2007-02-26 MTG7
1
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
REGULAR TOWN BOARD MEETING MTG. #7
FEBRUARY 26, 2007 RES. 95-115
7:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH
1.0PUBLIC HEARINGS
1.1PUBLIC HEARING ON FIRE PROTECTION
SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND NORTH QUEENSBURY
VOLUNTEER FIRE COMPANY, INC. 2007
NOTICE SHOWN
PUBLICATION DATE 2-16-2007
Supervisor Stec-The pubic hearing is open the Town Board concluded our Fire
negotiations last month, set the public hearing three weeks ago for this evening, we have
got three fire public hearings and actually an amendment for South Queensbury so a
fourth tonight. The first one is North Queensbury and their total by the contract for this
year would be $315,000 . These are all one year contacts. With that said is there any
member of the public that would like to comment on the North Queensbury Fire
Contract? Anyone at all? Any Board Member comments? All right I will close the
public hearing and entertain a motion.
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH
QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2007
RESOLUTION NO.: 95, 2007
INTRODUCED BY: Mr. Roger Boor
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 North Queensbury Volunteer Fire Co., Inc., have
negotiated terms for a new one (1) year Agreement for fire protection services, and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
North Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and further authorizes and directs the Town Supervisor, Town
Fiscal Manager and/or Accountant to take such other and further action necessary to
effectuate the terms of this Resolution.
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Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
1.2PUBLIC HEARING FIRE PROTECTION
SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND QUEENSBURY CENTRAL
VOLUNTEER FIRE COMPANY, INC. FOR 2007
NOTICE SHOWN
PUBLICATION DATE: 2-16-2007
Supervisor Stec-I will open the public hearing this is for Queensbury Central and again a
one year budget, contract and a total $630,000 dollars and that does reflect the additional
debt because of the purchase of the new tower vehicle. So, again that is $630,000 the
public hearing is open. If there are any members of the public that would like to
comment? Any comments from Board Members? I will close the public hearing and
entertain a motion.
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.
FOR 2007
RESOLUTION NO.: 96, 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 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 conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
Queensbury Central Volunteer Fire Co., Inc., substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and further authorizes and directs the Town Supervisor, Town
Fiscal Manager and/or Accountant to take such other and further action necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
NOES : None
ABSENT: None
1.3PUBLIC HEARING FIRE PROTECTION
SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND WEST GLENS FALLS
VOLUNTEER FIRE COMPANY, INC. FOR 2007
NOTICE SHOWN
PUBLICATION DATE: 02-1-2007
Supervisor Stec-This is also a one year contract with West Glens Falls Fire Company for
a total of $450,000 any comments from the public, the public hearing is open.
Mr. Nussbaum-Good evening. I just wanted to say that on behalf of the Fire Company
this is the first copy of the contract that I have got, so if you are telling me that this is
pretty much the same as what we had last year no changes to it?
Supervisor Stec-It is.
Mr. Nussbaum-The fire company will be signing the contract I guess you could say under
duress or under protest nothing was open up for negotiations as far as our language goes
all we did was sit and talk about money. There are still several items in here that we are
not happy about, but I guess we have no choice. Also the amount of money that we
discussed and is discussed in here I just wanted to make sure you guys realize that it is
still not going to be enough and that we will be back to discuss other things with you as
far as fees for items that are coming up. We did have recently a compressor that went
down so if that is going to have to be replaced we are looking at totally not having
enough money in the budget. I wanted to make sure that you are all aware of where we
are now.
Councilman Brewer-How much was the compressor?
Mr. Nussbaum-I have no idea, right now I do not know if it is going to be the compressor
is going to be replaced or what?
Councilman Brewer-Compressor for?
Mr. Nussbaum-Station II it runs everything all the trucks and everything. Couldn’t get
one of the engines out the other night because there was no air in it, we had to sit and run
it up.
Councilman Brewer-What is it like, I am just asking, because I do not know.
Mr. Nussbuam-Aircompressor.
Councilman Brewer-I understand that. Five horse, ten horse?
Mr. Nussbaum-I do not know the specs on it yet, it was replaced I want to say two years
ago, so, I do not know what happened to it but it was running constantly and the only way
to shut it down was actually to kill power to the whole station. So, something went really
wrong in there. I just wanted to make sure that everybody is aware of where we are with
everything. So, if you have any questions or anything.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-Is there anyone else that would like to comment this evening on this
public hearing regarding West Glens Falls Fire’s contract? Any Board Member
comments? All right I will close the public hearing and entertain a motion.
RESOLUTION APPROVING FIRE PROTECTION SERVICE
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST
GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2007
RESOLUTION NO.: 97, 2007
INTRODUCED BY: Mr. Richard Sanford
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 West Glens Falls Volunteer Fire Co., Inc., have
negotiated terms for a new one (1) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law
§209(b), the Town Board conducted a public hearing and heard all interested persons
concerning the proposed Agreement, and
WHEREAS, a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection
District, hereby approves the Fire Protection Service Agreement between the Town and the
West Glens Falls Volunteer Fire Co., Inc., substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute such Agreement and further authorizes and directs the Town Supervisor, Town
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Fiscal Manager and/or Accountant to take such other and further action necessary to
effectuate the terms of this Resolution.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Boor, Mr. Sanford
NOES : Mr. Stec
ABSENT: None
1.4PUBLIC HEARING CONCERNING PURCHASE
OF RADIOS AND RADIO FREQUENCY BY
SOUTH QUEENSBURY VOLUNTEER FIRE
COMPANY, INC. AND CORRESPONDING
AMENDMENT TO FIRE SERVICES
AGREEMENT
NOTICE SHOWN
PUBLICATION DATE: 2-16-2007
Supervisor Stec-I will open this public hearing we did adopt a contract for South
Queensbury back in January and that contract was signed however at the time and in
advance we were aware that there was an issue regarding the radio’s and radio frequencies
that needed to be addressed, a one time issue with the radio’s and this amendment would be
an additional $8,500 dollars to their 2007 contract. Again a one year contract. So, the
public hearing is open if anyone would like to comment on this public hearing?
Councilman Brewer-Is there anybody here from South Q?
Supervisor Stec-I thought I saw somebody, no, I guess not. Is there any member of the
public that would like to comment? Any Board Member comments?
Councilman Brewer-I just had a question about the maybe some other company or some
other officer in the company would know about the, when they buy this frequency is that
forever, is it does anybody know, Joe maybe do you know?
Supervisor Stec-If you would come to the microphone please, Chief?
Chief-I am certainly not here to answer for South Queensbury.
Supervisor Stec-Understood.
Chief-Just to pass on the information that I may have that maybe useful to you. I believe
what they did is the purchase of a license which is required by FCC other than a
maintenance fee I believe it is every three years a small fee of I think it is hundred or a
hundred and seventy five dollars over that period of time to maintain that license, I believe
that is what they are looking at.
Councilman Brewer-That is basically what he said that they had to do is buy the license,
whatever but I did not know whether it was a one time shot every three years you had to pay
fifteen hundred bucks or whatever.
Chief-Right, I believe the initial expense is what they are incurring here and I believe that it
is going to be a small maintenance item thereafter.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Councilman Brewer-Ok. Thank you very much.
Supervisor Stec-Thanks, Chief. Any other comments from the public? Any Board Member
comments? All right I will close this public hearing and entertain a motion.
RESOLUTION AUTHORIZING PURCHASE OF RADIOS AND
RADIO FREQUENCY BY SOUTH QUEENSBURY VOLUNTEER
FIRE COMPANY, INC. AND CORRESPONDING AMENDMENT TO
FIRE SERVICES AGREEMENT
RESOLUTION NO.: 98, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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
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WHEREAS, on Monday, February 26, 2007, 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
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
RESOLVED, that the Queensbury Town Board hereby approves the estimated
$8,500 increase in the South Queensbury Volunteer Fire Company, Inc.’s budget for the
Fire Company’s purchase of new radios and a radio frequency and the corresponding
amendment to the Fire Company’s Agreement with the Town of Queensbury for fire
protection services for the year 2007 by an additional $8,500 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, 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 $8,500 and
amend the 2007 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.
th
Duly adopted this 26 day of February, 2007 by the following vote:
AYES : Mr. Brewer, Mr. Boor, Mr. Sanford, Mr. Strough
NOES : Mr. Stec
ABSENT: None
Supervisor Stec-That concludes the four fire hearings, those contracts will be ready for
signature by Wednesday.
1.5PUBLIC HEARING AUTHORIZING
WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64
AND INCREASE IN CAPITAL PROJECT FUND
#138 FOR IMPROVEMENTS AT
RIDGE/JENKINSVILLE PARK AND
AUTHORIZING ENGAGEMENT OF MILLER
ASSOCIATES
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
NOTICE SHOWN
PUBLICATION DATE: 02-16-2007
Supervisor Stec-I will open the public hearing and this is for improvements to
Ridge/Jenkinsville and I do not know who wants to speak for the Rec. Commission
tonight, do you Mr. Conboy? I will let you explain the project to the Board again and the
public, while you are making your way to the microphone the public hearing is open and
any time we spend money from our capital reserve fund we are required by our
procedures to have a public hearing and the dollar amount that Mr. Conboy is going to
explain for the improvements at Ridge/Jenkinsville is for not to exceed total of $976,000
dollars. Mr. Conboy if you want to take over and maybe just give us a brief intro of what
we are going to be doing there and we will continue to take public comment.
Commissioner Conboy-I wasn’t really planning on giving a summary of the project, we
have posted information about it on the internet and did place the ads in the Post Star and
the Chronicle as requested, basically describing the project it is the next phase of the
2004 Master Plan that was created for Ridge/Jenkinsville Park and the plan is calling for
it is really two phases; first would be a design and a site planning phase where we hire a
landscape architect and that firm works with the Town the Rec Department and the Town
Board to come up with a site plan. Once that plan is created and agreed upon then we go
into the construction phase where we put plans out to bid and hire a construction firm to
complete the improvements. Just as far as the scope of the work what we anticipate is in
2007 coming up with a plan for the southern portion of the Ridge/Jenkinsville Park. The
Master Plan calls for six multi use athletic fields some parking areas a pavilion a small or
field house for bathrooms and irrigation type equipment, pumps and the sort and
additionally a walking path, but that is a conceptual plan. The final plan and the site plan
will be determined through this process that we are proposing that we hire a landscape
architect to take us through himself. The idea is then to commence construction around
June time frame so that we can complete it by around September, give the grass some
time to grow and have the fields available to play sometime in May, 2008.
Councilman Sanford-Quick question, I am a little confused, I was under the
understanding based on our workshop discussion that we had that some of us at the Board
were comfortable moving forward provided that it was three fields not what you just said.
Commissioner Conboy-I did not make that clear in my comments. The plan, we want it
to develop a site plan for the whole southern portion of the field, the park, that includes
six fields, but only go ahead with construction of three of them in 2007.
Councilman Sanford-The other comment that you made what is somewhat concerning is I
felt that the amount of expenditure was somewhat nailed down and the way that at least I
interpreted what you just said was, phase I you are going to bring in the architect and then
phase II you are going to price it and scope it out. I thought that scoping was pretty well
done and I thought what we were talking about was less than a million dollars for the
whole thing. Is there uncertainty there in terms of the cost estimates at this point?
Commissioner Conboy-We have estimates the estimate $976,000 was based on an
estimate we got, we got from a professional landscape architect but we will not know the
actual cost until we put the construction out to bid. So, you know for example we did
estimate an amount for professional services and we did get bids recently for the design
work and at one point we estimated fifty five thousand the bid that came in at around
thirty thousand for that.
Councilman Sanford-To what degree are we putting the cart in front of the horse here on
this? In other words if we do not really know what the cost is shouldn’t we know that
before we move forward, because I felt at least, maybe it was my error but I felt it was
pretty good certainty that we could do the three fields do the infrastructure associated
with the three fields, handle the consultant costs throughout the process and bring it all in
at this nine hundred and seventy some odd thousand dollar figure. If we authorize what
is in front of us tonight and it turns out that you are off and it is greater cost that may very
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
well influence at least my inclination to want to move forward with this. So, if we don’t
know, let me know that we don’t know, if we know I am more comfortable with it.
Commissioner Conboy-We do not know for sure and we have designed it in two phases
the design phase which we do have a cost on that we have a bid and would like to go
forward with that once the total amount is approved, and then the idea once the actual site
plan is created and we go out to bid then we will understand the construction costs and
then come back to the Town Board to approve the hiring of the firm at that amount.
Councilman Boor-And that sounds good and I believe that is how we typically do it, I am
just reading the eighth Whereas, we are authorizing the expenditure not just the setting up
of the account but the actual expenditure of it. If I am hearing you correctly you are
saying that we still have an option of authorizing expenditure assuming if we like or
don’t like the bids that come in. When I read this it looks like once we authorize this we
have no more say whether we like it or not.
Supervisor Stec-Well the Board, let me jump in there, I mean, maybe I am wrong but my
understanding was exactly to your concern was that this authorizes you go to send these
out to bid, but there will be a resolution required by the Town Board to grant, to award
them. So, we will have another bite at the apple.
Councilman Boor-I guess it is the expenditures, I do not mind setting up the fund for that
amount with the assumption that, that amount will be spent but this says.
Supervisor Stec-I understand what you are saying and
Councilman Boor-And maybe that is typical I just don’t remember it worded that way.
Supervisor Stec-I know exactly what you are saying and
Councilman Sanford-I am concerned about posturing here to some degree, I think the
mind set of the whole Town Board was $976,000 brings this project in we talked about
the phase II which is to put a couple of additional at least a couple of additional fields in,
we weren’t completely comfortable with that, because that would have brought it up to I
think a million and a half or in that neighborhood. So, when we talked about it I thought
that we were dealing with some certainty that what we were talking about it here. I do
not want to give a green light only to find out that nine hundred and seventy six thousand
turns out to be one point one million or something along those lines. Wouldn’t it have
perhaps be more prudent to nail this down ahead of time? I guess that is my question.
That is what I thought we had done.
Supervisor Stec-I think we have, I think we did, I think we are there.
Councilman Boor-I do not have a problem with it, it is just the expenditure part of this is
a little bit concerning but if.
Councilman Brewer-I do not think you can really nail it down though Richard exactly
until you get the bids. That is guessing from what conversations you have had with ..
Councilman Boor-What if the prices come in where it is $976,000 for one field
Councilman Brewer-We say no.
Councilman Boor-We have authorized the expenditure.
Councilman Brewer-Change the language.
Supervisor Stec-Well, let me make a suggestion, in that Whereas that you are talking
about Roger
Councilman Boor-…set up the account.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-Well, I was going to say how about this, because I think the expenditure
word might be, need to be in there maybe we can address your concern by adding other
language. How about Whereas, the Town Board wishes to authorize the withdrawal and
expenditure of monies from fund number 64 in the amount of $976,000 for the
supplemental park project, bids subject to Town Board approval.
Councilman Boor-That is fine.
Supervisor Stec-That way it covers it. I think that this says that but I think this is better.
Councilman Boor-I just want to make sure.
Supervisor Stec-I think we are on the same page .. the bids would have to be authorized
by the Town Board in any event anyways so this I think clarifies that.
Commissioner Conboy-My understanding was that the Town Board needed to approve
the contract that we ultimately award.
Supervisor Stec-We award the bid, you will make a recommendation just as you did
tonight with the next resolution behind this one.
Commissioner Joe Fusco-I live at 67 Cedar Court in Queensbury I am also a member of
the Rec Commission. What we did was to get rough estimates as to what the possible
cost might be, so we are asking you to release that amount not to exceed that amount of
money.
Supervisor Stec-This resolution in my opinion and our intention is I believe and I think
this does that.
Commissioner Fusco-Suppose as Councilman Sanford says that the costs come in more,
what is the Rec Commission going to do, our option is to then go back and be able to
reduce the project somewhat so that we do not go over that particular amount.
Supervisor Stec-Again, in concert and agreement with the Town Board who authorized it,
we can say, at that point we can say forget it we are going to reject these bids. Then the
money is still in the account, the project account it hasn’t left it has not been spent it is
still Town money it has not been awarded to anyone and if there is a surprise in the bids
that is what would happen. We have done that before.
Councilman Boor-The other thing, this comes up quite often and it is an unfortunate
aspect of public domain, public we are telling anybody that is watching this knows what
we are willing to spend.
Supervisor Stec –That is why it is important, right , emphasis not to exceed.
Councilman Boor-We have to be a little bit careful when we put words, go ahead and
spend it. You guys may in your infinite wisdom, I mean that politely, might say hey you
know one field is worth $976,000 dollars and
Supervisor Stec-We may disagree
Councilman Boor- the rest of us might say we would like to get three out of that. So,
anybody that might bid on this gets to watch this they see how much we are willing spend
so we would like to get what we discussed at the workshop for that amount of money,
that is what we are really pushing for.
Commissioner Fusco-Contractors are not stupid either you have the option of rejecting all
of those bids if they come in too high.
Councilman Boor-Say that again..
Commissioner Fusco-You have the right to reject those bids.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Councilman Boor-Thank you.
Councilman Brewer-We have the obligation to if they are too high.
Supervisor Stec-Tim or Joe anything else on the project or anything that we have talked
about so far?
Commissioner Conboy-I just wanted to reiterate the Commission has put a lot of thought
into this that we considered a lot of different options as far as projects in 2007 and the
Commission felt this project deserved basically came to the top of the priority list. We
believe that there is a need for these fields for a variety of reasons and hopefully we have
explained to you already and that we believe that we have developed a plan that helps
meet that need and does it with, in recognizing that we want to be cost conscious and
responsible on how we spend taxpayer dollars here. So, we think this project has the,
came in, really benefits the Queensbury Youth and organized sports programs for many
years to come and we request that you act quickly on it. We would like to reach our goal
of getting some fields available for play in 2008 and if you keep things moving along we
can do that. That is about it.
Commissioner Fusco-I would just invite the Town Board to go up there any night during
the summer and see the number of youngsters and adults that are using that facility.
Councilman Boor-I can go out my back door and go like this, Joe.
Supervisor Stec-All right thanks gents. Anybody else on the public comment on this, Mr.
Rahill.
Mr. Bernard Rahill-Bernard Rahill 37 Wincrest Drive, Queensbury I am a supporter of
recreation and recreational facilities in Queensbury and have been for a long time. At the
same time I think that is, very frequently there is a great deal of scrutiny of recreation
specifically because recreation is not considered very important to most of the people in
not only our community but in all communities. I think of developments and golf courses
and doing things for themselves and making money on business in a Town rather than
providing recreational infrastructure for children. In this case I have spoken to the Board
before and asked that you have the Recreation Commission make a presentation to the
Town on all the recreational facilities in Queensbury so that people are more aware of
what is going on and also I have asked you that the Water Dept. make a presentation on
the Water Department and what is going on in the Water Dept. and they Highway
Department etc. If we do that we have more transparency. We have just seen a number
of presentations with regard to the fire companies and yet there really isn’t very much
transparency we did not have people coming up here and saying this is what we are doing
here, there and everywhere. I think people should be educated in this community. With
regard to this project I do not know what is going on in Ward IV I do not know what is
going on in Ward II we have not been told what is going on in other locations in
Queensbury. So, we have this little place in Jenkinsville and I am not knocking the
project at all what I am saying is we should have a clear vision of what is going on in the
whole recreation department when somebody comes forward to ask for money and when
someone comes forward to ask for money for the fire company we should have a clear
vision of what is going on in the fire companies, not just you behind the doors but I think
if we have a television set here and we have a meeting there should be people
representing themselves before the public. I do not think they should be afraid to do that.
Thank you very much, gentlemen.
Supervisor Stec-Thank you Mr. Rahill.
Councilman Sanford-Well, Bernie, just one comment just to do justice to your thoughts.
We have these televised meetings and they typically alternate and then we have
workshop in between them so typically we have two of these televised meetings a month
and we have two workshops. At the workshop using the fire companies as an example
there were some lengthy discussions that took place they are not televised they are held at
the Supervisor’s conference room but they are legally a public meeting. The public is
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
welcome and encouraged to attend and the level of perhaps transparency or detail that
you are referencing may very well have taken place during those discussions it is just that
they are not on television. So, it begs the question as to whether of not since legally a
workshop is not at all different than this meeting tonight whether or not is makes sense to
maybe have more of these televised meetings and not have the workshop but we like the
idea of the workshop being a less formal way in which to discuss at length the types of
things that you are talking about that the public needs to know. Unfortunately in order
for the public to reap the benefits of that they have to show up in person because it is not
televised. I just wanted to let you know that.
Mr. Rahill-When I was at the last workshop and there was an item on the Hudson River
which is a very, very serious matter and there are a number of other items and I
understand what you are talking about, but at the same time I think that perhaps in terms
of leadership if you feel that somebody is going to make a request for money they should
present themselves to the public and educate the public. I am not knocking what you are
doing I am knocking what anybody is doing I am just asking that the public be educated
because it is our responsibility to make sure that people participate in the democracy of
Queensbury. You are not going to be participatory democracy if you do not have
something which is going on above board on the table and people are understand exactly
what is going on and they are educated. That is all I am saying.
Councilman Sanford-On behalf of the Rec Committee at the workshop when they
presented this they did a very detailed through job and entertained all of our questions
regarding what they were hoping to do and I thought it was a very productive exchange
and I appreciate it. In the absence of knowing what that discussion was tonight it may
look like a superficial review but at the workshop we got into some pretty detailed
discussions about the scoping about phasing and everything else and I think it was
handled in a satisfactory manner. It is difficult to televise everything and I have an
appreciation for what you are saying in terms of public awareness but some times the
practicality gets in the way.
Mr. Rahill-Well, did you talk about Ward IV and the recreational facilities at Ward IV at
that meeting?
Councilman Sanford-We may very well have because as you know there are some very
nice facilities over in Ward IV with Hudson Pointe and those types of things and they
probably were referenced. It is comprehensive thing and I am not disagreeing with you
that the public perhaps you get a micro overview of all the recreational amenities that
Town has to offer, however in regards to this particular proposal for Jenkinsville Park it
was discussed in my opinion in a satisfactory and a comprehensive manner. That is all.
Supervisor Stec-Bernie if I could jump in as well, unlike other departments and unlike the
town as a whole up until fourteen months ago. The Rec Commission still publishes a, is
it simi-annual or is it more frequently than that? It is twice a year winter and a summer a
pretty hefty brochure that spells out all their programs and the availability in great detail
and gives an update of where they are going. So, they do provide that, it goes out to
every town and every home in Queensbury so there is an effort a communication that has
been occurring here. Queensbury is the only Town in Warren County that televises any
meeting, we are the only Town that regularly meets more than once a month in fact we
meet four times a month and we are a larger town and it stands to reason but, I think
anyone in this room would be very challenged to find a municipality that is more
transparent anywhere in New York State than the Town of Queensbury is.
Councilman Boor-Also by law we supply annually a water report, you had mentioned the
water and we by law have to send our rates for the different districts and stuff and on
there is certainly numbers that you can call if you have questions. I can appreciate
wanting to have this type of format and being able to open it up for any kind conversation
that you want to have whether it be the Rec Commission, the Water Department any of
the departments but it is from a practical standpoint its not always that easy. Unless there
is a compelling reason I think we do as good as we can as the projects come along.
Mr. Rahill-Ok, thank you very much gentlemen.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-Thank you, Mr. Rahill
Councilman Strough-There has been a request to have some of the workshop meetings in
this room which is something that we may consider in the future.
Supervisor Stec-Anybody else like to comment this evening on this public hearing? Mr.
Tucker
Mr. Pliney Tucker-Pliney Tucker, 41 Division Road, West Glens Falls, Queensbury My
first question where did the nine hundred and sum thousand dollars come from?
Supervisor Stec-The Rec Commission prepared, their estimate to the Town Board and
that was the workshop that we discussed this for little over an hour I do believe with
them.
Mr. Tucker-No, I mean where is money, where did the money come from?
Supervisor Stec-Where's the money coming from, from the Capital Reserve, from the
Town’s Capital Reserve Fund.
Mr. Tucker-Where did they get, come to get in the Capital Reserve?
Supervisor Stec-Years ago the Town set up
Councilman Boor-Dennis Brower I.. it has been sitting there that long just so you know.
Supervisor Stec-There is about two point three million dollars in the Capital Reserve
more or less right now. So, this would clean out almost half of it.
Councilman Brewer-It came from the General Fund.
Supervisor Stec-It originally came from the General Fund. It was fund balance.
Unknown-It is Recreation Fees.
Supervisor Stec-No it isn’t.
Councilman Boor-Not even close, you kidding?
Supervisor Stec-This came from the General Fund, it was fund balance.
Councilman Boor-$976,000 worth of Recreation Fees?
Supervisor Stec-That is the answer to your question.
Mr. Tucker-General Fund Surplus, sales tax whatever.
Supervisor Stec-More or less, yes.
Mr. Tucker-Ok. I am going back aways, but maybe it was because the Recreation
Department did not have that kind of money they got now, but every year we had four
parks in the Town, major parks and every year there was something done in each one of
them. At budget time I requested eleven thousand plus for lease on land that Finch Pruyn
owns next to the Hudson River Park and there is a ten acre strip that is boxed in by the
river and by the park that serves as a community dump and Carl DeSantis owns it. It is
about a ten acre plot. I was wondering if we could find money enough in this fund that
you got to lease that piece of property from Finch Pruyn and start negotiations with Mr.
DeSantis to see what he wants for the ten acres and then we can go in and clean it up. It
is a dump, they cross the park land to get to it.
Councilman Brewer-Shouldn’t we have Mr. DeSantis clean it up and then buy it?
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Councilman Boor-That discussion would be more appropriate at another time, wouldn’t
it?
Supervisor Stec-That is a little off subject.
Councilman Boor-You ought to bring that up from privilege of the floor this is a public
hearing on Jenkinsville. I would be happy to talk about it later, I think it is a good topic, I
just don’t think it is in line with what we are talking about here.
Mr. Tucker-Well, I just wanted to bring it up because I am amazed there was money
taken out of Hudson River Fund went to the park up there and now we are going to
spend another nine hundred. The Hudson River Park is the poor mans Lake George on
our end of town and it gets a lot of use, a lot of good use.
Councilman Brewer-It certainly does.
Supervisor Stec-Thank you, Mr. Tucker. Anybody else this evening on this public
hearing? Yes, Maam
Ms. Pat Wells-I am Pat Wells, I live in Jenkinsville and maybe I am not in the right place
now that I am hearing about workshops, but I called last week the Recreation Dept. and
asked in particular what this resolution was about the young lady who answered the
phone told me everyone was on vacation and could not give me answers that is why I am
here tonight. I would like to ask three questions and maybe you cannot answer them,
maybe I still have to get my answers from them. Number one I would like assurance that
there will be no lights at that park. I live in that neighborhood its close, we do not mind
the park we like the park but we do not need it twenty four hours a day. My second
question is where will the field house be located that they are talking about? At what part
of the southern..is there a map somewhere a plot?
Supervisor Stec-There is a map and I am hoping that we have the map with us.
Ms. Wells-That would be good. My third question is, the impact of traffic on our poor
little road and I don’t want a bigger road, but people come out of there pretty quick. Is
there going to be another exit area, is there going to be something done in regards to
increasing the usage of this? We are now going to have an increase in cars and traffic
and we have a lot of walkers a lot of kids a lot of dogs.
Supervisor Stec-Our Director of Parks and Rec has placed in front of you and perhaps
when you are done taking a glance at it we can get it up there and maybe the camera can
get a shot of it.
Director Lovering-(using map) this is an overview of the Master Plan that was completed
in 2002 and here is the proposed site of the field house facility which would include
irrigation.
Ms. Wells-OK, so this is the barn the current gravel parking and you are going to put this
into here.
Director Lovering-New roadway, parking and you would come in, these are the roads.
Ms. Wells-Multi use fields, right, so that answers that question.
Supervisor Stec-Put that on the easel, and Steve the question about lights, I think you
gave us that answer and I can’t remember off the top of my head if there was.
Councilman Boor-Is that a north/south orientation there?
Director Lovering-Yes, North is here, Jenkinsville Road, here.
Councilman Boor-Just so the public knows, so that it is.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Director Lovering-As far as the lights go we held sort of a neighborhood meeting back in
2002 when we were talking about the first expansion project which was the fixing of the
fields increasing the fences for the soft ball fields, fixing the drainage problems doing the
parking lot, at that neighborhood meeting it was pretty clear from the people that attended
that they did not want lights. They did not lights for softball, they did not want lights for
anything else. So, to answer you question I do not foresee lights going up there. If lights
were going to go in it probably for our purposes would make the most sense to put them
on the softball fields and not out here.
Supervisor Stec-Steve, the answer, let me try to get an answer here, what we are
considering tonight does it fund lights or does it not fund lights.
Director Lovering-Lights are not in this proposal what so ever.
Ms. Wells-Ok, Thank you. Then my third question is the impact on the traffic with the
safety, has anybody done a study about double the number of cars that is going to be on
our road?
Director Lovering-We have not done a traffic study to see the number of cars, what is
good about this park now is the fact that there are two entrances and two exits if you will,
when everything lets out there are two exits out onto Jenkinsville Road so you have some
cars going up and catching 149, you have a lot of cars going down Jenkinsville, so it is
not like there is one road in and one road out, there is only one entrance to the park one
exit. What we are talking about here is creating a second complete entrance so people
aren’t going to have to come in one bottle neck entrance and then get over to the fields
we are talking about a whole new entrance. So, when these cars are leaving and if there
are activities over here you have got two means of egress and then you have got
Ms. Wells-I am not concerned about that, I am concerned about them coming out of there
and heading south in particular on Jenkinsville Road. At seven o’clock I cannot get out
of my driveway I am stuck and that is with the current fields and I do not have any
problem with the park, I am just asking have you thought about what the traffic is going
to do with my neighborhood?
Director Lovering-Have I thought about the traffic, I do not think that the traffic is going
to be significantly more than what it already is, what we are talking about, these fields are
already being used.
Ms. Wells-Not to that proportion, but yes.
Director Lovering-Well not to this proportion but is it going to add fifty percent more
cars, probably not, we are talking about fixing up and adding three fields in this area,
there are already three fields being used now. They are being used by lots of different
organizations so the number of car should not increase drastically but what you want to
look at is the fields that are going to be played on are going to be ..a major factor going to
be improved.
Councilman Sanford-Steve could you point out maybe with your finger for the public
awareness, that maps shows I think six fields which was the original idea but what we are
looking for tonight is considering merely three. I am not sure you have identified which
three is so could you point them out?
Director Lovering-The three fields have not been identified yet, we think that they might
be these three fields here but that is going to be part of the process of a site plan. This is
the Master Plan of the entire park facility. This section is already done obviously the
softball fields the next phase was adding a basketball court and tennis courts, so this takes
into account everything that we would like to do over a period of time. We have
identified six fields we are not proposing that six fields be put in at this time, we are
proposing that three fields be put in. When you are doing a Master Plan you want to try to
project out as far ahead as you can so we have identified space for three additional fields
if use warrants and we have also identified another active area if it warrants.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-I apologize Steve, I don’t think I properly introduced you, Steve
Lovering is the Town’s Director of Parks and Recreation. He works for the Rec
Commission and the Town Board.
Councilman Strough-Steve, do we have to do a SEQRA form for this expansion?
Director Lovering-We should not have to do one, typically what we have done is the
Board would pass a resolution declaring it not be done. Again that that would be the case
with this, it has been the case with the softball fields and without exception the
Landscape architect …
Supervisor Stec-Thank you Steve.
Councilman Boor-But your concern is definitely understood don’t think that this was a
way, if they do these three and there is a marked increase in traffic speaking only for
myself I would insist on a SEQRA for any remaining work that gets done out there to
make sure that the road can handle the traffic the way it works I would certainly support
that.
Ms. Wells-Thank you and keep our speed limits down there.
Councilman Boor-It is a tricky little road too.
Supervisor Stec-It is, thank you, is there anyone else that would like to comment on this
public hearing. Dr. Hoffman
Dr. Mark Hoffman-Mark Hoffman, Fox Hollow Lane On a peripheral note in reference
to what Bernie was talking about I acknowledge that the Town is much more transparent
than it had been in the past and that these workshops are more accessible to the general
public but I would comment that I have been to some workshops where there is maybe
twenty, thirty people sitting out in the hallway and cannot get in because it is in a very
limited space. So, I would like to see certainly if you see that there is an agenda coming
up that is going to be well attended it would be nice to move it to a better forum.
Supervisor Stec-That is what we have tried to do historically.
Dr. Hoffman-On this issue I did, I didn’t realize the proposal was presented in detail on
the web site. I read very briefly about it in the Post Star a few weeks ago and they came
up with a number of $1.3 million so I was glad to see that we are looking at a lower
figure although I have to say when we are talking about $976,000 we are more or less
talking about a million dollars so that is still a lot of money to spend on ball fields. You,
know this is a park that we already own it is not like we have to go out and buy the
property or anything. Again, I am fully, I support recreation in this town whole heartedly
I was a volunteer coach for many years with the Rec Department for Soccer and
Basketball when my kids were younger and I think we need to make investments of this
kind. Personally my concern is that I am not sure this is really the vision that I would like
to see for recreation in town. I personally would rather then seeing one or two or three
Cadillac type parks with very fancy ball fields and so forth I would rather see a net work
of multiple neighborhood parks that are within walking distance of the bulk of the
populations so kids can get there. They are not dependent on being chauffeured
constantly by their parents. I think that is important not only from an environmental
standpoint and addressing this woman’s concern about traffic and cars and so forth it
would be nice if we had parks spread around town so the kids could actually walk there.
It is good not only from a planning perspective but I think it is also good from a
psychological and developmental perspective to allow kids to go out and do things on
their own without being chauffeured by their parents and without necessarily being in a
highly structured supervised setting where they can learn how to interact with other kids
in an unsupervised setting, learn how to negotiate get together pickup games deal with
inter personnel problems as them come up without constantly having adults breathing
down their necks. I also think they would be more heavily used if kids got in the habit of
going outside the door and going out to play instead of being constantly dependent on
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
being driven to their recreational opportunities. So, yes, I am fully supportive of
recreational programs but I get a little concerned when we are talking about a million
dollars which it sounds like we are depleting about half of the towns reserve fund for this
one project. It sounds like a lot of money and I am just not sure that we want to throw
this amount of resource into this type of Cadillac type project. Also, recognizing that it is
only half of the project its you know you are only building three ball fields for a million
dollars. It seems like a huge amount of resources. Thanks.
Supervisor Stec-Doctor, I am not sure you are aware of this but I have been asked this
question or remarks similar to yours have been made by you and otherS in the past and it
has been awhile since I looked so my number might not be exactly right but within one or
two I think the last time I was in Steve’s office and I asked him to give me a list of all the
towns parks and recreational facilities and this does not include the two hundred acre
Queensbury School District Campus but just the Town owned or leased property I think
you and many others may be surprised to know and I will take this opportunities venue in
the spirit of what Mr. Rahill was suggesting for to try to inform our public. The Town
has twenty three parks and recreation facilities through out the town totaling of eight
hundred and fifty acres. I do not think a lot of people know that, I do not mean to pick on
you but certainly I think a lot of people probably be surprised to find that we have almost
two dozen of these parks that the Town maintains aside from anything else that may be
privately or done by the school district. Steve does that number sound right about twenty
three?
Director Lovering-Yes. I want to point out that, that number represents parcelS that
cannot be developed have no plans for being developed, green space, there are pieces of
property that are under the Commissions list.
Supervisor Stec-We certainly will not develop them all simultaneously we could not
afford to do that and I do not think the public would support that but over time that is
where we are.
Dr. Hoffman-That is great to hear, I would like to see on a map exactly where they are
and more detail on that.
Supervisor Stec-He has got a map in his office.
Director Lovering-I have a map in my office and many of them are identified on the web
site.
Supervisor Stec-Thank you Doctor.
Councilman Strough-I will add to what Mr. Hoffman you do not need to, you can sit
down, but more off road pedestrian and bicycle connections I would agree with. More
neighborhood parks would be nice and but in addition to that and I know what you said is
true it would be nice to have the unsupervised socialization aspect and that does go on not
everything is supervised and some parents maybe want it more supervised and others
less, but what I hear because I deal with teenagers all the time is a need for more soccer,
more Lacrosse, and more field hockey especially with the girls sports. Especially with
the girls lacrosse which is probably I think one of the fastest growing teenage sports in
the Country. What I think the Parks and Recreation Commission and Department are
trying to do here is get ready for this explosion that is here. It looks like it is going to be
even more forthcoming so I applaud them for that. The terrain here is kind of unique it is
very difficult but they are established here, so to create these fields is going to be fairly
expensive I will agree with you the expense bothered all of us up here. So, we talked to
the Commission and Steve Lovering at length very critically. For the most part the almost
million dollars does include making this geography so that the first three fields that go in
but it is also enabling the expansion to three more fields so that is one reason why it is so
expensive.
Councilman Sanford-Just one additional comment though, I do believe that Mark is
correct in that this is going to be a very highly structured recreational activity for leagues
and for organized recreation it is certainly not going to facilitate a neighborhood or
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
informal activities almost my definition and apparently the Rec Committee has
represented to us their belief that there is a demand and a need for that, but I do have an
appreciation for what he had to say about, there is not going to be a lot of informal
utilization of these things. I see them being utilized by bus loads or organized groups of
people in a league coming to utilize these fields. It is not going to be a bunch of kids
getting together and saying lets go do an activity that is not what I see happening here.
Director Lovering-If I could just point out I think primarily you are correct, that these
fields will be used in a structured organized way but I will also say that not all of them
are used that way because if you go over there and I will just give you an example many
times in the summer time there are kids over there playing on the softball field all day
long and I think you are going to find that if you develop these fields that now you are
giving them a place for kids to go and play after school pickup. The fields out there now
are not good and if you improve them I bet you will find that you will have more pickup
games and that goes for any of our parks too. Once you start to make some investments
and improvements you call attention to it you are going to get more kids going out there,
even though they play two nights a week with soccer I bet they will come over there to
play informally with friends after school as well.
Supervisor Stec-Thank you Steve, is there any other member of the public that would like
to comment? Yes, Sir.
Mr. Bob Lightfoote-9 Hillcrest Avenue I am on the Board of the Adirondack Soccer
Club. The soccer club is been in existence twenty years and we have played at
Jenkinsville for at least a dozen years. It is our home field. I think the, one thing that I
have found over the last few years with teams that come up to Jenkinsville is that they
feel that the fields are in very, very poor condition especially vs for example Town of
Moreau, Town of Wilton, etc they have beautiful pool table type fields for their kids. We
have an unimproved cow pasture. I think first of all this thing has been promised for at
least seven or eight years it has been in the budget for at least three, 2004. So, we waited
a long time. My own kids are grown and gone now, I coached twelve years on those
fields, six for the town Rec. Department, and six for the Adirondack Soccer Club. On
one hand we are happy to have a place to actually play on the other hand we are kind of
laughed at as Country Bumpkins for the fields that we use. I think you have to look at the
fact that yes we are spending money but you are also improving a town asset and making
it a much more valuable. So, in the long run it is just investing in what you already own,
so I think it is a good thing in that regard. Our older teams now have to play up in Lake
George at the Lake George Town Park in the one field that they have because our own
fields are just not adequate. I am sorry to have to say that but it is a problem so I really
hope that this long promised renovation of the fields takes place whether it is three or six
we would be happy to start with three. That is not a problem. The bathrooms are another
issues we have porta potties and especially if you have the girls teams up there it is kind
of a problem I think. When we go to other fields they have bathrooms, ours does not.
So, that is part of the nine hundred thousand I think is an important part as well. As far as
pickup games and things like that our club is much more structured than that and I think
for liability reasons the Town wouldn’t want just totally unsupervised stuff going on
there. So, I think you need to look at the fact that organized groups use the fields now and
will want to continue to use, not just us but the Lacrosse players and field hockey players
and you know whatever comes down the pike next I think as far as youth recreation. It is
an important asset and it should be improved. That is all I have to say, thank you.
Supervisor Stec-Thank you, Sir. Anybody else this evening? Mr. Rahill, again.
Go ahead Maam
Ms. Rita Hawkins-Rita Hawkins, 92 Master Common North I started the Adirondack
Girls Lacrosse League will Bill Wright and you know my daughter has been involved in
soccer programs for many years and there is just really is a tremendous need now being
involved in this league you really see when you are working with other programs like
soccer and what not that there is a tremendous need for quality fields. I agree that it is
definitely an improvement of what we already have and it improves the community and
the assets within the community. So, I think it is a worthwhile project to go forward
with. So, I just wanted to put my opinion in there.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-Thank you very much. Mr. Rahill
Mr. Bernard Rahill-I just like to mention that I, as I said before I have been very much in
favor of recreation in Queensbury every since I lived here. I would like to mention also
that perhaps when Dr. Hoffman spoke and I think he is in favor of recreation also, he said
so, you should be aware of the fact that I have written two articles on recreation in
Queensbury and one of the things that Dr. Hoffman is right on the mark is that children
need the opportunity to be out on their own and to ..their energies in parks. Those parks
should be open to them so that they can have free time and not structured all the time. I
am not knocking structured play, but I think it is very, very important psychologically
and physically for children to develop in an environment in which they have an
opportunity to use that and I have been a proponent to that for a long time. I will not talk
to that issue right now but if you would like to discuss it with me in the future I would be
more than happy to discuss it with you. Thank you very much gentlemen.
Supervisor Stec-Thank you Bernie. Is there anyone else that would like to address this
public hearing tonight? Mr. Brothers
Mr. Peter Brothers-I just wanted to add a few words regarding the proposal here. I
concur a lot with Dr. Hoffman was referring to earlier and just wanted to elaborate that a
million dollars is a lot of money a lot of taxpayers money. I think we need to be very
conscientious of the allocation of those kinds of funds. Now, at the same time I say that I
do agree that children should have a good place to be able to recreate. It seems to me that
this town in comparison with others and I do not want you to be on average with every
other town, lower standards but it just seems to me that you do have quite a few
recreation facilities already and there are going to be more facilities being built in the
Town of Fort Ann this is privately financed, private enterprise. I do not know all the
details but I think this ought to be taken into consideration as well. Now, that aside, this
next bit of information is unrelated to this specific hearing but it is related to an open
public hearing regarding the Comprehensive Land Use Plan that has been open for a
while now and I would like to comment on that a little bit. Regarding this proposed
changes in the comprehensive plan I would like to mention that I do think that we need to
see more emphasis on commercial development in the Town bringing things that may
draw people. Maybe go down to Saratoga for instance you might see a Barnes and
Nobles or Borders Books and Music something to that avail and other things that could
draw people also commercial property that they, the facility there the organizations they
create jobs it seems that we have gone too far in the direction of rubber stamping
apartments throughout the community involved everyone in here, I think I can safely say
including myself. I have lived in apartments it is how you get started but at the same
time we know the impact on the school system and I feel that this is part of a larger issue
when we are considering at the County level there is proposed thirty million dollar social
services building or that is at least the figure, I do not know if that is going to be figure at
that end, but that is the figure that has been talked about. When you are proposing more
of these apartments and in the community sometimes the situations that occur where
people in need you need to help out those individuals and that of course requires an
expansion of the social services department in the County. I think that is a serious
concern. Also, I have mentioned before and I will mention it again an elaborate that up
on the lake the waterfront specifically I feel that the development that is going on is not
in the lakes best interest long term. I was on Cleverdale, yesterday across from Mason
Road and I see two huge houses being built that are full scale build out if ever there was
such a thing. Since it is all septic up there you wonder where they are putting the leach
field and stuff is probably going to be running right into the lake because you do not have
to be an engineer to think where are they going to put this thing. This is also happening
on Assembly Point with a project on Lake Parkway that I have mentioned before. Now,
at the same time I have been very specific saying that I do not want to take away
somebody’s property rights the right to develop their property at the same time I think we
really need to take a serious look at this and with regard to the development concerns I
wish you would take this into consideration when you are evaluating this plan. Thank
you.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-Thank you. Is there any other public comment on this or any other
public hearing? All right any other Town Board comments?
Councilman Boor-The only thing Dan what was the change you made are we going to
amend that Whereas?
Supervisor Stec-That was in the eighth Whereas, bid subject right before the last comma
there, bid subject to Town Board approval. And I assume that if we move this that will be
with that amendment, who ever moves and seconds it.
Councilman Brewer-Where is that now?
Supervisor Stec-The second page, the fourth Whereas down on the second page, $976 for
the supplemental park, bids subject to Town Board approval, that reemphasis what our
intent and practices has been but it might make it more clear.
Councilman Sanford-You have to go to the Resolve too, Dan
Supervisor Stec-You are right, we should go to the Resolved
Councilman Sanford-The second one down from the top of the page do the same thing.
Supervisor Stec-That is a good idea. For the work described in the preambles of this
Resolution, bids subject to Town Board Approval. That is a good catch.
Councilman Boor-I move it as
Supervisor Stec-Let me close the public hearing first, any more takers before I close the
public hearing. All right I will close the public hearing and entertain a motion
authorizing the Capital Reserve Fund as amended.
RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64 AND INCREASE IN
CAPITAL PROJECT FUND #138 FOR IMPROVEMENTS AT
RIDGE/JENKINSVILLE PARK
RESOLUTION NO.: 99, 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 Hudson River Park Capital Project Fund #107, and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
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,
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
previously submitted to the Town Board, 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, bids
subject to Town Board Approval, 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, and
WHEREAS, in accordance with the CIP, the Town Board must conduct a public
hearing before approving any specific Capital Project or increase in any specific Capital
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Project listed on the CIP and the Town Board scheduled and duly held a public hearing on
th
Monday, February 26, 2007 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal
and expenditure for the supplemental Ridge/Jenkinsville Park Project is an expenditure
for a specific capital project and items of equipment for which the reserve account was
established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the supplemental
Ridge/Jenkinsville Park Project and authorizes additional expenditures in the amount of
$976,000 for the work described in the preambles of this Resolution, bids subject to Town
Board Approval, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs a transfer from
Capital Improvement Plan Reserve Fund #64 in the amount of $976,000 to fund such
supplemental Project, such funds to be placed into the Ridge/Jenkinsville Park Capital
Project Fund #138 and the Town Board further directs that in the event there are funds
remaining in such Capital Project Fund after completion of the Project or in the event that
the Project is not undertaken, the moneys in the Capital Project Fund shall be returned to
the Capital Reserve Fund, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Fiscal
Manager to take all action necessary to establish additional appropriations and estimated
revenues as necessary for Capital Project Fund #138 in the additional amount of
$976,000, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Fiscal Manager and/or Accountant
to take all action necessary to increase the following accounts for such appropriations and revenues as necessary:
?
Revenue Account No.: 138-0000-55031 (Interfund Revenue) – $976,000
?
Expense Account No.: 138-7110-4403 (Engineer/Surveyor) – $ 36,000
?
Expense Account No.: 138-7110-2899 (Capital Construction) - $940,000
and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Fiscal
Manager and/or Accountant to amend the 2007 Town Budget, make any adjustments,
budget amendments, transfers or prepare any documentation necessary to establish such
appropriations and estimated revenues and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in
accordance with the provisions of Town Law Article 7 and the Town Board hereby
authorizes and directs the Town Clerk to publish and post such notices and take such
other actions as may be required by law.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None
Discussion held during vote: Councilman Brewer voted yes with the proviso that I would
encourage the Rec Commission to advertise and solicit input from anybody that you
possibly can so that more people involved you will end up with a better project I think.
RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER
ASSOCIATES TO PROVIDE ARCHITECTURAL AND DESIGN
SERVICES CONCERNING ATHLETIC FIELD IMPROVEMENTS AT
THE
TOWN OF QUEENSBURY RIDGE/JENKINSVILLE PARK
RESOLUTION NO.: 100, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury Recreation Commission requested proposals
from landscape architecture firms to provide architectural and design services at the
Ridge/Jenkinsville Park site, and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
WHEREAS, proposals were received and reviewed by the Town Recreation
Commission and the Town’s Director of Parks and Recreation, and
WHEREAS, Miller Associates submitted a proposal in the amount of $29,900 and it
too was reviewed by the Town’s Recreation Commission and Director of Parks and
Recreation, and
WHEREAS, Miller Associates’ proposal was the lowest submitted bid proposal,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Miller Associates to perform all necessary architectural and design services
in order to complete the following at the Ridge/Jenkinsville Park:
6.creation of three (3) multi-use (soccer, lacrosse, field hockey, etc.,) irrigated,
athletic fields;
7.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.,);
8.construction of a paved access road and paved parking;
9.construction of walkways, fencing and landscaping; and
10.professional services for all of the above;
for an amount not to exceed the lump sum fee amount of $29,900 as recommended by the
Town Recreation Commission, and
BE IT FURTHER,
RESOLVED, that expenses for this project shall be paid for from the
Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110-
4403, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any necessary forms or agreements related to this project and further
authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town
Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 26 day of February, 2007, by the following vote:
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
Discussion held before vote: Supervisor Stec-You did put this out to bid and you did get
three bids and by a wide margin this is the low bid and you are recommending that to the
Town Board. In your $976 number that we hate to remind every contractor that will hear
this or read it in tomorrows newspaper but part of that was the professional service misc.
fifty five, this is that whole fifty five or are you anticipating more in addition to the
twenty nine nine? Director Lovering-The fifty five was an estimate on what it could be
for this. Supervisor Stec-So we are already under budget. Councilman Sanford-Could
you please take a minute and explain to me how you see the differential between the
twenty nine thousand nine hundred that Miller has proposed vs almost hundred and three
four ninety that another engineering firm came in with. That is a huge spread what is the
explanation. Director Lovering-I would attribute it to two things, 1. the other two firms
are very large firms and do projects all over the State and out of State, Miller Assoc. is a
small firm and 2. Miller Assoc. has already done a lot of the work that other firms would
have to catch up on so he is able to provide more of a discount for those kinds of things.
Councilman Sanford-I want to make sure all three bidders were of the same frame of
mind when they did bid on it in terms of what they were bidding on in terms of scope.
2.0CORRESPONDENCE
2.1Queensbury Resident Petition to The Queensbury Town Board
We, the undersigned citizens and residents of the town of Queensbury, respectfully, but
vehemently and intensely protest the manner in which the Town Board awarded the
town’s insurance coverage for 2007, not to the lowest bidder and a proven insurance
agency, but to the highest bidder and an unknown Long Island based agency. As citizens
of Queensbury, we are very concerned with the local taxes we are asked to pay and with
good representative government. This unexplained action on the part of the Board
ignores the principles of competitive bidding and most certainly is not in the best interests
of Queensbury citizens from a fiscal standpoint nor a representative one. Therefore, we
ask the Town Board, by this petition, to immediately: 1-Explain fully and publicly how
and why this seeming travesty of representative government has happened and 2-Rescind
and recast your vote for the lowest insurance bidder as required by law. (60 signatures)
3.0INTRODUCTION OF RESOLUTION FROM THE
FLOOR
NONE
4.0PRIVILEGE OF THE FLOOR
PRESENTATION HEALTHY HEART
Ms. Kathy Varney-Project Coordinator for the Warren Washington County Health Heart
Program – introduced Jody Brynes Director In 2004 the San Fransico Dept. of Health
created a healthy development measurement tool and it is used to create an environment
that protects and promotes health, with the Healthy Heart we are obviously interested in
that. This health impact assessment is comprised of twenty seven indicators and these
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
indicators are used so it becomes more accountable more evident based and more health
oriented for planning and policy making. John Strough’s Rush Pond pedestrian bicycle
plan incorporates four of those indicators. It preserves and protects the health of the
natural habitats, it decreases motor vehicle trips and miles traveled, it improves
accessibility, beauty, cleanliness of public spaces and it increases parks, open spaces and
recreational facilities. As the Town of Queensbury faces multiple and compelling
interests in land use development health considerations cannot be left off the scales. I am
confident that this board will move forward with the Rush Pond plan and adopt zoning
and polities that strike the right balance among social, economic and environmental
interest. I brought with me the University of Albany Dept. of Geography and Planning
have put together a model on planning and for bicycling and pedestrian and within that
guide they have a resolution for a town to adopt on bicycle and pedestrian policies which
is really a community infra-structure which includes having language in there for cyclist
and pedestrians. There is also a model zoning law for pedestrian facilities, regulations
which is really more comprehensive than just talking about sidewalks but talking about
cross walks accessibility and maintenance. There is a model zoning law for bicycle
parking so we are not just talking about having parking for cars but parking for bicycles
as well and multi families and commercial developments. A model for law for showers
and lockers in businesses for employees will have an opportunity to walk or bike to work
rather than just drive. Lastly information on paved shoulders and ADA guidelines.
(provided documents to the Town Board) Congratulated Councilman Strough and the
Board for working toward a healthier Queensbury.
Ms. Jody Brynes-It is our honor tonight to present John Strough with a Health Heart
program award congratulating and thanking him for his efforts in the Rush Pond
Pedestrian and Bicycle path. The Health Heart Program is a New York State Department
of Health grant funded program with two main goals. We are looking to enhance our
citizens physical activities and help them make better food choices. Recent research is
strongly stating that enhancing the physical environment is really one of the most
effective ways to get people moving. Why is it important to increase foot and peddle
activity, well obesity, diabetes, cancer, heart disease and pollution to name just a few.
We especially like to highlight that many provisions were made for different types of
activities and the people with handicapped accessibility were taken into account also.
John’s tireless efforts to see this path completion strongly represents our grants goals and
we would once again commend you for your dedication to this process. (presented award
to Councilman Strough)
Councilman Strough-Thank you very much.
Supervisor Stec-Anyone else this evening? Mr. Rahill
Mr. Bernard Rahill-37 Wincrest Dr. Questioned the presentation of Kyle York at the last
workshop meeting.
Councilman Sanford-I understand that Dan was going to pursue it with our Counsel
regarding CAC which was formed and in place but no one knew anything about.
Supervisor Stec-Noted he gave the information to Town Counsel for review.
Mr. Rahill-Spoke on the pool of PCB’s in the middle of the river which was not going to
affect anything, my sense was that had to be supervised very carefully. It has not been
looked at as carefully as it should have been in the past. There are lobbyists that don’t
want the cleaning up of PCB’s in certain areas because it affects their corporations
financially. These are very serious matters.
Councilman Boor-One things that struck me at that meeting was it almost appears that
yes, this area that is above our water treatment plant that has PCB’s in it has expanded
but I am guessing that the powers that be who ever the CAC group is are waiting for the
dewatering plant for the GE project to be established at which time they may give serious
consideration to removal of the PCB’s above our water treatment plant. I think the
dewatering is an expensive aspect of the process of cleaning the river and it maybe one of
the issues where they are just waiting for an opportunity to arise relative to where they
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
can put the spoils of a dredging project. This CAC is out there and we as elected officials
in the Town of Queensbury have no idea who they are and they have never come
forward. I am interested in doing a follow up on this.
Mr. Rahill-This is very important it is our Town.
Councilman Sanford-Given the presentation if I heard correctly Mr. York’s point was
that DEC and in this case Niagara Mohawk had an interest in going further and
addressing the issues but received a strong message from locals that there was a greater
interest not to move in that direction. We do not know enough about it to make a
judgment on what is really happening here, it is concerning that we do not know who the
players are.
Supervisor Stec-Anyone else who would like to address the Board?
Dr. Mark Hoffman-Fox Hollow Lane - Congratulated Councilman Strough on his award
tonight from the Health Heart program. Maybe we need to start planning for how we are
going to provide safe pedestrian, bicycle access to the Ridge /Jenkinsville Park.
Mrs. Jane Alexy-I am Jane Alexy from Overlook Drive Queensbury – What happens now
when you have heard the petition for the insurance for Queensbury?
Councilman Boor-We signed a contract.
Supervisor Stec-I can explain the legal realities are that, that petition is more political in
nature than it is legal. We have moved forward and entered into a contact and that is
done. I lot of this has been discussed in the past. Unlike other petitions nominating
petitions or certain other petitions involving regulations this is a petition just I assume
people are just communicating their opinion or their position to the Town Board, legally
is has no bearing on what has happened or what will happen.
Ms. Alexy-Just a few minutes ago you were talking about putting bids out and taking the
lowest bidder, you had bids with four insurance companies and instead of the lowest
bidder you took the highest bidder.
Supervisor Stec-No not the highest.
Ms. Alexy-I thought Long Island was seven thousand more than
Councilman Strough-A lot of times when people learn what actually happened and they
learn the facts they see gee I did not know that I wouldn’t have signed that petition had I
learned the facts.
Ms. Alexy-The only thing is we haven’t really heard the facts and this is why the petition
was circulated because in business people usually take the lowest bidder and they all bid
on the same things. I understand the Long Island Firm had extras in that, that Cool and
Hughes and TD Bank North didn’t have in their bids and yet you give it to Long Island.
Being a native of Glens Falls born and raised in this area, I believe that when we put out
bids we should try to buy locally. The Hyde’s that made their money here they made
their money in Glens Falls they didn’t make it in Saratoga, or Long Island or any other
place why can’t we stay in our own area. We have insurance companies here and it just
seems like you are going a little too far.
Councilman Strough-I have many insurance people who are local people call me up and
say listen if I knew this bidding process was going to be honest because it has not been in
over a decade they would have bid on it and they were local people, it has not been
honest at least that is what they told me. They said if this is honest in the future we will
bid on that and we will get their business. So, if you talk to some of the other local
insurance people they will give you a whole different version of the story then what you
probably have heard and been exposed it.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Ms. Alexy-I think it is sour grapes too, John because these people have been sitting on
the side lines all these years, thirty years and let Cool take the bid.
Councilman Strough-Go back and read 1995’s Post Star there as an editorial on the Cool
Insurance Agency and how things were not being done above board and how things were
not being done ethically, and how some local insurance companies were being cut out of
this. It is not sour grapes it has a long history, Jane.
Councilman Sanford-One of the compelling reasons was whether or not we had been
paying more than we should have in the past with Cool. Cool denies it and some people
on this Board support Cool on that saying it was a soft market that resulted in a twenty
five percent or seventy some odd thousand dollar reduction from 2005 and 2006 to the
renewal quote in 2007 when we went to bid with the RFP. I have maintained that, that is
not the truth. Recently I foiled from Warren County what they have been paying for
property and casualty and insurance and their premiums for 2005 to 2006 went up and
from 2006 to 2007 also went up 3 ½ percent. No reduction of twenty five percent no soft
market at Warren County. It raises some very interesting questions? Our consultant
made the statement that we were not served properly by Cool that they had been over
charging us and quite honestly I do not care to do business if that is the case and I believe
it to be the case. I am not sure representation that you and the other people that signed
that petition received but keep in mind, if someone is over charging the Town to the
extent of a hundred and fifty thousand dollars over the last two years, I am going to think
twice before I want to do business with them when for no really explainable reason they
come in with a twenty five percent reduction to become competitive. Warren County has
property and casualty insurance and the town Supervisor here who defends Cool he is
also a County Supervisor and I have sent to the local papers what I received in my foil
request and I can give you a copy of it, come up and get it when you are done, and you
can look at the numbers I want to know how you can reconcile the County going up in
premiums and the Town going down 25% when it is the same kind of business. It is for
property automobile and liability, it just doesn’t pass the test. The real issue here is not
as the papers have portrayed it, it is not about proper etiquetteand getting along and
being friendly and asking nicely to behave and everything else, this is about honest and
responsible government and special interest should not subordinate the fiduciary
responsibly that elected officials have to the taxpayers of Queensbury. I am proud of
how we handled this RFP and I have think we have beaten this horse to death. But, it
keeps coming back and when it comes back I am not just going to sit here and accept it I
have to speak up for the process which I believe was handled in a very above board and
appropriate manner.
Ms. Alexy-Well, if Cool was such a bad company why were they allowed to even bid on
the package then.
Councilman Sanford-We didn’t know,
Councilman Boor-We did not know who was bidding on it, that was what the consultant
determines. The information as somebody who perhaps signed this thing, I can only
wonder what you were told when you signed this. I think you were very much mislead,
you heard one side. I got to tell you I am in business for myself I am a contractor I have
contracted I have worked for contractors when I lose a job I don’t run a full page ad
bashing the person because they didn’t give me the job. I mean, it speaks for
professionalism it speaks to value for the Town and when you talk about apples and
oranges have you seen the coverage’s, have you seen our policies have you seen what is
in the Salarno coverage that wasn’t in the Cool coverage? Have you seen the analysis
that says that we were not properly insured for certain events, have you seen the language
that says we had incredibly high deductibles for minor events that we would have paid
under Cool that are now covered under Salarno? If you really take the time and read the
documents it is very straight forward not hard to understand. But, when somebody comes
to your door and they inflame you with all the rhetoric that I can only imagine what they
said, you do yourself a disservice when you come here and present without having the
facts. If I were you I really want to have both policies I would want to understand the
situation before I came out so strongly supportive of one side or the other. As just one
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Board Member we did a lot of reading and studying on everything that we got on this, we
pretty much understand what took place.
Ms. Alexy-I think the mistake was then that the Board did not come out and say
something because Cool had in their ad originally that came out on that Sunday I was
shocked when I read it, that you three gentlemen who accepted this bid as I understand it,
were requested to go before Cool and tell them what was wrong and nobody appeared.
That was in the ad
Councilman Boor-You have to understand, that was in the ad, you hit it on the head it
was an ad, it wasn’t facts, it was an ad, it was a paid for article
Ms. Alexy-They were defending their
Councilman Boor-It wasn’t a reporter that went out and studied it and printed fact it was
an ad. It was one side the side they wanted you to read.
Ms. Alexy-The Board sat there and didn’t say anything about it.
Councilman Boor-How can you make that statement? On what basis do you make that
statement?
Councilman Sanford-We have been talking about this for months, and we have been
saying the same thing time and time and time again. I have been saying it to the papers,
both papers and you know what, they do not want to print it. They all received a copy of
that foil that I just handed to you, which showed that there is no market softness in the
Warren County property and casualty insurance. I covered it with a letter sent it to the
Chronicle sent it to three different individuals at the Post Star and not a word was printed.
I have numerous conversations on this, they do not want to deal with this, you could ask
them why they do not want to deal with it.
Councilman Strough-And not only that if you look at the ad they said, there is a lot of
misinformation in that ad from Cool. One of them said that their home base was in
Queensbury, go to their Web site their home base is in Latham. But aside from that
remember the newspaper articles I referenced before I am going to give you more
specifics, anybody wants to check this out, this has got a long history here. This is an
nd
October 22 1997 Post Star headline, Champagne’s War Chest lined with Town Vendor
Money, vendors is like people bid out services like insurance, it goes on there is an article
th
on it, ok, this is January 6 1995 Post Star, headline, Insurer complains about bid process.
I will read the first line I will not read the whole article; one of the agents who bid for
Queensbury’s insurance contract is upset at what he sees as favoritism toward the agency
that has been selling the Town coverage for years and guess who that was. Guess who
bid on it and you know what they said, they bid on it and they said Cool was told their
bid so Cool underbid them. The article is right there.
Supervisor Stec-That was twelve years ago.
Councilman Strough-But, I am saying this has a long history.
Councilman Boor-It wasn’t like it just happened.
Councilman Brewer-Everything here…
Supervisor Stec-It wasn’t six weeks ago either that is my point.
th
Councilman Strough-January 8 1995 Post Star, here is the title Tight rules for buying
services, this is after a lot of this crap that has been noticed by the Post Star. Decisions
by local governments to spend thousand of your tax dollars on so called professional
services are open to influence by political connections, personnel friendships and
tradition. It is time that stopped. According the State Law professional services such as
insurance coverage and legal work aren’t subject to the same form of competitive bidding
process that covers major purchases and construction projects. This lack of competitive
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
bidding makes the hiring for professional services ripe for corruption. Under a section of
the State General Municipal Law governments are required by the State to write their
own procurement policies for purchases not covered by competitive bidding. That is one
thing we are working, we didn’t have a procurement policy but we are going to work on
one and we are going to put a stop to this.
Ms. Alexy-I understand the Long Island Firm has three or four things more..
Councilman Strough-They had the best coverage. We had three people to chose from.
Ok. Cool
Ms. Alexy-But don’t you specify when
Councilman Strough-Salarno and Hughes. Hughes did not make the coverage.
Ms. Alexy-Excuse me, but don’t you specify when you put out a bid what coverage you
want?
Councilman Strough-They don’t all come back with the same thing.
Ms. Alexy-Then they are not bidding on the same thing.
Councilman Boor-Because some, look it, there are different underwriters for different
companies, certain underwriters will have different deductibles, Hughes wasn’t allowed
to even bid on it in the final analysis because they could not have an underwriter write a
million dollar policy on sexual harassment and political, I forget what the phrase is.
Supervisor Stec- Public Officials.
Councilman Boor-Public Officials, they didn’t have an underwriter that could do it so
they dropped out of the bid process. Because they couldn’t do it.
Councilman Strough-And guess what only one company, one came in with the coverage
that we requested. Guess what company that was. Only one.
Supervisor Stec-That is not true John,
Councilman Boor-Yes, it is.
Councilman Strough-Yes, it is.
Supervisor Stec-No, it is not.
Councilman Strough-You had to make a phone call to Cool to get them to change that
policy.
Supervisor Stec-No, John, I did not make a phone call to Cool on that
Councilman Strough-You had Joan Watkins do it.
Supervisor Stec-No, no, no, John, the consultant made that phone call, the consultant.
Councilman Strough-Only one company had.
Supervisor Stec-We could have picked from any of those four, any of those four.
Councilman Boor-No
Supervisor Stec-There were four, we could have
Councilman Boor-No we couldn’t, Hughes dropped out.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Supervisor Stec-They didn’t drop out Roger.
Councilman Boor-They couldn’t do the million dollar coverage.
Supervisor Stec-It was up to us whether or not that was material or not, and I am not
saying we made the wrong decision but if we said you know what we really do want to
go here no one dropped out, all four of them were on the table the whole time.
Councilman Boor-Incorrect.
Councilman Brewer-Bank North dropped out.
Supervisor Stec-That is the truth.
Councilman Brewer-Guys we have been beating this thing to death for ever
Councilman Boor-Well, I didn’t know a petition was going to come after the fact.
Councilman Brewer-I didn’t either, Roger and
Councilman Boor-I would have brought my literature or I would have been better
prepared.
Supervisor Stec-Speaking for myself and I am going to venture a guess for Councilman
Brewer’s as well, we wanted to go with the low bidder and Cool was the low bidder,
period end of story. They also as an additional benefit happen to local and they happen to
be very familiar with us over thirty years. I understand that perhaps there were some
issue twelve years ago when I was probably still in the Navy but don’t misconstrue
anything that has been said tonight.
Councilman Sanford-Well, Dan, don’t you agree that they have been overcharging us and
there is no soft market? At this particular point in time do you acknowledge that?
Supervisor Stec-No.
Councilman Boor-Then what are you going to do at the County level?
Supervisor Stec-Let me restate what I said at our last meeting on this one, I thought we
had put this to bed but apparently somebody doesn’t have it out of their system yet. I
said
Councilman Boor-I did not bring this up.
Supervisor Stec-I did not point to you.
Councilman Boor-Well, he did not bring it up either.
Supervisor Stec-I did not point to him.
Councilman Boor-Who are you going to point at then, I am curious?
Supervisor Stec-Apparently sixty people are still concerned about it. The fact is, that at
the last meeting when we discussed this and we got the big thumbs up from the Post Star
the next day for singing kombi a was that I said perhaps it was a combination of two
things, the fact that yes it went out to bid and I thank Roger again for pointing out that I
had put the money in the budget for putting it out bid and that we had agreed to put it out
to bid, but perhaps the competitive market was partly to be credited and perhaps some of
it was the soft market theory and I didn’t assign whether it was ninety ten or ten or ninety
and I think you might remember I said, ninety ten or ten or ninety but the fact is and the
reason why I won’t flat out say it is not soft market, Richard is because the reporter called
three independent insurance organizations and they all told her the same thing that there
was something to be said about the soft market. Again, I am not going to say was it ten
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
percent of the reduction or ninety percent of the reduction but I definitely don’t think they
you can sit there with a straight face and say that none of it has to anything to do with soft
market.
Councilman Sanford-Well, the Warren County there was no soft market at all in Warren
County which you are a Supervisor and approved the budget. You went up in price not
down twenty five percent and twenty five percent of a County budget would have been
well over two hundred and fifty thousand dollars and if you believe that there is a twenty
five percent soft market you have an opportunity to save the County a quarter of a million
bucks. I do not see anybody doing that, and we just approved five fire company budgets
and three ems squad budgets and everyone of those didn’t see a reduction in their
property and casualty insurance. Tonight we had public hearings we talked about North
Queensbury we talked about Central and we talked about West and you list in the
schedule their insurance premiums and you know what they are the same or higher then
they were last year. Where is the soft market?
Councilman Brewer-Richard did you look at their policies? I do not want to get into a
big long discussion about it but did you look at them? Maybe this is a bad example to the
fire company’s budgets but if you look historically at their budgets they are always going
to say the same number or higher.
Councilman Boor-Right, thank you.
Councilman Brewer-I did not say what line Roger, pick a line.
Councilman Boor-I am picking the property and casualty line, it has never gone down.
Councilman Strough-Richard is the one that forced this RFP to happen, Dan put it in the
budget. …we saved sixty thousand dollars this year if we had done this two years ago we
would have saved you a hundred and twenty thousand.
Councilman Brewer-If, if you do not know, John.
Ms. Alexy-You cannot go by if’s and what if’s.
Councilman Strough-Their price dropped twenty five percent.
Councilman Brewer-It doesn’t matter John, if you put that out to bid tomorrow it goes
down thirty percent what difference does it make?
Councilman Strough-I trust that you are not that stupid.
Councilman Brewer-Let it go.
Supervisor Strough-It is not what it seems to be.
Ms. Alexy-I am also curious where did you get the Long Island Firm from?
Councilman Boor-The consultant is the one that sent the RFP’s out, we did not pick the
companies that these should go to.
Ms. Alexy-But, Long Island?
Councilman Boor-You want to get, don’t you want, as a taxpayer wouldn’t you prefer to
pay less in taxes? That is a pretty simple question.
Ms. Alexy-I would rather do business with a local firm that I could call up on the phone
and know the person at the other end.
Councilman Sanford-The Long Island Firm was sixty five thousand dollars less than what
we paid Cool last year. Sixty five thousand dollars less for enhanced coverage.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Councilman Brewer-We did not put it out to bid last year, we put it out to bid this year.
Councilman Sanford-That is my point, it is only because we put it out to bid that Cool
came around.
Councilman Strough-And three local firms told me they will bid on it next time if it is
honest.
Supervisor Stec-Ms. Alexy I trust that answers absolutely none of your questions this
evening. Is there anything else though?
Ms. Alexy-That is all.
Supervisor Stec-Thank you for your patience with us. Is there anyone else that would
like to address the Board?
Mr. Pliney Tucker-41 Division Road Re: Crandall Library Received figures from Mr.
Merrill of the Library Board Building proposal – 40,420,000 $340. a square foot
Queensbury’s share $23,919,110 for thirty years noted he got information on a library
for Queensbury at $200. square foot 40 thousand square feet an eight million dollar cost,
with interest ten million one thousand dollars… note the library has not gone out for the
bond year so we do not know the interest rate.
Councilman Boor-Noted an issue being problematic is we are never aware of who the
real card holders are and if they are alive. No audit that the Board can do or the Town
has not availed the process by which we can corroborate if in fact the percentage
Queensbury is paying is accurate or not. I believe Mr. Salvador is trying to seek that
information. Questioned if bonded if the percentiles fluctuate I am not sure how it works.
Councilman Sanford-Noted the revaluation that took place a few years back hurt us.
st
Mr. Tucker-At the present time we have 13,040 parcels as of June 1 ’06 we have 11,000
+ card holders, the assessor office estimates we will be up to 13,400 Stated under the
Public Education Law which covers libraries states that when a library becomes public all
the information that they have becomes public and the Freedom of Information Law
applies. John applied and their Attorney said no it didn’t. I would like to see the division
of Audit and Control get involved in this.
Mr. John Salvador-RE: Crandall Library noted the 23 parcels of vacant land that the
recreation commission has, 2 ½ acres on Sandy Bay would make a nice park. Noted the
Court has denied is request for evidence of each of the 13,211 card holders reported in
Queensbury are so situated. Will file an appeal. Recently received the 2006 circulation
report from Crandall Library there is a six year continuous decline in Queensbury Card
holders. Dec. reports card holders 13, 051. Cannot tell the cost of the library project no
30 year plan. With the data that Mr. Tucker has we can anticipate a 50% increase next
year on the Crandall Library tax. Questioned the use of the Warren Washington County
IDA, we went to the polls and approved the Glens Falls IDA. Need to have you
become involved.
Supervisor Stec-Anyone else this evening? Mr. Merrill
Mr. Richard Merrill-President of the Crandall Library Board of Trustees. The Library
Board if very transparent, The Library is an independent taxing district, made up of
Queensbury, Glens Falls and the Town of Moreau and accountable to all three. Our
records are there to be seen. Mr. Salvador has raised good questions, but there are
answers to all of those. Spoke on the bidding process and bonding. This is not the form
to bring up the Crandall Library District, those questions should be brought before the
Crandall Library Board. The total Library cost including soft cost is eighteen million
eight seven five thousand.
Councilman Boor-Is that for thirty years, I think that is what he was alluding to.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Mr. Merrill-That is not how you do comparisons. My role is to keep the project within
budget. The bonding cost is $12,785,000. it does not include interest, we have not sold
the bonds yet. Mr. Salvador filed a foil request for names and addresses of Queensbury
card holders, that information very clearly by law is protected.
Councilman Sanford-If you won’t disclose it to anybody how can you account for it?
Mr. Merrill-I rely on the records and I have confidence on how the records are kept.
Councilman Sanford-What if they are wrong is anybody going to know?
Mr. Merrill-We do factor in deaths, if your card is not used within a certain period of
time you drop out of the system.
Councilman Sanford-Asked that his daughter be removed from the active file …
Mr. Merrill-If you have concerns this is not the forum the proper forum is the Crandall
Library Board of Trustees.
Supervisor Stec-Anyone else this evening? Mr. Brothers
Mr. Peter Brothers-Encourage people to use the Healthy Heart facility. Re: Insurance
concurs with Mr. Sanford there was no softening on the insurance at the County. If we
where more fiscally responsible at the County level maybe we could reduce the increase.
Re: Library If the library is open and transparent I wonder why they were so resistant in
the last election to not allowing that information to be put forth before the voters.
Supervisor Stec-Asked for further input…none was heard
5.0TOWN BOARD DISCUSSIONS
Councilman Boor- 1. Meeting with Dave Decker Thursday on the progress of the
Wastewater Management District for the Rockhurst Area 2. Glen Lake Association
would like to create a taxing district for the purposes of water quality and improvements
Councilman Sanford-Nothing
Councilman Strough- 1. Discussion at County Level raising the sales tax 1% asked if
you would like support in opposition to that from the Board. Supervisor Stec-Noted it is
a complicated issue and he did not know what the right answer is yet there is a lot of
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study to be done. 2. Feb. 9 2007 Mr. Navitsky letter from Post Star thanks to Chris
Navitsky and Roger Boor we do get people to do things. 3. March 2007 cable contract
is due, it is time to negotiate would like to have other communities work on this, hire a
consultant to help in negotiations. Need to sit down with the Public Service Commission
again. 4. Reviewed the Queensbury Senior Citizens newsletter 5. thanked Dave Wick
from Warren County Soil and Water Conservation Dist. for coming up with new plans
for a new berm for the bike trail 5. Want to look at other opportunities to bring into the
Town of Queensbury regarding TV service to make it more competitive. 6. Other
communities have invited in Luther Forest people to talk about impacts, requested that
the Town invite them to speak to this Board 7. Thanked the Warren and Washington
Healthy Heart program for the award..
Councilman Brewer-Job well done by the Highway Dept. last week with the storm.
Supervisor Stec-Thanked TV8 and the Glens Falls National Bank for televising the
Board Meetings. The Town of Queensbury web site is www.queensbury.net Bob
Keenan and Ryan Lashway in our IT Dept. do a great job with the Web site. Spoke on
the County budget and proposed increase in sales tax, cutting expenses is always job
one, we need to look at what is the impact to people if we raise sales tax vs raising a
property tax. In the sales tax what percentage of sales tax is generated from people that
do not live in the County, if you can reduce the load by putting it to people that don’t live
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
in the County by up to a third that is an important variable? It is an important issue. The
County does face unfunded State mandates; one of Governor Spitzer’s top priorities is his
desire to removed the unfunded mandates. I have the honor and privilege of making the
motion at the Association of Towns was to go ahead and push the State again calling for
the State to review unfunded State mandates. Noted meeting last week with
Congresswoman Gillibrand and four other Supervisors they were collecting the wish list
from the County as far as funding priorities and issues in the County that she can assist us
in. Noted the County did not see any federal aid for the storms that did the damage in
Bolton in 2005, that was three million dollars that the County paid out with no
reimbursement from the State or Federal Government, Congresswoman Gillibrand noted
she would work on that. Re: Comprehensive Land Use Plan we decided in a workshop
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we intend to have the public hearing resume and conclude on the next March 5. No
action on it, there will be a new public hearing based on the Board’s revisions. The
Comprehensive Land Use Committee is working on the Zoning Code update.
6.0 RESOLUTIONS
RESOLUTION AMENDING RESOLUTION NO.: 72,2007
REGARDING APPROVAL OF YEAR 2007 EMERGENCY
AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. – REVISE
AMBULANCE PURCHASE PRICE
RESOLUTION NO.: 101, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 72,2007 the Queensbury Town Board approved
the Emergency Ambulance Services Agreement between the Town of Queensbury and the
Bay Ridge Rescue Squad, Inc., and
WHEREAS, such Resolution also authorized the Squad’s purchase of a 2007
ambulance for an approximate net purchase price not to exceed “$130,000” but the
“$140,000,”
Resolution should have stated not to exceed and
WHEREAS, the Town Board wishes to amend Resolution No.: 72,2007
accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.:
72,2007 such that the Bay Ridge Rescue Squad Inc.’s purchase of a 2007 ambulance shall
be for an approximate net purchase price not to exceed “$140,000,” and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.:
72,2007 in all other respects.
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Duly adopted this 26 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 AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND GOVERNMENT PAYMENT SERVICE, INC.
REGARDING USE OF CREDIT OR DEBIT CARDS FOR PAYMENT
OF FINES AT QUEENSBURY TOWN COURT
RESOLUTION NO.: 102, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board is considering entering into an agreement
with a financing agency or credit card issuer to allow payment of fines owed to the Town
Court by credit or debit card, and
WHEREAS, the Queensbury Town Justices wish to enter into such an agreement,
and
WHEREAS, Government Payment Service, Inc. (GPS) has developed a service for
the purpose of processing payments by credit or debit card for fines, charges, surcharges and
fees and has submitted a proposed Agreement to the Town whereby GPS would process
payment of fines owed to the Town made by credit or debit card, and
WHEREAS, Town Counsel has reviewed the proposed Agreement and has
determined that such Agreement is in accordance with the Town’s internal procurement
policies and procedures, and
WHEREAS, the Town Board believes it to be in the public interest to authorize such
Agreement substantially in the form presented at this meeting,
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
Agreement Number NY012507TWNOFQUEENSBURY01 between the Town of
Queensbury and Government Payment Service, Inc., providing for the payment of fines,
charges, surcharges and fees owed to the Town Court substantially in the form presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that any underlying debt or obligation to the Town is not discharged
or satisfied until the Town actually receives the funds, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the Agreement and authorizes and directs the Town Supervisor, Town
Fiscal Manager, Town Court personnel and/or Town Counsel to take such other and further
action necessary to effectuate the terms of this Resolution.
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Duly adopted this 26 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 HEARING ON LAKE GEORGE
CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER
REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053
STATE ROUTE 9
RESOLUTION NO.: 103, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Lake George Campsites, LLC has applied to the Town Board for a
§
variance/waiver from Town Code 136-44 for an extension of the Town’s connection
requirements to connect its property located at 1053 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that it requires more time to
develop and finalize the sewer connection plans and the existing on-site sewage disposal
system consisting of a sewer network and traditional septic tank and leach field pose no
known problems, as more fully set forth in the Applicant’s application presented at this
meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday,
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March 5, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Lake George Campsite, LLC’s sewer connection variance/waiver
application concerning its property located at 1053 State Route 9, Queensbury (Tax Map
No.: 295.12-1-6), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town
Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by
law.
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Duly adopted this 26 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 CYSTIC FIBROSIS FOUNDATION
“GREAT STRIDES” WALK-A-THON
RESOLUTION NO. 104, 2007
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Cystic Fibrosis Foundation has requested permission to conduct its
“Great Strides” walk to cure cystic fibrosis as follows:
SPONSOR
: Cystic Fibrosis Foundation
EVENT
: GREAT STRIDES WALK
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DATE
: Saturday, May 19, 2007
TIME
: Approximately 9:00 a.m. – 12:00 noon
PLACE
: Beginning and ending at West Mountain (Letter
regarding
location of walk attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of
proof of insurance from the Cystic Fibrosis Foundation to conduct its Great Strides walk
within the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval
by the Town Highway Superintendent which approval may be revoked due to concern for
road conditions at any time up to the date and time of the event, and
BE IT FURTHER,
RESOLVED, that this event shall also be subject to the approval of the Warren
County Superintendent of Public Works.
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Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
41
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR NORTHEAST REALTY
DEVELOPMENT/KEVIN QUINN/NAOMI POLITO
RESOLUTION NO.: 105, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast
Realty) has submitted an application to the Queensbury Town Board for a Transient
Merchant/Transient Merchant Market License to conduct a transient merchant market from
thth
June 5 through June 10, 2007 in the parking lot at 1652 State Route 9, Queensbury in
accordance with the provisions of Town Code Chapter 160, and
WHEREAS, the application is identical to applications submitted by the
applicant in previous years and since the Queensbury Planning Board
conducted site plan review of the prior applications, it is not necessary to
again refer the application to the Planning Board for site plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury
Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient
Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to
conduct a transient merchant market in the parking lot located at 1652 State Route 9,
Queensbury, subject to the following:
1. Northeast Realty must pay all fees as required by Town Code Chapter 160;
2. Northeast Realty must submit a bond in the amount of $10,000 as required by
Chapter 160;
3. Northeast Realty must submit proof of authorization to do business in New York
and authorization of agent to receive service of summons or other legal process
in New York;
thth
4. The License shall be valid only from June 5 through June 10, 2007 from 9:00
a.m. to 9:00 p.m. and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
6. Northeast Realty must comply with all regulations specified in Town Code
§160-8.
And be it further
RESOLVED, that Code Enforcement Personnel are directed to rigorously enforce
the terms of the Site Plan and the Executive Director of Community Development is
directed to send a copy of this resolution to the Warren County Sheriff and to contact the
Warren County Sheriff to request that he also enforce off road parking issues on Route 9
and all through the community.
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Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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Discussion held before vote: Councilman Strough-Craig Brown, Feb. 8 Memo, this is not
the only owners of the property, question on dimensions of the property lines, and on site
parking on Route 9 is a health safety and welfare concern that should be addressed. Director
Alter-Noted that the dimension of the property changed when road work was done they used
the fill material to firm up the back of the property that area is not subject to parking…I
mentioned to Mr. Quinn to have an as built but I do not know if it is fair to hold up
something for an as built when it is basically the same as it was before. I told him if he
deviated from the site plan that had been approved before he would have to come back. I
will send out Bruce to check on that. Re: Parking on Route 9 we will have to make sure that
he doesn’t do it, people will be out there telling people to move along, whether it is his staff
or we can ticket them that is the other choice. I do not think it is people who are coming to
his property and then parking on the street, it is people who chose to not do the right thing?
Councilman Brewer-How can he have any control over people parking on the road? That
could be anybody. Councilman Strough-Mr. Miller had this problem, he got a bus system
going. Councilman Boor-This is Americade a multi day period where people pull off for
five minutes and then leave. They don’t buy a ticket to get in. This is a State Highway.
Councilman Sanford-If my approving this license we are facilitating a traffic problem when
I was on the Planning Board we would deal with that and address that and whether or not is
was appropriate for us to grant such a merchant license. Councilman Brewer-We are
granting a license to peddle on his own property, how can we make him responsible for
Route 9? Councilman Boor-Noted this is not all in the Town of Queensbury. Americade by
its very nature is problematic. Councilman Strough-I do not want to deny him the right to
have all the people and all the business that he can get during Americade but I also do not
want to jeopardize public safety. Councilman Boor-I agree but the question is public safety
is going to be an issue whether we grant the thing or not. Board agreed to add to the
resolution the following: RESOLVED, that Code Enforcement Personnel are directed to
rigorously enforce the terms of the Site Plan and the Executive Director of Community
Development is directed to send a copy of this resolution to the Warren County Sheriff and
to contact the Warren County Sheriff to request that he also enforce off road parking issues
on Route 9 and all through the community. Councilman Boor and Brewer agreed to the
amendment.
RESOLUTION TO AMEND 2006 BUDGET
RESOLUTION NO.: 106, 2007
43
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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:
032-1680-2031 032-8110-4210 90.
(Computer Hardware) (Admin. Computer Billing)
032-8120-4520 032-9040-8040 4,520.
(Odor Control) (Workers Comp. Insurance)
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Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2007 BUDGET
RESOLUTION NO.: 107, 2007
INTRODUCED BY: Mr. Tim Brewer
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
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
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
2007 Town Budget as follows:
FROM: TO: $ AMOUNT:
001-3410-4090 001-3410-2010 299.
(Training, Etc.) (Office Equip.)
001-1410-4400 001-1410-2001 495.
(Misc. Contractual) (Equipment)
001-1990-4400 001-3989-4400 3,000.
(Contingency) (Public Safety-Misc. Contr.)
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Duly adopted this 26 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- Announced that the town is purchasing
defibrillatorsfor the Recreation Dept., Highway Dept., Town Office.
RESOLUTION AUTHORIZING SALE OF AND ACCEPTING BID
FOR SALE OF OBSOLETE DUMP TRUCK IN SOLID WASTE
DEPARTMENT
RESOLUTION NO.: 108, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
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 Landfill Equipment Operator declared a 1994 Ford – One-
Ton Dump Truck in the Solid Waste Department as surplus, advised Town Departments of
the surplus truck, did not receive any requests from the Departments for the truck, and
therefore requested Town Board authorization to sell the truck by advertising in the official
Town newspaper, and
WHEREAS, the Town’s Purchasing Agent published an advertisement for bids to
sell the surplus truck in the official newspaper for the Town of Queensbury and seven (7)
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
bid proposals were received, opened and reviewed by the Town’s Purchasing Agent and
Landfill Equipment Operator, and
WHEREAS, Henry Manney of Glens Falls, New York submitted the highest bid for
the purchase of the truck, and
WHEREAS, the Town’s Purchasing Agent and Landfill Equipment Operator have
recommended that the Town Board accept the bid of Mr. Manney,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the sale of the
1994 Ford – One-Ton Dump Truck in the Solid Waste Department that is no longer needed
by the Town or is worn-out or obsolete, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby accepts the high bid of
$2,500 for the sale of such truck in the amount of $2,500 with funds received for the sale to
be deposited into the proper Town Account(s), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor,
Landfill Equipment Operator, Purchasing Agent, Town Fiscal Manager and/or Accountant
to take any and all action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES : None
ABSENT: None
ORDER SETTING PUBLIC HEARING FOR PROPOSED
EXTENSION NO. 9 TO CENTRAL QUEENSBURY QUAKER ROAD
SEWER DISTRICT FOR JOHN W. DREPS BAY ROAD
SUBDIVISION
RESOLUTION NO. 109, 2007
46
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as
Central Queensbury Quaker Road Sewer District Extension No. 9, and
WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E.,
Consulting Engineer, an engineer licensed by the State of New York, regarding the
proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision
containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on
the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1-
16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in
the Map, Plan and Report (hereinafter the “Sewer District Extension”), and
WHEREAS, the Town Board accepts such Map, Plan and Report as the Map, Plan
and Report for the proposed Sewer District Extension and such Map, Plan and Report has
been filed in the Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
Sewer District Extension, a general plan of the proposed sewer system, a report of the
proposed sewer system and method of operation, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District
Extension in accordance with Town Law Article 12A and consolidate the Sewer District
Extension with the Central Queensbury Quaker Road Sewer District in accordance with
Town Law §206-a, and
WHEREAS, Part I of an Environmental Assessment Form has been prepared and
presented at this meeting and a coordinated SEQRA review is desired,
NOW, THEREFORE, IT IS
ORDERED:
1. The Town Board shall hold a public hearing to consider establishment of the
previously described proposed Sewer District Extension to the Central Queensbury Quaker
Road Sewer District to be known as Central Queensbury Quaker Road Sewer District
Extension No. 9.
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
2.The boundaries of the proposed Sewer District Extension and benefited areas
of the Central Queensbury Quaker Road Sewer District are as set forth in the Map, Plan and
Report previously described in this Order and as follows:
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly
bounded and described as follows: BEGINNING at a point in the easterly side of
Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream
Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes
and 12 seconds East, a distance of 161.63 feet; continuing along Bay Road, North 05
degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest
corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands
southeasterly along a curve to the left having a radius of 25.00 feet a distance of
39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along
the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve
to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running
along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence
continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47
minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a
corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South
06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the
northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running
along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of
287.70 feet to the northwest corner thereof; thence running along said the westerly
line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91
feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.;
thence running along the northerly bounds thereof, North 84 degrees, 06 minutes
and 27 seconds West, a distance of 284.03 feet to the point and place of beginning,
containing 6.37 acres of lands to be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
SUBJECT also to an easement of ingress and egress over the southwesterly
corner of said property as described in an easement granted by Roger W. Brassel to
Stewarts Ice Cream Company, Inc. recorded in book 1115 of deeds at page 24.
3. The proposed Sewer District Extension has been accomplished by
installation of three manholes and 785 LF of 8” PVC gravity sewer main connecting to a
point of service at existing MH #4-22B. Individual service lateral stubs to each property in
the John W. Dreps Bay Road Subdivision have been installed for connection as the
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REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
properties develop. These collection sewers will become the responsibility of the Town of
Queensbury Wastewater Department and are included in the proposed District facilities.
Based upon the NYS DEC standard wastewater generation rate of 0.10 gallons per day
(gpd) per square foot of office building floor space and assuming 7,000 sf per lot for each of
the 5 lots, the proposed Sewer District Extension will produce a projected wastewater flow
of 3,500 gpd. The existing downstream, receiving sewers consist of an 8” gravity sewer
stub located on the east side of Bay Road just north of the entrance to Stewarts and
continues south on Bay Road to Cronin Road. All wastewater generated within the District
is collected and flows to the primary sewage pumping station on Meadowbrook Road. It is
then pumped through a 12” diameter force main (westerly of Quaker Road and then south
on Bay Road) to Sanford Street in the City of Glens Falls where it discharges to the City
sewer system. The Town’s Wastewater Director has indicated that the Town collection
system receiving the flows of this proposed Sewer District Extension has adequate capacity
to transport the expected flows to the City of Glens Falls Wastewater Treatment Facility
which ultimately provides treatment for the Town of Queensbury wastewater and the
proposed flow fits within capacity limits the Town has already contacted for from the City
of Glens Falls. All such Sewer District Extension improvements are more specifically
delineated in the Map, Plan and Report. The cost shall include a buy-in to the City of Glens
Falls Wastewater Treatment Plant in the amount of $3,500 ($1 per gallon fee x 3,500 gpd)
due at the time of initial hook-up.
4. All costs of construction, legal and engineering fees shall be the
responsibility of the developer, John W. Dreps and are not intended to be shared by other
users within the Sewer District in accordance with a formula delineated in the Map, Plan
and Report. The improvements shall be constructed and installed in full accordance with the
Town of Queensbury's specifications, ordinances or local laws, any State laws or
regulations, in accordance with approved plans and specifications and under competent
engineering supervision.
5. The maximum cost for the Sewer District Extension improvements will be
$59,273. The areas or properties that comprise the Extension will be subject to the same
cost for operation, maintenance and capital improvements as in the Central Queensbury
Quaker Road Sewer District.
6. The estimated cost of hook-up fees to the typical property will be $3,000 to
$5,000. The estimated annual cost of the Sewer District Extension to the properties will be
$61.49 for a vacant lot and $122.98 for a developed lot plus approximately $994.64 for
sewer rents for a total estimated annual cost of $1,056.13 for a vacant lot and $1,117.62 for a
developed lot. Since there are none, the estimated annual cost for a one or two family home
would be $0 for debt service and approximately $0 per year for sewer rents for a total
estimated annual cost of $0. There are no one or two family homes in the Sewer District
49
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
Extension, so their hook-up cost would be $0.00. The proposed Sewer District Extension
contains commercial class property; there is no residential property.
7. In accordance with Town Law §206-a, all future expenses of the Central
Queensbury Quaker Road Sewer District, including all extensions included heretofore or
hereafter established, shall be a charge against the entire area of the district as extended.
8. The Map, Plan and Report describing the improvements, area involved and a
detailed explanation of hook-up fees and cost of the District to the typical property, and, if
different, the typical one or two family home, is on file with the Queensbury Town Clerk
and is available for public inspection.
9. The Town Board shall meet and hold a public hearing at the Queensbury
th
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, March 19, 2007 to
consider the Map, Plan and Report, hear all persons interested in the proposal and take such
other and further action as may be required or authorized by law.
10. The Town Board hereby authorizes and directs the Queensbury Town Clerk
to duly publish and post this Order not less than ten (10) days nor more than twenty (20)
days before the public hearing date, as required by Town Law §209-d, and complete or
arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits
of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this
Order with the State Comptroller on or about the date of publication.
12. The Town Board hereby authorizes and directs the Town of Queensbury
Executive Director of Community Development to prepare a report on any environmental
impacts that should be considered at the time a SEQRA review is conducted.
13. The Town Board further authorizes and directs the Executive Director of
Community Development to send a copy of this Resolution, Part I of the Environmental
Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all
potentially involved agencies and to the New York State Department of Environmental
Conservation and New York State Department of Health together with all documentation to
be sent out with a letter indicating that the Town Board is about to undertake consideration
of the project identified in this Resolution, that a coordinated SEQRA review with the
Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed
upon within 30 days.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
50
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING SUBMISSION OF HOME
APPLICATION TO NEW YORK STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL AND AUTHORIZING HOUSING
REVOLVING LOAN FUND
RESOLUTION NO.: 110, 2007
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
WHEREAS, by Resolution No.: 528,2003, the Queensbury Town Board
authorized submission of the Town of Queensbury’s Affordable Housing
Strategy to the New York State Governor’s Office for Small Cities, and
WHEREAS, the New York State Division of Housing and Community Renewal
(DHCR) has been designated to administer the HOME Program, a federal program
funded by the Federal National Affordable Housing Act of 1990, and
WHEREAS, DHCR has established a submission date of March 22, 2007 for
accepting applications under the HOME Program, and
WHEREAS, the Town of Queensbury has reviewed its housing needs and has
developed a program to meet those needs, and
WHEREAS, the HOME application process requires that the governing body of
the applicant authorize the submission of the application and related actions,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Community Development Department staff to prepare an application to the New York
State Division of Housing and Community Renewal (DHCR) HOME Program, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Supervisor to submit such application to the New York State Division of Housing
51
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
and Community Renewal (DHCR) and act in connection with the submission of the
application, including execution of all required certifications and forms and provision of
additional information as may be required, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the commitment
of $50,000 for the housing revolving loan fund as outlined in the HOME application to be
taken from HUD Program Income (B-93-DH-36-0292) and the commitment of up to
$35,000 through in-kind services and/or cash, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Community Development Department and Town Fiscal Manager to take such
other and further action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 26 day of February, 2007 by the following vote:
AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
Discussion held before vote: Councilman Brewer-Noted he is very fond of this program
questioned why do we want to change? Ms. Alter-Because right now I am running over
budget wise in my consultant line. Noted there are some problems, we had a lengthy
discussion with our Building Dept. and everyone who gets a grant should be getting a
building permit to be sure that the appropriate personnel from this town makes sure what is
being built is compliant. I do not think we should be relying on consultants for that.
Councilman Brewer-Noted he did not have a problem with the Building Dept. inspecting.
Ms. Alter-I want to limit the role of the Consultant, they should not be duplicating things
that we are doing in house like the inspections. This is something that we can do to save
money. Councilman Brewer-Spoke on the success of obtaining grants in the past, my only
concern is there are Federal and State regulations that they are more at ease with than we
are, I do not know if we are up to speed on. I want this program to continue to be
successful. I was under the impression that the fees that they charge were paid for by the
grant. Ms. Alter-Not totally. Councilman Sanford-Approximately 15% to administrate the
program seems high. Supervisor Stec-We can make the money go farther driving hammers
and nails and less overhead if we can pull it off, the risk is if we are wrong we might not get
the grant. Councilman Sanford-We are also looking to help assist with the Town financing
at low or no interest loans which in terms of the agencies that grant these award would
probably view that in a very favorable sense because we are looking to bring over fifty
thousand dollars to assist and people who evaluate the applications would probably see that
as an enhancement. Supervisor Stec-This is a credit to Stu and Marilyn when she was here
informing the Board that we could put the loan component into our application. Ours is a lot
more competitive because we are using our own funds.
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF FEBRUARY 26, 2007
52
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
RESOLUTION NO.: 111, 2007
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
nd
presented as the Warrant with a run date of February 22, 2007 and a payment date of
th
February 27, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
ndth
run date of February 22, 2007 and payment date of February 27, 2007 totaling
$1,030,597.80, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town 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 26 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 FIREWORKS DISPLAY AT WEST
RD
MOUNTAIN SKI CENTER ON MARCH 3, 2007
RESOLUTION NO.: 112, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Alonzo Fireworks Display, Inc., on behalf of West Enterprises, has
requested permission to conduct a fireworks display as follows:
SPONSOR: West Enterprises
PLACE: West Mountain Ski Center
rd
DATE: Saturday, March 3, 2007
53
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
TIME: 7:00 p.m. (approx.)
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
§
Town Clerk, in accordance with New York State Penal Law 405, to issue a fireworks
permit to Alonzo Fireworks Display, Inc., on behalf of West Enterprises, subject to the
following conditions:
1.An application for permit be filed which sets forth:
A. The name of the body sponsoring the display and the names of the
persons actually to be in charge of the firing of the display.
B. The date and time of day at which the display is to be held.
C. The exact location planned for the display.
D. The age, experience and physical characteristics of the persons who are
to do the actual discharging of the fireworks.
E. The number and kind of fireworks to be discharged.
F. The manner and place of storage of such fireworks prior to the display.
G. A diagram of the grounds on which the display is to be held showing the
point at which the fireworks are to be discharged, the location of all
buildings, highways, and other lines of communication, the lines behind
which the audience will be restrained and the location of all nearby trees,
telegraph or telephone lines or other overhead obstructions.
2. Proof of insurance be received which demonstrates insurance coverage through
an insurance company licensed in the State of New York, and that the Town of
Queensbury is named as an additional insured and that the insurance coverage
contain a hold harmless clause which shall protect the Town of Queensbury;
3. Inspections and approval must be made by the Queensbury Fire Marshal and the
The Sponsor
Chief of the West Glens Falls Volunteer Fire Company, Inc.
and/or entity performing the fireworks display shall finalize all
display arrangements in a way and timeframe to ensure that all
Fire Marshal and Fire Chief inspections can be conducted during
54
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
normal business hours only so that all such inspections can be
completed during daylight hours.
3. Clean-up of the area must be completed by 10:00 a.m., the following day, and all
debris must be cleaned up including all unexploded shells, and
BE IT FURTHER,
RESOLVED, that the permit or letter of authorization by the Town Clerk shall, in
accordance with New York State Penal Law §405, provide:
the actual point at which the fireworks are to be fired shall be at least two
hundred feet from the nearest permanent building, public highway or
railroad or other means of travel and at least fifty feet from the nearest above
ground telephone or telegraph line, tree or other overhead obstruction, that
the audience at such display shall be restrained behind lines at least one
hundred and fifty feet from the point at which the fireworks are discharged
and only persons in active charge of the display shall be allowed inside these
lines, that all fireworks that fire a projectile shall be so set up that the
projectile will go into the air as nearby (nearly) as possible in a vertical
direction, unless such fireworks are to be fired from the shore of a lake or
other large body of water, when they may be directed in such manner that
the falling residue from the deflagration will fall into such lake or body of
water, that any fireworks that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the particular type of
fireworks remaining, that no fireworks display shall be held during any wind
storm in which the wind reaches a velocity of more than thirty miles per
hour, that all the persons in actual charge of firing the fireworks shall be over
the age of eighteen years, competent and physically fit for the task, that there
shall be at least two such operators constantly on duty during the discharge
and that at least two soda-acid or other approved type fire extinguisher of at
least two and one-half gallons capacity each shall be kept at as widely
separated points as possible within the actual area of the display.
th
Duly adopted this 26 day of February, 2007, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT: None
RESOLUTION CALLING FOR AN EXECUTIVE SESSION
55
REGULAR TOWN BOARD MEETING 02-26-2007 MTG. #7
RESOLUTION NO. 113.2007
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Town Board of the Town of Queensbury hereby moves into an
Executive Session to discuss a personnel issue.
th
Duly adopted this 26 day of February, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION ADJOURNING THE EXECUTIVE SESSION
RESOLUTION NO. 114.2007
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Executive Session.
th
Duly adopted this 26 day of February, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
NO ACTION TAKEN DURING EXECUTIVE SESSION
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 115.2007
INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its Town
Board Meeting.
th
Duly adopted this 26 day of February, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury