since Dan and I have been exploring this with Warren County Soil and Water and with Rick and everything else I have subsequently learned that we have got some real sensitivities and some issues that need to be addressed. I am not drawing any conclusions as to what the out come of a reopening of the SEQRA would be but if we don’t do it we are kidding no body we are not doing our job. Councilman Brewer-When we did the SEQRA didn’t we not do the SEQRA on the rezoning? On that particular project we did it on the rezoning, correct? 731 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Sanford-I did not do SEQRA I was not on the Town Board. Councilman Brewer-I am saying us, we as a Town Board not necessarily you. The question is when we did the SEQRA did we do it on a specific project or did on the rezoning of the property? Sr. Planning Baker-The original intent at the time the Town Board was reviewing the PUD amendment was that the SEQRA was going to be on the zone change alone and not the associated project. That was due in part to a request of the applicant to keep them separate in an effort to get through the PUD amendment, quicker. The actual result due through a combination of how the long EAF was filled out and the language used in the resolution by the Town Board when the negative declaration was made is that the SEQRA was done in effect for the entire project both rezoning and the associated project. Councilman Strough-Were any test pits dug in this particular area where this project is? Councilman Boor-No borings or tests pits was given in testimony at the last Planning Board Meeting. Councilman Sanford-Plus John and not getting into too may details or particulars I did ask Marilyn for a drawing of this not only is this is a flood plain it is in a flood way part of the project. Flood way is to be distinguished from a flood plain in that if you were to draw a line down the center of the brook. Councilman Strough-Has the applicant proposed any mitigation for that? Councilman Sanford-I cannot speak to that and I do not think we really should. If we reopen SEQRA that is all the types of things we would talk about and we have not made that decision yet. We are doing a terrible disservice to the whole application process to get into too much trouble. I did want to point out that we are talking about not only flood plains, flood way issues here which to me is pretty significant stuff. Executive Director Ryba-Floodway? Councilman Sanford-There is a section of the property that goes right into the floodway. Councilman Boor-Here again how particular do you want to get? Councilman Sanford-I did not even need to bring that up. Councilman Boor-The problem that I have is that we contradicted our selves in Part I and Part II and if we are going to do justice to this process we should reopen at and determine one or the other and I do not know how as the applicants engineer stated we should rely on science not emotion and there are no test pits and borings so there is no science to rely on . It is incumbent upon this board to get some science. Supervisor Stec-I see what you are talking about in Part I in Part II which page? Councilman Boor-Page 143 Supervisor Stec-I want to make sure that we are understanding the same thing. If I am looking at Part II right now and number one impact on land, what do you believe is checked here yes or no? Councilman Boor-The thing is Dan the resolution says that there is no ground water within three feet and then on this part it says Supervisor Stec-Is that the resolution? Councilman Boor-This is a resolution. Supervisor Stec-I follow you. 732 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Councilman Sanford-Some of the people from the public are here, this isn’t a public hearing but I believe that there are some materials that they want to present to the benefit of this Board. Why don’t we hold off on that and when we have the hearing it can be presented then. Supervisor Stec-I hear that we are heading toward re-doing SEQRA. Councilman Boor-Just reopening it. We are not looking at traffic, we are not… Supervisor Stec-Marilyn I will leave it to you to figure out are we redoing the whole Part II or … Executive Director Ryba-You are reopening to ask a particular question. Councilman Boor-One topic. Executive Director Ryba-If you wanted to do that I would certainly need to know what your questions are. Councilman Boor-I would like to be part of that. Councilman Sanford-We are going to be reopening the SEQRA that pertains to groundwater and storm water issues and as Dan pointed out earlier traffic concerns are not on the table. Supervisor Stec-We need to reopen it for specific deficiencies or perceived deficiencies in this case. I would not argue it is a deficiency in our SEQRA that we did in November. Executive Director Ryba-I just have groundwater and storm water issues and related items because there are questions. Sr. Planner Baker-Do you want to reopen this in a public hearing, the SEQRA was originally done as part of a public hearing. Supervisor Stec-I think we would ought to. Councilman Brewer-Do we have to advertise it? Councilman Boor-Definitely. Sr. Planner Baker-Will have a resolution ready for Monday. Supervisor Stec-Since this is the fault of the Town and not the applicant at least that is my perception that we made a mistake in November we should try to afford the applicant any courtesy to rectify this as quickly as we can, if we can. Councilman Sanford-The process would work like this the majority of the board decided to revisit SEQRA, then the Community Development Department would notify both the applicant and the Planning Board that this is what we are doing, the application that is in front of the Planning Board would be put on hold until we are through with the SEQRA process. Supervisor Stec-We will need to advertise at the next Regular Meeting. Councilman Boor-You are just setting the public hearing because they are not necessarily going to have their borings and their test pits. Councilman Sanford-The Town Board is going to be acting very similar to what takes place routinely on the Planning Board only it is going to be more of a single focus of review. 733 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 Supervisor Stec-Asked if the applicant had any questions? Applicant-I have one question to make the record clear, the reason that we are reopening the public hearing is for Board negligence, the storm water was caused by a hundred year storm that was already testified it was a employee error there was a manhole that was clogged and it was the fault of the Town not the applicant. Councilman Sanford-I am not going to answer that question what I will do I will discuss this with our Counsel and I advise our Counsel that he may wish to give you a call to discuss this further. Supervisor Stec-With no further comment we will head in this direction. 8.0LANDFILL OPERATOR UPDATE Supervisor Stec-Reviewed the proposal with the Board regarding the salary and overtime pay, will have a resolution as soon as possible. He will be staying union, noted he is in agreement with the proposal. Budget Officer Switzer-Noted the Attorney will be drawing up a letter outlining the proposal. 10.0DISCUSSION ITEM Supervisor Stec-West Glens Falls Fire Co. has a culvert pipe issue in their driveway, they got a quote and it is roughly $5,000. they asked knowing that we have the equipment and manpower the Chief asked if it would be possible for the Town Highway Dept. to do it. This would have to be done as a Contract Modification with a public hearing. The Chief talked to Rick he does not have a problem but wants to make sure the Town Board agrees. Costs would be labor, equipment use and labor. Board agreed RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 178.2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss the employment status of a specific individual. th Duly adopted this 27 day of March, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 179. 2006 734 SPECIAL TOWN BOARD MEETING 03-27-2006 MTG. #11 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 27 day of March, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 180, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. th Duly adopted this 27 day of March, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury