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2001-04-02 REGULAR TOWN BOARD MEETING APRIL 2ND, 2001 RES. 150-1737:05 P.M. MTG. #14 BOH. 13 BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN JAMES MARTIN COUNCILMAN THEODORE TURNER COUNCILMAN TIM BREWER BOARD MEMBER ABSENT COUNCILMAN DANIEL STEC TOWN COUNSEL MARK SCHACHNER TOWN OFFICIALS Helen Otte, Assessor Henry Hess, Comptroller Ralph VanDusen, Water/Wastewater Superintendent Mike Shaw, Deputy Wastewater Superintendent Chris Round, Executive Director of Community Development Marilyn Reba, Senior Planner Dave Hatin, Director of Building & Codes Chuck Rice, Facilities Manager PRESS: Glens Falls Post Star Supervisor Brower called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JAMES MARTIN RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 150,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters as the Queensbury Board of Health. Duly adopted this 2nd day of April, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEPTIC VARIANCE APPLICATION OF TERRY KARANIKAS BOARD OF HEALTH RESOLUTION NO.: 12,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Terry Karanikas has applied to the Local Board of Health for a variance from Chapter 136 to allow a seepage pit to be installed on his property and extending a distance often feet (10') into adjacent Homeowner Association property instead of installing the seepage pit at the required ten feet (10') setback from the property line on property located at 19 Queens Way, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on April 23rd, 2001 at 7:00 p.rn. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Terry Karanikas' septic variance application concerning property located at 19 Queens Way, Queensbury (Tax Map No.: 70-4-19) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet ofMr. Karanikas' property as required by law. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH BOARD OF HEALTH RESOLUTION NO.: 13,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR IT'S ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 2nd day of April, 2001, by the following vote: AYES: Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES: None ABSENT: Mr. Stec REGULAR SESSION PUBLIC HEARING - Purchase of 2001 Brush Truck By Bay Ridge Volunteer Fire Company, Inc. Notice Shown 7:07 P.M. SUPERVISOR BROWER-Is anyone here representing the fire company? COUNCILMAN BREWER-Pick one. SUPERVISOR BROWER-Please come forward and introduce yourselves please, to the public. MR. CHUCK MELLON, SR-Chuck Mellon, President, Bay Ridge Volunteer Fire Company. MR. CHIP MELLON, JR-Chip Mellon, Fire Chief, Bay Ridge Volunteer Fire Company. SUPERVISOR BROWER-Good evening gentlemen. MR. MELLON, JR-Good evening. SUPERVISOR BROWER-We had you at our workshop session last week and you expressed the need to replace a brush truck is that correct? MR. MELLON, JR.-Yes. SUPERVISOR BROWER-For the reasons that the brush truck you currently have is overloaded when you have the water unit attached to it. MR. MELLON, JR. -There's actually a couple of different issues. The current, the four-wheel drive unit that we use for EMS and Fire calls, brush fire calls, the skid unit on that is overloaded as it sits and more importantly, the 1982 FMC Brush Truck that we have, we've had some mechanical problems that requires that we replace it as soon as possible. So, it's kind of a combination. The skid unit will come off the one vehicle and go on the new brush truck and then the FMC Brush Truck would be replaced at that time. SUPERVISOR BROWER-One question I haven't asked is what mechanical problems have you been experiencing with that brush truck, the 82? MR. MELLON, JR.-Okay, the problems that we've had, the pump parts, we've had some pump problems. The pump is manufactured by FMC Corporation that's been out of business for several years, so locating parts is very difficult if not impossible. We have problems with the water tank leaking and it will require several thousand dollars to replace, it can't be repaired. The transmission clutch is worn out and needs a very soon, needs to be replaced as well as the body and frame are deteriorating due to the age of the unit and rust. SUPERVISOR BROWER-Anything further to add, Chip or Chuck? MR. MELLON, JR.-Basically, if you have any questions, we'd like to answer them. We've provided the required documentation, an explanation letter, a little bit more in depth, the specifications for the new apparatus. As far as our replacement schedule, we are in a replacement schedule for this vehicle and we have noted that in prior five-year capital replacement plans. So, if you have any further questions, we certainly would try and answer them for you. SUPERVISOR BROWER-Whose decision was it to buy the existing, the truck you're taking out of service as a brush truck? MR. MELLON, JR.-That was the fire company membership back in 1981. SUPERVISOR BROWER-And they knew you were buying the truck separately from the skid unit at that time? MR. MELLON, JR.-I don't follow your question. MR. MELLON, SR.-You mean this new truck? SUPERVISOR BROWER-No, the truck that's creating the problem, requiring action tonight? MR. MELLON, JR.-Okay, we actually have, there are two different trucks we're talking about. The 1982 FMC unit is the truck that will be replaced. The new chasis, the current skid unit that we have was on our 1997 Ford, the skid unit is coming off that truck and will be going on the new chasis. The existing 97 Ford we found was approximately three to four thousand pounds overweight with that unit on so we felt the best way to do, would be to replace the vehicle, buy a new chasis not a customized fire truck because we have the existing skid unit that still works and we can put that on the new chasis. So, basically the end result is that we're saving approximately forty-five thousand dollars from our original five-year replacement plan. COUNCILMAN MARTIN-That's great. MR. MELLON, JR.-Does that answer your questions, Dennis? SUPERVISOR BROWER-Yes, it does. MR. MELLON, JR.-Okay. SUPERVISOR BROWER-Any other questions from board members at this time? COUNCILMAN BREWER-The 82 truck, you're going to just whatever you get out of that, you get out of it? MR. MELLON, JR. -Yea, we don't have a marketable value because of the condition of the apparatus. So, basically what we will do is market it, we're going to contact some used fire truck manufacturers to get an idea of what it's worth and then we'll proceed from there to see what interest, if any is out there. COUNCILMAN BREWER-And what do you do with that money if you do sell it? MR. MELLON, JR. -That money will probably go back in, that has to be decided by our membership but I would guess it would go back into our general fund and be used to reduce expenses, whether it be COUNCILMAN BREWER-Reduce expenses on this? MR. MELLON, JR.-It could be for that or the other thing it could be, possibly to reduce expenses on the new building project. COUNCILMAN MARTIN-So, how are you doing in terms of your apparatus needs, are things, you know on schedule and after this, what's the next thing you know in terms of the age of the vehicles that's coming up? MR. MELLON, JR.-Okay, the next vehicle to be replaced would be in 2003, that's our tanker and then we've got regular replacement schedule down the line, the next truck would be 2008, 2012 and 2015, I believe but we're on schedule with the other trucks, yea. COUNCILMAN MARTIN-Okay. In terms of your service needs, do you see any need in the coming years for a net increase like, you know, a new apparatus or a new piece of equipment you know, with the increased number of calls or anything like that? MR. MELLON, JR.-Not other then what's already called for in our replacement schedule. COUNCILMAN MARTIN-Okay. MR. MELLON, JR.-We're not talking about adding an additional piece over what we have, is that what you're asking? COUNCILMAN MARTIN-I know you're not but I mean is there any forecasted thing that you can see with increased number of calls or anything like that, anything that we can begin to plan for? MR. MELLON, JR. -The only other thing that we are still continuing to discuss and leave on the table, in 1996 MMA Study suggested that the town fire companies purchase two additional arial devices. One, the first one should go, or one should go in our department and one should go in West Glens Falls. West Glens Falls has purchased a unit. Down the line, that would be the next consideration but at this point, that's not a serious consideration because of some of our other needs, the new building being the primary goal at this point. COUNCILMAN MARTIN-Yea. No, I understand, I just wanted to when we're talking about vehicles, I want to make sure of it. Okay, I have no problem and I think you've gotten basically twenty years useful life out of this vehicle, that's a pretty good track record cause I know we have one following you here for North Queensbury and they're roughly about the same vintage with what they're doing although it is a different piece of equipment. We're seeing about the same useful life out of these things. So, it seems like its time. COUNCILMAN BREWER-Well, that's a 76, Jim. COUNCILMAN MARTIN-Well, basically, I mean, you know they get varying amounts of service and things but anything in that twenty, twenty-five year range is, it's time. COUNCILMAN BREWER-Okay. SUPERVISOR BROWER-Thank you. Any other questions at this time from Town Board members. COUNCILMAN BREWER-I only want to make one more comment, that I think that if you do get a substantial amount of money, five, ten thousand dollars, that we could try to pay down the debt on this truck. Is that agreeable with everybody? MR. HENRY HESS, COMPTROLLER-There's no debt on this truck. It's a cash purchase. COUNCILMAN TURNER-Yea. COUNCILMAN BREWER-Alright, then we'll apply it to the building or the truck fund or whatever. COUNCILMAN TURNER-Yea, either way, that's what they said. COUNCILMAN MARTIN-Yea, I'd like to see it put in the truck fund. COUNCILMAN TURNER-Yea, I'd put it right back in where it came out of. COUNCILMAN MARTIN-Right. COUNCILMAN BREWER-Okay. COUNCILMAN MARTIN-But we can talk about that, we'll see how you do. MR. MELLON, JR.-Right, okay. SUPERVISOR BROWER-At this time I'd like to acknowledge Controller Hess, do you have any information for us, Mr. Hess? MR. HESS, COMPTROLLER-There's three, three transactions in front of you tonight and I made a sheet up but in front of you there's three colors because you've got three of them coming but the buff one, sort of is a brief summary as to how this transaction will look as it affects the purchase and the affect on the restricted vehicle fund. Dick Bilodeau has communicated with me a couple of times in writing, I haven't had a chance to talk him although I tried to reach him this afternoon by phone, it's not a fatal flaw in the accounting because they do have the cash to pay for this truck. But there is a discrepancy in the accounting for that fund that I can't just resolve without speaking with Dick. We're about eighteen thousand dollars off and we, I and we need to get that resolved and I'd like to, if you approve the purchase, I'd like to make it contingent upon getting the accounting difference worked out with the fire company on a restricted reserve funds because they are funds that are held in trust for the, for the town. COUNCILMAN BREWER-Are there questions that could be answered here tonight? MR. HESS, COMPTROLLER-I don't think so, we've tried and I think Dick, Dick is the one that has the records on that and I just need to sit down with him and I haven't been able to do that. MR. MELLON, SR.-He was down here Friday to see you but he's out of town today and he won't be back until probably MR. HESS, COMPTROLLER-Yea, that's what I found out. When is he coming back? MR. MELLON, SR.-He'll be back tonight by nine-thirty. MR. HESS, COMPTROLLER-Okay, that's fine. MR. MELLON, SR.-He's out in Syracuse. SUPERVISOR BROWER-The only other comment I have is that I received in addition to a letter from Dick, I got your letter Chip, your three page letter, I thought that was out of line. MR. MELLON, JR.-Why do you think that, Dennis? SUPERVISOR BROWER-Why do I think that because the Town Comptroller is here to manage the finances of the Town of Queensbury to protect the taxpayers of the Town of Queensbury and when you start saying you want to go around him to board members, I get annoyed. I just want that on the record. MR. MELLON, JR.-What do you mean by going around, Dennis? SUPERVISOR BROWER-Well, let's see, maybe I can use your words. MR. MELLON, JR.-Okay. SUPERVISOR BROWER-I know it's here. Actually, in actually, more appropriately, I'd like you to read this letter into the record, since you wrote it. MR. MELLON, JR.-Sure. SUPERVISOR BROWER-At this time. COUNCILMAN MARTIN-I think that would be very appropriate because, I'm glad to have received the letter myself. MR. MELLON, SR. -This is not just from Chip, it's from myself representing our fire company. MR. MELLON, JR.-I have a letter dated April 1st to Supervisor Dennis Brower. Dear Dennis, we are writing you regarding several issues involving the Bay Ridge Volunteer Fire Company and Town of Queensbury. The first issue addresses alleged financial improprieties of Fire Company Treasurer Richard Bilodeau made by Comptroller Henry Hess per your conversation Friday March 30th with Mr. Bilodeau. The allegation that he is "playing shell games" with our truck replacement fund is preposterous and in our opinion, possibly slanderous. In is eighteen plus years as treasurer no other Town Board member has questioned Mr. Bilodeau's integrity or competence. Mr. Bilodeau's letter to Henry Hess dated March 17th, with bank statement attached and again March 31st explains how and why the funds were deposited into the truck replacement fund. A simple phone call from Mr. Hess could have resolved this alleged discrepancy long ago. You will also remember that Monday, March 17th, 2001 Chief Mellon and Doug Coons met with yu regarding our proposed purchase of a replacement brush truck. At that time we presented you with information detailing our plans for purchase of this unit. We accompanied you to Comptroller Hess's office to discuss this. Mr. Hess advised us that he was busy and would get to this later. We told Mr. Hess and you that we would be happy to answer any questions, just call us. However, we heard nothing until Friday afternoon, March 30th. If Dick Bilodeau had not stopped in to meet with you and Henry Hess who was out of the office, to try to resolve any concerns, then we would have been blindsided by Mr. Hess' allegations Monday evening at the public hearing. In our opinion, this is not the proper way to conduct business and we feel that this is one more way that Mr. Hess has been less then helpful to our company. The second issue that we must address concerns the number of brush trucks owned by Bay Ridge. You informed Mr. Bilodeau that you believed we already possess two brush trucks. Bay Ridge does notnow and will not in the future have three brush trucks. The only, correction, the one existing brush truck, Brush 321 will be replaced by the new truck to be purchased as outlined in our March 17th, 200 1 letter to you. Rescue 120, our second four-wheel drive will no longer carry the existing skid unit but will still be used for EMS calls and water, ice and rope rescues. The new truck to be purchased will carry the existing skid unit. All of this was detailed in our March 17th, 200 1 letter to you as well. The third issue concerns proposed contract revisions that are currently in progress between Town Counsel Bob Hafner and Fire Company Attorney Paul Pontiff under the direction of Comptroller Hess. We wonder why we are negotiating with the Town Comptroller rather then the Town Board members as we have in the past. We did not realize that contract negotiations fell within the duties of the Comptroller. Regarding these discussions, the Comptroller has advised us several times that the Town Board has requeted the proposed language changes. However, when we contacted three Town Board members, they said that they were unaware of these proposed changes. Here are three examples of the new language proposed by the comptroller. Number one, a leasing clause stating that we can not lease items more then twelve months. Two, a clause regarding when we have to vacate the Sunnyside Road facility. Three, Town Board approval will be needed for purchases over twenty-five thousand dollars. This used to be fifty thousand dollars and still is the amount the other four companies' current contracts. This proposal seems discriminatory against our fire company. Fortunately our Fire Company and town have competent attorneys in Paul Pontiff and Bob Hafner respectively. We are optimistic that the contract language will be resolved very soon without the need for another public hearing in accordance with the opinion of Bob Hafner. However, we are forced once again to retain attorney services for most fire company matters involing the comptroller's office. As you know, this can be expensive at taxpayer expense. We do not feel that the comptroller's role is to micro- manager our fire company. There have been several other situations during the course of our building project when we believe we have been treated less then respectfully by the comptroller, or is the correct title controller. We are confused as we thought that Mr. Hess was hired as comptroller but answers the telephone Controller Henry Hess and a sign outside his office says controller. Please advise us as to what his exact title and job description is so that we may properly address him. Thank you. Once again, we invite you to come to our facilities and see our apparatus and equipment. At that time you will see how we use and maintain our facilities and you may ask questions and receive explanations. In closing, we the members of the Bay Ridge Volunteer Fire Company are not the enemy and should not be treated as such. Like every other paid employee of the Town fQueensbury, we unpaid professionals have ajob to do. According to the bylaws of the Bay Ridge Volunteer Fire Company, Incorporated our role is "to suppress and control fires, perform extrication at motor vehicle accidents, water related emergencies and any other situation in which the fire company, it's manpower or equipment may be of assistance". We try to do the best that we can for the community. We believe that dealings with Town Officials need not be in a hostile environment. We also would appreciate the courtesy of a phone call for any explanations that you or any employee might need. We believe that we can justify what we do and why but we have to be given that opportunity. Please contact us if you have any questions and we look forward to your continued support of the Fire Company. Thank you. Firematically, Charles T. Mellon, Sr., President and Charles T. Mellon, Jr., Chief. SUPERVISOR BROWER-Thank you, Chip for reading that. Since the bulk of this letter really pertain to Comptroller Hess, I'm going to ask him if he has any response at this time. MR. HESS, COMPTROLLER-I'd like to respond to the items in there that are significant. There are a few that really are not. And I'm sure they were written without the idea of having to read them into a public record, I'd have been embarrassed if I had to have done that. Regarding the word blind, excuse me, shell games. I got a letter today from Dick Bilodeau claiming that I had made a statement that they were playing shell games and that SUPERVISOR BROWER-I made, I made that statement. MR. HESS, COMPTROLLER-That never, that word never crossed my mouth. SUPERVISOR BROWER-I made the statement, let's clarify that. MR. HESS, COMPTROLLER-I was describing to the, to my supervisor which happens to be the Town Supervisor as circumstance where I couldn't reconcile a financial statement having to do with this transaction. I said here a little while ago, it's not fatal to the transaction but I need to get it reconciled, it's an accounting error. I haven't seen your financial statement this year. You're going to spend money out of this fund that the Town Board is going to authorize and I feel compelled to, to make sure that those numbers balance. They don't balance. I was telling the supervisor about the circumstance. I get a letter today, a very deceitful letter claiming that I said that that you were playing shell games and that never occurred. That never occurred. As far as blindsiding you tonight, if you think I was going to do that, when was I, I didn't do that. I came in here and I'm here to enable your transactions and we tried to do that. The fact that I haven't had the information to reconcile your accounts, s not really a problem of mine. It's one of the things that you have to bring to me. You've known that for some time. I need the information. Phone calls won't do it. As far as the call to Dick Bilodeau, the day that we discovered we had the problem, was the day that Chuck and Chip were both in my office and I said, I have a problem with this transaction. I said, they said fine, I'll go tell Dick, Dick will contact you. When I head from Dick it was by letter saying why didn't you just call me and it was sort of a derogatory type of tone. I'm not sure where this is all come about. If you can point out a situation where I've tried to defeat any of your transactions, I don't think you've done that yet and I don't think you're going to be able to. I do, I work on behalf of the Town Board. I never said to Paul Pontiff or to Bob Hafner or to Chuck nor to Chip nor any of your members, that I'm saying this because the Town Board told me to say it. I'm negotiating on behalf of the Town Board. The terms ad conditions that I think are fair for the contract. You have a right to agree. You have a right to disagree and you have a right to appeal directly to the Town Board whose going to approve the contract. But I have to do what I think is right. We have a couple of situations here. One, regarding this restricted vehicle fund and why we're so fussy about it is because in 1998 the Fire Company spent forty-four thousand dollars out of that fund that was unauthorized. We're in the process, you're in the process of paying that back to raise nine thousand dollars a year which is a very generous offer that came from my office to help to get you out of that deal. You paid back nine thousand last year. You claim you paid back nine thousand this year, I haven't seen it. We're working with you to get that done. That's not, that's not defeating your purpose that's trying to help you along. This building you're talking about. The reason we're looking at the terms of your transactions so closely is cause you don' have a nickel going into it. We're buying; we're negotiating to buy one of your firehouses to give you the capital so that the bank can make the loan. We're going to absorb the total debt service of a million eight for a fire company that has twenty-five members and MR. MELLON, JR.-Forty-six. MR. HESS, COMPTROLLER-and no equity in, well I, okay, the records we have in my office were less, the equity in the two fire houses you have now is next to nothing, it's the amount that the town is negotiating to buy them for and so, I'm only looking out for the interest of the taxpayer. You're right, I'm not looking out for the interest of COUNCILMAN BREWER-We're only buying one of them, right? SUPERVISOR BROWER-Let Mr. Hess continue then you can ask questions. MR. HESS, COMPTROLLER-Yea, we're talking about buying one of the firehouses, the other one, there's no equity in it. I mean, we're saying, the total equity in the two fire houses of what we're paying because right now the appraisal on the other fire house, is that we'll be lucky to get out of it what they, what is owed on it. So, that means all the equity is in the one that we're to buy. And am I looking out for the interest of the taxpayer on a very close transaction, exactly I am and I can't apologize for that. Apologize to you if I've offended you in some way. It certainly had been unintentional but I am trying to accommodate your needs second to the needs of the Town Board and the taxpayer and I don't think I've done anything to violate their trust nor yours either. SUPERVISOR BROWER-Thank you, Mr. Hess. Any comment, Chip? Chuck? Board members? MR. MELLON, JR.-No, I don't think it's necessary. MR. MELLON, SR.-No, I don't think so. COUNCILMAN BREWER-I don't know, maybe it's not a big concern or not, but I don't, about the three items they talk about in your negotiations, I didn't know anything about them. MR. HESS, COMPTROLLER-No, you wouldn't yet cause I don't think Bob has brought you the contract yet. COUNCILMAN BREWER-Why are we changing their contract and not everybody's, I guess? MR. HESS, COMPTROLLER-Well, we have to change their contract because they can't afford the bank debt service payments on a building until we get a contract amendment. The bank will not lend them money on a building until they have a way of repaying the debt. SUPERVISOR BROWER-Henry's basically trying to protect the interest of the town, Tim. COUNCILMAN BREWER-I understand that. SUPERVISOR BROWER-Okay. COUNCILMAN BREWER-And I don't dispute that. SUPERVISOR BROWER-Alright. COUNCILMAN BREWER-But I'm saying there's things in here that are changed in the contract and I thought all the contracts were pretty much standard and this one's different, I think we have a right to know that. COUNCILMAN MARTIN-Yea, but what is really annoying about this Dennis is and even just the tone in your voice when you just said that, is you're coming across is like, these individuals who are working in the fire company are not here in the interest of the town. That's how it's being perceived, whether it's right or wrong, that's how it's being perceived. SUPERVISOR BROWER-Jim, we probably wouldn't even have had the discussion if it hadn't been for this letter. COUNCILMAN MARTIN-Well, they point out SUPERVISOR BROWER-Which I received today. COUNCILMAN MARTIN-They point out how the message is being heard. Not that the message is wrong, not that the message is not in the best interest of the taxpayer, that's what we're all here for and I mean all and it's the perception that's being received in a part of the company members that it's we versus them. That is disturbing to me. SUPERVISOR BROWER-Well, I'm glad it is. I'm glad it is to this degree. When the Fire Company went into the consideration of a new firehouse and we knew what the debt would be, one of the considerations was to try to put off vehicle purchases for a few years, if at all possible. We're actually expediting vehicle purchase in this particular case. Now, I grant it's probably justified because there could be a safety problem having the vehicle on the road. But how the vehicle came about occurring in the first place was the purchase of a truck and the purchase of a skid unit which together exceeded fifty thousand dollars, which is the town limit before a company has to come for approval. I view that and Dick argued with me but I viewed that as a method of circumventing the rule of the town that if something goes, is under fifty thousand they don't have to come to the board to spend firematic money. Now, I could be totally and fully wrong. I could be a hundred percent wrong but that's my perception. Percepton is reality, unfortunately and so, I was concerned and I brought my concerns to Dick's attention. I told him it looked like it was a shell game to me, I was concerned about it, he explained his side of it and he said he would get us a letter that explained it in detail, it would be very clear and factual. And what I got, in addition to his letter was the three page letter that really kind of accused Henry Hess of, I don't know what it accused him of. It accused him of butting his noise into fire company and town business, I guess and I view that as totally inconsistent with his job. His job is to protect us as Town Board members, the public trust and the fire companies. He worked very well with the fire companies in establishing a repayment program and if you're offended about it, I'm sorry, I am not COUNCILMAN MARTIN-I don't think that you are. SUPERVISOR BROWER-going to apologize for the tone that I've taken this evening and with that, I will entertain a motion from a board member. COUNCILMAN MARTIN-Well, I just want to, I'm, I want a final word here. SUPERVISOR BROWER-Please. COUNCILMAN MARTIN-I, that's not how I perceive the letter, I don't think that's the meaning of the letter and I will appeal to these gentlemen to clarify that as they wrote it. But as a reader of the letter, what I read is, they're not taking offense or question or issue with Henry's job and his involvement in these things in terms of looking out for the taxpayer good. They're taking issue with how the message is delivered and the tone of the message. They're not questioning his, that's what he should be doing and I'm glad he's doing it. I'm just saying and I've said this many times, it's not the message we have to say, it's how we say it as public officials that is very important. MR. MELLON, JR.-Dennis. SUPERVISOR BROWER-Yes, sir. MR. MELLON, JR.-We've said all along that if you have any questions about anything, if you want to question what we do, why anything, just ask. We have heard nothing until Dick; you know Dick Bilodeau's conversation with you Friday that there was even an issue about replacing this vehicle. It's been about three weeks, two or three weeks now that all you members, all the board members and Henry have had the information. The only person that had any issues that I know of was Ted and I addressed those concerns to him and it had to do with the, you know, chasis information, things like that. We haven't heard anything from anyone else. So, if there was any concerns, we wouldn't be at this point if we had heard you know, if we had heard there was a problem before now. You know there's no reason anybody can't just make a phone call. And what Henry was referring to earlier, his records show that we have about half of what our records show for the truck replacement fund, at that point, he did, he basically was lleging that the figures didn't add up. Instead of just saying, look, let's get a hold of Dick, you and him can sit down with Dick, we wouldn't be here where we are with this type of tone if that had transpired. MR. HESS, COMPTROLLER-Well, let me, let me just say, that, I don't, see that's not the issue, my records don't reflect half, my records are eighteen thousand and I said, it's not a fatal flaw. I don't have a problem with you; I've never voiced a negative word about you buying this truck. To this minute, I don't have a problem. All I want to do is find that eighteen thousand dollars. It's in their some place, Dick and I just have to get together and find it. I'm not speaking against your truck and haven't, haven't from day one. MR. MELLON, JR.-I understand that, what I'm saying is that, if you and Dick had been able to get together, Dick is a person that is very easy to contact during the day, he might not get right back to you but he can get back to you. He has not received any calls looking for that information. MR. HESS, COMPTROLLER-I've had no reason to try to pursue it because that is not an obstacle of this transaction. MR. MELLON, JR.-Okay. MR. HESS, COMPTROLLER-Until you made it one. MR. MELLON, JR.-And then the other issue that I'd just like to clarify, Dennis, our original truck replacement schedule was for 2000, year 2000 to have this replaced. You're right, in our five year plan, we agreed to wait until the end of 200 1, 2002 to replace this vehicle and if you refer to the five year plan, it spells it right out that we will hold to that unless we have a problem that demands that we do sooner and that's basically where we are. I know it's confusing because we're actually, we're replacing our old truck with a part from a newer truck and I think maybe that's, am I right? SUPERVISOR BROWER-Yes. MR. MELLON, JR.-That's part of the confusion. SUPERVISOR BROWER-Yes, yes, it was part of the confusion and I fully acknowledge that being the old truck is twenty years old and it's difficult to get parts that you probably do need to replace it and I understand you're not, you're not getting rid of the one, the last one you purchased because you're going to use it as a first response vehicle. So, I understand that and I appreciate that and frankly, I support it even though, the tone may not sound like it. MR. MELLON, JR.-Right, I understand that but SUPERVISOR BROWER-But, I've got to tell you, this, your letter was a surprise to me and I just kind of viewed it, I was quite hot when I read it, I was like, wow. MR. MELLON, JR.-Well, if you'd like to sit down some point, another time, have me come down and talk to you, I'd be happy to. SUPERVISOR BROWER-Okay. MR. MELLON, JR.-Maybe we can get things ironed out between you and I, that's fine. SUPERVISOR BROWER-Alright. COUNCILMAN MARTIN-And that's what I'm advocating, let's have regular amicable communication. There is no need for this, for this tone on either party. We're all here trying to do the same thing. SUPERVISOR BROWER-Well, there are, there are still issues, you know, I mean this is one issue and we should look at it by itself but I'm looking at the big picture and I'm looking at your new fire house that you want and I'm looking at the senior's request for space in a fire house possibly and I'm also viewing the fact the interest rates are probably going to be at the lowest point they've been in many, many years. MR. MELLON, JR.-Right. SUPERVISOR BROWER-So, that financially it probably makes a lot of sense to pursue something like this at this time as opposed to postponing it for the future. But, I like to be honest with you and up front and you've been up front with me and I do appreciate it. At this time, I'd like to entertain a motion from a board member. DEPUTY TOWN CLERK BARBER-Well, you need TOWN COUNSEL SCHACHNER-Have you had a public hearing yet? SUPERVISOR BROWER-Oh, jeez, excuse me. I guess, I got carried away. Thank you, Mark. Thank you gentlemen. At this time, I'd like to ask if anyone in the public would care to come forward and speak on behalf of this particular purchase? Thank you. Yes. MR. GEORGE STEC-Good evening Mr. Supervisor, Council Members. SUPERVISOR BROWER-Good evening. MR. STEC-My name is George Stec, George Stec; I live at 245 Butler Pond Road here in the Town of Queensbury. I'm here and these comments I am about to make are on my own. It's hot here tonight. I think Dan, with the situation in China with the plane, the espionage plane being down on China soil, I think he's a little hot too. I'm, I am in full support of this purchase. Some of you are aware of the fact that I'm a retired State Forest Ranger having worked in that capacity for twenty-eight years here in this town. I'm aware of the situation with regards to the number of fires, the kind of fires and the equipment that is needed. Currently, Assemblywoman Little has a bill before the legislature whereas the, she want's the state to pickup the full suppression cost of all fires in the State of New York. Currently the town's, I mean, the counties pay fifty percent and the state pays fifty percent. What's very important is that and our people fail to recognize this fact that it's the initial attack, the inital response to get to that fire and to put the fire out while it's little. All big fires start out as little ones. There had to be a match, a spark, car, fire, house fire, they all start small. They don't get the attention. They don't get the credibility. Hey, we saved fifty thousand dollars, a hundred thousand dollars. When the fires get large and you're talking the western fires, three hundred thousand acres, five hundred thousand acres, millions of dollars in suppression costs. They're the ones that get the headlines. To me, they're the failures. The successful fire suppression efforts are the initial attack and the brush truck, in this town, is very, very necessary. I don't know if you're aware of it but the State of New York no longer has the ability or the capability to fund and maintain brush trucks, per se, as we're aware of that we've had in the past. That's a thing of the past. Years ago, in Warren, Washington, and Saratoga Counties, we had fifteen forest rangers. Every forest ranger ha a slip-on unit on the truck. When a fire came up, they responded initially and it got the fire while it was little. Now, twelve, fourteen forest rangers in these three counties and you might find three slip-on units on a truck. The state is replacing them and the nature of the job has changed so much that fire suppression has taken a backseat as to some of the activities that they're involved in. It is very, very necessary to have a dependable vehicle to respond to that fire on the initial attack. And let's keep in mind that here we have, we are fortunate to have a county airport serving this region, a county airport and a lot of these takeoffs and landings are in a north- south direction with French Mountain and with the Bay Ridge Fire Department beneath the flight plan. When the plane goes down and they have in the past and it's sad to say, they're going to go down in the future. As you're noticing increases, the frequency for an accident is going to increase. Bay Ridge, North Queensbury, the north-outh flight path are right in the path, they're the ones that are responding initially and it's nice to have a four wheel drive vehicle. And everybody, well, a lot of people have four wheel drive vehicles, a lot of people have ATVs but they don't have the water capacity and should it be fire season when the snow's gone, until it comes back again, should a plane go down, it will be nice for a four wheel drive vehicle to respond to that downed aircraft but on the other hand, have fire suppression equipment aboard to possibly put out a fire near the plane while it's small and help the survivors, if there are any. Many years ago, before we came into contract between the town and the fire departments, these volunteer fire departments supported the Town of Queensbury. Everything they purchased was by gift or fund raising. The volunteers did everything. Then we came to a point where we're in contract and we're getting funding from the town. Wonderful. But at one point, it was the volunteers who raised the nmey themselves and put out the fires to keep the town going. Now, the town has to support the volunteers. The demands of those people is tremendous as you all know. OSHA comes in, demands a lot of things. But, in my opinion, in this area with French Mountain and West Mountain and the aircraft and with the outdoor use we're getting today, I don't feel and with the state slacking off on fire suppression vehicles, it's fully back on the shoulders of the volunteers and if the volunteers realize that we need this equipment and we need dependable equipment. Not the patched up equipment, not modified, surplus, military equipment. If this is what they want, they know the needs, I think the town should (pay close to that)? and do the best to accommodate them at this request. This is not a parade people are looking for. Question, Dennis. SUPERVISOR BROWER-May I ask you, how many forest rangers do we have now, in New York State, do you have any idea? You said fifteen thousand at one time. MR. STEC-No, no. COUNCILMAN MARTIN-No, fifteen in this county. SUPERVISOR BROWER-Oh, fifteen in the county. Oh, excuse me, I thought you said fifteen thousand. MR. STEC-No, in region. In Warren, Washington, Saratoga counties, when I came aboard there was fifteen. SUPERVISOR BROWER-Fifteen. Now, there's three or four? MR. STEC-And each forest ranger was assigned a geographic area for administrative purposes and fire suppression. Now, they've got some new dude down in Albany and he decides that the forest rangers aren't going to have this assigned geographic area, it's a consolidated pot. You don't know who your forest ranger is. You may a call to Warrensburg... you don't know whose coming. The ranger you may get here may come down from Schroon Lake, he may come from Thurman and he may come from Salem. You have no idea who you're getting. Years ago if you wanted the ranger in Queensbury, everybody knows, call Stec that's the ranger in Queensbury. If you're in the Town of Moreau, call Stec. Now, you don't know who your ranger is and you don't know where is coming from if he's coming and when he's coming. It's changed that much. The forest rangers job of today is not the forest ranger job of when I retired and everybody tells me, I got out at the right time. Any questions? COUNCILMAN MARTIN-No thanks. COUNCILMAN TURNER-No. SUPERVISOR BROWER-No, thank you, George. COUNCILMAN BREWER-What's your phone number? SUPERVISOR BROWER-Would anyone else like to comment on this public, during this public hearing? No, quiet crowd tonight. Okay, on that case, we'll close the public hearing and at this time, I'll entertain a motion from a board member. PUBLIC HEARING CLOSED 7:45 P.M. RESOLUTION APPROVING PURCHASE OF 2001 BRUSH TRUCK BY BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 151,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury and the Bay Ridge 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 has advised the Town Board that it wishes to replace its 1982 FMC Brush Truck by purchasing one (1) 2001 Ford F-550 Chassis with Stahl Grand Challenger Body (Brush Truck) for the approximate sum of $60,000, and WHEREAS, the Fire Company reports that it presently has approximately $140,000 in its restricted vehicle fund and plans to purchase the new Brush Truck by using approximately $60,000 of such funds, and WHEREAS, on April 2nd, 2001, the Town Board held a public hearing, heard all interested persons and the Town wishes to facilitate the financing on behalf of the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the purchase of one (1) 2001 Brush Truck comprised of a Ford F-550 Chassis from Vittengl Ford and a Stahl Grand Challenger Body from Arrowhead Equipment, Inc., for the total sum of $60,000 by the Bay Ridge Volunteer Fire Company, Inc., with the understanding that the Fire Company will pay for the Brush Truck by using moneys from its restricted vehicle fund. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Stec Councilman Brewer-Thank you for the job your doing. Supervisor Brower-Thank you gentlemen. Councilman Martin-As always, Thank you. PUBLIC HEARING - Purchase of 2001 Saulsbury Pumper by North Queensbury Volunteer Fire Company, Inc. Notice Shown 7:46 P.M. SUPERVISOR BROWER-Good evening, gentlemen. MR. DAN DAVIES-Dan Davies, 2nd Assistant Chief. SUPERVISOR BROWER-Hi Dan. MR. FRED MC KINNEY-Fred Mc Kinney, Board of Directors. SUPERVISOR BROWER-Thank you, Fred. MR. D A VIES- I just want to read a brief statement. Weare here to request the purchase of a new water supply pumper to be manufactured by Saulsbury Fire Equipment. This will be a replacement of an existing 1976, twenty-five year old pumper that we currently have. It would be a thousand gallon per minute UL certified pumper and would be, meet all National Fire Protection Association and Department of Transportation Standards. The committee has spent three and a half years and many man-hours researching and developing the truck, meeting with eight different manufacturers and over thirty meetings. This is a replacement only. We are not adding to our fleet. It is a part of our long-term capital plan that we gave the town five years ago. We will continue to work within the plan. It will make us debt free by the year 2008. We are not asking for any additional budget increase now or in the future. The total cost of the truck will be two hundred and seventy thousand dollars. We would like to finance a hunded and ten thousand over a four-year term. We have presented the plan and financing options to the Town Controller and determine that Evergreen and Glens Falls National are the most competitive at this point. We request approval of the purchase of the truck and financing of a hundred and ten thousand at a rate of seventy percent of the Federal Home Loan Bank rate plus two percent or better. Basically, we came up with the financing term, we talked to four different lending institutions, two locally and two that are actually involved in fire company and leasing and lending programs and it appears at this point, that those two are the most competitive. The time frame, we need this approval now to order the truck. We will probably not take delivery of the truck until November or December but we actually need the entire package now so that we can move forward with the order. The rate will not be adopted until thirty days prior to taking delivery of the truck. So, it is something that could fluctuate a littl bit. What we want to do is base it on the seventy- percent of the Federal Home Loan Bank rate plus two percent. That's kind of a figure that they think that they can continue to give us and we think that's pretty fair. SUPERVISOR BROWER-Thank you. Any questions from board members at this time? COUNCILMAN TURNER-No. COUNCILMAN MARTIN-I just want to say I was up there, Dan and Fred were kind enough to invite me up one morning, explain the details of the transaction to me and showed me the existing truck that's being replaced and I was very impressed by the presentation. And certainly the age of the truck is there, it needs replacement and they've been very good with their funds, I think they've got a good plan here in terms of their vehicle replacement schedule. SUPERVISOR BROWER-Anyone else? Any other board members? Thank you gentlemen. At this time, I'd like to ask, oh, Mr. Hess, excuse me. MR. HESS, COMPTROLLER-I'd just like to comment on the finances of the transaction. The net purchase is going to be a hundred and ten thousand dollars which is the two seventy less the one sixty from the restricted vehicle fund. The financing, the loan will be a hundred thousand dollars to be paid for over five years. If the loan were to close today, I think it, two weeks ago before the last interest rate lower; it would have been around two point, or five point two four percent. It probably be a little lower today, I don't know what it will be at that time but the debt service on the truck would be around thirty-one thousand dollars a year. Right now, the Fire Company is getting around thirty-five thousand dollars in restricted vehicle funds and the payments from this truck will come out of that restricted vehicle fund. We've done a ten year cash projection or budget projection for the fire company and considering the timely replacement of their fleet, the amortization of their mortgage, retiring debt an keeping their fleet current, through 2010, this fire company will not have an increase in it's budget and that's pretty much a sure thing. Now, there's a caveat to that and that is that that will assume that when the building mortgage is retired in 2008 that the funds that are supporting that will continue to upgrade their fleet of trucks. At that time, they may be in a position that's, that's a few years away; they may be in a position to look at that. But this is the, this is the one company that we can look at and say that there financing plan for this vehicle and the rest of their fleet is very sound and they will have no budget increases for the next ten years. SUPERVISOR BROWER-Dan was nice enough to come in and review his projections for the next several years and I really appreciated it and it looks like you've got things well in hand and I appreciate that. Thank you. At this time, I'd like to ask members of the public if they would like to come forward and address this particular proposal. Mr. Stec. MR. STEC-George Stec once again, 254 Butler Pond Road, Queensbury. I support this purchase, it's a replacement vehicle and when you have mutual aid situations and who knows that one of these new trucks may be the water tanker that's supplying water to the brush trucks like it's happened in the past and I think it's a worthy item and I support it. SUPERVISOR BROWER-Thank you, sir. Would anyone else care to address the board at this time? Mr. Mellon. MR. MELLON, SR. -Chuck Mellon, Bay Ridge. I'd just like to say, I know on behalf of myself and probably all of the members of our department, we support the North Queensbury purchase. This apparatus that they're getting, well replacing, is one which, well the old one, is one that we have used a number of times in mutual aid for our own district and it's been very beneficial to us and it will be to the whole community. As well as they can go off road with this or go to water and get it off any side of the truck. So, I just think it's a great idea. Thanks. SUPERVISOR BROWER-Thank you, sir, I appreciate that. Anyone else care to address the board at this time? How are you doing, Pete? MR. PETE HARRINGTON-Pete Harrington, West Glens Falls Fire Company Director. Our company also is in favor of their purchase of their new pumper. It doesn't just help their company but it benefits all companies in the Town of Queensbury and the town never knowing when that may be needed outside of their district to help whoever not just in the town but also outlining Lake George area. So, our company all is in favor of their purchase also. SUPERVISOR BROWER-Thank you, I appreciate it. Okay, seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED 7:50 P.M. Comptroller Hess recommended a minor modification to the resolution in the first Resolved, tact at the end, "at an interest rate appropriate to the tax exempt status of the Fire Company" ... Town Board agreed and the following resolution was moved with the revision. RESOLUTION APPROVING PURCHASE OF 2001 SAULSBURY PUMPER BY NORTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 152,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the North 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 replace its 1976 Pumper and purchase one (1) 2001 Saulsbury Pumper Truck for the approximate total sum of $270,000, and WHEREAS, the Fire Company plans on selling its 1976 Pumper with the proceeds being deposited back into the restricted vehicle fund, and WHEREAS, the Fire Company plans to use the balance of its restricted vehicle fund estimated to total approximately $160,000 at the time of delivery and enter into a Purchase Lease Agreement with Evergreen Bank for the balance of approximately $110,000 at 70% of the Federal Home Bank Rate plus 2%, and WHEREAS, on April 2nd, 2001, the Town Board held a public hearing, heard all interested persons and the Town wishes to facilitate the financing on behalf of the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the purchase of one (1) 2001 Saulsbury Pumper for the approximate sum of $270,000 by the North Queensbury Volunteer Fire Company, Inc., with the understanding that the Fire Company will deposit its proceeds from the sale of its 1976 Pumper in its restricted vehicle fund and use the balance of the restricted vehicle fund estimated to total approximately $160,000 and enter into a Purchase Lease Agreement for a term of five (5) years for the balance of approximately $110,000 at an interest rate appropriate to the tax-exempt status of the Fire Company, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the incurring on the part of the North Queensbury Volunteer Fire Company, Inc. of financial obligations in the maximum, aggregate principal amount of $110,000 for the five (5) year term, provided, however, that the Town Board shall not and does not by this Resolution create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec Councilman Martin-Thank you gentlemen for all the work that went into investigating that truck. PUBLIC HEARING - Purchase of 2001 Horton Type III Ambulance By West Glens Fall Emergency Fire Squad, Inc. Notice Shown 7:53 P.M. SUPERVISOR BROWER-Good evening. MR. JOE COMBS-Hello, Joe Combs, Board of Director, Ambulance Committee Chairman, West Glens Falls EMS. I come before the board to request purchase of a 2001 Horton Type III Ambulance. Type III means it's the box type you see everybody driving around, it's not the van that you see the commercial service so, just so that people know what a Type III Ambulance is. The ambulance that is being replaced as part of the five year plan that was submitted by previous administrations of the organization, the ambulance that's being replaced is a 1995 Road Rescue brand ambulance. The purchase of this vehicle is going to incur no debt service; it will be from the restricted vehicle fund and will still have additional funds after this purchase is made in that fund. SUPERVISOR BROWER-Questions from Town Board members? COUNCILMAN BREWER-Why does it say in the resolution that they'll be fifty thousand borrowed? MR. HESS, COMPTROLLER-We, I can answer that. You got my communications regarding this. MR. COMBS-Can I address that? MR. HESS, COMPTROLLER-Yea, sure, go ahead. MR. COMBS-The, a letter was sent to us requesting that we consider financing fifty thousand dollars of this purchase. After discussion at our Board of Directors meeting, it was decided that there, we did not see a need to incur any debt and the associated interest and cost of the debt if we had appropriate funds in the restricted vehicle fund to cover it. And another concern that was raised is the purchase of the 1996 ambulance being replaced closely thereafter. We don't foresee that happening for probably for another two years even though they were purchased very close together and in two years, we'll again have ninety thousand dollars assuming that we remain the forty-five thousand dollars a year on our contract and in that time we would still not have to incur any debt for either ambulance. COUNCILMAN BREWER-Okay, let me ask you the question is, why does the 95 need to replaced now and the 96 doesn't need to be replaced for two more years or three more years? MR. COMBS-What we're doing with the additional ambulance is in case people don't know, West Glens Falls is the busiest agency in the town. Last year we did between fourteen and fifteen hundred calls. Something we're looking at possibly down the road is adding a third ambulance which is not completely unreasonable due to the fact that if you look in the surrounding area, you have the Moreau Squad in the Town of Moreau, Town of Fort Edward and Town of Granville, they run three and four ambulances for the same number of calls. So, that is something that we're considering down the road. The ambulance that we have now needs to be replaced, as part of the five-year plan and also the ambulance that we're replacing it with is a significantly better ambulance and will serve our purposes much better. We just happen to be in a position to upgrade ourselves coinciding with the five-year plan. COUNCILMAN BREWER-Okay and this new one that you're buying will last you, how long? MR. COMBS-We're hoping that and compared from being, I've been with other agencies in the area, this ambulance will last longer then the five years that this one did. Horton Ambulances are one of the top of the line ambulances that you can buy. It's kind of like the Road Rescue we have now is, it's an okay ambulance, it does the job, it lasted us the five years. The Horton Ambulance, one agency, the Town of Moreau, they replaced a newer different brand and kept their older Horton because it lasted them so long and worked much better for them. SUPERVISOR BROWER-What kind of mileage do you have on this ambulance you're replacing? MR. COMBS-This one has just over fifty thousand miles on it. But unfortunately, that's deceiving cause fifty thousand miles on an ambulance is a lot different than fifty thousand miles on your typical car cause you're carrying the equipment, you're driving up and down the roads a lot more and like I said, the ambulances are handling close to seven hundred calls a year. SUPERVISOR BROWER-Do they still make the ambulances that look like hearses? MR. COMBS-No, they don't make them any more. SUPERVISOR BROWER-They don't make those. MR. COMBS-People collect them, they're worth a lot of money. SUPERVISOR BROWER-I know you can't stand up in them but. MR. COMBS-No, no, no, I did a couple of runs in an Oldsmobile and they're less then cozy or more then cozy, if you want to put it that way. COUNCILMAN MARTIN-Are you thinking of becoming a Ghost Buster, Dennis? SUPERVISOR BROWER-Any other questions from Town Board members? COUNCILMAN MARTIN-No. SUPERVISOR BROWER-Henry, why did you, just out of curiosity, why did you suggest debt service? MR. HESS, COMPTROLLER-I don't have a current five-year schedule for the squad. I know that the last one I had showed that they were looking to replace a 96 next year and that was a 1998 capital plan. There's been some talk about adding an ambulance that needs to be, occur, so I'm not sure what the time schedule is for that and they've got a 1997 Mercury Mountaineer that is not on, not on a replacement schedule. If they're going to have another purchase or two within the next three years, there's going to be debt incurred some place and I just looked at it, it doesn't make any difference to me whether you borrow the money or not. Now is a very advantageous time to borrow money. So, if there's going to be debt incurred in the next couple of years, now is the time to do it. MR. COMBS-In regard to Henry's concern about the 97 Mountaineer, that's now the, what we did and what most, the other agencies in the town did is the 97 Mountaineer became, quote, the Captain's car. We had bought that outright with vehicles funds in 1997, it was purchased twenty-six thousand so that's why I didn't have to come before you so, the captain got the old vehicle and the new funds that were approved for the captain's car are being used, were used to buy a new medic unit which further served our purposes better. And, as Henry said, we don't have the current five year plan because as everybody knows, there's some discussion as to what the plan is for the West end in general, so we really are kind of in a situation where we don't know what is going on so we don't know really how to plan for what you don't know. MR. HESS, COMPTROLLER-There is enough cash in their fund to pay for this ambulance, there's no doubt about that. MR. COMBS-Right now with our certificates of deposit, we have a hundred and seven thousand dollars in the vehicle fund. We've taken it and we've obviously make our interest on it so the ninety thousand dollars has now turned into a hundred and seven thousand. SUPERVISOR BROWER-Thank you very much. Would any members of the public care to comment on this public hearing? Mr. Naylor. MR. PAUL H. NAYLOR-Paul H. Naylor, Division Road, West Glens Falls. Our first ambulance was a hearse and we sure had a hell of a time getting people in it so let the kids have what they want. SUPERVISOR BROWER-Mr. Stec. MR. STEC-George Stec, Butler Pond Road, Queensbury. I continue to get people stuck in the snow on the roads above my house. I continue to get automobiles rolling all over my driveway. We continue to have snowmobile accidents on West Mountain. There's a big portion in the Town of Queensbury especially West Glens Falls, Queensbury Central that is heavily wooded, a lot of activity, ambulances do respond there often and it's just a matter of time, at some point in time, they may get stuck on some of those rough roads and if that vehicle is stuck in the road and there's an accident on the Northway or at Aviation Mall entrances and this vehicle is going to be tied up for a while and can't get unstuck. I approve the purchase of this vehicle and I hope the board sees so to do it. Thank you. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-Thank you, George. SUPERVISOR BROWER-Anyone else care to address the board at this time? Mr. Mellon. MR. MELLON, JR.-Chip Mellon, Bay Ridge Fire Chief. In the past Bay Ridge has had occasion to use the services of West Glens Falls Emergency Squad at several calls, many of them were accidents where we had multiple victims. They were very prompt in their response and they've been a good asset in addition to the West Glens Falls Emergency Squad district, but the whole district, the whole Town of Queensbury so we would like to support it. SUPERVISOR BROWER-Thank you. Anyone else care to address the board at this time? MR. HESS, COMPTROLLER-I'd like to make just one last comment on this. This is, one of the things we have to watch in town is the total value of the emergency fleet with five fire companies and three emergency squads and we try to make sure that, or we try to work our way toward taking the total value of the fleet, dividing it by it's average life or dividing each vehicle by it's life and determining what the cash replacement needs are going to be and we haven't, we have to work our way up on that. This is the one company that has, that has a revolving restricted vehicle fund that will support their fleet until they add another vehicle. So, until they add that fourth vehicle, the money that they get for fleet maintenance is enough to provide, is enough to support their fleet probably for the next five or six years without an Increase. SUPERVISOR BROWER-Thank you. Okay, at this time, since no one else is wishing to comment in the public hearing, I'll close the public hearing. PUBLIC HEARING CLOSED 8:10 P.M. Councilman Brewer-I would like to introduce the resolution with the amendment that we're not going to have borrow the money, that they're going to use their own vehicle restricted fund to buy the ambulance. Councilman Turner-I'll second it. Supervisor Brower-Second with the amendment? Councilman Turner-Yes. Town Counsel Schachner amended the resolution as requested by the board and the following resolution was proposed and approved: RESOLUTION APPROVING PURCHASE OF 2001 HORTON TYPE III AMBULANCE BY WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 153,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., (Squad) have entered into an Agreement for emergency protection services which Agreement sets forth a number of terms and conditions including a condition that the Squad 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 Squad 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 Squad wishes to replace its 1995 ambulance and purchase one (1) 2001 Horton Type III ambulance for the approximate total sum of $121,3 00, and WHEREAS, the Squad has been guaranteed a trade-in value of $26,000 on its 1995 ambulance and so the net purchase cost of the new ambulance will actually be approximately $95,400, and WHEREAS, the Squad has adequate funds in its restricted vehicle fund for the ambulance purchase, and WHEREAS, on April 2nd, 2001, the Town Board held a public hearing, heard all interested persons and the Town wishes to facilitate the financing on behalf of the Squad, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the purchase of one (1) 2001 Horton Type III ambulance for the approximate sum of $121,300 by the West Glens Falls Emergency Squad, Inc., with the understanding that the Squad will use its restricted vehicle fund for this purchase. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec Councilman Martin-Before you leave, I'd just want to say that I'm impressed by the diligence with which all of the companies that have been before us tonight follow these transactions and they really follow the numbers in addition to doing the work they do and it's very reassuring to see that kind of commitment. PUBLIC HEARING - Small Cities Grant NOTICE SHOWN 8: 10 P.M. SUPERVISOR BROWER-Marilyn, good evening. MS. MARILYN RYBA, SENIOR PLANNER-Hi, good evening. I'm Marilyn Ryba, Senior Planner with the Town of Queensbury Community Development Department. Tonight is the second of two required public hearings to authorize submission of a grant application for small cities program funding. What I have up here on the board is a picture of the target area. It's an area which is east of Veterans Field in West Glens Falls. I had brought this map earlier with, at the first public hearing there were two neighborhood target areas. We really focused on this one primarily because there had been another target area where there had been some money put into the county several years ago. This one also because there's so many improvements that are being planned for Main Street, Corinth Road and there seemed to be some pressures on the very eastern boundary there at Southwestern Avenue, it's bounded by the City of Glens Falls. So, there's some commercial development there and we've had a pretty good return rate with our incom surveys. I think Bob Murray is here from Shelter Planning who is helping write the grant application and he can speak a little bit about that and with that said, I'll turn it over to Bob. MR. BOB MURRAY -Good evening, I'm Bob Murray, I'm with Shelter Planning and we've been working with your planning department to put together the grant application for this target area. I think that, that choosing this particular area was a function of some homework that was done by the town and the town planning office and their discussions and our discussions with the state office, the Governor's Office for Small Cities and I think some of the criteria for picking this area had to do with a number of it's unique characteristics. It certainly has some housing that needs some help. It's got some natural boundaries that reflect the, that make it a neighborhood. It's got some private investment that had already gone in there in the way of new housing. But there is some vacant land, there's, part of it's character is some of the old mobile homes, some of which need help. It's unique as a neighborhood in some respects and we think that that's an important characteristic to have in terms of being successful inthis round of applications for housing rehab funds with the State of New York. The surveys that we've done so far, we've got a good response from the owner occupied units and I'm still waiting for more complete responses on the rental units. There are a number of single family rental units in the area owned by absentee owners and last year when we did this, there was an indication by those owners that they wanted to participate and move to assist those single family housing units and we think that we're going to have the same response this year. So, your program is going to consist of housing rehabilitation grants for homeowners and matching grants for rental property owners, somewhat typical format for a housing rehabilitation program in a designated target area. The grant request is four hundred thousand because that's the maximum and that allows you to do somewhere between twenty and twenty-eight units depending on the exact mix of rental and single family occupied units. Your housing rehab costs are oing to go up because we're faced with some lead base paint rules that we weren't faced with last year. If the rules don't ever go into effect, which is always a possibility but not likely, then you could do more units. That's kind of where we stand at the moment. We're working to finalize the numbers and work with Marilyn to finish our mapping. We think it's got a reasonable chance. We think it reflects the work of your planning office and the conversations they had with the state and we're hopeful we're going to be successful this time. COUNCILMAN MARTIN-When is the submission deadline? MR. MURRAY-April 23rd. COUNCILMAN MARTIN-The grant amounts that you sited are they based on, have you been through some, have you done any work write-ups like, or been through some units to get an idea of what the need is? MR. MURRAY-We went through last year, we went through a number of them last year and all we've done so far is update those costs but, and reflected the lead base paint so that we know we're looking at, you know, anywhere from fourteen to eighteen to nineteen thousand dollars a unit depending on the situation. And the units vary in the degree of sub-standardness in the area. COUNCILMAN MARTIN-Right. I like the idea of starting out of this with a single purpose. I know we tried a very aggressive campaign last year with a comprehensive and we took a shot but I think this is probably a more practical better way for us to start and maybe we can build on this one if we can get this one approved. So, I think it's great and it's Tim's ward, I mean, but I think the needs there and I remember when I was in Chris's position, we used to get calls all the time, people looking for help with some housing needs, you know, repair and so on. MR. MURRA Y-I think the other comment I would make is that the work that the town has done with respect to the areas that are impacting this, Main Street in particular, the Veterans Field and actually the whole Exit 18 corridor, the planning that's been done at the general level and then at the more detailed level certainly supports the concept of the fending and protecting and enhancing this neighborhood and I think that when you add rehab money to it, that will just add to the other activities that the town has already taken to preserve the low to moderate income areas in the town. COUNCILMAN MARTIN-Shouldn't it wave favorably that, now the State of New York, I think since the last round approved the Build New York Now, didn't they? Or was that already MR. MURRAY-That was already in place but it certainly is a factor in terms of you know, the work that the town has done to protect and mitigate any adverse impacts of that industrial development, speak well for the town and it's planning efforts and it serves to show that there are efforts to protect this area and all we need is a little more money to invest in that area. MS. RYBA, SENIOR PLANNER-One of the strategies is showing all of the public dollar amounts that are expected to go in there as well as the private dollar amounts for the commercial and industrial work and part of that is what is left unsaid which is there isn't any housing improvement money that's gone in there from the state and so there's, there's a real blank that needs to be filled. That's one part of it and as Bob said, the other part of it is that it's a real opportunity. There's several generations in that neighborhood that have stayed there. It's interesting because there isn't the type of through traffic that you might normally see which has maintained it as a neighborhood and that's another thing that we're going to stress and the state really wants to see something that we're not going to have to come back and put more money into later on and I think that that's a real key aspect too. That's it's evidence by the fact that you have several generations there that there are people here who really an't afford perhaps to do the improvements that they need to do but certainly will maintain what they do have. COUNCILMAN BREWER-I'd just like to make one comment that I'd really appreciate all your effort Marilyn and Shelter Planning and the whole planning staff. This effort is long overdue and I think we deserve to have it and I think as we keep going we can expand upon it every year and I wasn't going to tell everybody but Pataki is coming here tomorrow night to announce that we're going to get this grant. MR. CHRIS ROUND, EXECUTIVE DIRECTOR-That's the kind of political pressure that you need to put on him, right there. COUNCILMAN BREWER-I'm sure that's just what he needs. SUPERVISOR BROWER-I thought he was going to buyout the Burn Plant. MS. RYBA, SENIOR PLANNER-Unless there are questions, there should be a resolution in front of you which would authorize submission of the grant application and would authorize Dennis Brower as Town Supervisor to sign any of the necessary documents that would be needed. COUNCILMAN BREWER-We have to do the public hearing but then I'll introduce the resolution. COUNCILMAN MARTIN-I just also want to acknowledge Shelter Planning's commitment to the town here and they're not receiving any fee for preparation of this particular application, that was part of the commitment made last year with the first application and I just want that acknowledged. SUPERVISOR BROWER-And Bob, if we're successful, what will the fee be that you'll be paid to administer the grant? MR. MURRAY-That's going to be negotiated with us and you after the fact and I've told Chris and Marilyn that I'm looking for any role that they want us to play, there's no, I have no preconceived notions about how much of any of it, we will do, we'll do, we'll work with you in a way that's most comfortable with your department in terms of providing assistance in the implementation of the program. COUNCILMAN BREWER-I think that's pretty good. MR. ROUND, EXECUTIVE DIRECTOR-It's wide open, my guess is what he's saying, Dennis. I know Dennis is familiar that Warren County administered these types of monies as well and that's how they pay for some of their staff there. The town, my position is, we don't want to get into the business of administering HUD monies. It's an a complicated process, it's a specialized process, it's something Shelter Planning is well versed at, it's something that Warren County has expressed an interest in so that's the direction that we're going to go in, when we're successful with these grants. COUNCILMAN BREWER-Well, in my own opinion, I would prefer to do it with Shelter because they've helped us through the process. The county hasn't helped us through this process. I don't know that we asked them or we didn't ask them but I would feel more comfortable with someone that helped me, for me to help them. COUNCILMAN MARTIN-Well the other, of the four hundred thousand, there's eighty thousand dollars in admin and you know, there an in-town business. COUNCILMAN BREWER-Right. COUNCILMAN MARTIN-I mean they're right down on Glenwood Avenue. COUNCILMAN BREWER-And I think it's reasonable to expect that we can come to a reasonable terms. COUNCILMAN MARTIN-And I would certainly entertain that kind of process afterwards as well and let's just get it approved first and then see. MS. RYBA, SENIOR PLANNER-And I wanted to note too that eighty thousand represents twenty percent which is the maximum that's allowed. Certainly, that amount can be lower and this is more then a one year activity. COUNCILMAN MARTIN-Right. MS. RYBA, SENIOR PLANNER-It's spread over several years. COUNCILMAN MARTIN-That's a good two or three year program there. COUNCILMAN BREWER-Hopefully, it goes on longer then that, it goes on until it's not needed any more. COUNCILMAN MARTIN-Well, I mean just to run this one grant. COUNCILMAN TURNER-Just this one grant, yea. COUNCILMAN MARTIN-It will be a good two years at least. MR. MURRAY-Right, certainly the game plan always has been that you get into the small cities program, you'd be successful the first time and then you build on that success because you know you could be involved and the program will be around for a long time and there's no reason for you not to be successful in future years. MR. ROUND, EXECUTIVE DIRECTOR-This is just one effort. We have focused on the small cities and housing rehabilitation. The comprehensive plan, although it didn't provide a real basis for examining issue but housing needs, affordable housing needs, first time homebuyers, those are the things that we're going to be examining after we're successful in obtaining these funds and so you should hear some more information. The county is getting out of the business of the first time homebuyers program. You're familiar, I know Tim and I have discussed it with a couple of local developers that there is a willingness, there is property, there are projects so that we're hoping to put together an alliance that will have some affordable housing project come up hopefully before the year is out. SUPERVISOR BROWER-Thank you. COUNCILMAN MARTIN-Thanks Marilyn, thanks Bob. SUPERVISOR BROWER-At this time, I'd like to open up the public hearing for any comment from the public. Okay, seeing none, I'll close the public hearing and ask board members for either comment or a motion. PUBLIC HEARING CLOSED 8:20 P.M. COUNCILMAN BREWER-I'll make a motion with a comment. I'll introduce it. Also, I'd like it to be known, that we certainly will ask local contractors to bid on this work, just let that me known. COUNCILMAN TURNER-Absolutely. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM RESOLUTION NO.: 154,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No.: 64.2001, the Queensbury Town Board scheduled two (2) public hearings concerning the Town's proposed application for Community Development Block Grant (CDBG) funds through the New York State Administered Small Cities Program, and WHEREAS, the Town Board duly conducted its public hearings on February 26th and April 2nd, 2001, heard all interested persons, reviewed its housing and community development needs and developed a proposed program and application for the CDBG funds, and WHEREAS, the Town's Senior Planner has advised the Town Board that the Governor's Office for Small Cities is now accepting applications from eligible communities to compete for the CDBG funds, and WHEREAS, the Town Board wishes to authorize submission of its application for the CDBG funds, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs submission of the Town of Queensbury's application for Community Development Block Grant (CDGB) funds through the New York State Administered Small Cities Program to the Governor's Office for Small Cities, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor and Community Development Department to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT Mr. Stec PUBLIC HEARING - Proposed Local Law to Amend Queensbury Town Code Chapter 179 "Zoning" to Add Day Care Center as a Permitted Use In MR-5 Zone Notice Shown 8:20 P.M. COUNCILMAN MARTIN-You want a little day care in MR-5? COUNSEL JON LAPPER-Excellent and appropriate use and that that's why the draft master plan calls for it. We're only asking you to do it a little quicker. We think it makes a lot of sense and it affects Rich because he has a project on board that we, will be before the Planning Board on quickly if this is approved at his new office park on Bay Road which, for the record was approved, got final approval by the Planning Board last week which Rich is real proud about it, it's going to be real nice. But this would also affect all the MR-5 zones and this is what the town master plan committee came up with and we're just telling you that we agree with them and hope that you do as well. COUNCILMAN MARTIN-Well, I think given the fact that we allow professional office use in many of these areas where this exists that this is, it goes hand and hand and then given the density of the housing that's allowed in these zones, you know, as another need. I don't know, I think it was probably that it's not there, the only thing that I can think of, it's probably an oversight when it was first draft years and years and years ago. COUNCILMAN TURNER-Yea, the college has got one right up the road. COUNCILMAN BREWER-Day care wasn't popular, well, I guess it was. COUNCILMAN MARTIN-Well, it was, but I think you're right, it wasn't the issue that it is today. I don't have any problem with it, will hear what the public has to say but I don't have any issue. COUNCILMAN TURNER-No, I don't have no issue either. COUNCILMAN MARTIN-It makes sense. SUPERVISOR BROWER-Thank you Mr. Lapper. We'll open up the public hearing at this time to anyone that would like to comment on this proposal? Mr. Tucker. MR. PLINEY TUCKER-Pliney Tucker, 41 Division Road, Queensbury-How many zones will this affect, MR-5, how many places? COUNCILMAN MARTIN-MR-5, Pliney exist and Chris is going to have to help here, it exists up and down Bay Road, there's a pocket of it over behind the mall. MR. TUCKER-So, there's several, right? COUNCILMAN TURNER-Yea. COUNCILMAN MARTIN-Yea, there's several. MR. ROUND, EXECUTIVE DIRECTOR-Yes, there's three, basically three.. COUNCILMAN MARTIN-And there some, I think over in your neck of the woods over there too. COUNCILMAN BREWER-Where in the fourth ward? Is it over, Queen Victoria's? MR. LEON STEVES-Luzerne road. COUNCILMAN MARTIN-Yea, I thought some of the mobile home overlay zones has got some as an underlining district. MR. ROUND, EXECUTIVE DIRECTOR-That's right, that area south of Luzerne Road. COUNCILMAN MARTIN-What a memory. COUNCILMAN TURNER-Yea, you're getting good. It's coming back. COUNCILMAN MARTIN-You're lucky to be so close. COUNCILMAN TURNER-Yea, you're memory is coming back. SUPERVISOR BROWER-Do we have a motion and a second? DEPUTY TOWN CLERK BARBER-Are you going to close the public hearing? SUPERVISOR BROWER-At this time, I'll close any further comment by the public? Seeing none, I will close the public hearing at this time. PUBLIC HEARING CLOSED 8:24 P.M. Mr. Round, Executive Director lead the Town Board through the Short EAF. A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? NO B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part6l7.6? NO C, Could action result in any adverse effects associated with the following: Cl, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? NO C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? NO C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? NO C4, A community's existing plans or goals as officially adopted, or a change in use of intensity of use of land or other natural resources? NO C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in Cl-C5? NO C7, Other impacts (including changes in use of either quantity or type of energy)? NO D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? NO E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.3 OF 2001 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO ADD DAY CARE CENTER AS A PERMITTED USE IN MR-5 ZONE RESOLUTION NO.: 155,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously received a request from Schermerhorn Properties, Inc., to consider amendment of Town Code Chapter 179 entitled "Zoning" to include day care centers as a permitted use in any Multifamily Residential Zone (MR-5), and WHEREAS, the Town Board is presently considering adoption of a new Zoning Ordinance and the draft Zoning Ordinance provides for this addition to the MR-5 zone, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 200 1 to amend Queensbury Town Code Chapter 179 entitled "Zoning," specifically Section 179-18 entitled "Multifamily Residential Zones, MR-5", to add day care centers as a permitted use in any MR-5 zone, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law ~1O and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on April 2nd, 2001 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed Local Law No.: 3 of 200 1 presented at this meeting will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board of hereby enacts Local Law No.: 3 of200l to amend Queensbury Town Code Chapter 179 entitled "Zoning," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Stec LOCAL LAW NO.: 3 OF 2001 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Section 179-18 of Chapter 179 of the Queensbury Town Code entitled "Multifamily Residential Zones, MR-5" is hereby amended by adding language to subsection "D" as follows: ~ 179-1 8. Multifamily Residential Zones, MR-5. D. The following uses are permitted in Multifamily Residential Zones: (1) Permitted uses: See Type II uses. All uses in the MR-5 Zone will be subject to site plan review. (2) Accessory uses: (a) Private garage. (b) Storage shed. (c) Swimming pool. (d) Outdoor athletic court/facility. (e) Private greenhouse, up to three hundred (300) square feet. (3) Site Plan uses: (a) Type I: [1] Multifamily dwellings, including apartments, condominiums, projects and townhouses of one hundred (100) units or more. [2] Uses allowed in Type II that exceed SEQR Type I thresholds. (b) Type II: [1] Multifamily dwellings, including apartments, condominiums, projects and townhouses off ewer than one hundred (100) units. [2] Professional office. [NOTE: In the MR-5 Zone along Bay road, office buildings shall be located within one thousand (1,000) feet of Bay Road.]. [3] Planned unit development. [4] Home occupation. [5] School. [6] Church and synagogue (places of worship), including cemetery. [7] Hospital, nursing home or health-related facility, such as an outpatient clinic, laboratory or physical therapy facility. [8] Duplex. [9] Day Care Centers. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law ~27. MR. KEITH LAAKE from Cost Control Associates gave an update to the Town Board regarding his work for the town in reviewing the billing by Niagara Mohawk of the street lighting facilities... We were hired by the Town Board and Comptroller Henry Hess to review all of the utility and telephone costs for the town for the purpose of either finding errors in the bills that may result in refunds to the town or finding ways that the town can reduce future costs by changing to optional rates and other types of programs. Most of work was completed last year with the exception of the street lighting review. Our firm went out and counted all the street lighting within the town. Drove every street, counted every pole and light and then compared that back to Niagara Mohawk's billing. What we found were some discrepancies in the types of lights that were being billed and discrepancies in some of the districts that were assigned to the billing. So we filed a claim with Niagara Mohawk and spent a great deal of time resoving that claim but I'm pleased to report that it's going to result in a refund to the town of a hundred and forty-seven thousand, three hundred forty-five dollars. So it was certainly worth the effort. TOWN BOARD congratulated Mr. Laake on his efforts and noted their pleasure with the great refund. COUNCILMAN MARTIN questioned whether the refund will go back into the lighting district. MR. HESS COMPTROLLER noted that all the money less the fee, a net of about a hundred twenty thousand dollars will go back into the lighting districts to offset future taxes. COUNCILMAN MARTIN questioned whether the money goes to one district? MR. HESS, COMPTROLLER noted that it comes back earmarked to what district it goes to. TOWN COUNSEL SCHACHNER noted that the resolution gives the specific breakdown. COUNCILMAN MARTIN noted that the town's looking to bury the power on Exit 18 corridor and questioned whether there was some creative way that this money could be applied to help pay for that cost? MR. HESS, COMPTROLLER-That's an interesting question and I can't address now but we would have to look at the district boundaries because the refund is defined by boundaries but it's possible and we could look at it. MR. ROUND, EXECUTIVE DIRECTOR questioned how many years of billing does this refund reflect? MR. LAAKE noted, we started with two years worth of billing but that doesn't mean that we can't go back farther than that and what we do, even though we're looking at two years, if we find a repetitive type error that's in that two years worth of billing, we'll ask the utility company to show that it doesn't go back farther. There's a statutory limit that's general applied, is six years to being enable to get refunds. So, unless they can show that it's less than six years, our assumption is that the refund is owed for the full six years and in many cases we got refunds back that far. MR. ROUND, EXECUTIVE DIRECTOR questioned whether they looked at ownership of the lighting facilities as part of this or was this just a billing audit? MR. LAAKE-Mostly just a billing audit and that's an issue that would have to be looked at separately, to actually take ownership of your facilities and it's not easily accomplished within Niagara Mohawk's territory... What has to happen in order for this settlement to be accomplished is, the board has to pass a resolution authorizing the supervisor to sign the agreement. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH NIAGARA MOHAWK POWER CORPORATION CONCERNING STREET LIGHT OVER-BILLINGS RESOLUTION NO.: 156,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, by Resolution No.: 373.98, the Queensbury Town Board authorized Cost Control Associates to audit the Town of Queensbury's electric, natural gas and telephone utilities as previous audits had resulted in significant recovery of past over-billings as well as reductions in ongoing utility billings, and WHEREAS, Cost Control Associates has advised the Town that it has identified $147,345 in street light over-billings by Niagara Mohawk Power Corporation and has successfully negotiated with Niagara Mohawk to refund these over-billings, and WHEREAS, the Town and Niagara Mohawk wish to settle their dispute, and WHEREAS, a proposed Settlement Agreement and Release has been presented at this meeting and is in form approved by Town Counsel, and WHEREAS, Cost Control Associates has recommended that the Town Board approve the proposed Settlement Agreement and Release, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Settlement Agreement and Release with Niagara Mohawk Power Corporation presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts in full satisfaction of past street lighting billing errors, a refund in the gross amount of $147,345, the Town to receive approximately $118,500 of this amount and Cost Control Associates to receive approximately $28,845 as its share, consisting of the following amounts by street lighting district: District Name Account Number Refund Amount General 99538-78100 $ 61,024 Fort Amherst 46738-81102 $ 544 South 04938-81100 $ 1,037 North 54738-80102 $ 83,258 West 91738-82104 $ 1,482 TOTAL - ALL DISTRICTS $147,345 and BE IT FURTHER, RESOLVED, that each such District shall pay its proportionate share for Cost Control Associates' services from such refund amount, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Settlement Agreement and Release with Niagara Mohawk Power Corporation in the form substantially presented at this meeting and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec CORRESPONDENCE LTR. QUEENSBURY LAND CONSERVANCY INC. 169 HAVILAND RD. QUEENSBURY, NY 12804 April 2, 2001 Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Attn: Supervisor and Town Board Members Dear Supervisor Brower: As a follow up and confirmation of our groups request for need of operating funds to fulfill our modest goals for our first year of operation, we urge the board to grant the requested sum of $25,000.00, so our efforts can be directed more appropriately toward land conservancy issues. On behalf of the Queensbury Land Conservancy, I thank the board for their generosity. Sincerely, Isl Leon Steves President Ltr. Queensbury Union Free School District March 29,2001 Mr. Rick Missita, Superintendent Town of Queensbury Highway Department 742 Bay Road Queensbury, NY 12804 Dear Mr. Missita: Throughout the winter, snow-filled months, the roadways within our district were maintained at a high level. It was obvious that the members of the Highway Department are effective and efficient. Even more important, it is clear that you and your staff are dedicated to the safety and welfare of our entire community. All too often we get caught up within our busy schedules that we forget to say thank you. With that in mind, the purpose of this letter is to express our sincere appreciation and gratitude for a job extremely well done. Your leadership and ongoing cooperative spirit is recognized and applauded. Again, thank you and best wishes for continued success. Sincerely. Isl Dr. Donald S. Lomanto Superintendent DSL:af cc: Board of Education Members Rob Chapman Dennis Brower, Supervisor OPEN FORUM MR. BOB VOLLARO-5 Gentry Lane Queensbury Re: Bay Brook Professional Park Has come before the Planning Board in Preliminary and Final Form for Subdivision Approva1..as a Planning Board Member voted for it in Preliminary and against it in final, concern was the recommendation that came out of the County DPW was a preliminary recommendation on the two curb cuts that comes out on Bay Road, both are miss-aligned...noted the present dirt road is a permitted curb cut on Bay Road by number 87-21 dated 5/4/87 issued by the County. Concerned about the two-curb cuts..concerned that the final vote was taken before all the pertinent information was in concerning the alignment of those roads...1ooking at it from a traffic point of view I think it is a dangerous situation. COUNCILMAN BREWER-Questioned why this discussion was not brought out at the Planning Board level? MR. VOLLARO-I brought it up. In all deference to the Board I sit on I think they are a great board I just do not think any of them were privy to the information, maybe that is something I should have stressed more at the Planning Board meeting, I did try to stress it. SUPERVISOR BROWER-Noted is sounds like the County and still request them to do something slightly different. MR. VOLLARO-Noted this has been discussed with Mr. Remington and with his Engineer George VanDusen, they are reluctant at this point to get involved with the decision of the Queensbury Planning Board, they were concerned that is was passed with a preliminary letter, but they are reluctant to get involved in Queensbury's business. COUNCILMAN MARTIN-Noted he was disappointed that there was no attention given to the idea of creating this median along the side of the road. MR. VOLLARO-Noted he felt it was wrong that the project was before the board in preliminary and final in the same night. COUNCILMAN MARTIN-Questioned why it was not aligned? MR. VOLLARO-Noted the only reason why he could not align this particular intersection he would lose one out of the sixteen proposed lots, specifically lot number 5, there is some indication that there might be a wetland concern. I would like to see the roads aligned with a traffic light. I am just letting the Board know I am somewhat concerned about moving some application too quickly. COUNCILMAN BREWER-We cannot control what that board does. FORMER HIGHWAY SUPT. PAUL NAYLOR-Division Street West Glens Falls... Why does the Restroom on the Northway say Glens Falls? Why don't they put Queensbury on there? Requested that the Supervisor check on it. MR. PLINEY TUCKER-4l Division Road, Queensbury Questioned when the meeting was at the County over the corridor. SUPERVISOR BROWER-Wednesday evening the 4th at 6:30 P.M. at the County Board room. MR. TUCKER-Re: lights previously spoke to the former Chairman of the Warren County Board who noted that if Niagara Mohawk does not have a lease on the property where their poles are they have to move them at their costs. I would like to find out if that is true. Look at power lines in that area being placed underground..1ook at expense. Re: Indian Ridge questioned if the Town Board gave up their option for land? SUPERVISOR BROWER-Not officially no. COUNCILMAN BREWER-Questioned when did we tell the school we were going to give them that option? SUPERVISOR BROWER-I had discussed with Dr. Lamanto the possibility because we had talked at one time about it and the Board seemed to be in favor it...we talked about the possibility of giving them the option to purchase it through a referendum on the spring ballot. COUNCILMAN BREWER-Noted that the School is talking about that we will give it to them. MR. TUCKER-Re: Resolution 5.2 supporting State Legislation authorizing transfer of Hudson River Park Recreation Area property from Warren County to Town of Queensbury...is there any money changing hands? COUNCILMAN BREWER-A dollar. MR. TUCKER-Re: 5.16 Resolution authorizing vehicle purchases and amendments to 2001 Town Budget is this all the vehicles that we have to buy? COMPTROLLER HESS-Yes MR, TUCKER-Questioned if there was to be an audit by the State regarding the fleet? SUPERVISOR BROWER-yes. MR. TUCKER-Regarding the fleet would it be a good idea to wait until the State is finished? SUPERVISOR BROWER-Town Department heads and Councilman Brewer and himself will be meeting sometime next week to start discussions. They will probably be reviewing what we end up doing to see if it is adequate they may have some other recommendations that I'm not familiar with. Noted in 1997 the State came in and did an audit of the Town one of their recommendations was that the Town keep better records of its fleet and monitor the fleet and the usage. That's one of the reasons why the Fleet Management Program was established in 1999 as a direct result of the recommendations of the Town Comptroller. MRS. BARBARA BENNETT, 101 Dixon Road-Happy to hear about the refund she will be receiving from Niagara Mohawk in her district. Spoke to the boarding regarding passage of a resolution regarding all Queensbury citizens posting the number of the house that they were given when they renumbered and are not allowed to use the old number asked the status of this. SUPERVISOR BROWER-Hillcrest Avenue was renumbered noting a lot of people have changed the numbers of that street. MRS. BENNETT-Questioned if Mr. Hatin does this himself or does he send people out? SUPERVISOR BROWER-Mr. Hatin does it, he notifies them and then checks to see if they have done it. MRS. BENNETT-Noted she is 101 Dixon Road and has been since the Town was renumbered. Noted her concern with a house on Dixon Road owned by Hadley no one is living in the house they used to have the number 10 1 which they have never stopped using or never changed and never posted the number noting this has been going on for five years. They have taken the right number off the mailbox but have left 10 1 on the Post Star box asked to have the Post Star box taken down since no one lives there and to have them post the right number. SUPERVISOR BROWER-Will send Mr. Hatin over tomorrow to check it out. OPEN FORUM CLOSED 9: 10 P.M. RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO.: 157,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer NOES Mr. Brower ABSENT: Mr. Stec DISCUSSION HELD BEFORE VOTE: SUPERVISOR BROWER-Noted when this resolution first came before him it said $25,000 it was originally said when they came before us they said they were going to raise private funds and maybe they didn't need $25,000, but still agreed to give them $25,000 in this fiscal year noting there are nine months remaining divided it out $18,750.00. LEON STEVES, Brayton Avenue, Queensbury. Representing the Queensbury Land Conservancy. The $25,000 goal is something we hope to have for the year because of the operating expenses we want to give out to the public the groups existence. COUNCILMAN MARTIN-Thinks this is one of the things that supports the value of open space on a community in terms of its tax base. Thinks these are the seeds of an investment that are going to in the future bear great fruit of a higher standard in the Town noting he would like to go with the $25,000. COUNCILMAN BREWER-Noted he echoes what Councilman Martin said. They asked for this to be created and we should support it. RESOLUTION SUPPORTING STATE LEGISLATION AUTHORIZING TRANSFER OF HUDSON RIVER PARK RECREATION AREA PROPERTY FROM WARREN COUNTY TO TOWN OF QUEENSBURY RESOLUTION NO.: 158,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Town Board Resolution No.: 375.96, the Queensbury Town Board authorized a Revocable License Agreement between the Town of Queensbury and Warren County for the use of County property as the Hudson River Park Recreation Area for a term of twenty-three (23) years, and WHEREAS, the Town has requested that Warren County rescind the Revocable License Agreement and transfer or convey the County property to the Town, and WHEREAS, the donors of the Warren County property, Carl and Barbara DeSantis, have consented to the Town's request, and WHEREAS, by Resolution No.: 159 of200l, the Warren County Board of Supervisors has requested that a Bill be introduced in the State Legislature authorizing conveyance of the County property used as the Hudson River Park Recreation Area to the Town of Queensbury, and WHEREAS, the Town Board believes that this conveyance, in lieu of the Revocable License Agreement, will benefit Town residents and therefore the Board wishes to adopt a Resolution supporting State Legislation authorizing transfer of the Hudson River Park Recreation Area property from Warren County to the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of the State Legislation to authorize conveyance of the Hudson River Park Recreation Area property owned by Warren County to the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Town Board Resolution to the Warren County Board of Supervisors, New York State Assembly, New York State Senate and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION AWARDING BID FOR PURCHASE OF PORT ABLE VACUUM EXCAVATOR SYSTEM FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 159,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town's Purchasing Agent duly advertised for bids for the purchase of a portable vacuum excavator system for use by the Town Water Department as specified in Water Department Bid Specification No.: 01-10, and WHEREAS, E. H. Wach's Companies submitted the lowest responsible bid in the amount of $19,708 and the Water Superintendent and Purchasing Agent have recommended that the Town Board award the bid to E. H. Wach's Companies, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for a portable vacuum excavator system to E. H. Wach's Companies for an amount not to exceed $19,708 from the appropriate Water Department account. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST TWO (2) 5K RACES RESOLUTION NO.: 160,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR Adirondack Nautilus, Ltd. EVENT 5K RACE (RUN/W ALK) DATE: Saturday, May 19th, 2001,9:00 a.m. and Saturday, August 11th, 2001, 9:00 a.m. PLACE Beginning at Queensbury Racquet Clubl Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 161,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin' WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 19th and August 11th, 2001 for the conducting of its Open House and Annual 5K Races, and WHEREAS, Adirondack Nautilus, Ltd., has provided a Certificate of Liability Insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 19th and August 11th, 2001, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town' Facilities Manager after each event. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY LARRY CLUTE FROM LI-lA (LIGHT INDUSTRY - ONE ACRE) TO UR- 10 (URBAN RESIDENTIAL - 10,000 SQUARE FEET) RESOLUTION NO.: 162, 2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, the Queensbury Town Board is considering a request by Larry Clute to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 117-9-11 located at 3 Feld Avenue, Queensbury from LI -lA (LightIndustry - One Acre) to UR -10 (Urban Residential - 10,000 Square Feet), and WHEREAS, on or about February 26th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about March 20th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about March 14th, 2001, the Warren County Planning Board considered the proposed rezoning and determined that there was no County impact, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, April 23rd, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby property owned by Larry Clute bearing Tax Map No.: 117-9-11 located at 3 Feld Avenue, Queensbury would be rezoned from LI-lA (Light Industry - One Acre) to UR-1O (Urban Residential- 10,000 Square Feet), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its April 23rd, 2001 meeting. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION DESIGNATING TOWN POLLING PLACES RESOLUTION NO. : 163,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Election Law (4-104, the Queensbury Town Board must submit a listing of the Town's polling places for each Election District to the Warren County Board of Elections, and WHEREAS, each location is accessible to the physically handicapped in accordance with Election Law (4-104-l-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates the following locations as the Town of Queensbury's polling places for each Election District: W ARD/ELECTION DISTRICT LOCATION 1/1 1/2 1/3 1/4 North Queensbury Firehouse Bay Ridge Firehouse Bay Ridge Firehouse Warren County Municipal Center 2/1 2/2 2/3 2/4 2/5 South Queensbury Firehouse Queensbury Activity Center Queensbury Central Firehouse Queensbury Activity Center Warren County Municipal Center W ARD/ELECTION DISTRICT LOCATION 3/1 Queensbury Senior High 3/2 3/3 3/4 Queensbury Senior High Queensbury 4-5 School Lobby Area Kensington Road School 4/1 4/2 4/3 4/4 4/5 4/6 West Glens Falls Firehouse (VanDusenlLuzerne) West Glens Falls Firehouse (VanDusenlLuzerne) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) West Glens Falls Firehouse (Luzerne Road) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a copy of this Resolution to the Warren County Board of Elections. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Stec RESOLUTION APPOINTING ALTERNATE MEMBERS TO TOWN PLANNING BOARD RESOLUTION NO.: 164,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin 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 Planning Board is presently in need of two alternate members and so the Town Board wishes to appoint two alternate members, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Richard Sanford as first alternate and Thomas Seguljic as second alternate on the Town Planning Board until their terms expire on December 31, 2008. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION APPROVING TRANSIENT MERCHANTITRANSIENT MERCHANT MARKET LICENSE FOR DEXTER SHOES RESOLUTION NO.: 165,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Dexter Shoes has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 6th, 2001 through June 9th, 2001 to display 3-wheel conversions for motorcycles in the parking lot located at 1499 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, and WHEREAS, the Warren County Planning Board also reviewed the applicant's prior applications and recommended approval of the prior applications, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code ~ 160- 8, the Queensbury Town Board hereby grants a Transient Merchant! Transient Merchant Market License to Dexter Shoes to conduct a transient merchant market to display 3-wheel conversions for motorcycles in the parking lot located at 1499 State Route 9, Queensbury, subject to the following: 1. Dexter Shoes must pay all fees as required by Town Code Chapter 160; 2. Dexter Shoes must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Dexter Shoes 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; 4. The License shall be valid only from June 6th through June 9th, 2001 from 9:00 a.m. to 6:00 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Dexter Shoes must comply with all regulations specified in Town Code ~160-8. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS RESOLUTION NO.: 166,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board wishes to engage the services ofPENFLEX, INC. Service A ward Program Specialists to provide the 2000 Standard Year End Administration Services for the Town of Queensbury's Volunteer Firefighter Service Award Program as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for the estimated cost of $7,800, and WHEREAS, PENFLEX's agreement is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide the 2000 Standard Year End Administration Services for the Town's Volunteer Firefighter Service Award Program at the estimated cost of $7,800 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT Mr. Stec RESOLUTION AUTHORIZING PURCHASE ORDER FOR PURCHASE OF FILE FOLDERS FOR USE BY TOWN ASSESSOR'S DEPARTMENT RESOLUTION NO.: 167,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which require 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 Assessor solicited proposals for the purchase of 12,700 folders and has recommended that the Town Board authorize the purchase of the folders from Creative Office Systems for a total amount not to exceed $6,223, and WHEREAS, the Purchasing Agent has reviewed the information received by the Town Assessor and concurs with her recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Assessor's purchase of 12,700 file folders from Creative Office Systems for a total amount not to exceed $6,223 to be paid for from Account No.: 001-1355-4010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING HIRING OF RUTH MACY AS TEMPORARY PART-TIME CLERICAL EMPLOYEE RESOLUTION NO.: 168,2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Assessor has requested Town Board authorization to hire a temporary, part-time, clerical employee in the Town Assessor's Office to work approximately 30 hours a week from April 10th through May 8th, 2001 to assist in the Office's conversion of 13,000 files to a new tax map numbering system, and WHEREAS, the Town Board has considered the Assessor's request and agrees that it is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Ruth Macy as a part-time, temporary, clerical employee in the Town Assessor's Office at the rate of $9.55 per hour to work approximately 30 hours per week from April 10th through May 8th, 2001, and BE IT FURTHER, RESOLVED, that the salary for Ms. Macy shall be paid for from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor, Town Comptroller and/or Town Supervisor's Office to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001 by the following vote: AYES Mr. Brewer, Mr. Brower, Mr. Martin, Mr. Turner NOES None ABSENT: Mr. Stec RESOLUTION INCREASING APPROPRIATIONS AND ESTIMATED REVENUES AND AMENDING 2001 TOWN BUDGET TO REPLACE WASTEWATER DEPARTMENT VEHICLE RESOLUTION NO.: 169,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, a vehicle used by the Town of Queensbury Wastewater Department was damaged beyond repair in a motor vehicle accident, and the Queensbury Town Board wants to replace the vehicle for an amount not to exceed $28,625, and WHEREAS, the Town has received an insurance settlement for the damaged vehicle in the amount of $17,725 and the Town Board now wishes to increase estimated revenues and appropriations in the appropriate accounts to reflect the insurance settlement and allow for the purchase of a new vehicle with remaining funding to be provided by an intrafund budget transfer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase of estimated revenues in the Quaker Road Sewer Insurance Recoveries Account No.: 032-0032-2680 by $17,725, and the increase of appropriations in the Quaker Road Sewer Vehicle Account No.: 032-8120-2020 by $17,725 to reflect the insurance settlement received by the Town in connection with the Wastewater Department's damaged vehicle and amends the 2001 Quaker Road Sewer budget accordingly, and BE IT FURTHER, RESOLVED, the Town Board amends the 2001 Quaker Road Sewer Fund Budget, transferring $10,900 from the Misc. Capital Construction Account No.: 032-8120-2899 to Vehicles Account No.: 032- 8120-2020, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the Town Comptroller's Office to make any necessary adjustments, transfers or prepare any documentation necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Brower, Mr. Martin, Mr. Turner, Mr. Brewer NOES None ABSENT: Mr. Stec RESOLUTION AUTHORIZING VEHICLE PURCHASES AND AMENDMENTS TO 2001 TOWN BUDGET RESOLUTION NO.: 170,2001 INTRODUCED BY: Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, by Resolution No. 145,2001, the Queensbury Town Board abolished the Town's Fleet Management Policy (Policy) which provided the authority and structure for the Central Fleet Internal Service Fund (CFISF), and WHEREAS, vehicle purchases previously approved in accordance with the now abolished CFISF now need to be charged to the appropriate equipment account in the water fund or capital project fund established specifically for the General Fund purchases, and WHEREAS, the Town Board wishes to cancel Purchase Order 20010356 in the amount of $17,359 for a Chevrolet Venture van for the "shared" fleet as authorized by Resolution No. 85.2001, and WHEREAS, the Town Board wishes to authorize the purchase of the following additional vehicle purchases: Appropriation Department Description Account State Purchase Vendor Contract Price Recreation Ford F450 4x4 3 ton CablChassis Dump Body, Snow Plow, Revolving Light Genessee Ford 57163 $25,429. 001-9950-9000 Arrowhead Equip. Bid 7,435.001-9950-9000 32,864. Building & Ford F550 4x4 4 ton Dump Truck wIPlow Genessee Ford 57163 32,820.001-9950-9000 Grounds NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the vehicle purchases previously approved in accordance with the now abolished CFISF be charged to the appropriate equipment account in the water fund or capital project fund established specifically for the General Fund purchases as follows: Purchase Appropriation Order # $ Authorizing Amending New Resolution Resolution Department Account 20010219 20010355 20010422 20010423 23,483.20 25,359.00 17,618.40 23,558.67 85.2001 85.2001 85.2001 114.2000 85.2001 105.2000 Water Recreation Comm. Dev. Highway Adm. 040-8340-2020 001-9950-9000 001-9950-9000 001-9950-9000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Purchase Order 20010356 in the amount of $17,359 for a Chevrolet Venture van for the "shared" fleet as authorized by Resolution No. 85.2001 be cancelled, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the purchase of the following additional vehicle purchases: Appropriation Department Description Account State Purchase Vendor Contract Price Recreation Ford F450 4x4 3 ton CablChassis Dump Body, Snow Plow, Revolving Light Genessee Ford 57163 $25,429. 001-9950-9000 Arrowhead Equip. Bid Appropriation Department Description Account State Vendor 7,435.001-9950-9000 32,864. Purchase Contract Price Building & Ford F550 4x4 4 ton Dump Truck wIPlow Genessee Ford 57163 32,820.001-9950-9000 Grounds and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to take all action necessary to transfer funds and amend the 2001 Town Budget to fund the above-referenced vehicle purchases as follows: $ From To 247. 7,360. 3,450. 11,764. 3,989. 18,266. 001-1640-4111 001-5010-4111 001-3620-4111 001-7110-4111 001-1640-4111 040-8340-4111 001-9950-9000 001-9950-9000 001-9950-9000 001-9950-9000 001-9950-9000 040-8340-2020 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that the additional amount of $105,411 to fund the vehicle purchases be raised by a five (5) year Bond Anticipation Note from a commercial bank authorized by Town Board Resolution No. 8,2001 at an interest rate to be negotiated by the Town Comptroller, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or Town Supervisor to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower NOES None ABSENT: Mr. Stec RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTIES OWNED BY STEWART'S ICE CREAM COMPANY, INC.FROM LI-lA (LIGHT INDUSTRY - ONE ACRE) TO CR-15 (COMMERCIAL RESIDENTIAL -15,000 SQUARE FEET) RESOLUTION NO.: 171,2001 DEFEATED INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Dennis Brower WHEREAS, the Queensbury Town Board is considering a request by Stewart's Ice Cream Company, Inc. to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 located at Big Bay and Corinth Roads, Queensbury from LI-lA (Light Industry - One Acre) to CR-15 (Commercial Residential- 10,500 Square Feet), and WHEREAS, on or about February 26th, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town's Planning Board for report and recommendation, and WHEREAS, on or about March 27th, 2001, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and WHEREAS, on or about March 14th, 2001, the Warren County Planning Board considered the proposed rezoning and recommended approval of the application, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law ~265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, April 23rd, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed amendment to its Zoning Ordinance and Map whereby properties owned by Stewart's Ice Cream Company, Inc. bearing Tax Map No.'s: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 located at Big Bay and Corinth Roads, Queensbury would be rezoned from LI-lA (Light Industry - One Acre) to CR-15 (Commercial Residential- 10,500 Square Feet) and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning after the public hearing at its April 23rd, 2001 meeting. Duly adopted this 2nd day of April, 2001, by the following vote: AYES Mr. Brower NOES Mr. Turner, Mr. Brewer ABSENT: Mr. Stec ABSTAIN: Mr. Martin DISCUSSION HELD BEFORE VOTE COUNCILMAN TURNER-Questioned if the new fee schedule covers this change of zone? EXECUTIVE DIRECTOR ROUND-This application was submitted prior to the adoption date. COUNCILMAN BREWER-Questioned why they didn't try to get a variance rather than rezone? EXECUTIVE DIRECTOR ROUND-It was based on staff recommendation. COUNCILMAN BREWER-Questioned if the zone line ends with this piece of property? EXECUTIVE DIRECTOR ROUND-On the east side of Big Bay Road it is zoned CR -15 on the west side its not so this is going to extend the CR a little further west on Corinth Road. COUNCILMAN BREWER-If we're going to allow this kind of stuff there then maybe that's not the place to end. EXECUTIVE DIRECTOR ROUND-Most of the comprehensive plan recommendations when they are in regard to zoning changes for properties specific there wasn't one for this property or this specific area it was a general recommendation. COUNCILMAN BREWER-Noted he is not an advocate of changing a zone for a use. COUNCILMAN TURNER-Questioned if they could abut the Curtis property on the East Side of Big Bay with this change? EXECUTIVE DIRECTOR ROUND-There are homes on Big Bay on the west side noting he doesn't know if CR is the best for this. SUPERVISOR BROWER-Noted he understands Councilman Brewer's reasoning and a variance would be appropriate noting the applicant should try for a variance at this stage. TOWN COUNCILMEN'S CONCERNS SUPERVISOR BROWER-Noted tomorrow evening Governor Pataki is addressing the Warren County Republican Party at a dinner to be held at the Queensbury Hotel. Spoke to the board regarding a meeting to be held on Wednesday, April 4th at 6:30 p.m. at Warren County regarding the Exit Corridor. Spoke with Mayor Regan regarding another meeting between the City of Glens Falls and Town of Queensbury noting he hasn't received a response. Spoke to the board regarding sewer negotiations. Attorney Hafner send the City a letter asking them for more information about three weeks ago hasn't received a reply. Spoke to the board regarding Councilman Martin and himself attending a meeting with the Crandall Library Expansion Committee noting they will be doing a survey of residents trying to find out why they didn't vote for the library previously and where they would want it located. COUNCILMAN MARTIN-Spoke to the board regarding the meeting to be held on Wednesday night noting the board and county representatives will be going into the meeting with a like mind. SUPERVISOR BROWER-Believes they are. COUNCILMAN MARTIN-Noted his concern with the Draft Expanded Project Proposal for the Corinth Road, Main Street, Broad Street Corridor produced by DOT that there isn't anything mentioned of any of the things that were said in our letter. SUPERVISOR BROWER-Noted many of the improvements we desire there mayor may not be a funding source for it the Town might have to make up the difference. We have indicated to them that we are serious about taking care of this. Will be meeting next Monday night in Workshop Session on the capital plan thinks it will be imperative that funds are set aside from the capital plan to address some of these infrastructure improvements that we feel are so vital to the corridor. Noted he has had discussions with Executive Director, Mr. Round noting his recommendation is that the Town move forward with an RFP for engineering services to accomplish and coordinate with this corridor. EXECUTIVE DIRECTOR ROUND-Noted a draft has been prepared for Request for Proposals for five tasks. Two of the larger tasks are water line replacement, sewer line replacement estimated cost for this is approximately $800,000 in construction cost engineering costs at twenty percent of that will be a significant contract amount roughly a $160,000 engineering contract born by the special districts. Noted Councilman Martin mentioned underground utilities that's a critical thing from a redevelopment prospective estimating that underground utilities are going to cost upwards to 2 million dollars. Streetscape enhancements that's not going to be included in the base bid package by Clough Harbour or DOT. Every chance we get we have to make an argument to include every possible enhancement in the Highway design and then what has to marry that is our zoning ordinance and our design guidelines. COUNCILMAN MARTIN-We can also make an appeal for a member item to help supplement some of these costs noting it is important for us to have a unified strong voice. Noted he would like to see fiber optics inserted in that corridor as well thinks there is a tremendous potential for job creation. COUNCILMAN BREWER-Recommended preparing a statement stating those things and have it read at the meeting. COUNCILMAN MARTIN-Proposed to have sidewalks on one side not both sides to have adequate green space to also include enhancements. EXECUTIVE DIRECTOR ROUND-Would like to communicate to the County and Clough Harbour on Wednesday night to reiterate all the items that have been identified and that we need an improvement in communications. Would like to move forward with soliciting proposals from other firms including Clough Harbour. COUNCILMAN MARTIN-Noted he would like an opportunity to talk to them after they have been selected. COUNCILMAN BREWER-Updated the board regarding the joint parade between the City of Glens Falls and Town of Queensbury noting there will be meeting on Wednesday at 4: 30. The budget is estimated to be about nine thousand the amount to be shared by the Town is about three thousand. Noted on Wednesday a meeting will be held regarding the Dredging of the Hudson River the EP A will be at Queensbury School at seven o'clock. Asked Supervisor Brower to contact Dr. Lomanto regarding the status of the land behind the Queensbury School. COUNCILMAN TURNER-Spoke to the board regarding Mr. Remington coming to look at the problem on Quaker Road where the water is dumping onto the property of Meadow Lane. Noted he hasn't heard anything at all regarding this it has been an on going problem ever since it was put in. COUNCILMAN BREWER-Asked Councilman Turner if he has heard anything from Niagara Mohawk regarding the pole on Van Dusen Road. COUNCILMAN TURNER-No. COUNCILMAN BREWER-Asked if Councilman Turner could contact them. ATTORNEY MATTERS None DISCUSSION HELD Executive Director, Mr. Round-Updated the board regarding the Noise Ordinance. Town Counsel has reviewed ordinance he has review it noting they need direction from the board. After further discussion it was the decision to discuss the noise ordinance at a workshop to be held April 30th. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 172,2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. James Martin RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel matters. Duly adopted this 2nd day of April, 2001, by the following vote: Ayes: Mr. Martin, Mr. Turner, Mr. Brewer, Mr. Brower Noes: None Absent:Mr. Stec RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 173,2001 INTRODUCED BY: Mr. James Martin WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 2nd day of April, 2001, by the following vote: Ayes: Mr. Turner, Mr. Brewer, Mr. Brower, Mr. Martin Noes: None Absent:Mr. Stec No further action taken. On motion the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury