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2007-02-05 MTG5 REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 122 TOWN BOARD MEETING MTG #5 FEBRUARY 5, 2007 RES. 72-89 7:05PM TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCHE ALTER DIRECTOR OF PARKS AND RECREATIONS, STEVE LOVERING PRESS TV8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD SANFORD SUPERVISOR STEC- opened meeting 1.0 PUBLIC HEARING EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. FOR 2007 NOTICE SHOWN PUBLICATION DATE: JANUARY 26, 2007 SUPERVISOR STEC- Okay, I will declare this public hearing open. This is our third rescue squad we’ve adopted at a previous meeting the other two rescue squads contracts. Their contract for this year would be for a total of $170,000 and this resolution as part of their contract would also authorize them to replace a 1999 ambulance of a net purchase price not to exceed $130,000 and authorizes debt for $44,000 to finance the remaining part of that ambulance. So, anyway the public hearing is open, if there are any members of the public that would like to comment or ask any questions regarding Bay Ridge Rescue’s 2007 contract I just ask that you raise your hand and I will call on you one at a time. Any comments from Town Board Members before I close the public hearing? COUNCILMAN BREWER- What are they going to do with the old ambulance? Are you going to sell that I presume? SUPERVISOR STEC- They are going to trade it in, that’s part of the financing proposal. Any comments at all from the public? Alright, hearing none I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. FOR 2007 RESOLUTION NO.: 72, 2007 Amended by Res. 101,2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 123 § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town of Queensbury and st the Bay Ridge Rescue Squad, Inc., (Squad) expired on December 31, 2006, and WHEREAS, the Town and Squad have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, the Squad also wishes to replace its year 1999 ambulance by trading it in for a 2007 ambulance for the approximate net purchase price not to exceed $130,000, such purchase already included in the scheduled Squad’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for emergency protection services purposes, and WHEREAS, the Squad plans on paying for the ambulance by using proceeds from the sale of its year 1999 ambulance, using approximately $77,000 in its Vehicles Fund and by financing approximately $44,000, and WHEREAS, the Town Board feels that this new ambulance will provide additional safety protection for the Town, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement for emergency ambulance services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., substantially in the form presented at this meeting and the Town Board authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 124 RESOLVED, that the Town Board further authorizes the Squad’s purchase of a 2007 ambulance for the approximate net purchase price not to exceed $130,000 to be paid for from proceeds from the sale of the Squad’s 1999 ambulance, approximately $77,000 from the Squad’s Vehicles Fund and by financing $44,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fiscal Manager and/or Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 2.0 CORRESPONDENCE Supervisor’s report for Community Development- Building and Codes for the month of January on file in the Town Clerk’s Office. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR- It’s been his observation that far too many applications come before the Zoning Board of Appeals as after the fact matters. He has read extensively Town Law and all the criteria for hearing variances and approving variances and there is no mention in town law of an after the fact variance. It is his understanding that a person who is in non-compliance with the code has no standing to come before any board. We have issues going on year after year without resolution and there is no enforcement. The Town Board needs to come to some resolution on what our policy is going to be with regard to the after the fact permit. SCOTT NUSSBAUM- Understands that the Town Board received some correspondence a couple of days ago which he would like to reply to. Stated that a certain unnamed individual know not of which he speaks. This individual does not belong to West Glens Falls Fire but is in fact an officer of another fire company. He stated that this persons comments are irresponsible and if he would like to talk intelligently about some issues, he suggests that all the fire companies meet with the Board, have their expenditures and budgets in hand no later than August so that the taxpayers of the Town will have an understanding of what it will cost before they come to vote on a budget. To make comments about what is justified and what somebody deserves or doesn’t deserve without fully involved in what goes on in those activities is very irresponsible. PETE FRASER- 2444 Ridge Road North Queensbury Fire Company. Looking for some clarification on the short form verses the long form as far at the SEQRA. They sent in the short form and then was asked by a Board Member that they would feel more comfortable with a long form. Is that a consensus of the Board? REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 125 SUPERVISOR STEC- Since that discussion at a Town Board not to long ago, that packet of information that was received was forwarded to each Board Member and our counsel. Counsel is looking at it; they have not talked to him regarding long form or short form. To his knowledge nothing else has been decided or discussed regarding preference of long or short form. COUNCILMAN SANFORD- It is an unlisted action. It is can go either way under SEQRA. It is at the discretion or preference of the Board. Due to the impacts and significance of what is being contemplated here he spoke for himself and that he would prefer to see the long form application. The long form is readily available. The applicant completes part one and then this Board along with a hearing will discuss and move and address the questions and items in part two. The appropriate and responsible thing for the Board to do is not to use the abridged short form. He is going to suggest that the long form be utilized. MR. FRASER- Questioned how he sets up a SEQRA hearing? COUNCILMAN BOOR- We have to do it you don’t do it. You’ve done everything that you need to do. SUPERVISOR STEC- Agrees with Councilman Boor. COUNCILMAN SANFORD- SEQRA is a Town Board action not an applicant action. An applicant desires something to be done and that calls for the SEQRA and that something that we perform at the Town Board. The applicant simply sits at the table and they get into an exchange of questions and answers. It’s almost a discovery process. MR. FRASER- We are trying to do what the Board requests. You could have said you wanted the long form instead of the short form. COUNCILMAN BOOR- We have to do SEQRA. COUNCILMAN SANFORD- Probably at our next workshop we could discuss this as a Town Board and get back to you as to whether our preference is the long or short form. He feels it would be negligent not to go long form. PAUL SCHONEWOLF- 239 Assembly Point Road. It’s been over a year since we have asked for a public hearing. They have obtained an up-to-date map. They did a short form SEQRA and now there is a request for the long form. Want to make sure the Board is aware of what the process really is of forming a fire district. COUNCILMAN SANFORD- Whether it is a short form or a long form the mechanics is essentially the same. The long form affords a better opportunity for the Board to get into a more in depth discussion on the same issues that they need to discuss in the short form. The short form SEQRA is not necessarily an abridged approach to addressing environmental needs. The long form facilitates the discussion in a more adequate way. You are going to have to do the same stuff independent of that. MR. SCHONEWOLF- I understand that but that really isn’t my question. The project of creating a fire district is basically a paper shuffle. What you’re doing is you’re taking the responsibility for the budget and creating a fire tax and you are moving it from yourselves to an elected fire commissioners that are elected and controlled by the people in the area where they live. There are not physical assets in this deal. The Board of Fire Commissioners do not own any land, they do not have any property and that’s why many times when you have a situation like this where you have an existing fire company and you’re creating a fire district where the SEQRA in many parts of the State wasn’t asked for, even the short form. I know you are worried whether there are any environmental impacts of the action if you took it. COUNCILMAN SANFORD- Right. You need to understand it’s not the same as if you were doing a construction site plan or subdivision. Environmental impacts go beyond what you might normally think in terms of environmental impacts. We have to look in REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 126 terms of Town-wide safety issues, coverage issues. We have to look at economic issues as it may adversely potentially affect the community. These are very serious things that we need to address. Once a fire district is created it is forever. In the contexts of a fire district we have to look at the impacts to the safety net of protection. We have to work through this. This is a very serious step that the Town would be taking. MR. SCHONEWOLF- I think you are making more of it than it is entitled to because nothing really changes as far as the equipment, the physical assets, the response, the public safety. One more thing, with regards to the recent request by one of the fire department for a manpower study. Does not want money wasted on a manpower study on North Queensbury. PLINEY TUCKER- 41 Division Road, Queensbury. With regards to the insurance, are we getting this all straightened out? SUPERVISOR STEC- I think we have. It’s a done deal. The resolution is passed. We have a new insurance carrier. There are certain things that we are going to agree and certain things we are not going to agree on. MR. TUCKER- According to the paper, Cool Insurance Company has been accused of over-charging the Town for two years in a row. We don’t have any claim to try to get the money back if they did? SUPERVISOR STEC- It’s been discussed, it been refuted. Some of us believe the explanation that’s been offered and are satisfied with it and others are not. I don’t think that there is anything that’s been done wrong or could have been done better. It’s a complicated issue. It goes out to bid every so many years. MR. TUCKER- How did we get a better rate? COUNCILMAN BREWER- We didn’t get a better rate, we paid more. COUNCILMAN BOOR- This is a very pressing issue. Asked the Board if he says anything untrue to stop him and correct him. As Dan pointed out, money was set aside in his budget to do an RFP (Request for Professional Services). They did a search for a consultant and this Board unanimously voted for the consultant that they went with, Regent’s consulting. The consultant takes on the task for $10,000 of review of our history with regards to losses, rates (property and casualty) and also he was going to do worker’s compensation. The next closest bid for a consultant was in the neighborhood of $12,000 and that didn’t include reviewing worker’s compensation. So we went with what we thought was the best price to find out what was the most appropriate needs and cost for these two elements. The bottom line is that our consultant recommended Salerno. He gave reasons, among the reasons were that he didn’t feel that Cool Insurance had served the Town well. Because we did this RFP and took this initiative, the Town is now paying $65,000 less than they were a year ago. He has spoke to the Post Star today and regarding the ads that Cool Insurance has run. There is some very false information in there and you are going to see a retraction from the Post Star in the next couple of days with regards to some of it. The most disturbing and inaccurate allegation that they made and that the Post Star printed believing them was that from 2005 to 2006 they have decreased their premiums by ten percent. The fact of the matter is in 2005 Cool charged the Town of Queensbury $288,932. In 2006 they said they gave us a ten percent cut in the premium. The fact of the matter is they charged us $298,057. That is a three percent increase. On the one hand they are saying they decreased by ten percent, but our checks show that we paid three percent higher. There are a lot of inaccuracies. We are saving $65,000 because we did this RFP and I hope the Town of Queensbury appreciates that. We also saved money in the health insurance. We didn’t get rid of our agent but we negotiated very strongly to have him reduce his commission. Stated that Mr. Platzer who runs Regents has forty years experience in the insurance business. He’s an attorney and he is highly qualified. He has done a good job for this Town and he would recommend him to any other community who wants to have their insurance services reviewed. REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 127 COUNCILMAN BREWER- Doesn’t want to debate this any further but wants to note that if we went with Cool this year we would have saved $71,000. SUPERVISOR STEC- That’s the debate; well, a big part of the debate. COUNCILMAN BREWER- Wants to meet Mr. Platzer. Hopes that in the future if any Board Member has a question, that Mr. Platzer will answer the question with open arms. He believes this will stop a lot of the confusion and the bickering back and forth. SUPERVISOR STEC- Very comfortable in sharing any credit or blame for how good or not good our insurance rates or coverage is. Is not sure if the whole savings can be attributed to a competitive situation or if a portion of it is due to the market. It is fair to say, because of the efforts of the RFP the Town is paying less in property and casualty than it would have been. Some of us put maybe a little less stock in saying “well because of the suggestion that maybe we could have gotten better service over the last couple years”; maybe we could have and maybe we couldn’t have that’s a source of debate. But, that perhaps some of us would say hey we could have saved a little bit more money and kept the business locally had we continued with Cool or gone with Hughes and we chose not to do that as a Board. I’ve signed whatever documents that have been put in front of me to make Salerno the insurance carrier of record and we are spending less money. We could debate whether or not we could have saved even more money, and again I don’t think that would be productive. I think the Post Star article and Chronicle article I think both sides can probably say that their points of view are fairly represented. I am particularly encouraged by the Post Stars contact of the State Comptrollers Office who verified and validated everything that I have said regarding communications and they th backed up the communication that I had on December 19 that it was not inappropriate. Some Board Members may still disagree with that opinion but I think the State Comptrollers Office is a pretty reliable place. For whatever its worth to the public and members of this Board, I didn’t know this until I read the article this morning, but three outside independent insurance organizations were contacted about the market and they did confirm what Cool had said that the market had softened. I’m not going to say that the whole savings was due to the market, although perhaps Cool would want to say that. I am going to say it’s probably a mix of competitive bidding and maybe the market. Whether it’s ninety percent one and ten percent the other or vice versa we may never know and I don’t think that we are going to be able to resolve it tonight. But by enlarge; I think this has run its course. We have talked about it for five or six meetings not and I don’t know if we are all going to agree on everything or not. Hopefully that answers your question. COUNCILMAN SANFORD- Pliney, in a grievance like this, we don’t even have to do an RFP. We can just make a decision. So, with the State Comptroller weighing in on this to me isn’t particularly relevant. We could have just made a unilateral decision to go with whoever we wanted to. We didn’t have to do any kind of competitive pricing or anything else. However, when you go down that road, which we decided to do, there is a certain level of expectation as to what to expect; and that is that it be above Board. As you know, that has been talked about considerably and I’m not going to re-hash it. So, to say that the State Comptroller said that there was nothing wrong, you don’t even have to do an RFP process, and so by definition you can talk to whoever you want to. My position is always been if you are going to do an RFP and do an independent analysis do it appropriately, do it right, do it in a situation where everybody has the same level of advantage in the process. Regarding the soft market explanation, there is disagreement on that. My own opinion I’ve made it clear, I believe it’s largely a fabrication. The truth is our prior agent did not, in my opinion, provide the appropriate service we deserved as a Town. An incumbent insurance broker should at the very least offer its client an internal market spreadsheet of coverage and cost comparisons so that the client receives the broadest, most cost effective insurance portfolio available at each renewal. So, in other words, independent of going out to bid or having other people look at this when you get a renewal of something like this there should be a certain of work done where its spread sheeted out and its researched. For a number of years it certainly seems like to renewal came in and was paid. I talked with our attorney about this following last meeting when you brought it up. I said, Mr. Tucker asked if there was legal recourse if in fact we have been overpaying for our insurance over the years. He said basically, of course there is the REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 128 issue of materiality, is it worth pursuing. But also, I think Mr. Boor touched on it, it was this Board over the past few years that didn’t really do the work. I think that the Board is primarily responsible for perhaps paying more in the past that we should have. Now the RFP process has been healthy. At the end of the day we are saving the taxpayers quite a bit of money. I agree with everybody, I would like to put it behind me right about now. Let’s move on. COUNCILMAN STROUGH- I did get some phone calls by some other insurance people Pliney, local insurance people who said they did not bid on the proposal because it’s been pretty much of a locked deal. They thanked me for restoring the honesty and the integrity, thanked us the Board for restoring the honesty and integrity of the proposal of the proposal business. If we maintain the honesty and integrity next time they will bid on it. But they didn’t want to do a lot of work on a proposal to not get considered. I assured them in the future we would have it open and honest. MR. TUCKER- Me personally, if four weeks ago you guys done what you just did here tonight I wouldn’t be sitting here asking what was going on. Your answers, here in a public meeting satisfy me and if you satisfy me, you mostly satisfy everybody. One question, is this insurance deal for one year? SUPERVISOR STEC- Yeah. COUNCILMAN BOOR- They always are, Pliney, because the market changes. MR. TUCKER- Questioned RFP’s? Where do they come into the system to the Town? SUPERVISOR STEC- It depends on who is doing it. Depends on the project. COUNCILMAN BOOR- This was a Town Board RFP COUNCILMAN SANFORD- If you are going to do an RFP we owe it to everybody to do it right. One of the lessons that we learned here and perhaps and didn’t do this one totally right, we didn’t do sealed bids. So the bids came in slightly different dates. We didn’t have a mechanism to properly monitor or insure the integrity. Now with the worker’s comp piece which is following, I sent out an e-mail to Dan and the other Board Members recommending in the spirit of a RFP that we do sealed bids, and make sure that they be opened at the same time with Board Members present when there are opened to make sure everything is above board and that there isn’t any leaks of information. I don’t think anybody will object to that. SUPERVISOR STEC- That doesn’t necessarily mean that anything was done incorrectly with the last RFP. Everything that was done was done with accordance with State Law, the Town’s Purchasing Policy and the terms of this RFP. The way that we did it was the norm, it was the way that it’s always been done before. I’m not saying that it can’t be made better. MR. TUCKER- This would be a good way to do this. One more question, you are releasing vehicle fund money? SUPERVISOR STEC- Yes, two fire companies. MR. TUCKER- How is that working? SUPERVISOR STEC- They have vehicle fund money, they wanted to use it for some special one time project work. COUNCILMAN BREWER- No, we recommended they use that, I don’t think they wanted to use that. SUPERVISOR STEC- We recommended in order to cover these projects, rather than the Town giving them more money in the contract that we would release from their vehicle fund, which is their money but they need permission from the Town Board to use the REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 129 vehicle fund money; that we would authorize them to use some moneys. In the case of Queensbury Central we were going to release about $49,000 for some of their project work. In the case of West Glens Falls we were going to release $40,000 to cover purchase of equipment and other items. MR. TUCKER- Are you eliminating the vehicle fund? SUPERVISOR STEC- Well we haven’t paid a vehicle fund in a couple of years now. COUNCILMAN BREWER- We did for the last two years for one company. SUPERVISOR STEC- You’re right, pretty much we’ve eliminated giving the vehicle fund but these companies in many cases still have a balance in the vehicle fund. So we are allowing them to tap that balance. MR. TUCKER- So, as of now you have discontinued the vehicle fund. COUNCILMAN BOOR- As of a couple of years ago. COUNCILMAN SANFORD- That’s debatable. Depending upon how you want to evaluate North Queensbury. What Dan is saying it is the opinion of this Board or it has been the policy of this Board to discontinue vehicle funds except in the case of North Queensbury. There is an amount of money that is basically a vehicle fund that they are receiving. SUPERVISOR STEC- That’s right and we have debated that amongst ourselves. We are trying as a Board to get out of the business of vehicle funds but we’ve allowed it to continue these last couple of years with North Queensbury. MR. TUCKER- How are you going to handle buying a new vehicle? SUPERVISOR STEC- It will be largely debt. GEORGE DRELLOS- 27 Fox Hollow Lane- Questioned North Queensbury starting their own district. Wanted to know how much savings they are going to have. COUNCILMAN BOOR- That is what the public hearing is going to address. MR. DRELLOS- How much do they think? SUPERVISOR STEC- They think they can cut it roughly in half. COUNCILMAN BOOR- They are saying $200,000. MR. DRELLOS-Why should one district get away scott free? Why should some fire companies have to deal with all this? This is not a good idea. COUNCILMAN SANFORD- This is very controversial. The fact that we are moving forward with the SEQRA and the public hearing no way suggests that this has the support of the majority of this Town Board. However, we feel it is appropriate to allow them to at least advance their position for our consideration. I think you are likely to hear during that public hearing many of your concerns and then some expressed. I’m not sure how much support they do have, but it would be punitive not to allow them their say on the matter. MR. DRELLOS- I understand that, but I’m just giving some reasons why this shouldn’t go in as far as the rest of the Town is concerned. There is more to it than just putting them in their special district. SUPERVISOR STEC- It is a very complicated issue REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 130 MR. DRELLOS- I can see that but it affects the whole Town and is it fair for the whole Town? COUNCILMAN BREWER- This Town Board is going to allow them to proceed with the process, let them state their case and we will make a decision. Not everybody is going to be happy with the outcome. BERNARD RAHILL- 37 Wincrest Drive- Mr. Drellos made an ethical statement stating there is inequality. We are talking about one group having special interests over the rest of us and the lack of equality. Questioned results of the meeting the Board had regarding an Ethics Board? SUPERVISOR STEC- We’ve continued that discussion to the next workshop which will be next week. PETER BROTHERS- I just want to say for the record, with regard to some information that’s been out there regarding the decision the County is coming to regarding the Social Services Building. I know Dan you are on the committee; you are on the Board of Supervisors. SUPERVISOR STEC- Of course, I’m on the Board of Supervisors but I’m not on the committee. You said I was on the committee, I just want to correct you, in fact, I am not. MR. BROTHERS- You being on the Board of Supervisors, you folks are going to be making the decision of the thirty million dollars for the Social Services Building. SUPERVISOR STEC- Or less MR. BROTHERS- I don’t think that it’s been done in a judicious way or a fair way. I would ask that this be given extensive review before going ahead and spending the taxpayers’ money. That being said move on to the fire district. I would strongly encourage this Board to have the hearing that they have been asking for. These people do a lot of work, they work hard, they are very dedicated and they help a lot of people. I believe in the cause myself have spoken on that before as certainly in tax savings as far as the fairness. We’re talking about paying for our own building and there are other buildings in Town that can pay for their own. I wanted to use another example we wouldn’t be paying for South Glens Falls School District, they are not expected to pay for Lake George School District. We want to keep things in our own neighborhood. Regarding Cool Insurance, I know there has been a lot said this evening. Certainly, Roger and Richard with comments about open bids before the Board and correction of the five and ten percent information that was in the paper. That being said I don’t have anything further there. But, I am concerned with some of Mr. Platzer’s remarks seeming to infer that there was some behind the scenes efforts to continue with the vendor. The end result here we are saving sixty seventy thousand dollars, that is the most important thing here, and that probably would not have been realized I’m sure, in my opinion, if there wasn’t a RFP. That is all I have to say. ED CARR- Assistant Chief North Queensbury Fire Company. Spoke regarding the fire district. Stated that there as some inequities, when you take two property owners in North Queensbury that are shouldering the same tax as Kmart that gets a little bit extreme. Urges that everyone look at the facts realistically and not just think it’s a way to save money. The last few years have been a rather difficult process negotiating. Seems everyone has different points of view on whether to finance to the hilt or save and then buy your equipment. It goes to the heart of company policies. We’d rather not be forced into running the Fire Company in a matter that we do not feel that is appropriate. EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCE ALTER- Reviewed for the Board ZBA’s role in Town Government. 5.0 TOWN BOARD DISCUSSIONS REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 131 COUNCILMAN BREWER- Dan Briar, the new engineer, completed Storm Water Drainage Report on Grant Avenue, Morris Field. He handed out a copy to each of the Board Members and asks them to review it for next week. He had a meeting with Mr. Briar last week at the field. He identified where the problems were. He looked at the calculation that were done for Morris Field, all the construction that was done, current drainage, culverts and manholes that we have in that area. He came up with some reasonable things that can be done to alleviate those problems that the residents are having over there. He will have to meet with school district will have to do a little bit of work on their property as well as well as the Town doing some work on our property. He wants to discuss this further next week at the workshop. Thanked Mike Shaw for taking care of a problem last Wednesday. A sanitary sewer line broke on Bay Road again. He also thanked all the local businesses that helped. The pipe is very brittle, old and needs to be replaced. COUNCILMAN STROUGH- Received a copy of New York States Planning and Policy Models for pedestrian and a place called friendly communities in New York State. This document has been developed to help communities in New York State improve conditions for walking and bicycling. With regards to the connector road, maybe when this is done it should be designed to accommodate pedestrians and bicycles. All highways except those that are legally prohibited should be designed and constructed under the assumption that they will be used by pedestrians. Spoke regarding doing the pedestrian lighting at the Main Street connector road as they did with the Million Dollar Half Mile. The utilities will be buried at Main Street. Thanked the Warren County EDC and Councilman Sanford for inspiring their current summary of their accomplishments and activities and long range planning. This is an excellent document. This is the type of thing that we want included in Part B of the 2007 Comprehensive Land Use Plan. We should ask for a copy of this in electronic format so that it can be given to Stuart Baker so that it can be included in Part B. He recently attended the Local Waterfront Opportunity Workshop. A lot of good ideas were expressed on what can be done along the Hudson River and along Feeder Canal. Also spoke regarding a group of people interested in starting a beautification committee. This committee would like to help with holiday decorations and they are interested in giving periodic awards to local businesses in Queensbury who make the extra efforts to make their buildings and grounds look nice. He will bring this up for further discussion at future workshops. The seniors wrote a nice article on Bill Purcell recognizing him for his accomplishments, one of which being one of the founding members of The Queensbury Senior Citizens. Anyone fifty-five or older interested in joining the Queensbury Senior Citizens Center contact Karen Kirkpatrick at 761-8224. COUNCILMAN SANFORD- Had the opportunity to meet with Vision Engineering last week. The engineer will meet with the neighbors on Garrison and North Road and get back to him with some practical solutions. COUNCILMAN BOOR- Very impressed with the appearance of the Storm Water Drainage Document that was done by Dan Briar. Welcomed Blanche Alter, our new Community Development Director. He looks forward to the new Town Fiscal Manager, Barbara Tierney joining us on Monday. SUPERVISOR STEC- Welcomed Blanche Alter on behalf of the Town. Noted the Town’s website www.Queensbury.net – a lot of information on the website. Thanked Glens Falls National Bank and TV 8 for sponsoring/televising of our Town Board Meetings. Update on the new Social Services Building, This is going to be a significant dollar impact as we incur potential debt to replace this eighty year old building that is starting to fall apart. Queensbury and Glens Falls are working together on recreation projects. 6.0 RESOLUTIONS REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 132 RESOLUTION SETTING PUBLIC HEARING REGARDING AMENDMENT TO SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S FIRE SERVICES AGREEMENT TO PROVIDE FOR PURCHASE OF RADIOS AND RADIO FREQUENCY RESOLUTION NO.: 73, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the South Queensbury 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 new radios and a radio frequency, and WHEREAS, this purchase will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Fire Company received a quote for such purchase for an amount not to exceed $8,500, and WHEREAS, the Town Board wishes to set a public hearing concerning the proposed increase in the Fire Company’s budget and amendment of its Fire Services Agreement, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the increase in the South Queensbury Volunteer Fire Company, Inc.’s budget for the year 2007 in an amount not to exceed $8,500 for the purchase of new radios and a radio frequency and the corresponding amendment to the Fire Company’s Agreement with the th Town of Queensbury for fire protection services, on Monday, February 26, 2007 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 133 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 74, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th North Queensbury Volunteer Fire Co., Inc., on Monday, February 26, 2007 at 7:00 p.m., and REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 134 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 75, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th Queensbury Central Volunteer Fire Co., Inc., on Monday, February 26, 2007 at 7:00 p.m., and REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 135 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 76, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 136 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th West Glens Falls Volunteer Fire Co., Inc., on Monday, February 26, 2007 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING PAYMENTS TO TOWN OF QUEENSBURY FIRE COMPANIES UNDER CURRENT AGREEMENTS RESOLUTION NO.: 77, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury 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, 2006, and WHEREAS, year 2007 Agreements have been entered into between the Town and the Bay Ridge Volunteer Fire Company, Inc., and the South Queensbury Volunteer Fire Company, Inc., and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., and the West Glens Falls Volunteer Fire Co., Inc., have agreed to continue to provide fire protection services under the terms and REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 137 provisions of their existing agreements during the interim period pending execution of new th agreements which is anticipated to occur on or about February 26, 2007, and WHEREAS, the Fire Companies may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to authorize payments under the current Agreements, which after new agreements are entered into will constitute advance payments on the 2007 agreements to the Fire Companies, such advances to be deducted from contract payments to be paid after the 2007 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers to the Town of Queensbury Fire Companies under the current Agreements, which payments will constitute advance payments on the new fire protection services 2007 agreements if such agreements are entered into, as follows: th ? North Queensbury Volunteer Fire Co., Inc. - 1/12 of 2006 Contract Amount (not including Vehicle Fund); th ? Queensbury Central Volunteer Fire Co., Inc.- 1/12 of 2006 Contract Amount (not including Vehicle Fund); th ? West Glens Falls Volunteer Fire Co., Inc. - 1/12 of 2006 Contract Amount (not including Vehicle Fund); and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fiscal Manager and/or Accountant to make the necessary arrangements to make such payments which are authorized under the current agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of February, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 138 RESOLUTION AUTHORIZING RELEASE OF MONEYS IN QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S VEHICLES FUND FOR GARAGE EXPANSION, SEAL-COATING AND FURNITURE RESOLUTION NO.: 78, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company wishes to use $49,400 from its vehicles fund for: 1) a garage expansion at its Station 1 on Lafayette Street for the approximate amount of $25,000; 2) approximately $13,400 for seal-coating at Station 1; and 3) approximately $11,000 for furniture replacement at Station 1, and WHEREAS, the Town’s Agreement with the Fire Company expired on December 31, 2006 and in such Agreement the Town and Fire Company agreed to continue to provide fire protection services under the terms and provisions of the existing Agreement during the interim period pending execution of a new Agreement which is anticipated to occur sometime during the first two months of 2007, and WHEREAS, the Fire Company has requested that the $49,400 for the purchases/improvements set forth above be released from its vehicles fund before the new Agreement can be executed, 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 and therefore the Town Board wishes to authorize the release of $49,400 from the Fire Company’s vehicles fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the release of $49,400 from the Queensbury Central Volunteer Fire Company, Inc.’s vehicles fund for the REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 139 Fire Company’s: 1) garage expansion at its Station 1 on Lafayette Street for the approximate amount of $25,000; 2) approximately $13,400 for seal-coating at Station 1; and 3) approximately $11,000 for furniture replacement at Station 1, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fiscal Manager and/or Accountant to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of February, 2007 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF MONEYS IN WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S VEHICLES FUND FOR PROTECTIVE GEAR AND BUILDING IMPROVEMENTS RESOLUTION NO.: 79, 2007 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 use $40,000 from its vehicles fund for: 1) the purchase of approximately 20 sets of personnel protective gear for the approximate amount of $25,000 as soon as possible to provide additional safety for its firefighters and 2) approximately $15,000 in building improvements, and WHEREAS, the Town’s Agreement with the Fire Company expired on December 31, 2006 and in such Agreement the Town and Fire Company agreed to continue to provide fire protection services under the terms and provisions of the existing Agreement during the REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 140 interim period pending execution of a new Agreement which is anticipated to occur sometime during the first two months of 2007, and WHEREAS, the Fire Company has requested that the $40,000 for the purchase of personnel protective gear and building improvements be released from its vehicles fund before the new Agreement can be executed, 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 and therefore the Town Board wishes to authorize the release of $40,000 from the Fire Company’s vehicles fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the release of $40,000 from the West Glens Falls Volunteer Fire Company, Inc.’s vehicles fund for the Fire Company’s purchase of approximately 20 sets of personnel protective gear for the approximate amount of $25,000 and building improvements for the approximate amount of $15,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fiscal Manager and/or Accountant to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of February, 2007 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE DUMP TRUCK RESOLUTION NO.: 80, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 141 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 obsolete, and WHEREAS, the Town’s Landfill Equipment Operator has declared a 1994 Ford – One-Ton Dump Truck in the Solid Waste Department as surplus, and WHEREAS, the Landfill Equipment Operator advised Town Departments of the surplus truck and did not receive any requests from the Departments for the truck and therefore he has requested Town Board authorization to sell the truck by advertising in the official Town newspaper, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town Solid Waste Department’s 1994 Ford – One-Ton Dump Truck that is no longer needed by the Town or obsolete, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids to sell the surplus truck in the official newspaper for the Town of Queensbury, and that all Town proceeds from the sale shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF ONE (1) 2008 INTERNATIONAL TANDEM TRUCK MODEL 7600 6X4 CAB AND REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 142 CHASSIS WITH COMBINATION DUMP BODY WITH SNOWPLOW AND HYDRAULICS FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 81, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town’s Deputy Highway Superintendent has advised the Town Board that he wishes to purchase one (1) 2008 International Tandem Truck Model 7600 6x4 Cab and Chassis with Combination Dump Body with Snowplow and Hydraulics for use by the Town Highway Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted for in the 2007 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62176, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Highway Superintendent’s purchase of one (1) 2008 International Tandem Truck Model 7600 6x4 Cab and Chassis with Combination Dump Body with Snowplow and Hydraulics from International Truck & Engine Corporation in accordance with New York State Contract #PC62176 for an amount not to exceed $185,667.83 to be paid for from funds budgeted in the current year from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent, Fiscal Manager 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 5 day of February, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 143 ABSENT: None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 82, 2007 INTRODUCED BY: Mr. Roger Boor 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 Fiscal Manager and/or Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: FROM: TO: $ AMOUNT: 032-8110-4010 032-8110-1010 26.12 (Office Supplies) (Salaries) 032-8110-4030 032-8110-1010 11.21 (Postage) (Salaries) 032-8120-4440 032-8120-1020 1,600. (Sewer Line Maint.) (Overtime) 032-8120-2050 032-8110-1010 500. (Radio Equip.) (Salaries) FROM: TO: $ AMOUNT: 032-8120-4090 032-8110-1010 90. (Training-Educ. & (Salaries) Subscript.) 032-8110-4105 032-8110-1010 7.14 (Mobile Comm.) (Salaries) 032-8110-4200 032-8110-1010 144.21 (Prop. Liab. Insurance) (Salaries) 032-8110-4201 032-8110-1010 530. (Uninsured Risks Deduct.) (Salaries) th Duly adopted this 5 day of February, 2007, by the following vote: REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 144 AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEW DORSEY IN CONNECTION WITH CERTAIN ARTICLE 7 LITIGATION CASES RESOLUTION NO.: 83, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to engage the legal services of Matthew Dorsey in connection with certain Real Property Tax LawArticle 7 proceedings brought against the Town of Queensbury by: 1) Fred and Margaret Alexy, et al., 2) Bear Pond Trail, LLC as successor to South Bay Realty, LLC; and 3) Robert and Susan Morris, due to the Town of Queensbury Town Counsel’s conflicts of interest in such cases, such services to be provided at the rate of $150 per hour, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Matthew Dorsey in connection with certain Real Property Tax LawArticle 7 proceedings brought against the Town of Queensbury by: 1) Fred and Margaret Alexy, et al., 2) Bear Pond Trail, LLC as successor to South Bay Realty, LLC; and 3) Robert and Susan Morris, such services to be provided at the rate of $150 per hour, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for these services shall be paid for from accounts to be determined by the Town’s Fiscal Manager and/or Accountant and the Town Board authorizes and directs the Fiscal Manager and/or Accountant to make any needed budget transfers or amendments to the 2007 Town Budget to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Letter of Engagement and/or any other needed documentation and REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 145 the Town Supervisor, Town Counsel, Fiscal Manager and/or Accountant to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR IMPROVEMENTS AT RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 84, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, by Resolution No.: 416,2003 the Town Board authorized establishment of Capital Project Fund #138 to fund expenses associated with parking lot improvements, design and expansion of softball fields and replacement of fencing at the Ridge/Jenkinsville Park and the Town Board authorized funding for such Capital Project Fund #138 in the amount of $95,670 and such funds were transferred into such Fund #138 from Capital Improvement Plan Reserve Fund #64, and WHEREAS, by Resolution No.: 210,2004 the Queensbury Town Board authorized a supplemental Ridge/Jenkinsville Park Project and additional expenditures in the amount of $413,266 and funds were transferred from Capital Improvement Plan Reserve Fund #64 to Fund #138 to fund such supplemental Project, and WHEREAS, the Town’s Director of Parks and Recreation and the Town’s Recreation Commission have presented to the Town Board proposed improvements to the Ridge/Jenkinsville Park as follows: 1.creation of three (3) multi-use (soccer, lacrosse, field hockey, etc.,) irrigated, REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 146 athletic fields; 2.construction of a field house containing bathrooms, irrigation equipment/controls and storage space for maintenance equipment and ancillary field gear (goal netting, flags, signage, etc.,); 3.construction of a paved access road and paved parking; 4.construction of walkways, fencing and landscaping; and 5.professional services for all of the above; and WHEREAS, based on the Director of Parks and Recreation and Recreation Commission’s input, the Town Board wishes to supplement Capital Project Fund #138 as more specifically set forth in a Project Outline from the Director of Parks and Recreation presented at this meeting, and WHEREAS, the additional project costs for the supplemental Park Project is estimated to be in the amount of $976,000, and WHEREAS, the total for the Ridge/Jenkinsville Park Project Account Fund #138 after the CIP fund allocation and Resolution No.’s 416,2003 and 210,2004 will be $1,484,936.00, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund #64 in the amount of $976,000 for the supplemental Park project, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, 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 or increase in any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th February 26, 2007 to hear all interested persons and take any necessary action provided by law concerning the proposed $976,000 increase in the Capital Project Fund #138 to fund improvements at the Ridge/Jenkinsville Park, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 147 RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None ? DISCUSSION HELD BEFORE VOTE: Supervisor Stec asked Director of Parks and Recreations, Steve Lovering to do some extra advertising in the newspaper about this public hearing. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF FEBRUARY 5, 2007 RESOLUTION NO.: 85, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills st presented as the Warrant with a run date of February 1, 2007 and a payment date of th February 6, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a stth run date of February 1, 2007 and payment date of February 6, 2007 totaling $767,316.74, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Fiscal Manager 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 5 day of February, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 148 NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 7,2007 REGARDING AUTHORIZATION OF BANKING TRANSACTIONS AND INTERNET-BASED BANKING SERVICES – CHANGE OF “BUDGET OFFICER” REFERENCES TO “FISCAL MANAGER” RESOLUTION NO.: 86, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 7,2007 the Queensbury Town Board authorized banking transactions and internet-based banking services for the year 2007, and WHEREAS, such Resolution contained references to the Town’s “Budget Officer” and since that time, by Resolution No.: 69, 2007, the Town Board created the position of “Fiscal Manager” and made an appointment to such position and the position of Budget Officer is not currently being filled at the Town, and WHEREAS, the Town Board wishes to amend Resolution No.: 7,2007 to accordingly change all references of “Budget Officer” to “Fiscal Manager,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 7,2007 such that “Fiscal Manager,” shall be substituted therein for all references of “Budget Officer,” and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 7,2007 in all other respects. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 149 ABSENT: None **DISCUSSION HELD BEFORE VOTE OF RESOLUTION 87 & 88** SUPERVISOR STEC- I spoke with Doug Miller earlier today. We have two versions of two different resolutions for two different transient merchant applications to consider tonight. Time is an issue for the applicant. The applicant got some information to the Town Board late last week. I don’t know if all Town Board Members have had a chance to review it or not but the one is at the Dome in mid March- The Boat Show and at the end of March the Adirondack Living Show. A Transient Merchant License is required. He has been working with staff. The normal procedure would involve going to the Planning Board, however our code allows us as a Town Board to preempt that and do the review ourselves. Ultimately the Town Board is the approving authority. To get on the Planning Board agenda and complete that review in the normal course, the event will have occurred after the approval was given. So they sought us to consider assisting them in this issue. The Adirondack Living Show is the first pair of resolutions and the second pair of resolutions is the Boat Show, but I believe the Boat Show occurs first. There are two resolutions, because I made the call to prepare one to refer to the Planning Board as I explained. That may be a deal killer for an approval unless the Planning Board did something to accommodate. The second version is for the Town Board to go ahead and just grant the approval. ROGER PHINNEY- Stated that they have the written approvals from the Glens Falls Tech Park and Glens Falls School District on Morris Field. They also have some verbal agreements with the West Glens Falls Fire Department. They have made arrangements for shuttle buses to be utilized. He stated that they did not realize the time frame that was required to accomplish all of the steps required to get the permit. They did have a pre- conference with the Planning staff addressing the traffic flows and parking issues. DOUG MILLER- Spoke with Craig Brown after the event last year and because of the size of it and scope of it they need to have the Boat Show Dealer’s Association apply for a Transient Merchant License for this year. They started the process early last week, which puts them just short of two months prior to the event anticipating that would be plenty of time. Questioned a blanket site plan? COUNCILMAN SANFORD- Noted the possibility of going the ZBA for a use variance. COUNCILMAN BOOR- Supports what they are doing. Wants to see a really strong effort on the applicants’ part to deal with the issues that Mr. Brown has addressed. He is willing to allow this to move forward but wants some kind of reassurance that they will in a very timely in expeditious manner address what Craig Brown has referenced with regards to problems with the site plan as it currently exists. MR. MILLER- Stated that they have had dialogues on this and they will continue to do so until the time they submit a final revised proposal. COUNCILMAN SANFORD- Encouraged them to work with Blanche on this. SUPERVISOR STEC- Encouraged them to go back to the Planning Board to get things wrapped up and talk to Craig Brown. EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCE ALTER- Scheduled a meeting with the Planning Board Chairman, states that it is not fair to hold up people who are bringing economic development alternatives to the community. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR ADIRONDACK LIVING SHOW RESOLUTION NO.: 87, 2007 REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 150 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Adirondack Living Show (Adirondack) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License thst to conduct a transient merchant market from March 30 through April 1, 2007 for the sale of rustic furniture, log home guides, architect docks, canoes, kayaks and other items at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, in accordance with Queensbury Town Code Chapter 160, §160- at its discretion 8(2)(b), the Town Board, “, may forward the application to the Town Planning Board for site plan review comments,” and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment and hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to the Adirondack Living Show (Adirondack) to conduct a transient merchant market for the sale of rustic furniture, log home guides, architect docks, REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 151 canoes, kayaks and other items at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury, subject to the following: 1. Adirondack must pay all fees as required by Town Code Chapter 160; 2. Adirondack must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Adirondack must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thst 4. The License shall be valid only from March 30 through April 1, 2007 from thst Noon to 8:00 p.m. on March 30; from 9:00 a.m. to 7:00 p.m. on March 31;and st from 10:00 a.m. to 4:00 p.m. on April 1, and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Adirondack must comply with all regulations specified in Town Code §160-8. th Duly adopted this 5 day of February, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR EASTERN NY MARINE TRADES ASSOCIATION RESOLUTION NO.: 88, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Eastern NY Marine Trades Association (Marine Trades) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant th Market License to conduct a transient merchant market from March 15 through March th 18, 2007 for the sale of boats and boating accessories at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury in accordance with the provisions of Town Code Chapter 160, and REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 152 WHEREAS, in accordance with Queensbury Town Code Chapter 160, §160- at its discretion 8(2)(b), the Town Board, “, may forward the application to the Town Planning Board for site plan review comments,” and WHEREAS, the Town Board is duly qualified to act as lead agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment and hereby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office and/or Department of Community Development to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Eastern NY Marine Trades Association (Marine Trades) to conduct a transient merchant market for the sale of boats and boating accessories at the Adirondack Sports Complex, 326 Sherman Avenue, Queensbury, subject to the following: 4. Marine Trades must pay all fees as required by Town Code Chapter 160; 5. Marine Trades must submit a bond in the amount of $10,000 as required by Chapter 160; 6. Marine Trades must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 7. The License shall be valid only from March 15 through March 18, 2007 from REGULAR TOWN BOARD MEETING 02-05-2007 MTG #5 153 thth Noon to 8:00 p.m. on March 15 and 16; from 9:00 a.m. to 7:00 p.m. on March thth 17;and from 10:00 a.m. to 5:00 p.m. on March 18, and the license shall expire immediately thereafter; 8. The Transient Merchant License shall not be assignable; and 9. Marine Trades must comply with all regulations specified in Town Code §160-8. th Duly adopted this 5 day of February, 2007, 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 89, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly Adopted this 5 day of February, 2007 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury