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2006-12-04 MTG52 REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 907 REGULAR TOWN BOARD MEETING MTG. #52 DECEMBER 4, 2006 RES. 580-601 7:08 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DIRECTOR OF WASTEWATER, MIKE SHAW PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ROGER BOOR SUPERVISOR STEC-Opened meeting. 1.0 PUBLIC HEARINGS PUBLIC HEARING AUTHORIZING PURCHASE OF PROTECTIVE GEAR BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY AND CORRESPONDING AMENDMENT TO FIRE SERVICE, AGREEMENT OPENED PUBLICATION DATE: November 24, 2006 MIKE GORDON AND SCOTT NUSSBAUM REPRESENTATIVES FROM WEST GLENS FALLS FIRE COMPANY SUPERVISOR STEC-The Town Board met with the fire company a few weeks ago in workshop to discuss a request regarding a need for replacement of emergency gear. We had talked about the number of sets and the desire to perhaps either borrow money or amend the contract then include it in the contract. We did the research and set the public hearing it is required to amend the contract so we did that two weeks ago for this evening. We will be potentially modifying the 2006 contract assuming that it passes tonight the contract will be printed tomorrow I’ll sign it and as soon as both parties have signed the amended agreement we could cut a check in the amount of money that we are talking about for ten sets of protective gear. The Town would be giving the fire company thirteen thousand dollars. With that said, the public hearing is opened if there are any members of the public that would like to comment on this public hearing just ask that you raise your hand and I will call on people one at a time to come to the microphone. These microphones not only amplify, but they also record. Is there anyone that would like to address the Town Board this evening? Go head, President Nussbaum and Chief Mike Gordon from West Glens Falls Fire. PRESIDENT, NUSSBAUM-Based on the conversation that I had this afternoon with Mr. Sanford and Mr. Boor I was wondering if we could get the motion amended to read for the full amount of the gear as discussed in the meeting. SUPERVISOR STEC-What full amount, what did you have in mind? PRESIDENT, NUSSBAUM-The amount was for thirteen thousand four hundred and ten dollars for the full ten sets of gear. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 908 SUPERVISOR STEC-I talked briefly with Mike Gordon tonight the thirteen thousand dollars was the last number I had when we went to go with the resolutions. I got a day later the number for thirteen thousand four hundred and ten dollars so a difference of four hundred and ten dollars. I don’t know normally when you increase an amount like this it becomes a public hearing issue where we would need to re-advertise a public hearing and delay this potentially another couple of weeks is my understanding. COUNCILMAN BOOR-For that amount? SUPERVISOR STEC-I think anytime you increase it. I’m not a hundred percent sure and I didn’t ask our attorney to be here tonight, but I see he happens to be in the audience, I mean four hundred and ten dollars. MR. GORDON-Dan I just want to say one thing. I got this bid back to you as soon as I could. I know you wanted it the next day…. SUPERVISOR STEC-I needed it Wednesday and I think I got it Thursday afternoon. MR. GORDON-Yeah, I couldn’t do it. The day I got this, I called you with it before you know it; it was already posted in the paper for thirteen thousand dollars. COUNCILMAN BREWER-Scott you guys don’t have four hundred bucks that you could put with this. SUPERVISOR STEC-That’s how I looked at it. COUNCILMAN BREWER-Then we can adjust your budget the four hundred dollars next year. MR. NUSSBAUM-The amount of money that we got right now we just paid twenty eight hundred for the truck. MR. GORDON-Yeah, I explained to Mr. Stec that our tower went down again. It is going to cost us anywhere between twenty eight hundred to thirty four hundred to get this truck repaired. COUNCILMAN BREWER-When will the gear be in? MR. GORDON-The gear will be in thirty days after the order. COUNCILMAN BREWER-Thirty days after the order will be next year we can cut you a check for the extra four hundred dollars next year out of your contract can’t we. COUNCILMAN SANFORD-Do you have an invoice that shows the thirteen four ten. MR. GORDON-Yes, I do. COUNCILMAN SANFORD-Look it, last time we had a regular meeting here we had a request for forty thousand dollars to outfit a truck the company couldn’t tell us what they were going to do with the hand tools. We gave them thirty thousand dollars without really proofing out that number. Here they have an invoice that proofs out the number four hundred and ten in my opinion is not a material deviation. Since they have an invoice that ties out to the thirteen four ten, I have no problem at all moving forward giving them the thirteen four ten. COUNCILMAN BREWER-I don’t have a problem with the thirteen four ten procedurally. If we have to delay this and re-advertise this I don’t seem the harm in saying okay we give you the thirteen thousand the beginning of the year. They have a contract whether they don’t have a contract we can given them the money we are talking about four hundred dollars. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 909 COUNCILMAN SANFORD-I don’t think we have to re-advertise. I don’t think what we are talking about in terms of a modification is particularly material. I don’t really see where anybody is going to call the Town out on it. COUNCILMAN BREWER-I didn’t come here to argue about four hundred dollars Richard. COUNCILMAN SANFORD-Well you are. SUPERVISOR STEC-Well because it might not be legal. What we think makes sense and what we think is the law might not be the law. This is the kind of thing that we could of asked our attorney about a week ago. COUNCILMAN BOOR-We didn’t know a week ago. SUPERVISOR STEC-Understood. Somebody knew a week ago anyways anything else the public hearing is opened. COUNCILMAN BREWER-I mean he is our attorney he is here can we asked you that Mark. ATTORNEY SCHACHNER-If you want. COUNCILMAN BREWER-I’d like to ask you do we have to re-advertise this. SUPERVISOR STEC-We advertised it for an amount not to exceed thirteen thousand and the amount that came in for this is thirteen four ten. ATTORNEY SCHACHNER-The generic answer is you are not supposed to increase the amount without a public hearing. I can’t tell you whether the amount in question would be immaterial enough to cause a problem with the Comptroller’s Office or be challenged. COUNCILMAN BREWER-I want to move forward and get the gear as much as you guys do. I laid out a suggestion I don’t know if it is acceptable or not. I’m sure we will anteup and give you the four hundred dollars it is not an issue Mike. MR. GORDON-Okay. COUNCILMAN STROUGH-Either that or you buy nine units and wait for the tenth one. COUNCILMAN BOOR-No. COUNCILMAN BREWER-I can’t imagine if they gave the order to them they have the money in the bank the first of the year is going to come and go they will have the money. MR. NUSSBAUM-The problem is that we probably won’t have the money through the end of the year that’s how close it’s going to cut this year. We went through all of this the other night talking about what our bills were for the year. COUNCILMAN BREWER-Scott my point is if you order them tomorrow thirty days from tomorrow is going to bring you into next year. We can cut a check on 2 January. MR. NUSSBAUM-We won’t have a check in hand that early. We never had a check in hand that early. After our discussion that we had, we were even projecting well into January before we would even be sitting down to discuss our budget and talk even further about other purchases. Was that not our understanding, I mean our meeting for tomorrow night had been cancelled so… COUNCILMAN BREWER-The thirteenth we are going to meet. If there is no objection to anybody on this board, we can cut a check after the first of the year for part of your contract to solve this problem. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 910 COUNCILMAN BOOR-The 2006 or the 2007 it would be the 2007 contract then. COUNCILMAN BREWER-I understand that. There is a provision in there that we can give them money without a new contract. COUNCILMAN BOOR-I just want clarity that’s all. SUPERVISOR STEC-We can cut a check the first of the year towards 07 if we are still in the middle of contract negotiations, which we may or may not be we could certainly cut an in 07 for 07 if we had to. COUNCILMAN BREWER-That’s my point. I promise you if we don’t get the money to you, I’ll give the money all right the four hundred bucks. MR. NUSSBAUM-Write that down. SUPERVISOR STEC-It’s on TV. MR. GORDON-He did tell me that on the phone. MR. NUSSBAUM-It’s just that we always end up coming into a situation like this where it gets dragged out longer, and longer, and longer every time we turn around. There is always something that comes up and before you know it, we’ve got bills that are piled up and we are late getting to our creditors. COUNCILMAN BREWER-Understood. MR. NUSSBAUM-It’s all because we are waiting on a check it is not fiscally responsible to be doing that. COUNCILMAN BREWER-I would agree. MR. GORDON-As we said when we were in last week we told you that our money is very very tight. COUNCILMAN BREWER-I understand that. You explained that to me at length. MR. GORDON-I’ve tried to explain that to you. I don’t know if people are hearing me it’s that’s tight. COUNCILMAN BREWER-I hear you Mike. COUNCILMAN STROUGH-Mike what is wrong with ordering nine outfits right now and saving one of those outfits because we picked ten it was kind of arbitrary anyway. MR. GORDON-I’m not arguing. COUNCILMAN STROUGH-All right. MR. GORDON-I’m not arguing that at all. COUNCILMAN STROUGH-We don’t have much of a choice we got thirteen thousand in front of us and that was my… SUPERVISOR STEC-The public hearing was advertised for ten sets not to exceed thirteen thousand. I don’t think that the four hundred and ten dollars is a lot to say, look when these things come in and your payment is due cover it with the money, you are going to have four hundred dollars to start the next I’m sure. In my seven years on this Town Board I’ve learned if I wasn’t sure, but fortunately the Attorney happened to be here that you don’t increase the amount that’s advertised. I know it is small and maybe no one would catch it, but we have never done it and I don’t want to start doing business that way. I don’t think what you are asking us for is a big deal. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 911 COUNCILMAN BOOR-What is the arrangement with the company that you purchased these from as far as down payment and final. Do you pay it all up front how do you do this? MR. NUSSBAUM-You order it they want the money then you get your product. SUPERVISOR STEC-Is there any other public comment. We can have you back I just want to see if there is any other, I doubt there is. COUNCILMAN BOOR-Obviously we are discussing this relative to the purchase of outfits, but the ladder truck going down what is the time frame on that. Where is that when is that going to get fixed what is the time frame on that. MR. GORDON-The truck has been approximately down for about five days now. I did pick it up today they have not tallied the bill as of yet. They gave us the truck so we could get it back in service. COUNCILMAN BOOR-Is that a thirty day I mean when would you be paying that bill. MR. GORDON-We would be paying that bill within thirty days absolutely. SUPERVISOR STEC-Anything else right now? Is there any other member of the public that would like to comment on this public hearing? Do you guys have anything else for us? MR. GORDON-That’s it. Thank you. SUPERVISOR STEC-Is there anyone else from the public, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING PURCHASE OF PROTECTIVE GEAR BY WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 580, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 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, the Fire Company wishes to purchase 10 sets of personnel protective gear as soon as possible to provide additional safety for its firefighters, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 912 WHEREAS, this purchase will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Fire Company received a quote from a supplier of such gear in an amount not to exceed $13,000, and th WHEREAS, on Monday, December 4, 2006, the Town Board held a public hearing concerning this matter and the corresponding amendment to the Fire Company’s Fire Protection Agreement, and the Town Board 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 the estimated $13,000 increase in the West Glens Falls Volunteer Fire Company, Inc.’s budget for the Fire Company’s purchase of 10 sets of personnel protective gear and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire protection services for the year 2006 by an additional $13,000 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, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Department to take all action necessary to provide for such $13,000 and amend the 2006 Town Budget as may be necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any action necessary to effectuate all terms of this Resolution. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 913 th Duly adopted this 4 day of December, 2006 by the following vote: AYES Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec: NOES : None ABSENT:None PUBLIC HEARING – AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK OPENED PUBLICATION DATE: NOVEMBER 24, 2006 SUPERVISOR STEC-I will open this public hearing. What this is anytime we want to add a stop sign that requires us to amend Ordinance No. 28, Tim Brewer brought to us an issue down in his Ward that a four-way stop by the neighbors was requested at the intersection of Garner and Caroline Streets so we set this public hearing a couple of weeks ago. With that the public hearing is now opened if there are any members of the public that would like to speak either for or against adding a stop sign at the corner of Garner and Caroline Street the floor is yours. DAVE COON-I spoke with Tim on this. There has been numerous accidents there we are concerned with safety. I believe everybody went and looked at it hopefully this will go through. The accidents have been a lot of kids on the streets and when the new street widening goes through they are going to be tearing down that street. SUPERVISOR STEC-I think you are right. MR. COON-Thank you very much. SUPERVISOR STEC-You are very welcome Mr. Coon. Is there anyone else that would like to comment on this public hearing, again stop at the corner of Garner and Caroline Streets down in the fourth ward? I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED DISCUSSION HELD COUNCILMAN STROUGH-One it should be requested by Tim Brewer not Councilman Turner. SUPERVISOR STEC-On the header yep fair enough. COUNCILMAN STROUGH-On the header. The second thing is we are not adding a four-way intersection we are making it a four-way intersection. It makes it sounds like we are adding four stops we are adding two stops on it to make it a four-way intersection. I think this intersection will need it too, I will add that. SUPERVISOR STEC-I am not sure, I believe that these are pretty boilerplate. I understand your comment as the stop sign shall be erected to make a four-way intersection it is currently a two way they will make it a four way. I am going to assume that it is boilerplate language, it is a fair point it is now on the record. Any other discussion, hearing none lets go ahead and vote. RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 914 RESOLUTION NO. 581, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Garner and Caroline Streets, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed Amendment to Ordinance No. 28 on Monday, December 4, 2006 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting by adding a four-way stop intersection at the intersection of Garner and Caroline Streets, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk’s Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 915 STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: ? Stop sign(s) shall be erected to make a four-way intersection at the intersection of Garner and Caroline Streets. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. PUBLIC HEARING – ESTABLISHMENT OF THUNDERBIRD & BUTLER POND ROAD AREA DRAINAGE CAPITAL PROJECT #162 OPENED PUBLICATION DATE: November 24, 2006 SUPERVISOR STEC-I will open this public hearing. These next four public hearings all have to do with four potential capital projects they are capital eligible projects that have to do with drainage. For people’s memory, the Town Board recently created a town-wide capital project for town-wide drainage. There used to be a Ward One Drainage Project we basically created that and then funded it from the Ward One Drainage Project so there are funds available there. All four of these next ones the work has already been completed so basically these are accounting actions to reimburse the general fund with the capital project funds for these four. The Thunderbird Drive and Butler Pond area one the amount of work cost thirteen thousand one hundred and fifty dollars so that would be the amount of the capital project that we would fund so with that said the public hearing is opened. If there are any members of the public that would like to comment on this public hearing, I would just ask that you raise your hand and I will call on you. PLINEY TUCKER-Who did the work on this? SUPERVISOR STEC-The Highway Department. MR. TUCKER-The Highway Department. SUPERVISOR STEC-Correct. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 916 MR. TUCKER-The Highway Department used Town help, Town equipment. SUPERVISOR STEC-Yes. MR. TUCKER-Where is the money going to go when you move it? SUPERVISOR STEC-Back into the drainage account that it came out of I think it is in the Highway account, which is a general fund charge. Right now, it is a general fund non- capital charge it will come from the capital reserve established for drainage to reimburse the operating funds that it came from. It is not new money it is just accounting function to reimburse the drainage fund from which it came from. The drainage fund is really more for incidental drainage work ditch clearing the smaller projects the non-capital projects. These four are actually for significant infrastructure improvement projects. MR. TUCKER-At the last regular meeting it was mentioned about double dipping. SUPERVISOR STEC-This is not double dipping. MR. TUCKER-Tell me how it isn’t. SUPERVISOR STEC-Money left one account and now what we are going to do is we are going to take money from one account and put it in the original account it came out. We are not paying for the project twice we are just changing where the money basically comes from the capital account as opposed to an operating account. MR. TUCKER-This includes labor, material and equipment. SUPERVISOR STEC-Yes. MR. TUCKER-And it was the highway department. SUPERVISOR STEC-Yes, we asked the highway department. MR. TUCKER-While they were doing this they were getting paid period. SUPERVISOR STEC-It is not double dipping. COUNCILMAN BREWER-They were paid out of the highway fund. The drainage is a Town Board charge he bills us we pay him back so it balances…. COUNCILMAN BOOR-We could have gone outside, but I don’t think we would have gotten as good a deal Pliney we could have gone outside contractor. SUPERVISOR STEC-We are doing the right there here the proper thing the proper thing. COUNCILMAN STROUGH-As a matter of fact they were right on top of it Johnny on the spot. MR. TUCKER-I’m not questioning how the works done or anything like that. COUNCILMAN BOOR-Just keeping solvent. MR. TUCKER-Huh. COUNCILMAN BOOR-You are just maintaining the equal solvency in the account that it came out of. In other words, they didn’t budget for these and they essentially just say we would like to use capital funds to reimburse our budget expense. COUNCILMAN SANFORD-I have an accounting question maybe Dan as the Budget Officer can answer it. If this were handled without going to the capital improvement fund the Town would show on its revenue and expense statement expenditure. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 917 SUPERVISOR STEC-It currently does. COUNCILMAN SANFORD-By moving this capital from an asset account back you are still going to be at the end of the cycle showing the expenditure. SUPERVISOR STEC-It is going to be capitalized the expense is reimbursed. COUNCILMAN SANFORD-If you are capitalizing expenditure you are not recognizing it as an expense. SUPERVISOR STEC-Okay. COUNCILMAN SANFORD-I guess what I am reading into it maybe what Pliney is suggesting is that if we are capitalizing and treating these things as you would in the business sense as assets type acquisitions you are not going to be reflecting them at the end of your accounting cycle as an expenditure. Therefore, you may be understating what your expenses are for the Town. I for one would be interested in seeing the series of entries and there would be at least two accounting entries that would be needed to accomplish this. One would be the original entry and then one would be the moving of the money. I’m wondering if in fact that is going to tinker with revenue and expense are merely be a balance sheet entry. That is something that I would like to flush out because I think whether or not we were fortunate enough to have a fund for capital improvements I still think we want to reflect for the public interest what our expenditures are. I don’t know if that makes any sense to you Pliney. SUPERVISOR STEC-Anything else Pliney? MR. TUCKER-This is a good way as Roger says to save money, but there has to be a better way to finance it. SUPERVISOR STEC-It is not saving money the money is still spent. MR. TUCKER-Wait a minute now what I’m saying is the Highway Department has a budget that you approve and those guys get paid regardless. Now, while they were doing this work they weren’t doing the work that their budget was set up for, okay. Now, you are going to reimburse them if they ain’t double dipping. SUPERVISOR STEC-It is not double dipping. COUNCILMAN BREWER-It is like plowing snow. COUNCILMAN BOOR-It is not really double dipping. The argument could be made that maybe if they could afford it to begin with maybe the budget was too big last year. If they had the wear with all I don’t know, what their balance looks like as a department. SUPERVISOR STEC-This is no different than buying a building that we might add on to as a capital project. You could say why not pay for it from the general fund those are operating expenses these are capital assets. We have an account for capital assets, we are choosing to use them we have done this countless times before, and all the entries are the same we have done this before many times. MR. TUCKER-I know that, does that make it right. SUPERVISOR STEC-Yes. MR. TUCKER-Why. SUPERVISOR STEC-Because I am telling you it has been done correctly. MR. TUCKER-Yeah. SUPERVISOR STEC-Do you have anything else. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 918 MR. TUCKER-Back to your statement about maybe they have too much time. COUNCILMAN BOOR-It is not too much time. If they could afford to do this without using the capital funds that would lead me to believe that, they might have had in their budget enough to cover this. MR. TUCKER-Another way too you could look at it if they got time to do this kind of work and not do what they are authorized to do maybe we got too many people over there. COUNCILMAN BOOR-Pliney in fairness to them I think one of things about highway is they don’t know when it is going to snow. They don’t know when it is going to rain, and they don’t know when trees are going to come down and that’s inherent in being a highway department. You know how good a prognosticator you are at guessing what your weather and the climate is going to be is anybody’s guess. Perhaps they had more money and they didn’t need to use this I don’t know, but you know I wouldn’t want to have to guess where my men would be tomorrow all through the winter if I were running an operation. He doesn’t know if he is going to be plowing or what he is going to be doing. MR. TUCKER-The money is in the budget whether they get an inch of snow or no snow it is there. COUNCILMAN BOOR-Yeah, but they may be working overtime. MR. TUCKER-At the end of the year if there is any left it comes back right. SUPERVISOR STEC-Thank you Mr. Tucker. Is there anyone else that would like to address the Town Board on this public hearing, hearing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF THUNDERBIRD & BUTLER POND ROAD AREA DRAINAGE CAPITAL PROJECT #162 RESOLUTION NO.: 582, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Deputy Highway Superintendent advised the Town Board that it was necessary to repair and replace drainage infrastructure in the Thunderbird and Butler Pond Road Area in the Town of Queensbury, and WHEREAS, such proposed Project did not exceed the amount of $13,150 and is requested to be a part of the Capital Improvement Plan and financed through the Town- Wide Drainage Fund, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 919 WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, December 4, 2006 concerning establishment of the Thunderbird and Butler Pond Road Area Drainage Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Thunderbird and Butler Pond Road Area Drainage Capital Project Fund #162 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Town-Wide Drainage Fund #66 in the amount of $13,150 to transfer to Thunderbird and Butler Pond Road Area Drainage Capital Project Fund #162, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 162-0000-55031 (Interfund Revenue) $13,150; and ? Expense Acct No. – 162-8540-2899 (Capital Construction) $13,150; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Accountant to amend the 2006 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure in the Thunderbird and Butler Pond Road Area for an amount not to exceed $13,150 as set forth above, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 920 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Accountant to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT : None PUBLIC HEARING – ESTABLISHMENT OF POTTER ROAD DRAINAGE CAPITAL PROJECT #163 OPENED PUBLICATION DATE: November 24, 2006 SUPERVISOR STEC-Again, this is similar to the other one and the next two behind it is the largest by far of the four. The total project cost was forty four thousand eight hundred and seventy five dollars. This was that work that was done late last winter down at the west end of Potter where Halfway Brook was underneath Potter Road and they put in two huge galvanized pipes and brought in a lot of fill where there was a major washout. The public hearing is opened if there are any members of the public that would like to comment on this public hearing. NO PUBLIC COMMENT SUPERVISOR STEC-Seeing none, I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF POTTER ROAD DRAINAGE CAPITAL PROJECT #163 RESOLUTION NO.: 583, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury Deputy Highway Superintendent advised the Town Board that it was necessary to repair and replace drainage infrastructure on Potter Road in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 921 WHEREAS, such proposed Project did not exceed the amount of $44,875 and is requested to be a part of the Capital Improvement Plan and financed through the Town- Wide Drainage Fund, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, December 4, 2006 concerning establishment of the Potter Road Drainage Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Potter Road Drainage Capital Project Fund #163 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Town-Wide Drainage Fund #66 in the amount of $44,875 to transfer to Potter Road Drainage Capital Project Fund #163, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 163-0000-55031 (Interfund Revenue) $44,875; and ? Expense Acct No. – 163-8540-2899 (Capital Construction) $44,875; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Accountant to amend the 2006 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 922 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure on Potter Road for an amount not to exceed $44,875 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Accountant to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT : None PUBLIC HEARING - ESTABLISHMENT OF GLEN LAKE AND ASH DRIVE DRAINAGE CAPITAL PROJECT #164 OPENED PUBLICATION DATE: November 24, 2006 SUPERVISOR STEC-Again, similar to the others the highway department did significant work on Glen Lake Road near Ash Drive the stream that goes underneath Glen Lake Road the amount that they spent was sixteen thousand six hundred and three dollars. The public hearing is opened if there are any members of the public that would like to comment on this public hearing. NO PUBLIC COMMENT SUPERVISOR STEC-Seeing none, I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF GLEN LAKE AND ASH DRIVE DRAINAGE CAPITAL PROJECT #164 RESOLUTION NO.: 584, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 923 WHEREAS, the Town of Queensbury Deputy Highway Superintendent advised the Town Board that it was necessary to repair and replace drainage infrastructure on Glen Lake and Ash Drive in the Town of Queensbury, and WHEREAS, such proposed Project did not exceed the amount of $16,603 and is requested to be a part of the Capital Improvement Plan and financed through the Town- Wide Drainage Fund, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, December 4, 2006 concerning establishment of the Glen Lake and Ash Drive Drainage Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Glen Lake and Ash Drive Drainage Capital Project Fund #164 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Town-Wide Drainage Fund #66 in the amount of $16,603 to transfer to Glen Lake and Ash Drive Drainage Capital Project Fund #164, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 164-0000-55031 (Interfund Revenue) $16,603; and ? Expense Acct No. – 164-8540-2899 (Capital Construction) $16,603; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 924 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Accountant to amend the 2006 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure on Glen Lake and Ash Drive for an amount not to exceed $16,603 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Accountant to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT : None PUBLIC HEARING – ESTABLISHMENT OF BUTTERNUT HILL AND COBBLESTONE DRIVE DRAINAGE CAPITAL PROJECT #165 OPENED PUBLICATION DATE: November 24, 2006 SUPERVISOR STEC-This is the fourth one and the project work was fourteen thousand six hundred and nineteen dollars. With that, the public hearing is opened if there are any members of the public that would like to comment. NO PUBLIC COMMENT SUPERVISOR STEC-Hearing none I will close the public hearing and entertain a motion. RESOLUTION AUTHORIZING ESTABLISHMENT OF BUTTERNUT HILL AND COBBLESTONE DRIVE DRAINAGE CAPITAL PROJECT #165 RESOLUTION NO.: 585, 2006 INTRODUCED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 925 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury Deputy Highway Superintendent advised the Town Board that it was necessary to repair and replace drainage infrastructure on Butternut Hill and Cobblestone Drive in the Town of Queensbury, and WHEREAS, such proposed Project did not exceed the amount of $14,619 and is requested to be a part of the Capital Improvement Plan and financed through the Town- Wide Drainage Fund, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project listed on the CIP, and WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, December 4, 2006 concerning establishment of the Butternut Hill and Cobblestone Drive Drainage Capital Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Butternut Hill and Cobblestone Drive Drainage Capital Project Fund #165which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Town-Wide Drainage Fund #66 in the amount of $14,619 to transfer to Butternut Hill and Cobblestone Drive Drainage Capital Project Fund #165, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 165-0000-55031 (Interfund Revenue) $14,619; and ? Expense Acct No. – 165-8540-2899 (Capital Construction) $14,619; and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 926 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Accountant to amend the 2006 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure on Butternut Hill and Cobblestone Drive for an amount not to exceed $14,619 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Accountant to sign any necessary Agreements or documentation associated with such purchase and associated services and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT : None 2.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Read the following letter into the record. November 30, 2006 Robert J. Vollaro 7 Glen Court Queensbury, NY 12804 Subject: Resignation To: Supervisor and members of the Queensbury Town Board I hereby submit my resignation from the Queensbury Planning Board effective as of December 31, 2006. Respectfully, REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 927 Robert J. Vollaro DISCUSSION HELD SUPERVISOR STEC-I know, I speak for the entire Town Board and certainly, I’m sure the Planning Board giving our appreciation to Bob for his long service to the Town. His efforts in trying to muddle his way and the Planning Boards way through all the issues that come before the Planning Board in trying to do what they believe and we hope is the best for the Town. Bob did a solid job for many years and I know the Town Board would agree and we appreciate his service. Is there any other board members that would like to comment. COUNCILMAN BOOR-I would just mimic those. I think when you look at the length of time he was on there I believe seven or eight years I think he was absent maybe six days in that seven year term so tremendous dedication. COUNCILMAN BREWER-I just wanted to say I think you are wrong Roger I think it is probably more like eight or nine years he was on the Planning Board when I was on the Planning Board and that was at least seven years ago. I as well would like to thank Bob for his service and his time. Having been on the Planning Board I know what kind of time, you can spend on some of the projects and he has been through quite a lot of the big ones. It is not just an hour or two or a night, or a month, or a week. COUNCILMAN STROUGH-It is a lot of time. COUNCILMAN BREWER-It is many, many hours of dedication and I just wanted to thank Bob. 3.0 INTRODUCTIONS OF RESOLUTIONS FROM THE FLOOR NONE 4.0PRIVILEGE OF THE FLOOR CHUCK THORNE-GRANT AVENUE EXTENSION, 34 YEARS-Spoke to the board regarding a water problem they have had which also involves the City school district noting he was here in 2000 to voice an opinion that he thought they had a water problem. For the last two years we have had water problems, had several communications with Mr. Brewer about it. The past two years many of our neighbors are getting water through the sidewalls of their cellar every spring. The school put a culvert that drains all the water from the tennis court, parking lot, and the swamp onto private property noting after it storms the water drains in there it is diverting water from a project onto someone’s personal property as a result we are getting flooded every spring for the last couple years. All the drainage from all the fields has a drainage system with manholes and culverts all draining down to the end of Grant Avenue. At the end of Grant Avenue when O’Connor was there they tapped into one sewer line that was put in by Mr. Naylor years ago that has holes in it noting it is inadequate it is small so much water gets dumped into there it is like a fountain out of all the drain holes. Flooding the roads noting this past year there was a foot on the corner of Grant Avenue and Seward Avenue noting he cannot get any communication from the highway department. Five or six months ago, I met with Superintendent of Schools Maintenance Department and Jim Girard and an Engineer they saw the problem. Mr. Brewer was told it was going to be done this fall. A few weeks ago called the Highway Department spoke with Deputy Highway Superintendent, Mr. Travis he told me it was not going to be done because the engineer said they could not get the proper pitch, noted his frustration with this. SUPERVISOR STEC-Asked the street address of the property. MR. THORNE-Grant Avenue Extension and Seward Avenue. This was addressed at a Town Board Meeting when Attorney Lapper was here and guaranteed us that this was all done and the Town approved it and was all going to be taken care of. If there were a water problem, they would address it and put in new drainage. Since then I seen surveyors come and look at different things noted they cannot get any information from anyone noted his frustration and what could they do. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 928 COUNCILMAN BREWER-Noted they are going to hire an engineer at tonight’s meeting will try to get a hold of the engineer tomorrow to see if we can get him over there and find some kind of solution understands the frustration wants to get this fixed. MR. THORNE-Asked if somebody could talk to the people that live there to let us know what they are going to do. COUNCILMAN BREWER-Yes. He will be working for us the Town Board noting the board does not have an issue with him speaking with the engineer tomorrow. SUPERVISOR STEC-The whole Town Board is aware of the problem now and we will make sure that we take care of business. COUNCILMAN BOOR-A couple weeks ago they did transfer from what was a Ward One drainage account into a new account, which is town wide so there is monies available noted it appears to him the issue is engineering. . As Tim said we are going to be hiring an engineer would be more than happy to sit down and talk with you about this, too. I am going to have more confidence I think in our engineer than perhaps those that have been involved to this point. SUPERVISOR STEC-Thank you, sir. MR. THORNE-Thank you. TOWN BOARD DISCUSSIONS - COUNCILMAN STROUGHSpoke to the board regarding the Queensbury Senior Citizens upcoming events. Also noted they are looking for members if interested call 761-8224. Spoke to the board regarding the passing of Mardi Gnade a citizen, resident who has done great things for the community from the League of Women Voters. I know years and years back, she would be in to talk to the students on how important it was to get out and vote. She was very active in community endeavors always in a positive manner and a positive way in trying to do positive things for the community we are going to miss her. COUNCILMAN SANFORD-Spoke to the board noting he was very sadden to hear about Mari’s passing. She was a very big supporter of mine and I was a fan of hers definitely going to miss her, my prayers are with her family. Spoke to the board regarding drainage issues. Received a call today from a person on Garrison Road. A week or so ago I actually did a field trip with Craig Brown and met with Dr. and Mrs. Kerr as well as John Eisenhardt and his wife to check out that area. It is town wide that we are seeing a lot of water issues. We have had a lot of rain, but I think it has to do also with the cumulative impacts on a lot of the development that has taken place over the last decade or so. Asked where they were with the Warren County Soil and Water Study that they were going to be working on. We received something on this would like to follow through to make sure we are on track with that. The other issue Craig Brown brought it up is where we are on the issues with Homer Avenue and the flooding that goes down from Homer over the parking lot of Minogue’s and the Tire Warehouse. The lawyers are involved with that right now and as a result, even though the Town worked hard to broker a deal, where we could work with the owners of the property to repair it, it never happened because of legal issues. At this particular point in time, I am getting concerned even though it is largely a private matter it is having impacts that I think are bad for the brook itself. Every time you get water running over that payment you are getting residue spilled into the brook. Also, I think some impacts and it may actually be causing problems not just on Homer but backing up a little bit over to the Garrison Avenue. I think we have to strategize at a workshop what we can do to move the private parties along and make sure that particular culvert is replaced and repaired in a timely manner COUNCILMAN BREWER-Which one do you mean Richard underneath the parking lot? SUPERVISOR STEC-The one under the parking lot. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 929 COUNCILMAN SANFORD-The two undersized forty-year-old ones that have collapsed about a two hundred foot stretch. COUNCILMAN BREWER-Between Minogue’s and the Tire Warehouse. COUNCILMAN SANFORD-We got engineering to come up with the kind of pipe we needed we were ready to go everybody got lawyered up. The lawyers said no they are not going to sign off or provide releases so it stalled. SUPERVISOR STEC-The stalling issue for the public the stalling issue there being that the pipe in question is located on private property and the Town’s authority is limited. That’s why Richard mentioned brokered as opposed to the Town going in and doing the work that is the obstacle that I think is most holding up work that I think we can all agree needs to be done. COUNCILMAN SANFORD-My only point for bringing it up is a lot of us worked hard on that when the private parties were not getting along we bowed out because there were a lot of litigation issues. I think we have to get back into it and see what we can do to move it along because every time we get one of these storms I am just wondering what is going to happen. COUNCILMAN BOOR-I would echo the sentiments of John and Richard relative to Mari Gnade. I knew her briefly about a year and a half just a wonderful lady and I got to meet quite an extended family at the service. She was a real asset to this community and is going to be missed by many again; my heart goes out to the family. Spoke to the board regarding drainage issues noting they had four public hearings relative to drainage issues where the highway department was involved. As, Mr. Sanford has mentioned we got the other issue at Homer Avenue these are going to surface no pun intended on a more regular basis. I think the public needs to be aware of it we have developed in some areas to the point where we have created some problems. I am very pleased that we have hired this engineer that is going to be working for the Town because there has certainly been questionable engineering that has allowed some projects to go forward and result in nothing short of some catastrophic events this isn’t the last you are going to hear of it. As an individual and I believe this board is going to take very seriously the issues such as Mr. Thorne brought up it is not an oddity anymore. We have Michaels Drive or Michaels Avenue in West Glens Falls. Every since the development on French Mountain there has been incredible runoff that has gone right across Bay Road the list goes on and on. It is going to be something we are going to be talking about a lot. I am hoping that we can come up with some good policies to take care of this because it is not going to go away. SUPERVISOR STEC-I would also like to recognize and extend my condolences to the family of Mari Gnade. I knew her a little bit probably not as much as some, but a very kind lady and a nice lady that cared deeply for her community, and wanted to see the public more active in electing its leaders through the organizations like the League of Women Voters, it is with great sympathy that I express to her family. Reminded the public about the Towns website www.queensbury.net , which has been recently done over by the IT Department because it was difficult to read for some so they tried to make improvements to make it more compliant with some visual needs. Thanked Glens Falls National Bank and TV8 for televising the Town Board Meetings. Spoke regarding the Route 9 and Route 254 intersection noting it is essentially completed. Spoke to the board regarding the Town going over the one million dollar mark for total receipts to date since the inception not quite two years ago of EMS Bill for Service. We started collecting, I think February 28, 2005 so in twenty-two months the Town has now collected more than a million dollars of essentially insurance money to help fund the Towns ever improving EMS program. We have used a good portion of that money to lower property taxes on EMS and have also used that as an investment as we the Town and together with the rescue squads we used that money as a funding source for an investment in paid daytime staffing, which has improved the response time and the quality of service. To help offset the expense of relocating the West Glens Falls Rescue Squad Building as we build a new connector road and get started on the Main Street Project. Again, I think it is an important milestone to recognize that it is a million dollars of new non-property tax revenue, which I am very proud of and we expect it to continue going forward. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 930 RESOLUTIONS RESOLUTION APPOINTING JENNIFER HENDERSON AS CLERK IN THE TOWN OF QUEENSBURY’S COMMUNITY DEVELOPMENT DEPARTMENT ON PERMANENT BASIS RESOLUTION NO. 586, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 268,2006, the Queensbury Town Board appointed Jennifer Henderson as a Clerk in the Town’s Community Development Department on a provisional basis until such time as Ms. Henderson successfully completed a six month probation period, and WHEREAS, Ms. Henderson has successfully completed her six month probation period and therefore the Town Board may appoint Ms. Henderson on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer Henderson to the position of Clerk in the Community Development Department on a permanent basis th effective December 4, 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006 by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Boor RESOLUTION AUTHORIZING SALE OF AND ACCEPTING BIDS FOR OBSOLETE ITEMS IN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 587, 2006 REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 931 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or are worn-out or obsolete, and WHEREAS, the Town’s Purchasing Agent published a list of obsolete items for sale in the Town’s Parks and Recreation Department and three bid proposals were received and opened, and WHEREAS, the Town’s Purchasing Agent and Parks and Recreation Director have reviewed such bid proposals and have made their bid recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of Town- owned items that are no longer needed by the Town Parks and Recreation Department or are worn-out or obsolete, as substantially set forth on a list assembled by the Town’s Purchasing Agent, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts the bids for the sale of such obsolete items as follows: HIGHEST BIDDER BID ITEM BID AMOUNT Jerry Kloss Ransome Mower $577. Diane Beaudette Meyers Snowplow $305. Diane Beaudette Air-Flo Sander Bid $ 88. with funds received for the sale of such items to be deposited into the proper Town Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Parks and Recreation Director, Purchasing Agent and/or Town Accounting Office to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 932 th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Sanford NOES : None ABSENT:Mr. Boor RESOLUTION APPROVING GRANT AWARDS AND A DEFERRED LOAN FOR CASE #5465IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 588, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #5465has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Nineteen thousand six hundred dollars and no cents ($19,600.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 933 RESOLVED, that the Town of Queensbury approves the following grants for Case File #5465, Queensbury, New York: ? and A AHOD Grant in the amount not to exceed: Ten thousand dollars no cents ($10,000.00) , and ? A CDBG Grant in the amount not to exceed: Nine thousand six hundred dollars and no cents ($9,600.00). and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute Grant Award and Loan agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARDS AND DEFERRED LOAN FOR CASE #5427IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.:589, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 934 WHEREAS, the Town of Queensbury has also established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property Case File #5427has been determined to be eligible for rehabilitation grant assistance and a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Twenty one thousand six hundred seventy five dollars and no cents ($21,675.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants and loan, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves the following grants for Case File #5427, Queensbury, New York: ? An AHOD Grant in the amount not to exceed: Ten thousand dollars and no cents ($10,000.00) , and ? : A CDBG Grant in the amount not to exceedTen thousand dollarsand no cents ($10,000.00). and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 935 RESOLVED, that the Town of Queensbury approves a rehabilitation loan for Case File #5427, in an amount not to exceedOne thousand six hundred seventy five , dollars and no cents ($1,675.00)and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute Grant Award and Loan agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON CORNER OF LAFAYETTE AND BANK STREETS RESOLUTION NO.: 590, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to arrange for placement of a street light on National Grid Power Corporation Pole #8 at the corner of Lafayette and Bank Streets in the Town of Queensbury, and WHEREAS, such light would be located within the boundaries of the Queensbury Lighting District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a 100 watt high pressure sodium lamp on National Grid Pole #8 at the corner of Lafayette and Bank Streets in the Town of Queensbury with payment for the lighting to be billed to General Fund Account No.: 001-5182-4305,and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 936 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid Power Corporation and take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RESOLUTION NO.: 591, 2006 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Warren County derives revenues from the Occupancy Tax authorized by act of the New York State Legislature (Chapter 422 of the Laws of 2003) and, after deducting the amount provided for administering such tax, is to allocate the funds to enhance the general economy of Warren County and its cities, towns and villages through the promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and WHEREAS, an Agreement between Warren County and the Town of Queensbury (Agreement) is presented at this meeting, which Agreement proposes to provide funds to the Town for tourism promotion and tourist and convention development from 2006 Occupancy Tax Revenues, and WHEREAS, the Agreement provides for initial funds of Thirty Thousand Dollars ($30,000) from 2006 Occupancy Tax Revenues and for additional funds to be provided only in accordance with further Resolution adopted at the sole discretion of the Warren County Board of Supervisors with all funding subject to and in accordance with and the terms and provisions of the Agreement without the need to approve and sign additional agreements for additional payments, and WHEREAS, the Agreement also contains provisions concerning allowable fund expenditures, accounting, recordkeeping and under certain circumstances, refunds of Occupancy Tax funds being paid to the Town, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 937 WHEREAS, the Town is ready, willing and able to provide for promotion of tourist activities, conventions, trade shows, special events and other directly related and supported activities, and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to carry out the terms of the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Local Tourism Promotion and Convention Development Agreement between the Town of Queensbury and Warren County substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement for the receipt of funds in the amount of Thirty Thousand Dollars ($30,000) with the understanding that: 1.additional funding may be made by Warren County in accordance with the Agreement as Occupancy Tax revenues shall become available and in such amounts as the Warren County Board of Supervisors shall, in its sole discretion, determine appropriate in accordance with a municipal sharing formula to be approved by the Warren County Board of Supervisors; and 2.all funds received in accordance with the Agreement shall be subject to the terms and provisions of the Agreement without the need to approve and sign additional agreements; and 3.unexpended funds will be retained by the Town of Queensbury even after the scheduled termination date provided such funds are expended for eligible expenditures; and BE IT FURTHER, RESOLVED, that specific expenditure of the funds provided under the Agreement shall be subject to further authorizing Resolution of the Queensbury Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward certified copies of this Resolution to the Warren County Attorney’s Office and Warren County Board of Supervisors and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 938 NOES: Mr. Sanford ABSENT :None DISCUSSION HELD BEFORE VOTE COUNCILMAN SANFORD-Asked has the County before we got this I would assume they would have discussed this to see if that formula still holds up and makes sense. We talked about it a while back Dan at one of these meetings. You can have a small northern town they gets more money in terms of occupancy tax revenue than they generate. SUPERVISOR STEC-The answer is the same as it was then that this was part of the State Law that was adopted to get the legislation to the State this is what the small towns and the county wanted. COUNCILMAN SANFORD-I understand that. SUPERVISOR STEC-There is no changing it without changing the State Law. COUNCILMAN SANFORD-You say State Law. I assume what happened is there had to be a vote taken at the County and in order to get the support…. COUNCILMAN BOOR-I believe it is referred to as a poison pill. COUNCILMAN SANFORD-My question is does this mean that it goes on in the perpetual sense in which case why are we even dealing with this then if it is already established. SUPERVISOR STEC-That is the quirk of the law. Your point is it is repetitive we have to do it every year and we have done it every year since they adopted the local law a couple years ago. For you it is new, but the for the rest of the Town Board we have seen this agreement this would be our third time for all of us so that is how it works. RESOLUTION AUTHORIZING AGREEMENT WITH VISION ENGINEERING, LLC FOR PROVISION OF ENGINEERING TECHNICAL SERVICES TO QUEENSBURY TOWN BOARD, PLANNING BOARD, ZONING BOARD OF APPEALS AND PLANNING DEPARTMENT RESOLUTION NO.: 592, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board sought and received proposals for the provision of engineering technical services to the Town Board, Planning Board, Zoning Board of Appeals and Planning Department, and WHEREAS, the Town Board reviewed such proposals and wishes to engage the services of Vision Engineering, LLC, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 939 RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Vision Engineering, LLC for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and st Community Development Department through December 31, 2007, at a rate of $75 per hour as generally described in Vision Engineering’s August 8, 2006 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign an Agreement for such services in form acceptable to the Town Supervisor, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor, Budget Officer and/or Accountant, and BE IT FURTHER, RESOLVED, that the Town Board and authorizes and directs the Town Supervisor and/or Accountant to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF FITZGERALD, MORRIS BAKER FIRTH P.C. AS TOWN LEGAL COUNSEL RESOLUTION NO. 593, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters to deal with the numerous legal issues that come before and involve the Town, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 940 WHEREAS, the Town Board wishes to engage legal counsel on a contractual basis for 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of FitzGerald Morris Baker Firth P.C. as legal counsel for and on behalf of the Town for 2007, and BE IT FURTHER, RESOLVED, that the cost for all legal services, including all retainer issues, litigation, bond counsel and labor relations matters, shall not exceed the sum of $200,000 for the year 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement for such legal services on behalf of the Town in form acceptable to the Town Supervisor. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : Mr. Brewer ABSENT: None DISCUSSION HELD BEFORE VOTE COUNCILMAN BREWER-I want to qualify my vote before we do it. I don’t want to debate it, I don’t want to argue, and I don’t want to make a long drawn out speech. My vote is going to be no and I have several reasons. I have spoken to many employees particularly the department heads we never consulted them, never asked them, even though we said we were going too. I think we are making a big mistake right now at this point in the Town’s history. We just lost two what I would say are key department heads the Community Development and the Budget Officer. I think we should maintain some kind of continuity in the Town, I think the firm that we currently have could do that. I just think it is poor timing maybe a bad decision on our part, but be that as it may, I can’t support. Again, I have no hard feelings I don’t feel that the Attorney’s that are on this resolution are inadequate by any means. I think they are probably fine Attorney’s I just think a ten year relationship with a firm that we have had and they served us well I think they deserve better and I think we should keep them so my vote is no. SUPERVISOR STEC-I share some of Tim’s reservations, however, I am willing to give this a try, I will do my best to make this work for the Town, and I will vote yes. RESOLUTION ACCEPTING EASEMENT IN CONNECTION WITH CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 941 RESOLUTION NO. 594, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 227,2006 the Queensbury Town Board authorized establishment of an extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, which Resolution was subject to permissive referendum, and WHEREAS, following expiration of the permissive referendum period the Town Board must adopt a Final Order establishing the District extension, and WHEREAS, the Town will need to procure an easement in order to construct the improvements for the proposed Sewer District Extension, and WHEREAS, a proposed easement has been provided on behalf of Queensbury Partners, LLC, and WHEREAS, the Town Board wishes to authorize acceptance of such easement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the Easement from Queensbury Partners, LLC to the Town in the form presented at this meeting and attached to this Resolution, contingent upon adoption of a Final Order by the Town Board establishing the District Extension, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to complete and execute any documents associated with the easement, take any further action necessary to effectuate the terms of this Resolution, including payment of any necessary filing fees, and authorizes Town Counsel to file and record this document with the Warren County Clerk’s Office. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 942 ABSENT:None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY ALDI, INC. RESOLUTION NO.: 595, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Aldi, Inc., previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury concerning its supermarket property located at 176 Quaker Road (tax map no.: 302.7.-1-42) for the 2004/05 tax year, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Glens Falls City School District has advised that the proposed settlement terms have been approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury by Aldi, Inc., concerning its supermarket property at 176 Quaker Road (Tax Map No.: 302.7-1-42) for the 2004/05 tax year in accordance with the following revised assessment value: Tax Year: Current Assessment Revised Assessment 2004/05 $1,168,000 $978,600 and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 943 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Gilberti, Stinziano, Heintz & Smith, within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY JOHN AND KATHLEEN SALVADOR RESOLUTION NO.: 596, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, John and Kathleen Salvador (Petitioners) previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning their home and marina facilities for tax year 2005/06 and concerning the marina facilities alone for tax year 2006/07, with the parcels at issue more specifically identified below, and WHEREAS, Petitioners have proposed terms for settlement of these cases, and REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 944 WHEREAS, the Town Assessor and the Town Board have reviewed the cases and the proposed settlement terms with Town Counsel, and WHEREAS, the Lake George Central School District has approved the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by John and Kathleen Salvador concerning their home and marina facilities for tax year 2005/06 and concerning the marina facilities alone for tax year 2006/07 as follows: Tax Year 2005/06 Parcel No. Current Assessment Revised Assessment Reduction 239.20-1-1 $ 804,600 $ 540,000 $ 264,600 252-1-75.3 1,213,200 810,000 403,200 252-1-89 200 Unchanged 0 252-1-90 500 Unchanged 0 252-1-91 17,300 Unchanged 0 252-1-75.2 (Residence) 329,300 $239,900 $89,400 $2,365, 100 $1,607,900 $ 757,200 Tax Year 2006/07 Parcel No. Current Assessment Revised Assessment Reduction 239.20-1-1 $ 804,600 $ 540,000 $264,600 252-1-75.3 1,213,200 810,000 403,200 $2,017,800 $1,350,000 $667,800 and BE IT FURTHER, RESOLVED, that in accordance with Section 727 of the New York State Real Property Tax Law, the Revised Assessments set forth above shall continue in effect for the next three tax years (2007/08, 2008/09 and 2009/10) unless the Town performs a Town- REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 945 wide revaluation or some other exception provided for under Section 727 becomes applicable to the assessment rolls for those tax years, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner within sixty (60) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 597, 2005 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 001-3620-4130 001-3620-1020 500. (Counsel Retainer) (Overtime) REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 946 th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF DECEMBER 4, 2006 RESOLUTION NO.: 598, 2006 INTRODUCED BY: Mr. Roger Boor 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 Warrant with a run date of November 30, 2006 and a payment due date of th December 5, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of November 30, 2006 and payment due date of December 5, 2006 and totaling $863,816.13, 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. th Duly adopted this 4 day of December, 2006 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AWARDING BID FOR ONE (1) TON DUMP TRUCK FOR TOWN TRANSFER STATION DEPARTMENT RESOLUTION NO. 599, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 947 SECONDED BY: Mr. John Strough WHEREAS, the Town’s Purchasing Agent duly advertised for bids for the purchase of a One (1) Ton Dump Truck with a 10’ dump body, a plow package and a four(4) way Fisher or equivalent plow, and WHEREAS, the Purchasing Agent and the Transfer Station Equipment Operator in the Town’s Solid Waste Department have recommended that the Town Board award the bid to Whiteman Chevrolet, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a 2007 Chevrolet Silverado 3500 Dump Truck to Whiteman Chevrolet, Inc.,for an amount not to exceed $28,952 to be paid for from the appropriate account as will be determined by the Town Supervisor, Accountant and/or Transfer Station Equipment Operator, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Transfer Station Equipment Operator and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 600, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Btewer WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners REGULAR TOWN BOARD MEETING 12-04-2006 MTG#52 948 EVENT : 5k Road Race/Walk th DATE : Saturday, December 9, 2006 TIME : 9:00 a.m. PLACE : Beginning and ending at Adirondack Community College (Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners to conduct a 5k Road Race/Walk within th the Town of Queensbury to benefit Camp Comfort on Saturday, December 9, 2006, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event 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 event. th Duly adopted this 4 day of December, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 601, 2006 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 Regular Town Board Meeting. th Duly adopted this 4 day of December, 2006, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None RESPECTFULLY SUBMITTED, DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY