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2000-03-06 REGULAR TOWN BOARD MEETING MARCH 6, 2000 7:02 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS COMPTROLLER, HENRY HESS EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, CHRIS ROUND HIGHWAY SUPERINTENDENT, RICK MISSIT A DEPUTY HIGHWAY SUPERINTENDENT, MIKE TRAVIS WATER SUPERINTENDENT, RALPH VAN DUSEN DEPUTY DIRECTOR OF W ASTEW ATER, MIKE SHAW PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JAMES MARTIN SUPERVISOR BROWER-Called meeting to order. PUBLIC HEARINGS SHORE COLONY WATER DISTRICT OPENED 7:03 P.M. NOTICE SHOWN WATER SUPERINTENDENT, RALPH VAN DUSEN-Shore Colony is a special district up on Assembly Point in Lake George. It serves approximately forty-three seasonal residents there from May 1st, to November 1st. The treatment for the twenty-eight years that I've been with the Town has been literally take the water from the lake add chlorine and pump it to the customers that's going to be changing and you'll be hearing more about that at future meetings. The Surface Water Treatment Rule has mandated that we filter that now. The reason we're here tonight as a special district relatively small district there are two sources of revenue for that district. One is an ad valorem tax and the other is a user fee. Traditionally we've attempted over the years to make the revenue that is received from an ad valorem tax cover the capital expenses any indebtedness or capital improvements that are done to the water district and the user fees would pay an operational and maintenance expenses. Shore Colony just like the Queensbury District that doesn't exactly happen and in fact the reality is the ad valorem tax was paying for a major share of the operational expense of that district. The water rates in 1983 were increased at that point to sixty-nine dollars for a six month period that was the total revenue that was generated towards 0 & M. When the year two thousand budget was put in there was a shift to take us back toward less money coming in in ad valorem tax meaning to go toward capital which would necessitate an increase in the 0 & M rate the water user fees that would be paid May 1st. The total revenue for the district is actually a tiny bit less this year than last year. The total revenue is almost flat, however, the tax rate because it went from a dollar three per thousand dropping down to sixty one cents per thousand dollars of assessed value would necessitate a water rate increase to go from sixty-nine dollars which has been the rate for the last seventeen years up to a hundred and twenty dollars that would be for a sixth month period again from May 1st to November 1st. To have that rate increase requires a public hearing and that's why we're here tonight. COUNCILMAN MARTIN-You say its been that rate for seventeen years. WATER SUPERINTENDENT, MR. VANDUSEN-That's correct. COUNCILMAN MARTIN-Without an increase. WATER SUPERINTENDENT, MR. VAN DUSEN- Unfortunately looking back on it, I guess it's been very easy to leave that rate where it is and any increase in expenses that were necessary each year the ad valorem tax could be increased or as the assessed value went up even though the tax rate stayed the same it gave us more operating capital. SUPERVISOR BROWER-Who gave us this district? WATER SUPERINTENDENT, MR. VANDUSEN-The developer out of generosity gave it to the Town for a dollar it was a good deal for one of us. COUNCILMAN BREWER-Have you had any comment? WATER SUPERINTENDENT, MR. VAN DUSEN-Actually I've received one letter from a gentleman I'm not sure if he is here tonight. I mailed out letters to the forty-three residents because a good number of them don't live in the Queensbury area it is just a seasonal place for them. I sent out a letter to them explaining what was happening advising them of the public hearing. COUNCILMAN MARTIN-You sent them to there... ... WATER SUPERINTENDENT, MR. VAN DUSEN- To their permanent address. I did receive a letter from Fred Tedeschi said he hope to be here, he is here okay, then I won't speak for him. COUNCILMAN MARTIN-Of the forty-three how many are permanent residences there year round? WATER SUPERINTENDENT, MR. VAN DUSEN-I don't know offhand. UNKNOWN-Four or five. WATER SUPERINTENDENT, MR. VAN DUSEN -There are several people that have drilled wells. Obviously when we shut down November 1st they would have to switch over to that. In general the water quality of the drilled wells the deep wells is not as good as the water from the lake. A lot of them would use our water in the summer time and switch over to the wells in the winter. COUNCILMAN MARTIN-What will happen you said there is going to be future improvements to be made to the district as a result of your mandates for treating surface water sources? What is going to happen do you expect to these rates and taxes and things when you get all that squared away? WATER SUPERINTENDENT, MR. VANDUSEN-That's an unknown at this point. The Town hired O'Brien and Gere Engineers what would be the minimum necessary to meet the Health Department guidelines. They submitted a draft of that to the Health Department for review last week. The Health Department will comment on it and get back to us as to exactly what it is that's going to be necessary. Certainly within the next few weeks I should be able to answer that question. It will definitely increase what the magnitude of that is I don't know yet. COUNCILMAN MARTIN-What is the method for treating it obviously you are not going to build a plant there. WATER SUPERINTENDENT, MR VAN DUSEN-Rightjust because we're so close to the lake you have to put some type of a filter in there. Most filters backwash in some form which when you do that you have to have a place to dispose of that water. It is not real particularly practical in the case there because we're right on the water edge. We're probably looking at some type of a cartridge filter either disposal or a filter unit that could be removed brought to another location and cleaned and then used again. COUNCILMAN MARTIN-Is there adequate property and all that to accommodate such a thing? WATER SUPERINTENDENT, MR. VAN DUSEN-Barely, but yes. COUNCILMAN BREWER-Is there anyway this could be expanded the district? WATER SUPERINTENDENT, MR. VANDUSEN-The average water line is buried about a foot deep and it is galvanized pipe if we're going to expand you are going to build new. COUNCILMAN BREWER-It is going to cost a lot more money. WATER SUPERINTENDENT, MR. VANDUSEN-The largest pipe we have in the system is a four inch pipe. Four inch when it was new I'm sure it is smaller now. COUNCILMAN BREWER-Probably one inch now. WATER SUPERINTENDENT, MR. VANDUSEN-Maybe. COUNCILMAN MARTIN-That's all I had. SUPERVISOR BROWER-Anyone else. WATER SUPERINTENDENT, MR. VAN DUSEN-I know there are some people here. SUPERVISOR BROWER-Is they're anyone here that would like to speak on behalf of this resolution at the moment? DAVE WILCOX, 26 FOREST ROAD, QUEENSBURY-For the record I'm not representing any organization even though I'm involved with neighborhood associations in the area. I have two concerns one of which has to do with the method of which the costs are allocated. If I'm correct and maybe I'm not the ad valorem is based upon the assessed value of the property is that correct? SUPERVISOR BROWER-I believe so. MR. WILCOX-So that a vacant lot that is using the water as opposed to a lot with a house on it it would be a inequitable allocation of costs to the use of that system. SUPERVISOR BROWER-Presumably. MR. WILCOX-I don't know if there is anyway to make that more equitable since there are vacant lots that are using the water in the system as well as seasonal residents who do use the water. I guess it would be the Comptroller whoever would be able to say if there is a way of making it more equitable. The second has to do with the usage of the water and another person Fred Tedeschi who was mentioned earlier may speak more to it which has to do with the use of the water other than normal household use. With the advent of the filtration and with the advent of the increase costs that are going to ensue I'm concerned about the wasting of the water that is currently going on. As far as wasting the use of the chlorination and ultimately wasting the filtration that will be happening so I'm concerned about that use and I'll let Fred talk more about that if he'd like. SUPERVISOR BROWER-Are you a year round resident Mr. Wilcox? MR. WILCOX-No. I'm a seasonal resident and I do come up on the weekends occasionally in the winter, but we lug in water so we don't use a well. COMPTROLLER, MR. HESS-Can I answer a question that he raised. As far as the equitable distribution of cost between the ad valorem and the water usage the intention of this change in water rates directly addresses that. MR. WILCOX-But the capital cost that will be coming up they will be rather extensive I would expect. COMPTROLLER, MR. HESS-The ones that are coming up I really can't speak to that. I guess my role in this issue was to make sure the capital costs that are on the books now and any that we have in the future are collected through ad valorem tax and that only they are collected through ad valorem tax. We talk about equitable we all have our own definition of that, but the Comptroller has a term for equitable and that's the way it is suppose to be down. Capital cost and debt service should be collected through ad valorem tax and then any of the other costs the 0 & M cost should be collected through water fees and that's what this intends to do. MR. WILCOX-I think I'm not addressing what you said exactly. I'm not speaking to the reallocation of the o & M and increasing of the fee. I'm concerned about the way the ad valorem tax distributes the capital costs of the water system. It deals with users who have a vacant lot who are using water who will be presumably paying very little towards the costs of the capital compared to those who have structures on the property who will be paying significantly more. Interestingly enough those who have the vacant lot maybe the ones who tend to be wasting the water. COUNCILMAN MARTIN-Wouldn't the lots with the structure on it though at least from normal living standards tend to use the water more showers and toilets and such? MR. WILCOX-Not in this case. It is a pond that is kept filled by running out of the Shore Colony Water District, just a hose left wide opened. COUNCILMAN BREWER-That was going to be my question. How would a person with a vacant lot use more water than a person with a house on it? MR. WILCOX-If one has a pond that one keeps filled with a hose that's how one uses more water. COUNCILMAN MARTIN-How about a meter then? MR. WILCOX-That would be one possibility. I talked before the meeting that metering was not likely to be used in a seasonal water system I'm not sure if there was a reason for it although there may be some leftover meters if some electronic meters are put in. I think there is a lot of problem associated with that that I think needs to be dealt with. The equity of the costs whether it even is appropriate for the water to be used in such a manner those are the issues that I have. Is there a way that the ad valorem tax portion of the costs can be distributed other than on assessed value? COMPTROLLER, MR. HESS-No there is not. That's what an ad valorem tax is it is assessed value times the tax rate across the district. MR. WILCOX-It can't be distributed based upon capital cost divided by forty-three. COMPTROLLER, MR. HESS-Not that I'm aware of I'll have to check that. I don't believe so that's an interesting question. MR. WILCOX-That would seem to be a little more equitable. Let the users pay for their own use. Thank you. WATER SUPERINTENDENT, MR. VAN DUSEN-Let me just clarify one thing. What's referred to and rightfully so there is at least one parcel up there that has a man made pond. In the past when water was being pumped out of the lake and chlorinated really the only expense to us was a little bit of electricity our electric bill is relatively minor. When we get into the stage of designing a filter plant what size the pumps are what size the filters have to be the peak flow of that system will have a major impact on what the cost is going to be. I think that's the opportune time to take a look at whether it is practical for us to allow people to just let a faucet run non stop to keep a pond full. If the inside question is yes we're going to allow it then we certainly need to have a different mentality of a billing structure then just a flat fee for that unlimited use. COUNCILMAN MARTIN-How much would meters cost Ralph? WATER SUPERINTENDENT, MR. VAN DUSEN -The seasonal thing with meters is keeping them from freezing. It's one thing to have your plumping drained by gravity once the meter freezes it is no longer accurate. I would necessitate those meters being taken out in the Fall and put back in the Spring your looking at a fair expense in the maintenance of that. COUNCILMAN BREWER-Would a meter that has water flowing through it constantly freeze? WATER SUPERINTENDENT, MR. VAN DUSEN-November 1st, the system shuts down so it's after November 1st that would be the problem. Now each homeowner of the camp is responsible to drain their plumbing so it doesn't freeze in the winter. SUPERVISOR BROWER-Is this pond a backyard of somebody? WATER SUPERINTENDENT, MR. VAN DUSEN-I think it's a separate lot technically separate service for that. COUNCILMAN MARTIN-Why does the phrase that nothing is ever-simple come to mind. WATER SUPERINTENDENT, MR. VAN DUSEN-It is something that needs to be addressed over the next year prior to the filters going on line. SUPERVISOR BROWER-Is it a big pond I take it? UNKNOWN-Yeah. COUNCILMAN BREWER-Why does he keep it full? UNKNOWN-You would have to ask my neighbor. COUNCILMAN BREWER-Nobody has ever asked him why? UNKNOWN-Oh yeah. FRED TEDESCHI, 12 FOREST ROAD, ALSO A SEASONAL RESIDENT -One suggestion that perhaps maybe you could look into is having the tax distributed just on the value of the land. If we're going to allow a tap for water to be for other than a residence full time house where people are living with kitchens and bathrooms if you allow that other than for that then perhaps maybe the fairest way to distribute is based on just the value of the land not on the building itself. I think then we would have more equitable disbursement of the cost. I came tonight because I've raised this issue several times with many of your predecessors I guess I have three main issues. Number one, I think the reason why the costs are high in this district is because we are allowing somebody to basically let a tap run forever. I live next door I'm not there all the time, but I've got to tell I don't think I've been there more than a half of dozen times in the eight years since this was put in that the tap isn't running and the garden hose isn't running full time. Recently I had some work done there I had a foundation put under my camp, I have a A frame there some of you may be familiar with it. We dug down in the fall before the pond was put in to do a test the water level at that point in October was six and a half-foot down from the surface. Since this has happened and after we put in the footing I had to put in special drains under the cellar floor I have about a four and a halffoot, five foot crawl space under there. I run a sump pump twenty-four hours a day seven days a week during the summer it also starts now when we're having melting it runs now. I think unquestionably the water that I'm pumping out into my front yard comes from here. I see two other problems in addition to the waste of water, which I think is a terrible waste of natural resources. I have a septic system in my backyard the gentlemen who owns the property next door to me runs the pond got a variance about two years ago to put in a new septic system for a house that fronts on the lake. So we now have two significant septic systems there this constant flushing of water. I think, although I have no expertise in this it just seems to me a septic system is designed for the effluent to go straight down and to filter into the water table. It is not designed to have water go this way and go back out towards the lake we're about five hundred feet from the lake I'm concerned about that. Luckily I don't use the house that much I don't have a large family so we don't have a lot of problems. I had it pumped maybe two or three times in the fifteen years I've been there so I think seriously we ought to consider some regu1ations. I proposed some about six years ago to your predecessor in the Town Counsel's Office they went no where the theory was that at some point we're going to have to do this filtration so I think the time now is right. To prohibit this type of use to either allow it if you have a meter require you to have a nozzle on a hose the typical type of uses that people have in the more developed areas I urge you to take action on this. I also urge you to defer the increase in the cost until you take some action because I think you'll find the cost of operating the system will drop significantly if you don't have an open tap. Virtually none of us do a lot of watering up there we don't come up here because we want to have huge expansion of grass. I think there is only one person there maybe two that does any kind of watering we use it solely for household purposes. COUNCILMAN BREWER-Ralph couldn't you go up there with a meter temporally and leave it for a period of a couple of weeks or whatever and then calculate how much water over a period of time that he would use? Say you went up there in Mayor whenever the system turns on put a meter in and then maybe half way through or three quarters of the way through read your meter and then calculate from there how much water he uses and then adjust his rate is that something we could do? WATER SUPERINTENDENT, MR. VAN DUSEN-We would have to come up with a metered rate for that district before he uses the water not after. SUPERVISOR BROWER-How long has your neighbor had this pond and had this tap running almost constantly how may years would you say? MR. TEDESCHI-He put in the pond in ninety-one or ninety-two. SUPERVISOR BROWER-Eight or nine years. MR. TEDESCHI-Orignally pumped it out of the lake with a pump. I think the tap went in ninety-three, ninety-four it went in the full before the road was paved. COUNCILMAN MARTIN-How big of a pond is it? MR. TEDESCHI-My guess is it is probably thirty by thirty. It's probably about five-foot deep...... COUNCILMAN MARTIN-Within what distance of the lake is it? MR. TEDESCHI-The lakefront I think is about three or four hundred foot there. MR. STONE-Two hundred. MR. TEDESCHI-There is a hundred-foot deep lot behind us and a road? COUNCILMAN MARTIN-How far away from the shoreline is it? MR. TEDESCHI-Within five hundred feet I would think. COUNCILMAN MARTIN-I can't imagine even in ninety-one that you can do this type of thing without DEC permitting or AP A approval. TOWN COUNSEL, MR. HAFNER-I was wondering that myself. We can look into that if you want. MR. TEDESCHI-I know there was no building permit. COUNCILMAN MARTIN-I know locally there is no provision we would not regulate it. TOWN COUNSEL, MR. HAFNER-It wouldn't be the Town. MR. STONE-I have three words Jim he's a lawyer. COUNCILMAN MARTIN-It only makes sense now. COUNCILMAN BREWER-I've got three words, it doesn't matter. COUNCILMAN MARTIN-No offense to any lawyers, but actually it is. MR. TEDESCHI-Just for grins after I did my addition I went down to the Town and asked if! could have a permit to put a swimming pool in and they told me no. I said suppose I don't put a liner in it they said you can't do that and I said how come he can, I rest my case. Thank you gentlemen, I appreciate the opportunity. COUNCILMAN MARTIN-I don't mean to be a rat in a woodpile we ought to make an inquiry who is the Enforcement Officer for AP A, what's his name? At least it would be worth an inquiry. I don't if DEC would regulate anything that small, but AP A I bet you would. The point is well taken there are considerations about leach beds and things like that. COUNCILMAN BREWER-What does he do with the pond does he have fish in it? MR. TEDESCHI - I think he just likes it there. COUNCILMAN MARTIN-I would like to have an answer on that. In terms on you Ralph, I know what would stop this if we put meters on this this guy would go back to his pump from the lake. WATER SUPERINTENDENT, MR. VAN DUSEN-Would it be practical to develop in the rate structure to develop tonight's meeting is changing the... .... COUNCILMAN MARTIN-I'm concerned about the long term. The point is well taken you now off sizing pumps, filters, and things based on a usage rate that you probably have some idea of what the use is there, but its based on this skewed number. WATER SUPERINTENDENT, MR. VAN DUSEN-We're adopting a flat rate for the residential use one method would be to adopt a flat rate for non-residential use that would encourage people to not do this. COUNCILMAN MARTIN-If some interim measure could be taken until.... There is no quite disconnect meter or anything like that, that could be disconnected and reconnected? WATER SUPERINTENDENT, MR. VAN DUSEN-From my understanding their feed is off a hose bib. You could screw a meter on a hose bib that's not complex. COUNCILMAN MARTIN-I mean for district wide so we're not singling somebody out. Is there any sort of that people could go out and disconnect November 2nd and then April 30th put it back on or whatever? COUNCILMAN BREWER-You put the meters inside the house right? WATER SUPERINTENDENT, MR. VAN DUSEN-In the Queensbury District they would go in a house or cellar typically. COUNCILMAN MARTIN-There are no cellars up there in every case. COUNCILMAN BREWER-That's true. Even inside if they put it in the kitchen or wherever they had to put it Jim. COUNCILMAN MARTIN-You are talking about placing something that they don't have any heat. COUNCILMAN BREWER-Understood, but if they drained it. All it is is a loop pipe isn't it? WATER SUPERINTENDENT, MR. VAN DUSEN -There is a reservoir in the bottom of the meter you have to actually blow the air out of it. MR. WILCOX-The simple solution is not to allow a connection unless there is a house there. COUNCILMAN MARTIN-Is that possible? TOWN COUNSEL, HAFNER-I'd have to look into that. Typically you can't have people be in the district without being able to provide them. COUNCILMAN STEC-What would you gain once there is a house there they could still have a pond and a house. COUNCILMAN MARTIN-If it's a vacant lot I have no problem carving it out of the district. SUPERVISOR BROWER-You also have a preexisting use. WATER SUPERINTENDENT, MR. VAN DUSEN -That's pretty difficult that requires an act of legislature. TOWN COUNSEL, HAFNER-It's hard to cut places out. You cannot include them, but once they are there. COUNCILMAN MARTIN-You are on the threshold here of making a sizable expenditure in terms of that district anyhow for a treatment system. I think we're basing it now on false numbers that's a concern. We're buying maybe a bigger filter, bigger pump. WATER SUPERINTENDENT, MR. VAN DUSEN-We're looking at flow rates over the last ten, fifteen years so we're not just looking at this. COUNCILMAN BREWER-But, it has to increase over the last eight years because of this pond right? WATER SUPERINTENDENT, MR. VANDUSEN-Yeah. COUNCILMAN STEC-In any event it might be worthwhile to get an estimate how much that pond is and factor it out. WATER SUPERINTENDENT, MR. VAN DUSEN-Actually it is a relatively simple calculation given the pressure and the size of the opening as to how many gallons a day you are capable of going through. COUNCILMAN TURNER-Couldn't you word it so you that you use the water for domestic use only? WATER SUPERINTENDENT, MR. VAN DUSEN-I don't know. COUNCILMAN TURNER-That would take care of the problem. WATER SUPERINTENDENT, MR. VAN DUSEN-Does that mean people can't water their lawns. COUNCILMAN TURNER-No, no. Essential use of the water is for domestic uses they can water their lawns. WATER SUPERINTENDENT, MR. VAN DUSEN-I very much agree that something should be done to restrict this. I'll go back to my flat rate for non-residential use. If you can create a rate that won't end us all in jail it may accomplish that. COUNCILMAN BREWER-You are the guy that has the expertise in the water rates. COUNCILMAN MARTIN-We'll leave that up to you Ralph. Is that a interim solution untiL....... WATER SUPERINTENDENT, MR. VAN DUSEN -You've advertised this public hearing on the rate can we adopt tonight included with that a non-residential rate? It makes no reference to that at all the notice. COUNCILMAN MARTIN-Can we leave the public hearing opened? TOWN COUNSEL, MR. HAFNER-What you would have to do is you would have to have a public hearing that would deal with the proposed water rate increases. You would have to republish and have a public hearing. You are not talking about changing it from a hundred and twenty dollars to a hundred and ten you are talking about embossing vastly different rates, different structures. COUNCILMAN MARTIN-How many vacant lots in the district. WATER SUPERINTENDENT, MR. VAN DUSEN-I'm not sure. SUPERVISOR BROWER-It also sounds to me like you are discriminating against one individual. TOWN COUNSEL, MR. HAFNER-You can set a rate that has got different amounts for houses and non- houses. Usually when you see that it goes the other way than what you're thinking. You need to have some non-arbitrary source for what that rate would be and that's something that we can work with Ralph on. You can have a different number than the hundred and twenty. You can have more, but you'd have to come up with the reasons for why that would be more without singling out this one individual. COUNCILMAN BREWER-You have to also keep in mind if there are other vacant lots up there are you going to charge them the same? WATER SUPERINTENDENT, MR .V AN DUSEN-Only if they are using water. TOWN COUNSEL, MR. HAFNER-They are not likely it is very uncommon a vacant lot to be using water it usually cuts the other way. You need to keep them in the ad valorem they need to pay their share. COUNCILMAN BREWER-Why don't you calculate what the use would be and then you can go from there. You don't have to have us to tell you how to figure it out I couldn't figure it out if I wanted too. SUPERVISOR BROWER-Would anyone else like to comment on this situation during this public hearing? COUNCILMAN MARTIN-The gentlemen made reference that he supplied some language for a potential regulation. MR. TEDESCHI-Probably five or six years ago to Counsel, Mr. Dusek, I drafted some regulations based on what I have on Long Island. COUNCILMAN MARTIN-Do you still have that available without much trouble? TOWN COUNSEL, MR. HAFNER-We might have it in our file that be something to check. COUNCILMAN MARTIN-I would say he offered some assistance we might as well also take advantage of that. Thank you. SUPERVISOR BROWER-Thank you Ralph. Do you have any further comments Ralph? COUNCILMAN MARTIN-Could we something to the effect that vacant lots have to be metered? MR. TUCKER-I hope not I have a vacant lot and I don't want it metered. COUNCILMAN BREWER-We're talking about this district. PLINEY TUCKER, 41 DIVISION ROAD-I guess I am naive enough to believe that I consider myself in a special water district, Queensbury Water District. I consider when you start making individual rules and regulations for districts to make things work right you've got to do it for everybody maybe I'm wrong. I do believe that it's government for the people, by the people, and all that stuff. I have a lot on Division Road I get a water bill on it and I don't use a drop of water on it. I'm sure there are a lot of people in the Town of Queensbury with situations like that. COUNCILMAN MARTIN-I'm sure since you are on a metered district that the bill by comparison to other lots is very low. We have a very unusual case here you have an individual with a vacant lot that is using a lot of water and he is potentially skewing the whole district in terms of capital expenditure to support a very unusual use of water. I mean this is not for health or safety reasons that this person is using this water apparently as it's been explained to me I'mjust going on what I heard tonight that's a very unusual circumstance. MR. TUCKER-I don't think that the route you are taking is the route to take. From the conversations that you had with Chris this guy put in a pond he had no right to put in. COUNCILMAN MARTIN-Right. MR. TUCKER-So knock on his door get somebody to knock on his door and say, hey pal fill it in and that will take care of the problem. COUNCILMAN MARTIN-Like anybody else in New York State should live by the regulations or anybody else in the Adirondack Park. Just because he wasn't caught doesn't mean he should continue to get away with it if there was a regulation he violated. MR. TUCKER-I don't believe the answer is setting a special regulation in the water district because this is going on in there. COUNCILMAN BREWER-Maybe that's the first thing we should do is find out if the pond is there legally. TOWN COUNSEL, MR. HAFNER-We'll be glad to check into that and report back to the Town Board. COUNCILMAN BREWER-If it is not there legally he has to get permission from the APA that's going to shut him down right then isn't it? COUNCILMAN MARTIN-Like I said, I don't mean to be a rat in a woodpile but there are regulations and everybody should live by them. MR. TUCKER-That's right. It would help these gentlemen if the guy is doing something illegal it sure as hell would help me too because I don't like to see favors. COUNCILMAN MARTIN-That's what I'm saying. COUNCILMAN BREWER-Let's get it checked out. MR. TUCKER-Thank you. SUPERVISOR BROWER-Thank you. Do you want to take action on this one gentleman? COMPTROLLER, MR. HESS-Let me ask though before you say no what's the affect of not taking action? How does this change the distribution? COUNCILMAN TURNER-It doesn't change anything. COMPTROLLER, MR. HESS-We really haven't changed any circumstance. You are not going to change the amount of money there is no reason not to take action on this. This should influence what Ralph does in the future. . . . SUPERVISOR BROWER-Do you have a problem with that Ralph? WATER SUPERINTENDENT, MR. VAN DUSEN-We need to send bills out May 1st, we need to have a rate in affect early enough to be able. . .. I think it is an important issue I think it needs to be addressed, I don't think it should have an effect on what we do tonight for the rates. COUNCILMAN MARTIN-I don't want to have this languish. Apparently there has been complaints now for a number of years about this circumstance and I don't want to let it be forgotten about. SUPERVISOR BROWER-Interestingly when you and I talked about Shore Colony last week this really didn't come up in the conversation it's been going on so many years right? WATER SUPERINTENDENT, MR. VANDUSEN-Right. SUPERVISOR BROWER-Do I now hear a motion... COUNCILMAN BREWER-So if we take care of this move this we can still investigate whether that pond is there legally. COUNCILMAN STEC-We can always come back and hit him with his own special rate. PUBLIC HEARING CLOSED 7:39 P.M. RESOLUTION AUTHORIZING RATE INCREASE FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. 114.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established water rates for the Shore Colony Water District, and WHEREAS, in past years the Shore Colony Water District has generated a disproportionate share of its revenue from property taxes which should be used to fund only debt service and other capital expenditures and that, at the expense to property taxpayers, the rates charged to water uses have been artificially low, and WHEREAS, the year 2000 budget adopted by the Town Board reallocated revenue sources to correct this inequity and discrepancy by lowering year 2000 tax rates in the Shore Colony Water District from $1.034 to $.608 per $1,000 and it is necessary to generate revenue from water users to offset the reduced property taxes, and WHEREAS, the Water Superintendent recommended that the Town Board raise the Shore Colony Water District water rates from $69 to $120 per year, to be billed during the May 1st, 2000 billing, and WHEREAS, the Town Board duly held a public hearing on March 6th, 2000 concerning the proposed rate increase and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the increase of the Shore Colony Water District rates from $69 to $120 per year to be billed during the May 1st, 2000 billing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000 by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None PUBLIC HEARING NEW TAPPING FEES - TOWN WATER DEPARTMENT OPENED 7:40 P.M. NOTICE SHOWN SUPERVISOR BROWER-Ralph if you would explain this I would appreciate it. WATER SUPERINTENDENT, MR. VAN DUSEN-Every time a new water connection is made as a new home is being built within the Queensbury Consolidated Water District they would apply to the Water Department for us to make a tap. What that means is we would dig up the water main make a connection on the main and run a cooper service line as far as the property. It is the customers responsibility to install his water service from the property line into his house install a gate valve, a pressure reducer, then we would come back and install a water meter. It has been our goal for years that we recoup the expenses of making that water connection and installing that water meter by charging a tapping fee. The theory behind that was that as each person builds his own home he is paying his share of the cost and the rest of the district doesn't subsidize that. Each year we review our costs of the previous year to take a look at what its been costing us to make taps. I'm happy to say that the third year in a row the money that we have been collecting has been adequate to cover the expenses this year was almost exactly it was within a dollar of being what the tapping fee was. The problem that we run into incorporated in the tapping fee again it's not only our cost of making the tap, but supplying and installing the water meter. Last year we switched from the conventional meter reading system to a radio read so that we can read much faster and be more effective, those meters cost more money. What we're proposing here would be to adjust the tapping fee to address that increase in the cost of the meter. The effect to our existing customers will be zero because they already got their tap they already paid for their meter once you pay for it, it's up to the department to maintain that meter. If you are building a single family residential home it would be an increase of a hundred dollars over what it was before. If the water main is on your side of the street that would be a four hundred dollars up from three hundred. If the water main is on the other side of the street so if we have to cross the road the tapping fee would be five hundred and fifty and that's up from four fifty. As people are building homes the net effect is it would be a hundred-dollar increase over what it was in the past. COUNCILMAN BREWER-Could you explain to me this one inch short, one inch long. WATER SUPERINTENDENT, MR. VAN DUSEN-The size three quarter or one inch that reflects the size of the water service line going to the customer's home. COUNCILMAN BREWER-Depending on commercial or residential.... WATER SUPERINTENDENT, MR. VANDUSEN-The average home would be three quarter inch. We're starting to see people that are putting in ground sprinklers in are starting to run one inch be able to flow more water so they can shower and wash their clothes and water their lawn at the same time. Short or long would be a definition of whether the water main is on your side of the street or the other side of the street. Obviously if it's the other side of the street what we would typically do is dig a hole on the water main side, dig a hole on your side and shoot across from one side to the other without digging up the blacktop. COUNCILMAN BREWER-Then the one and a half would like a commercial... ... WATER SUPERINTENDENT, MR. VAN DUSEN-A inch and a half and two-inch would be mostly commercial or sometimes multiple families would get into larger sizes. Or if you have a very very long service line say your house is six or seven hundred feet off the road you might run a larger pipe because of the friction loss in the pipe. SUPERVISOR BROWER-Would anyone like to comment on this resolution? NO PUBLIC COMMENT PUBLIC HEARING CLOSED 7:43 P.M. RESOLUTION ADOPTING NEW TAPPING FEE SCHEDULE FOR TOWN WATER DEPARTMENT RESOLUTION NO. 115. 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost of Town ownership and installation of water services and meters installed for residents and businesses receiving Town water service, and WHEREAS, the Town Water Superintendent has informed the Town Board that as a result of the Town's transition to a radio read meter system, there has been an increase in the cost of providing water taps for new customers within the water district and therefore has recommended that the Town Board increase the tapping fees to reflect the increase in meter prices, and WHEREAS, the Town Board duly held a public hearing on March 6th, 2000 concerning the Water Department's proposed new tapping fee schedule and all interested persons were heard, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs adoption of the Water Department's new tapping fee schedule as follows: SIZE FEE WITH METER FEE WITH METER ONLY $ 200.00 $ 275.00 $ 450.00 $ 500.00 %" Short %" Long I" Short I" Long I \;2" Short I \;2" Long 2" Short 2" Long $ 400.00 $ 550.00 $ 700.00 $ 900.00 $ 900.00 $1,200.00 $1,200.00 $1,500.00 and BE IT FURTHER, RESOLVED, that this new tapping fee schedule shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent and/or Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None OPEN FORUM FOR GENERAL & RESOLUTIONS LOU STONE, ASSEMBLY POINT -Spoke to the board regarding Shore Colony Water District. Stated that the man with a million dollar home pays a lot more for the plant than the guy with a hundred thousand dollar home recommended that the board when they look at the whole system to think about that. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding vehicle purchase from Central Fleet Internal Service Fund. COMPTROLLER, MR. HESS-Noted we're buying the vehicles that you and the other four board members voted on last November when you passed the budget. MR. TUCKER-Who is the vehicle for? COMPTROLLER, MR. HESS-Building and Grounds is replacing a four-wheel drive pickup and a panel van with like vehicles. Parks Department is replacing a 1989 Ford pickup truck with a very similar vehicle. Zoning is replacing one of its four by four Rangers pickups a 1990 with a similar vehicle. The Cemetery is replacing a 1988 GMC dump truck with a similar vehicle the snowplow. The Water Department is replacing a dump truck, a normal size pickup, and a large pickup with similar type vehicles, eight vehicles we're buying. Spoke to the board regarding the problem with the insurance with the County noted he believes this is one of the good things they did as a board. SUPERVISOR BROWER-Noted that might be the case, but that there is not enough information yet to determine exactly what the Town's extent of liability is. COMPTROLLER, MR. HESS-Spoke to the public and the board regarding the situation with the insurance noting they are still awaiting information from the County. At this point they need to focus their attention on the County calculation and either verify or dispute them once they get them. If they ultimately find out that the CMS report was substantially incorrect or inaccurate then the Town will deal with that in the right way. The Comptroller's Office in the Town continues to rely on a company called Confirm Inc. out of Albany as a resource for complex and non-routine insurance matters. Confirm prepared the initial report on our participation in the self- insurance program and that was a report that really didn't deal with the finances of the claims, but it dealt with the administration of the program. Their report suggested improvement to the County's administration of the program. As we start getting numbers from the County we will submit them to CMS who will then justify and compare them against their numbers and will further retain Confirm to reconcile the differences between what the County ultimately provides to us and what's CMS's report showed us. Another resource we have at our disposal and we're using is the State Fund Municipality Safety Group #497. Its representatives also examine county files of our open claims late last year when we were getting ready to make this move. They are now reviewing their notes to determine if they reveal any information to support or dispute the County's number or the CMS report. Offered assurance that the process used by the Town to make this important decision was thorough and well executed over the period of a full year. After first documenting a trend in escalating costs and lack of published financial data about the self-insurance fund we hired a highly reputable independent consultant to review the administration of the program. Secondly, the recommendation in that initial report were shared with the County and discussed with the Chairman of the County Insurance Committee and other County Officials. After that meeting we received no assurance that the County would institute reasonable recommendations so we hired a second independent consultant to evaluate our claims and calculate our cost to leave the self-insurance program. As soon as the report was published last August of 1999 we furnished a copy of that report to the County. We then soliciated quotations from three commercial insurers after evaluating the cost services offered, employees safety programs available and the other merits of each bidder the decision was made to insure the Towns workers comp risk with the State Insurance Fund effective January 1st, 2000. This morning after reading the paper sent a letter to Warren County again requesting that we be in the loop on this information. We've discussed with Counsel this afternoon who is going to follow through to make sure that gets done. Again, I offer to the Town Board and to the public who really has an interest in this million dollars verses three seventy-five, I offer you my full confidence that the numbers will be worked out in due time and want everybody to feel confident that we're giving this project our highest priority. Right now the missing factor is information the County is making verbal claims without any information to us. MR. TUCKER-Questioned who is on the Insurance Committee from Queensbury? SUPERVISOR BROWER-Can't recall. MR. TUCKER-Spoke to the board regarding the people from Queensbury on the board noting he thinks we have the largest weighed vote on the board. We went to a weigh vote so everybody would get the representation that they deserved noted in this situation our people up there aren't doing the job for us. COUNCILMAN STEC-Questioned if allocations are correct what recourse do we have with any of our consultants? COMPTROLLER, MR. HESS-We hired professional people with credentials so we would have recourse back CMS. They did financial evaluation we would have recourse back to them. Thinks in term if that happens CMS would then look and say was the County forthright in disclosing the information for us. COUNCILMAN MARTIN-Questioned if there is any time frame on assembly and provision of this information from the County? COMPTROLLER, MR. HESS-At the end of January when they made the ball park announcement it could be around a million dollars they claimed there was really nothing to hang their hat. The three numbers that were provided on Friday are rounded to the nearest penny they have to be able to support. Asked for this today expects to get something by the end of the week. BETTY MONAHAN, SUNNYSIDE-Noted if this was a private corporation dealing with a private company at least once a year you would get a statement from the insurance company showing each individual claim and the amount the company is reserving to settle those claims in the future. Asked if the County has been providing this information to the Town at least once a year? COMPTROLLER, MR. HESS-That was part of the recommendation from the Confirm report. MRS. MONAHAN-Asked if the County is going to be self-insured in self-insured Town's wonders what rules and regulations they are under from the State and the Comptroller's Office as to what kind of records they have to do and what kind of records they have to provide you are they under some kind of regulation? COMPTROLLER, MR. HESS-They have record keeping regulations that I don't have any jurisdiction over apparently they do a good. As far as administration of the claims and reporting to their participants it is very sketchy they have a lot of latitude and don't have the strict requirements you would have with a commercial insure. It was our consultant who recommended they adopt some of those voluntarily because they were good business practice. COUNCILMAN MARTIN-Asked who is the Chairman of the committee? UNKNOWN-Larry Bennett. COUNCILMAN BREWER-Recommended calling Mr. Bennett. SUPERVISOR BROWER-Noted there was a question of which method should we use to calculate this and a question about the reserve fund, should the reserve fund be given back to Queensbury and applied towards their claims or not. MARTIN MORRELL, GLENS FALLS-Spoke to the board regarding Shore Colony noting in Glens Falls there are water restrictions periodically asked if it would be possible to restrict for everyone the outside usage of water. The reason I came tonight a week ago your Town Highway Department was directed to promptly remove barricades on Fuller Road. It has been a week of nice weather and they haven't had to plow I've gone by almost everyday I haven't seen anybody working on that. Another orange barrel has been added to a highway hazard below Bob Mahar's driveway, but other than that nothing has happened I wonder what's going on can somebody tell me? SUPERVISOR BROWER-I'm not sure would you like to comment on that Rick? HIGHWAY SUPERINTENDENT, MR. MISSIT A-I believe the resolution was to reopen the road, as a Town highway is that correct? TOWN COUNSEL, MR. HAFNER-I believe that's it. MR. MORRELL-Be it further resolved, the Town Board authorizes and directs the Town Highway Superintendent to arrange for and promptly remove barriers which were previously installed on that portion of Fuller Road and to also remove any other obstacles to that portion of Fuller Road. HIGHWAY SUPERINTENDENT, MR. MISSIT A-Was that the resolution or just what was printed in the Post Star? MR. MORRELL-I called to ask your Town Clerk if the resolution as passed was as written it was read back to me verbatim. TOWN COUNSEL, MR. HAFNER-I don't remember whether the word promptly or not was in... MR. MORRELL-It was read back to me by your Town Clerk over the phone. HIGHWAY SUPERINTENDENT, MR. MISSIT A-But that makes it a Town highway again is that correct? MR. MORRELL-I don't know if there was any mention of that it just asked you to remove the barriers promptly. HIGHWAY SUPERINTENDENT, MR. MISSIT A-From a town road. MR. MORRELL-From the road. HIGHWAY SUPERINTENDENT, MR. MISSITA-Which makes ita town road. MR. MORRELL-Not necessarily it is just a road. HIGHWAY SUPERINTENDENT, MR. MISSIT A-So if it's not a town road then why is it our jurisdiction then? MR. MORRELL-Maybe it is. HIGHWAY SUPERINTENDENT, MR. MISSIT A-It sounds a little redundant why would I go on somebody else's road to do it so it must be a town road. MR. MORRELL-Town road, whatever. HIGHWAY SUPERINTENDENT, MR. MISSIT A-So therefore it makes it my jurisdiction not the Town Board's jurisdiction any longer. Therefore, being a town road I feel until the road can be opened safely for all motoring public to travel down it and I can't see that road totally with a foot of snow on it. I know there are ruts in it. I know the embankment has been cut out from when the house was built in there. So until that road in my opinion is safe for the motoring public to travel up and down it until the frost is out of the ground that road is not going to be opened until I feel it is safe for everybody to travel on considering it is my jurisdiction now to make sure that the motoring public can have safe travel. MR. MORRELL-I would just like to say that it sounds a little contemptuous on the part of your Highway Department. I will tell you that they went to great and laborious lengths to install those guardrails. You had Town Highway Department crews building campfires to thaw out the ground to plant the uprights for those guardrails posts in the wrong place. They came up when the ground thawed and pulled them out from the bottom of Mahar's driveway and put them across the upper end of Fuller Road where they should of put them in the first place according to that resolution that closed the road. It seems a little odd that snow banks would present a problem when they were willing to build campfires to thaw ground to plant guardrails in the first place. In the spirit of communication might I ask that if this hasn't been addressed in another two weeks could I request a discussion item for the next Town Board meeting to explain why? SUPERVISOR BROWER-I think our intent was clear Mr. Morrell, however, you also recall that that road for the last six or seven years that I'm aware of was only opened during seasonal use. It was not plowed the upper.... MR. MORRELL-For the last four or five years prior to its closure it was actually plowed in the wintertime and sometimes it was plowed even before the upper end of Clendon Brook Road was plowed. For years it was not and I never expected it to be plowed and I must say I was astounded when the first year that I saw that road plowed in the wintertime. But, for the years immediately prior to its closure it was maintained year round and it was plowed in the winter and sometimes plowed prior to upper Clendon Brook Road. SUPERVISOR BROWER-I will say this, our resolution was clear it was direct and I don't plan on scheduling another discussion on it at this point. MR. MORRELL-So when might we expect to see some work here to reopen this? SUPERVISOR BROWER-I think you would to ask Mr. Missita he is our Highway Superintendent he is in charge of our highways. MR. MORRELL-When might we see these guardrails come down? HIGHWAY SUPERINTENDENT, MR. MISSITA-We tried to go up and grade the dirt sections of Butler Pond and the other roads the other day when I got a complaint that there were ruts up there. There is too much frost in the ground we cannot grade the road up there now so there is no sense in trying to even attempt to do something on a road that hasn't been used in over five years when I know there are washouts in it. There is no way I can grade it right now cause of the frost in there. So until the frost it out of there and we find out just what's underneath there and how stable the banks are considering they just built a home up there cut into the banks like I stated a few minutes ago, until I feel the road is safe the frost is out of the ground so we don't have to worry about anybody getting hurt cause we don't need any lawsuits and anybody getting up there and driving down there and being hurt therefore the road is going to stay closed until we can make sure everybody can travel down it safely. MR. MORRELL-You've been with the Highway Department for sometime. HIGHWAY SUPERINTENDENT, MR. MISSIT A-Eighteen years. MR. MORRELL-When in your experience does the frost leave the ground around here generally speaking? HIGHWAY SUPERINTENDENT, MR. MISSITA-Probably about sometime around the end of March. MR. MORRELL-So I might expect to see something begin to happen here on or about April 1st. HIGHWAY SUPERINTENDENT, MR. MISSITA-Around there. MR. MORRELL-Okay. Thank you. Spoke to the board regarding the free tire disposal day noting he is in support of this. Asked if there will be public notification of this? SUPERVISOR BROWER-Hopes to advertise this. OPEN FORUM CLOSED 8: 18 P.M. RESOLUTIONS RESOLUTION APPROVING REVISIONS TO QUEENSBURY WATER DEPARTMENT DESIGN AND CONSTRUCTION STANDARDS RESOLUTION NO.: 116.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No. 210 of 1987, the Town Board of the Town of Queensbury accepted the Queensbury Water Department's Design and Construction Standards (Standards), and WHEREAS, the Water Superintendent has revised these Standards and requested that the Town Board approve the revised Standards as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Queensbury Water Department's Design & Construction Standards presented at this meeting and further authorizes and directs the Water Superintendent to distribute the new Standards and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None RESOLUTION APPROVING REVISIONS TO QUEENSBURY WASTEWATER DEPARTMENT STANDARD SPECIFICATIONS FOR SANITARY SEWER CONNECTIONS RESOLUTION NO.: 117.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No. 86 of 1988, the Town Board of the Town of Queensbury accepted the Queensbury Wastewater Department's Standard Specifications for Sanitary Sewer Connections (Specifications), and WHEREAS, the Director of Wastewater has revised these Specifications and requested that the Town Board approve the revised Specifications as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves of the Queensbury Wastewater Department's Standard Specifications for Sanitary Sewer Connections presented at this meeting and further authorizes and directs the Director of Wastewater to distribute the new Specifications and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING FREE TIRE DISPOSAL DAY RESOLUTION NO.: 118.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury's Solid Waste Facilities Operator has recommended that the Town Board authorize the free disposal of tires for one day on Saturday, May 6th, 2000 at the Town's two Transfer Stations for Town of Queensbury and City of Glens Falls residents only, and WHEREAS, the Town Board wishes to authorize the free tire disposal day, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the free disposal of up to four (4) tires per family for Town of Queensbury and City of Glens Falls residents only for one day on May 6th, 2000 from 7:30 a.m. to 3 :00 p.m. at the Town of Queensbury's two Transfer Stations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town's Solid Waste Facilities Operator to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AMENDING RESOLUTION NO.: 50,2000 REGARDING HIRING OF JASON BAKER AND RAYMOND HOWARD AS LABORERS RESOLUTION NO.: 119.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 50, 2000, the Queensbury Town Board authorized the hiring of Jason Baker and Raymond Howard as full-time Laborers in the Building and Grounds Department subject to a ninety (90) day probationary period, and WHEREAS, the CSEA Agreement between the Town and CSEA specifically requires an eight (8) month probation period when part-time employees become full-time employees, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 50,2000 to read that the hiring of Jason Baker and Raymond Howard as full-time Laborers in the Building and Grounds Department shall be subject to an eight (8) month probationary period to be completed as of September 24th, 2000. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None RESOLUTION APPOINTING ALTERNATE MEMBERS TO TOWN PLANNING BOARD AND ZONING BOARD OF APPEALS RESOLUTION NO. 120. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury previously established the Town's Planning Board and Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 67,2000, the Town Board created alternate member positions for these Boards so that alternate members may substitute for regular members in the event of a conflict of interest or other factor such as illness, vacation or other absences, and WHEREAS, the Town Board now wishes to appoint the alternate members, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby appoints Chris Hunsinger and John Strough as alternates on the Planning Board and James Underwood and Roy Urrico as alternates on the Zoning Board of Appeals until their terms expire on December 31, 2007. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENTS RESOLUTION NO.: 121. 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the agreements between the Town and Fire Companies recently expired, and WHEREAS, the Town and Fire Companies have negotiated terms for new three (3) year Agreements for fire protection services, and WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town Board wishes to set a public hearing concerning the proposed agreements for fire protection service, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing concerning the proposed new fire protection service agreements between the Town and 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., on March 20th, 2000 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON EMERGENCY AMBULANCE SERVICE AGREEMENTS RESOLUTION NO.: 122.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Town Law (184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town and its three (3) emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squads, Inc., and West Glens Falls Emergency Squad, Inc., have negotiated terms for new two (2) year Agreements for general emergency ambulance services, and WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town Board wishes to set a public hearing concerning the proposed agreements for emergency ambulance servIce, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall conduct a public hearing concerning the proposed new emergency ambulance service Agreements between the Town of Queensbury and its three (3) emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squads, Inc., and West Glens Falls Emergency Squad, Inc., on March 20th, 2000 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING AMENDMENT TO QUEENSBURY ACTIVITIES CENTER USE POLICY AND RULES RESOLUTION NO.: 123.2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 369.99, the Queensbury Town Board adopted the Town of Queensbury Activities Center Use Policy and Rules (Policy), and WHEREAS, the Town Board wishes to amend the Policy to eliminate the requirement that applicants file a separate application for each proposed use of the Center and that no application may be made more than twenty-one (21) days before each proposed use, and WHEREAS, a copy of the proposed, amended Policy has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the amended Town of Queensbury Activities Center Use Policy and Rules as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury further authorizes and directs the Town Supervisor's Office to distribute copies of the amended Policy and Rules to the Activities Center Coordinator and all Town Departments. Duly adopted this 6th day of March, 2000 by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT :None RESOLUTION AWARDING BID FOR PURCHASE OF MEDIUM DUTY DUMP BODY FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 124. 2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Purchasing Director duly advertised for bids for the purchase of one (1) Medium Duty Dump Body With Plow, Wing and All Necessary Hydraulics and Attachments (Dump Body) for use by the Town's Highway Department in accordance with previously submitted bid documents and specifications, and WHEREAS, Tarrant Manufacturing submitted the lowest responsible bid in the amount of $31,409 (including delivery and set -up fees) for the Dump Body and therefore the Highway Superintendent has recommended that the Town Board award the bid to Tarrant Manufacturing, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby awards the bid for one (1) Medium Duty Dump Body With Plow, Wing and All Necessary Hydraulics and Attachments to Tarrant Manufacturing for an amount not to exceed $31,409, including delivery and set -up, to be paid for from the appropriate account. Duly adopted this 6th day of March, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR COLD PLANER FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 125.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury Highway Department wishes to advertise for bids for the purchase of one (1) new, year 2000 Cold Planer to be used for the milling of concrete and blacktop as specified in bid specifications prepared by the Highway Superintendent, and WHEREAS, General Municipal Law ~ 103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Purchasing Director to publish an advertisements for bids for one (1) new, year 2000 Cold Planer to be used for the milling of concrete and blacktop for the Town Highway Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Purchasing Director to open all bids received, read the bids aloud, record the bids and present them to the next regular or special meeting of the Town Board. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower NOES: None ABSENT:None RESOLUTION AUTHORIZING VEHICLE PURCHASES FROM CENTRAL FLEET INTERAL SERVICE FUND RESOLUTION NO.: 126.2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which state that the Town Board must approve any purchase in an amount of $5,000 or greater, up to New York State bidding limits, and WHEREAS, the Town Comptroller has requested Town Board approval to purchase eight (8) replacement vehicles from the Central Fleet Internal Service Fund for the total amount of $233,559.34 as designated in his March 2nd, 2000 Memorandum presented at this meeting, and WHEREAS, the vehicles to be purchased are similar to ones being replaced in the various Town Departments and are equipped within the guidelines of the Town's Central Fleet Management Policy, and WHEREAS, NYS Bidding is not required, since the vehicles to be purchased are under State Contract, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and approves the purchase of eight (8) vehicles as designated on the Town Comptroller's March 2nd, 2000 Memorandum presented at this meeting for the total amount of $233,559.34, such vehicles to be paid for from the Central Fleet Internal Service Fund, and BE IT FURTHER, RESOLVED, that the Building and Grounds vehicle will be painted green, Cemetery vehicle will be painted green, Parks and Recreation vehicle will be painted green, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Comptroller to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN TURNER-Spoke to the board regarding color of vehicles for certain departments. Noted Building and Grounds is green, Community Development is white, Cemetery is green, Parks and Recreation is green noted this is the request that the parties would like to adhere too, noting this defines the departments. After further discussion it was the decision of the board to amend the resolution. RESOLUTION AMENDING RESOLUTION NO.: 100,2000 REGARDING MEDICAL LEAVE OF ABSENCE FOR RICHARD WHITMORE RESOLUTION NO.: 127.2000 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 100, 2000 the Queensbury Town Board authorized a medical leave of absence for Richard Whitmore, and WHEREAS, the Resolution authorized and directed the Town Supervisor and/or Town Highway Superintendent to enter into any necessary agreements with CSEA and/or Richard Whitmore, and WHEREAS, the Town Board wishes to amend Resolution No.: 100,2000 so that the Town Supervisor only shall be authorized and directed to enter into any necessary agreements with CSEA, and/or Richard Whitmore, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby amends Resolution No.: 100,2000 to read that "the Town Board authorizes and directs the Town Supervisor to enter into any necessary agreements with CSEA and/or Richard Whitmore in form approved by Town Counsel." Duly adopted this 6th day of March, 2000, by the following vote: AYES: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES: None ABSENT:None RESOLUTION AMENDING POLICY REGARDING F AMIL Y AND MEDICAL LEAVE ACT RESOLUTION NO. 128. 2000 MOTION WITHDRAWN INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin DISCUSSION HELD COUNCILMAN BREWER-Spoke to the board regarding the Family Medical Leave Act noting that the policy should be for everybody to be treated the same. Noted he has spoken to Attorneys and our Attorney on this... SUPERVISOR BROWER-Noted that he had requested that this be held to receive information from Amtex on how the changes would effect the policy. . . when it comes to personnel policies I think you are setting a dangerous precedent if you are going to be bring stuff to change a major town policy effecting 150 employees without a great deal of study I think it is a mistake and I want to go on the record stating that. COMPTROLLER HESS-Asked that the Board give this further consideration before a vote is taken. COUNCILMAN STEC-Suggesting holding off for two weeks. SUPERVISOR BROWER-Requested that this be reviewed at the workshop next Monday. COUNCILMAN BREWER-WITHDREW MOTION along with Councilman Martin... CORRESPONDENCE NONE TOWN COUNCILMEN'S CONCERNS COUNCILMAN BREWER-Spoke to the board regarding HUD homes asking if this is something we can participate in? EXECUTIVE DIRECTOR, MR. ROUND-Yes, that is something that we will be discussing later in the meeting. COUNCILMAN MARTIN-Noted Queensbury would have to go to another pot of money because we are not a metropolitan area we are not an entitlement community we have to go through the program called Small Cities and there you compete. COUNCILMAN STEC-Questioned the status regarding the Bay Ridge Firehouse funding. SUPERVISOR BROWER-Spoke with Chip and Chuck Mellon regarding this they are checking some other alternative funding sources. COUNCILMAN MARTIN-Questioned if they will be talking about sewer lines extensions next week in the workshop? He would like to discuss extensions up Route 9, out Exit 18, and up County Line Road. SUPERVISOR BROWER-Can discuss them generally some specifically. COUNCILMAN TURNER-Noted Baybridge Homeowners Association would like to speak to the board regarding sewering on March 13th.. COUNCILMAN MARTIN-Would like to begin discussions about the idea oflooking at sewer extensions down Main Street, up Route 9, and get an update on Queensbury Avenue. WATER SUPERINTENDENT, MR. VAN DUSEN-Recommended at the workshop session will briefly update the board as to what has happened so far and what their intentions are. SUPERVISOR BROWER-Questioned the status of drainage situation at Quarry Crossing and Dix Avenue? HIGHWAY SUPERINTENDENT, MR. MISSIT A-Noted the runoff was too much for it to take. Once the calcium got in there and worked its way through it was fine. EXECUTIVE DIRECTOR, MR. ROUND-Updated the board will the following meeting dates. Wednesday, March 8th, Adirondack Glens Falls Transportation Council will be presenting its regional bike plan and the Town is also presenting its bike plan. March 13th will be discussing land trust at the workshop. March 15th Dix Avenue Corridor Study a public meeting at the City of Glens Falls. March 16th and 17th is a Local Government Day in Saranac Lake regarding local government functions noting they will have somebody in attendance. March 20th is next regular meeting noting the board has indicated that you want a mailing to go out identifying that the Lake George Outlet Service Road is going to be discussed. The Steering Committee will be meeting March 27th, hopes to have a draft ordinance a week prior to that. PLANNED DISCUSSIONS GRANT APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT MARILYN RYBA, SENIOR PLANNER-Discussion held regarding the process for obtaining an application for Community Development Block Grant. On February 14th the board authorized a request for proposal to see if we could get someone to write a grant application noting she has received two proposals out of seven which were evaluated. Recommended hiring Shelter Planning, Inc., board in agreement also noted that two public hearings would be held regarding this application. The following resolution was passed. RESOLUTION AUTHORIZING ENGAGEMENT OF PROFESSIONAL CONSULTING FIRM TO PROVIDE ASSISTANCE WITH APPLICATION FOR FUNDS AND ADMINISTRATION OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS - NEW YORK STATE SMALL CITIES PROGRAM AND SCHEDULING PUBLIC HEARINGS RESOLUTION NO.: 128.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury wishes to apply for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program for the purposes of community development improvements such as housing, public facilities and/or economic development, and WHEREAS, the Town's Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding applications and to administer the funds if awarded, and WHEREAS, the Department prepared a Request for Proposals (RFP) for Community Development Strategies, Grant Application & Program Implementation in accordance with the requirements of to 24 CFR Part 85 and forwarded the RFP to seven (7) qualified planning and engineering firms, and WHEREAS, the Community Development Department has reviewed all responses received in accordance with the Selection Process and Criteria detailed in ~85.6 of the Uniform Administrative Requirements of 24 CFR Part 85 governing procurement standards applicable to federally assisted projects, and WHEREAS, the Executive Director of the Department has recommended that the Town engage the services of Shelter Planning &Development, Inc., for the estimated amount of $7,500 as delineated in its proposal presented at this meeting, to be paid from the appropriate account, and WHEREAS, the Town Board wishes to schedule the required public hearings concerning the application and use of CDBG funds, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance in the event that the Town receives Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program for an amount not to exceed $7,500, and BE IT FURTHER, RESOLVED, that the payment of $7,500 shall be transferred from Contingency Account No.: 001-1990- 4400 to an appropriate account to which payment should be charged as determined by the Town Comptroller, and BE IT FURTHER, RESOLVED, that if the Town receives CDBG funds, Shelter Planning & Development, Inc., shall administer the funds on behalf of the Town at a cost within the limits allowed by the New York State Administered Small Cities Program, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall meet and hold two public hearings at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 20th, 2000 and April3rd, 2000, to hear all interested persons and take any necessary action provided by law concerning the application for CDBG funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post Notices of Public Hearings a minimum often (10) days prior to each scheduled public hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form approved by Town Counsel and the Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of March, 2000 by the following vote: AYES: Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Brower NOES: None ABSENT:None ATTORNEY MATTERS TOWN COUNSEL, MR. HAFNER-Noted he will try to get information regarding the self-insurance will help with foil request to contact Paul Dusek and try to move this process. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 129.2000 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss current litigation. Duly adopted this 6th day of March, 2000, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower Noes: None AbsentNone RESOLUTION ADJOURNING EXECUTIVE SESSION AND TOWN BOARD MEETING RESOLUTION NO. 130. 2000 INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. Duly adopted this 6th day of March, 2000, by the following vote: Ayes: Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower Noes: None AbsentNone No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury